Newspaper Page Text
8
OR. PROSSER BEFORE A JURY.
INDICTMENT CHARGES ASSAULT
WITH INTENT TO MURDER.
Special Presentment Alleges a Crim
inal Operation From Which Death
Resulted to Mri. Henry Toehl—De
murrer to the Indictment Over
ruled—One of the State’s Witnesses
Gives Some Good Testimony for the
Defense—The Court Kept Going Un
til After 11 O’clock at Night.
The entire day and most of the night
were occupied in the Superior Court yes
terday with the trial of Dr. J. D. Prosser
on the charge of assault with Intent to
murder. s
The indictment against Dr. Prosser is in
the shape of a special presentment by the
grand jury, and the name of the principal
prosecutor is not known. Henry Toehl,
the husband of the deceased, the opera
tion upon whom brought about the case,
stated that he was not the prosecutor and
did not know who was. The Indictment
was found about a year after the death
of Mrs. Toehl.
The trial of Dr. Prosser attracted con
siderable attention and interest. The
court room was crowded, floor and gallery,
even during the preliminary proceedings
in the morning. Lawyers and others were
there, and the scene was the same in the
afternoon when the taking of testimony
began.
Messrs. P. W. Meldrim and R. R. Rich,
ards, who represented the defendant, first
filed a demurrer to the indictment, which
charged Dr. J. D. Prosser with assault
with intent to murder in that he ‘‘employ
ed an instrument to the grand Jurors more
particularly unknown," upon Johanna
Toehl for the purpose of
destroying her child, the same
not being necessary to preserve
the life of the mother, nor advised by two
other physicians co be necessary, for that
purpose, the same having produced the
death of the mother. The second count
in the indictment was practically in the
same language, except that it alleged that
the offense was committed by some
"means” to the grand jurors more par
ticularly unknown.
The defense demurred to the indict
ment on five grounds, claiming first, that
it was vague and uncertain and did not
make out any offense with which the
defendant was charged; that no descrip
tion of the instrument used was given;
that no description of the
"means" alleged to have em
ployed was given; that neither of the
counts alleged whether the child was alive
or dead, and that neither of the counts
alleged the time of the death of Mrs.
Johnanna Toehl, which was said to be
material allegations.
Quite an extended argument followed
upon the points raised in the demurrer
between counsel for the defense and So
licitor General W. W. Osborne. Authori
ties were produced on the line of the
points raised in the demurrer, and it was
held that In its form the Indictment was
vague and Indefinite, and did not charge
the d< r<-iidant with any specific offense.
Solicitor General Osborne argued that
the indictment alleged all that was re
quired under the statute, and that it was
in the form of the statute. As the “in
•crumcnt” and the "means" were un
known to the grand Jury he held that it
was not necessary to state them in the
indictment.
At the conclusion of this argument
Judge Falligant overruled the demurrer
•nd ordered the case to trial, not deem
ing it necessary that the allegations call
ed for should be made. It was about 11:30
©‘■•lock when the selection of a Jury be
gan and the process was a slow one. More
than the usual number of Jurors went off
for cause, among them four negroes, who
were In the phnel. These negroes, it ap
pears, and some others, had beem patients
of Dr. Prosser. All of the witnesses who
went off for cause stated that they were
prejudiced in the case and consequently
could not serve.
The alate struck six jurors out of the
ten permitted anti the defense struck sev
enteen of the twenty allowed. The Jury
as finally secured was made up as fol
lows: A. Sidney Cooper, John A. H. I’m
bnrh. Noah M. Ulmer, Alfred J. Lille
ill him J. 13. Adams, W. G. Macon, Gun
tave P. Werm, Henry M. Gentry, Joseph
J. O'Connell, Thomas F. Cullen, Joseph
E. Delannoy and William H, H. Young.
It was about 1 o’clock when the last juror
was secured and an adjournment was had
to 4 o'clock In the afternoon.
After the indictment had been read to
the jury and the ease of state put before
It, Henry Toehl, the husband of the dead
woman, was skorn a* the first witness for
the state. He said he knew Dr. Prosser
but not by that name. • His wife, he said’
died July 10, 18ft;. She was sick the Sun
txutoro, h<* ftakl, and also on Saturday
night. He went up to her room after
closing hl* store Saturday night, and
found her slrk. Sunday morning between
« and 9 O'clock, he went for Dr Prosser
who cuine and attended his wife. Dr*
Frosm r also came a second time, but did
not come again. She seemed (o become
worse and he called tn Dr. E. H. Nichols,
who at once call, d in Dr. William Dun
can for consultation. He knew nothing
of what Dr. Prosser did, nor did he know
•what the other physicians did. as he did
not remain in the room. The witness
•at.! that after his wife’s death he went to
Dr. Prosser and demanded the money his
wife had paid him. Dr. Prosser paid him
back the SSO. Toehl said he was not the
prosecutor in the case and did not know
who was.
