Newspaper Page Text
< ESTABLISHED 1350. {
\ J. H. BfeTILL, Editor and Proprietor f
BUTLER'S POOR SHOWING
HE WAS TOO BADLY HANDICAPPED
BY FACTS TO DO MUCH.
State’s Attorney Grinnell Makes a
Strong Argument For His Side of the
Case-A Belief That the Court Will
Not Grant the Writ as Prayed For.
Washington, Oct 28.—When the United
States Supreme Court convened at noon to
day there was not quite as large an attend
ance of members of the bar as yesterday,
hut the seats provided for spectators were
all Idled and the open spaces adjacent to
the entrance of the court room were
crowded with people, who stood there
patiently until the argument in the An
archist cases was concluded. After the
usual' ceremony' of opening the court, the
Chief Justice requested Attorney General
Hunt to proceed with his argument,
which was interrupted by the ad
journment of the court yesterday afternoon.
Mr. Hunt sa'id that as lie had almost
finished his argument w hen the hour for ad
journment arrived, he would not speak
to-clay, but would give place to his associate,
State’s Attorney Grinnell. Mr. Grinnell,
addressing the court, said that it had not
been his intention to take part in the oral
argument, and that he canto here primarily
for the purpose of assisting Mr. Hunt, by
means of his familiarity with the record in
this case. He thought that by the presenta
tion of the law aud facts yesterday it was
clearly shown that there was no Federal
question involved, and that the court was
without jurisdiction to grant the writ of
error. Assignuvcfui of error in the lower
court, aud the parts of the record relating
to jurors Denker and Sanford had been
printed and were in the court’s hands. In
all the twenty r -eight assignments of error
there was no reference directly or indirectly
to the constitution of the United States, or
any of its amendments. There were some
things he said, which were here generally
conceded, aud one of them was that the
constitution itself confer no rights which
need be here considered.
SIMPLY A LIMITATION.
It is simply a limitation of the rights of
legislative power in desling with the rights
of citizens. The constitution of the State
of Illinois contains almost all the provisions
which are embraced in the constitution of
the United States. This court had settled,
he believed, the question of jurisdiction as
far as the first ten amendments are con
cerned, and also, he thought, under the
fourteenth amendment. Tne only clause
of the latter which could figure
here was that “no State shall
deprive any r ]>erson of life, liberty
or property without due process of law. ”
Whatever affects liberty and life is made
by this clause to affect also property. If
the court had jurisdiction of this case under
this provision of the amendment, thene very
State question relating to property, such as
special assessments, condemnation f prop
erty, etc., might be brought to this court
for review.
Chief Justice—Because they take property
without valuation by a jury*
Mr. Grinnell—Yes, your Honor; in some
cases they do, especially in the matter of
drainage, where the proceedings may be
before a Justice of the Peace.
Mr. Grinnell said he thought it to be con
ceded that a State Legislature had a right
to prescribe how many peremptory chal
lenges should be allowed in the formation
of a jury. The eo iir.on laws of Illinois had
been radically charged in this respect, and
both prosecutor and defendant now started
on an equal footing. Each defendant was en
titled to twenty peremptory challenges and
as the eight defendants inthis -case acted in
concert and were ail consulted,each of them
had practically one hundred and sixty per
emptory challenges before a jury was ob
tained, and the State availed it,elf of its
privilege to the extent of fifty-two challen
ges. He maintained,however, that no Federal
question would be involved even if the State
allowed only one peremptory challenge to
one side and one hundred and sixty to the
other. It was the State’s right. In this
case there were nine hundred and eighty-one
men called into the jury box and examined
in order to obtain twelve jurors.
THOSE SELECTED SATISFACTORY.
No objection was raised to any one of
these twelve jurors, with the single excep
tion of Mr. Sanford. Denker was chal
lenged for cause and after a brief examina
tion the challenge was overruled and the
defense excepted, but they then proceeded
with a further and more elaborate examina
tion of him and it is shown by
the record that after this second
examination they desired to keep
him, that they did keep him and that
they made no further exception. When
Mr. Denker was taken the defense had left
142 peremptory challenges, and they could
have used one of these challenges to get rid
of him if they had been very desirous of so
doing. They had forty-three peremptory
* hallenges left after eleven jurors had been
sworn. These forty-throe challenges they
frittered awuy frivolously, foolishly
and ridiculously for the purpose
of taking some possible advantage.
Their peremptory challenges were then
exhausted, and they hail to either take a ju
ror, or show cause why he should be re
jected. The examination of Mr. Sanford,
the last juror, clearly shows, Mr. Grinnell
said, that the defense was more ready to
take him than the State was. Not a single
juror was put. upon the defense to exhaust
their peremptory challenges. Whenever a
man said that ho had talkial with a witness
or anyone who was present at the Hayniar
kot meeting, or that he had attended the
Coroner’s inquest he was rejected for cause.
A MODEL JURY AS A WHOLE.
Sneaking of the jury as a whole, Mr. Grin
lielf said: “I wish and am constrained to
l>ay one tribute to that jury. It exemplified
American citizenship in this country more
than any jury that was ever look™ upon.
It embraced all walks of life. Three of
them earned their living by manual work.
They came front all parts of the country,
and one of them was born on foreign
soil. They wore not a class jury.
