Newspaper Page Text
, ESTABLISHED 1880. i
■j J. H. ESTILL, Editor and Proprietor. |
Six HOURS OF ORATORY.
THK court fixes the limit IN ;
THE ANARCHIST CASES.
j. Randolph Tucker Opens the Argu
ment for the Prisoners, and Devotes
His Time to Constitutional Questions
-Attorney General Hunt Follows for
the State of Illinois.
Washington, Oct. 27. — Anticipation of
the argument before the United States
Supreme Court to-day upon the petition for
h writ of error in the Chicago Anarchists’
rase attracted to the capitol a crowd of
eager people, who seemed as anxious to gain
admission to the court room as if the An
archists themselves were to be present in
chains and leg fetters and to argue their
own case in person. More than an hour be
fore the court assembled the court room
was densely packed with people, who not
only occupied all the seats provided for
spectators, but encroached upon the pre
cincts of the bar and stood in a closely
packed throng in the open spaces on
each side of the door. Even out
in the corridor there was a crowd
endeavoring to at least get a glimpse of the
interior of the court room through the en
trance. The audience was destined, how
ever, to be at least for a time disappointed.
When the court was called to order at 12
o’clock, and the candidates for admission to
the liar had been sworn, the Chief Justice
announced that the court would proceed
with the unfinished business of yesterday.
This unfinished business was a case from
Louisiana, which, however important to the
litigants, had very little popular interest.
READY FOR THE ARGUMENT.
The argument in the Louisiana case was
concluded at 1:05 o’clock and the Chief Jus
tice said: “We are ready now to hear the
motion for a writ of error in the case of
Spies and others.”
Gen. B. F. Butler asked the court how
much time would be allowed for argument.
Mr. Tucker represented, he said, the major
ity of the petitioners. He himself repre
sented two of them, whose cases were in some
respect different from those of the others.
He would not speak merely for the sake of
speaking, but he would not like to be hur
ried. The Chief Justice asked how much
time he desired. Gen. Butler said he would
like an hour and a half for himself and an
hour and a half for his associate, Mr.
Tucker.
The Chief Justice said: “Very well. We
will allow you three hours on a side.”
Attorney General Hunt, of Illinois, said
that he and his associates did not yet know
what scope the argument would take and
could not say how much time they would
desire. He would like, however, to have an
opportunity given to his associate, Mr.
Grinnell, to speak. The Chief Justice said
that each side would be allowed three hours
and that Mr. Grinnell might speak.
TUCKER OPENS THE ARGUMENT.
At 1:15 o’clock J. Randolph Tucker opened
the argument in support of the petition for
a writ of error. He said that it was not
necessary for him to show as a condition
precedent to the granting of the writ that
the action complained of in the court be
low was actually repugnant to or
in violation of the constitution. It
was only necessary to show that
a conflict had arisen and that there was
a question whether the action complained
of was not repugnant to the constitution.
That was enough to give this court juris
diction. It was the object of the statute of
1*67 to give free access to this court in all
cases where there was a question of this
kind. It was not necessary to show repug
nancy but only a conflict. If there
is a conflict then this court has
jurisdiction, and if it has juris
diction then the petitioners are entitled to
their writ as a right. “This court,” said
Mr. Tucker, “is a city of refuge from the
avenger of blood, and any man who conies
here and takes hold of the horns of justice
should not be repulsed.” The policy of this
court, he said, had been to deal liberally
with petitions for writs of error in civil
cases. How much more should it deal lib
erally with a petition for a writ of error
in a criminal case involving issues of
life and death; in a case where
life was about to bo taken away in viola
tion of the constitution. Mr. Tucker then
proceeded to a careful analysis of the
fourteenth amendment, and an attempt to
ascertain the meaning of the words, “due
process of law.”
JURISDICTION OF THE COURT.
In arguing upon the merits of the ease,
Mr. Tucker said that it was not necessary
that the law of the State should lie abso
lutely and on its face unconstitutional in
order to give thus court jurisdiction of a
case under it. If a law, seemingly fair and
.just on its face, should have put upon it by
the State courts a construction contrary to
the constitution, that was enough to give
this court jurisdiction. If any department
of n Shite government violates the terms of
the fourteenth amendment, it is the State
which violates. Mr. Tucker then reviewed
the history of the adoption of the fourteenth
amendment, and said, although it was
originally intended to guarantee particu
larly the rights of enfranchised blacks, there
was no reason why white citizens should
not also enjoy the benefit of its provisions.
Mr. Tucker quoted the fourteenth amend
ment and discussed the meaning
of the words “due process of
law,” and said that although it
had been held by this court that a trial with
out indictment by a grand jury might be
“due process of law,” and might be per
fectly constitutional, it had never been held
nor intimated that trial by a petit jury
could be dispensed with. It seemed, he
said, to be every where conceded that “due
Jewess of law” required trial by a jury of
one's peers. After quoting copiously from
authorities and adjudged cases in
support of this position, Mr. Tucker
said: “Now, if I have succeeded
in showing that due process of law means
trial by jury, the question arises what kind
of jury, for it is of the essence of a jury
trial that it shall not be before a packed
jury, that a juror shall not have made up
his mind before the case is heard that I
ought to be hanged. It is essential that the
jury should lie unbiased, unprejudiced and
impartial! and that it should not be a
class jury.” Mr. Tucker then asserted
that the jury law of the State of Illinois
was unconstitutional in that it provided
that the forming of an opinion from reports
or from newspaper accounts of certain
transactions should not necessarily dis
qualify a person having such an opinion
1 rom sitting in judgment upon that transac
tion as a juror. Even although the law
might seem to be fair and just, if by con
struction and administration it were
made to dony to prisoners the right of trial
by a fair and impartial jury then such con
struction ami administration constituted
the law and made it unconstitutional.
