Newspaper Page Text
, the morning nem-3 I
18M. ISOORPORATXD IS&S V
, Esi>auHw Kgxn president. )
SENATORS TALK TARIFF.
report OF the conference
COMMITTEE PRESENTED.
Uore aD Characterises It ae a Bill for
* EI ter Taxation and Greater Profits
. , Manufacturers— Carlisle to Speak
„ c da y_Padd° 0 )c Speaks In Opposi
tion to the Bill-Advocated by Bher
man.
Washington, Sept. 29.—1n the Senate
this morning Senator Ingalls, by request,
introduced a bill to provide for the pay
mon, ot arrears of pensions on applications
E July 1.1880. Referred.
The conference report oa the deficiency
bill was presented by Senator Hale. The re
port having been read, Senator Dawes in
jured what disposition had been made of
, he French spoliation claims. Senator
Hale replied that the House conferees had
come from that body after an earnest and
animated contest on that subject, and after
the House having, by a yea and nay
vote refused to agree to the Senate
amendment the conferees had found the
House conferees very determined and firm
in their attitude, and refusing under any
circumstances to agree to the Senate amend
ment or to any proposition modifying it.
The Senate conferees, therefore, had been
compelled to the position taken by the
House.
thb matter not ended.
He (Senator Hale) didn’t by any means
cons der the matter closed or ended It
could be taken up at another session, but
the Senate conferees had become convinced
that nothing could be done now in the mat
ter, and therefore the amendment had gone
"senator Dawes had no doubt that the
Senate conferees had done all in their
tower to maintain the position of the
Senate. He expressed his great regret at
the refusal of the House to pay a claim so
just and so long due.
Senator Gorman asked Senator Hale to
mak a statement of the changes in the bill
as well as of the amount covered by it.
amount covered by the bill.
Senator Hale replied that as the bill
passed the Houso it appropriated $5,230,535.
The Senate had increased the amount by
|2,M1,935, making it *7,875,470. This had
been reduced in the conference $1,209,232,
so that the aggregate appropriations no w
amounted to $0,666,258. The largest
item in the reduction was that for
the French spoliation claims. An
other matter which occupied the
conferees a long time was the item of $40,-
000 for explorations and investigation in
regard to artesian wells aud irrigation.
The amendment had been at last agreed to
by the House conferees, with the provision
that the appropriations should complete the
work, and by July 1, 1891.
The repor. was agreed to.
TARIFF BILL TAKEN UP.
The conference report on the tariff bill
was presented aud read at length.
Senator Aldrich said that the oonference
report and the bill, os modified by it, were
printed, and he didn’t deem any further
explanation of its provisions necessary. He
hoped the Be.iate would be able to reach a
vote on the report this afternoon, and with
that object in view he should ask for a vote
as soon as it could possibly be had.
Senator Morgan Baid that the tariff bill,
as manipulated by the republican conferees
of both houses, had many new features
which neither the House nor Senate had
voted upon, but it was impossible to go into
discussion of the changes. They were all
of real importance to the people, but par
liamentary law, applicable to the
present stage of the bill, denied
t) senators the privilege of separate
vote on any one of the numerous changes.
It was a bolus that had to be swallowed
whole or to be rejected. All that could be
done was to discuss in a general way the
principles on which the measure was
founded. The only great leading principle
of the bill was higher taxation of the peo
ple and greater profits to those engaged in
manufactures.
CHILD OF THE GERRYMANDER.
In the early part of his speech Senator
Morgan commented upon some remarks
made by Senator Hiscock during the tariff
debate reflecting upon the south and south
ern senators, and said that it was not the
state of New York that sent that senator to
the senate, but gerrymandering. He (Sen
ator Hiscock) was the child of a gerry
mander. language of his
diatribe, Senator Morgan said, was
“ , J°od Hew York style. The
TO. of the senator had sat before a mirror
, drew that picture. It did not
_ a W southern men had dons, but it
“cted "'hat would have treen the een
ferertJw UC J und fo elingsif he bad suf
sufTm- ihey had been compelled to
. ' ne south was merely the mute
victim of the tariff bllL
Senator- 9 am 8 ® °u S, -‘ uator Morgan’s speech,
Ca ed * loathe
iockrell calls for information.
vr!w t 0 l C -v krell su teted tUat before
Rhnrl? ui D re P° rt the senator from
Senate I^?~ and W0 “ 1J condescend to give the
t)!° 6 ‘“formation as to changes
bia aw Conf , er * ncß report made in the
vomimur cha Pß os . be understood, in-
'P nS ° f dollara - an( i Jet not one
& 0 : a :‘ h atlOn had be ™ K’ren to the
was the 1 he countr y about them. It
adopted “!‘ 16 P r ° cesß that had been
before .'u tlon bill first came
the ..tv, the Senate. Senators on
to renh t° r s,de refused at first
ocra ti/J? re 5 narkß of senators on the dem-
Itoaa senator" occ upied by repub
b&ve i Th ®. Senate was entitled to
'®Port made P a ? ati ° n of the coufcrwnce
wfihmw an ‘. 2H V attempt to force a
just no r f° Ut such *’lanation was neither
SW,- , r ’ nor right.
the to fnrjy drtc k sa ' d that he did not de-
Sr a J 0 t teon fch , e ( I U69tiOU if a,, y
,e to‘noann^ t<? 9peak on but there
did Hn^ ar<?nt ln^. lcafcion9 that any san
hceptnfl9Klre' He had nothing to say
tc Uvh ,h pre f S tho deß >re and disposition
termination of the matter
rson t ‘ 9 , earlle ?f mora9,lt ; but if sen
l®ie when ther . Blde woul(1 indicate the
w.uld befmJr mi B ht be taken they
Jf the chamber. oV6ry bberality on his
f ' 'll B . aid that Senator Car
ta! was s omewha'fin i ard th question,
Njoa.or am - u lna . ls Po*ed to-day.
