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tjTe MORNING NEWS.
~ , Visvi - -Incorporated ISBB.
** JH. ESTILU President.
COURT REACHES CONCLUSION,
c4 |-. \MM, CO TO PRESI
EU’ D ,, vr KOU FINAL ACTION.
i„trodncetl to Show That
Tr, : ,in T' Abue of Mile* AAas the
" r 11|,> i.om of Mental Hal-
Be *“ V„„| He Hud Been Crucified
"‘tHlc-Alscr on the St.nd-Con
... of Counsel ns to Eagan's
tel) tion >*
u .hington, Jan. 27,-The case of Cocn
,‘arv General Charles P. Eagan, charg.
B 1 ill conduct unbecoming an officer
, a -entleman and with conduct tend-
Z ,o the prejudice of gcod order and mil
, ~, , is now in the hands of
Mary dis-cu I ** 1 • 40
L couri-martial appointed to try him.
Today the taking of testimony was closed
ti) Argument of counsel submitted. Tho
,I had lasted three days and consumed
J'"’ [han t .ight hours of actual sitting.
"v session behind closed doors of an hour
’ M sufficed for the court to reach a
conclusion and embody it in a report.
What ,he verdict was is altogether a
manor of speculation, and officially, at
i e ,., W ih not lie made public by the trial
hurd, military regulations requiring that
Us fm.iings snail go through prescribed
channels and 1* kept secret until action
be had and promulgated by the proper re.
viewing authorities.
The testimony at the closing session of
the court was directed largely to estab
lishing the fact that the general had lost
his mental balance as a result of the
charges made against him by Gen. Miles.
His daughter and her husband told of the
„f, it ra |\ hang and condition and intimated
that they had great fears that he might
at an> time kill his accuser.
McKee Believed Him Insane.
Mr. McKee, a life-long friend, stated
that at that time he believed him actually
ir,>ane. The facts in this connection were
brought out strongly by Mr. Worthington
in his efforts to show that Gen. Eagan at
times v i- wholly irresponsible.
A dramatic incident of the trial to-day
was the testimony of (he general’s daugh
ter. in which she described her father's
appearance on the day he first read Gen.
.Miles’ statement. Standing In the rlooi
ol his house with the newspapers con
taining the evidence in his hand, he ex
claimed wildly:
"I have been crucified by Gen. Miles!"
Mr. Russell A. Alger, the Secretary of
War. was also a witness to-day. He said
he recalled a convresation he had with
Gen. Kagan shortly after Gen. Miles had
given his testimony. Gen. Eagan came
into his office in an excited slate of mind
ands i.i ii was his wish to prefer charges
against Gen. Miles for what he had said.
Immunity to Witnesses.
I told him.'' testified Secretary Alger,
“that under the President's order grant
ing Immunity to officers who testified be
foro the commission, he could not do so."
"Mr. Secretary, did you receiver any in
structions from the President on tilts
point?” lie wan asked.
"He said to me immunity had been
graniid to witnesses,” was the reply.
Gen. Acer was then excused, the mem
bers m ii,, court rising to their feet as
he withdrew.
Mr. Worthington began the argument
for the accused, opening by saying that he
contended that by the law of this country,
civn .crmi'cal or military, the defendant
(u!d not l„. called (o account for what he
said before the war Investigating commls
f"'n. in- quoted from a number of high
authorities to show that if the words
■-poken were I eminent and material to the
' aus *! 1,1 band, and were not objected to
' Hlviunt hearing the same, and
n '’ l ma.ie'ous in character, the wit
' s '‘ ou '- 1 ' : lie held answerable.
Hcmc.l, With the Commission.
1 t' mi.lv. said Mr. Worthington, lies
' ' ! 'f allal Ivefote which Gen. Ea
. bis testimony, if he had been
~ " commission that his language
' a <"d and Inadmissable, he
bate withdrawn his words at onee,
v ~ ! ' 11 day to call him to account
d.w ! ' ■ Worthington, unfuir and
UI warranted by law.
