The morning news. (Savannah, Ga.) 1887-1900, November 03, 1887, Image 1

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t ESTABLISHED ISAO I i ,s. H. ESTII.L, Editor and Proprietor v A WRIT OF ERROR DENIED the supreme court announces ITS DECISIONS. Every Point Raised by the Defense Overruled— Some of the Points Not Heviewable by the Court The Jail at Chicago Closed to Visitors. W ashingtox, Nov. 2.—'The decision of the United States Supreme Court upon the petition for a writ of error in tlio case of the Chicago Anarchists was announced this afternoon by Chief Justice Waite. The ( hief Justice began the reading at 12:0o and finished it with the announcement of the denial of the writ at 12:40 o’clock. The decision of the court was unanimous. Follow ing is the text of the opinion, omitting fome of the citations of precedents. Supreme Court of the United States, October terra. 1887, ex parte. In the matter of August >pies. Michael Schwab, Oscar Neebc. Samuel Melden. Albert R. Parsons. <ieorge Engel. Adolph Fischer and Louis Lingg. petitioners, application for the allowance of a writ of error to the Supreme Court of the State of Illinois, Mr. Chief Justice Waite delivered the opinion of the court: when, as in this case, application is made to us on the suggestion of one of our number, to whom a similar application has . -iy addressed for the illowanoe of a writ of error to the highest court of a State, under section 70ft of the Revised Statutes, it is mir duty to ascertain not only whether any question reviewable here was made add decided in the proper court below, hut whether it is of a character to justify us In bringing the judgment here for re-examination. In our opinion the writ ought not to be allowed by the court if it appears from fact of record f nat the decision of a Federal question which is complained of was so plainly right as not to re quire argument, and especially if it is in accord auce with our own well considered judgments in similar cases. When under section 5 of our rule fi a motion to affair is united with a motion to dismiss for want of jurisdiction, the practice has been to grant the motion to affair when the question on which our jurisdiction depends was so manifestly decided right that th** case ought not to be hefd for further argument. The pro priety of adopting a similar rule upon motions in open court for the allowance of a writ is ap parent, for certainly we would not he justified as a court in sending out a writ to bring up for review the judgment of the highest court of a State, when it, is apparent on the face of the record that it. would be our duty to grant the motion to affair as soon as if was made in proper form. Tn the present case we have had the benefit of argument in support of ibe applicat ion, and while the coun sel hare not deemed it their duty to go fully in 10 the merits ot the questions involved, they have shown us distlnctly)what the decisions were ot which they complain, and how'the question arose. In this way we are able to determine as a court in session whether the errors alleged are such as to justify us in bringing the case here for review. We proceed, then, to consider what the questions Are on which, if it exists at all. our jurisdiction depends. The particular provisions <*f the constitution of the United Btat**s on which the counsel rely are found in articles 4, S. 6 and 14 of the amendments. (These amendments Are here quoted). That the first ten articles of the amendment were not intended to limit the powers of the 'ate governments in respect to their own citi ;ens. but to operate n the national government alone, was decided more than half a century iigo, and that, decision has been steadilj-adhered to since. After citing a long list of precedent deci sions, the court proceeds to say: It was contended, however, in the argument that ‘though originally the first ten amend ments were adopted as limitations on Federal power, yet in so far as they secure and recog nize the fundamental rights - common law rights—-of man, they make them privileges and immunities of man as a citizen of the United Mates and cannot now be abridged by the State under the fourteenth amendment. In other words, while the ten amendments as limitations on power only apply to the Federal government ana not to States, yet in so far as they declare or recognize t-he rights of persons, these rights ar* theirs, as citizens of the United States, and the fourteenth amendment as to such rights limits State power as the ten amend ments bad limited Federal power.'’ It is also contended that the provision of the four teenth amendment, which declares that no State shall deprive ‘any person *>f life. liberty or property without due process of law,*'implies that every person • barged with crime in a State shall he entitled to trial by an impartial jury, and shall not be compelled to testify against himself. The ob jections are, in brief: I That, the statute of a Slate as construed by the court deprived the petitioners of trial by an impartial jury, and 2. That Spies was compelled to give evidence against himself. Before considering whether the constitution of the United States has the effect which is claimed it is piopor to inquire whether the Fed eral questions relied on In fact arise on the fact of this record. One statute to which objection is made was approved March 12, 1814. and has l e-in in force since July 1 ot' that year. The complaints that the trial court, acting under t his statute and in accordance with its require ments. compelled the petitioners against their will to s ibiuit to tril by a jury (hat was not impartial, and thos deprived them f one of the fundamental rights which they bad as citizens of the United States under the national constitution, and if the sentence of the • ourt is carried into execution, they will be df pnved of their lives. “without due process of hiw. in Hopt va. Utah. 120 U. S., 43ft. it was '‘Scided by this court that when a challenge by a defendant in a criminal action to a juror for bias, ictual or implied is disallowed, au.l the juror is thereupon peremptorily challenged by the do- Undant and excused and an impartial and com petent juror is obtained in his place no injury "as done the defendant, if, until the jury is completed, he has other peremptory challenges " hich he can use. " And so in Hays vs. Missouri, 120 U s , 71, it was said "the right to challenge is the right, to reject, not to select a juror. If From those who remain an impartial jury is obtained, tb * constitutional right of the accused U mam tnined.' 