Newspaper Page Text
VOL. XXVIII—NO. 253
COLUMBUS, GEORGIA: TUESDAY MORNING, OCTOBE
The Story Grows Sadder as It Grows
Longer.
Wkolo Families Perish Without a Wltuew—Pa
rent* Watch Their Chililrim Ho Down ami Are
Dnublo to Snvo Them—lluiuli ilensts Driven
lad by the liuek of Fresh Water.
Bhaumont, Texas, October 18.—A new
danger seems to have sprung up in the
vicinity of Sabine that has scared search
ers for the unfortunates. Cattle have be
come dangerously wild animals. The
watering pools have been Ailed with sea
water and oattle are wild with thirst.
Saturday evening a steer chased three
men who were walking on the edge of a
bayou and would probably have killed
them if they had not succeeded in reach
ing their boat. When the steer saw lie
was foiled he seemed to become more
fUrious. plowing up sand with
his horns and bellowing loudly.
Messrs Kouutz Bros., Bankers, of New
York, who are largely interested in rail
roads and real estate in thi3 section of
Texas,have telegraphed the relief commit
tee to draw on them for $2000. Intelligence
has reached here that a great gale has
swept over the country for forty miles
north of Beaumont and Orange, reaching
Jasper, county seat of Jasper county, and
damaging cotton badly. Several houses in
that region were demolished but uo loss of
life occurred north of the Southern Pacific
railroad.
Iftblnc Pass ami Johnsou’n Rnyou Vlsilcii Ivy a
Committee.
Galveston, October 18.—The commit
tee of citizens who left here Saturday
night on the tug boat Estelle, which had
the schooner in tow, carrying $1000 worth
of provisions for the unfortunates at
Sabine Pass and Johnson’s bayou, returned
at a late hour last night. They reached
Sabine Pass early Sunday morning and
found about 100 persons living there, re
luctant to leave the site of their former
homes. They are occupying the few houses
that withstood the storm. One half of the
food and clothing taken up by the commits
tee was distributed among the sufferers
who were in great need of everything.
The remainder was sent up to Johnson’s
Bayou by the barge Topsy as the tide and
ohannel V'ould not permit of Estelle go
ing up the river. The committee are
unanimous in their statements regarding
the absolute destitution of the survivors.
They say they never saw such suffering for
the necessities of life as exist at Sabine
Pass and Johnson’s Bayou. The commit
tee ascertained that the total number of
persons who lost their lives was 102; of
these 04 were colored and 38 white. Only
84 bodies have thus far been recovered and
buried. Scores of searching parties con
tinue to hunt for the bodies of missing
friends.
Wind Over live Water.
London, October 13.- Much damage has
been done by a hurricane on the north
west coast or France. Many steamers are
compelled to postpone their departure,
ON ’CHANGE.
A Day of Activity and Change.
New Yoke, October 18.—To day opened
with an excited and irregular market in
which the principal features were a weak
ness in Manhattan and Jersey Central
Which, to a certain extent, affected other
anthracit companies. The strength
shown by Hocking Valley and some oth
ers of specialties, and the fr o selling of
Manhattan knocked its prices down 9
points in the first ten minutes. After this
most of the decline was recovered and a
better understanding of Central affairs dis
persed the somewhat gloomv view of its
future, and it was sold freely
throughout the day, being actually the
weakest stock on the list. Other anthra
cite companies, notwithstanding the efforts
of a bull pool in those stocks, sympathized
with Jersey Central. Vanderbilt’s and
Grangers were quiet throughout the day.
Strength in the market was shown entire
ly by specialties. The opening was irregu
lar but generally lower, differences being
for small fractions in the majority of cases,
while Jersey Central was stronger. The
market was Irregular but general
ly weak l’or the first half
hour and many stocks reached their
lowest point in the first fifteen minutes.
Prices then rallied, afLer which they were
alternately weak and strong until the last
hour, when rumors to the effect that an in
fluential operator was in trouble again
caused free selling, and the market closed
weak, in mauv cases at the lowest [joint of
the day. Money was run to tea per
cent. in the afternoon, which
aided the final decline. Hocking
Valley records the largest transactions to
night, Jersey Central being close second
and Lackawanna third. Roeking Valley
is the only stock showing activity, which
is higher to-night, its gain being 1}. Man
hattan lout 7, Jersey Central Of, Lacka
wanna 21, Nickel Plate If and Delaware
and Iluoson and Union Pacific if each.
Sales 528,000 Bhures.
For Hurtlei-lng Her Child.
