Newspaper Page Text
THE MORNING NEWS. i
established ISO. - - Incorporated 188$. >
J. H. ESTILL, President. j
MRS. VANDERBILT DIVORCED.
the charges against william
K. PROVtX.
She I* Given the Right to Marry
Attain Hat He Can Not Do So Dur
ing Hi* Ei-W lfc' Life—The Mother
Given the Custody of the Children.
Mr. \ underbill Settles a Lump Sum
on Her.
New York. March s—Judge Barrett of
the supreme court this afternoon granted
a decree of absolute divorce in favor of
Mrs. Alva E. Vanderbilt from her hus
band, William K. Vanderbilt, the well
known millionaire. A- all of the testi
mony and the report of the referee have
been sealed, no facts can be ascertained
as to the parties who are Implicated with
Mr. Vanderbilt. Although a liberal allow
ance has been granted Mrs. Vanderbilt,
there is no record of the gum which her
husband has agreed to give her. The only
paper the public can examine is the decree
of divorce. Mrs. Vanderbilt is to have
the care and custody of her three chil
dren.
The decree Is granted upon the report
of Edmond Kelly, who was appointed to
heir and determine all the Issues involved.
In the action the complaint in the suit
was served on Mr. Vanderbilt on Jan. 3
last, and within a short time the answer
of Mr. Vanderbilt was served by his coun
sel, Anderson, Howland & Murray. The
ease was sent to the referee on Jan. 18.
Mrs. Vanderbilt was "represented by Jo
seph H. Choate, Col. William Jay and
William A. Duer, and Henry H. Anderson
represented Mr. Vanderbilt.
The referee made his report on Feb. 5,
In which he found all the allegations in
the complaint to be true, that Mrs. Van
derbllt was entitled to her decree of di
vorce, and that she should also have the
custody of the three children, Consuelo,
William K.. Jr., and Harold Vanderbilt.
Mr. Vanderbilt raised the Issue as to the
allegations of the divorce in his answer
by denying tho charges made in the com
plaint, and upon the issue the case was
tent to Mr. Kelly as referee. His report
tinds that the allegations of Mrs. Vander
bilt are true, and that Mr. Vanderbilt
has been guilty of the acts charged against
him. The parties were married on April
20. 1875.
Neither the complaint nor the answer,
nor the report of the referee, nor the
testimony is open for Inspection. The
only paper that can be seen Is the decree
of the court.
In this It is set forth that the referee
finds and decides, among other things,
that the material allegations of the com
plaint in this action are true. • • • • •
“That the defendant had been guilty of
the acts of adultery charged In the com
plaint. as in the said report found and
specified. ••••*•
That the defendant Is a man of con.
slderable means and able to provide for
his wile and family, and that the com
plaint is entitled to suitable provision for
the support of herself and for the edu
cation and maintenance of her children.
“The referee having directed that Judg
ment he entered in this action in favor
the plaintiff and dissolved the marriage
1 tw.-n the parties hereto, and the
action havlncr duly come on to be heard
on I eb. 5, 1895, and the referee having
<!ulv made his report to this court, the
parties were directed to attend a special
term of this court on Feb. 21, 1895. to
rtvent evidence on both sides. Said
heaniur having been adjourned until this
the plaintiff presented an agreement
Bakins due provision for the education
an l maintenance of the children and sup-
Tort of the plaintiff, dated Jan. 1. 1895,
t * plaintiff duly waived and relinquished
a ’ :l h ' r rights and claim to have any such
provision required to be made by this
rourr herein. And after hearing Joseph
>i- Choate, William Jay and William H.
Cu* r. of counsel on behalf of the plaintiff,
an<l Henry H. Anderson, for the defend
a; r • : *n(l on motion of Messrs. Dayo, Duer
flnrl Baurdoff, attorneys for the plaintiff,
h is ordered, judged and decreed that the
phM report of the referee be in all re
epe ts ratified, approved and confirmed,
and it is further adjudged and decreed
that thn plaintiff, Alva A. Vanderbilt, and
th< defendant, William K. Vanderbilt, the
pirti- s to this action, be and they hereby
arA divorced, and that the marriage be
tween them is dissolved accordingly.
' It is also adjudged that the plaintiff be
Permitted to marry agrain during the life of
Villi;.m K. Vanderbilt, as if the mar*
to him had never taken place.
It is di reed, however, that William
K. \ and* rbilt is not permitted to marry
during the life of the said Alva Vander-
“It is ordered that the said William K.
' andcrbilt be permitted to visit the said
cniMren at all proper times.
is also ordered that the children re
r ive their education \n the United States
) ,p0 . n ‘ onsent of both parties through
xm-ir lawyers in court.’*
ie three children of the marriage are
onsuelo. born on March 2, 1877, William
born on Oct. 6 .1878, and Harold
horn on July 6, 1884.
Justice Barrett said that he had had
•- report of the referee and a transcript
ar\- * testimon y since early in Febru
t-J *j as slc^. M he said, “or I would ha je
f 5" , the decree long ago. To-day is the
f V ave spent in c °urt since my illness,
. , J hls divorce was one *of the first
. : hat I attended to in the course of
y auty.