tofilir, t ii dn ch said that he was quite
til| e r^ nat ° r f-urlisle’s remarks
tt °rrow could >,„° mo j r^ w ’ if some time to
e n~,'ted that U hiv- ai< V that 11 seen**! to be
eo oreuce a T Kbee . a a “ember of the
In %e lU ,.i °f fbe finance com
temtnitte,. tl " ways aud means
before the HeK W -° Uld . * a T something
-rpwted t. dn debate closed, and he
! ®rwtiat fr, rn eold^ Ut i Was Buf foring
,er to speak te>-day, and would pre
“Nutely BtiU ’ lf 11 "ere
S‘ ft r r “°on, sTtnr Ln e WOUld P r( ’Ceed this
no objection^ 1 ?® h< ? was concerned, he
a vote'&l 1 "* a time for
and there hmt i 0 St "" ate was thin to
ave consultation on K° b^° rtunit J r t 0
Jlofning
Senator Aldrich asked unanimous consent
to have 4 o’clock to-morrow fixed as the
time for taking the vote.
Senator Cockrell objected to any cast Iron
rule for closing debate.
Senator Aldrich then gave notioe that at
5:30 o’clock he would move for a recess tiU
8 o’clock this evening.
Senator Gray expressed surprise at the
tone of Senator Aldrich’s notice, aud in
formed him that he would arrive at a vote
a good deal sooner if he did not precs his
motion.
SHERMAN ADVOCATES THE BILL,
Senator Sherman addressed the SenaA in
general defense and advocacy of the prin
ciple of protection, and then, coming back
to discussion of the bill itself, he gave it as
his opinion that some of its provisions were
too high, while some were too low. He
thought he could make it better than it was,
but he admitted the 'impossibility of fram
ing a measure that would suit every inter
est. He believed the new law would be a
beacon ot prosperity to the whole country.
He looked upon it as one thA was fair and
just to all sections and that would be more
beneficial to the south than to the north.
As to the reciprocity feature of the biU,
there was nothing new in the idea of reci
procity. It had been before the country
since the Canadian reciprocity treaty ot
1854
As to the sugar question, he would, if he
had have his way, hadjgiven the i>eoplo the
benefit of free sugar up to No. 20 Dutch
standard, ia the belief that some of the
higher grades would enter Into consumption
without having passed through refineries.
It had finally been agreed upon, however,
that sugar would be free ud to No. 16. and
that the duty beyond that grade would be
one-half of 1 cent por pound. If ho had
bad bis way he would have taken off that
half oent and given to the consumer the
benefit of free sugar.
As to binders’ twine, he had felt that its
manufacturers had probably takeu ad
vantage of their opportunity and demanded
grossly unreasonable prices; but they had
done very much as other human beings did
—even as farmers did—taking advantage of
the high market price. He had never
known a farmer to refuse $2 a bushel for
his wheat if he could get it.
A WILD HOPE.
In conclusion. Senator Sherman expressed
the hope that the manufacturers would
avoid those contracts and trusts that gave
popular discontent; and that, on the con
trary, they would invite fair competition
aud give to the people the benefits of com
petition and of cheaper production. If
they did not do so he would be as ready to
vote for the repeal of the law as he now was
to vote for its passage.
Senator Paddook next addressed the Sen
ate. Without malice toward anyone, but
oonstraiued by a sense of duty to the state
and section which he represented, he would
vote against the conference report. If it
was a purely political question, he should
cheerfully accept the judgment of the ma
jority of his party associates, but he could
not consider this great eoouoinlc problem as
one entirely political in its nature, affect
ing, as it did, the interest most vital to his
immediate constituency and the entire west.
He should not attempt to state in
detail his objections to the report, but
should draw particular attention to the
agreeraeut of the committee on the sugar
schedule, aud its relation to other protected
interests in the bill. He could not see the
benefits whioh would aocrue to the people
by sweeping away the impost on sugar,
when measured in connection with the
losses sustained by them through increases
in the duties on many other articles essential
to life.
NO RELIEF TO THE POOR.
Desirable as free sugar was, when secured
at the expeuse of dearer clothing, dearer
tin plate, dearer earthenware, dearer eut
tlery, and so on, it did not relieve the debt
side of the account for the poor. In addi
tion, when it had proved an obstacle to the
development of the manufacture of sugar
by the west and to the commanding of re
ciprocal trade with other nations, it seemed
to him ill-timed and unwise. The subject
was a business one, and, as a business man,
representing a business constituency, he
felt justified in expressing bis approval or
disapproval in respect to the tariff bill, and
in voicing that approval or disapproval by
public utterance and by legislative vote.
The conference report was laid aside in
formally without action.
Senator Morgan offered a resolution,
which was agreed to, calling on the Presi
dent for copies of all orders and instruc
tions issued since March 1, 1890, to com
manders of revenue vessels and other offi
cers respecting the regulation of the fur
seal fisheries in the waters of Alaska or
Behring sea.
The concurrent resolution for final ad
journment to-morrow was presented and
referred to the finance committee.
BILLS PASSED.
The House bill defining the duties of the
sergeant-at-arms of the House of Repre
sentatives was reported and passed.
Individual pension bills on the calendar
were then taken up and passed—forty-four
In twenty-five minuses. Among them was
one for the widow of a soldier of the war of
1812, who had also been the widow of a
revolutionary soldier.