New Bedford, Mass., October 10.—In
the district court to-day there was a hear
ing of the case of Mrs. Ella E. Mayliew, oi
Westport, charged with murdering her
child, born two years after her husband s
death. Judge Borden reserved his decis
ion until Tuesday. The principal points
of the testimony against the defendant
were that she had represented that the
child was still-born, while an autopsy made
by Dr. William II. Taylor, of New Bedford,
the county medical examiner, snowed
that all the babe’s organs were in a healthy
condition. The lungs had been fully inflat
ed, which, Dr. Taylor testified, was con
clusive on the point that the child had
breathed. Dr. William A. Gould, of West-
port, testified to the same effect. No mark
of injury- was found on the body. It was
thought strange that Mrs. Mayliew did
not send for any of her neighbors when
the child was born, but, instead, sent a
considerable distance for a nurse she had
engaged. The child was dead when the
nurse arrived.
Mrs. Mayhew testified in her own
behalf that she could not be
lieve the child was alive. The de
fense was managed by D. V. Sul
livan, of Fall River, who spoke with great
•everity of Deputy Sheriff Albert C. Kirby,
of Westport, characterizing his conduct as
an endeavor to make a great deal out ot
an affair of no consequence. Judge Borden,
although not satisfied to order the case to
the grand jury without further delibera
tion, commended the officer’s zeal. Kirby
•avs a witness who was sick, and could
not attend, will testify that Mrs. May hew
said before the child was born that no
body should see it alive.
Intyre was killed by a negro at night. John
D. Robinson, a,merchant of u.ioc'a Daville,
was the chief instrument in working up a
ease against Mottley's sup nosed murderers,
and a week ago ho received an anonymous
letter from a negro reminding him
of the death of Mottley, mid
McIntyre, and warning him to look out
for himself. Yesterday morning about 4
o’clock Robinson’s store was burned and
no doubt it was fired by an incendiary.
Circumstances point to n conspiracy on the
part of a band of negroes against the
whites, though the masses of whites and
blacks live on the most peacable terms.
State Senator VV. A. Brown, of Franklin,
Va., died yesterday, aged 05.
Tlir l,n*l of tlie Strike.
Chicago, October 18.— 1 There is no
change in the situation in the packing
house distiict this morning. The armed
MLS THE
General Gordon Requests that No Inau
gural Ball bo Given Him.
ficnorul Fit/. Loo Will Attorn! tlio Inaugural*
Liquor Uhii-s TiiMlni-i-f-An Ablei-ninn's Iiule*
cent AiilniudviTnioii* Upon itov. Mr. Loo—Tho
Toolinoioirioal School—Other Maliors.
Atlanta, Gu., October 18.—It will be
remembered that some time ago a resolu
tion was passed by the citv council of At
lanta referring to Mayor Hillyer a petition
introduced in that body asking the reduc
tion of tlie $.500 fines imposed by Recorder
guard now consists of 600 men. Armour Anderson upon violators of the prohibition
now has 800 men at work, and began j law. For several weeks too mayor has
slaughtering cattle this morning in a | had the matter before him, and his long
small way. But has not yet attempted to \ delay induced the belief that he would not
commence operations in, the pork packing j interfere with the recorder’ll judgment,
branch and does not expect to do so to- Instead of paying Lite fines, how-
dav.
The
great strike at the stock yards is
practically settled. Delegate Barry of the
Knights of Labor has just stated to a re
porter that he would have an interview
with the packers this afternoon, and that
he would then state that the men were
prepared to work ten hours a day as de
manded by the packers. He should he
said use every endeavor to have the pick
ers discharge all the non-union men they
have brought in, but he would
not keep tho men out, ' he
said even if the packers refused to grant
this. Armour & Co. said they would not
discharge any of the men they have
brought in, and that as far as they are
concerned they feel almost independent oi j that tb
the strikers. They killed 500 cattle yester- simply a
day with their now men, and expected to not, bo held liable for simply carying
kill(>00 to-day. the instructions of their employer.
Chicago, October 18.—The strike of tho
packing house workmen was formally
ended this afternoon. The strikers held a
mass meeting on the prairie about 3
o’clock at which between 12,000 and 14,000
were present. ’The proposition to return
o work on the ten hour plan was carried
almost unanimously and the strike was
declared at an end.
WHAT MEN WILL WEAR.
Seme I’tiiuts on I he Fashions in Miurritlue At
tire for tile \t inter.
Ne-.v York World.
As the opening of the winter season
draws near what is to be the latest style in
masculine apparel increases daily as a mat
ter of interest among all men who wish to
dress well and correctly, and to be thor
oughly up in the very latest tiling in the
matter of dress and etiquette. Each suc
ceeding season brings more or less changes
in these matters, sometimes comparatively
slight in themselves, and yet which in
volve an enormous amount of
worry, dis
cussion and, in the aggregate, expense.