-■ r • \ anderbllt has made ample pro
n for his wife. He has formally
' to l ia >’ her a lump sum. lam not
eovrv t 0 mentlon the amount, of
. ‘ '*'■ hut it was considered entirely suf
f _ by Mrs. Vanderbilt and her attor
lip ' , The testimony and the report of
c .'teferee are sealed, under a provision
it i
r , , ' sa * < l that Mrs. Vanderbilt has ar
' ' '" sail for Europe to-morrow for
■ ng visit. She will be accompanied by
er three children.
. dory of the trouble in the Vander
c,‘.. "tally first came to the knowledge
fin','' ' ,ublic la9t August, when a cable
h from Paris stated that formal
itions were then in progress for a
y.:Lr\ separation between William K.
'stWerbiit and his wife.
, name of Nellie Neustretter, a very
Known woman living in Paris, was
... “'“ned in connection with these pro-
She had recently established
>. in expensive apartments in Paris
' Deuville, with an elaborate en
of servants. The domestic rela-
I-a n : ' etween Mr. and Mrs. Vanderbilt
n n " a almost a climax last spring,
ne party on the splendid yacht Va
"ke up in the Mediterranean un
"instances which at once widely
_ v . . ; all its members.
s. ' "lerbllt went to England, where
1 may's beautiful estate, Danes
lr Henley on the Thames, had
In f° r her.
une last Cornelius Vanderbilt went
She jSHotfninfl jCnoe.
London to interpose his strenuous of
fices to stop further, and especially public
proceeding*, but was unsuccessful in re
storing peace, and returned home.
Mrs. Vanderbilt committed her interests
to Col. William Jay of this city. A formal
proposition had, it is said, been made to
Mrs. Vanderbilt for a separation on terms
of an allowance of $3,000,0000, the custody
of her children and the possession of three
houses at Newport, Islip and in New
York.
In the spring months Mr. Vanderbilt
was conspicuous in Paris. He spent money
without stint, and is reported to have had
a very good time indeed. But Mr. Van
derbilt has defenders among hi3 friends
here, who declare unworthy of belief the
published articles involving a woman.
Mrs. Vanderbilt, at her country place
across the channel, is said to have been
kept regularly Informed of Mr. Vander
bilt's movements. After considering the
matter she determined to take advice of
some of her London friends. Her lawyers
in England, it is understood, at once got
into communication with Mr. Vanderbilt’s
lawyers and after a deal of offering and
rejecting of plans, it is said they finally
reached an agreement to have merely a
separation. Each was strongly opposed to
publicity and they had an idea that that
might be avoided.
Mrs. W. K. Vanderbilt arrived in this
city on Sept. 28. She was accompanied by
h<*r three children. She met none of her
family at the wharf, but went immediate
ly to Newport, where a family conclave
was held and every effort, it is said, was
made to induce her to give up her deter
mination to press the divorce proceedings
against her husband.
A day or two afterwards another family
conference was held at the Hotel Bruns
wick, in Boston, where another attempt
was made to dissuade her from bringing
a scandal upon the family, but without
avail.
Mrs. Vanderbilt was Arm In her purpose,
and as the matter had already been
placed In the hands of her lawyers, she
would listen to no arguments on the part
of her husband's family.
Meanwhile W. K. Vanderbilt had re
mained abroad. He did not return to New
York until Dec. 12, last. He remained for
a time at the house of his mother, Mrs.
William H. Vanderbilt, on Fifth avenue.
All attempts to see him and induce him
to talk of the divorce proceedings of his
w ife were fruitless.
During the holidays Mr. Vanderbilt vis
ited Newport, where his wife was living,
and this gave rise to a rumor that there
had been a reconciliation between them.
A few* days before Christmas it was
reported that Mr. Vanderbilt had been
seen at his wife’s residence in Newport.
He drove up to the door in a stylish turn
out and his children came out and took
a long drive with him. When they re
turned he kised them all affectionately
and they re-entered the house, while he
drove away.
ItNvas afterwards learned that he did
not meet his wife during his stay at
Newport, and that he only went there
to see hi* children. No attempt was made
by him to bring about a reconciliation.
Soon after that he went to the Adiron
dacks for a few days, and returned to
England about the middle of January.
William K. Vanderbilt, who is known
to his intimates as "Willis K.” is the sec
ond son of the late William H. Vanderbilt,
and grandson of Commodore Cornelius
Vanderbilt, the founder of the great for
tune that has been divided among the
grandchildren. When William H. Vander
bilt died he willed $10,000,000 outright to
each of his children. The residue of the
estate, estimated at $100,000,000, was equally
divided between his two eldest sons, Cor
nelius and William K. Since then it Is be
lieved to have increased largely.
William K. Vanderbilt was 26 years old
when he lirst met the woman who after
wards became his wife. He had just re
turned from an extended tour to Europe.
His sister, Mrs. Elliott F. Shepard, gave a
reception In his honor, and there he met
Miss Alva Smith, a young southern wo
man, and one of three sisters noted for
their beauty. Miss Smith’s family was not
wealthy. They were residents of Mobile,
and came of excellent stock.