1 Of the correctness of these rulings we enter* ■•ini no doubt . We are, therefore, confined iu t his case to rulings on challenges to jurors who actually sat, at the trial. Of these there were but two. Theodore Denker, the third juror who "as sworn, and H. F. Sanford, the last who was • ailed and sworn after all tin* peremptory chal lenges of the defendants had been exhausted At the trial the court construed the statu to to mean that “although a juror called as a jury man may have formed an opinion, based upon rumor or upon newspaper statements, but has expressed no opinion as to [lie truth of a newspaper statement, l ,r> is still qualified as a juror and he states that he can fairly and impartially render a verdict thereon in accordance with the la w and evidence, and the court, shall be. satisfied r T the truth of such statement. It is not a test, question whether a juror will have an opinion " birh he has formed from newspapers changed by evidence, but whether his verdict will bo ba***d only upon account which may here be given by* a witness under oath.” Inter I're Led in this way the statute is not materially different from that of the Territory °f Utah [■ hich we had under consideration in Hopt vs. I tab and to which we then gave effect. As that was a territorial statute passed byaTerrito rial Legislature for the government of a territory over which the United States bnd exclusive jurisdiction, it came di rectly within the operation of article tt of ’he amendments, which guaranteed to Hopt i rial by an impartial jury. No on* 4 at t hat time sug gested doubt of the constitutionality of thestat dto and it was regarded both in territorial courts end here. o? furnishing a proper rule to be oh observed by a territorial court in empanelling an Impartial jury In a criminal case. A similar statute was enacted in New York, "ay 3, 1872; in Michigan April 18. 1 H 7, and also hi in 1886. The constitutionality of ' lie statute of New York was sustained by the '.Wtof Appals of that State in Stokes vs. 'h*' People, decided June 10, 1*73. and it has b°*o acted upon w ithout objection ever since. • 0 far as we have been able to discover, no Joubt has ever entertained in Michigan or N "braska, of the constitutionality of the stat utes of these States respectively, but they have always been treated by their Supreme Courts ** valid, both under the constitution of the 'nited States and that of the State. Indeed, ’be rule of the statute of Illinois, as it was con •riued by the trial court, is not m&teri different from tha hfrh fp].c ilurning f has hewn adopted by courts in many of the States without legislative action Without pursuing this subject further it is sufficient to say that we agree entirely with the Supreme Court of Illinois in the opinion that the statute on its face as construed by the Jtrial court is not repugnant to section 9of article 80l tbs constitution of that state, which guar antees to an accused party in every criminal prosecution speedy trial by an impartial jury of the county or district in which the offense is alleged to have been committed. As this is substantially the provision of the con stitution of the Tinted States on which the pe titioners now rely, it follotvK that even if their posit ion as to the operation and effect of that constitution id correct, thestatute is not open to the objection which is made against it We proceed then to consideration of the grounds of challenge to Jurors Denker and Sanford to pee if in thn actual administration of the rule of the Statute by the court the rights of the defendants under the constitution of the United States, were in any way impaired. 'Pile court then gives extracts from the examination of Denver by the defense, says he was challenged for cause by the defend ants, but before any decision was made thereon lie was questioned by the court, and the court’s examination is appended. The opinion continues* The court thereupon overruled the challenge, but before the juror was accepted and sworn, he was further examined by the counsel for the defendants. [This examination also re printed from the record.] The court then says that the examination of the juror by the counsel for the defend ants closed and be was examined by the at torney for the State, and citations are given from "the questions and answers in this ex animation. The opinion continues: At the close of the examination neither party challenged the juror peremptorily and he was accepted and sworn. When this occurred it is not denied that the defendants were still en titled to 143 peremptory challenges, or about that number. When Juror Sanford was called he was flrstexamined by t he counsel for the de fendants [The examination is here quoted.l At the close of this examination on the part of the defendants the juror was challenged on their behalf for cause, and the attorney for the State, after it was ascertained that all the peremptary challenges of the defendants had been exhausted, took up the examination of the .juror. (The result of this examination is given, as is the ruling of the court denying the challenge to overrule for cause and slat ing t hat as the peremptory challenges of the defense are exhausted Sanferd is a juror to try the cas*.j So far as the other defendants are concerned. ‘‘This was accepted by both parties.” the court says “as a true statement of the t hen condition of the case,” and after some further examina tion of the juror, which elicited nothing of im portance in connection with the present inquiry, i:o peremptory challenge having been inter posed by the State, Stanford was sworn as a juror and the panel was thus complete. This. so far as we have been advised presents all there is in the record which this court can consider touching the challenge of these two jurors bv the defendants for cause. In Reynolds vs. the ftnited States, 98 U. S.. 145 to 156, it was decided by this court that in order to justify a reversal of the judgment of the Supreme Court of the Territory of Utah for re fusing tr> allow a challenge to a iuror in a crimi nal case on the ground that ne had formed and expressed an opinion as to the issues to be tried. it must lie made clearly to appear that upon the evi dence thf* 4-ourt ougnt to have found that the juror had formed such aa opinion that he could not in law hi* deemed impartial. The case must be one in which it is manifest that the law left nothing to the conscience or discretion of the court. If such is the degree of strictness which is required in ordinary cases