A visit of inspection recently paid to the
leading tailors disclosed the fact that the
changes in men’s fashions tlii3 year will be
very few. -Mr. Andrew J. Cormiek says
that for dress 3uits fine diagonal cloths
will be used as last year. There is a
growing tendency to relieve the sombre-
ness of the dross suit by more or less
elaboration of the waistcoat. These will
be worn with the dress suit, embroidered
with fancy figures, in colors. Black and
white embroidered waistcoats have ta sen
very well also for evening wear. Larger
trousers will bo worn. They are now cut
20-inch knee and lS-inoh bottom. The
ever, tho defendants iii all
of tho eases tiled supersedeas bonds,
and appealed directly to the supreme
court. Last week the case of A. Bronck
came up in the supremo court and was
dismissed because of defects in the record.
The eases of Br*.nck, McMahon Sc Hollis
having been brought by same attorneys,
under same proceedings, were all with
drawn. Before amending their pleadings,
however, with a view' to bringing their
cases again before the court, the attorneys
determined to make an effort before Mayor
Hillyer for a reduction of the lines which
had been referred to him under resolution
of council. Mr. O'Neill, of counsel for
Messrs. Bronck, Hollis <& McMahon,argued
the two last named were acting
is clerks for the former and should
out
Hi?
argued that in any event the tines were
excessive and ought to be reduced.
Mayor Hillyer lias rendered a decision
reducing the fines of Messrs. McMahon
and Hollis to $50 each and Brouek’s from
$509 to $200. The other cases were all
before him under the resolution of council,
though not represented in Saturday's
argument by Mr O'Neill, and the mayor’s j,,
decision covered them nil, tho fines ofa fall j
Messrs. Warner and Schumann being
scaled to $259 each, and these of C. C.
Thorn, T. 0. Mayaou ami J. M. Mabra left
at $500 each. Tho first throe will ptiy
their .fines as reduced by the mayor, but ft
is said the others will abide the decree oi
the supreme court.
Preparing far (In- Salmis.
Atlanta, October 13.—The legislative
hall has been furnished with a new red
carpet, the swinging glass doors have been
overhauled,land to-day the representatives'
desks are being put down. There are 175
of them, and it is quite a job to arrange
them in order, and screw them to the
floor. Willi its bright carpet and new var
nish the old hall will look its best when
tbs new house assembles.
No Inaugural Dali.
Atlanta, Ga., October lfi.—By request
of General Gordon the banquet uud in
augural ball, for which such mammoth
preparations were on foot, have been
abandoned because of the death of his
brother. The military and civic display
attendant upon tne inauguration cere
monies will take place as a public matter,
against Which the general did not feel at
liberty to interpose his personal bereave
ment. Invitations have been issued to
the stale military. Many com
panies have already signified their
, intention to be present, and replies
tailless dress coat so much discussed was from others are being daily received. The
started by the tailors. Whatever popular- Stuart Horse Guards of Richmond will be
ity it gained last-summer will soon be for- ; present, t he guests of the Governor’s Horse
gotten. It is not adapted to winter use.
In business suits the tendency is towards
four-button cutaway frocks,single- breasted,
opening much lower than for many years
past. Whan admissible—that is, when the
cloth will permit—the edges are stitched.
For afternoon receptions and day wad
dings the old Prinee Alberts, or better,
frock coats, will be worn. With these
will go outline striped trouserings and
waistcoats of black, gray or blue.
Fall weight overcoats are made this year
of black and gray diagonals and meltons,
with welted seams and stitched edges, silk
facings to the extreme edge and a soft roll
collar, winter overcoats of fur beavers,
eleisons oursus, and metinae, single or
double-breasted sacks. Heavy weight
goods are popular. The nap of tho fur
beavers is quite short and the long-nap
goods of former seasons are not in favor.
These goods are piped with velvet, l'aoed
to the lapel, and have velvet collars.
Full dress shirts, says Mr. Budd, will j
have mostly three small studs, but some
swells claim that the very correct tiling
will be two studs. Tho single stud has
pretty well gone out. Dress suits will
have a single strip of French enbroidery
down the front, also white pea-ribbed ribs
running up and down and crossways.
Collars and cuffs will be attached.
Straight and standing collars, with a very
little space, will be worn, and square link
cuffs. The evening tie will be of white j
cambric or mull, one to one and om-
fViurth inches wide, and must not be
made up, but tied by oneself. Gloves
will be worn on all occasions.