One of her sisters, Mary Virginia, mar
ried Fernando Ysnaga, one of whose sis
ters is now the dowager Duchess of Man
chester. For her Miss Conseulo Vanderbilt
was named. Mrs. Ysnaga was subsequent
ly divorced from her husband, and later
she married George Tiffany of this city.
Some months after the meeting of Wil
liam K. Vanderbilt and Miss Smith their
engagement was announced, and a short
time later the wedding, a magnificent af
fair of its kind, was celebrated. There
was a honeymoon in Europe and then the
young couple returned to this city and set
tled down.
William K. built a splendid gray stone
house at the corner of Fifty-second street
and Fifth avenue, at a cost of about
$3,000,000. A few years later he built a
sumptuous marble house at Newport,
which cost $1,000,000, and which he gave to
his wife.
Much of the family’s time has been spent
abroad. The family entertained a great
deal, and Mr. and Mrs. Vanderbilt figured
prominently In society, both in this country
and abroad.
Although Mr. Vanderbilt has always
been a lover of pleasure, he has worked
too. At the age of 26 he was made Second
vice president of the New York Central
railroad, which place he held for six
years, when he became president of the
Nickfc! Plate road. Besides his town
house and the Newport house, he has a
fine country place at Xslip, L. I.
Mrs. Vanderbilt is now about 34 years
old. She has a pretty face and handsome
figure. She has always been conspicuous
for her costumes and diamonds, and has in
the past few years entertained largely.
A BUSINESS BLOCK BLOWN IT.
Several Stores Wrecked —Pr edict*- and
By n Spiritualist.
Anderson, Ind., March s.—The most des- j
tructive natural gas explosion in the his- [
tory of the Indiana gas belt occurred here
at 4 o’clock this morning. A $75,000 bust- I
ness block on Court House square was j
blown over all the central part of the city.
In the building were the "When’’ cloth
ing stores, Prather's shoe store, Hadley’s
drug store, and a large number of busi
ness offices and halls on the upper floor.
Fire followed the explosion, which was
like an earthquake, and the remains of
the debris began burning fiercely. The en
tire fire department was called out and
prevented the tire from reaching the new
court house. The loss on the building and
its contents Is total and will reach $400,-
000. The fronts of all the business houses
in the neighborhood of the explosion were
demolished, the paved streets ripped open
and the telephone wires torn down.
A falling wall caught Fireman Gustin
and crushed his arm. Mrs. Wilson Porter
Kayner of Chicago gave spirit readings *
here a week ago, and said that in a short
time the business center of the city would
be visted by a big fire and tha- there ;
would be shoes flying about in the fire, j
The circumstances of to-day verified -Mrs. j
Kayner's prediction. 1
SAVANNAH, GA., WEDNESDAY, MARCH 6, 1595.
A CUT IN PASSENGER RATES.
THE PARE FROM ATLANTA TO NEW
YORK VIA THE SEABOARD f 14.
The Air I.lnc < ompuny Ont to Make
It Hot for tlie Honda lloyeotting
!•—The Sew Kntex lo He Effective
I util Further Order*—-The Hale
Froiu A;lauta to WaMhingtiin, SU.SO,
a*id to Itiehiiioud,
Norfolk, Vbu, March s.—The war be-
A
Southern Railway and Steamship Associa
tion has culminated in the issuing of
a mammoth circular to be scattered
broadcast through the country by the
Seaboard Air Line system, in which that
company says that “The principal com
petitors of Seaboard Air Line have an
nounced that they could not secure all
of the business except through the ques
tionable method of a boycott, and having
declared one effective from and after
March 1, 1*95, therefore, on March 6 the
boycotted line, the Seaboard Air Line,
announces the following rates effective
from and after Wednesday, March 6, and
until further orders: For first-class pas
senger tickets, good for thirty days from
date of sale, between Atlanta, Elberton,
York, via Portsmouth, Va., reduced from
$24 to sl4; Philadelphia, $21.50 to $11.30; Bal
timore, $17.50 to $9.50; Washington, $17.50 to
$9.50; Portsmouth and Norfolk, $14.75 to $8;
Petexsburg, $15.50 to $9.15; Richmond, $15.50
to $9.80.
“These sweeping reductions are followed
by the statement that ‘the superb train
service of the Seaboard Air Lins is not
disturbed by the boycott. The Atlanta
special vestibuled limited, composed of
day coaches and Pullman drawing room
buffet sleeping cars, runs solid between
Atlanta and Washington, making three
hours quicker time to New York than any
train upon which no extra charge is
made.’
“The Seaboard people say that they will
fight it out on this line if it takes all
summer. They have faith in their ability
to hold their own against any combination
that can possibly be made, or that has
been made.
To-night the Virginian printing presses
are running at high pressure and by to
morrow morning more than 100,U00 circu
lars will be ready for distribution to in
form the public of the reduced rates.”