of writs from one court toanother in the same general jurisdiction, we ought, to be careful that it is not at all relaxed in a ea*e like this when the ground relied on for a reversal by this court of the judgment of the highest court of a State is, that the error complained of is so great as to amount in law to a denial by the State of trial by an impartial jury to one who is accused of crime. We are unhesitatingly of the opinion that no such case is disclosed hv this record. We ome now to consider the# objection that defendant Spies was compelled by the court to l>e a witness against himself. He voluntarily offered himself as a witness in his own behalf, and by so doing he became bound to submit himself to proper cross-examination to the State, whether he had received a certain letter which was shown, purporting to have been written hv Johann Most and addressed to him,and upon his saying that he had. the court allowed the letter to re in evidence against him. This, it is claimed, was not a proper cross examination. It is not 4'onteridea that the sub ject to which the cross-examination related was not i>ertinent to the issue to be tried, and whet her the cross-examination must, be confined to matters pertinent to the testimony in chief, or may he extended to matter in issue is cer tainly a question of State law In the courts of a Slate, and not of Federal law. Something has been said in the argument ab' ui an alleged unreasonable search and seiz ure of paper* and property of some of the de fendants, and their use in evidence on the trial of the case. Special reference is made in this connection to the letter to Most about which Spies w as* toss examined, but we have not been referred to any part of the record in -which it appears that objection was made to the use of this evidence on that account, ami upon this point the Supreme Court of the State in that jurtof its opinion >Vhich has been printed with this motion remarks as follows: “The ob jection that the letter was obtained from the defendant by an unlawful seizure is made for tin- flrsl time in this court, it was not made on the trial in the court below. Such /an objection a-< this, which is not suggested by the nature of the offered evidence but de pends on proofs of an outside, fact, should have been made on the trial. The defense should have proved that the .Most letter was one of the letters illegally seized by the police. and should then have moved to exclude or impose its ad mission 4)ii the ground that it was obtained by such illegal seizure. This was not done, anrl, therefore, we cannot consider the constitutional question supposed to be involved.” Even though the court was wrong in navi ns that it did not ap pear that the Most letter wasone of the pa pers illegally seized, it still remains uncontra dicted that ito objection was made in the trial court to its admission on that account. To give us jurisdiction under section 70U of the Revised Statutes, because of a denial by a State court of anv title, right, privilege or immunity claimed under the constitution, or any treaty or statute of the United States, it must appear that such title, right, privilege or immunity v.as 'spec,, ially set up or claimed ' at the proper time and in the propel 1 way. To he r**t iev.able the de cision must be against rights so set. up or claimed. As the Supreme Court of the State was reviewing the decision of the trial court to make (he question review-able here.it must appear that the claim was made In that court because the Supreme Court was only author zed to review- the judgment of that court for errors committed there, and we can do no more. This is not as scents to he supposed by one of the counsel for the petitioners, a ques tion of waiver of right under the constitution, laws or treaties of the United States, tint a question of claim. If not set up. or claimed in the proper court below, the judgment of a State court in an action is conclusive, so far as the right of review here Is concerned. The. question whether llie letter, if obtained as claimed, would have been competent evidence is not before us. and therefore no foun natiou is laid tinder Ibis objection for the exer cise of our jurisdiction. As to the suggestion by the counsel for petitioners. Spies and Ftelden, that Spies having been born in Germany and Kieldcn in Great Britian. they have lieen denied by the decision of the court below rights guar anteed to them by treaties between the United States and their respective coun tries. It is RiitUrient to say that no such questions were made and decided in cither of the courts below, and they cannot be raised in this court for the first time. \*. e have not been referred to anv treaty, neither are we aware of a nr under which such a question could be raised. Being of the opinion therefore, that the Fed era I questions presented by the counsel for the petitioners, and w hich they say they desire to argue, are not in fact involved ir the determi nation of the raw as it appear* on the face of the record, we deny the writ. TO TURN TO GOV. OGLESBY. The counsel for theJAnarcliifta had noth ing: to sav to-night except t hat they did not agree with the Supreme Court. Mr. Solo mon followed Capt. Black, who left Monday for Chicago, to-night All the afternoon Mr. Solomon s|ent with John Randolph Tucker. Of courw there la nothing to be done except to turn to Gov. Oglesby. This the counsel for the Anarchists will do, whether all their clients deair# it or not SAVANNAH, GA., THURSDAY. NOVEMBER 3, 1887. IN THE JAIL AT CHICAGO. Relatives o! the Doomed Men Flock to See Them. Chicago, Nov, a.