ANOTHER QUESTION.
Turning to another question raised, Which
he said was anew one in this court, he
quoted the second claaso of the fourteenth
amendment to the effect: “No .State shall
niake or enforce any laws which shall
abridge the privileges or immunities of citi
zens of the United .States.” Among
the privileges and immunities thus guar
anteed by the fourteenth amendment were
he contended, those set forth in the first
ten amendments to the Federal constitution,
such as “the right of citizens to be secure in
their persons, houses, papers and effects
against unreasonable searches, and seizures
(fourth amendment), and immunities desig
nated in the clause of the fifth amendment,
which provides that no person shall be com
pelled in any criminal case to be a witness
against himself.” It had been maintained,
he said, that these first ten amend
ments to the constitution were limita
tion of Federal power only, but in
his opinion they had also the character of a
bill of rights. They showed what some of
the rights of citizens of the United States
were, and these rights, privileges and im
munities were carried forward and con
firmed by the fourteenth amendment. It
was his belief that unless the privileges and
immunities set forth in the first ten amend
ments were specifically said in the terms to
be merely limitations of Federal power, they
were privileges and immunities which came
within the purview of the fourteenth amend
ment and were guaranteed by it.
Justice Field —Then you would bring all
questions to this court. I cannot conceive
of any question which cannot be brought
here if the Fourteenth amendment makes
tho privileges and immunities, to which it
refers, include all those of the first ten
amendments.
Mr. Tucker said he would admit that
it was anew question, but
that he should like to argue it.
Turning to the action and rulings of the
trial court, Mr. Tucker said that the de
fense were driven to peremptory chal
lenges in order to exclude jurors who should
have been rejected for cause, and that
thereby there was no limitation of the right
of peremptory challenge, which this court
has held to be one of the highest privileges
of the prisoners.
“The last four jurors,” said Mr. Tucker,
“were put upon us after our peremptory
challenges had been exhausted. In one case
we objected distinctly upon the ground that
the ruling of the court was in violation of
the Constitution.”
In conclusion Mr. Tucker said: “We had
the right, in my judgment, to the writ to be
heard on the question whether the constitu
tion has been violated in order to compass
the conviction of these men. It is true they
are said to be Anarchists. If the court asks
me whether I have any sympathy with
them, I have only to say that the court
knows me too well to suppose that I
have any sympathy with these unhappy
and misguided men, but they are men, and
they are entitled to the same protection
that, I am. The same constitution is over
us all. I ask the court to interpose its
shield and protect these men, because I may
need it myself. I know no anarchy abroad
in this land which the American people need
fear, except anarchy in the administration
of justice. I fear that when anarchy dons
the ermine of justice and administers
lynch law, in violation of the supreme
law of the land. Whether the prisoners,
point can be sustained, is a question you can
only decide after an examination of the rec
ord and hearing. Strike after you hear,
but don’t strike before you hear. 1 pray that
the court will therefore award this writ, for
if I do not mistake there are evidences in this
whole record which will demand a reversal
of judgment.”
ATTORNEY GENERAL HUNT’S ARGUMENT.
Mr. Tucker finished speaking at 2:35
o’clock, and was followed by Attorney
General Hunt in behalf of the State of
Illinois, who spoke till the court adjourned.
Mr. Hunt said that to warrant the is
suance of the writ it must appear from the
record: First, that there is a
tion involved, and second, that such a ques
tion was raised and decided in the State
court. He was not as well informed as he
wold like to be with regard to the exact
points upon which the counsel for the peti
tioners relied. In tho first part of his argu
ment, Mr. Tucker planted himself squarely
upon rights which belonged to his clients
under the fourteenth amendment, but in tho
latter part he changed ground slightly and
insisted that the first ten amendments were
declarations of individual rights, and then
that they were all comprised in the pro
visions of the fourteenth amendment. The
Attorney General opposed this view and in
sisted that the provisions contained in the
first ten amendments to the constitution are
limitations on the powers of the Federal
government, and not upon the State.
So far as the petitioners rely
ujxm anything contained in these
amendments, they can have no standing in
this court. The fourteenth amendment is
equally foreign to any right, privilege or
immunity hero.claimed by the petitioners.
The fourteenth ainennmeut declares: “No
State shall make or enforce any law which
shall abridge the privileges or immunities of
citizens of the United States; nor shall any
State deprive any person of life, liberty or
property without due process of law,
nor deny to any person within its
jurisdiction equal protection of the laws.”
The record will show that the complaint is
not that the State has made or is enforcing
a law which deprives the petitioner of any
of the privileges or immunities guaranteed
by that section, but that they arc deprived
of rights by an erroneous construction of
the law, placed upon it by a trial
court of the State. The petition
ers did not claim in the Supreme
Court of the State that the Illinois act of
1874 was repugnant to the constitution,
treaties, or laws of the United States, nor
that the authority of the court was exer
cised under it, but that the act was consti
tutional and valid and that the court exer
cised its power in violation of that law. The
petitioners were tried in the courts of the
State, under the laws of the State, and that
constitutes due process of law. It is not
material that this or another court mignt
have ruled differently under the law
THE PRESSER PRECEDENT.
