The morning news. (Savannah, Ga.) 1887-1900, October 22, 1887, Image 1

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I ESTABLISHED 1850. | ] j. 11. ESTILL, Editor and Proprietor | PRYOR MAKES HIS PLEA. JUSTICE HARLAN BOUND TO RUSH THE CASE THROUGH. The Counsel for the Anarchists Di rected to Have Certain Parts of the Record Ready for Examination this Morning'- A Large Crowd in the Court Room. Washington, Oct. -1. —Long before 10:30 o’clock this morning, which was the hour for the hearing of the application for a writ of error in the Chicago Anarchist cases, the conference room of the United States Su preme Court in tho basement of tho capitol was uncomfortably crowded with lawyers and newspaper men who were waiting to hear the proceedings. John Randolph Tucker, Gen. Pryor, Gen. B. F. Butler, ('apt. Blake and all the other counsel for the condemned prisoners were present and in whispered consultation, but at 10:30 o’clock neither Justice Harlan nor the record in the cases had arrived. Five minutes later, however, two men came in carrying with difficulty a large blue tin-covered trunk, corded with half inch rope, which contained the voluminous record ami under the weight of which the bearers visibly staggered. At 11:40 o'clock Justice Harlan entered the conference room, and after greeting the counsel and directing that all or the news paper men be allowed to come in and take such places as best suited their convenience, he seated himself at his desk and called for attention. OPENING THE PROCEEDINGS. As soon as the room had become quiet Justice Harlan, without waiting for any formal motion or application from the pris oners’ counsel, said with slow deliberation: “This is an application for a writ of error to bring up for review by the Supreme Court of the United States the judgment of the Supreme Court of the State of Illi nois, involving the liberty of one of the petitioners and the lives of the others. The time fixed for executing the sentence of death is, I am informed, Nov. 11. Under the circumstances it is my duty to facilitate an early decision of an}’ ques ion in the case of which the Su preme Court of the United States may properly take cognizance. If I should allow a writ of error it is quite certain that the counsel would have to repeat before t hat court the argument which they pro pose now to make before me. On the other hand, if I should refuse the writ the defend ants would be at liberty to renew their ap plication before auy other Justice of the Supreme Court, and as human life and liberty are involved that Justice might feel obliged, notwithstanding the previous re fusal of the writ, to look into the case and determine for himself whether a writ of error should be allowed. If he also refused t.ha defendants could take their papers to some other mem ber of the court, and so on until each Justice had been applied to, or until such Justice granted the writ. In this way it is manifest that delays might occur that would be very embarrassing in view of the short time intervening between this day and the date fixed for carrying into effect the judgment of the State court. As the ease is one of very serious character in whatever aspect it may be re garded I deem it proper to make the order which I now do that the counsel present this application to the court in open session to the end that early and final action may be had upon the question whether that court has jurisdiction to re view the judgment in this case. There is no reason why it may not be presented to the court at its session to-day. The coun sel may state that the application is made to the court pursuant to my decision. I’RYOR MAKES T-HE APPLICATION. When the Unitecl States Supreme Court re - assembled to-day, ten minutes after the usual hour, the court room was crowded with people waiting anxiously to Invar the peti tion fora writ of error in the cases of tho Chicago Anarchists, which it was known would bo made to tho full court in compli ance with Justice Harlan's order. As soon as the candidates for admission to the bar had been disposed of Gen. Pryor, of the counsel of the condemned Anarchists, rose and ad dressed the court in support of the petition for a writ of error. After reciting brifly the history of the case, and stating that ■even of the prisoners were now under sen tence of death, Mr. Pryor said he would call the attention of the court to only two points which he relied upon to show that ihe cose at the bar presented Federal ques i ions, and that such questions empowered this court to take jurisdiction of it and to grant the writ of error prayed for. The first, of these points related, he said, to the jury by which the prisoners were tried, The Legislature of the State of Illinois passed in March, 1874 — that is, after the adoption of the fourteenth ■amendment, to the constitution—a law to regulate ami govern the inipanelment of juries in the State courts. By virtue of that law the jury for the trial of a criminal case might be made up, in part at least, of units who bad formed an opinion with re gard to the guilt or innocence of persons accused, jurors who were partial and even prejudiced men. The law made it possible to put into the jury box men who had termed an opinion as to a prisoner’s guilt, which could not be removed except by strong evidence. DONE IN THIS CASE. This he believed had been done in t he ease tinder consideration. Gen. Pryor then read extracts from the record to show that among the talismen in the Trial Court 1 here were men who admitted t hat they had read newspapers and formed an opinion with regard to the case and were therefore partial. He said it abundantly appeared in the record that at. least two of the jurors whoi actually sat in the trial were persons having prepossessions and prejudices of the character described. Thus by the action of ’he lower court, he said, the