— Within fifteen minutes after the decision of the Supreme Court was knoWn to-day eight or ten officers in citizens’ clothes appeared at the jail. Two of them stepped quietly into the jail and the others disposed of themselves in the Criminal Court buildiug and about the neighborhood. Without any previous in timation the rule debarring visitors from the jail was quickly put into force and no one was allowed to enter the building during the afternoon except offi cers, reporters and relatives of the Anarch ists. As soon as the news from Washington had generally circulated through the city there was a rush of miscellaneous people to see the condemned men before it was too late. They entered the Sheriff's office in droves, but the latch string bad been with drawn. Loud aud long were the expostula tions, but the burly deputy who guarded the way to the jail yard was as obdurate as the prison walls. Friends of the doomed men bearing baskets of delicacies for them begged admittance. The dainties were passed in, but only relatives gained entrance. Sheriff Watson said: I don’t want to make any fuss about It, but the visits of other Anarchists have got to stop. Henceforth the doomed men will not oe allowed to have any more recreation hours. Person ally. I would like to grant, them all the favors I could, but I don't think it would be wise to do so. It may seem foolish and perhaps it is foolish, but I don't want these men to cheat the gallows by kill ing themselves. Their friends might give them daggers or poison, and although I know that if they should want to kill themselves, we would be powerless to prevent it, still I should not like to novo it said that if I had attended to my duty, suicides might have been prevented. MRS. ENGEL THE FIRST TO COME. The first of those to arrive was Mrs. Engel. There was a sort of scared expres sion on her poor, worn face, and she moved about in a nervous manner, as though she could scarcely realize that the last slender thread of hojie had broken. Hue brought a basket of toothsome edibles for her husband, and Jailer Folz took a chair from the offlrfe aud carried it out to the cage and placed it for her near the bars. Lingg’s aunt and young lady cousin and one of nis fair admirers came next. They were all downcast, with traces of tears on their checks, but they hod not been talking to the reckless bomb-maker five minutes before they were all laughing, and their mirth sounded strangely incongruous with the feelings of most of those present. Frank Bieleffeldt, of the Arbiter Zeitung, accompanied by a reporter for the same paper, came next. Shortly afterward Spies’ two brothers, Chris and Ferdinand, were admitted, and they were followed by their mother, who seemed to feel her sorrow deeply. Mrs. Parsons and her two little children came, and with them a lady who is inter ested in the work of the Amnesty Associa tion. Every one of the prisoners had the sem blance, at least, of positively cheerful spirits. WON’T SIGN PETITIONS. Bieleffeldt, after leaving jail, said: It is useless to ask these men to sign a pe tition to the Governor for their lives. I have just been talking to them, and they laugh at the idea. A significant incident of the day had its scene at police headquarter. The moment the word of the decision was received all the detectives in the building disappeared with surprising suddenness. As to what districts or places they were assigned, their superiors were non-eommunicative when asked. It is known, however, that for some days the men have had secret instructions to act as soon as the decision was receiver). “We will not he caught napping,” was all the officials would say. Besides the regular force the detective department, has lieen largely re-enforced from outlying stations. Just what precautions will be, or have been taken to prevent any outbreak, the officials decline to say. PREPARING FOR THE HANGING. It is known that the preparations are going on for the execution. The ropes have beet* ordered from an Eastern firm for some time, and will be thoroughly tested before being sent on here. An additional scaffold will have to be built and preparations were being made for tills to-day. At present there are two of these dark instruments of death lying in the basement of the Criminal Court building, but they will not accommo date more than five victims. The new one will he made very much like the one on which three Italian murderers were hanged some time ago, lint will, ii, is stated, contain some slight improvements as to traps. Already the morbidly curious of Chicago, ns well as outside points, have been sending in requests for tickets to get in the jail on Nov. 11. Letters by the score are arriving daily from provincial journalists, who de sire to secure tickets so they can have a rep resentative wn hand. They will all be doomed to disappointment, if the hanging takes place on Nov. 11 there will be only a few persons present. The Sheriff will adhere strictly to the law laid down in such cases, and no one except representatives of the city papers, the press associations, the members of the jury and attorneys will be allowed to be present. ANNUAL REPORTS The President and Most of His Cabinet Hard at Work. Washington. Nov-. 2. —The President and most of the members of'his Cabinet are now busily engaged in the preparation of their annual reports to Congress. At torney General Garland has finished bis re port, and it is now in the hands of the President. Becveta^ - Fairchild is de voting all his spare time to the preparation of his report, and in order to give the mutter proper considera tion does most of the work in the quiet of his home. He is so overrun with visitors at his office in the deportment thnt it was dif ficult for him to transact even routine busi ness. The heads of other departments also meet with constant interruption in their official work, but not to the same extent. During Secretary Fairchild's absence from the depart men;. Assistant Secretary Thompson acts a- Secretary, and his duties at present, arc further increased by the tem porary absence from the city of Assistant Secretary Maynard. Bayard’s Assistant Secretary. Washington, Nov. 3. —Secretary Bayard said to-dav that there was no foundation lor the published statement that ho had offered the Assistant Secretaryship of State 1o E Boyd Faulkner, of West Virginia. He had never thought of doing so, he said, not even knowing Mr. Faulkner. He ia still looking for an Assistant Secretary of State. Clerks Walk the Plank. Wahhinotov. Nov. 2.