The testimony of Mrs. Anna Weidmark
was more important, she having gone with
Mrs. Toehl to Dr. Proaaer. Mrs. Toehl •
she said, told Dr. Prosser the circum
•tances and said she wanted him to help
her out of her trouble. He told her tie
would take the case for SSO. She went
away then and got the ISO from a relative
nn.l went buck to Dr. Prosser on Satur
day, Mis. W ledntark aiso went with her
on that occasion. She said Dr. Prosser
used some Instrument which she thought
used aotne Instrument upon Mrs. Toehl.
who, she said, was not sick at the
time, but was sick on Sunday, the day
following. She was present also in Mrs
Team's room on that day when Dr Pros
ser performed an operation.
Upon the cross examination Mrs Wied
mark said that Mrs. Toehl complained of
pains when she went to Dr. Prosser; that
•he did not know that the Instrument us. 1
was a battery. It might have been a steth
oscope. such as was exhibited in court
that Mrs. TYiehl told told Dr. Prosser that
she had been trying to get out of her
tumble for n month or more, having gone
to another physician for that purpose and
havmg taken medicine which he had giv
en her. and that the child was dead.
There were In Mrs. Wledmark a testi
mony KMth' surprises for the state. Two
or three of the points she testified to on
the crms examination, Solicitor Osborne
had not heard of until yesterday morning
when he questioned her again. Mr. Os
borne Mkcd if anyone had talked to her
•bout the case since the indictment had
Wen found She replied that Mr. Rich
ards amt Mayor Meldrim had talked to I
l*r at her house. She stated afterwards 1
ItMt the conversation was in the pres
ence of her husband and that her atate
ment to them was the same that she had I
ma** to the grand jin-y. dlw had changed 1
it at no time, she aaul. but toi.l only the
truth about the case. She h.ij not said
anythin* about these things to Mr. Os
borne before, she takt, because he had no:
asked her.
Dr K. II Nichol* festifi.d to having been
died to attend Mr*. To. hl m July 7. IW4.
|u the evening. He found her tn a dan
•rrous co*nLuci>, •»« said, aud asked that
Dr. William Duncan be called in at once.
This was done, and they found her suffer
ing from blood poisoning known technical
ly as septicemia. On the day following
they performed an operation upon her in
the hope of saving her life.
Dr. Nichols gave considerable testimony
relating to the case, on the direct and on
the cross-examination, and then Mr. Rich
ards began to examine him upon technical
points relating to cases similar to that
in hJnd. Mr. Richards read an extract
from a medical work and asked Dr. Nich
ols as to the authority. Dr. Nichols said
it might belso considered, but he was not
prepared t<9 testify to it, or to conclusions
slated in it. More questions of a general
nature were asked, when Dr. Nichols said:
“You are using me as an expert wit
ness ”
“Yes,” said Mr. Richards, "I want to
get at these points.”
“But if you are going to make an ex
pert of me,” Dr. Nichols said, “I must
appeal to the court.”
“We can call upon you,” Mr. Richards
said, “without being required to pay for
such testimony.”
“You will have to answer the questions,
doctor, ” Mr. Osborne said, and the exam
ination proceeded along the lines begtin,
somewhat to the discomfort of the court
stenographer, to whom some of the numer
ous technical terms used, at least, were
unknown and unfamiliar. Some of the au
thorities mentioned to Dr. Nichols were
pronounced by him as out of date and not
good.
Dr. Duncan, who was consulting physi
cian witli Dr. Nichols, testified somewhat
similarly to Dr. Nichols, with regard to
their visits to Mrs. Toehl. and as to what
was done. The woman, he said, was in
a very bad condition, and was suffering
from blood poison. There was very little
hope for her, he said, though they treated
her right along. Dr. Duncan also gave
expert testimony In reply to questions
from Mr. Richards.
The court adjourned for supper before
the testimony of Dr. Duncan had been
concluded. When the trial was resumed
at 8:30 o’clock. Dr. Duncan was examined
for a time along the same line, and the
state rested.
Dr. S. S. Prosser, brother of the defend
ant, was the first witness sworn in behalf
of the defense. He gave considerable tes
timony with regard to the technical feat
ures of the case, and made statements go
ing to show that the action taken by Dr.
Prosser was necessary for the woman’s
health and safety. Among other things,
he testified that the reason the SSO was re
funded to Toehl was because he had stat
ed that his wife had borrowed it from
her sister, and that neither he nor his sis
ter-in-law could afford to lose it on ac
count of the heavy expense under which
he had been. Rather than have any talk
about the matter, he said, the money was
refunded.
Mrs. Lightburn, the nurse who attended
Mrs. Toehl during her sickness, was the
next witness sworn. She made several
statements in support of the claims of the
defense. She was on the stand but a few
mltyutes.
At 11:15 o’clock. Judge Falligant order
ed an adjournment of court until 10 o’clock
this morning. The Jury was sent to the
De Soto for the night.
GAGE ON THE BANKS AND GOLD.
SECRETARY CONTINUES HIS TALK
TO THE HOUSE COMMITTEE.
Clinlrninn Walker Tries to Show
That the Guarantee Required In
the Gage Bill and the Monetary
Hill on Unsecured' Circulation Is
Too Great—The Secretary and ex-
Secretary Fairchild Reply That It
la Better to Have It Too Larse
Than Too Small.
Washington, Jan. 18.—Secretary Gage
proceeded to-day with the currency hear
ing before the House committee on bank
ing and currency.
To-day’s hearing took a general range,
with a view to developing Mr. Gage's views
on general financial questions, and his
judgment on various measures, including
his own, for currency revision.