Pres'denr . Uu , n .. ( ’ af,c ‘d attention to the
w,re . b'lhik statement that witnesses
this „ ' n :n ,niunity, and declared that
euaed >•. , ee Wi, s claimed by the ac
l> v.,| o ' lhB! “* circumstances, he be
.gainst am "' 8 Perfectly protected
upon iwi„ *| ' ' u,t such as had been forced
'nlor , ' ' hurt. He had been ae
m.-nts crime, and in his state
li.i'i f, | lnv ' ligating commission he
i . h, ( ,i | " 11 honor and innocence, as
“•rongerVui 1 ” * ri ' ?lu to < - I °’ but using
b...v„ U s tJ buage perhaps than he should
ilr. \y 01 ... .
,~, , ’ lai ton next quoted from au
-1 . of !, ‘ l . ow ‘but to convict the ac
a m i,,. o, ct unbecoming an officer
" the offense must be such
b - ..... her office who should after
' sil ni - lon. ’ him by the hand or
wi, h hint be on intimate terms
t 'du and himself tar disgraced
GUI u , render himself unfit to asso
-0ir,.,. , men Bn <* m?n of honor.
Ti,,, M JiiKt lie HeJiioua.
b u ■•Hi ,■, 1,,” 1 ' ,u r °U several high review
' ' finding o r.r "Hed Stotes army on
, Br . th e court-martials were
*'■ 1 uj. ' vi, *S that the offense must
"‘)u„| , , ' heinous and such as
i, , accus *d for association
‘ uni... ‘'linking men,
C 1 " • by v,n Vit ' A '*‘ <l ,he statement
0 w ‘lhout ~ I,n<l characterized it
"eitiiii ii, ' rallel hi the history of the
m ' l: a i" 0| h*nc n ted upon the state
k Pretended to have
,t: " muniiw ,v so-called beef frauds for
"> ,f i ' . " ” fo, c he had sprung them
' ' *>r in.,“,. ry n his testimony before
*' - that ‘Rating commission. Dur
' TOrriui i, " counsel, Gen. Miles had
'* g, , " be alleged facts to the
,0 ' ' ' too . ,lor t!,ken iir> v steps
j, °h ‘o them.
(~r r ' " oa,rt Shoot Mile*.
h ' iU <*ngth the testl
’■b'e.v f ! ““o, *'en given tending to
’ ■ tffn I rnin.] was eo so
‘ 1 rn i . “ y ‘he accusations which
frwn.K ■. a alnst him that his
* re.. at , Vh wouhl go out upon the
' no VntJ? ?r- MUes on B 'kht. He
' ' I . r , himself, and no longer
h. ui, a,.. J ' l feelings or his actions.
ov " ,;i • ■, r e ., s h'.hltess, which lasted
‘ ,r °tu: r ,j. f ' ,' r - Worthington made a
,hr ta:h thi<,°' e . ac< us ed- asserting that
''nii'li!. tl ,| "bole controversy he had
i hlnweif as an honest man
hnju-t yieHu.::^ n,Uon by ‘b° cruel arid
r -ations of his superior officer.
Wp Jlofmttg
Col. Davis, the judge advocate, closed
the argument. He said that he had no
other idea from the beginning than that
all the facts and the whole truth in this
ease should lie brought out. He said that
if the accused thought himself aggrieved
by the statement of Gen. Miles he had a
positive and sure remedy. He had a right
to demand a court of inquiry and he also
had the undoubted remedy of resorting to
civil and criminal law. But he saw fit to
ignore all these remedies and to take the
matter in his own hands. He had prepar
ed with deliberation a statement, which he
had read before the war commission,
which was grossly insulting and an un
doubted infraction of the army regulation
as charged.
Language Must Be Pertinent.
On the question of immunity the judge
advocate stated that in all courls the
language, in order to be privileged, must
be pertinent to the issue, it cannot lie
slanderous or in violation of military reg
ulations. This was the universal rule.
The war investigating commission, which
had been created by the order of the
President, was an informal tribunal, nec
essarily so by reason of the great scope
given to investigation, and it was not
such a tribunal as could punish for con
tempt. It, therefore, might or might not
receive any statement which might be
presented. In this case it had returned
the statements to Gen. Eagan, declining
to receive a paper of the character pre
sented by the accused.