The House joint resolution authorizing
the use of a portion of the United States
military reservation at Chattanooga for a
public park by the city of Chattanooga,
Tenn., was taken from the calendar and
passed.
After a short executive session the Senate,
at 6 o’clock p. m., adjourned until to-mor
row at 11 o’clock a. m., Senator Aldrich
stating that he would not ask for an evening
session, as be was satisfied that a vote on
the tariff conference report would be
reached to-morrow.
In the House.
In the House this morning the speaker
laid before the House the bill to
define aud regulate the jurisdiction
of United States courts, witn the
Senate amendments thereto. Mr. Tay
lor of Ohio moved non-concurrence in the
amendments. Mr. Breckinridge of Ken
tucky suggested that the bill go to the com
mittee on judiciary. It was an important
bill and should go over until next session.
Mr. Taylor said be would prefer it to go to
the oonference, with the expectation that it
go over until next session.
After some discussion the bill was laid
aside temporarily.
Mr. Henderson of lowa submitted the
conference report on the general deficiency
bill. The report was agreed to.
The bill was passed appropriating (10.316
to supply the deficiency in appropriation
for the compensation of members of the
House.
POSTAL CLERKS’ BILL PASSED.
The Hetiate amendment was concurred in
to the House bill granting a leavo of ab
sence to clerks and employes of first and
second class postoffleea. The amendment
extends benefits of the measure to employes
in mail bag repair shops.
The Senate bill was passer! remitting to
tho Columbia n Iron Works and Dry Dock
Company of Baltimore penalties exacted by
the navy department for the construction
of the Petrel.
The conference report on the bill to in
crease the efficiency of the signal corps of
the army and to transfer the weather service
to the agricultural department was
agreed to.
The Bennte joint resolution was passed
requesting^..e secretariat of the state, war,
SAVANNAH, GA„ TUESDAY, SEPTEMBER 30, 1890.
treasury and navy departments to submit
to congress propositions for enactment into
law cf the recommendations of the inter
national marine conference.
A bill was passed to prevent the desecra
tion of the United States flag by the print
ing thereon of any painting or advertise
ment.
The House then took recess till 8 o’olock,
the evening session to be for the considera
tion of bills reported by the committee on
Indian affairs.
At the evoning session the House passed a
half dozen bills relating entirely to Indian
matters in the west and northwest.
GEORGIA'S POPULATION.
Oampleted Returns of the Sixth Cen
sus District.
Washington, Sept 29.—The census office
to-day completed the count of the Sixth
Georgia oeusus district. There is only one
more district, the Fourth, to be counted.
Then the total of the state will be made up.
Here is the count of the Sixth district:
Pop Pop In-
Counties. 1890. 1880. crease.
Baker 6.130 7,307 dec 1,177
Brooks 18,964 11,727 2,237
Calhoun 8,433 7,024 1,409
Chattahoochee 4,890 5.670 dec 780
Clayton 7,790 6,650 1,140
Colquitt 4,787 2.527 2,260
Decatur 19,#<0 19,012 848
Dooly 18,100 12,420 5,680
Dougherty 12,219 12,622 dec 403
Early 9,797 7,611 2.186
Lee 9,054 10 577 dec 1,523
Macon 13,163 11,675 1,483
Marion 7,696 8,698 dec 90?
Miller 4,272 3,720 552
Mitchell 10.689 9,392 1,297
Quitman 4462 4,392 70
Randolph 15,243 13,341 1,902
Schley 5,441 5,302 139
Stewart .13.649 1 3,998 1,651
Sumter 21,889 18,239 3,750
Terrell 14,532 10,451 4,081
Thomas 26,117 20.597 5,520
Webster 5,685 5.237 4,482
Worth 10,034 5,892 4,142
The population for the district is 270,056.
In 1880 the population was 254,041. The
increase is 36,015, or 15.39 per cent.
Cities—Americus 6,335, an increase of
2,700 over 1880, or 74.28 per cent increase.
Cuthbert 2,326, an increase of 197 over 1880,
or 9.25 per cent
REPUBLICAN EXTRAVAGANCE.
Heavy Increase in Appropriations by
Congress this Session.
Washington, Sept. ,29.—Appropriations
made by the first session of the Fifty-first
congress were practically completed to-day
with the adoption of oonference report on
the general deficiency bill. They have
amounted to the following sums:
Agricultural $1,799,100, army $24,206,471,
diplomatic and consular $1,710,815, District
of Columbia (including $1,000,000 for Rook
Creek park) *6,969,444, fortification $4,232,-
935, Indian $7,263,116, legislative, executive
aud judicial $21,630,752, military aoademy
$4.35,286, na vy(inoiuding $1,000,000 for mckel
to be used in maki g plates for protection to
vessels) $24,136,085, pensions (98,457,461,
postoffloe (72,226,699, rivers and harbors
124,981,295, sundry civil $29,738,282, de
-fleienoies (including $10,316 appropriated
by House to-day for pay of members) $38,-
688,615, miscellaneous $5,435,134, making a
total of *361,311,503.
The permanent annual appropriations
for the fiscal year 1890-91 amount to slOl,-
628,453, making a grand total for the year
of $462,989,996. The regular annual appro
priations made during the first session of
the Fiftieth congress were $306,985,544,
permanent appropriations were (115,640,798,
making a grand total of $422,626,343. The
increase of the Fifty-first congress over the
Fiftieth congress is $40,318,618.
FAT FOR THB FAITHFUL.
Important Executive Nominations
Announced Yesterday.