Illinois statute "ad lieen made to deprive the accused of the right of trial by an impartial jury, had abridged their privileges us citizens of the 1 ailed States, and was about to deprive blent of life, etc., without due process of law. The Chief Justice remarked that the only uuestion for the court was whether the statute was constitutional. If the court erred in its administration of the statute that was a question for ttie State's courts. PRYOR’S SECOND POINT. Gen. Pryor’s second point was that the petitioners had lieen compelled in the Trial Gourt to lie witnesses against themselves. Bome of them were on the stand and in -pite of the protests of their counsel they " ere contprlled to submit to an unrestrained cross-examination and to criminate them selves. Compelling a man to testify against himself is not due process of law. Further more, after their arrest the police, without any process of law, broke open tbeir private desks and extracted from them rilers and other criminating evi enco and these letters, gotten without tvs ' ,r<, cess of law, were used against them. ■ ben objection was raised it was overruled, mid nn exception was taken. In conclu '"W1 t Gen. Pryor said that, it was not neces sary to refer specifically to the fifth antend or fourteenth amendment, or any ether particular amendment ns violated bv Motnim Ifoto#* the Illinois statute and the proceedings in the State courts. He would simply say broadly that these were questions raised un der the Federal Con titutiou, “andnowyour honors,” he said, “we submit to you on these questions that there is a Federal question raised which entitled the petitioners to the writ of error prayed for.” On the conclusion of Mr, Pryor’s speech the chief justices held a brief whispered consultation with several of the associate justices, and then said: "Mr. Pryor, you may have printed, at once, if possible, the parts of the record which raises these ques tions, and hand them to us this afternoon or early to-morrow morning, and on Monday we will indicate what is further necessary to be done.” Gen. Pryor bowed, and all the counsel for the Anarchists and most of the large audi ence which l ad assembled streamed out of the court room into the corridor, discussing the proceedings and the chances of the con demned prisoners for a hearing before this court. BUT LITTLE HOPE FOR THEM. It is the opinion of the most of the law yers who were in the Supreme Court room U)-day when tho court was listening to Gen. Roger A. Pryor’s presentation of the Anar chists application for a writ, of error that the court will deny the application on Mon. day. This opinion is based on their inferences from the inter ruptions made by Chief Justice Waite and Associate Justice Miller, both on account of the questions asked and the man ner of asking them. It is certain that the action of Justice Harlan in referring the counsel at once to the full bench, which showed that any purpose they may hnve had to go front one member of the court to another with the same application was taken by general agreement of the judges. It is equally certain that the question asked by the Chief Justice indicate an appreciation of the weakness of the case. EXCITEMENT AT CHICAGO. Chicago, Oct. 31. —There was a good deal of excitement in the vicinity of the county jail about 7 o’clock last night, when thirty policemen marched into the main en trance of the Criminal Court building, fol lowed five minutes later by a detachment of eighteen more. It was not until nearly 11 o’clock that the secret underlying these strange movements of the police came out, and then it was learned that nearly two thirds of the force was being held in reserve at the principal stations. The police learned yesterday, through the secret service of the department, that trouble was liable to coine out at the massmeeting at Battery D., and that if there was a collision between the Reds and police, the former might attempt an assault on the jail. There was nothing tangible in the story, for there was no regular nlan, so far as the secret service officers were able to ascertain, but only a sort of tacit understanding among the disciples of the condemned seven. When the news was communicated to Chief Ebcr son he notified the Mayor, who in turn notified Sheriff Matson, and a council of war was held in the Mayor’s office, yester day afternoon. ON THE SAFE SIDE. It was decided that it would be good policy to take every precaution necessary for any emergency that might arise. The crowd at Battery D was a restless one. This was apparent to any observer, and though 50 per cent, of the crowd could not understand English, it was a noticeable fact that the English speeches were more loudly applauded than the German. There was a heavy detail of police present which was constantly augmented as the night wore on. The officers were massed against the west wall in a long platoon with Capt. Cuckney, Lieut. Laughtin and Sergt. Gibbons at their head. Chief of Police Eberson was also present in citizen’s dress. He mingled with the Anarchists and was not seen with his subordinates. The force of detectives was also surprisingly large. While the men were willing to make public their presence, it was apparent that each had been detailed to watch the Anarchists very closely. A sensational ’ tip” was out, but its real nature can only be conjectured. As further proof that the police were yesterday in pos session of some information, it may be stated that the guard about the jail last, night was doubled. All night four big officers stood at the Illinois street corner of the gloomy bastile, while grouped in the court and along the Dearborn and Michigan street fronts were at least a dozen more guarrts. Several detectives were stationed in various parts of the building, aud the pedestrian who stopped to loiter in the doep shadows cast by the grim wall was quickly overhauled Bud scanned. A UNION TICKET. Tammany and the County Democracy Will Carry New York. New York, Oct. 31. —The full conference committees of Tammany Hall and the County Democracy to-night nominated the following Union-Democratic ticket: For Justices of the Supreme Ceurt— Morgan J. O’Brien and A. R. Lawrence. For Judges of the City Court—H. T. McGowan and W. F. Litsche. For District Attorney—C'ol. John R. Fel lows For President of the Board of Aldermen, George W. Forster. For Coroner, Dr. 51. J. B. Bessemer. For Judge of the General Sessions, Ran dolph B. Martine. For Surrogate, Rastus Ransom. For Comptroller, Theodore W. Myers. TIIE PROGRESSIVE LABOR PARTY. The Progressive Labor party to-night nominated for District Attorney E. W. Stiering. This is the only county nomina tion the party will make. WITHDRAWS FROM A TICKET. Columbus, 0., Oct. 31.