— Acting Secretary Thomrwon to day approved the recommen dation of Collector Magone for the dis missal of sixteen clerks in the New York custom house who had twice failed in a civil service examination for promotion. This increases the number of dismissals at New York during the past month to sixty flva LOUISIANA’S BIG STRIKE FOUR MEN SHOT BY Nr OROES IN TERRE BONNE PARISH. They Were Ambushed by the Strikers —A Company of Cavalry and Other Military in Readiness for Further Trouble- Many of the Strikers Else where Surrendering. New Orleans, Nov. 2. — A dispatch to merchants here from Lascasagne, of Tiger ville. La., says: “The strikers shot four of my laborers this morning from an ambush. I have telegraphed t he Governor for troops. Please see that they getoff at once.” Messrs. Black, tho recipients of the message, at once informed Gen. Glynn and Col. Meyer, and Col. Richardson, of the Washington Artil lery, of the tenor of the dispatch, and the officers are awaiting the action of the Gov ernor through the Adjutant Gen eral. by whom the necessary orders will be given. The sugar plantation of l-asoasagna (Greenwood) is in the parish of Terre Bonne on Bayou Black, eight miles from Tigerville, and be tween that point and Houma Prior to Friday last there were employed on the Greenwood plantation about sixty laborers, twenty-five being white and the remainder colored. On Friday the latter all struck for higher wages, but all the white hands re mained and continued ac work. Mr. Las casagne at, once made arrangements for filling up the number of laborers required upon his plantation by engaging white men in this city, and yesterday forty-five were sent there, hut whether the four men am bushed and shot this morning were among the number, or were of those remaining upon the plantation, the telegram does not state. A special to the Timex-Democrat from Tigerville says regai-ding the shooting on the Greenwood plantation that now laborers were brought there yesterday. The strikers shot at them as they were going out to work, and again fired on them this morning. No one was killed, but several persons were slightly hurt. All is quiet on this line, as no men left and no work is being done. Troops are expected there. ALL QUIET IN IBERIA. A special to the Picayune from New Iberia says: “The news from the sugar plantations below here shows that, every thing is quiet, but that work is suspended, or nearly so. A large number of idle ne groes collected in all public places 10-daj’. Many of them are willing to work, but are intimidated by the sirikers. Capt.Cades’ com iiany of cavalry will remain in that section until older is restored. The strikers have l>een told to decide whether to work, or va cate their cabins and make room for other laborers.' 1 A special to the Picayune from St. Mar tinsville savs: “Ten laborers in the cotton seed oil mill here struck to-day because the proprietors of the works refused to dis charge two of the head pressmen, who are not Knights of Labor. The places of the strikers were at once filled by white labor ers. A committee called on the sugar plant ers yesterday and satisfactory arrange ments were made, so that no strike was ordered at the sugar houses in this parish.” ORDERED TO LEAVE. The Timex-Democrat's Jeannette special says: “The striking laborers on the adjacent plantations have been ordered to leave. They will lie ejected by force to-morrow if the orders have not been obeyed. The strikers on two plantations resumed work to-day. ” The Timex-DemocraVs Thiohodeaux special says: “In this parish the situation is unchanged. No violence is re ported. In reponse to a summons to return to work or quit their places the strikers have, as a rule, adopted the latter alternative, and are either flock ing into town, where many of them arrived to-day, or are packing up and making ac tive preparations to leave. Affidavits.were, however, sworn ont against some twenty men, who refused to adopt either alterna live. Twelve of these were arrested, includ ing two white men, but all were bailed. It was reported this morning that serious trouble had occurred in Terre Bonne parish, and that Capt. Avery's company, from New Iberia, had been Ordered home in conse quence. The laborers brought from New Orleans to fill the places of the strikers on the Greenwood plantations, were fired upon while at work, and two of them were wounded. ” DANGER AT RACELAND. Advices from Itaceland, La., report that the strikers in that section are turbulent and threatening, and the citizens have asked for protection. Judge Beattie has ordered the Sheriff to leave with u posse for that point. A sjierial to the Picayune from Morgan City, La., says: “Everything is quiet. The planters si ill refuse to yield to the de mands of the strikers. There is dissatisfac tion among the leading knights here and also in Fattersonviile. Developments are looked lor Thursday hut there have been as yet no reports of trouble. The weather is very pleasant." A S[ei’ial to the Picayune from Franulm says: “All work has stopped on tho planta tions in Si. Mary’s parish, from (Jontreville to Berwick, a distance of twenty miles. All the strikers have been ordered io leave the plantations, or resume work. Information from the upper portion of the parish is to the effect that all the plantation hands are at work in full force. No violence has been reported from any sections of the parish.” COAL MINE STRIKES. Indications that the Barons Anticipate a Long Strike. Philadelphia, Nov. 3.—The General Executive Board of the Knights of Labor has just issued a circular, to lie read at meetings of the assemblies, appealing for contributions in aid of the striking coal miners in the Lehigh coal field. Accom panying the circular is a personal appeal from Mr. Powderly, asking for quick and liberal donations. Representatives of the companies mining coal ill the I/fiiirb region and several or the largest individual operators from that section, met in this city to-day to discuss the situation relative tOjthe miners' strike. It was learned from a reliable source that the trouble was no nearer an end than at its inception. The Lebigh Anthracite Coal Company has in consequence of the idleness of its miners agreed to rent its car* to the Reading Railroad -Company to lie used in the soft coal trade of that company. It is understood that the Lehigh Vnl cy Company will rent its coal cars to the Pennsylvania Railroad Company for the same purpose. There is a feature to such course as this that is unpleasant. The crews which are used to man theee cars by the company in • question will not be needed when the cars are put on other road*, it is also stated that this disposal of the cars will necessitate housing a large number of locomotives used in hauling coal trains, the engineers mid firemen of which will be thrown out of em ployment, thus largely increasing t.he num ber of unemployed. END or A C OAL mine STRIKE. Evansville.. Imp.. Nov. 'l.—The coal miners' strike m this city was practically I ended yesterday bv a large number of I miners returning to work in the ingleside and Sunnyside mines at the old scale of wages. The remainder of the strikers re j turned to work to-day. WASHINGTON’S WORKMEN. 