Washington, Sept. 29.—The President
to-day nominated John N. Irwin of lowa to
be governor of Arizona; Alfred A Free
man of Tennessee, to be associate justice of
the supreme court of New Mexico; to be
members of the intercontinental railway
commission (provided for by the diplomatic
and consular appropriation act), Alexander
J. Cassatt of Pennsylvania, George M. Pull
man of Illinois, Henry G. Davis of West
Virgiuia; Sempronius H. Boyd of Missouri
to be minister resident and consul general
to Siam; Smith A. Whitfield of Ohio to be
First Assistant Postmaster General; James
Lowrie 801 lof Pennsylvania to be
Second Assistant Postmaster General; to be
Rock Creek park commissioners, Henry V.
Boynton, Samuel P. Langley and R. Ross
Perry of the District of Columbia; Fred
erick N. Dow to be collector of customs for
the district of Portland and Falmouth, Me.;
Richard H. Jaokson of Alabama.to be en
sign in the navy.
The nomination of Frederick N. Dow to
be collector of customs for the district of
Portland aud Faluioutb, Me., was confirmed
by the Senate this afternoon.
BINDING TWINS MANUFACTURERS
They Want Compensation for Fat
Fried Out of Them.
■Washington, Sept. 29.—The first gun of
the dissatisfied northern protectionists was
fired against the tariff bill this afternoon in
the House, when Representative Morse of
Massachusetts introduced a blli increasing
the duty on binding twine to Icents per
pound. Mr. Morse says that he has sub
mitted his measure to Chairman McKinley,
who thinks there is an excellent chance of
its passage. The bill was referred to the
ways and means committee.
CUBA TAKING ACTION.
Havana, Sept. 29. —The executive board
of the Spanish party in Cuba, at a meeting
to-day, decided to send a telegram to Spain
pointing out the heavy damage which the
cigar manufacturers here wifi suffer from
the tariff bill adopted by the United States,
and asking as an immediate remedy the
reform of the Spanish tariff and negotiation
of a treaty with the United States.
NEGRO CONGRESSMAN’S SCHEME.
Bill to Erect a Home for Disabled Ex-
Slaves.
Washington, Sept. 29. —Representative
Miller of South Carolina to-day introduced
a bill approprlatiug $1,030,000 for the erec
tion of a suitable home where disabled
ex-slaves may be cared for. He also intro
duced a bill making an appropriation of
$250,000 for the erection of a monument in
some city to be selected by a committee
appointed for that purpose to commemorate
the valor and patriotism of negro soldiers
who fought in the union army during the
late war.
Campaign Fund Solicitors Indicted.
Washington, Sept. 39.—The grand jury
of the district to-day brought In indict
ments against Join J. Verser and Charles
J. Newton for alleged violations of the
oivil service law. 'Hie first indictment is
on the evidence of six employes of the gov
ernment, and charges that Verser and
Newton, themselves in the government
service, on ! J ept. 37, 1889, solicited ami re
ceived contributions from government e n
ployes, to be used in the political campaign
then iu progress.
BIRCHALL FOUND GUILTY
INTEREST IN THB TRIAL ALMOST
WITHOUT A PARALLEL.
Counsel Blaokatock Makes a Strong
Effort in Behalf of the Prisoner—
Counsel Oeler Reviews the Deep-
Laid Plot That Led to Benweai's
Death—Charge of the Judge—Son
tenoed to Hang.
Woodstock, Ont., Sept. 29,—Interest in
the Birchall case has steadily riseu until
now it exceeds anything ever known iu a
similar case in the history of Canadian
criminal trials. The prisoner was at his
place early. At last the strain is telling
upon him. It is evident he did not sleep
well last night, but be shows nothing like
fear, simply nervousness, and the look of
apprehension of a man who feels that great
events for him are happening, and that the
time when it will be known what the future
has iu store for him is fast approaching.
The jury looked wonderfully fresh and well
kept, considering the time they have been
confined.
TO BKND THE NEWS.
A remarkable fact in connection with the
trial Is that, in addition to the regular foroe
of newspaper men, there is in attendance a
large staff ot stenographers employed by
<ne of the cable oompanles, which has ar
ranged to send by cable verbatim reports
of Counsel Blaoksiock’s speed), the judge’s
charge, and a long report of Counsel Osier’s
address as preliminary to the speeches.
This morning some evidence was taken,
but it was not of particular interest. Testi
mony for the defense closed and addresses
for counsel were at onoe entered upon.
During his counsel’s address the prisoner
listened calmly and carefully to all that was
said. Mr. Blackstock, the prisoner’s coun
sel, evidently labored under groat excite
ment, and looked as if he had spent
weary hours last night in preparing his
speech of to-day. He began his address at
seven minunes before JO o’clock.
COUNSEL BLACKSTOCK’S ADDRESS.
Many of the most enlightened countries,
he said, had abolished capital puuisluhont,
but while they lived under a government
that upheld it, it was their duty to obey the
statutes of the country. But they would
not send a man to toe gallows without most
convincing evidence, and certainly not
upon the evidence which had beeu sprung
upon them by the crown. The slimy net of
the press had prejudiced the public
mind, but his lordship bad
already told the jury that they
must discharge their minds of
this false impression and pass upon the oaso
as according to evidenoe. Some detective
work had been done and done well, but his
candid opinion was that the only hi meet
work of that sort had beeu done by the
newspapers; but while he conceded the
press all its rights in the premises, he cou
tended that it bad no right to comment
upon the evidence and try the case in the
public mind before it had been given to the
jury.
PREPARATION for .he case.
