The morning news. (Savannah, Ga.) 1887-1900, October 28, 1887, Image 1

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, 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