He referred to Gen. Miles' statement
regarding bad beef and said that the com
manding officers of fourteen regiments
had declared the beef furnished unfit for
food. Whatever the facts, this testimony
could not be ignored. Although Gen.
Eagan had been criticised, so, he said,
had many other high officers in the army,
the heads of bureaus and admirals of the
navy. All had been more or less severely
criticised, but they had continued to do
their duty as men and officers.
Court Makes Its Findings.
Judge Advocate Davis spoke only about
thirty minutes, and as he concluded, at
1.30 o’clock, Gen. Merritt declared the
court closed and ordered the room to be
vacated by all except the members of the
court. .
The court was in executive session for
a little over an hour and in this brief
space of time reached its conclusion, for
it soon became known when the doors
were reopened that a verdict had been
reached, or in military parlance, the court
martial had made its findings.
The fact was confirmed by the an
nouncement from the Judge advocate that
the court had adjourned without day. It
can be recalled only to correct a fault in
the proceedings, which is a rare occur
rence.
Left With the Jndgs Advocate.
In the regular order the findings and
proceedings must be carefully gone over
bv Judge Advocate Davis. He thought it
possible this afternoon to conclude
hi? task to-morrow or Monday. He will
place tho papers in the hands of Judge
Advocate General l.ieber,whose duty it will
be to make a most careful examination of
every part of the record and findings, with
a view to the detection of any irregulari
ties in the forms. Presuming that he
finds all of these things regular, he will
forward the papers to the Secretary of
War with his indorsement, if he sees fit
to add one. and the latter will act finally
"by direct.on of the President,” accord
ing to the form of practice adapted in
Secretary Lamotit’s time.
It is proper to state that it is possible
for the papers to pass through the hands
of Gen. Miles at some stage in the pro
ceedings he acting also in the capacity
of a reviewing authority, but this is not
a uniform practice, and there was a nota
ble exception in the Carter court-martial.
GENERAL EAGAN’S SENTENCE.
A Special Says It Is Dismissal AA'itli
ont Recommendation.
Chicago, Jan. 27.—A special to the Times-
Herald from Washington says:
“Dismissal from the military service of
the United States, without any recom
mendation for clemency- is the verdict
passed by the court-mhrtial upon Com
missary General Eagan for his recent vi
rulent attack upon Gen. Miles. The ver
dict was reached within forty-five minutes
after the trial ended to-day.
Notwithstanding the nature of the
court’s conclusions, the President can ex
ercise clemency if he so desires, and Gen.
Eagan’s friends will urge that his punish
ment he confined to relieving him from
the duties of commissary general of sub
sistence, and to a detail to garrison duty.
HERE'S A CHANCE FOR DALY.
Can Make l<tc0,00( If He Find*
Cliemlcnl* In the Aleut.
Chicago, Jan. 27—The Chicago packers,
Swift & Cos., and Libbey, McNeil & Lib
bey, as a result of the criticisms made
against the fresh meat furnished during
tho war, to-day announced that they
would jointly pay SIOO,OOO to anybody prov
ing that chemicals were used to preserve
anv beef packed by them.
The two corporations are practically one
and the same, the leading stockholders
being the same in both companies.
FIGHT FOR THE JUDGESHIP.
Hon. F. G. dnßigno" Working: in the
Interest Tompkins.
Washington, Jan. 2X-(Speclal).-Hon.
Fleming G. dußignon and Judge Hamp
McWherter are here, presumably to take
a hand In the circuit judgeship race, thougli
they say not.
Mr. duliignon is, however, actively at
work for Tompkins.
There is no apparent change in Ihe Judge
gi-ip situation. To-day brought no real de
velopments of any kind. Friends of all the
candid !tes have been actively at work
and endorsements have been piling up on
the President's table, but he has as yet
given no indication as to his purposes be
vond saying ihat it is clearly a choice be
tween Cof. Glenn and Capt. Sheiby.
The Alabama people have brought here
a lot'of prominent Republicans from dif
fernt parts of the South to work for Capt.
Shelby, and they are drawing the line
Sharply in his favor on the ground that
he is an old-time Republican, and that
only such should he recognized.