—Edward Clark, candidate for member of the State Board of Public Works on the Democratic ticket., to-day withdrew. He stated that an attack had been made upon his character, based on false charges discovered by a court a quarter of a century ago, and he feels that lie ought uot to place the committee in the liosition of defending its action in placing litu on the ticket. Imputations Bring Blows. Washington, Oct. 31.—William F. Mc- Dennon, chief of the warrant division of the Treat y Department, had a personal encounter m tho entrance to Secretary Fair child’s office this afternoon with Jerome F. Mantling, a claim lawyer, growing out of an intimation by the latter that Mr. Me lennon received bribes. Mr. McLennon struck lawyer Manning several blows in the face, and the latter took refuge in Sec retary Fairchild’s room. Pacific Railway Affairs. Washington, Oct. 31. —The Pacific Rail way Commissioners are expected here next week to confer with the President before preparing their report on their investiga tions just closed. They will probably bring it summary of their conclusions with them for submission to the President. Bartley Campbell Recovering. New York, Oct. 21.—Word rcaehed this city to-day that Dr. Taleott, of the Middle town Insane Asylum, has announced that Bartley Campbell, the playwright, Is rapidly recovering his health, and that he will be able “to eat his Christmas dinner at home.” SAVANNAH, GA., SATURDAY, OCTOBER 22, 1887. CLEVELA ND’S RAPID TRIP. HIS PARTY SPENDS AN HOUR RID ING ABOUT ASHEVILLE. One Thousand Hardy Mountaineers Greet Him on Horseback in their Working Clothes A Galloping Caval cade Accompanies the Carriages on the Drive Flight of the Train. Asheville, N. C., Oct. 31.—The Presi dential party reached here at 10:15 o’clock this morning. They were met by the entire population, ahd escorted through the city in carriages. They remained half an hour. This morning’s run of the President's special train, between sunrise and late breakfast, took in the ascent of the great smoky spur of the Alleghanies, the line lying for fifty miles or more beside the French Broad river. Not all the tourists were up and the laggards missed the panorama, whose varied charms are nowhere sur passed. At Hot Springs Senators Ransom and Vance and Congressman Henderson boarded the train and accompanied the President to Asheville. About 8 o'clock the watches of the party, which were set back three weeks ago at Pittsburg, were ad vanced from Central to Eastern time. AN HOUR AT ASHEVILLE. Old Fort, N. C., Oct. 21.— The stop at Asheville. N. C M was scheduled for only fifteen minutes, but it lasted an hour. The municipal authorities and a host of citizens welcomed the President at the station, and escorted him and his companions to car riages, and took them through the town. The way for half a mile was up a steep hill and it struck the guests as an oddity that their conduc tors, in calling attention to the natural beauty of the situation, should refer to the locality as a valley. Therefore North Caro lina was better understood when the summit was reached from which on all sides could be seen from ten to fifty miles distant the tops of the Blue Ridge,’ Balsam range, the Smokers and Black mountains, hemming in a fertile regie®, whose knolls, from 500 to 800 feet, were dwarfed to pigmies in comparison. The party's most active escort was a score of ladies and gentlemen on horseback who led the way up aud down the steep mountain roads in a gallop. A feature of the reception was the line formed by 1,000 mounted mountaineers and country people, clad in their every-day habits, but with their bridles bedecked with little flags and their equipages trimmed with ever greens. From Asheville eastward the rail way kept close company with the Swannoa. The mountain scenery was no less grand than tliat of the earlier morning. A few minutes after noon the train shot through the tunnel under the uppermost crest of the Alleghanies and began its descent of the Atlantic slope. RUNNING DOWN THE MOUNTAIN. Morganton, N. C., Oct. 31.—During the descent of the mountain along the banns of Mill creek, the headwaters of Catawba, the entire party, including the wife and daughter of Senator Ransom, who came on at Asheville, assembled in the observatory, the President aud Mrs. Cleveland standing most of the way on the platform. Maj. Mcßee, the railroad superintendent, called attention to the points of interest, a dozen of which were in sight at one time. The remarks of the least poetic of the tourists were broken and ejaculatory, while the artist became also incoherent and wanted to get off. CHEERING MRS. CLEVELAND. Tecumseh, Ala., Oct. 21. —At Calera, a junction point in Alabama, where the train stopped to change engines, 3,000 or 4,000 persons were assembled, and among them 500 workmen from Birmingham, who had come on a special train with their cars gayly decorated. Here three cheers were given for Sirs. Cleveland and the President. Mrs. Cleveland remarked notto voce: "They have got the wrong end first.” But the President thought the people knew what they were about, WHIZZING PAST LYNCHBURG. Lynchburg, Va., Oct. 31.