They were honest citizens with the solemn
duty devolving upon them of determining
what should be done with these men No
judge could look in the faces of that jury
without saying ‘they are intelligent, they
represent American citizenship, they are fit
t‘> l>e trusted with the rights of freemen
under our constitution.' There was not a
capitalist on that jury. They were all
commonplace small dealers and intelligent
men.” Mr. Grinned said he would chal
lenge anyone to show that a single
member of the jury was not a competent
juror, not only under the jury law of Illi
nois, but under the common law. Congress,
he said, had recognized the right of States to
make theirown jury laws. Section SOO of the
ltevised Statutes provides that “jurors to
serve in courts of the United States, in each
Slate respectively, shall have the same qual
ifications * * * and be entitled to the
same exemption as jurors of the highest
court of law in such State may have and lie
entitled to at the time when such jurors for
service in courts of the United States ore
summoned.” Almost every State in the
North, he said, now has its new jury law,
and these laws havo been sustained by the
•ighfcst State courts.
a
SEARCHING SPIES’ OFFICE.
Proceeding to the question of “unreason
able search and seizure” in Spies’ office, he
said it did not strike him as being any part
of this case. He was not here to offer any
apologies for his own conduct. He then re
cited at some length the circumstances of
the bomb throwing in the Haymarket; the
search of the Arbeit er Zeitung office, the
prying open of Spies’ desk, the finding of
dynamite and letters there, the breaking
open of Lingg’s domicile, and the finding in
his trunk of dynamite bombs precisely like
the one thrown.
Mr. Grinnell was interrupted at this point
by Gen. Butler, who said lie should want
to cross-examine him if it was competent
for him to do so.
Mr. Grinnell—You shall have that privi
lege, General.
Mr. Grinnell, resuming, said that such
seizure was not a thing which this court
could regulate. It had said in the Kerr
kidnaping case that it was not for the
court to determine how he (the prisoner) got
there. The court simply said “You are
here.” The tilings seized in the search of
these prisoners’ premises “were there,” mid
it was not for the court to determine wheth
er they were legally there. The onlj T question
was “are these things testimonyf” and that
was not an inquiry for this court. For
gery, murder and other crimes had to lie
proved, Mr. Grinnell said, by such evi
dence. “The pistol found in the ha--i of
the assassin Guiteau was forcibly taken
from him and his papers, if I remember
rightly, were overhauled. They were there
(that is in court) and it was nobody’s busi
ness how they got there. That the search
and seizure in this case, were
exceptionable search and seizure from
the point of view of the defendants I have
no doubt.” In conclusion Mr. Grinnell said:
“It strikes me from our standpoint that the
foundation of the constitution is less likely
to be impaired by refusing to grant this
writ than by granting it.”
GEN. BUTLER BEGINS.
At the conclusion of Mr. Grimiell's argu
ment, which had occupied less than half the
time to which he was entitled, Gen. Butler
rose and said that the introduction of all
this new matter (referring to Mr. Grinnell’s
recital of the circumstances and results of
searches and seizures) which was not in the
brief of the counsel, and which he had not
seen anywhere in print, would compel him
to ask for more time than had been allotted
to him; that tiiis extraneous matter must
be popular with the court, or its introduc
tion would not be permitted.
The Chief Jutice remarked that file court
could not know whether these matters were
in the record or not, but as they were stated
by the States Attorney, the court must as
sume that they were.
Gen. Butler said that he had not examined
the whole 8,000 pages, but he knew and
could demonstrate that some portion of this
extraneous matter was very different from
what appeared in the record,aud lie must ask
for more time to speak with reference to
matters of which he had not before
heard. Ho and his associates had been
taken by surprise and the lives of their cli
ents had thus been put in jeopardy.
Mr. Grinnell, interrupting, said that he
understood the counsel on the other side to
make complaint to the court that there was
indication of unreasonable search and
seizure. Their printed brief showed that a
great many things had been seized and he
(Grinnell) had simply added that other
things had also been seized.” In other
words,” said Mr. Grinnell, “we admit
seizures and we admit more seizures.”
THE POINTS OF CONTENTION.
Gen. Butler said that he would state the
points of contention, and if he stated them
wrongly he wanted to be corrected by any
gentleman who did not advocate the right
to steal men or steal their papers. After
<iescribing what happened previous to the
Hay market meeting, he said: “At that
meeting a bomb was thrown by
somebody for some purpose, and
there is not one word in these
8,000 pages of evidence to show that any one
of these men had anything to do with
throwing that bomb. There were but two
of these men within miles of that meeting,
and one hid his wife and two little children
in the very place, almost, where that bomb
was lighted. Its explosion killed a single
policeman, and within a few days all of
these men were arrested without a warrant,
committed to jail and held there without
examination and without process until they
were indicted by the grand jury, and to de
scribe a simple crime, if crime it was, the
State’s Attorney had to draw an
indictment of sixty-nine counts. Dur
ing the trial the judge allowed questions
to do asked with regard to conspiracy al
though in all the sixty-nine counts of the
indictment there was no conspiracy alleged.
He said that he was ready to Jiledge himself
that there was not a single man of the jury
selected who had not said that he had a firm
—and some of them an enthusiastic—convic
tion, opinion and prejudice against the de
fendants.” After a great deal of rambling
talk about the composition of the jury,
dissatisfaction with the record, lack of time
for preparation, the sentencing of the
prisoners in thoir absence, and that of their
counsel, the injustice done them by
“unreasonable search and seizure,” etc.,
Gen. Butler said that if all these things
could be done, “the question was to be de
bated whether this government would not
be a little better if )| were o rertumod into
anarchy than if it were to be carried on in
this fashion.
“I have no fear,” he said, “of being mis
understood on this question. I have the in
dividuality of being the only man in the
United States that condemned nnd executed
men for undertaking to overturn the law.