Senator Hanna has refused to take any
put ill the contest, taking the ground ttiat
Judicial positions should not he regarded
as political. The work of these Alabama
people is, how< ver. offset by ihe very ear
nest work being done in the behalf of
Col. Glenn by the Republican organization
of Ueoigia.
{SAVANNAH, GA„ SATURDAY. JANUARY 28. 1899.
ARMY BILL TO BE MODIFIED.;
AMENDMENTS PREPARED TO HE- I
DICE STRENGTH TO 00.000.
Chairman Hull Conclude* It 1* Wi*e
to Abandon the Fight for an Army
of 100,000—May Be Left tn Presi
dent'* Discretion to Increase the
Strength—Johnson Wants No Ma
chinery for Forging a Colonial
System.
Washington, Jan. 27.—The opposition to
the army reorganization bill on the Re
publican side of the House has become so
strong that to-day Chairman Hull, after
Mr. Henderson of lowa, one of the floor
leaders of the majority, had threatened to
vote to recommit the bill, decided it would
be wise, in order to insure its passage, to
abandon the idea of providing directly for
a regular army of 100,000 men.
Mr. Hull announced on the floor that
the committee would offer amendments to
reduce the number of enlisted men to
about 80,000, but lodge in the President's
discretion the authority to increase the
army to a maximum of 100,000.
These amendments have heen prepared.
They provide that the President may in
his discretion enlist only sixty men in the
infantry companies and sixty in the cav
alry troops. By the terms of the hill
there are to be thirty infantry regiments
of ten companies each, with a strength of
145 men. and twelve regiments of cavalry
of ten troops each, with a strength of 106
men. This discretion, if the President
would exercise it, would reduce the num
ber of enlisted men about 31,000, and prac
tically leave intact the organization pro
vided for in the bill, so far as officers are
concerned. How far the proposed modifi
cations will suit the opposition remains
to be seen.
Johnson Take* Port.
Mr. Johnson of Indiana also took a prom
inent part in the fight to-day after the
genral debate closed, declaring that the
purpose of the bill was to hove an army
of 100,000 either by direct authority or the
exorcise of the President’s discretion, and
he declared his purpose to fight to the
bitter end the machinery which was be4ng
forged for a colonial system.
Mr. Henderson, in the course of the de
bate, declared his belief in the unwisdom
of annexing the Philippines. Mr. Johnson
said the vital mistake was made when the
President instructed the peace commis
sioners to demand the cession of the Phil
ippines.
The whole debate to-day was spirited,
and so intense was the struggles when the
bill was taken up for amendment under
the five minute rule, that the first section
had not been completed when the House
recessed at 5 o’clock.
No Lieutenant General.
The first vote was taken on the com
mittee amendment to increase the num
ber of chaplains from thirty to forty, and
it was carried, 6S to 38.
On motion of Mr. Lacey the provision
for a lieutenant general was stricken out.
A number of other amendments were of
fered, but were not adopted.
After fifty-nine private pension bills had
been passed to-night, Mr. Ray, Republi
can, of New York, made the point of no
quorum to prevent final action on a bill
to pension Lettia Tyler Sample, a daugh
, ter of ex-President Tyier. at the rate of
SSO per month. The Senate passed a bid
to pension her at this rate. The House
bill was for S2O, but when the House to
night restored it to SSO against the com
mittee recommendation, Mr. Ray prevent
ed final action by raising the point of no
quorum.
CUBAN INDEPENDENCE PARTY.
Gen. Lee Heeoinnienil* Plan* AA'lileh
Alay Hastes Pacification.
Havana, Jan. 27.—Dr. Castillo is going to
Remedies in order to confer with Gen.
Maximo Gomez regarding the formation
of the projected Cuban independence party.
The p!an has been discussed at small
meetings here of notable Cubans.
The platform has one idea, the termina
tion of the military occupation of the is
land as soon as possible. The Spaniards
have been Invited to join in the movement
and will be given proportionate represen
tation on the committees. The general pur
pose is to draw into the party the edu
cated and wealthy and not to allow the
military element to control it.
Mnj. Gen. Lee proposes to recommend
to Washington, as one step in hastening
pacification and the restoration of order
in the .province, the formation of a regi
ment of one thousand picked Cuban sol
diers to lie used as a provincial constabu
lary.