—The Presi dential special train passed here at 11 o’clock without stopping. KILLED IN A COLLISION. Two Men Meet Instant Death on the Rails in Tennessee. Chattanooga, Tenn., Oct. 21. —A colli sion on the Nashville, Chattanooga and St. Louis railroad, between two freight trains this morning at 1 o’clock resulted in the instant death of A. W. Wallace and an unknown man, besides injuring three other persons on one of these trains. One of the collid ing trains belonged to the Memphis and Charleston road, which uses the track of the Nashville road to this city. The road was blocked for fifteen hours. THE ST. ALBANS CRASH. Charleston. W. Va., Oct. 21.—Those persons who were most seriously injured in the railroad accident at St. A (bans yester dav are yet unable to continue their jour ney. The parties who are worst hurt are: Mrs. C. Millar, of New York city, and her husband, who sustained painful bruises, while their little child suffers with a con tused head. The family were en route to New Orleans. C B. Slatonstill, of Independence, Mo., suffered an incised orbital wound, had his side injured, and also his left hand. W. F. Hitchcock, of Springfield, Mass., had his right clavicle broken. He was en route for Kansas, returning from a visit to his parents. Mrs. Frienberg and child, of New York city, who was en route to join her husband at Chattanooga, suffered with concussion of the brain. W. M r . Simmons, of New York city, had his arm and collar bone broken. Mrs. Millar seems to have received the most dangerous injuries, she being enciente. There were about 150 passengers on the train, which consisted of a haggage and ex press cars and four coaches, and out of the number on tho train there were twenty-one persons injured, all of whom except seven went on their journey carrying with them minor scratches aud bruises. The railroad people are very reticent about the affair, notwithstanding that the company is not to blame for the accident. The Inter-Provincial Conference. Quebec, Oct. 21.—The Inter-provincial Conference held a two hours session to-day. The members would not talk about the meeting, saying it had been decided to keep the proceedings secret: but it has been learned that Premier Norquav, of Mani toba, protested against the Federal Gov ernment's disallowance of the Red River railway bill, and that his protest received the universal indorsement of the conference. Prayer Meeting’s, Louisville, Oct. 21.—At the final session of tho Protestant Episcopal Church Cou gress this morning tho tdWc, “Prayer Meet ings,” was discussed. The delegates who took fiart wore as follows: Rev. Walter Baker, of Covington, Ky.; Revs. E. L. Stoddard, of Jersey City; Rev. Oluzebrook, of Klizaliel.h. X. J"; ltev. Maturin, of Phila delphia; Rev. Wilson, of New York city, ana Rev. ftilev, of Neshotsti. Win. BELIEVERS IN RIVER ROUTES. Col. W. C. Percy, of Mississippi, Makes the Speech of the Day. Memphis, Tens., Oct. 21.—The Western Waterways Convention assembled this morning at 9:30 o’clock and was called to order by Judge Clapp, after which ex-Oov. E. O. Stanard, of Missouri, the permanent chairman, was installed and made an able speech. Pending the retirement of the Committee on Resolutions, the convention was entertained by speeches from Judge R. S. Taylor, of Indiana, a member of the river Commission: Judge Prendergast, of Chicago; Hon. E. C. Hooker, of Missis sippi; Hon. John Baker, of Illinois, and Col. W. A. Percy, of Mississippi. The last named gentleman made the speech of the day and occupied two hours in its delivery, during which the attention of the conven tion never flagged. RIVER AND HARBOR BILLS. It was a powerful presentation of the merits of the river and harbor bills, and the Speaker urged the convention to stand by that method of legislation at all hazards, and not to consent to disassociate the Mis sissippi river and other great streams from the smaller channels of commerce. He in sisted that the attempt to make a separate measure of the Mississippi river improve ments would result in a dismal failure. His remarks seemed to echo the sentiment of the convention and will doubtless be re flected in the report of the committee on resolutions, of which he is a member. Resolutions of regret at the sudden death of President H. A. Montgomery of the Mem phis Jockey Club were adopted by a rising vote. THE RESOLUTIONS. In the afternoon the Committee on Reso lutions repoi-ted. The salient i>oints of the resolutions are as follows: The declarations of the previous river improvement conven tion are confirmed. The failure of the ap propriation to continue the improvement of our Western waterways is recalled with re gret and meets with the disapproval of this convention. Congress is invoked to regard the interests of the people of the great Mississippi valley and Northwest in this matter, and it is demanded that appropriations be made suffi cient to prosecute intelligently and suc cessfully the work of river improvement in the interest of our commerce. The lighthouse and snag and dredge boat services are asked to be extended. It is provided that a commit ee consisting of one delegate at large from each State, and one from oach Congressional district represented in the convention be appointed by each State delegation present, who shall be charged with the duty of preparing as soon as practicable a memorial to the Congress of the United States in behalf of the dele gates comprising the convention and the people whom they represent in support of and in accordance with the foregoing reso lution. The committee is authorized to take such measures as may be necessary to procure due Congressional consideration of the resolutions. The Mississippi and Missouri river