Atlanta, Ga., March s.—President Hoff
man and Vice President St. John of the
Seaboard Air Line are expected here to
morrow. Mr. St. John’s policy is to make
the war severe and short. He states that
the Seaboard will not enter the Southern
Uailw’ay and Steamship Association until
anew commissioner is elected to succeed
E. B. Rtnhlman. Railroad men predict that
the Seaboard will whip the boycott and
compel Commissioner Stahlman either to
declare It off or it will break up the aso
ciatlon.
Baltimore. Md., March s.—President R.
Curson Hoflman, of the Seaboard Air Line,
left this evening for Norfolk, Va., for
the purpose of meeting Vice President St.
John and discussing with him the boycott
which has been declared against the Sea
board by the Southern Railway anil
Steamship Association. The hearing of
the application to make the injunction
permanent which the Seaboard has ob
tained against the Western and Atlantic
and Nashville, Chattanooga and St. Louis
railroads, restraining them from joining
the boycott, is set lor next Saturday at
Atlanta. President Hoffman said to-day
that he felt confident that the court would
decide in favor of his line, in which event
the boycott will be practically useless, as
without the co-operation of those lines
the Southern Railway and Steamship As
sociation could not make it effective.
TOOK MORPHINE AND DIED.
A Shortage In the Dead Man’s Ac
count* Suspected.
Birmingham, Ala., March 5.—J. Lin
wood Shropshire, about 25 years old,
cashier at the freight office in this city
of the Columbus and Western railway,
committed suicide to-day by taking an
overdose of morphine. He died at 9
o'clock to-night. The cause of the sui
cide is unknown, but It is thought there
is some shortage in his accounts, which
are now being investigated by experts.
Shropshire was a single man. He came to
this city from Eufaula a few years ago
and was living with his father. He stood
well socially, was sober and considered
an exemplary young man. It Is said that
he addressed letters to his parents and to
Agent Stephens last night indicating his
intention. He disappeared and could not
be found until 4 o’clock to-day, when It
was learned that he occupied a room at
the Metropolitan hotel which he engaged
twelve hours before. Several doctors
were at once summoned, but they found
It was too late to save his life.
TENDERED HIM
The Booth Indictment Against the
Meudoweraft* Quashed.
Chicago, March s.—Judge Freeman this
afternoon quashed the Booth indictment
against the Meadowcraft Brothers, ex
bankers. Booth had a $600,000 deposit in
the Meadowcraft bank at the time of the
failure and the indictment charged the
Meadowcrafts with taking the money
when they knew they were Insolvent. This
afternoon the'ex-bankers, in court, ten
dered Booth his money. Judge Freeman
held that this tender purged the defend
ants of guilt. Eleven other Indictments
hanging over the M#adowerafts will now
have to be amended. Judge Freeman’s
decision has no bearing on the ex-bank
ers’ conviction in Judge Brentano’s court,
an appeal from which is now pending in
the supreme court.
FLED FROM DEBT* OF *75,000.
Two Young Hustlers Leave St. Louis j
Under a Cloud.
St. Louis, Mo., March s. —Crawford M.
Kendrick and Charles A. Kendrick, two
brothers, who have been engaged In busi
ness here as a firm under the names of the
Eureka Vinegar Company, the Mississippi
Valley Mercantile Company, and the In
ter-State Candy Company, have disap
pec red from the city, leaving creditors to
the amount of $75,000, The young men
ranked high in business and social circles.
It is believed they have fled to Mexico.
(1 BA'S ITRItIUG,
Tlie Amrrlcui Imiiltrnteil to lie
Tried llj- the Civil Tribunal*.
"Washington, March s.—The Spanish gov
ernment haa given assurances that an
American citisen, Jose Maria Aguirre,
captured with the other rebels In Cuba,
as well as two other Americans among
the prisoners, will be tried by a civil
tribunal. All the revolutionists who are
Spanish subjects will be dealt with ac
cording to martial law.
Havana, March 6.—Martial law has been
declared in the province of Santa Okra
ns the result of the uprising of two in
surgent bands, one of them under the
lead of tho notorious bandit Malagas.
The rebel leaders, Gomez. Marti and
Collazo, are still at Mone Crlsto. A de
tachment of volunteer guards recently
overtook the only band of revolutionists
rvmalning in the province of Santa Clara.
The rebels divided their force into two
parties, one led by the bandit Malagas
and the other by Arango Hodrlgues. After
a sharp engagement the rebels were dis
persed, and were completely demoraliz and.
The governor of Rantago reports from
Cobre that a party of troops overtook
and dispersed a band of rebels undir
command of Matamoras, and pursued
them for some distance, taking some
prisoners.
Madrid, March s.—ln the lower house of
the Cortes to-day, Gen. Lopez Dominguez,
the war minister, declared that the rumors
circulated upon the bourse of insurgent
victories In Cuba and the death of Hen.
Luchumbre were untrue. Gen. Dominguez
stated, in reply to the question asked by
Senor Osina yestepday, with regard to
Americans arrested 1 tn Cuba, that is was
not expected that the United States would
make any claims against the government,
as such action, according to the treaty of
San Juan, would not have any legal basis.
United States Minister Taylor to-day
called upon President Sagagasta and as
sured him that the United States govern
ment would maintain a strict neutrality
in Cuba.
PORT DEPOMT'S FLOOD.