Pearl, with broad black stitching on back,
will be correct for evening wear. For
day weddings, pearl gloves with stitched
back and tie of white ottoman silk tied in
four-in-hand knot, should be worn. Day
scarfs will be the four-in-hand and made-
up knots, either white or colored. Not
withstanding the efforts made to introduce l name
last season the once popular and always 1
convenient onera, they will not he worn
this winter;‘the high and inappropriate
silk hat being carried at opera and wher
ever possible in their place.
the streets.” Then Mr. Hattie, who had
been sitting nervously in' his chair, j
jumped up and called for a reconsidera
tion of the vole by which the sale of At-j
ta-nuulc beer was permitted. He line! ;
jiisl launched into a law discovery when j
Mayor Hillyer interrupted him with the I
Bt-dinunt that ii veto was on the table, i
“Ah!” said Mr. Beattie a sin- fell back into i
iii-i chair. The veto was read. It was a long \
nod dreary document written in Mayor
11 i I Iyer's most prosy style. Tho discussion
which followed became sensational, when |
Alderman Stockdell arose to a question of
privilege and denounced Rev. .1. W. Leu i
tor falsifying tlm truth, and styled him a I
political mountebank whoso ig-ht Imnniii- |
Ity within the folds of ecclesiastical gar
ments. The motion to disagree to the
mayor’s veto was negatived by a vote of 9
to ti, so that the beer cart must now come |
to a halt.
Tlir UiuMi fur Coroner.
Atlanta, October 18.—The office of
coroner seems to be quite a desirable prize
from the number of applicants In the field.
There are eight white candidates and one
negro, and it is suggested that the long di
vision of the white vote will render pos
sible the election of the latter should he
receive the solid negro vote. Before the
day of election arrives, however, there will
doubtless be a thining out, and the race
will be left to the probale winners. It is
now believed that the inside track is held
by Messrs. E. C. Brufiey and .). F. Barclay,
with the former selling as favorite. The
office pays about $59 a month, and requires
no special qualifications. This may ac
count for the rush of candidat es.
CANADIAN TORIES DEFEATED.
(Irrut Yx-biry fill- tin* Opposition in tlm Urovlm-e
of (Juiibi-i-.
Montreal, Quo., October 17.—The gov
ern incut. of Quebec was disastrously de
feated in the elections Saturday. The
tories in every part of t he province lost
seats that they had held secure lor many
years. More than twenty of such scats
have been captured by the opposition and
a very small minority has been transform
ed into a majority. The returns are not
el. but it is generally conceded that
Merrier, the leader of the opposition, will
have a nmjoi ity, flie government party
say of one or two, but Mr. Mercier believes
Guards, and General Fitz Hugh Lee, gov
ernor of Virginia, will honor the occasion
with his presence. Though the inaugural
ball cannot properly be had, it is probable _ _
that a ball will bo given at the Gate City j O’Neill it. is believedthat the general will
Guards armory to the visiting military as capture the convention, when it meets if
| his name is presented. The only thing to
| hinder it will be the consent of Congress-
th’at when the assembly meets he will have
a majority of t welve. The returns to-night
shovi 29 government and 360 opposition.
There arc six oouiitioB yot to hear from
and part of these returns are in a measure
.coni-, lend. The three labor candidates
in Montreal wore defeated. In this city
also t tie government lost three old leaders
am’, the attorney-general.
There arc intrigues on foot already on
the part of the government to purchase
some of the men returned to oppose them.
There is also talk of a judge being taken
from tlie bench and making him leader of
the tories a.id remodeling the government
so as to include some woalc-kneed opposi
tion members, but nothing is settled yet.
Uut!pr Huy Kim fur (Imiari-xft.
Boston, October 18.—Three different
conventions have been held in the fourth
congressional district to nominate a suc
cessor to Gen. P. A. Collins, who has de
clined to run again. After a hundred or
more ballots no choice has been made,
there being enough independents to pre
vent the nomination of either District At
torney Daeey or Joseph IT. O’Neill, the
leading candidates. To day a World cor
respondent asked Gen. Butler if he would
consent to run if nominated.
“Though I have said I was clean
out of uolitics,” replied tho
general, “I think I might run in that old
stronghold, for I know I have many iriends
there who would rally to my support and
give me a triumphant election. Yes, I
think I might consent. Considering the
hot fight, now waging between Daeoy and
an incident of the occasiou.
ml uf Walter (Ionian.
Atlanta, October 18.—'The re
Wakcr Gordon will reach Atlanta at noon
to-morrow, and the funeral procession will
proceed from tlie train to tlie First Baptist
church, of which Mr. Gordon was a mem
ber. The burial will taka place in Oakland
cemetery.
Aiwusta’n Firo Department.
Atlanta, October 18.—Chief Plat,l, of
the Augusta Fire Department, was in At
lanta to-day inspecting the Hook and Lad
der truck and other equipments of the de
partment here with a view to tho change
from a volunteer to a paid department,
which is contemplated in Augusta.
Atlanta Will Out II.
Atlanta, October 18.—The technologi
cal commission Will meet again in Atlanta
to-morrow to inspect ilie site offered here
aim lintilly decide tho location of tlie
school. The general impression hero is
that Atlauta will secure Inc school.
nlVilurutu Survivin'
man Collins to have his name used. The
of I fact that Butler does not live in the district
does not prevent him from running so
long us be lives in the state.