There were thousands of them, and for
that act, please your honors, a price wns
set on my head as though I was a wolf, and
$25,000 was offered to any man who could
capture me to murder me, by Jefferson
Davis and his associates, and w ho, if they
were at the bar trying to ascertain whether
they should have an honest and fair trial
for their groat crimes, and they called upon
me—their lives in danger—l should hold it
to be my duty to stand here and do all that
I might to defend them. That is the chiv
alry of the law, if 1 understand it, and if I
don’t it is not of much consequence, for I
am quite easily and quickly passing away.”
PRIVILEGES AND IMMUNITIES.
After some further talk Gen. Butler said
he agreed fully that the first ten amend
ments of the constitution were limitations
of Federal power and not restrictions of the
rights of States. The privileges and im
munities, however, claimed by these prison
ers were privileges inherent in each of the
citizens of the several States of the United
states, because in a vast majority were
British subjects and had certain privileges
and immunities inherited under the common
law and magna charta, and among them,
and most thoroughly known and defined,
w ere trial by jury for all high crimes, ex
emption from search and seizure
without warrant of the law, protection
from self-accusation when a witness, and
not to be deprived of life, liberty or prop
erty without due process of law. We claim
that all tlje rights, privileges and immuni
ties that belonged to a British subject under
magna charta belong to each citizen of the
United States; and that as new citizens of
the United States were made, not citizens of
States, by naturalization, these rights,
privileges and immunities came to them
as citizens of thh United States. The effect
of the fourteenth amendment was to
guarantee these rights, privileges and im
munities to the citizens of all the State®.
SAVANNAH, GA„ SATURDAY, OCTOBER 29, 1887.
The words “due process of law,” as con
tained in the Fourteenth amendment and as
used to define these guaranteed rights, mean
"by the law of the land,” not the law of a
county, province, or State, but the law of
the land, and was so understood by our fore
fathers as “due process of law.” Any
other meaning given to “due process of law”
as it is used in the Fourteenth Amendment
would make it simply ridiculous and
frivolous, because any State may enact
“due process of law” according to that
State by which a man’s life may lie taken,
and from which not a single right, privilege
or immunity of citizenship can protect him.
Any law a State may make after the pas
sage of this amendment fordealing with the
rights of citizens of the United States
becomes wholly inoperative because the
“law of the land” must forever remain
fixed as at that moment not to bo changed
in regard to its citizens without a change of
the organic law, and for some purposes not
to ever he changed.
SPECIAL QUESTIONS.
Gen. Butler proceeded W'ousideration of
the special and peculiar questions raised by
the cases of Fielder and Spies, who are
foreigners. He contended that treaties
were the supreme law of the land and that
these prisoners were entitled by virtue of
treaties with Germany and Great Britain to
all the rights and privileges of American
citizens at the t ime such treaties were made.
The State had no power to try these men by
one of its own laws, which was not the law
of tlie laud at the time the treaties were
ratified.
LAWS MUST BE RESPECTED.
He did not mean, he said, that a foreigner
could come into a State aud break its laws
with impunity and that the State could not
touch him. But he did mean that a State
could only try him in accordance with
the law of the land—the whole land—
at the time the treaty with his government
was made. This, he said was an important
question to every American citizen, because
in return for the concessions by This governr
ment in the treaty with Great Britian, the
government of that country had made a
similiar concession to the United States.
Suppose that a citizen of the United States
should go to Ireland and should make some
remarks about the advantages of a Republi
can form of government, and should lie
arrested and tried by the crimes act in
violation of the treaty. Would we not
stand up and say that this man must be
tried by a fair and impartial jury. Ho
must bo"tried as an Englishman would have
been tried at the time the treaty was made,
and that he cannot be dealt with in a more
summary way under a later law. If this
should happen, Gen. Butler said, he hoped
the English authorities would not be able to
hold up to him the decision of the United
States Supreme Court sustaining the right
to try an Englishman by the local law of a
State which was nothing but a"swamp and
howling wilderness at the time the treaty
was ratified. Returning to the rights of
States, Gen. Butler said that he was not
prepared to deny that a State might change
its organic law with the consent of all its
citizens, but such a change would not bind
the citizens of another State who had not
assented to them. After some desultory re
marks about the record and the necessity of
having it before the court, and another
reference to breaking open safes and desks,
Gen. Butler said: “There is no doubt that
the prisoners were entitled to trial
by an impartial jury —a stupid
jury, if you please—because I don’t
think a man who reads the newspapers is
any more competent to try a case—rather
worse, if he pays any attention to their
lies..” As enunciated by Chief Justices of
the Supreme Court, an impartial juror, he
said, is one who “stands in freedom of
mind, without bias or prejudice, and is in
different.” The petititioners were not tried
by such a jury, and are entitled to protec
tion under the Federal constitution. “If,”
he said, “the court is to give me jurors as
prejudiced as some of those in this
case, I had better go to the land
of the Hottentots, for they would not allow
me to be stolen and taken back to Illinois.”
[Gen. Butler’s allusion is to the kidnapping
of Ker, referred to by the counsel on the
other side in defending their search and
seizure.]
THE LAST JUROR.
In reply to Mr. Grinnall’s statement that
the record would show that the defense
were more ready to take the last juror, Mr.