1 A Parade by Their Organizations Brings Out 6,000 Men. Washington, Nov. 2. —Organized labor ing men of the District of Columbia, to the number of about 0,000, made a demonstra tion to-night by marching through the city, with bands of music and banners. All of the streets along which the procession moved were brilliantly illuminated with colored tire and Chinese lanterns borne by marchers. The men made an excel lent appearance, and were cheered at many points l>\ the crowd, which filled Pennsyl vania avenue and other principal streets. A noteworthy feature of the parade was the total absence of violent or radical inscrip tions on the transparencies. Tlie first division consisted of men connected with Iho printing craft and was headed by (Colum bia Typographical Union No. 101, who made an exceedingly creditable appearance with about 1,000 men in line. The building trades formed the second division, and tailors, railroad employes, dorks and organ ized working men generally brought up the rear with tlie third division. MONTANA’S RENEGADES. After Watching Them Three Weeks Troops Let Them Escape. Chicago, Ills., Nov. 2. — A Bulling, Mont., special says: “After watching tho Indians for three weeks the military al lowed 200 of them i o make their escape for parts unknown last, night. They are sup posed to have come toward this place, and considerable uneasiness is felt for the safety of the people along the Yellowstone and also at Junction City. The uctions of the defiant Indians about confirms the tielief that all is not right. It is noticed that all are welt armed and can make a long strug gle. Many persons who have cattle on the reservation are sending out men for their protection; just now they hre fat and many will surely be killed by the turbulent reds, ’lhe citi zens here are greatly incensed to think that the Indians were allowed to escape to make trouble when they might have been cap tured. News lias just reached here that biO Nez Perces have arrived on the Crow reser vation. They say they came to trade with the Crows, but their nature is well-known by the settlers. Many think their coming means no good. Fears for the safety of the sett’ers are increased as the time ad vanoes, and there is talk of organiz-iug for defense.” DEAD BESIDE THE RAILS. Past Assistant Surgeon Arthur Dies While Going to Get Married. Washington, Nov. 2.—The Navy De partment to-day received a telegram from an official of the Virginia Midland Railroad Company, at Lynchburg, stating that the body of a gentleman was found near the track last night, west of Salem, Va. From papers on his person he appears to be George Arthur, Passed Assistant Surgeon of the Navy. Dr. Arthur was granted leave of absence front Nov. 1, and started •from Washington yesterday afternoon for Shelby ville, Tenn.. to be married. Burgeon General Gunnell has directed that hts body be brought to Washington. HOW IT HAPPENED. Lynchburg, Va., Nov. 2.— United States Naval Surgeon Arthur fell from a train near Salem yesterday and was instantly killed. He was on the platform, and it is supposed a sudden lurch of the train caused his fall. His head was iiadlv crushed and his left arm was nearly torn from his body. No one saw him fall and it was some hours after the accident when he was found. ST. LOUIS’ EXPLOSION. The Chief of Police Says that Neither Gas Nor Gasoline Caused it. St. Louis, Nov. 2.— John Lindsay, Chief of the fire department, says, regarding the explosion on Fourteenth street yesterday morning, by which eight persons were killed, that in his opinion lhe explosion was not caused liy either gas or gasoline. “Neither of these could have demolished the building in which it exploded, and all of the surrounding buildings the way you see on Fourteenth street. ! never saw such a complete wreck in rny life as the one yester day morning. 1 was on the scene four min utes after the alarm was struck, and the place was then as you find it to day. Either dynamite, gunpowder or ginnt powder was what exploded, end no one can make ine believe otherwise.” The opinion of a num ber of experts find ample proof of gas or gasoline. CORPSES FROM THE VERNON. A Score of Them Laid Out in a Row in an Engine House. Milwaukee, Nov. 2.—Five fishing tugs went out from Two llivers, VVis., to-day and brought back the bodies of seventeen men and two women who had been aboard the Vernon, making twenty-two bodies that have been recovered. The engine house at Two Rivers was turned into a morgue, where tlie corpses wero stretched side by side for identification by relatives and friends who flocked there from Mani towoc. The faces were all placid and iu good condition except two, whose ex pressions gave evidence of intense suffering. All were clothed full but two women, who were without headwear and shoes, but were otherwise fully attired. Only seven bodies were identified. YARN MILLS BURNED. % '■ Large Stocks of Goods and Valuable Machinery Destroyed. Philadelphia, Nov. - A large mill on Wooster stm t, on the outskirts of this city, owned by John Bromley & Sons, and occu pied by H. S. Hratchard, John M. Sterling & Sons and Robert Taylor, manufacturers of hosiery yarns. was completely destroyed by lire this morning. Large stocks of goods and valuable machinery were destroyed. The origin is attributed to spontaneous combustion. The loss is $75,000, partially covered by insurance. About 100 operatives are thrown out of employment. Chicago’s Military Reservation Washington, Nov. -• —Two companies of the Sixth infantry have lieen ordered from Fort Douglas.-., Balt 1 jike City, to the new military reservation near Chicago. Maj. William J. Lyster ill command the poet. No other troops will be ordered there for the present. The object of garrisoning the post is to protect the gevernment property during the winter and prepare for beginning work early in the spring. The troops will be available in case there should Vs- note in Chicago, but it is stated at the War Pei>artment that this is uot a primary cause for ordering them there at present. Danville's Tobacco Bales. Danville, Ya.. Nov. ,\—Tbe sales of leaf tobacco in this market for October were 1,804,630 pounds. GEORGIA’S CAPITAL CITY. A Negress on the Chain-Gang Over a Year After Her Time Atlanta. Ga., Nov. 2.