Due process of law means ‘‘the law of the
land.” In the case of Fresser vs. the State
of Illinois, in November. 1885, the Federal
question raised was as to the right to bear
arms, and it was contended that the Illi
nois statute was a limitation of his rights as
a citizen of the United States under the
Fourteenth amendment. This Court
held that the right to bear
arms was not a right guaranteed
by the constitution of the United States;
that the Federal government was only pre
vented by the second amendment from in
fringing that right; that dealing with such
right was a matter for State discretion, and
that as a jxilico measure a State could treat
it as it chose. It was held furthermore that
bearing arms was not a “privilege” or “im
munity” of citizenshij) of the United States,
as contemplated by the fourtheenth amend
ment. The decision forecloses and bars out
the contention of tho counsel that the rights
contemplated in the language of the first
ten amendments, were all included in the
fourteenth amendment, and extended es
pecial guarantees and immunities to citi
zens of the United States. If that was not
true in the present case, then the limita
tions of the constitution upon the Federal
power are not changed into muni
ments of national citizenship by
the fourteenth amendment for pur
poses involved in the petition in
this case. Turning to the composition of
the jury in the trial court the Attorney
General said that he did not see how tho
personnel of the jury which tried the peti
tioners in this case could properly bo sub
mitted to the court or considered by it in
the present proceeding. The inquiry must
be made as to the constitutionality of the
jury law of the State of llliuois, and not as
to how a State court may have
SAVANNAH, GA., FRIDAY, OCTOBER 28, 1887.
construed that law. Mr. Hunt said
that the jury law of the State of Illinois
was not attacked by the counsel on the
other side in the Stute Supreme Court.
They stated expressly (reading from the
proceedings) that “We have not thought it
necessary to attack the constitutionality of
tile law,because it may be given a construc
tion which would make it unobjectionable.”
The Attorney General then called attention
forcibly to the fact that tho recent changes
in the jury laws of the State,
all haii for their purpose and ob
ject the procurement ef a better class
of men as jurors. Is it possible asked the
Attorney General, that States are to be
so bound by the Federal Constitution that
they cannot change their jury laws in ac
cordance with the changing condition of
their social and political life? Is it possible
that qjjymever a law is enacted in any State
which recognizes the changed condition of
affairs—a law whieli is intended to adapt
the jury system to such changed condition
that the Federal question is raised; Then
tile conviction of any man in a State court
raises a Federal question, and under the un
limited provisions of the fourteenth amend
ment that question can be brought to this
court for review He hoped that tho court
would maturely consider the far-reaching
consequences of the construction which
the petitioners desired to have given to tiie
fourteenth amendment. Mr. Tucker asks,
said the Attorney General: “If I do not
suppose that the Fourteenth amendment
guarantees trial by jury. I suppose that it
does, but we hold that it was not intended
to interfere with the power of a State to
regulate jury trial within its own limits,
provided it does not deprive any of equal
protection of the laws.”
SEARCH AND SEIZURE.
As to the alleged “unreasonable search
and seizure,” it is said that after the pris
oners had been arrested their' desks were
broken open by the police, and papers and
bombs, etc., weretaaeii without warrant.
The Attorney General said he would like to
know how a criminal’s instruments of crime
could legally be taken from him. He knew
of no process by which it could be done if
they were his own. The question for the
court, however, was not “How was posses
sion of these things obtained?” but
rather “What do they prove i”
In the recent case of Ker against
the people of Illinois, Ker was followed to
South America, to Peru, was brought back
without extradition proceedings, and a
court tried him and convicted him. It held
that the question was not “how did you
get here?” but “are you guilty?” This
was a case involving a higher question of
personal right than that involved in the
case now before this court.
Justice Miller—The Federal question was
whether a man having been kidnajied by
the Illinois authorities m Peru without re
sort to extradition papers, was protected by
the Federal constitution.
Attorney General Hunt—Yes, your honor,
but it was on account of the illegal method
by which he had been brought into court
that he claimed immunity
Attorney General Hunt then took up the
case of prisoners Fielder and Spies, and
said that he understood it would be urged
by the counsel on the other side that they
being foreigners—Fielder an Englishman
and Spies a German—were protected by
treaties between the United States and
their respective governments that
they should have immunity
because the treaties provided that citizens
of England and Germany living in the
United States should have all the rights and
privileges guaranteed by law to citizens of
the United States at the time the treaties
were ratified. “I understand,” he said,
“that this will lie the contention.”
Chief Justice Waite—ln what respect is it
said that this violates citizenship of Great
Britain?
Gen. Butler —They were to have all the
privileges of Americans at the date of the
treaties, and among those privileges we con
tend was trial by jury under the laws then
in force. No laws could be passed to change
their condition under the organic law—
highest law.
Attorney General Hunt replied that if
this were so, then the prisoners, without
being citizens were privileged persons,
above the laws of the State which they set
at defiance.
Tho large audience in the court room paid
the closest attention to the proceedings
throughout tho afternoon and scores of per
sons, including some ladies, remained stand
ing for five hours just outside the bar.
The Attorney General of Illinois will
conclude his argument for the State to
morrow, aud will be followed by Gen.
Butler in behalf of the petitioners, and
particularly of Fielder and Spies.
States Attorney Grinnell will probably
make the closing argument in opposition to
the motion for a writ of error and the
court will then take the case under advise
ment.
A RIVER STEAMER BURNED.
Her First Clerk the Only Person Re
ported to Have Perished.
Memphis, Tenn., Oct. 27.—Alberta No.