Chairman Walker, in a series of ques
tions, sought to sitow that the guarantee
required in the Gage bill and the monetary
bill on unsecured circulation was too great,
thus imposing an onerous burden on the
banks, far beyond the losses which expe
rience has shown would occur.
Mr. Gage said that the safety fund in his
bill was placed at a jxflnt which he re
garded as safe, and if found too high it
could be reduced.
Ex-Secretary Fairchild said it was felt
that in a strain of this character it had
been deemed best to make the guarantee
too great rather than too small.
Mr. Gage stated in this connection l.ia
objections to the plan of imposing mutual
res)s>nsibility on all banks as proposed in
the monetary commission bill. It would
be an unfortunate requirement, he felt,
as it would operate to keep desirable banks
from entering the system and imposing on
themselves a resjtonsibillty for outside
banks. The banker, ns a rule, did not
want to be responsible for losses other than
his own. Whether the guaranty was to be
by a 2 per cent, tax on banks, as provid
ed. or by a mutual guaranty from all
bunks as the commission provided, or some
other adequate plan, Mr. Gage said he was
willing to concede this detail so long as
some safe security tor the redemption of
the l>ank notes was provided.
The committee occupied the afternoon
going over the Walker currency bill.
Chairman Walker sought to show thnt of
the pending currency bills, his stood the
best chance of passage, that it was the
least objectionable, because, while accom
plishing similar results, it did not-flaunt
before the minority interests the direct
preamble declaration in regard to the gold
unite standard. It would, he said, abso
lutely relieve the government of having
anything to do with the current redemp
tion of money of any nature, and from
keeping anything except on ordinary ex
chequer balance as in a private establish
ment.
Secretary Gage, referring to the state
ment of purpose in the Gage bill, as to
fixing the gold standard more firmly,
briefly explained why it was best to in
corporate that declaration. The obliga
tions of (he United States, said he, are
payable in coin. There is a deep dispute
as to what that means On one side of
Congress it is said that the government
can pay in sliver, the other says gold
only; otherwise it is guilty of bad faith
and dishonesty as regards its obligations.
So long as there is a debt there will be
constant pressure to open the way for
payments In silver, and the contention
was that better assurances of maintain
ing the gold standard than now exists
should be given the country. So. the Sec
retary thought that it was the wisest plan
to make a positive and unequivocal de
claration as to the purposes of the bill.
Secretary Gage and ex-Secretary Fair
child will be before the committee again
to-morrow.
MONEY FOR THK INDIANS.
Appropriation Hill Carries More
Than the Estimate*.
Washington. Jan. 18.—The Indian appro
priation bill as reported to the House to
day carries «»n aggregate of K.ttTJM,
against estimates of $7.375.«17. Os the
amount recommend* J is reimburs-
able to the government. The total amount
for the support of the Indian schools from
other than the_ treaty fund is $2.574.5*X. For
fultl.iing treaty stlpdattocut Is
Appropriated.
THE WEEKLY NEWS (TWO-TIMES-A-WEEK): THURSDAY JANUARY 20. 1898.’
J. W. TEEPLE BURNED OUT.
LARGE FURNITURE STOCK CONSUM
ED BY FIRE THIS MORNING.
The Loss About $20,000 With Insur
ance of $12,000 on Stock—The Place
a Fire Trap Consisting Chiefly of
a Corrugated Iron Shed With No
Brick Partition Walls—Valuable
Time Lost in Turning in the Alarm.
J. W. Teeple & Co.’s furniture store, on
Broughton street, was burned this morn
ing, with a loss of between $15,000 and $20,-
000. The stock is practically a total loss
from damage by fire and water.
The fire was discovered about 11:30
o’clock, or shortly thereafter, by parties
on Broughton street. Considerable time
was lost in turning in the alarm after the
fire was discovered. Several men ran to
the box at Broughton and Jefferson
streets, but none of them had a key. The
box was finally broken in with
a rock by Morris Lepinsky.
Policeman Ungar came up at this time
and undertook to pull the box, but as he
did so the alarm was heard sounding
from box 21, at Montgomery street and
Oglethorpe avenue. Policeman York had
seen the blaze, and turned in an alarm,
leaving the department to locate the fire.
The officer believed, however, that the
fire was in his immediate neighborhood.
The fire department responded to box
21 and some time was lost on this ac
count in reaching the fire. Arriv.
ing on the scene, the firemen
devoted their first efforts to fighting the
Are from the rear in Broughton street lane,
using the large water main on State street.
The crowd gathered on Broughton street
could not see much of the work of the de
partment from that quarter at-first and
this caused various comments on its slow
ness. Parties in the vicinity informed
a Morning News reporter that the fire had
been burning some time wJien the alarm
went in. Their opinion was that it orig
inated in a colored tailor’s shop on Mont
gomery street.
The fire when first discovered was in
the range of one Story buildings at
Broughton and Montgomery streets.
Some of these were rented as small
shops, including the harness and sad
dlery shop of Gen. P. McGlashan.
Adjoining these buildings on east was
the two-story building, the property of the
late Robert Mclntyre. Mr. Teeple occu
pied the Mclntyre building as a furniture
store and the greater part of the Feeley
range as store rooms and stables. Three
horses and several vehicles were burned
in the stable, the latter being in a blaze
when the firemen arrived.