Commissions are approved, as are the Hennepin canal project and the opening of Bayou Plaquemine, Louisiana, by locks The method of embodying all appropriations for the improvement of rivers and harbors in one bill is commended as a wise and proper method of dealing with practical legislation, and securing a fail distribution of the people’s money for the lieneiit of the whole jxsople. The charges so freely made that it is tainted with corrup tion are utterly repudiated, and it is main tained that river aud harbor leg slation is more than usually free from the infirmities of human legislation. The report continues: “We affirm our absolute conviction that it is only through the river and harbor bills an nually promoted in Congress that Western waterways can hope for any assistance from the general government, and that it is the plain duty of all friends of that system to give to that measure, as a whole and in its entirety, their cordial, unqualified and aggressive sup port.” It also recommends that special ap propriations lie made to maintain and pro tect the harbors of the principal towns and cities of Mississippi. The chairman was au thorized to call the convention for the West ern waterways for the year 1888 at such time and place as he may designate. The report was unanimously adopted, and the convention adjourned sine die. DUN & CO.’S REVIEW. The Firm Fails to Find a Silver Lining to the Clouds. New York, Oct. 31.— R. G. Dun & Co.’s review of trade for the week ending Satur day says: The markets show the influence of two powerful opposing forces. The great ex pansion of the currency, with ease follow ing the stringency in the money markets of the chief cities, tends to lift prices and re vive speculation. But a shrinkage in the demand for many products, a natural re sult of the partial failure of tho crops, makes distribution less active awl collec tions less prompt than expected, while the losses in past speculations, and the begin ninp of the reaction in real estate, make the prospect less favorable in some sections. The improvement in prices, for which many looked in vain a week a"o, has ap fmared in several markets. Stocks sank last Saturday to the lowest average for seven teen months, but have improved consider ably during the week. Wheat has risen Speculation is growing active at Chicago again. Corn has advanced about lc., though hogs and pork products have slightly declined. Cotton is a shade higher, with large speculative purchases based on reports of damaging frosts. Sugar is more strong by the formation of the trust to control refining. Wool is more firm, though not higher, and the prices of cattle are a shade higher. The business failures occurring through out the country during the last seven days number for the United State* 172 aud for Canada 29, or a total of 301 failures as com pared with a total of 203 last week and 212 the week previous. Suspected of the Rahway Murder. Philadelphia, Pa., Oct. 21.—Frank Credetord, also known as Crawford, whose name has boon connected with the latest clew hi the Rihwav murder mystery as a tramp weaver and whom the dead girl was said to have married, was arrested in this city at a late hour to-night. The detectives will give no further information than the mere fact of the arrest. Twenty-Five Stores Burned. Minneapolis, Oct. 21. A disastrous tire yesterday morning destroyed two entire blocks In’ the business centre of Marietta, Win. About twenty-five stores, besides a number of dwellings, were burned, entail ing a lose of $200,00P. A Steamer Ashore. Chatham, Mash., Oct. 21. —The steamer Alleghany from Baltimore for Boston with coal came ashore here in a heavy gale this morning. The crew and passengers were saved. Appointed Storekeeper and Gauger. Washington. Oct. 31.—Tim Secretary of the Treasury to-day appointed David M. Davis to lie etorekeerier and at Kins ton. S' (' CLERKS IN PARTY WORK. COMMISSIONER EDGERTON EX PRESSES HIS VIEWS. He Says They Have the Work to Do for Associations for Political Pur poses The Commissioner Charged with the Enforcement of the Law, but not Required to do Detective Work. Washington, Oct. 21. —Civil Service Commissioner Edgorton, during an inter view had with him by an Associated Press reporter to-day, was asked if in his opinion government clerics and other employes, had a right, unabridged by the civil service law, to associate themselves together as a society or association, for the purpise of advancing the interests of any political party, and whether such societies or associations have a right to assess their members or re ceive from them contributions for political purposes. ” “Unquestionably they have that right,” replied Mr. Edgerton. “When a person has successfully passed a civil service examination and has been duly certified and permanently ap pointed to the classified service, the commission’s authority ceases, and his action thereafter is controlled by the appointing power. From that moment his action is outside of the control, authority, influence or power of the Civil Service Com mission. lie is entirely outside their juris diction.” ENFORCEMENT OK THE LAW. “But,” inquired the reporter, "is not the commission charged with the enforcement of the civil service law, and does not that law prohibit such contributions!” “Certainly,” said Mr. Edgerton, “but that law has nothing to do with individuals outside their offices or official positions. Nothing is said about associations. The commission is not licensed as a detective association, nor clothed with its functions or authority. Ex-Commissioners Eaton and Gregory, in a letter to tho Presi dent dated Oct. 19,1885, state that it hardly need be said that the commission has no au thority concerning the enforcement of the criminal provisions of the civil service act." “What are your views in regard to Mr. Oberly’s recent order that the members of any