He pointed out the great preparation
made for this case by the crown and the
e lormous expense incurred to secure a con
viction, as contrasted with the position of
the delonse. For weeks and months the
lawyers for Birchall had worked and la
bored to secure a fair trial without money,
to the credit of tbe bar be it said. They
appoaled to the jury to acquit the
prisoner and set the mob and the press
at defiance. He asked the jury not
to Judge his client for his honesty,
for if they did he would have to pass him
to their censure. Tho fact was that he did
bring out Pelley and Benwell under false
statements, but the prisoner was not on
trial for these misstatements, nor for state
ments he made to several of the orown wit
nesses. Many of the witness's, Mr. Black
stock said, appeared to be respectable
people, and he did not intend to impugn
their honesty, but ho wished to draw their
attention to the frailty of human memory.
THEORY OF THE DEFENSE.
He then proceeded with au analysis of the
testimony, and developed his theory of de
fense —that it was a case of mistaken iden
tity on the part of those witnesses who had
testified to seeing Binwell and Birchall at
Eastwood, and afterward Bercball alone,
on the day of Ben well’s disappearance.
Counsel Blackstock’s speech was a master
piece, dosing at just 3 o’clook. Court then
adjourned for twenty miuutes, for lunch.
CASE OF THE CROWN PRESENTED
Counsel Osier, for the orown, opened his
address at 8:25 o’clock. The fact of the case
was that iu February last a young man
came to this country full of life and hope,
and a few days later his dead body was
found in a swamp in this country. The
first thing to inquire into was the relation
ship existing between the prisoner and the
deceased, and see what that fur
nished. It was absurd that no man
should be convicted on circumstantial
evidence, because in that view a de-igning,
deep-plotting criminal would never be con
victed. The worst criminal of the land
would go unpunished. The prisoner, under
the name of Lord Somerset, lived in Wood
stock without visible means of support, and
in tho spring of 1889 he leaves for the
old country. Early in this year he
opened negotiations with Pelley and Ben
well to come to this country and
take an interest in his farm in Ontario, and
rilso a share in the profits of his horses.
Knowing the facts as they did, what was
the object of writing that letter to Ben
well! The object was to get possession of
that £l7O, but it was wall known that as
soon as the deceased reached this country
Birchall’g deception would become ap
parent.
A DEEP LAID PLOT.
Other correspondence which followed
showed that the prisoner was preparing
Ben well’s father to receive reports from him
instead of from his son. On board ship
Pelley and Benwell became antagonized,
but Birchall was able to reconcile Pelley.
While, no doubt, he had given both tho
young men the same glowing description of
tbe farm, Pelley had already been taken in.
Birchall had got his £l7O. But it was not
so with Benwell. Then, take the letter of
Birchall to CoL Benwell three days after the
•on was dead. Fancy Benwell writing by
the same mail to his father that he had been
deceived, that there was no farm. But
Birchall knew where Benwell was; that he
was lying cold and stiff in Blenheim swamp,
and that his right hand would never agitiu
address letters to his dear father. The
solution of this was that it was the only
way to get possession of £SOO.
THE DAMAGING LETTERS.
He wrote that he had introduced bis son
to many friends and had shown him books.
Where are these books! and where are the
friend* he introduced him to! None of the
friends in the witness box would set the
prisoner free. But there was not a particle
of truth in his letter of Feb. 20. Then look
at how skillfully Birchall wrota that letter
to have money sent, not to J. R. Birchall
and F. C. Benwell.bat to the firm of Birchall
& Benwell. Therefore Birchall could draw
the money without lien wed’s being ou
hand. No further identification was neces
sary, If this state of things did not exist,
then Blackstock’s argument would be very
conclusive. Under the 9>rcumst>ances the
burden is unon the prisoner to shew where
he was ou Feb. 17.
The prisoner hal a perfect right to make
a statement at the close of the evidenoe aud
tell the jury anything he ohooae, and the
law prevented him cross-examining him;
but na Look at hi* awful silence on this
point. Why does he not speak about this i
terrible blank! The contention of the 1
crown is that the prisoner killed Ben wall in
the swamp; in fact, very near where the!
body was found. He might have had some
one to help him or two men might have
carried the body in there.
The prisoner was actually guilty of get
ting rid of this man. It was a daylight
murder. He knew that Benwell was a
stranger in the country. If it had been
otherwise the man's faoe would have iden
tified him. The prisoner was the oulv man
in Ontario who knew the deceased. He was
a stranger in the country; therefore it was
necessary to destroy his ideutity.
THE JUDGE'S ADDRESS.
The judge began his address at 7:88
o’clock, and in opening remarked that they
were now drawing to the close of a grave
and important case. On the threshold of
the case ho warned the jury to disabuse
their minds of any statemeuts they may
have read, and leave their minds like a blank
page to receive the evidence given in
court under oath. Iu this case there
was uo diroct evidence of guilt; yet, like
many other cases, it showed great de
pravity. He poiuted out the difference be
tween direct and circumstantial evidence,
showing, us he said, that the latter, when
conclusive, was far more reliable. In this
case the jury was oalled upon to oon9ider
the evidence according to rules he hod laid
down in such cases.
REVIEW OF THE EVIDENCE.
The crown undertook to satisfy the jury
as reasonable men tliat the prisoner at the
bar hat murdered Ben well. The first thing,
then, to consider is what was the object of
the two men in leaving Buffalo together.
If we are to believe Pelley,
they were to look at a farm
aud make preparation for receiving
inm and Bircball’s wife. The prisoner and
Benwell started out without any luggage,
so that if they did stop at the farm they
they would return shortly. We have it in
evidence that Birchall bad no farm
at Niagara Therefore, what was
his objective point! If they wore seen on
the train, then the case must naturally fail..