Stanford, than the State was. Gen. But
ler said they were compelled to accept the
last juror. Their peremptory challenges
were exhausted and they could do nothing
else. Under these circumstances they talked
to him, and coaxed him, and tried to get him
into a state of mb.d as favorable to their
side as they could. That was what parts of
the record referred to by Mr. Grinnell
would show, and nothing more. Gen. But
ler then referred to the assertion of the
counsel on the other side, that the petition
ers had waived some of their rights through
not insisting upon them by exception or
objection at the proper time and
that, therefore, they were estopped
from asserting those rights now in this
court. He contended, however, that when
n man was on trial for his lifo there was no
such thing as waiver or estoppel. In a capi
tal offense the prisoner cannot waive, will
ingly or unwillingly, anything that will
affect the issue. In support of this conten
tion he cited the opinion of Jus
tice Shaw in the case of Dr.
Webster. The prisoners, he main
tained, could not bo barred out, because
they had not raised sufficient objections.
Gen. Butler then returned again to the “un
reasonable searches and seizures”complained
of by the petitioners, and said his associate,
Mr Tucker, had characterized the proceed
ing as “subpoena duces tecum,” executed by a
locksmith. “Why,” your honors,” he ex
claimed, “they searched under burglary,
headed by the State's Attorney, on his own
admission. No misorable policeman or half
witted constable, but the State’s Prosecuting
Attorney does the burglary, steals the papers
and says you can’t help that. Ho puts it
with a sort of triumph and yet we are told
that our immunities and privileges are not
invaded, and that the remedy is to sue for
trespass. What a beautiful remedy. Sue
the State’s Attorney, and be tried by such
laws as the laws of Illinois woidd give.
Better lie in place not to to named
for comfort ” Asa final reason
why tho writ should to granted Gen.
Butler urged that the prisoners had been
sentenced to death in their absence and
without being asked whether they had any
reason why sentence of death should not bo
passed on them. The record, be said, did
not show that thev were absent when sen
tenced, but they could prove it. The record
showed tliut tliey were present,, butthey could
prove by half Chicago that there was a mis
take. In conclusion, Gen. Butler said: “May
I, in closing, make one observation? If men's
lives can to taken in this way as you have
seen exhibited boro to-day totter anarchy,
totter to without law than with any such
law.” Gen. Butler then thanked the
court for its indulgence, and took his seat.
The Chief Justice called “Case No. 39”
(the next on the docket),the clerk announced
“ready,” and the hearing of the motion of
the Anarchists for a writ of error
was over. It seemed to to the
general impression among those who
paid the closest attention to the proceedings
In the case, that the counsel for the iState
had altogether the beet of the argument in
this court, nnd that the writ of error will
not to granted. The arguments of the
counsel for the Anarchists nave been more
ingenious than cogent. They all seem to
have adopted Ben Butler's declaration that
“Every man has a right to quibble for his
life.”
PETITIONS TO GOV. OGLESBY.
None of Those Yet Presented Comply
with the Legal Requirements.
Chicago, Oct. 28. —A special from Spring
field, Ills., says it is a curious fact that,
among nil the many communications that
have reached the Governor for aud against
clemency for the Anarchists there is but
one formal petition, and that is mailed from
a small interior town in New York. It
bears only eight signatures ami they are
are not afl residents of that place, as the
first one is William Dean Howell, editor,
Boston. The main body of all the other
literature on the Governor’s dess on this
subject consists of personal appeals and re
monstrances. It has already become a
question whether there is such a case before
the Governor in behalf of these prisoners as
he could act upon, in fact the Governor
says that no such application or petition as
is contemplated in law has been filed by
any of tiie men under sentence m
Cook county in what is known
as the Anarchist cases. The
legal provision made as to the manner of
applying requires that the application shall
be made by petition in writing to the Gov
ernor, signed by the party under conviction
or other persons in bis behalf, shall yontain
a brief history of the case, the reasons why
such pardon should be granted, and shall
also be accompanied by a statement in
writing made by the judge and prosecuting
attorney of the court in which conviction
was had, stating their opinion regarding
the case, or in the absence of a statement of
their opinion, satisfactory reasons must lie
given to the Governor why such statement
does not accompany the pardon; and,
finally, it is made the duty of the judge and
prosecuting attorney to give such opinion
whenever such petition is presented to
them. None of the legal forms have
yet been complied with. Whether
the Governor would consider the case not
conforming to these legal requirements can
only be inferred. When questioned on that
point he simply replied: “I presume the
Governor might, on his motion and without
any application, pardon out of the peniten
tiary any convict he chose, or any number
of them, and that if he did they would be
safely out, but the Governor would be
liable to impeachment.” As to the require
ment that an application must be made by
the party under conviction, it seems pretty
clear that when another person acts for the
person condemned he must act as attorney
or agent, at the solicitation of the person
condemned. In other words, the petition
must represent the actual wish of the party
under conviction. Tiie letter to the Gover
nor by Parsons, which was printed in several
of the newspapers was never mailed to him,
or at least Lie never got it, and, therefore,
officially knows nothing of it.
A POLE ACROSS THE TRACK.
Deliberate Attempt to Wreck a Pas
senger Train.
Joliet, 111., Oct. 28. —A telegraph pole
laid across the Rock Island railroad be
tween Menooka and Morris, this morning
about 3 o’clock, wrecked freight train No.
16. Engineer John Mills and Fireman Orff
were instantly killed and the head brake
man was fatally injured. The miscreants
doubtless intended to wreck, the Kansas
City express, due here at 4:20 o’clock this
morning. The passenger train was fifteen
minutes late and the freight pulled out
ahead to mn to Menooka, striking
the obstruction with the result
stated. The excitement over the
wreck continues to grow since it
lias been definitely ascertained that the ob
struction was placed on the track with the
deliberate purpose of wrecking the passen
ger train. The excitement is augmented by
a growing belief that the Swartz-Watt ex
press car murder and robbery gang planned
the crime. Large rewards have already
been offered by the Rock Island Company,
and detectives are on the ground.