A Sbirtlliiir Resolution.
Richmond, Va., October 18.—At the
forenoon session of the general assembly
of the Knights of Labor to-day, Thomas
O’Reilly, of the telegraphers’district, of
fered tne following resolut on:
Resolved, That the organized power of |
the order of the Rights of Labor be di
rected in demanding at tho hands of con- >
press the passage of a measure recommend- i
ing the purchase, under right of eminent
domain,’ of the telegraph system of the ]
country: that it is the duty of all to assist, ;
in nominating and supporting with i
their votes only such candidates I
as will pledge their support to ■
such a measure, and that special instruc- I
tions be issued to the legislative commit
tees at Washington to agitate for such j
ownership and make government tele
graphy one of the burning questionsof the |
lay. In introducing the resolution,
Confederate Survivors’ Association. j day. , in introducing tlm resolution,
Atlanta, October 18.—The Confederate ! G’Rcilley called attention to the fact that
Survivors’ Association met to-nigiii: and i [he telegraph linesin every country except
adopted a handsome gold badge ana up- | the United States and Canada are owned
pointed a committee to confer with a mint - tin; government, and claimed _ that it
tion. Thi
gramme arranged by the joint legislative
committee, but it mu3t be on Saturday of
tlie first week if a day previous is not
ATI. ANT -V,
shaiv issued
day in referonc
oleomargarine, v
ber 1, under Uie
iinargiii-iiit- in Trouble.
October 18.—Collector Cren-
i iutr to his deputies to-
•once to levying the tax on
,, io, which will be doe Novcm-
Demli on tlie Deep. ber 1, under the recent congressional act.
Key West, Fia., October 18.—C.-ip-ain i utter is defined as “The food product
Zelulf, of the schooner Anna B. Iiutohin-| made exclusively from miik or cream, or
son, from Chagres for New York, reports botli, with or without salt or coloring
as follows: On the 4th inst. fifty miles | matter^’ and all artificial products manu-
south of Tortugus he picked up tne cap- j Pictured from oils, ials, etc., are subject to
tain, mate and four sailors oftfie Spanish ! taxation. Every manufacturer must pay
" ’ * ~ $500 tax from November 1 to April
pointed a committee to confer With a joint j »y l "< ; government, and claimed that it
committee of the house and senate on i was an absolute necessity here that the
preparations for the governor’s inaugura- i telegraph system should bu controlled by
- day has to be set and the p 1 m i„t.*.w.
ive I -
Tim City by tin- Si-a.
tuber 18.—There have
c-1". t, Friday morning.
■ an, though active in
io relief committee so
epairs on 84-1 houses of
unable to do any work
but the amount grant-
hided plastering. Four
:d by the committee,
lining tlie damages
bark Tresauroras from Barcelona for Ha
vana, wine laden, drifting on a part of the
cabin house. The bark was sunk on Octo
ber 10 and seven men are supposed to
have gone down with her. Those that
were rescued by the Hutchinson were in a
critical condition when picked up, having
been without food or water for four days.
Tim President's Trip.
Washington. October 18.— 1 The presi
dent, accompanied by several members of
his cabinet, will attend the state agricul
tural fair at Richmond, Va., on Thursday
next. The party will leave Washington
early in the morning of that day and re
turn the same night. The trip will bo
made on a fast special truin with as few
stops as possible so as to give the party
ample time to visit the fair grounds. On
.... ivy..a i.,., president
30, besides two cents per pound
all stuff manufactured. Every wholesale
dealer must pay a $240 tax and every retail
dealer $24. One wbo sells or offers for sale
oleomargarine without having it in news
paper and wooden boxes plainly labelled
as prescribed by law is subject to a line of
from $500 to $2000, in ease he is a whole
sale offender, and from $-50 to $100 if a re
tailer.
No 51 ore Beer.
Atlanta, October 18.—An interested
crowd gathered in the council chamber
this afternoon. The occasion was the ex
pected re opening of the. prohibiton ques
tion. A committee of ladies was present,
the members of which asked the privil
who
Charlest
been no
The city js
business ci .-c
far has
person. 1
without assist nice,
ed in every case exi
contractors, engag
are at work exa/
property concerning which applications
for assistance have been made. The com
mittee acts promptly on every report
made. The committee on immediate re
lief which grants small sums of money,
and deals exclusively with injury to per
sona! property, have acted upon 800 cases,
and all tnis is outside of the work of sub
sisting the poor by furnishing rations.
the following Wednesday the pres
and his cabinet will go to New York to at- _
tend the inaugural ceremonies of the Bar- ; j c ;- nC [ of employment bureau and a foundling
Di*n>.tor* at Sea.