3, a small steamer running as a regular
Memphis and White Itiver packet, was
burned to-day at Indian Bay, Ark., near
the mouth of White river. She was en route
to Memphis, and her cargo consisted
of 572 bales of cotton and a large lot of
cotton seed, which together with the books
and papers, were totally destroyed. Capt.
Gibbs, her first clerk, is the only person re
ported lost. He was about 60 years of age,
and has been engaged in steam
boating out of this city for
many years. The cotton and seed
were consigned to Memphis merchants. Tho
Alberta was owned by the Memphis and
White River Packet Company, and was
valued at SIO,OOO. The insurance is un
known.
A RUNAWAY AT A FUNERAL.
The Corpse Hurled from the Coffin Into
a Ditch by the Roadside.
Tiffin, 0., Oct. 27. —At a funeral near
Sycamore to-day the team attached to th
hearse ran away and the vehicle was re
duced almost to kindling wood. The coffin
was dashed to the ground, the lid torn off
anil tlie corpse rolled into a ditch by the
roadside. Other teams took fright,
and a general panic ensued. A
woman fainted, men jumped from car
riages, wagons were overturned, liorsos be
came entangled in the general wreck, anil
several persons were more or less Roriously
Injured. Rev. Mr. Howells, who was to
have conducted the funeral exercises, was
perhaps fatally injured.
Vandals in a Newspaper Office.
Lake Weir, Fla., Oct. 27—While the
proprietors of the Lake Weir Independent
were at dinner Tuesday, someone entered
their office through the window, tore up
cabinet photographs of Henator and Mrs.
Mann, tne Stovall brothers, the Weir Park
Hotel, and pied a column of type of some
4,000 eras.
Seven Cases and Three Deaths.
Tampa, Fla., Oct. 27.—Seven new cases
and three deaths, those of Rev. Father
Peterman, Mrs. W. G. Bartholomew and a
Mr. Moulton, is the record for the past
twenty-four hours. There are twenty
patients in the hospital The weather is
warm and sultry.
HAINAN!) MUD AT MACON
MR. DAVIS UNABLE TO VISIT THE
FAIR GROUNDS.
He Will Not Go to Athens, But Mias
Winnie Will Attpnd a Reception
There—Ex-President and Mrs. Davis
to Start for Home To-morrow Drum
mers’ Day at tho Fair.
Macon, Ga,, Oct. 27. —To-day was a wot
and sloppy one for Macon and the State
Fair. The rain and mud, however, did not
seein to diminish the crowd much, or the
intense enthusiasm. The city has been well
filled and every train brings in new
arrivals. Mr. Davis and party were pre
vented from going to the park to-day and
participating in the scenes and incidents of
the day on account of tho
weather. This was a groat
disappointment to the crowd. Although
every veteran saw him yesterday “at home”
all wanted to see him again to day, but it
was not deemed prudent for him to leave
the house. The day at the park was given
over to tho drummers and they made the
most of it. The various posts throughout
the State sent up strong delegations and
they had fun as only drummers know how
to have it.
NOT GOING TO ATHENS.
Mr. Davis cannot attend the Athens fair.
His physicians think it would seriously en
danger his life. Mrs. Ilayes and Miss Win
nie have accepted an invitation tendered
them by the Athenaeum of that city to at
tend a complimentary reception in their
honor, and will leave Saturday morning for
Athens. They will be the guests of Airs.
Howell Cobb. Mr. and Mrs. Davis will re
turn home on that day.
The management of the Academy of
Musk: to-night tendered a complimentary
performance to Mr. Davis and party, in
cluding Gov. Gordon, Senator Colquitt and
other distinguished gentlemen. Mrs. Bow
el's in “Lady Audley’s Secret” was the pro
gramme.
The silver bowl presented to Mrs. Davis
Tuesday was the gift of the citizens of
Macon. The diamond brooch given Airs.
Hayes was a souvenir from the Agricultural
Society. Col. Thomas Hardeman delivered
the first and Mr. J. O. Waddell the second.
ATHENS DELIGHTED.
Athens, Ga., Oct. 27.—0n last
Monday the Athenaeum Club, of this
city, presented to Miss Winnie Davis a
magnificent invitation tendering her a re
ception at their club house, on Broad street.
This afternoon Mr. C. A. Scudder, Secre
tary of the club, received a telegram from
the committee bearing the invitation stat
ing that Miss Davis hail accepted tho invi
tation, and would leave in a day or two for
Athens. Very extensive preparations are
being made by the club, and the reception
will be the most brilliant ever given in
Athens. It is hoped that if the weather
clears off Mr. Davis will bo prevailed on to
extend his visit to Athens, if only for a few
days.
AUGUSTA'S ANNALS.
Heavy Rains Cause a Rise in the River
—A Residence Burned.
Augusta, Ga., Oct. 27.—Andrew Wright,
colored, fell dead on Campbell street this
morning while engaged in laughing and con
versation with a friend. The Coroner’s jury
returned a verdict of heart disease.
Rain began falling at 8 o’clock this morn
ing, and has not for an instant ceased up to
a late hour to-night. In the past twenty
four hours the Savannah river has risen
five feet, anil Is still rising at the rate of two
inches per hour. At midnight a depth of
eleven feet six inches was registered at the
toll bridge. Reports from the up-country
indicate general rains along the course of
the Savannah river, and people are begin
ning to talk of another freshet.
The handsome residence of Col. W. P.
Crawford, near Belair, in Columbia county,
was destroyed by fire yesterday. Mrs.
Crawford attempted to burn out a chimney
while all of the male members of the fam
ily were absent from borne. The loss is
SIO,OOO, and includes furniture, silverware,
etc. There is no insurance.