TEEMER BEATS GAUDAUR.
The Victor Leads From the Start, and
Finisnes Far Ahead.
Lake Marianacook, Me., Oct. 28.—The
weather this morning was all that could be
desired, and the water was good, but the
predictions of a close and fast race were not
borne out by the result. The men were or
dered on the line at the appointed time, and
when Referee Ormond gave t e word “Go!”
they sped away in good shape. Te -mer had
made up his mind to outrow Gaudaur, and
so pulled for all he was worth. The race
for the first mile was all that the spectators
could wish, but the McKeesport sculler soon
showed his superiority over his rival, and
drew away from him. Gaudaur pulled
manfully at the sculls, and with his great
strength and skill fully brought into play
spurted again and again, ami did everything
he could to get on even terms with Teemer,
but to no purpose. The champion of Amer
ica saw him every time and went him a
little better, and won the race handily in
20 minutes and 28% seconds. Gaudaur was
half a mile behind, and paddled home
leisurely.
GROVESTEEN & PELL’S CREDITORS.
The Rome and Decatur Road will be
Pushed to Completion.
New York, Oct. 28.--About twenty of
the principal creditors of Grovesteen &
Pell met this afternoon in Eugene Kelly’s
office on Exchange Place and passed a reso
lution to lot the committee of creditors go
on and finish the Rome and Decatur rail
road, which is a portion of the assets of
Grovesteen & Pell, in order to secure a
complete title to $650,000 in bonds of the road
in the hands of the assignee. A contract was
presented at tho meeting by which tho cred
itors agree to receive bonds at 40c. in part
satisfaction of creditors’ claims. A number
of creditors signed the contract, and an
effort will to made to obtain the signatures
of all the creditors. R. L. Edwards, Presi
dent of tho Bank of the State of New York,
presided at the meeting.
A Judgment for 1111,700,000.
Richmond, Va., Oct. 28. —In the suit in
the Circuit Court of the city of Richmond,
instituted by C. P. Huntington against the
Newport News and Mississippi Valley Rail
road Company for $1,700,000, due him, the
treasurer of the company confessed judg
ment to-day. On tho oetition of Mr. Hun
tington, the court to-<lay appointed Gen.
W. C. Wickham receiver of the rood.
Alaska's Beal Fisheries.
Washington, Oct. 28.*-Edgerton Eaton,
of Connecticut, counsel for the Alaska Com
mercial Company, called on the President
to-day. He fears that the next Congress
may hot renew the twenty-year loose of the
seal privileges of Alaska granted his clients
in 1869. He is doing all that he can to pre
vent such a disaster to their interests.
End of the Sugar Plantation Strike.
New Orleans, Oct. 28.—Later informa
tion in regard to the strike on the sugar
plantations is to the effect that the difficul
ties with the laborers have been adjusted
and they agreed to resume work to-day.
GORDON AT CINCINNATI.
HE MAKES HIS FIRST SPEECH IN
THE CAMPAIGN.
The Claim of the South to Loyalty to
the Union Eloquently Vindicated
Penial of the Truth of the Political
Cry About the Oppression of the
Negroes.
Cincinnati, Oct. 28.—John B. Gordon,
Governor of Georgia, made his first speech
in Ohio to-night in the Democratic State
campaign. It was at the Highland House
Esplanade to an immense audience. In vin
dication of the claim of the ex-Con federate
to loyalty, he said:
In the great city of Augusta, on an occasion
wheu wo met to do honor to our dead comrades
about their graves, to cover them with fragrant
flowers, l said this, pointing to the banner of
my country, which hung overhead: “Here
hangs above us the Hag of this Union. Let us
honor it as an emblem of freedom, of equality
and of unity, remembering that there is not a
star on its blue field which is not made brighter
by the light, reflected from the Southern skies,
nut a white line in its folds but is nuuU*
whiter and purer by the Souths
incorruptible record in office, not one of its
crimson stripes that is not deeper and richer
from Southern blood shed in its defense in
every war with foreign powers. I am not here
to talk new doctrines. 1 want to say to you
again that before the guns had ceased their
terrific roar at Appomattox. I began this style
of talk, and in the South, in the Senate, in
Boston, in Charleston, across the Atlantic,
everywhere, 1 have been appealing for peace
and unity, and concord, as the surest legacy for
our children to inherit. [Applause.]
NEGROES NOT OPPRESSED.
Let me mention another charge that has been
used with some effect. I presume in this State,
sought to he fixed upon the Northern mind to
win'votes against the South. Let us see how
much there is in it. The charge is that v*e op
press the colored people, and 1 have some tre
mendous things to say about that. Will you
hear me? [Criesof “Yes."] These people were
in slavery. How they got there it is not neces
sary for me to say to-night. History will
tell you about that. We found it in our midst.
It came to us as au institution. We love thow*
negroes. l>o you l>elieve that? liet me give
you the facts about it. We love them, and why ?
They were part of our household. Tin* negro
l>oyß on my father's plantation were the play
mates of my youth. The only fights that 1 can
recall that I hail in my youth were bat
ties for insults, as I conceived them to
lx*, to my colored playmates around
me. [Applause.] <>n my own place to-day out
in the country there is not one white soul, not
one. My furniture, my lands, my all, is in the
hands to-day, aud has been ever since I have
1 M***n Governor and while I was in the Senate, in
the hands of colored people. Who are they?