Asa second step, he will recommend the
establishment.by the military government
of banks that would loan at a moderate
rate of interest on land security, so as
to enable land owners for themselves or
their tenants to get a yoke of oxen, twen
ty chickens, a couple of pigs and about
SO cents a day until a crop could be rais
ed.
I! is reported that a quantity of dressed
beef brought here (by the United States
transport Michigan and hung up on the
docks last night, was found in a slimy
condition this morning. It is also report
ed that a quantity of canned beef, which
has been Issued to Cuban sufferers, was
canned for the Japanese army in the Ja
pan-China war.
MAY DECLARE SEATS VACANT.
Sentiment of Committee on Member*
Holding Ontslllc Office*.
Washington, Jan. 27.—A rough canvass
has been made of the House committee
on Judiciary as to their views on the ques
tion of declaring vacant seats held by
members holding, outside offices, which is
understood to disclose that fourteen of
the seventeen members individually favor
declaring these seats vacant, although this
view has not yet been expressed In a vote.
WOULD NOT ACCEPT CAMPBELL.
Faync Aloore Huvliik a Hard Time
Getting a Bondninnn.
New York, Jan. 27.—Justice Bookstaver,
in the Supreme Court to-day, declined to
accept Joseph Nell Campbell as a bonds
man for Fayne Strahan Moore.
MINERS FROZEN TO DEATH.
Son Gave Hl* Fattier Extra Wrap*
and Then Lay Doan to Die.
Seattle, Wash., Jan. 27.—The steamer
Cottage City, from Alaska, brings news
that a number of Cooper river prospectors
perished in Valdez Glacier. The following
are known lo have been Host:
Charles K. Horn, New York ,
C. P. Smith, Chicago.
Ole Evjen, Baldwin, Wis.
Henderson. Wisconsin.
George Sweesey, New York.
Among the many badTy frozen miners
are: George Poaiowitz, New York eity:Syl
vester Grog, St. Joseph, Mo.; Holven
Evjen, Baldwin. Wis.
There are six men at Valdez suffering
from frozen feet, hands and faces. A hos
pital has been established at Twelve-Mile
Camp, on the oilier side of the glacier,
and fifteen men are suffering there from
freezing, All were frozen trying to cross
the glacier, but managed to get back into
camp.
The freezing of the Evjens, father and
son. is particularly sad. They started for
Valdez, but on getting well toward the
summit of the glacier found their feet
freezing. Both started back. The son
gave his father extra wrapping and as a
result both the son’s legs were frozen in
a few minutes and he was unable to pro
ceed.
He bade his father good-bye and com
pelled him to go on withdut him. Then
the boy lay down in the snow to die.
His body will probably never be reeov
cred. The father reached Twelve-Mile
Camp very badly frozen and is not ex
pected to live.
SHOWS HOW SPANIARDS STOLE.
Cuban Soldier* Slay Have to Take
$11,000,1)00 or Nothing.
Havana, Jan. 27.—The grosH customs re
ceipts for January, including to-day, were
$724,000, and Collector Bliss expects lo
reach SBOO,OOO with the end of the month.
This would be at the rate of $1,000,000 a
year more than Spain collected annually
during Ihe last twelve years of her tariff
regime, under a tariff 60 per .cent. Jess.
These figures give an idea of tho extent
of Spanish official peculation.
The chief of the Cuban army will learn
in a day or two from the members of Ihe
returning commission of the impossibility
of obtaining from the United States gov
ernment Ihe sum of $40,000,000, or any
amount approaching that, to pay the Cu
ban army. Consequently it will rest with
the army to disband or to continue to hold
together until the sum of $3,000,000, which
has heretofore been regarded as trivial,
•s received.
The military administration has had no
communications with the Cuban com
manders regarding the question of pay,
but Governor General Brooke is in a po
sition to learn quickly the purposes of any
considerable portion of the army. The
expectation is lhat the Cubans will accept
the situation, after complaining a little or
a good deal, and to disintegrate.
Governor General Brooke gave his first
reception last night. Special invitations to
Cubans will be issued for next week’s re
ception.
SALMON WANTED NO MINISTER.