They left Buffalo at a vory early hour for'
some reason, because Pelley said it was be
fore 6 o’clock wheu he hoard them leaving
the hotel. The agent at the bridge
states that two tickets were sold to
Eastwood, and the crown ask-i you to be
lieve that the prisoner and Ben Well were
the men who used the tlokots, aud that
Poole collected these tickets between Ham
ilton and Eastwood. The judge then re
viewed evidence given by Witnesses for the
crown and said:
A WEII OF DECEPTION.
The thoory of the crown is that tho
prisoner murdered Benwell in the swamp
on Monday. If he did not murder him on
that d*y, tnen he iB not guilty of this crime,
because that is the only day he was in tliat
locality. It is Important to remember that
Birchall had the keys of Ben
well’s baggage, and then comes the
letter written by the prisoner to
Ben well's father, saying his son had in
spected tho farm and books and was satis
ged. If the £SOO had been sent, os re
quested by the prisoner, in tho firm’s name,
any member of the firm could claim the
money. Ho was bound to teil them
this as a matter of law. What
was the object of this letter? The
prisoner speaks of the purchase of another
piece of property, aud that his son would
write him by the next nialL There was no
farm, there wero uo horses, there was no
business In Buffalo. Ail wai deception, so
that the prisoner must have known that
young Benwell would never write such a
letter to his father.
THE TELL-TALE CIGAR HOLDER.
Reverting to the finding of the body, his
lordship said, it was a significant fact that
every mark on the clothing had been re
moved, and had the cigarnolder not beeu
fonnd Ben well’s death could have always
remained a mystery. There was a stub of
a cigar in the cigarholder, showing that
the deoensed was smoking at tbe time of his
death or had been just previously.
His lordship, iu conclusion, said tliat the
duty rested with the jury to pass upon the
evidence, and this was a solemn one. With
the punishment they have nothing to do.
He concluded his address at 9:50 o’olock,
after which tbe court was cleared and the
jury retired.
THE VERDICT.
The jury retired at 9:53 o’clock and
returned at 11:25 o’clock with a veidict of
guilty. The judge said he fully concurred
with the verdict aud at onoe sentenced
Birchall to be hanged Nov. 14.
MISSISSIPPI'S CONVBNTION.
1
Report of the Legislative Committee
Under Consideration.
Jackson, Miss., Sept. 29. —The conven
tion to-day completed its consideration of
the executive report with the exceptions of
the sections relating to the offices of lien
teuaut governor and swamp land commis
sioner respectively, which were passed over
for future disposition. The remainder was
adopted.
The convention then considered the legis
lative report. There was a spirited debate
also upon tbe proposed section requiring
members of tbe lower bouse of the legisla
ture to be 27 years of age instead of 21, as
now provided by law. The proposition to
strike out 27 and insert 21 prevailed. Other
sections are confined to matters of detail,
aud were passed without discussion until
section 34 was reached, when a wrangle
ensued which called for a storm of amend
ments and substitutes. The section read as
follows:
No bill to raise money or making appropria
tion of money out ot tne state treasury, or re
quiring an appropriation to be made by any
county or municipal corporation, shall here
after be naased for a longer period than two
years, nor shall uch bill be passed exoept by
the votes of the majority of ail tho members
elected to each house of the legislature.
Discussion over this section was still pend
ing when the convention adjourned.
CROWDED GALLRRIE3 BXPBOTBD.
Carlisle and Ingalls to Speak on the
Tariff BilL
Washington, Bept. 29.—1 tis understood
to-night that tbe final vote on the tariff bill
in the Senate will be taken to-morrow after
noon at 4 o’clock, and that the bill will go
at once to the I'residout. Mr. I’addock is
understood to be the only republican who
will vote against the bill. He does so on
account of the duty on binding twine. His
vote will, however, have no affect.
Senators Ingalls and Carlisle are expected
to make the closing speeches for tbe two
parties to-morrow. Tho galleries will of
course be crowded to hear those two great
orators.
Adjournment Is looked for on Wednesday
or Thursday.
Trains Crash Together.
Wilkesbabre, PM, Sept 29.—Through
the failure of a telegraph operator on the
Jersey Central railroad to deliver a train
order to-night a passenger train and a coal
train came into collision. One engineer
and two firemen were killed and one en
gineer udJ iwo brake mm badly hurt. Pas
sengers suffered nothing worse than fright
am a tew bruises.
THRBATRNBD TO BTRIKB HIM.
A Boulanglst Takas Dtsbrsge at a
french Minister's Speech.
Paris, Sept. 89.—M. Ives Guyot, minis
ter of public works, in a speeoh at the opon
iug of the new bridge over the Seine at
Con flans, Sainte Honorlne, expressed re
gret that, notwithstanding the recent Bou
langist revelations, there still existed in
France persons who were ready to support
a flag other than that of the re
public. Hearing some murmurs of
disapproval in the crowd M. Guvot
added: “Accomplices of the aspirants to
the throne of Ctesar hare no business here.
The best course his dupes can take is to
allow themselves to be buried iu oblivion.”
When the ceremony was over, and M.
Guvot was about to depart, a Boulangist
rushed toward the wluister, using insulting
words and threatening to strike him. The
man was promptly arrested.
PREMIER CRISPI'B VIEW.
He Declares the Annexation of Tunis
by France a Stab at Italy.
Paris, Sept. 9b.—The Fig iro publishes
an interview wlih Sig. Crispi, the Italian
prime minister, in which he denounces the
attitude of France toward Italy, atul in
stances the annexation of Tunis, In spite
of her promises to that oontrary as a breach
of good faith on the part of Franoe. This
action, ho declared, was a stab at the heart
of Italy. He defended the alliance
between Germany, Austria and Italy, the
negotiation of which, ho said, is still pend
ing. Thero is no danger of war unless it is
sought by France. He deplored the con
tinued increase of their armament by the
nations of Europe, and believed that this
course would ena in ruining Europe to the
advantage of America.