My old servitors. Among them Isold “Mauina,”
pardon the expression, as we call her, now near
ing 90 years of age. Upon her bosom slept
seventy years ago the mother of my wife, later
my Wife her.sell. liter still every one *t my
children, and later still my gratidcuil
dren—-four generations—the memories of
all hovering around that clear
old form. Why, sir, if you could have
seen the grieving of the wife of my bosom to
that decrepit old black woman when she was
called tb the bedside of that old black woman a
few weeks ago, where old mauma was lying ill
the strongest man among you would
have been moved to tears. They have
in their possession, those black people, all I
buve in the work! and 1 feel as absolutely secure
at this moment as though I were down there
watching their every act. llow conies that?
Did we oppress them when they were slaves! It
was a law is inexorable as the law of the Modes
and Persians that tiie man who treated
his slaves unkindly was debarred
from decent society. [Applause.J Ik that so?
Well, let us come to the proof. We went to
war some years ago, and some of you will re
inember something about it. We had a fight.
Everybody knew if the South was defeated t hese
slaves would be made free men and free women
and they knew it. They wanted to l>e
free. Oh. yes; there is no doubt about that.
They longed for their freedom. Were they
oppressed? If they had been wouldn't they
have struck for their freedom when they could?
The North enlisted, and was justified In doing
it, a few regiments of blacks to fight against us
in the old South, if we had proclaimed their
freedom at the beginning of that war we could
have enlisted every one of them to a man in
our defense. [Aralause.J
AN ALABAMA
He Shoots One Detective and the Fate
of Another Is Unknown.
Montgomery, Ala., Oct. 28.—Sink
Buckelew is an outlaw in Cham
mbers county, convicted of murder.
Ho has been at large and Ims made
fame by his tricks to avoid arrest and
bis boldness. At one time he is wild to have
mot in disguise a posse in search of him and
conducted them to a place where he in
formed them Buckelew could bo found.
A reward of S4OO was offered by the Gov
ernor for his arrest. A special to the Ad
vertiser from Lafayette says that yesterday
afternoon two detectives named Scarbrough
and Brown went to a house where Buckele w
was known to bo. As they approached the
outlaw shot Scarbrough in the nock and
head, killing him. Brown went in the
house, and fifteen shots were heard between
him and Buckelew. Whether both, or
either were killed is not known, as the place
is off in the country. A surgeon has gone
to the scene.
NEGROES IN A FIGHT.
One Whips Out a Knife and Gives the
Other a Couple of Bad Wounds.
Columbus, Ga., Oct. 38. —The particulars
of a difficulty which occurred down the
river Wednesday leaked out to-day. Wil
liam Berry and Tom Coleman, both colored,
left this city early Wednesday morning in a
bout bound for a fishing excursion down the
river. Both negroes had a good deal of
whisky alioard, and alKiut three miles down
tho river engaged in a dispute. The quarrel
waxed warm and Coleman picked up his
gun and made some threats. Berry told
Coleman that if he would lay down his gun
that he would fight it out fair, fist and
skull. Coleman agreed to this, and the two
men prepared for combat. Berry
struck Tom with his fist, knocking
him down. Coleman arose, jerked out his
knife and stabbed Berry twice, once in the
back and once in the bowels. The wound
in the back is ugly, hut not dangerous,
while the one in the bowels is of a more
serious nature, with the chances just a little
in favor of his recovery. After the difficulty
the wounded man managed to walk to this
city, where he received medical assistance.
Nevada and Utah’s New Bishop.
Philadelphia, Pa., Oct. 28. —The House
of Bishops of the Protestant Episcopal
church to-day elected Rev. Abiel Leonard, of
Atchison, Kan., missionary bishop of the
New Jurisdiction o Nevada and Utah, and
Rev. J. S. Johnson, of Mobile, Ala., mission
ary bishop of Western Texas. Alaska has
been made a missionary jurisdiction, but
the election of a bishop for that Territory
was postponed until tho next meeting of the
house.
Postal Ratos Advanced.
New York, Oct. 28.—The officials of the
Postal Telegraph Company bavo formally
announced that as a result of a conference
yesterday the rates of the Postal Company
will bo advanced to the Western Union
standard on all messages under 25c., and
where the standard is higher than that fig
ure the competing companies will make a
slightly lower rate. The advance will take
effect on Nov. L
GREVY'S THREAT.
He Will Resign if the Inquiry Against
Wilson is Pressed.
Faius, Oct. 28. —A number of newspapers
here assert that M. Wilson has sent to the
Ministry of Finance 4,G00f. to cover post
age on matter he franked with President
Grevy’s stamp during the time he resided at
the palace of the Elylete. M. Wilson has
taken a private house, and is removing his
effects from the palace.
This evening President Urevy at the Cabi
net counsel intimated that he would resign
if an inquiry were instituted in M. Wil
son's alleged connection with the decoration
scandal.
President Grevy this evening summoned
M. 1 Ajrager and M. Ploquet and informed
them that he did not object to M. Wilson
being tried in the regular way for any of
fense, but that ho must object to the sys
tern of blackening his son-in-law’s charac
ter, not only through the Committee of the
Chamber, embracing numerous personal
enemies and representing party hatreds.
The committee, lie said, was usurping the
functions of a judge and a jury.
Seeing the spirit in which it had
been formed he had decided to resign.
While lie thought he enjoyed the confidence
of Parliament nothing could have made him
take such a step, but lie was unable to re
main in the Elysie with a broken up family,
diminished dignity, and his son-in-law on
trial before an irregular tribunal which had
no power except to blacken character and
torment. M. Floquet assured the President
that the Chamber held him in undiminisbed
respect, and urged him to over
look its hasty and unconsidered ac
tion and to reconsider his decision to
resign. Finally it was arranged that
President Grevy await the report of the
committee.