—The Principal Keeper of the Penitentiary received to-day from C. W. Wimberly, Clerk of Decatur County Superior Court, a letter in which he •says: There seem* to be some mistake about the term of imprisonment of Charlotte Jones (col ored), who was sent up from this county at the August term of our Superior Court tr 1881 She was first sent up for fill en years, hut the term was afterward amended to five years. I hope you will give it your attention. The order amending the sentence, which he inclosed, was as follows: The defendant in this case having been sen tenced for u term of fifteen years at hard labor in the penitentiary, under a mistake of the court I hat the penalty in such cnees extended to a term of twenty years, when It was only ten years, it Is therefore ordered that said sentence lie ie formed ao as to read tire years Instead of fifteen years, and l tie Clerk of tills court is or dered to send a certified copy of this order to the Principal Keeper of the penitentiary. who will be governed accordingly. Dona In open court, Oct. 8, 1881. [Signed ] William O. Flemming, Judge of the Superior Court A. 0. The clerk’s letter contained no further ex planation of this very singular “mistake,” and as there is t..i claim that the order was ever sent to the Principal Keeper, it appears t hat the directions of the court were grossly neglected mid the negress suffered an unjust and illegal detention in the penitentiary. She was sont to the convict camp under the original sentence, which the court, discover ing its error, amended Charlotte’s term expired in September last year, and with five months' time for good behavior, which Col. Towers states that she had coined at that time, her discharge should have been given the March previous. The tirst intima tion of the amended sentence was had bv the penitentiary officials to-day and Col. Towers ordered her immediate discharge. There was a somewhat, similar case from Decatur county a few months ago. A VERDICT AOAINBT A RAILROAD. 11l the case of Israel Putnam vs. the Vicks burg and Meridian railroad, in the United Slates Circuit Court to-day, a verdict was given for the plaintiff for $7,866. This suit grew out of an accident on the road in 1881. caused by a broken rail, in which the plaintiff lmd a collar bone dislocated and several ribs broken. A former verdict gave him $16,000. The plaintiff is an insurance agent in Atlanta. Revenue Agent, I’rapman received infor mation to-day that William A, Morgan was killed in Haralson county on the night of Oct. 30 by moonshiners, who suspected him of being an informer. The report states that t,lie men making up the party went into Morgan’s house and boat him to death with clubs in the presence of his wife and finally beat her into insensibility. The story has not been corroborated. Dr. H. H. Tucker has resigned the editor ship of the Christian Index, and will retire after to-morrow’s issue. Thomas A. Minor, a wine room proprie tor, engaged in business on Decatur street, was convicted in the police court, this after noon of violating the prohibition law, and a tine of SIOO was impowst. W. R. Jester, a contracting carpenter, to day assigned to Nathaniel McKinley. His liabilities are about $4,000, and his assets are about the same. R. C. Beer man, tobacconist, assigned this afternoon to Harry Silverman. His liabili ties and assets small. In the game this afternoon between Chi cago and St. Louis the former won by a score of twelve to nine in five innings. It was a poor game and ’a small crowd was in attendance. MR. DAVIS NOT ILL. Hia Daughter's Return from Athens to Accompany Him Home. Macon, Ga., Nov. 2,---The report, circu lated industriously to the effect that Mr. Davis is critically ill in this city, is utterly without foundation. While it is true that ho has been suffering for some days from physical exhaustion, caused by undue ex ertion during the State fair, nis condition has never been such as to cause the least alarm. The News correspondent has just telephoned Col. J. M. Johnson, at whose residence Mr. Davis is stop ping, and learns that the ex President is recovering rapidly from his prostration, iind has been down stairs all the afternoon. He will probably leave for Beauvoir to morrow. In response to an urgent telegram from Athens, insisting on his daughters being allow ed to remain there a few days longer, he, with tianks, urged their return as appointed, that they may accompany him on the return trip. THE DKPARTUHE FROM ATHENS. Athens, Ga., Nov. 2.—Mrs. Hayes. Miss Winnie Davis, and party returned to Macon this morning. The entertainment given Miss Davis at the club house last night was a most brilliant- affair, and Miss Davis, attired in a pretty costume,was beauty and grace itself. After a reception in the handsome parlors, the german was danced until n lab: hour. A large party of citizens assembled at the depot to bid the guests good-by. They carry with them the hive and best wishes of the people of North east Georgia. Mrs. Hayes and Miss Davis were by the club with handsome bracelets and a pin of gold and diamonds. Tobacconists Assign. Danville. Va., Nov. 2.—The Frank To bacco Company, wholesale dealers in cigars and tobacco, assigned to-day. with liabilities of about $44,000. The assets consist of stock valued at from $7,000 to SIO,OOO and liook accounts which Mr. Frank says will show $25,000. There are preferred creditors to the amount of.? 4,8. r io. The merchandise creditors are all on the same footing. The failure is attributed to dull business, poor collections and the expense of doing busi ness. _ _ A Mall Rubber at Work. Holbrook, Nov 2.—The north and south mails were held up by one man about midnight Oct. 31, 1 sit ween Ht. John’s and Navajo. The mail going south was taken first, and Igst the driver warn the north going mail, the highwayman detained him two hours until the mail going north came aloog. which was also robbed. No passen gen< were with the south mail. The north mall carried one pan.se.ugor, who was robbed of SBO. Charleston’s Celebration. Charleston, 8. C., Nov. 2.—Fair weather and great enthusiasm prevailed to-day, which was the third of the fall fes tival. Crowds of visitors continue to enter the city on rII trains and it iseetimated that there arc 6,(X)0 here to-night. The features of to-day’s programme were the balloon ascension and magnificent pyrotechnic dis play to-night at Colonial lake. A Triple Murder. New Haven, Nov. 2.—John Hodge, a silk weaver living at Hebron, shot his wife last night mid then set fire to the house. Two children were burned to death. Hodge is under arrest. Robertson’s Election. Baton Rocoe. La.. Nov. 2.— Returns from the Sixth Congressional district show the election of Robertson, Pem.,|bv a large majority. The vote polled was a light one. i PRICEgIO A YEAR I ‘l SCEATB A COPY, f | A WAR CRY IN A SANCTUM 1 TORONTO’S GLOBE STILL BENT ON CHAMBERLAIN’S RECALL. The Editor Thinks That an Agreement is Well Nigh Impossible If the Pres ent Commissioner is Allowed to Con duct the Negotiations - War Sure to Follow Failure. Toronto, Ont., Nov. 2.