The Damage to Property !|t23,<MM>, Hut
No Live* Lost.
Port Deposit, Md., March 6.—The water
has all left town, but the railroad track
for two miles Is covered with ice from
five to twenty feet thick. The town au
thorities are trying to cut a driveway
through the streets. There is a fourteen
mile gorge at McCali's Ferry, which may
move at any time. The damage by the
flood will reach $25,000, most of which will
have to be paid by tlie poorer classes.
When the Ice gorge broke yesterday
the frozen mass, driven by a swift cur
rent, came rushing down upon the al
ready inundated town. The people had,
however, been warned, and no lives W'ere
lost, llio families of several fisher
men who did not abandon their homes
in time were taken out of the second
story windows Into boats.
The doors and windows of warehouses
near the shore have been demolished by
the floating Ice. Along the Columbia
railroad the ice is piled up twenty feet
high, and all trains are stopped. The
waiting room of the station Is filled with
ice and debris.
The great lee fields stretching from
Port Deposit down to Garrett Island pre
sent a picturesque scene. In some places
the Ice floes are twenty to thirty feet high,
and great masses of It are piled against
the piers of the Baltimore and Ohio rail
road bridge.
JAPAN’S CAPTI RBD SHIPS.
The War Vessels at Yokohama—
Howie’s Trial.
London, March 5.—A dispatch to the Pall
Mall Gazette from Yokohama says the
Chinese warships captured at Wei-Hai-
Wel, have arrived at Yokohama In charge
of the Japanese crews. The Japanese are
hopeful of raising the ships which were
sunk in Wei-Hal-Wei harbor. Howie, the
American who violated his parole and at
tempted to blow up Japanese ships, will be
brought to Japan for trial.
A Central News dispatch from Pekin
says: “LI Hung Chang started for Japan
via Tien Tsln. He Is now In supreme fa
vor. During hLs stay in Pekin he had five
audiences with the emperor and two with
the empress. The prospects for peace are
regarded as very good, hut there will be
no armstice until a conference is had be
tween Chinese envoys and Japanese repre
sentatives. Li Hung Chang has full power,
Is the bearer of an imperial dispatch to
this effect, all his rivals have been de
posed and if his mission Is successful,
many reforms will be instituted. Wung
Tung Ho, the emperor’s tutor, who has all
along been a moat powerful foe to progress
is now out of favor at the palace and all
of the high officials at the palace have
experienced a complete change of senti
ment.
Mr. Pethlck, the American tutor to the
children of Li Hung Chang, has been ap
pointed private adviser of the interpre
ters who will accompany the mission.
IRELAND'S NEW LAND lIILL.
The Freeman’* Journal Speaks Fav
orably of the Measure.
Dublin, March s.—The Freeman's Jour
nal expresses the opinion that the land
bill, Introduced in the House of Com
mons yesterday contains provisions of vast
utility to the tenantry of Ireland.
The Independent (Harnelllte) says the
vital part of the bill Is the question of
Improvements, which requires to be fur
ther explained. The voluntary agreement
in regard to evicted tenants, It thinks. Is
a shameful submission to the landlords.
The unionist Northern Whig, the organ
of the Ulster farmers, accepts the bill as
a fair and reasonable measure.
GERMANY'S HARD TIMES.
A Motion to Refuse the Favored Na
tion Clause to Competitor*.
Berlin. March s.—The German agricul
tural council held a meeting to-day. After
listening to an address by Minister,- von
Hammerstein, the meeting discussed the
motion of Baron ErfTas to relieve the
prevailing distress by refusing the most
favored nation clause to competing coun
tries nod In Europe, while at the same time
proposing that the European countries
unite with the object of securing a cus
toms union and a reform of the currency.
After protracted discussion the motion
was commended to the careful attention
of the ministry of agriculture.
HAYWARDS HARDENED HEART.
me makes a strong speech in
THE til RltElt CASE
•
He* Dwells on Hie Fact Tltnf the De
tVnilimt Wits the Only I'ppmhi Dur-
Iwff the Trial to Manifest Iniliffnr
*ni,i* to the Testimony Attains!
Hint— V Slroriß Point Mmle of tin*
in Hit- Ihnicaiior of
IllUt.
Minneapolis, Minn., March 5.-—Never be
fore, perhaps In the annals of a murder
trial in this country has the singular spec
tacle been presented of a juror being car
ried into the court room and deposited
upon & cot bed. Yet this was the condition
of Juror Dyer this morning when he was
hrought In an ambulance and borne by his
fellow Juror* upstairs to the criminal
| court.
Harry Hayward, when he came into the
j court room looked so pale and 111 that he
; was the subject of general comment, but
! to greetings he responded that he never
felt better in his life.
Miss Glng and Miss Ireland were both
present and the face of the former be
trayed the deepest emotion during Gounty
Attorney Nye’s eloquent speeeh.
At 10 o’clock Mr. Nye began his closing
address to the jury. He l**gan: “A power
greater than man has ever been at work,
the human conscience. It has been at
| work and brought the human assassin to
his knees before his maker. It Is a moral
earthquake, such as we would be unable
I lo describe. It makes men feel very small
when they consider how the law* of Ood
has worked out to a perfect solution that
which was a deep mystery.