The whole outfit formed probably the
greatest fire trap in the business section
of Savannah, having teen erected with
a total disregard of fir? regulations. The
Mclntyre building was simply a
brick front, the rest of the build
ing being a cot rpgated iron shed
with frame supports. There
was no wall between the Mclntyre and
P eeley buildings, the corrugated iron
sheeting only, separating them.
The firemen put up a hard fight to keep
the fire in the Feeley buildings. This
was practically impossible, however. The
building being filled with inflammable ma
teriel, the heat soop spread the flre to
t*le adjoining brick building. There was
plenty of water atjd a quantity of it was
poured into the building, apparently with
out much effect.
The aerial truck was placed on Brough
ton street and used to pour a stream into
the second-story window. The firemen
seemed to be very awkward in handling
this machine, which called forth consider
able unfavorable comment.
A brisk wind from the east sprung up as
the flre progressed. This was in favor of
the firemen, however, as it drove the heat
away from other buildings.
The family of Mr. J. E. Herbert, in the
house adjoining the Teeple building on
the east, moved out all their belongings,
having no insurance.
The house was filled with smoke, but no
other damage was done. Several negro
families living in the lane hustled out
their belongings and scattered them
around the neighborhood.
At 1 o'clock the department had the
flre under control, with no danger of
spreading to adjoining buildings. Active
work was continued for some time lon
ger, however.
Mr. Teeple, who was early on the scene,
said to a Morning News reporter that his
insurance amounted to $12,000. The stock,
if a total loss, might reach
$20,000 he said, aS there was a large amount
of furniture stored in the building. Mr.
Teeple stated that the greater part of the
building consisted of a corrugated iron
shed.
"It is very strange.” said Mr. Teeple. “I
took a look around the building and the
stable at 11 o’clock, and there was no sign
of fire then.”
Mr. Teeple is In hard luck. It is only a
few weeks since that his warehouse on
Williamson street burned, with a consid
erable loss. Mr. Teeple could not recall
the names of the egents with whom he
he had placed the insurance.
Mr. Teeple was granted permission by
Council three or four years ago to erect
the corrugated iron shed in *he rear of
the Mclntyre property. It was objected to
at the time that the place would prove a
fire trap, and the prediction has been ful
filled.
COTTON MILLS TO RES I ME.
New Company Now Helng Organlard
to Hwy the Property.
From the Morning Jan. 18.
A meeting of former stockholders and
others interested in the Savannah Cotton
Mills Company was held yesterday in the
office of Mr. George W. Owens, who was
president of the company.
There is a project on foot, looking to
buying the property from the Southern
Bank, reorganising and starting the mills
to work again. The question was dis
cussed for some time, and it was prac
tically decided that this should be done.
Among those who are interested in the<
project are some of the former stockhold
ers of the property, and other, parties
whose identity has not yet been disclosed,
but who are understood to be backing the
plan.
The company owed the Southern Bank
about $37,000, and that institution bought
the property in at public sale for $30,0)0.
If the parties who now want to take hold
of it can secure it at their price, there
is little doubt that they will take it. re
organise it under a new charter, and start
the mills in motion. So far as is known,
the only desire on the part of the bank
is to get the money due it. and it may let
the property go for the amount of the
principal, interest and costs o' the trans
action.
There is a question of a few thousand
dollars more to be subscribed, for the pur
pose of carrying out the proposed plans
A committee was appointed at the meet
ing yesterday to see other parties, who. it
is believed, will take an interest in the
project, and they will be consulted to-day.
It is expected to get the property, secure
the new charter and be ready for running
within » short limo
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GORMAN MAY BE THETGAINER.
MARYLAND REPUBLICANS MAY FAIL
TO ELECT A SENATOR.
Should Their -'(vUt, Irreconcil
able Selection Would Come Before
the Next Legislature and Demo
crats ‘Might Carry the Stiitft for
Gorman—The First Ballot Taken
Separately in The Two Houses
Leaves Outcome in Doubt.
Annapolis, Md., Jan. 18.—The first ballot
in the Maryland Legislature for a succes
sor to Arthur P. Gorman in the United
States Senate was taken to-day, each
branch balloting separately, with the fol
lowing result:
McComas .. .34
Shaw ...11
Shyrock 3
Findlay 2
Parran , 6
Mulliken 1
Barber 6
Urno 1
Gorman 43
Lowndes 1
Page 1
Total 109
Necessary to a choice 55
The candidates are Judge Louis E. Mc-
Comas of Washington county, Maj. Alex
ander Shaw, Gen. Thomas J. Shyrock, ex-
Congressman J. V. Findlay, all of Balti
more city; Thomas Parran, Col. J. C. Mul
liken, Congressman Isaac A. Barber and'
Milton G. Turner.
But one ballot was taken, and this leaves
the situation as much involved in uncer
tainty as it was before the voting began.
The preliminary skirmishing has been
attended with bitterness and dissension In
the ranks of the Republicans, who have a
considerable majority in both houses.
These dissensions, have rendered it Im
possible to bring about a Republican cau
cus and there seems to be little probabili
ty that this method of settling the dis
pute will be resorted to in the near fu
ture.