SITUATION IN ARMENIA.
Turks Arming to Resist Russian Ag
gressions.
London, Sept. 29.—A dispatch from Er
zeroura says that tho situation In Armenia
ha* become serious. The Russian govern
ment has massed 72,000 troops ou the Ar
menian frontier. The Turks are expecting
an attack and aro rapidly supplying the
Kurds with arms and araniunltian and
making other preparations to resist tho
Russian forces. Russia is also increasing
tbe frontier guards on the boundaries of
Austria, Turkey and Persia. The alleged
object of this Increase is to provide for more
effective suppression of smuggling.
SERVIA’S king shot at.
tha Story of an Accidental Explosion
of a Bomb Dlscedited.
Vienna, Hept. 29.—A report is current
here that a deliberate attempt was made
upon the lives of King Alexander of Hervia
and his futhor, ex-King Milan, at Belgia
yesterday. The story tliat a bomb was ac
cidentally exploded in the royal carriage Is
said to have been given to the public by tho
authorities in order to minimize the im-
Eortance of tho affair. The young king aud
is father, it is asserted, were deliiierately
fired at by someone ia u crowd of specta
tors, but the offioiais made every effort to
prevent the news being spread abroad.
Blavln and McAullffe Remanded.
London, Sept 29. -Slaviu and Me-
Auliffe, having been informed that tho au
thorities intended to prosecute them for
fighting, surrendered themselves to tho
police this morning, and were arraigned in
Lam both police court on a charge of com
mitting broach of the peace. They were
remanded until Friday on £I,OOO bonds.
Naval Officers Banqueted.
Berlin, Sept. 28.—Tho Naval Officers’
Club at Kiel gave a banquet last night to
tho offioers attached to tbe United States
steamer Baltimore.
London's New Lord Mayor.
London, Sept. 29.—Joseph Savory has
been elected lord mayor of London.
DISTILLERY WAREHOUSE BURNED
Fifteen Hundred Barrels of Tax-paid
Whisky Consumed.
Madison, Ind., Sept. 29.—Tbe old stone
warehouse of the Rich wood distillery, situ
ated in Kentucky, opposite this city, was
destroyed by fire yesterday afternoon. The
house contained 1,500 barrels of tax-paid
whisky, all of which was destroyed. The
property and whisky belonged to Levy &
Bro. of Cincinnati. Tbe fire department
of Madison crossed the river and succeeded
In saving the distillery and an adjoining
house, which contained over 7,000 barrels
of whisky. The lues is roughly estimated
at SIOO,OOO. The fire originated in a brick
yard near by, and was communicated to
the warehouse by high winds blowing at
the time.
GRIST MILL AND BOX FACTORY BURNED.
Danville, Va., Sept 29.—At a late hour
Saturday night the large grist mill and box
factory of J. 11. Walker was destroyed by
fire at Retdsville, N. C. Lo (45,000, In
surance $20,000. The mills will be rebuilt.
CANADIAN BEAL POACHERS.
Encouraged by Lenient Treatment to
Make Another Voyage.
Ottawa, Ont., Sept. 29.—The govern
ment has received word that several
schooners, encouraged by the lenient treat
ment accorded them In Behring sea and
their immunity from seizure this year are
to make a second tlip there this fall. Gov
ernment ad vices state that the British Col
umbia schooner Triumph has sailed on her
second trip for the purpose not only of de
monstrating whether or not seals in Behring
sea are being thinned out or if tbe seals have
taken possession of new feeding grounds.
National Prison Ccmsrr ->ss.
Cincinnati, Bept. 29. —There was long
continued aud earnest discussion of the pa
per of Warden Brush in the national prison
c-ngress to-day. Mr. Brock wey of Elmira,
Ala., was the only one who took issue with
it* propositions, and ho was answered by
quite a number, including Col. Chamberlin
of Connecticut, Mr. Dubbs of Massachu
setts and Col. Davidson of Alabama.
The congress made some amendments to
its constitution, and decided to meet at
Pittsburg next year on Oct. 10.
New York's Municipal Census.
New York, Sept. 29. —The police of the
city began to-day the work of recording the
city’s population. Nine hundred and forty -
seven offioers are engaged iu the work. The
result will be sent to Mayor Grant for tab
ulation.
Found Dead in Bed.
Richmond, Va., Sept 29. 8. M. Griffin,
a well known tohaooonist, was found dead
in bed this morning, having committed
suicide by shooting himself with a pistol.
He was to have been married Oct &
Blk Cargo of Tobacco,
New York, Sept. 28. The steamer
Spaardam from Rotterdam, which arrived
to-day, brought 6,509 bales of Sumatra
tobacco, valued at (1,500,000.
1 "ftW.WP t
I WEEKLY. $1.25 A YEAR, J
WHEAT IN A BAD LIGHT,
THB INVESTIGATION GOING DE
CIDEDLY AGAINST HIM.
Hls Predecessor Denies Having Re
ceived Rebates Young Wheat's
Arrangement With Bradley Mada
With the Connivance of the Eldetf
Wheat—Unpopular With His Bin
ployee.
Washington, Sept 29 lnvestigation of
the chargee again it Postmaster Wheat of
the House of Representatives was continued
by the committee on aaoounts to-day, with
Mr. Spoouer the chairman presiding. Be
fore any witnesses were examined Repre
sentative Caswell of Wisconsin, represent
ing Wheat, called tbo attention of the oom
rnitteo to the act making appropriations fo
the House postoffloe, and contended that its
phraseology gave to the pootmaster absolute
right to $5,000, appropriated for carrying
the malls. The phraseology had been
changed a few years ago, he said, to that
the postmaster was allowed to use the whole
amount or so much as might be necessary.