“Till* defendant here has been the only
one Indifferent. Aye, worse than IndiflJtr
ent. The cold sneer has played over his
bloodless and conscienceless face as the
tale of blood was told upon this stand.
“Sitting here this defendant has read
papers and laughed at witnesses as they
testified for or against him.
“In the history of the world we find
hut few like this defendant. Tutnj hack,
turn, now, to that other character, Claus
A. Bllxt, a laboring man wlio eurned hi*
living by the sweat of his brow. I chal
lenge tho world to throw the search-light
of heaven upon his record and you will
find It clean, true and honest. I say up
to April. 1894, he belonged to that vast
army that moves the world, the army of
toilers. Well, in April. 1894, these two
character* met, the child of the furnace
in his dirt and oil, and the child of so
ciety. Before long Blixt would turn to
his employer as naturally as a child to Its
father.
“What more natural than that Claus A.
Bllxt should b come the poor tool of
Harry Hayward? From the beginning to
the end the fiendish form of this defend
ant hovered over Claus Bllxt when oth<*r
fellows should have be€*n In bed. His
victim burns a barn, and the master uses
threats of prison as a means of pressure.
Time passes on. On the night of Dec. 3,
after a system of training, of coercion,
after months of hellish discipline and
after filling this poor man with whisky,
the lutter started out to murder this poor
girl. And what is the result? For five
weeks he is physically and morally
broken down. Then he Is arrested. No
man ever went through the agonies that
man suffered. Who could paint the picture
of that man’s life and suffering but Him
who could give the only relief. And my
life for it, gentlemen, he will tell that
story from the scaffold, for it is as true
as the word of God, Itself, and will en
dure forever.
“Why did we not try Claus Bllxt first?
I will tell you. I wished to probe to tho
very bottom of this affair. It has been
said that accomplices are equally found
among saints. They come from the
scene of blood'ltself. The witnesses for
the state often were not angels. I feel
different towards Claus Bllxt than any
other criminal. I have pity for him. it
Is the greatest moral misfortune that
ever overtook a human soul that that
poor man Blixt should have ever fallen
in the hands of Harry Hayward. Who
ever witnessed such a scene in a court
room? The child of trial and labor
on the stand In whose hands the man of
genius (pointing to Attorney Erwin) was
but a toy. It was tho power of truth,
gentlemen.”
“Let then make all they can out of
tihe bloody buggy, the way the body lay
anil such things,” cried Mr. Nye, with a
dramatic sweep of his right arm. “It will
avail nothing how the body struck—the
girl was killed and the murderer has con
fessed. It has been proven conclusively
by three of the best surgeons In the city
that the fractures in Miss Ging’s skull
mlglit have been caused by the fall or
the bullet wound alone. We could have
got 20 more to swear to the same facts
had we desired.”
There was nothing in the case from be
ginning to end, Mr. Nye held that was
not absolutely consistent with the state
ment of Blixt. The statement this man
made was corroborated by Erhart, who
lived only two blocks from tho scene of
the murder. He had loft the street car
half a block away when he found the
body. He met the horse on .the run.
That was natural. for the horse
was scared by the falling body. If there
had been a third\mun, v the chances were
a hundred to one that Erhart would have
seen him before the fellow was able to
make his escape. Mr. Erw in tried hard to
draw from Erhart some clew* to a third
party—to drive some criminal out of the
brush on the Excelsior road. In this and a
hundred other ways hud an effort been
made to throw discredit on the evidence
of Blixt.
The tracks in the road of which the de
fense had made so much Mr. Nye treated
very lightly. They represented to him noth
ing more than a continuation of the beat
en foot prints down the road.
At the afternoon session Mr. Nye again
took up the matter of Hayward's loans to
Miss Glng. and commented sharply on the
sincerity of the alleged lover whose first
regret when his inamorata was murdered
was that “all my money has gone to
h—l.”
He described again with horrible em
phasis and dramatic gesture that scene
in the Oneida block between the two
brothers. The attorney recited a doz?r
circumstances to prove that Adry Hay
ward had at first attempted to shield his
brother. He doubted whether any other
young man under the same circumstances
would have been more honorable, or
would have gone that far. Mr. Nye did
not know to what length he might com
mint as to Adry’s Insanity, but he would
let It go. The court had ruled It out.
What was the good of dragging the fam
ily down by trying to show* that Adry was
a highwayman. Either one of two things
was true. Either Harrj\ Sled fully and
completely about it, or else Harry was
cognizant of It ali, and had arranged it.
else w'hy should Adry lay the watch when- j
Harry could ee it? Adry was not a saint. J
lie might harbor evil thoughts toward hi*
brother, hut he had not trodden the paths
of crime that Harry had.
Mr. Erwin’s point regarding the weight
of the* bullets and cartridge* was called
“another piece of thin air.”
As to Harry Hayward’s testimony, the
speaker had thought before Harry got
through that he had hut Intensified the
truth of th> state’s theory. The lawyer
said h* would rather trust his life to Clau*
Blixt than to a thousand Miss Wachter’s.