The first break in the Republican ranks
came two weeks ago, when eleven mem
bers of the House of Delegates from Bal
timore city refused to caucus on the
speakership, and by effecting a coalition
with the Democrats elected one of their
own number to that office. Numerous at
tempts have since been made to get the
seceders back in line, but they remain
firm in this position. Without at least
two of their number the Republicans are
powerless to elect any one and with the
aid of the Democratic vote the "faithful
eleven, as they have been nicknamed,
may at any time elect a man of their own
choosing, or cause a deadlock until the
end of the session. With this possibility
in view the Democrats are using every
possible means to foment discord.
Such a situation naturally gives rise to
all manner of conjecture and speculation,
and there are many who believe that it
may be yet possible for Senator Gorman to
succeed himself, if he can carry the next
legislative election.
The possibility, however, is admitted by
the Democratic leaders to be a remote one.
To-morrow morning the balloting will be
resumed, tfifs time in joint seWToS; and
will be continued' fFritil a Hsfcult is reached.
-"•y *n-
MUHDERER CAU.GpT AT M INTOftH.
Henry Davis Captured by a Sheriff's
Posse.
From the Morning Jan. 18.
Henry Davis, colored, who shot and kill
ed an unknown negro at Bayview, in Lib
erty county, Saturday night, was cap
tured yesterday by Sheriff Brewer and one
of his deputies.
The killing was the result of a misun
derstanding In a gambling den. A number
of negroes assembled at a turpentine still
near Bayview and were engaged in a game
of cards until a late hour. Davis was one
of the participants and the negro whom
he killed Is reported to have made a re
marl* to which Davis took offense and re
sented.
As soon as the tragedy was reported to
Sheriff -Brewer a posse was organized to
track Davis. It was not known in what
direction he went, but later* the ■ Officers
learned he was intending to take the Sa
vannah. Florida and Western train at Mc-
Intosh station. Sheriff Brewer and his
deputy took the train at Johnston's sta
tion for the purpose of catching the negro
when he got on at Mclntosh. Davis did
not know the officers were so close, how
ever, and jumped on the cars at that
place without any apparent fear of be
ing: captured. When the train pulled out
of Mclntosh, the officers nabbed Davis and
sot off with him at Flemington, where
they took the next train and returned to
Bayview. Little is known as to the
circumstances of the killing.
COL. J. J. C. BIFFALO DEAD.
Served on the Staff of Gen. Chalmers
During the War.
New York, Jan. 18.—Col. Joseph J. C.
Buffalo is dead at his residence in this
city, aged 76 years.
He was born at Raleigh, N. C., and serv
ed on the staff of Gen. Chalmers of the
Southern army. -
After the war he came tp New York as
the representative of the Memphis and
Char lest ion Railroad.
For the past three years he has been
connected with ine Norfolk ami Western
Railroad and the Virginia. Tennessee and
Georgia and Air Line Rai.road.
HOUSE JINGOES MAKE IT HOT.
RECOGNITION OF CUBAN BELLIGER
ENCY’ DEMANDED.
De Armond of Missouri Springs the
Sensation by Offering Recognition
as nn Amendment to the Consular
and Diplomatic Appropriation Bill.
Bailey of Texas Backs De Armond.
The Acting Chairman Sustains a
Point of Order Against the Scheme.
The Killing Appealed From and
the Chairman Sustained by a Ma
jority of 38 Votes.
Washington, Jan. 18.—The first contested
election case of the present Congress was
disposed of by the House to-day.
Chairman Taylor of the committee on
elections No. 2 reported that Thomas
Clark, who filed notice of contest against
Jesse F. Stallings, representing the Sec
ond Alabama district, had abandoned his
contest, and, therefore, unanimously re
ported a resolution declaring Mr. Stall
ings entitled to the seat.
The House then ’resumed consideration
of the army appropriation bill.
When the House adjourned yesterday a
point of order had been raised against a
provision of the bill modifying the method
of computing the mileage of army officers.
The chair overruled the point of order.
Mr. Sayers, Dem., of Texas, said the pro
vision would increase the cost of mileage
to the government. After some discus
sion it was temporarily passed over.
Mr. Sayers then raised a point of order
against the provision requiring the pay
of enlisted men by paymasters in person.
The point of order was sustained and the
provision went out of the bill.
Mr. Little of Arkansas offered an amend
ment to appropriate $15,000 for the repair
of the National cemetery at Fort Smith,
Ark. He explained that the cemetery had
been totally wrecked by the storm which
recently devastated the town. The amend
ment fell under a point of order.
The army appropriation bill was passed,
and the diplomatic and consular appro
priation bill was taken up. The minority
served notice that they proposed to debate
our foreign relations exhaustively.
Mr. DeArmond of Missouri offered as an
amendment to the diplomatic and consu
lar appropriation bill a resolution for the
recognition of Cuban belligerency, and
when a point of order was raised against it
he made a strong speech appealing to those
who sympathized with the struggling in
surgents to override the rules of the
House, assert themselves and adopt this
amendment now. He declared they could
never explain their course to their constit
uents if they did not seize this opportunity.
Mr. Bailey, Dem., of Texas, next, amid
a burst of aplause, challenged Mr. Hitt,
chairman of the committee on foreign af
fairs, to state that it was the intention of
those in authority to give the House an
opportunity to vote on the Cuban bellig
erency resolution.