Before Belngt llanged Told III*
Friend* to Keep Their Hat* On.
Helena, Mont., Jan. 27.—Tom Salmon,
former president of the Red Lodge Miners
Union, who killed Superintendent Connor
of the Rocky Fork coal mine for discharg
ing him, was hanged to-day at Red Lodge.
Salmon refused to accept scriptural consoc
iation, saying that he wanted "no minister,
priest or sky pilot to show him the road
to heaven.”
His last words were: "If any of you fol
low my body to the cemetery don’t tin
cover your heads and take chances of get
ting pneumonia. It is a barbarous custom
and I hope you will protect yourselves,
for by so doing you will please me.”
A minute and a half after leaving his
cell Sa'mon was dangling in the air. He
was a well known labor leader in several
Northwestern states.
TO GO UNDER THE HAMMER.
Smallest Bid lor Baltimore and Ohio
Alust Be $23,000,000.
Baltimore, Jan. 27.—Judges Goff and
Morris, in the I’niliil States Circuit Court,
to-day handed down a decree for the fore
closure and sale of the Baltimore and Ohio
Railroad, under tile consolidated mort
gage, and appointed Messrs. A. S. Dun
ham and Arthur L. Spamer special mas
ters to make the saic.
Ttie property is to be sold as an entirely,
and the sale is to be made on sixty days’
notice to be given by the special masters.
The special masters shall accept no bid
less than J25.000.tt00. If the reorganization
of the road can tie effected it will not be
sold.
WARSHIPS FOII CHARLESTON.
Alay Go There During the Confeder
ate Veteran* Reunion.
Washington, Jan. 27.—Representative El
liott of Soulh Carolina to-day called upon
Secretary Long to urge the attendance at
Charleston of some fine warships during
the Confederate Veterans’ reunion, to toe
held there from May 10 to 14, next.
The secretary promised to accede to the
request, If ships could be spared for the
purpose. It is possible that the North At
lantic squadron will be In the neighbor
hood about Ihe time Indicated on it* re
turn from Its cruise of evolution In the
Gulf and Caribbean sea.
SPANISH BANK Tl It NED DOWN.
The Work of Collecting Cuban Tax
es Taki-ti Ami) From It.
Washington, Jan. 27.—The war depart
ment order of the 7th instant, providing
that the Spanish Bank of Havana shall
collect the taxes in Cuba for the fiscal
year ending June 3d, next, was to-day re
voked by the Secretary of War and the
bond returned lo Dr. Jover Antonio, and
by him accepted. Geri. Brooke ut the
some time was cabled to establish a sys
tem for the collection of taxes and to in
troduce such machinery as in his judg
ment may be necessary for the purpose.
FOUND WRIGHT TOOK MONEY.
t OMMITTEE StVS All til WAN SPENT
IN SENATORIAL RACE.
Speaker Charged AAith Receiving
$ 1,1430 From Grant'* Political Alou
iigt-r-i iirlou* Other Chnrgex
Against Him—Said That Grant
Spent $20,000 to Elect a Republi
can Legislature—Report to lie Dis
cussed To-day.
Sacramento, Cal.. Jan. 27.—The special
committee appointed to investigate the
scandals connected with the election of a
United States senator, filed its report to
day.
The committee finds that Howard E.
Wright, speaker of the assembly, receiv
ed from U. S. Grant, Jr., through his po
litical manager, Milton J. Green, S9OO as
a gift and $750 as a loan; that Wright,
prior to his election, deceived John D.
Spree kies and W. S. lake, to secure
their support for the speakership, stating
lhat he was unpledged to any senatorial
candidate; that by promising to vote for
Robert N. Bulla for United States senator
he secured Bulla's support for the speak
ership; that by the acceptance of Grant’s
money and by the solicitation of Daniel
M. Burns influence to secure his election
as speaker, Wright led each of those can
didates for United States senator to expect
his vote.
The report further states that Milton J.
Green, the duly appointed and accredited
agent of U. S. Grant, Jr., expended large
sums of money, exceeding in the aggre
gate $20,000, but the exact amount of which
is unknown to the committee, to secure the
election of a Republican legislature.