Neither did they care to attempt to im
peach the evidence of Hllxt’s attorney.
Grindall was characterized as a convict,
an Inmate of a work house and a pro
fessional witness.
While Mr. Nye spoke the defendant sat
outwardly calm and defiant, but his chest,
was heaving rapidly as court adjourned.
Mr. Erwin will speak to-morrow*.
A FIGHT AMONG TUB COALER*.
The* Rendlna Warn* the Lehigh \ al
ley anil Jersey Central.
Philadelphia, March s.—lt developed to
day that a war b*-tween three of the lead
ing anthracite coal carrying roads Is
brewing. The management of the Reading
company. It was learned, had notified the
Lehigh Valley and Jersey Central corn
panic* that if they do not consent to give
tho Reading a larger share of through
freight rates on coal, beginning on Mon
day next, that the Reading will refuse to
haul coal originating at )sfints on either
of tho other lines to point* south of
Bethlehem and East Pennsylvania Junc
tion.
If the Lehigh Valley and Jersey Central
companies will not accede to this demand
the Reading will un Monday place an
embargo ii|H>n thtir coal, and ns a re
sult no Lehigh or Wllkesbarre coal will
le brought to Phlladedphlu. The dealers
who make a specialty of those brands will
thenceforth 4x cut off from their source
of supply and will be forced to furnish
their customers with co’al from the Read
ing mines.
Neither of the companies upon which
war has been declared have as yet made
any reply to the Reading manifesto, but
Presidents Wilbur and Maxwell have con
ferred upon the subject and It is not
Improbatdo that they will adopt the same
policy. Tho matter will come up for con
sideration at to-morrow’s meeting of the
Lehigh Valley directors, when the course
to be pursued by that company will pre
sumably l>6 finally decided upon.
VACCINATION OF PUPILS.
A lisle of Florida's Health Hoard
to He Tested.
Jacksonville, Fla., March 6.—This morn
ing W. i*. Ward, a well-known luwyer
here, applied to Judge Call of the circuit
court for an alternative writ of man
damus against the board of public Instruc
tion of Duval county and it was grunted,
returnable on March 14.
The action was brought lo compel the
board of education to admit Ward's two
minor sons to the benefits of the public
schools here, from which they have been
excluded by the board since March 1, for
the reason that they have not been vacci
nated.
Judge Call's order directs the board to
admit the boys to the school at once, or
show cause why not.
Mr. Ward said this evening that there
Is no state law requiring that children
shall be vaccinated in order to enjoy the
benefits of a free school, and that he
did not Intend to subject his children to
the painful operation until the court de
cided that he must do so as a prerequisite
to their admission to the public schools.
A regulation of the state board o*f health
Is the board's authority for Its action, the
rule being as follows: "After Oct. 1, 1889,
superintendents of all Institutions of
learning, and all school boards, and prin
cipals of schools In this state in Incor
porated cities and towns of over 2,000 in
hatdtants. are forbidden to admit a* pu
pils any children or person who cannot
produce satisfactory evidence of having
been successfully vaccinated." This rule,
as enforced In the public schools, has been
the source of much dissatisfaction among
parents all over Florida, and all will be
glad when Its legality Is Judicially passed
upon.
INCOME TAX CASES.
A Formidable Array of Legal Talent
lo Take I’nri In tbe Fight.
Washington, March s.—The cases in the
supreme court of the United States to de
termine the’ constitutionality of the In
come tax law will be argued probably on
Thursday of this week. They are three
In number—two from New York In which
stockholders of the Farmers Loan and
Trust Company and the Continental Trust
Company, sue for injunctions to restrain
the directors of those corporations from
voluntarily complying with the provisions
of the law, and one from the District of
Columbia, In which John G. Moore, a
Now York broker, sues for an Injunction
to restrain Joseph S. Miller, commissioner
of Internal revenue, from carrying the
law into effect.
An imposing array of legal talent will
appear Including Joseph 11. Choate, ex-
Attorney-General B. H. Bristow, Jeremiah
M. Wilson, and Clarence A. Seward, In
opposition to the law, and Hon. James
C. Carter and Assistant Attorney General
E. B. Whitney In support of the statute.
It is probable that Attorney General
Olney himself will take part In the argu
ment should his health permit him to do
so.
CORRUPTION AT CHICAGO.
A Cook County Senator Calls For An
Investigation.
Springfield, 111., March o. Senator John
son of Cook county created a sensation
this morning by offering in the Senate a
resolution charging the municipal and
county authorities of Chicago and Cook
county with boodlelsm, and calling for the
appointment of a Joint committee of the
Senate and the House to investigate.
The resolutions charge gross irregulari
ties In the police department of Chicago,
that valuable franchises have been barter
ed and sold by the city council in dis
regard of all rights, that places on the
grand jury have been bestowed to pay
political debts and that the town asses
sors have persistently shifted the burden
of taxation on the poor, while the wealthy
have purchased opportunity to dodge tax
ation.
i DAILY. $lO A YEAR. I
1 5 CENTS A COPY. >
f WEEKLY 2-TIMEB-A-WEEK $1 A YBARj
LAYING OUT THE LOTTERIES.