Mr. Hitt made no reply except to pro
test that Mr. Bailey was out of order.
Mr. Hepburn, in the chair, sustained the
point of order.
Mr. DeArmond thereupon appealed from
the decision of the chair and urged that
the members seize the present opportunity.
Mr. Dingley, the floor leader of the ma
jority, hurried to the rescue. Great ex
citement prevailed.
The speaker entered the hall of the
House while Mr. Dingley appealed to his
side of the House to disregard all the per
sonal inclinations toward the amendment
and stand by the rules of the House.
In reply to Mr. Dingley. Mr. DeArmond
urged the members to free the House for
a single hour from a “dominion so abso
lute that the mebers to free the House for
tlon for nothing except as those in author
ity had approved it.”
Gen. Henderson, Rep.,.of lowa, answer
ed Mr. DeArmond, declaring that if a ma
jority of the House was against the Cuban
resolution there would be no action despite
the fine political play of the Missouri gen
tleman.
The excitement on the floor continued,
but debate was temporarily diverted to the
I rules and parliamentary tactics, and par
ty lines were broken when Mr. Fleming,
Dem., of Georgia, opposed the Cuban
amendment on the ground that it was not
in order, and Mr. Colson, Rep., of Ken
tucky, foliowed in a vigorous speech ar
raigning the committee on foreign affairs
and his Republican associates for delay
on Cuba. He warned Republicans that
the people would hold them accountable
for the delays. He declared that is some
thing was not done he would be one to join
in the most revolutionary tactics on the
floor to bring the Cuban question to a
hearing.
On the motion to close debate on the ap
peal, the rising vote was yeas, 152; nays,
114.
Without further amendment, the bill
was passed.
The W’heeler resolution for the appoint
ment of members of the Board of Re
gents of the Smithsonian Institute, was
also passed.
Mr. Hitt, chairman of lhe committee on
foreign affairs, then called up the diplo
matic and consular appropriation bill.
Mr. Bailey objected to any limitation on
the general debate.
The bill carries $1,729,008, an increase of
$33,700 over the law for the current year.
As soon as the enacting clause had been
reached, Mr. DeArmond. Dem., of Mis
souri, offered an amendment to recognize
the Cuban Insurgents as belligerents.
Mr. Hitt raised the point of order that
the amendment was new legislation and
obnoxious to the rules of the House.
Mr. DeArmond, speaking of the point of
order, said he fully understood the rules
of the House, which were designed to
suppress, whqj desired, -the. will of the
House.
The chairman of the foreign affairs
committee, he said, might feel constrain
ed to raise this point of order, but he
reminded the House that there still re
sided. in his judgment, the power at any
time, at any place, on any bill, to place
what the House believed should be there.
For months, he declared, these in control
of the House declined to allow to be done
what the people desired, namely, that Con
gress act upon this question of recogniz
ing the belligerency of the struggling pa
triots in Cuba. When the people of the
country felt as they did. it was the duty
of Americans to override those petty little
rules which had been used to suppress ac
tion. The newspapers were. filled daily
with harrowing tales of starvation and
cruelty in Cuba. Should we emulate the
example of Nero, who fiddled while Rome
burned, and sit supinely and fndifferemly
by men almost within sight of our
shores were fighting for principles as holy
as patriots ever fought for, or heroes ever
defended.
Further inaction, he sMd. was a disgrace
to American manhood. The autonomy of
fered by Spain, he declared, was a revolt
ing mockery, a sham and a delusion. He
warned the other side that the question
could not be evaded or dodged; that with
this opportunity before them they could
not go back to their constituents and plead
rules as an excuse for non-action. He was
proceeding to denounce the administra
tion for following the example of its pre
decessor in sending out the United States
navy to hunt down sympathizers with the
struggling Cubans.
Mr. Steele. Rep., of Indiana, and Mr.
Hitt both called the attention of the chair
to the fact that Mr. DeArmond was not
discussing the point of order.
Mr. DeArmond said he well understood
this, but he would not flinch from his
purpose. He would say no more. But
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if the point of order was sustained he de
clared it was his purpose to appeal from
the decision of the chair and give the
House an opportunity to determine tin's
question for itself. He felt constrained,
he said, to call the attention of the lead
ers of the majority in the House to the
duty to the people.
Mr. Bailey, the Democratic leader, re
inforced the views of Mr. DeArmond, ar
guing that the proposition to recognize a
state of war in Cuba was certainly ger
mane to this bill. It had been his pur
pose, he said, to offer this Cuban bel
ligerency resolution as an amendment.
The climax of his speech came when he
offered to withdraw the amendment, if Mr.
Hitt, the chairman of the committee on
foreign affairs, would give assurance that
the Senate resolution would receive con
sideration within a reasonable time.
He paused to await Mr. Hitt’s answer,
but Mr. Hitt did not rise.
“The gentleman” (Mr, Hitt), said Mr.
Bailey, “is as silent as the Republican
party on this question.” Again the Dem
ocrats cheered and the galleries also ap
plauded.
Then Mr. Hitt arose, but instead of re
plying to Mr. Bailey's challenge, he called
the attention of the chair to the fact
that Mr. Bailey was not discussing the
point of order.
