The morning news. (Savannah, Ga.) 1887-1900, September 30, 1890, Image 1

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, 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.