Jlme. Wilson is still at the Elysee with
her daughters.
At a meeting of the Right a motion by
De Cassagnnc to exact from the govern
ment an attitude in conformity with the
declarations of the President of the Council
was carried unanimously.
This is regarded by the Republicans as an
insolent demand ami one that is likely to
lead to the Right resuming the position of
antagonism to tbo government.
BANQUET AT PARIS.
The Feast in Celebration of the Statue
on Bedloe’s Island.
Paris, Oct. 28. —A banquet was given in
this city to-day in celebration of the anni
versary of the dedication of the statue of
“Liberty Enlightening the World” in New
York harbor. Messrs. McLane ami Hlaine,
M. Spuller, Minister of Public Instruction,
Col. Lafayette and Col. Lichtenstein, of
President Urevv’s military household, were
present. The invitations were issued in the
name of Count De Lesseps. The mem
bers of the Franco-American Club
attended. The banquet was a brilliant af
fair. Mr. Blaine occupied the seat of honor
on the right of the chairman, M. Spuller.
The latter in proposing the health of Presi
dent Cleveland, referred to the honor done
tho Assembly by the presence of Messrs.
McLane ami Blaine, and expressed the hope
that France would walk in tho
footsteps of her sister, America. Mr.
McLane,, who responded, said that France
had no cause (to envy America. He paid
a tribute of respect to the talent of Blaine,
and concluded by proposing the health of
President Grevy. In addition to the guests
previously mentioned, there were pre
sent Admiral Jaures, Count Dillon, M.
Dietz, M. Monin, M. Eiffel and others.
ANGLO AMERICAN COPY-RIGHTS.
Mr. Gladstone Writes a Letter on the
Bubject for the Century.
London, Oct. 38.—The Nineteenth Cen
tury for November publishes an article on
the Anglo-American copy-right which con
tains a letter from Mr. Gladstone in which
he says that the literary question tends
within a limited, but important sphere to
disagreeable friction, but if it were once ad
justed it would give some motion to an
agency of unmixed good, and would have
an immense effect in promoting moral and
social union. The article also contains a
letter from the son of Lord Tennyson in
which he says that the poet would support
a proposal coming before the Interna
tional Copy-right Congress to allow
English authors 10 per cent, in the retail
price of their works sold in the United
States. For a number of years, bo con
tinues, his father has not received a penny
from America, though the sale of his poems
has iioen large. Formerly he had received
small sums from that source and his friend
Fields, of the firm of Ticknor & Fields, of
Boston, had promised him a liberal annual
ineome, but owing to his sudden withdrawal
from the firm the promise fell through.
EARL SPENCER SPEAKS.
He Distinguishes Between the Differ
ent Factions In Ireland.
London, Oct. 28. —Earl Spencer, speak
ing at Bedford to-day, said there was no
doubt that there was extreme men in both
England and in Ireland who were ready to
commit dynamite outrages in order to effect
the r purpose, hut nothing was more mis
chievous than to attempt to confuse the
Irish in one body by mixing up the party of
Mr. Parnell with the dynamiters. [Cheers.]
lie was happy to think that such efforts had
failed. The ramellites had no greater ene
mies than O’Donovan Rossa and his crew.
[Criis of “Hear, hear.”] If the Liberal
policy of conciliation prevailed it would end
these abominable crimes, but if coercion
prevailed for any length of time he said the
greatest danger from secret societies and ex
tremists with their dynamite coming to the
front. The present Liberal policy was not
founded on despair, unless it were despair of
old worn out methods. It was a policy
bright with hope in the future, and with
confidence in the result of reliance in the
Irish people by throwing upon them the re
sponsibility of governing their own country.
[Cheers.]
Chamberlain’s Mission.
London, Oct. 28.—The Standard, refer
ring to the attacks on Mr. Chamberlain,
says: “Irishmen before now have found to
their cost that their aspirations will not be
allowed to interfere with civil order in
America. It will lie something new if an
other wise and satisfactory arrangement
shall bo rejected because it clashes with
Irish predictions, nor ought it to be for
gotten that the decision of America’s for
eign policy practically lies with the Henate,
in which Irish wirepullers have no over
powering influence. We are hopeful, there
fore, that Mr. Chamberlain will be success
ful in his mission.”
AN IRISH RALLY AT CHICAGO.
Chicago, Oct. 28.—The Irish meeting
held at Battery D Armory this evening
was an immense gathering of About 10,000
Irish and Irish-American citizens to hear
Arthur O’Connor and Sir Thomas G. Es
monds on home rule in Ireland. The meet
ing was presided overby Judge Moran, of
the Appellate Court of this city. Both
guests and several others made speeches.
Hanged at Herat.
London, Oct. 28. —Gen. Nur Mahomed,
the companion of Ayoub Khan in bis flight
from Tehran, has been captured and pub
licly hanged at Herat. ,
I PRICE 810 A YEAR I
1 ft CENTS A COPY, f
CHOLERA'S 810 CHANCE.
THE EXPOSED IMMIGRANTS SCAT
TERED IN MANY CITIES.
Thirteen Pound at Chicago and On*
at Baltimore- Their Baggage Will be
Burned or Disinfected —No Telling
Where the Hundreds of Other
Immigrants Are Now.
Chicago, Oct. 2#.—Health Officer Dr.