London, October 18.—The quantity of
wreckage washed ashore near Appledore,
marked “Castleton” and other names on
wreckage, indicate that more than one
steamer has been lost in that locality.
During the storm the bark Byron, from
Hamburg for Wilmington, took shelter at
Portland, having lost her rudder and sus
tained other damage. Eleven persons
were lost from tho Norwegian bark Fred-
erkslad, from Musquash, N. B., for Swan
sea, which was wrecked offPadstow. The
^ Norwegian bark Valborg, from Savannah
of being heard. The first was Mrs. Abbott, j September 10 for Hamburg, is anchored in
who spoke for the Women’s Christian I Dial Dorons. The muster and most of the
Association. Bhe wanted $50 a mouth for a | crew are sick.
tholdi statue.
Two Mysterious fllurilcrs.
Danville, Va., October 18.—Some time
a Lucius Mottley’s body was found at the
it of a precipice in north Danville,
-ong evidence was collected pointing to
irdar. Not long afterward Joliu J. Mo-
A Cincinnati FI
j hospital. Tier remarks were delivered ii,
I a well modulated voice and made i
I pleasant Impression. Then Mrs. llurpe
The Scarlet Woman.
Macon, Ga,, October IS.—Pat Erskine,
ho was stabbed in the back in a bagnio
His Nephews Have at Last Determined
On the Desperate Attempt.
They lliivo licitui Opinions that tIn- Ucshluivry
t'iniiM-is linallil—II is lli-lil 11mI lit- Trustees
Cannot he Kmpowercil to Nano- a Lejuitee, as
Ai-i-orillnir to the Lawyer*, the Will Provide*.
No Opposition, However, to hi- Jluile to the
Probate.
New Lebanon, October Kl.— 1 The will
of Samuel J. Tilden, if present intentions
are carried out, is to be contested. There
have bet-n rumors to this effect in circula
tion almost ever since the contents of the
will were first- made public, but nothing
definite could be learned on the subject.
Now, however, a World reporter Heiit hero
to investigate these rumors is able to an
nounce not only that a contest will be
made, but nlso how it will be made
and on what grounds. George II.
and Samuel J. Tilden, the sons of Henry
A. Tilden and nephews of tho testator, are
to bo the contestants, and it is said by
some persons, though denied by A. 11.
Farrar, the vice-president and attorney for
the bank, that tho National Bank of Kin-
derhook, N. Y., will be n party to Uie con
test.
Sinco tlie will was read to the members
of the testatoi-’s.fainlly at Greystono on the
morning of Monday, August 9 last, the
Messrs Tilden have boon quietly obtaining
legal opinions as to the validity of tho
document, and they now have the views
on that subject of some of the most emi
nent lawyers iti New York city and state,
among whom arc I lenry L. Clinton and
Aaron J. Vmulcrpoel. Mr. (Ji ill ton, it is
understood, has given an unequivocal
opinion in writing that the will can be
broken, and lie and Mr. Vunderpoel are
mentioned as tho counsel retained by tho
Tildmis to make the attempt to break it.
Tlie will is to be contested, not on the
ground of incapacity, but. on the ground of
con aruction, and for Unit re.mu nno objec
tion will bo made to the probate of the in
strument. when it Is offered for that pur
pose on Wednesday morning next to the
surrogate of Westchester county at White
Plains. A notice of intention to contest a
will on the ground of incapacity must be
given before the will is admitted to pro
bate, Imt notice of contest on tho ground
of construction may be given at. any time
within a year after admission, 'i'he Messrs.
Tilden have been advised that there would
he no avail in attempting to contest the
will on the ground of incapacity. There
would be forthcoming, they were advised,
abundant and overwhelming proofs of the
governor’s mental clearness aud vigor and
ent.iro capacity to make a will.
They were ad.-istd, however, at
tlie same time, that the will
was assailable on its construction, und that
in that respect it is really a weak instru
ment. When a will is attacked on its eon
struetio.-i, the court is asked first to con
strue the moaning of i.s provisions, and
then to decide wli.-t’.i ■ , according to its
meaning no determined, St i; u legal docu
ment. Mr. Tilden’s will is to be attacked
on the residuary clause, which empower*
the trustees t-u apply tj the legislature for
an act to incorporate a body to be called
tlie Tilden trust, anil which, when incor
porated is to become tlie residuary legatee.
The lawyers consulted in the matter agree
that this is equivalent to bequeathing to
tho trustees under the will the power to
name the legatee of the testator, while
they declare that under tho recent decis
ions of the courts of last resort ill this
country lliat is precisely what a testator
cannot do. A testator, they say, can
designate Qio pers n or persons
to whom he would leave the
money, but lie cannot empower
other persons to designate those pcrsuiis
for him. Under the English law, which
they believe the governor had chiefly in
mind when he made his will, the instru
ment would bn valid, but urul r the decis
ions of the courts in this country, rendered
mainly during the last three years, it can
not be maintained. It is suggested that
the governor during the last three or four
years of his life neglected to read the de
cisions governing bequests, and thus over
looked the essential princip e the violation
of which invalidates the doettm lit.