“It is an attempt to have two general
debates,” he said.
The Democrats jeered this statement.
Mr. Hepburn, in the chair, sustained the
point of order, whereupon Mr. DeArmond,
in order to get the question before the
House in a better form, offered the Sen
ate Cuban resolution as an amendment,
and when it was overruled, appealed from
the decision of the chair.
At this time great excitement existed in
the House. The galleries were filled to
overflowing. Messengers had been sent
scurrying to all quarters of the Capitol to
summon Republicans who were absent
from the hall. It was evident that there
was fear on the part of the House mana
gers that the House might be carried oft
its feet on this first occasion of a test
of the sentiment toward Cuba.
The House managers made their fight
for regularity of proceeding. The speak
er, who was in the lobby, came into the
hall and helped to rally his followers.
Mr. Dingley, the floor leader of the ma
jority, took the floor. He characterized
Mr. DeArmond’s appeal from the decision
of the chair as the most extraordinary
proposition, a proposition, he said, to over
ride the rules and establish a new mode
of procedure and to destroy the orderly
transaction of business.
“Many a time,” he was saying, “I might
have been tempted for partisan pur
poses—”
“This is not a partisan question,” shout
ed Mr. Terry, Dem., of Arkansas.
Mr. Dingley waved Mr. Terry aside and
paid no attention to the interruption,
which the Democrats applauded. '
Mr. Dingley appealed to his side of the
House to sustain the rules of the House.
The Republicans indicated their support
by warm manifestations of approval.
Mr. DeArmond got the floor again and
in reply urged members on both sides of
the House to “vote to free this House for
one hour from a dominion so absolute
that it was impossible to get considera
tion for any matter, no matter how impor
tant or urgent, without the consent of
those in authority in the House.”
“It seems.” he added, ironically, “our
loftiest duty to observe the petty shift
ing rules of the House, no matter where
they lead to, or what the exigencies of
the time demand.”
Again at this point Mr. Hitt protested
that the debate was not on the question
before the House, and again the minority
jeered.
“I am sticking as close to my text,”
shouted Mr. DeArmond, “as the gentle
man from Maine (Mr. Dingley) did.”
Mr. DeArmond declared that no kind
of rules should violate the plain dictates
of humanity and decency,
Mr. Simpson, Pop., of Jansas, inter
rupted to state that the speaker himself
had violated rule 10 by not appointing the
committees of the House.
Mr. Henderson, Rep., of lowa, a mem
ber of the rules committee, answered
with much feeling. He said the gentle
man from Missouri (Mr. DeArmond) was
again lecturing the House.
He was interrupted by Mr. DeArmond,
and the colloquy was fast as to alleged
promises that the new code of rules would
be presented.
When, at one point, Mr. DeArmond got
a round of applause, Mr. Henderson ex
claimed: “It is your political buncombe
they are applauding. There is no com
mittee in this House so mighty as to pre.
vent or retard action unless the House is
behind it. And there is no man so mighty
as to retard action unless a majority of
the House is behind him."
The confusion redoubled as the debate
proceeded. members contending for the
floor, whale the area In front of the speak
er’s desk was crowded.
Mr. Henderson gave a parting shot by
declaring that if a majority of the House
desired acsp*on on the Cuban resolution it
would find means for that action. “But
if a majority is against action on that
resolution,” kie added, defiantly, “then thst
action will not be taken, despite the fine
play of the gentleman from Missouri.”
A brief clau>h occurred between Mr.
Bailey and Mr. Dingley on the prceedure
in the present case.
Mr. Lewis, Dem., of Washington, gave
a breathing spelt by making a long speech
on precedents favorable to the Cuban
amendment.
The Cuban theme temporarily disappear
ed and Mr. Cannon, Rep., of Illinois, and
others, discussed its parliamentary status.
“If the Cuban amendment is not in or
der.” asked Mr. Blarkd of Missouri, of Mr.
Cannon, “how can a question be brought
before the House so that we can vote on
it.”
“I am not required to answer on how
you must proceed,” ansnvered Mr. Cannon,
amid laughter from the Democratic side.
“Do you, yourself, believe this amend
ment is in order?”
“Yes, I do,” responded .Mr. Bland, “be
cause it is the only way we can get at it.
It is a law of necessity jusi now.”
Again the debate drifted into a prolix
contest between Mr. Bailey and Mr. Ding
ley over parliamentary procedure.
Mr. Lacey, Rep., of lowa, argued that
the minority could ill afforrf to counsel
defiance to the rules of the EJouse. The
rules were for the protection of the mi
nority.
Mr. Fleming, Dem., of Georgfci, declar
ed that while he was in favor of acknowl
edging the independence of Cuba, he had
sworn to support the rules of the House,
and he could not bring himself to vote to
overthrow them.
These remarks earned for hinr great ap
plause from the Republican side).
Immediately a break occurred it) the Re
publican ranks, when Mr. Colson, Rep.,,
of Kentucky, denounced the inaction of
the House on the Cuban resolution, and
the applause was transferred to the Dem
ocratic side. This was short-lived,
though, as ivir. Colson concluded hits re
marks by declaring that he should vote
to uphold the decision of the chair'' -
“But I warn by Republican friends.*
he added, “that we have delayed too lonej
the recognition of the insurgents. If we
do not act we will be swept out of power.