political committee or aseociation, or any one engaged in the work of promoting t he interests of any political party shall not be eligible for appointment on the boards of Civil Service Examiners!” was asked. “1 think such order is not justified by the law or any order made by the President. It involves a political inquiry by the com mission, a right or privilege denied it by law,” was the reply. “I thoroughly believe in an honest interpretation of the civil service law. I believe in enforcing that law in the manner Congress intended to have it enforced, but I do not believe in straining after something, nobody knows what, for political or personal effect, and I believe the President and three fourths of the Demo cratic party will sustain my position.” THREE MILLIONS IN DEBT. O. G. Francklyn Unable to Hand Over Hia Kinsman’s Property. New York, Oct. 21. —Charles G. Franck lyn, who was locked up late last night in Ludlow street jail, is still in custody, having been unable to procure the bail of SSOO, OtX) required. The suit in which his arrest was made was brought by Sir Baohe Cunard. The complainant alleges that on Sept. 24, 1872, he engaged Fran "klyn as his agent, and en trusted to him the managementof his estate, consisting of about $10,000,000 worth of bonds and other securities. Oct. 6, 1883, he gave him SIOO,OOO more. In July, 1885, Sir Bache demanded a return of his property, and on Sept. 25 Francklyn gave him $323.- 650 Sir Bache claims that Francklyn is still indebted to him to the amount of $3,000,000, balance and accu mulation of interest. When Sir Bache came to this country and made a demand in pei-son for the return of his property the defendant admitted that he hod converted to bis own use securities to the amount of $500,000 and was unable to deliver them. The defendant requested the plaintiff not to proceed against hirn, saying that he would be able in time to repay the full amount. Relying on this, and not wishing to disgrace Francklyn, who was his cousin, Sir Bache trusted him further. The matter has been allowed to run along until now. Francklyn is in arrears to the amount of $3,000,000. EAST AND WEST BONDHOLDERS. A Committee to Investigate the Affairs of the Road. New’ York, Oct. 21. —A harmonious meeting of bondholders of the East and West railroad of Alabama was held to-day at No. 11 Wall street. Bondholders repre senting over $1,000,000 worth of securities were present, and they united in electing Frank C. Hollins Chairman. J. S. Silver stated that various reports were in circula tion relating to the condition of the prop erty. and he thought it advisable that the bondholders should make an examination to satisfy themselves as to the facts. It was suggested that a committee of investigation should lie appointed as the best way to secure the information. Attention was called to the fact that an informal meeting of the Grovestoen & Pell’s creditors was making an investigation, but that was not deemed satisfactory, and Chairman Hollins appointed the following committee to represent the bondholders: J. 11. Brown ing, E. F. Browning, A. Prentice, T. H. Unison. J. 8. Silver, R. W. Webb und F. C. Hollins. HANGED FOR MURDER. The Culprit Resigned to His Fate and Willing to Die. Tallulah, La. , Oct. 21.—Andrew Flem ing (colored) was hanger! here at 2 o’clock this afternoon for the murder of Demp Bonyon. A large crowd of negroes had as sembled to witness the execution, but the law was rigidly enforced and only the num ber of persons allowed by law were per mitted to be present as witnesses. The execution took place within the prison in closure. A negro minister attended Flem ing in his cell during the morning. On the scaffold the condemned man appeared re signed to his fate ami professed a willing ness to die. t American Shipping Interests Boston, Oct. 21.—The eonvention of the American Shipping and Industrial League met here to-day, Otis Inman, of the Boston Chamber of Commerce, presiding. Mayor O’Brien welcomed the delegates. J. F. Bliss was chosen Secretary. Ten States were represented by thirty-two organizations ami 110 delegates. Hon. V, R. Hpofford, of Massachusetts, was chosen President, and made an address, in which he di son seed the incline of American shipping and various OJMuumi which had I sen nrooocv! foe “ resuaeitatlnr ripes-dte , ,e uuu.e c> , Mr. s-v-ey, b,m. YV. VV. Craud and others. CHURCHILL ON THE STUMP. He Devotee Hls*Speech to a Compari- j eon of Admlnlstratione. London, Oct. 21.—William Graham, barrister, nus been instructed to draw papers for the Times’ defense in the action brought against that paper by Frank H. O’Donnell for X.>0,000 damages for libel in publishing remarks about him in its article on “Par nellism and Crime.” Henry James and Lurnley Smith will defend the Times. I-ord Randolph Churchill made an address at Seaham to-day, in which he said that, a j comparison of the administrations in Ire- ; land of Lord Londonery and his predeces- | sor, the Earl of Aheerdeen, would show that Lord Londonery’s government was marked with gravity, propriety and de cency which it would be difficult to discern iu that of the Earl of Aberdeen. That of Lord Ijondonerv was free from the melan choly and unfortunate eccentricities of Iw liavior which astonished the public during the Earl of Aberdeen’s government. NO PASHAS JN IRELAND. Lord Churchill also said that he believed Mr. Gladstone and his supporters, judging from their language, supposed Ireland to lie governed by Turkish Pashas, or by a system similar to that of the Spanish in quisition, but the government wus com posed of men as respectable and honorable as Mr. Gladstone. The law of Ireland was the same as that of England. The government was unable to fix the terms of special criminal laws because they had no knowledge that would enable them to say at what time these laws would cease to be necessary. At a time when the air was thick with enemies it was the duty of the Conservative par tv to spread correct information. If the people were correctly informed they would favor the maintenance of the Union. MUZZLING THE PRESS. Dublin, Oct. 21.