GEORGIA’S CAPITAL CITY.
Gov. Gordon Vetoes the Bill Authoriz
ing the Sale of the Court House.
Atlanta, Ga., Oct. 27.—Gov. Gordon
to-day vetoed an important Savannah bill,
assigning his reasons therefor. It was en
titled: “An act to authorize and empower
the Commissioners of Chatham county and
ex-officio Judges to sell the site of the pres
ent court house and to use the proceeds of
such sale in building a more commodious
court house and for other purjioses.’t
The bill further provided for
ceding jurisdiction to the United States
over this site provided the government pur
chased it without however reserving the
right to serve the processes of the State
courts in the ceded Territory. The Gover
nor held that the bill contained two dis
tinct subject matters which would make it
unconstitutional. He gave as a further
reason for vetoing,the failure to reserve the
right to serve on tho ceiled Territory the
processes of State courts.
Tho Governor signed the act authorizing
the Mayor and Aldermen of Savannah to
vest in the Commissioners of Chatham
county and ex-oificio judges control over
the old cemetery, and authorizing the use of
the same in the erection of a court house.
The Governor and his party arrived from
Macon this morning, and this afternoon lie
left for Ohio and will make his opening
campaign speech for Powell at Cincinnati
to-morrow. He will return the last of next
week.
THE PROHIBITION FIGHT.
This morning Ordinary Calhoun finished
the examination of the petition for anew
election filed last week by the nuti-Pro
hibitionists. There were signod to the peti
tion 2,800 names. Tho Ordinary ordered
tho election for Nov. 20. From this on the
fight will bo warm. Registration is pro
ceeding rapidly, and by Nov. 15, when the
books close, it is estimated that the total
will be greater than in the last election,
when it was 8,966.
A newimaper controversy has started up
between Dr. H. H. Tucker and Dr. Haw
thorne, leading Baptist divines, growing out
of some strictures by tho former on Sunday
(irohibition meetings Held at the opera
louse. In an interview in an afternoon
paper to-day Dr. Hawthorne replies vigor
ously to these strictures and adds that if
the Sabbath institution ii ever destroyed it
will be done bv tho same infidel whisky ring
to which Dr. 'tucker Is giving aid and com
fort. Dr. Tucker is able to take care of
himself in a newspaper controversy with
Dr. Hawthorne, and a lively reply is ex
pected.
A FORMER HAVANNAHIAN MARRIED.
Martin F. Amorous, manager of the At
lanta Lumber Company, formerly of Sa
vannah, was married at the First Baptist
church this morning to Miss Emma Kate
William* of Montgomery, Dr. Haw
thorne and Father McMahon per
forming tho ceremony. The wedding
was quiet and generally unexpected.
Only a few friends were present be-
side the father of the bride. Among these
were IX C. Bacon and H. P. Smart, of Sa
vannah. The couple left at 5 o'clock for a
tour of Northern cities.
In the Recorder’s Court this morning G.
H. and A. W. Force, prominent Whitehall
street shoe dealers, and H. F. Leak, a well
known real estate agent, were arraigned for
a lively fight yesterday afternoon, in which
Mr. Leak was badly pounded bv the Forces.
Leak and G. 11. Force were fined $l5 75
each and A. W. Force was bound over for
assault and battery.
The Southern Bell Telephone Company
paid its quarterly State tax to day on 2,0111
bells, amounting to $5,080 25.
A slight legal issue has come up bet ween
the Comptroller and Covington and Macon
railroad. This is the only road delinquent
in its State taxes this year, and its attorney
takes the position that as the road is in the
hands of a receiver the State cannot collect
by li fa. The Comptroller and the Attorney
General take the opposite view, and will
try the virtue of a ti fa if the taxes are uot
forthcoming.
CRIMES AT MACON.
Knives and a Pistol Used in a Couple
of Affrays.
Macon, Ga., Oct. 27.—Last night about
8 o'clock Licett's bar on Fourth street was
the scene of a shooting and cutting encoun
ter which came near proving fatal. Tho
participants were Dick Green and Bill
Richards, railroaders, and Alphonse Price.
The particulars aro brief. Information
from Officer Bonner is that as Richards
started out of tho bar and passed Price the
latter addressed some abusive remark to
the former, drawing his pistol at tho same
time and fired one shot, striking Richards
in the tteshy part of the arm near the left
muscle, inflicting a painful but not serious
wound. Green said to Price, “Don’t
do such as that, whereupon Price drew his
knife and started toward Green, but the
latter was the quicker in movement, and
drawing his knife, cut Price across the
throat, making an ugly but not dangerous
wound.
Last night a negro girl named Mary Jane
Trippe was severely stabbed in the back by
some unknown party. The knife penetrated
about four inches. A negro man from
Baldwin county named Charles Etheridgd
was arrested on suspicion of having made
the assault. He was placed in tho barracks,
but as there w’as no evidence to convict him
he was released this morning.
CARS IN A DITCH.
Two Passenger Cars Roll Down an
Embankment.
Jacksonville, Fla., Oct. 27.—This
morning’s east-bound train on the Florida
Railway and Navigation Company’s road
was ditched by a broken rail eight miles
east of Tallahassee. Tho accident occurred
on a high embankment. Tho engine and
tender remained on the track, hut the fol
lowing two coaches fell down the embank
ment, some 10 feet. They turned over on
their side. The passengers, twelve in all,
were severely shaken up, but with tho ex
ception of a few- slight cuts and bruises, all
save five escaped serious injury.