And if we are not given the opportunity*
to act, I, for one, will join any revolution
ary tactics in order to cast my vote for-
Cuban independence.” (General applause).
After some remarks by Mr. Grow, Rep.,,
of Pennsylvania, there were cries of
“Vote, vote,” from the Republican side,,
but the debate proceeded for some time.
When Mr. Hitt moved to close the de
bate on the pending paragraph, Mr. Bailey
attempted to mate the point of order that
the question was on .the appeal, and not
on the paragraph; that Mr. Hitt’s motion
was not in order, but Mr. Hepburn, who
was in the chair, held that Mr. Bailey’s
point of order came too late. This an
nouncement was greeted with Democratic)
jeers.
“I would appeal from that decision,”’
said Mr. Bailey, “were it not that two
appeals were not in order at the same
time.”
There was no break in party lines on
this motion, which was sustained, 153
118.
Speaker Reed marched through the tel
lers with the majority.
Then the question rested on the appeal
from the chair. A solitary Democrat, Mr*
Fleming of Georgia, voted with the Re
publicans to sustain the chair. No Repub..
Heins voted with the minority. The chair
was sustained, 152—114. No applausa
marked the announcement.
The clerk proceeded with the reading,
but to the next paragraph, appropriating
$175,000 for the ambajssadors to Great Bri
tain, Germany and France, Mr. William.%
Dem., of Mississippi, moved an amend
ment to appropriate $5,000 for an envoy*
extraordinary to the republic of CubaJ
The Democrats cheered.
Mr. Hfttt raised the point of order that
the amendment was a change of existing
legislation.
Mr. Williams argued that as there was
no law on the subject there could be no
change in ‘.he existing law\
Upon this amendment also Mr. DeAr
mond urged the members to assert them
selves and override the rules.
“If the Republicans do not,” he said,
“they must accept the responsibility.”
“In the presence of your master, ruler*
and leader!” he shouted, “In whose pres- .
ence you scarcely dare to think! I ask
you to give freedom and liberty to Cuba!
or meet your outraged constituency. LeC
us see what course you will follow:’'*
(Uproarious Democratic applause).
The chair then sustained the point of
order, and on motion of Mr. Hitt the
committee rose.
The Indian appropriation bill was pre
sented, and at 5:05 O'clock the House ad.
journed.
PROVED HE WASN’T THERE.
Mn, Newton’s Burglar Turned Ou|
Not to Be Lucius Aiken.
From the Morning Jan. 18.
Lucius Aiken,colored,arraigned in Justice
Wickham's court yesterday for burglary,
had some trouble in proving an alibi, the»
basis of hl» defense.
The house of Robert Newton, No. 643
Nichols street, was entered some weeks
ago, and it was claimed the thief carried
off a S2O bill, which Newton thought he
had safely secreted in a pocket of hie
clothes. The thief adopted the old tactica
which led him to the money. The main wit
ness against Lucius was Mrs. Newton, whoi
said she heard the sliding doors move and,
knew a thief was pillaging the house. She
screamed and aroused her husband, who
struck a match and threw light on the
situation. As quick as the light flashed,
Mrs. Newton said she saw Aiken, who
made a lunge for an open window and in
the dash, stumbled-over a chair and struck,
against the dining table, making a loud
noise and adding to the already Intense
excitement.
"Fire at him quick!” cried Mrs. Newton
to her husband as the man was about to
escape.
But the match went out she said, and
the only other glimpse she got of the in
truder was when he ran across the yard
and under the glare of an electric light.
There was no possibility of her being mis
taken, she said, and she emphasized to
Justice Wickham that if Aiken was dis
charged, injustice would be done.
In his own behalf Lucius introduced quite
an array of witnesses to establish an alibi,
which he succeeded in doing. Justice Wick
ham was perplexed for a time on account
of the positiveness, of Mrs. Newton and
the straight-forward story of Aiken’s wit
nesses. The rule of law to give the accused,
the benefit of any doubt was adhered to,
however, and the man was released.
UNUSUAL EVIDENCE OF ROBBERY'.
Adam Bevely Pointed From His Bed:
to His Ramsaeked Pockets.
Adam Bevely was in Police Court yester
day as a witness against several women
whom he claimed had robbed him at a><
house near Hull and Houston streets.
Policeman T. C. Murphy answered a call
at this place and on entering the house oc
cupied by Fannie Myers, A. Hodges and
Minnie Beal, found Bevely in bed. At
first the officer was at a loss to understand
the situation and did not see why a man
in trouble should be lying in bed so uncon
cerned.
“Look at them—look at the pockets of
those trousers,” said Bevely to the officer.
It was noticed the pockets were protrud
ing in such a manner as to lend the im
pression they had been searched. And
they evidently were according to Bevely’s
claims, because he was loser of something
between $8 and S2O. The object in getting
the policeman there before arising from
bed was to have substantial evidence of
the fact that the pockets had been ran
sacked. When the charges were were pre
ferred against the woman, they were tak
en to the barracks by the officer, and on
being arraigned in court, each placed the
blame on the other, and the recorder
turnd all ovr to th City Court.
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