—The police of Ki Harney have forbidden the newspajiers of that place to expose placards of United Ireland or other newspapers containing reports of meetings of proclaimed branches of the national league. DRUNKENNESS AT THE JUBILEE. Canon Weldon Disgusted by What He Saw In London. Dublin, Oct. 21.—At a meeting of the Church of Ireland Temperance Society Canon YVeldon, who recently received an appointment in England, made an address, in which he said he hoped the Queen would find a more suitable way to honor her hus band's memory than by sending her sons and sons-in-law to the top of the Highland mountains to drink raw whisky. He was present, he said, at this year’s festival in honor of the presence of the Queen, and he never saw a more disgusting and revolting scene of drunkenness. It surpassed the tra ditions of Donuybrook Fair. The effect was visible for many days in men with sodden eyes and staggering gait. Excavations at Jerusalem. St. Petersburg, Oct. 21.—Excavations at Jerusalem on the ground belonging to the Russian government have resulted in the discovery of the remains of the ancient town wall and the position of the gates of the town during the lifetime of the Saviour, through which the Saviour passed to Golgotha. The Grand Duke Serguis, Presi dent of the Palestine Society, invites sub scriptions to the fund for the purpose of preserving these relics. Cotton Badly Packed. London, Oct. 21.—The Board of Trade has concluded its inquiry into the loss of the Inman lino steamer City of Montreal, wbicli was burned at sea Aug. 10, while on a voyage from New York to Liverpool. The board decides that neither the owners nor officers of the ship were blamablo for the disaster, and that, the cotton in the steamer's cargo, iu which the fire was first discovered, was not properly packed. Lord Lyons to Res gn London, Oct. 22, 4 a. m.— The Daily jVe it's says there is reason to believe that Lord Lvons is about to retire from the British Embassy in Paris in favor of Lord Litton. The Newt adils that if Lord Lyons does not desire to retire and is being sacri ficed to some nlwurd superauuation idea and ml tapeism, Lord [Salisbury deserves the severest censure that can be passed upon a minister. A Bishop’s Oath. Berlin, Oct. 21.—Bishop Kopp, the new Prince Bishop of Breslau, took the oath of civil allegiance to the Emperor yesterday. This is the first instance of such an oath being taken since the opening of the Kul turkampf. and it is due to the fact that the oath has recently been modified sc as to render it unobjectionable to prelates. Russia Ready for the Czar. Moscow, Oct,. 21.—Preparations are be ing made at Kremlin for the reception of the Czar. On leaving Moscow the Czar will go to the South of Russia, Milan and Ferdinand to Meet. Vienna, Oct. 21.—King Milan of Servia will meet Prince Ferdinand of Bulgaria at Pirot on the occasion of the opening of the new railway. Switzerland and the Socialists. Berne, Oct, 21.—The Federal Council has resolved to watch for and prevent the in tended Anarchist meeting in Switzerland. STUCK TO THE SHIP. The Fate of Thirty-Six People Who Re fused to Take to Boats Unsolved. New York, Oct. 31.— An Antwerp special to the Telegram says: “The Norwegian bark Bravo has just arrived from Charles ton, and rejiorts that on Sept. 20, in latitude 38’, longitude 49\ west, she picked up Capt. Cunha, Capt. Cunha’s wife, two sailors and sixteen passengers of the American schooner Carrie YV < ’lark. The Clark was bound from Fayal to Boston. She encountered a hurricane on Sept. 17, and after consider able laboring, caused by a tremen dous sea, the foremast had* to be cut away. A few moments afterward a tremendous sea and gust of wind struck the vessel, and the main most went by the board, breaking off about thirty feet above the deck. A remarkable part of the story brought by the Bravo is that while the captain thought best to desert the schooner crew and passengers to the number of thirty-six remained aboard, refusing to leave her, depending upon what was left of the mainmaot to rig a sail on, and bring the vessel safely into port. Their fate Is un known Holy Trinity’s Imported Pastor. New York, Oct. 21.—1n the United States Circuit Court to-day suit was entered against Holy Trinity Church, on which a fine of SI,OOO was imposed for violating the contract labor law in engaging the services of Rev. E. Walpole YVnrreu, of England, as pastor. A tost case will be made or this, anil much interest Is evinced in the result. Snow at Detroit. Detroit, Oct. 21.—The first snow storm of the season oeeiirml to dev i PRICE $lO A YEAR I | 5 CEATS A COPY, f TAMPA NO BETTER OFF. THREE DEATHS AND TWELVE NEW CASES IN TWENTY-FOUR HOURS. The Weather Cooler, but the Fevet Shows No Decrease in Virulence— Jacksonville Willing to Raise the Quarantine Against Palatka If Sa vannah Is—A Railroad Withdraws Its Trains. Tami-a, Fla. , Oct. 21.—1n the last twenty-" four hours there have been three dtaths— Mrs. J. M. Miller, J. McKinzie and Carlos V. Penyo, tho latter in Ybor City—and twelve new cases. It is cool with a north east. wind. Several cases are considered critical. The hospital is ready for occn paucy. Tho Executive Committee of the City Council has negotiated a. loan to re lieve the sick and destitute. The Savannah nurses have not yet arrived. The County Commissioners have as yet, done nothing. The resident city officials have at last taken the bull by the horns and are after Yellow Jack’s microbes with blood in their eye. V majority of tho Council ] re still enjoying the company of their country cousins. Though the weather is cooler the fever i* not abating. If the refugees continue tc return quarantine will be declared in self defense. The Mayor is having the city thoroughly cleaned. JACKSONVILLE’S FUND. Jacksonville, Fla., Get. 21.