Randolph Fell, a newsboy, had his collar
bone broken, his shoulder blade fractured,
ami suffered several severe bruises.
Felix Horn, of Warren, in East Tennessee,
suffered injuries to his spine and hips.
William Macintosh, of Tallahassee, re
ceived cuts in his head.
E. 8. Crill, State Treasurer, received bad
bruises on his head, and several cuts on his
face. He also received a severe blow on his
back. These two were taken back to Tal
lahassee.
Charles F. Hopkins, a prominent citizen
of this city, received the worst injuries.
His front, teeth were knocked out and his
lips severely cut. It is feared also that he
received internal injuries of a serious
character.
Physicians aro in attendance upon the in
jured to-night. The railroad company met
the train on its arrival here with surgeons
and cots and the utmost care was taken by
them.
Conductor Wilson, who was badly in
jured in a collision near Baldwin yesterday,
was also brought in. His case Is a serious
one.
The train consisted of thirteen cars, one
combination and one passenger, an engine
and eleven freight cars. It passed the break
all right, but the following two refrigerator
cars and coaches fell over the embankment
fifteen feet, and were badly splintered. A
decayed tie yielded to the rail, which broke
in three pieces, causing the accident. In
the last coach were Messrs. Currie, Crill
and Mclntosh, all of Tallahasse, and Messrs.
Horn, Hopkins, and A. I J . Smith, of Osh
kosh, Wis., the conductor, brakeman and
newslioy. The express agent and brakeman
were in the other cars.
FLORIDA’S METROPOLIS.
Maj. Russell Charged with Depredat
ing on Timber Lands.
Jacksonville, Oct. 27.—Maj. John R.
Russell, of Olustee, was before United
States Commissioner A. R. Meex, this
forenoon, for depredating on government
lamls in Baker county. Maj. Russell says
he was preparing to buy these lands, and
had the maps all prepared, etc. No one be
lieves that Maj. Russell intentionally vio
lated tiie law.
A warrant was sworn out this morning
against the proprietress of a house of ill
fame charging her with selling liquor un
lawfully at her house. This ba.s been going
on hero for years, but this is the first time any
officer has takerucognizance of tho matter.
Commissioner Meek is bound the revenue
laws shall be enforced, and to this end lie
has been quietly working up evidence in
these cases, and lias secured sufficient to
convict a number of peojile of this class.
OVERHAULING LA VILLA.
fa Villa is having an overhauling. The
Aldermen say tiie Mayor does not enforce
the ordinances, and the Mayor retorts that
there are no ordinances, comparatively
speaking, and that the Aldermen are a set
of very incompetent officials. Mayor Bow
don, so far, seems to have the best of the
controversy.
James Bennett, 17 years old, formerly of
Savannah, the boy burglar, was convicted
in the Criminal Court here this morning
and sentenced to one year in the peniten
tiary. Another charge was pending, but it
was not pressed. Bennett took the sentence
lightly, laughing out loud as it was an
nounced. He is it ba/l boy, according to all
accounts, and thoroughly depraved.
On Friday evening there will be held at
the house of Porche- L’Engle, Esq., West
Monroe street, a supper and festival in aid
of the organ fund of Ht. Stephen’s Episco
pal church, La Villa. The ladies of St.
Stephen's Guild have been for some months
past actively engaged for this occasion.
There will lie a lavish display of both useful
and fancy article* for sale, and the refi esh
ment department has been gotten up in a
style to tempt tho most dainty palate. Sup
per will be served from stollp. m. Music
will be provided and a good time is antici
pated.
Opening of the Sobranje.
Sofia, Oct. 27.—The Sobranje was
opeued to-day. Prince Ferdinand, attended
by the civil and military officers, drova to
the chamber in state. He was received by
the people with acclamations.
A CHOLERA SCARE.
Immigrants Prom the Mediterranean
Not Quarantined.
Washington, Oct. 27. —The steamer In
dependente, from Mediterranean ports,
which touched at Palermo, a cholera-in
fected port, brought to New York over -WO
steerage passengers, who were landed iu
Brooklyn, after a day and a half's deten
tion at quarantine, and have been scat
tered abroad throughout this country.
There had been no infectious disease
on board during the passage of
twenty-two days, ami all the passengers
were well. Surgeon General Hamilton, of
the Marine Hospital service, was to-day in
terviewed on this subject, and said; “The
first information received here was t’.ie re
ceipt of a copy of a New York evening pn
per of yesterday, which contained a list of
the places whore tho immigrants from the
steamer had been sent. I immediately tele
graphed the fact to the health officers at the
places named, which I was required to do
by seetiou 4, of tho act of April 29,
1878. Responses have been received from
Chicago and Baltimore that the immi
grants are being looked up, and all the
necessary measures will doubtless lie taken
in regard to their baggage. I have similar
information from the health officer of this
city, who was advised by me that two of
the Indepeudentn’slimmigrantshad left New
York city for Washington. As to the power
of the government to restrain vessels from
infected jKirts from entering, I have to say
t hat there is undoubtedly such authority
found in tho act above cited, which requires
that regulations shall iie issued by the Hur
geou Genrral of the Marine Hospital service
and approved by tho President.”
LEFT WITH THE LOCAL AUTHORITIES.
The doctor cited precedents covering the
case. It is probable that no further action
will be taken by the United States authori
ties until a request be made by local au
thorities, as the law forbids interference in
any manner with the State quarantines.
Consequently the initial steps for Federal
action must come from local authorities
when, in their judgment, the time
for such action has arrived.