FORMER CONTRACTS.
Mr. Dalton, postmaster in the Forty-*
eighth, Forty-ninth and Fiftieth congress no,
was preamt and desired to make a state
ment. He said that when he entered upon
hit office a contract was in existence for
carrying these mails, but the person doing
the work going into other business, he en
tered into a contract witti Henry Culbertson
for doing the work ut $5,000 per year. Ha
never, direotly or indirectly, received any
part of this money as a |>erquisite of bit
office. Witen Culbertson took charge ha
did not have any money, so witness lent
him money to buy on outfit and bad been
reimbursed.
Iu answer to Mr. H ayes, witness denied
having made a statement to Wheat thab
Culbertson could afford to give Wheat any
money for the keeping of the ooutract. In
answer to Postmaster Wheat, witness de
nied having said to him (Wheat) that Cul
bertson could give to him $l5O per month,
and it would be all right. To Mr. Grimes
witness said ho never had seen Wheat’s Son
before to-day; that he never during six
years, had got a oent out of the o mtract
with Culbortson, and that he never told
Wheat about any of the perquisites of tho
office.
YOUNG WHEAT’S DOUBLE SALARY.
The matter of Wheat’s son drawing the
salary for whioh another man’s name wat
carried on tho roils was then taken up. Tna
gist of tho testimony Is that a vacancy oc
curring in the postoffioe, young Wheal
asked William K. Bradlev to permit ills
name to go upon the rolls and to sign
vouchers for tho pay at the rate of SIOO per
month, of wbiou Bradley was to pay
Wheat $95 per month, retaining jo,
Iu addition to this the Wheats,
fntbor and sou .{obtained R-preventative
Caswell’s indorsement upon Bradley's ap
plication for a position iu the government
printing office. When this vacancy was
filled another bail occurred, and also the
described arrangement was continued as to
this one, exoept that Bradley retained $lO
this time, notwithstanding threats of tne
withdrawal of Mr. Caswell* name from his
recommendation. On behalf of young
Wheat it was explained that he actually
did the work of the two positions, his own
and the substitute, witli occasiou.il belp
from bis father, the hours of the two places
being such that he oouid do so.
A PARTY TO THE ARRANGEMENT.
Bradley testified that Postmaster Wheal
was present wheu tiie settlement was mads
between himself and young Wheat, and il
was the elder Wheat, who suggested tb*
withdrawal of Caswell’s indorsement. Sub
sequently Postmaster Wheat had spoken of
the impropriety of this substitute arrange
ment, an 1 had discharged Bradley.
Other testimony indicated tliat Post
master Wheat is personally unpopular with
some of his employe*, some describing him
as “overbearing,” a id also that the feeling
existed tliat young Wheat’s attempt to do
the wmrk of the two positioni hod increased
the labors of tbe other employes. On be
half of Representative Caawoil young
Wheat testified that Mr. Caswell had na
knowledge of hi* arrangement with Brad
ley when ho (Caswell) signed Bradley’s
papers at Wheat’s request. Wheat is ■
constituent of Caswell’s.
MATTERS AT CHARLESTON.
Solid Train of Domestics—Yesterday's
Gotten Receipts.
Charleston, Sept. 29.—A solid train
over the South Carolina railway arrived
here to-day with 1,000 bales of domestics,
shipped from the Pelzor mills. This is th<
first solid traiu of domestics ever received
here. The entire lot went to Boston on thi
Clyde line steamers.
There was a big hurrah in the cotton
exchange to-day when the day’s receipts of
oo ton were posted ou tbe black bo ird—
-10,136 bales. This is the first time in th*
history of Charleston that a day’s receipt!
have reached 10,000 bales.
THEY WANT THE MONEY.
Beniamin Franklin's Heirs Lay Claim
to a Trust Fund.
Philadelphia, Kept. 29.—A petitloi
was filed in the orphans’ court of this city
today by the heirs of Benjamin Pranklio
praying that the sum of SIOO,OOO now held
by tbe board of oity trustees, and known ai
the “Franklin fund,” be turned over t*
them, the ground for tha claim being that
tbe provisions ot the will are iu violations
of law and therefore void.
THB FIGHT AGAINBT GORDON.
Mayor Glenn of Atlanta Mentioned foi
the Senatorshlp.
Atlanta, Ga., Sept. 29.—The Souther*
Alliance F armer ia still preaching against
Gov. Gordon from the text furnished by
Col. Norwood. Most of the editorials are sar
castle flings at the goveruor’s business enter
prises. Editor Brown is still engaged ii
trying to mislead Gov. Gordon and bn
friends in regard to tbe true candidate foi
the Senate. Week before last Cob Nor
wood was advocated, lost week Judge Hina*
was suggested, this week Mayor Glenn hoi
beau mentioned as a suitablo man tor th
place, and the Former adds that there a
plenty of room for him if he is In favor oi
■the sub-treasury bill
In the meantime Gov. Gordon is still
being indorsed for the Senate. The sub
alliance No. 714 of Jackson to-day unani
mously adopted, by a rising vote, a resolu
tion indorsing Gov. John B. Gordon for tin
Senate, and emphatically condemning tin
methods being used to mislead and deludt
the people by those opposing him.
Fell Through a Skylight.
Atlanta, Sept. 29.—William Watts, oi
tbe firm of Watts & Huff, harness makers
while walking on the roof above his offic*
made a misstep and fell through the sky
light to tbe floor below, crushiug througt
the glass and cutting and bruising himsek
seriously.