THE SEW LAW LOOKS LIKE A HARO
ONE TO CIRCUMVENT.
The Transportation of Lottery Utt
erntnre Hy Mull or Etpr.H Abso
lutely Prohibited Under n Heuvy
Penalty-—The Pnstotltee Authorities
Given Power to Stop the Delivery
of All Moll Muller For Person* In
the Lottery llunlne**.
Washington, March s.—Assistant Attor
ney General Thomas for the postofllce de
partment to-day gave out the following
statement regarding the new lottery law
Just passed, which prevents express com
panies from carrying lottery matter: By
virtue of this act It Is made punishable
hy Imprisonment for a term of more than
two years, or a line of not more than
11.000, or both, to cause to be brought to
this country from abroad, or cause to bo
carried from one state to another In tho
United States, any paper, certificate, tick
et or advertisement concerning a lottery.
This of course, will effectually prevent
the conveyance of such matter between
the states or bringing It Into this country
from other nations by express companies
or common carriers between the states.
But the most Important provision of tho
bill. In the opinion of the postal authorl.
ties, Is the lust section thereof, which
reads as follows: “That the power con
ferred upon the Postmaster General by
the statute of 1890, chapter 908, section 2.
are hereby extended and made applicable
to all letters or other matter sent by
mall.”
The second section of the act of Sept. 19,
1890, here referred to, provides that the
Postmaster General may upon evidence
satisfactory to him that any one is con
ducting a lottery or similar enterprise, or
a scheme to defraud through the malls,
forbid the payment of money orders or
the delivery of registered letters to him.
Here the authority given ended, and
under the act as It then stood the depart
ment could not an<l did not Interfere with
ordinary matters under seal, though di
rected to a person known to be conduct
ing a lottery or fruud. Hence the parties
who have heretofore been forbidden ths
money order and registry sys
tems of the poslofflee department
have corresponded with their pat
rons, or with their would-be pa
trons, under seal through the malls, in
closing all their literature and giving In
structions to procure express money or
ders Instead of postal money orders and
send them In sealed letters by mail, all of
which matter, thus under seal, the depart
ment was compelled to deliver to the ad
dresses, though they were known to be
violating the law. In this way the de
partment has been transporting lottery
and fraudulent matter and express money
orders for Investment In them, and yet
has been deprived of the revenues It would
have derived from the postal money or
ders that It would otherwise have issued.
Thd section above quoted from the act
of March 2. 1895, clothes the Postmaster
General with power to meet and eradicate
this evil. It authorizes him to refuse to
deliver to that party who he finds upon
evidence satisfactory to him, Is conduct
ing a lottery or fraud through the malls,
any letter or other mail matter, whether
registered or not, and to have It returned
to the senders where known, or to the dead
letter office If unknown, murked “fraudu
lent."
It Ik confidently predicted that this new
power conferred upon the Postmaster Gen
eral will greatly tend to suppress the
lottery traffic In this country, which up
to this time' has been scotched but not
killed.
RAVISHED AND THEN ROASTED.
A White Girl In tlie Clutches of u
IllncU Demon In Florida.
Jacksonville, Fla, March B.—Near Haw
thorn, Alachua county, yesterday even
ing Annie Jenkins, a 16-year-old whits
girl was ravished by a negro and then
roasted. The girl was returning home
from a neighbor's and was walking on
the railroad track. She discovered some
ties on fire and attempted to extinguish
the flumes. While thus engaged a negro
seized her and dragged Jier into the bushes
and repeatedly ravished her. Atlcr his
lust had been satisfied, with fiendish cru
elty the brute held the girl over the
burning ties until her clothing was In a
blaze. He then threw her Into a muddy
place near the track and escaped. The
girl became unconscious, and was found
several hours later by her father, who,
alarmed by her absence, went In search.
When she recovered consciousness she
told the above story. Posses are search
ing for the negro, and If caught the
whites swear they will burn bim at the
stake. The girl will hardly recover.
GEORGIA SOUTHERN TO BE SOLD.
Judge Griggs Decline* to Order a
Postponement.
Macon, Ga., March s.—Argument on the
petition of Simon Borg & Cos., cm the
pufltkm to postpone the sale of the Geor
gia Southern and Florida railroad, was
concluded before Judge Griggs in the su
perior court this morning. Judge Griggs
decided that he saw no equitable reason
for ordering the postponement of the sale
and the road was put on the block, but
no bid equalling the up-set price fixed by
the court was made and the sale was post
poned. The up-set price fixed for to-day
was $4,500,000. It will again be offered for
sale on the third Tuesday in this month,
and at that time the minimum bid must
be $3,750,000 or more.
ARCADIA RIFE FOR LYNCHING.
A Married White Man Assault* a
Small Child.
Jacksonville, Fla., March s.—Yesterday
evening, near Bowling Green, D@ Soto
county. Henry Jordan ravished the 9-year
old daughter of Mr. Stevens. The child
may die from her Injuries. Jordan is a
white man and has a wife. He has been
arrested and Jailed at Arcadia. Lynching
Is feared. The child is In a critical con
dition.