—Jackson ville has raised S7OO for Tampa so far, and will double that. Frank Osborne of the Southern Express Company, has offered to transport free of charge all donations of food and wearing apparel for tno stricken people of Tampa. Rumors reached here to-day of the death of a Tampa refugee at Altoona, but the re port is not, confirmed. Dr. Mitchell received a telegram from the Volusia County Board of Health to-day, saying that there is no truth in the rumor. No trouble is appre hended oven if tho rumor is so, as Altoona is in a high pine region and fever could uot spread there. Palatka'.s quarantine will be raised very soon if the Savannah authorities agree to it. The board here is of the opinion that it is safe, and then all efforts will be concen trated towards keeping the Tumpa quaran tine up to its present standard. PALATKA PROTESTS. Palatka, Fla., Oct. 21.—The Board of Health to-day ordered the following to be sent to Burgeon General Hamilton: “You are officially informed that there ha* been no yellow fever in Putnam county since the case of the refugee from Tampa, reported to you as having died on Oct. 13 at Inter lachen, eighteen miles West of Palatka. There is great indignation here over the continuance of the quarantine.” A train from St. Augustine ou the St. Augustine and Palatka road stopped this evening at Merritteld, eighteen miles from Rt. Augustine. The conductor walked halt a mile to meet the Putnam county inspector. He informed the inspector that if the latter insisted upon boarding the train, his instructions were to prevent him and run the train back to Bt,. Augustine and that no more trains would be run until the quarantine was raised. The inspector said he must obey orders, and the conductor at once ordered the train back to St. Augustine. There were no passengers aboard. There are no known cases of any serious illness in Palatka, VIGIuANTS AND OUTLAWS. A Desperate Battle Fought on the Ar kane..'i River. Little Rock. Ark., Oct 21.—A special to the Arkansas Gazette f‘om YVamulla, I. TANARUS., via Muskogee this eve <ng says: “Qn Thursday a desperate fight took place on the north fork of the Arkansas river, between Bud Trainer's gang of outlaws and a vigt, lance committee under the leadership of Robert Henderson, a Scottish half-breed, who followed them from Duck worth’s store, in the Creek Nation, on the occasion of a raid there on Wednesday. It, appears that the outlaws finding out tho size of the force which was following them decided to risk an encounter and made haste to reach the river banks where they could find shel ter behind the trees and in the ravines which line toe banks on either side. In this they succeeded, so that, wh "ii the vigilant* came up thev were entirely, for a time, at the mercy of two score of men who knew not what mercy was. GETTING IN POSITION. Henderson then took his ineu a short dis tance up the river, where a fording place could be found, then crossed and took up positions on the other side of the stream from and where his men were as well protected as those of Trainers. The river at this point is only about 10 feet wide and across this distance from Thursday morning until Thursday night bullet* were singing on their mission of death. When the Vigilant* hail sue."-ceded in obtaining this position they found that they had lose three men and two more were seriously wounded. As Trainor found the enemy in his rear on the opposite side of the river he sent half of his men down the stream to cross and come up on the other side, fighting under cover of the trees. In this coup detat they were sur prised by the avengers, who met them half way andopened tire upon them, checking their course and driving them panic stricken and precipitately back. In endeavoring l<B rally his men Bill Chuett was killed, anff before the river could be reached and forded, John Lerch, one of the robbers gang, was shot off his horse but was not killed. The fight from this on was continued across the stream, the banks of which were lined at distances of about five rods apart with sharp shooters. N<J sooner was a head, arm or any part of a body visible on either side than a leaden bullet was seeking to find lodgement there. As Thursday night was coming, Henderson called his men in for consultation, when it was found that of his force eight men were killed outright and eight others had received serious, though not fatal wounds. The force was in this way reduced one-half, and it was thought best to remove th£ wounded hero and go back home and stir up reinforcements. Tho dead were buried and tho wounded, it was found after dressing their wounds, were able to return horns with the rest, of the party. It is thought thaf as many of the outlaws were killed as of ths pursuing party, though this will never be known. Henderson says he will collect lOfl men and follow the robbers to hades, If ne>* iwsary, but that ho will wipe them out, Heurv Ayres, a well-to-do stock man for the Cherokee nation, who was one of the party with Henderson, says that Bud Trainr was killed during tho tight. He Is of the opinion that not less than fifteen were killed ou* right upon both sides, and thinks that one, half the outlaws who were not killed wore wouuded. It is by no means certain that another party will be organized to hunt down the outlaws, as it is thought tM severe lesson they have been taught will tend to drive them from the Territory, oi at least to put a quietus on their lawlessness Southern Forests. Hunstville. Ala., Oct. 21.—The South" ern Forestry Congress will meet in this city on Oct. 26. A large attendence of dele gates from the South will be present as well as some from the National Forestry f.VnuTMS