DeWolf sent the following telegram this
morning:
Hamilton, Surqrnn Grvfral, Waihtnqtan, P.C.:
I have found thirteen of the immigrants re
ferred to yesterday. All are well I have found
eight packing eases ami six bundles of bedding
and elotliing. nil packed, within twenty one
ndles of I'alermo. and not opened at New York -
1 shall disinfect or burn. In view of the above
faeta and the experience of 1*7.3. what value was
the statement of the New York quarantine nfll
cers that no danger was to ho apprehended
from the Independent**
Oscar C. DeWolf,
Commissioner of Health.
In I*7ll, to which the Doctor refers, the
New York office stud precisely the -ama
thing ns in this instance. Home of the im
migrants at, that time drifted to New Or
leans and others to Minnesota, and cholera
broke out the following spring, caused by
clothing. The other Italians have not been
found.
DANGER IN THE BAGGAGE.
Washington, Oct. 28,—Dr. Hamilton.
Surgeon General of the Marine Hospital
Service, said to-day t hat it is not suspected
that any of the Indepeudente’s passengers
have cholera, but the danger is in the bag
bage, which came from infected ports. He
did not think the short, time that the bag
gage was detained at New York would per
mit thorough fumigation and every effort
will be made here as well as in other cities
to locate the scattered passengers, in order
that their baggage mav he thoroughly fumi
gated. The local authorities have as yet
been unsuccessful in two Italians
who were said to have come to Washington
after lauding in New York from the lnde
pendente. Health Officer Townsend thought
there was no cause for alarm if the men did
come here but that, it was well to know
where they were located.
ONE FOUND AT BALTIMORE.
Baltimore, Oct. 28. —The authorities to
day discovered that Ouiseppe Spognalo, an
Italian who reached New Y ork on Oct. 15,
from I’alermo on the Independente, was
living in this city with his brother-in-law.
Health Commissioner McHhone hunted him
up and burned Ids effects after fumigating
the room in which Mpognaln has slept.
DEMANDS OF THE PRINTERS.
The Employers Have Virtually Al
ready Won at New York.
New York, Oct. 28. —Although it was
generally lielieved that the strike of the
Iwok and job printers was practically ended
at their meeting last night, more than half
of the strikers were still idle to-day. Their
places in some instances have been filled by
non-union men, whom the employers will
not discharge, ami in other cases the em
ployers are touching those who left them
with the w hip of discipline. Forty-six out
of eighty-four men returned to Devinn’s
office to-day. There is said to be work for
no more at that place. About eighty have
gone back within two days, having given
up their principal contention, which waa
that all the offices be made union offices,
CHICAGO’S TYPOS.
Chiccoo, Oct. 28.—The Typographical
Union last night voted to restrict a day s
labor to nine hours, with no reduction in
pay. A meeting of employing printers was
held this afternoon, at which a letter an
nouncing this action on the part of the
union was laid on the table and u resolution
passed to resist the demand to the bitter end.
A pledge was signed by every employing
printer, agreeing to stand by the resolution.
A strike on Nov. 1 by the job printers of
Chicago may bo tbe result.
KILLED BY EXPLOSIONS.
Two Accidents ot a Bimilar Naturts
Chronicled.
Cleveland, 0., Oct. 28.—A terrible ex
plosion, resulting in the instant death of
two men and the serious injury of five
more, occurred at about 3 o’clock this after
noon, at the works of the Topliff Carriage
Hardware Company, at the East Prospect
street crossing of the Cleveland and Pitts
burg railway. The principal thing manu
factured by this Arm is a patented bow
socket for buggy tops. The sockets are
dipped in Japan varnish and then dried in
oYens. One of the ovens exploded to-day
with great force. John Buchner, a boy 18
years old, and Alfred Stembrook were in
stantly killed and horribly burned.
This evening the boilers in Holkens’ Are
brick works, at Mineral Point, 0., exploded
with terrific fori*, fatally scalding four
persons and seriously injuring Ave others.
The head of one of the boilers was found 200
yards from the works. The cause of tha
explosion is not given.
Chinese Integrity.
Washington, Oct. 28.— The Secretary of
State is in receipt of a note from the Chi
nese Minister here, returning, by direction
of his government, a portion of the Hock
Springs indemnity lately appropriated by
Congress, which represents the amount of
six claims which, in the distribution of the
appropriation, have been ascertained to be
duplications. Secretary Bayard has appro
priately acknowledged this honorable action
of the Chinese government, and tire amount
so refunded will be covered into the Treats
ury.
Supt. Gates Dying.
Yuma, ARi.,Oct. 28.— Supt. Gates, who
was assaulted by a ntimher of convicts in
the penitentiary yesterday, is in a danger
ous condition and will probably die. Four
of the convicts were killed by the guards.
A petition to the Governor is being largely
signed for the pardon of Convict Riggs,
who shot the convict who was stabbing
Supt. Gates. Three of the killed convicts
were in for long terms, and one for grand
larceny.
Continuing a Stay of Proceedings.
Cincinnati, Oct. 28.—The Circuit Court
announced its decision in the Cincinnati,
Hamilton and Dayton case to-day, which
was simply to continue the present stay of
proceedings under the decree of Judge Van
deveer, of the Butler Common Pleas, until
a full hearing can be had by ttiis court.
Thursday of next week was designated as
the day for the hearing to begin.
Francklyn Gives $260,000 Ball.
New York, Oct 28.—0n application of
the counsel of C. G. Francklyn, who was
arrested in a suit for $3,000,000 brought by
his cousin. Sir Bacho Cunard, Judge Dono
hue to-dav reduced his bail bond, from $600,-
000 to $250,000, the counsel for the piantilT
offering no objection. Bail was given and
Francklyn released.
Registration In Gotham.
New York, Oct. 28.— This has been the
third day of registration in this city, and
and thus far the registration aggregates
85,194.