Some of the telegrams received by Dr.
Hamilton from the health officers of distant
cities are couched in very indignant terms.
The quarantine authorities in New York
have given out assurances that no danger is
to lie apprehended from immigrants on the
Independents, and they defend themselvi s
from the criticisms directed against them
in the matter of the Independent* and
Britannia, another vessel from the same
ports now under detention at quarantine,and
sustain Health Officer Smith in all he has
done, but a dispatch from New York to
night says;
“At a special meeting of the Quarantine
Commissioners this afternoon, it was de
cided to ask the Secretary of the Treasury
if ships coming from ports where cholera
prevails cannot be sent back, it being the
opinion that if that power exists, it is now
time to enforce it.”
GONE WITH SIO,OOO.
The Paying Teller of a Sub-Treaaury
in Canada.
New York, Oct. 27. —The Sub-Treasury
has now its represenative in Canada in the
person of Henry Jackson, its Paying Teller.
He lias gone with exactly SIO,OOO of Undo
Sam’s money, but there is the satisfaction
for the Treasury officials that Jackson
might h*vr ‘liken more. He did not, how
ever, h* access to the vaults, as more
strong r . concerning admission to the
vaults were made under the present Assist/
ant Treasurer. Jackson took the money,
Assistant Treasurer Canda said to-day,
last (Saturday, the day of his departure.
His cosh was carefully examined on Oct. 13,
and was found to be correct. On Oct. 17,
wlion Jackson was absent through illness,
his accounts were again goneover and found
correct. On Monday last tho discovery was
male and measures were taken to intercept
him, his default meanwhile being kept
secret. Mr. Canda said to-day:
“I know no way that has been devised to
prevent paying tellers in hanks or other in
stitutions from taking part of the money
necessarily committed to their charge if
they are dishonest. Jackson was appointed
in February, 1879, and was recommended
by several of the most influential
men in the city. Ha was previ
ously in the National Currency Bank
and other financial institutions of this
city, occupying smaller salaried positions.
When he was first appointed he was pro
moted successively until he reached the po
sition of paying teller at $3,1*00 per annum
under the present Assistant Treasurer. He
was a self-possessed and capable man.”
Jackson was not under bonds so Mr. Can
da will have to bear the loss. Mr. Canda
spoke of the default of $18,500 under Assist
ant Treasurer Millhouse several years ago,
showing that this is not the first loss of the
kind to a Treasurer.
DESPERATE CONVICTS.
They Make a Bold Break for Liberty in
Arizona.
Yuma, Ari., Oct. 27.—A desperate break
for liberty was made at the penitentiary
this morning. As Supt. (Stales was passing
through the north sallyport of the prison
he was seized by a convict and inarched out
followed by seven other convicts. One of
tho convicts rushed into the office, wrenched
open a drawer and secured a pistol. The
suiHirintendent called upon the guards to
shoot the convict holding him. Riggs,
a life convict, secured the pistol
from the escaping convict and killed the
convict wlio held and was stabbing the
superintendent. Two prisoners were killed,
one mortally and two seriously wounded.
Kupt. Gales was badly wounded. There
were no escapes.
RATES ON FLORIDA’S ROADS.
C. P. Atmore Argues Against the Com
missioners' Lowered Tariffs.
Tallahassee, Fla., Oct. 27.—The Rail
road Commission hold another meeting to
day, and arguments for and against an im
mediate reduction of rates on oranges were
beard. C. P. Atmore, General Passenger
Agent of the leuisville and Nashville rail
way, argued for a continuance of the pres
ent local jiassenger rates in Florida, because
he said no low through rates could be given
if local business occasions a loss. All the
railroads in the State have been notified
when they will be heard relative to tho
standard of rates published by the commis
sion to go into effect Dec. 1. Meanwhile
any petitioner will to heard on matters over
which the commission has jurisdiction.
In a slight railroad accident, near this
city, to-day State Treasurer Grill and sev
eral other passengers were eonsiderably
bruised, but not seriously injured.
Sharp’s Plea for a New Trial.
Albany, N. Y., Oct. 27.—The argument
in Jacob Sharp’s case was begun in the
Court of Appeals this morning. The largo
room was crowded to its utmost extent.
Oral argument was limited to two hours for
each side. Bourke Cochran, of counsel for
Shap, asked for anew trial for tho same
reasons that a stay of judgment whs asked
from the general term. Mr. Niooll will
present the case for the city.
I PRICE $lO A YEAR I
t 0 CENTS A COPY, j
RICHMOND BRAVES RAIN.
THE MONUMENTS CORNER-STONE
SUCCESSFULLY LAID.
Over kn Hour Consumed by the Pro
cession in Passing a Given Point—The
Downpour so Heavy that the Ora
tion and Poem W ere Read Indoors.
Richmond, VA.,Oct. 27.—'Theday opened
gloomy and wet, with no change in the con
dition of the weather from that which has
prevailed for three days past. The heavy
clouds which have overhung the city since
Sunday night ami have given an almost in
cessant downpour of rain remained un
broken and threatening, and Richmond’s
big day was ushered in with a misty rain,
which fell steadily, with no indication of
cessation. Despite all this, however, the jieo
ple of the city and many thousand visitors
were early on the streets, and by 9 o’clock
the moving multitude was so groat that it
was evident that Richmond's population for
the day was as large, and probably larger,
than on any previous occasion. At an early
hour the sound of martial music was hoard
in every direction, and military companies,
mounted and afoot, could be seen moving
to their respective positions preparatory to
the formation of the procession. Mounted
marshals and couriers dashed hither and
thither directing the movements of the
troops and arranging the line of march.