In view of the importance thus assumed
by the residuary clause it will bear reprint
ing in its entirety. It i.s the hirt.v-lifth
clause of liic Will mid it may be noted that,
tbe thirty-third and thirty-fourth cl-uvas,
which direct the cstabiisiiuien: of libraries
lit Yonkers mid New Lebanon, have i.iic
same defect, if it really be a defect. Here
is the clause:
i request my said executors and trir toes
to obtain as speedily as possible from the
legislature an act of incorporation oi an
institution to be known tin the Tilden
Trust, with capacity to establish and main
tain a free library and reading room in the
city of Netv York, and to promote such
scientific and educational objects as my
said executors and trustees may more par
ticularly designate. Such corporai; m shall
have not less than five trustees, with pmv
cr to fill vacancies in their number, and in
case said institution shall bo incorporated
in a form and manner satisfactory to my
said executors and trustees during the
life! inn - of the survivor of tho two lives in
being, upon which the trust of my general
estate herein created is limited to-
wit, the lives of Ruby S. Tilden
and ,Susie Whittlesey, I hereby
authorize my said executors and
trustees to organize tho said corporation,
designate the first trustees thereof, and to
convey to or apply to the uic of the same
the rest, residue and remainder of all iny
real and personal estate not specifically
disposed of by this instrument, or so much
.thereof as they may deem expedient, but
subject, nevertheless, to the special trusts
herein directed to he constituted for pur
liculur persons, and to the obligations to
make and keep good the said special trusts,
provided that the said corpor ition shall lie
authorized by law to assume sued obliga
tion. But in ease such institution shall not
be so incorporated during the lifetime of
the survivors of the said Ruby S. Tilden
and Susie Whittlossey, or it’ lor any
cause or reason my said exec
utors shall deem it inexpedient to
convey said rest, residue and remainder or
anv part thereof, or to apply the same or
any part thereof to the said institution, I
authorize my said executors and trustees
to apply the rest, residue and remainder of
my property, real and personal, after
making good the special trusts herein di
rected to be constituted, or such portion
thereof as they may not deem it expedient
to apply to its use to such charitable, edu
cational and scienliflc purposes, as in the
judgment of my said executors and trus
tees will render tho said rest, residue and
remainder of my property most widely
and substantially beneficial to the interests
of mankind.
This clause has already given rise to
much comment ou account of the wide
discretionary powers it gives to the trus
tees. Tlie other view that it is invalid be
cause it practically empowers the trustees
to determine how the estate shall be dis
posed oflins attracted less attention. This
point is made much of by the counsel con
sulted by tlie Messrs. Tilden.
The Messrs. Tilden, as may he supposed,
’RICE FIVE CENTS
will not talk about the matter for publica
tion, but they have conversed with and
shown a letter from counsel to several
-rsous from whom your correspondent
is derived his knowledge of its contents.
Mr. Andrew II. Greert, the only one of
the Tilden trustees in town yesterday, was
asked for his opinion concerning the
points alleged for contesting the will, but
declined to speak at.nll touching the matter.
It will be remembered that the will pro
vided that any of the legatees who may
contest the will, shall be deprived of all
benefits under it. The nephews were each
left the income of $75,000, besides being
held quit of large advances made them by
Mr. Tlldeu during Ills lifetime.
Cliurrliiiien In Council.
Marion, O., October 18.—At the general
conference of tho Free Baptists to-day, af
ter the reading of the roll, the Mississippi
Free Will Bapt ist Association requested ad
mittance into tho general conference, and
the recommendation by the committee
was received, a congratulatory telegram
was read from the National GVmgrgutional
convention being held at Chicugo. It was
forwarded by the congregation of Hins
dale college. The report from the com
mittee oil church doctrines was
rend. The report endorsed strong
ly the position of the Free
Baptists us being immersionlsts and recog
nized the great distinction between tho
spiritual church, which is composed of all
Christians, and organizations of Christians
ns denominations of local churches. The
report met with a hearty approval. A
paper was read by Rev. R. J. Posten, of
Ohio, setting forth the value of the Bub-
bath to the working classes. An interest
ing address was given by H. A. Clark, of
Rhode Island, on “the model Bunday
school.”
Aiiu-h' I’rm-hiiiiiitioit.