—The Globe, re fers to Mr. Chamberlain's appointment, this morning and, in a strongly worded editorial, says: Lei British journals rub their eyes again, and wake up to ihe necessities oflt,bo situation Mr. (’hamhtrlain must lie recalled. There is uo “ought 'or "should" in the case. The impern five ts rciiulred, and Canadians are entitled to employ It. He must be rivalled Let the Bril inti understand that their own interest* are hugely staked on the result of the impending negotiations Should the commissioners fail to reach a settlement, or should the Senate hiu-ke an agreement, nothing can bo more certain than that war between Great Britain and the United State* can be avoided ouly by Great Britain abandoning (’a nada in a. way that will forever disgrace the British name Do Britons know that the United St atcs c, ingress has already pa#*“d an act to. cut off every sort of commercial exchange with Canada! Ijp they know that Congress has urged the Administration to enforce that act' Arc thoy aware that a very large propoi tion of American journals ccaaelesaly vltupera'e the President because be has not resorted to retaliation? Do they comprehend that be can have no option but to employ the act if the negotiations fail or if agreement be disallowed in the Senate If lie does employ it. what, then’ We do not, act, a* alarmists in declaring lhat a war which Great Britain has long feared more than any other possible war will probably occur To avoid the dangers and disgrace that threaten, there is hut one way. Mr. Chamber lain is the sole, cause that the outlook ts tar. Before hia appointment, it was bright enough. It was bright until bp wantonly embarrassed the situation It is gloomy because he has r*n derod the best method of settlement difficult to propose or discus* and because he has made himself hateful to this coutiaont. Without distinction of origin, Americans resent bis insolent attack upon theee fellow cittsens whose loyalty rang true by the most tern ble of tests .vhen hundred* of thousands of sons of Irish mothers faced death in hattle for the republic. It is useless to found smooth prophecies upon the hope that Mr. Chamberlain’s principles can escape the consequence* of the hostility that be has aroused. If they do not recall him they take the responsibility for him. If they do recsll him it can only be becauae they are Pill of sym pathy for him His own rash insolence has brought him into trouble and he alone should be the victim. Surely it, is better that he be made to undergo bis deserts than that the peace of hundreds of milllousof English speaking pe pie be jeopardized on behalf of his dignity. O’BRIEN IN TULLAMORE JAIL. He is to Wear a Prison Uniform—Ex citement at Cork. Cork, Nov. 2. —William O’Brien and Mr. Mandeville, under sentence for using sediti ous language at the meeting at Mitchells town, were quietly removed from the jail here this morning, and taken away in a special train. News of their removal was not known to the people of Cork until 1 o'clock. It caused tremendous excitement. Mr. O’Brien has been lodged in jail at Tul lamore, fifty miles from Dublin. Mr. Mandeville was also taken to Tulla more jail. A strong escort of police accom panied the prisoners in the train from Cork. Both prisoners wore their usual clothes. Edward Blake, formerly a member of the Dominion Cabinet, made a speenh to-day at Glensbai rald, the scene of tne evictions on the Dalmego estates. He said it was a shame and humiliation to find a man living in luxury when his tenants were in a state of miseriy, Upon sneh a man he would in voke the curse of God. He advised his hearers to combine against the landlords. MUST WEAR SNIPER. Dublin, Nov. 2. -The Lish Prison Board has directed that, Mr. O'Brien shall wear a prison uniform and be treated in every way as an ordinary prisoner. English Protectioniats. London. Nov. 2. —The Fair Trade League held a conference to-day, which wai attended by a number of members of p&r liament. Resolutions were parsed favoring a change in the fiscal policy of Great Britain in the direction of protect ion. Sev eral genllemon made speeches, and all were agreed upon the necessity cf protection for manufactured articles. On the question of corn duties, however, a difference of opinioa was manifested. Frances Legion of Honor. Paris, Nov. 2.—Gen. Ferron, War Min ister. has written to Gen. Faidherbe, Chan cellor of the legion of Honor, that he in tends to defend in the Chambers the appro priation asked for educational institutions founded by Napoleon for the children of members of the legion. This credit, the Budget Committee propose to abolish. The Caffarel Scandals. Paris, Nov. 2. —The committee appointed to consider the expediency of inquiring into the Caffarel scandals, recommends the ap- , nointmerit of another committee, which will tie charged to proceed with theinquiry. and shall be composed of twenty-two who shall be balloted for by norutin He list*. Revolution In Sannehoo. London, Nov. 2.— Mail advice* front Sierra tj-onesay that, the natives of Sanne hoo have risen and massacred the native eilice and a number of people. Thegun m.ts Acorn and Elpcto will proceed to tbs scene to suppress the rising. Off for Massowah. Naples, Nov. 2.—Three thousand Rabat troops, comprising the first section of tlx expedition to Abyssinia, departed to-day fo- Massowah. Dullness on the Bourse Paris, Nov. 3.— The Bourse to-day u fiat, and at the dose there was a general re lapse in prices. Columbue Chapters. Columbus, Ga., Nov. 2.— J. M Lester, of Chattahoochee county, while returning home from this City, was thrown by fail horse, and It is thought received internal injuries which may prove fatal. A Miss Allen, who resides on Sixteenth street, bet wren Third and Fourth avenue', dropped dead to night. Heart disease is as signed as the cause. The City Council held its regular monthly meeting to-night. It was decided to have a census of the city taken, the population having been increased about 3,000. by the annexation of Rose Hill. Columbus is healthy, as the report of r.ho City Sexton show*. There were only’fifteen interment i in the white cemetery during the month of October, ten of which were non-residents. There were thirty interments in the colored cemetery, of which fifteen were non-resi dents. A Stevedore Injured. Pensacola, Fla., Nov. 2.— A stevedore named C R. Bartow, while engaged in thy loading of a vessel alongside of one of tbs wharves this morning, was struck by a stick of timber across his body. It caught him so tirnt he could not release himself. His injuries, it is thought, will not prov* fatal.