Before 10 o’clock the rain had ceased, but!
the clouds remained unbroken and threat
ening. The people, however, seemed not to
notice this, but had apparently made up
their minds to carry out the programme of
the day in ail its details, “rain or shine.”
visiting military.
The visiting military consist of two corps
of cadets, one from the Virginia Military
Institute,and the other from the Blacksburg
Agricultural and Mechanical College, two
regiments of Virginia infantry, three com
panies of cavalry, three companies of artil
lery, two companies of infantry from North
Carolina and one from Maryland. Besides
theso there are several camps of Confederate,
veterans from different parts of the State,
and ROD veterans of the Maryland line. The
latter arrived here this morning, ami their
appearance on tho streets, with
the Marine Band, of Washington,
at tho head of the line, created
considerable interest and they were every
where greeted with enthusiasm. Four
professors and fifty-live studeuts arrived
tiiis morning from Washington and Lee
University. Gen. R. E. l*e was at the time
of his death President of the institution and
was succeeded by his son, Gen. G. W. Custis
Lee, who is now President. Owing to the
recent illness of the latter he was unable to
participate in to-day’s ceremonies, but his
brother, Gen. W. H. F. (popularly known
as “Rooney”) Lie, and Capt. Robert E.
I*o are here. Tho only other immediate
members of the family are two daughters,
who are at present in Europe.
START OF THE PROCESSION.
A few minutes before 11 o’clock, every
thing being in readiness, the procession be
gan to move. At the head or the line, after
a detachment of Ynounted police, came the
Chief Marshal of the (fay, Gen. Wade
Hampton, riding side by side with Gov,
Fitz hugh Lee, both superbly mounted.
Then caine the Governor’s staff in brilliant
uniform and the assistant marshal. Next
in successive order came the Virginia Con
federate Veterans Camps, the Veterans of
the Maryland line, the volunteer compa
nies of Virginia, and She North Carolina
Artillery, and then all the various civic
organizations, embracing the Grand Lodge
of Virginia Masons, two conmianderies
of Knignts Templar, Blue Lodge of Masons:
the Druids; the Elks; the Junior Order of
American Mechanics; Odd Fellows and oth
er societies in regalia. The whole made such
a display us has never been before seen in
Richmond. Dense crowds packed the side
walks along the whole rout® of the march,
and the enthusiasm of the populace was
given vent in almost incessant cheers which
were increased as some favorite or famed
oaganization passed by.
AN HOUR IN PARSING.
The procession was nearly an hour in
passing a given point, the Richmond fire de
partment, with all its apparatus, bringing
up the rear. Windows and every other
available elevated place along the line of
march were filled with fieople, mainly ladies,
who cheered the wet processionists by
waving hats and handkerchiefs, and ex
pressed their pleasure in various other ways.
The scene as the head of the column marched
into the monument grounds was t despite the
drizzle, very imposing. Gen. Wade Hamp
ton ai.d Gov. Lee were riding in front side by
side as lovingly as when in other days they
commanded tne cavalry of the Army of
Northern Virginia. Tlie cavalry escort,
distinguished guests in carriages, veterans,
and military all combined to make a bril
liant pageant The tatue of Fame crown
ing I*c at the entrance of the grounds was
surrounded by about a hundred veteran in
mates of the Confederate Soldiers’ Home,
and as tho head of the line approached they
unveiled the statue and fired a salute.
TIIE STATUE.
This statue is a plaster cast of colossal
size, on an imitation granite base, designed, 1
and constructed by John A Elilen ana W.'
L. Hheppard. two of Richmond’s best known
artists, imd is a decided feature of the many
designs and decorations to be seen through
out the city. The enthusiasm of the vet
erans of Lee Camp Home wjs touch
ing to witness, and they recognized
so many of their old leaders and
comrades in line, and greeted them with the
old-time Confederate yell, which, if not as
strong as in former days, was at least as
hearty and sincere. The grand stand, to
which admission was had only by tickets of
invitation, was soon filled, while many
thousands stood in the mud and rain in as
close proximity as possible. The
Merino Band, of Washington,
played “Dixie.” “Htar Bpangled Banner,”
"Yankee Doodle,” and other popular airs,
while tho veterans, Grand Lodge of Masons
and other organizations took the places as
signed them. Despite the constant drizzle,
wnich soon increased to a hard rain, the
people held their places with amazing pa
tience. A veteran voiced the sentiments of
ail when he said: “We used to follow Marse
Bob in much worse weather thau this, and
surely we can cheerfully stand this to do
him honor.”
OPENING THE EXERCISES.
Gov. Lee called the vast assemblage to
order, and said:
Citizens and Comrades— As Governor of Vir-
Clnia I am under the law a member of the lee
[onument Association, and by the action of
tt.at Association lam its President. The duty,
therefore, devolves upon me of opening these
ceremonies, which are to mark not only an event
Ui the history of Virginia and its capital city,
But af all sections or our country, where the he
roism of Southern soldiery is duly appreciated
and remembered. [Applause] I now have the
honor of introducing to you one of Richmond’s
distinguished divines. Rev. Dr. Moses D. Hoge.
At the conclusion of tho Governor’s re
marks, Dr. Hoge, of the Presbyterian
church, who was an intimate personal
friend of Gen. R. E. I*e, in a clear and
distinct tone offered a fervent and appro
priate prayer, in which he thanked God for