Minneopolis, Minn., October 18.—The
switchmen arc quiet., although firm, and
(he railroads show no signs of yielding. At
the Milwaukee yards, so far as moving
freight is concerned, the strike has prac
tically ended. Mayor Ames in his second
proclamation says, after referring to tiio
failure to bring about an arbitration: “l
(to now declare that irrespective
of all said variance, said traffic must be re
sumed I further command that all per
sons abstain from acts of violence or inter
ference with the lawful movements of
trains, mid I warn all persons that, any one
found so committing acts of violence to
persons or property, or interfering with
lailroad traffic, will be promptly arrested
and dealt with according to law.”
Preventing the Fever.
Mobile, Ala., October 18.—A special to
the Register from Biloxi says: “There
have been a number of cases of fever,
mostly of a very mild sort, during the last
seven or eight weeks, and since the 27th
of August there have been eighteen deaths
from all causes, not more than thirteen of
which arc attributable to fever, and these
chiefly children. At present there are not
exceeding twenty-five eases under treat
ment, all reported doing well, and uo
new case Since Saturday. An investigation
hv the Mississippi board of health and the
Ifarrlson county board is in progress there.
Mobile p! iced iimpaction officers on trains
to d-iv forbid ling persons Irom Harrison
county ’r J n stopping in Mobile. A strict
i I-:).:- 1 ’:-1 i ■ -,vns decided upon by the board
■ .if ii., fit,i to-night, and the proclamation
| will bj issued to-morrow morning.
iviicn Dort/ir* DIffi-r, I1U-.
i Chicago, October 18.—In the debate in
1 iho Episcopal convention this afternoon on
the judioiiil system of the church, the two
I sit parties in the convention stood ai-
j rayed .opr rate urn! dis inet. i’he doctrine
j -if slate sovereignty was never more ably
championed in ante-bellum days than it
j was by able advocates ou the floor of
I l-he house. Rev. It. C. Foute, of Cali-
1 luiniu, thought it incomprehensible that
] .any one should believe the present system
i was sufficiently sound. He strongly favor-
I ;• I establishing a court. Mr. Burgyn, of
North Carolina, opposed the proposition,
j They were followed by a great number of
! other speakers, Rev. Dr. Hopkins, of
Pennsylvania, being the last speaker ad-
j vomiting a emu l, and Judge Bheffly, of Vir*
| g'mia, pleading against it.
Tlie ItiiUroni! CUR hits Win Rlmat.
I Minneapolis, Minn.. October IS.— 1 The
I striking switchmen show no disposition to
! do violence this morning, but seem to be
awaiting the action of the railroad officials.
| Trains on one or two Kne3 are moving
| without troll bio; others are idle. Large
l Duces of special policemen are being
j sworn in, and the Northern Pacific and
; Manitoba railroad are arming liiurnew
employes with rifles, and express a de
termination to move trains at all hazards.
As soon ns these preparations are com
pleted an effort to move trains will be
made.
Ml.
Berlin, October 18.—A more hopeful
peace feeling prevails in official circles.
There was an animated buying in the
bourse to day, ami a reaction in favor of
Russian securities. Tho North German
Gazette lias a bitter article assailing Prince
Alexander as the cause of the present- Eu
ropean crisis. The Gazette says that Al
exander during his reign ignored his
treaties, forgot the Russian origin of his
position, and was faithless to his relations
to the czar’s family, and that his return bo
Bulgaria is impossible.
A Sii|i»rlnU-iKlent Killed.
Baltimore. October 18.—Edward Her
bert, superintendent of the West Virginia
Central railroad, fell through a hole in one
of the Baltimore and Ohio coal piers short
ly after dark to-night and was instautly
killed. He was looking for a car, and, in
I he darkness, made a misstep, falling about
30 feet. Deceased was 65 years of age. He
leaves a family.
Nainbiiiti-4 I'm- Fan errs*.
Kingston, N. Y., October 18.—The re
publicans of the 17t h congressional district
to day nominated T. T. Hopkins for con
gress. The democrats of the 16th district
to-day nominated Leonard D. Tackett, of
Poughkeepsie, for congress.
Sweet filin'* Charity.
Dublin, October 18.—Miss Mary Ander
son h is subscribed $2500 for the benefit of
the .sufferers by the Charleston earthquake.
’The sum represents the net proceeds of
her performances during the past week for
the benefit of the sufferers.
The Country In Safe at Last.
Washington, October 18. — Robert
Walker, of Norfolk, Va., and James Alfred
Jones, of Richmond, Va., were admitted
to praelice in the supreme court of t.he
Uuited States to-day.
Thu French Spoliation Claim*.
Washington, October 18.—The court of
claims will meet next Monday aud begin
the trial of the French spoliation claim
cases. There are already 34:2 of these cases
ou docket for immediate trial.
ColluiHu or a Tobacco Factory.
Louisville, Ky., October 18.—'
Rudolph Finzcr Tobacco Manufuctui
Company asfigued to-day. Liabilities j
000, assets $40,000,