The committee finds that D. M. Burns,
Ro!tort N. Bulla, W. 11. 1,. Barnes and
other senatorial candidates, except Grant,
expended r.o money and promised no pat
ronage to promote their respective candi
dates.
The report was made a special order for
to-morrow prior to taking the vote for
United States senator.
ftUAY GETS ONE AtOHE VOTE,
But the Situation ill llnrri*hurg I*
I’raetlcally the Same.
Harrisburg, Pa., Jan. 27.—Senator Quay
gained u vote to-day by the absence,
without a pair, of Senator Higgins of
Schuylkill, Dom., who is ill with pneu
monia at the Harrisburg Hospital. Rep
resentative Harold of Beaver was pres
ent and voted for Senator Quay. Mr. Hig
gins was the only absentee without a
pair.
No person having received a majority of
all the votes east, Lieut. Gov. Gobin an
nounced that there had been no election,
and the convention adjourned. The only
change in the vole was that of Stradling
of Philadelphia, who changed from Wide
ner to Irvin.
A caucus of the Democratic senators and
representatives was held this afternoon,
at which it was decided to remain away
from to-morrow’s and Monday's session*
of the joint assembly. Many of the leg
islators have business to attend to. and
to prevent an election of a United State*
senator by the Republicans they have de
cided to absent themselves from these
sessions. The antl-Quay Republicans
have taken similar action.
No Election In Montana.
Helena, Mont., Jan. 27.—The senatorial
vote to-day was: Clark, 40; Conrad, 29;
Maginnis, 6; Fox, 3; Leonard, Republican,
16. In the Senate Geiger occupied the seat
from which Whiteside was ousted yester
day. and in Joint session voted with the
Republican*.
Three A'ole* t hanged.
Madison, Wis., Jan. 27.—There were only
three changes in the vote for United States
senator in the Joint convention of the leg
islature to-day, all from Stephenson to
Cook.
Hayward'* Vote Take* a Drop.
Lincoln, Neb.; Jan. 27.—Hayward's vote
took a tumble to-day, dropping to 33, the
votes being distributed among various
candidates. Necessary to a choice, 68.
Three Alore Vote* In I tali.
Salt Lake, Utah, Jan. 27,-The legisla
ture took three votes to-day and adjourn
ed until to-morrow. The only change was
ono vote from Nebeker to McCune.
No Chniigr tn California.
Sacramento, Cal., Jan. 27.—0n the, thirty
second ballot for senator there was no
change.
Same AA'a > in AVahlnaton.
Olympia, Wash., Jan. 27.—Two ballots
were taken to-day. There was no elec
tion.
REPORTS AAEIIF, EXAGGERATED.
Not So Alncli lawlene* Around
Santlouo After AIL
Santiago, Jan. 27.—After a thorough In
vestigation, including careful in
quiries among the planters, mer
chants and business men of
all classes in the entire district of Guan
tanamo, it is safe to say that the report of
incendiarism, brigandage, sugar cane burn
ing and other lawlessness in this region
have lieen greati'y exaggerated.
PRITCHAHIPS A AIENDMENT.
Money for Information About Con
federate Cemeteries,
Washington, Jan. 27.—Senator Pritchard
to-day gave notice of an amendment he
will offer to the sundry civil appropriation
bill, appropriating SIO,OOO to enable the Sec
retary of War to gather information con
cerning Confederate cemeteries, and a* to
the number of Confederate dead buried In
private cemeteries.
BIG COPPER CONSOLIDATION,
Aliner*’ Copper Company to Have a
Capital of $2,000,000,
New York, Jan. 27.—Definite steps in the
formation of a big copper consolidation
were taken to-day. when articles of In
corporation were filed at Trenton for the
Miner*’ Copper Company, with a capita)
of $2,900,809.
K A 1101 l I \MxED FOSTFONEMENT.
s **‘l Court Of t monition Would 110
l< Duty in Mpltt- of Insults.
Paris, Jan. 27.—The trial of the action
brought by Mme. Henry. widow of Lieut.
Col. Henry, who committed suicide In
lirlson here nftcr confessing lo having
forged one of (he documents in the Drey
fus ease, against M. Joseph Iteiiuieb, a
member of the Clin miter of Deputies and
editor of the Republique Francaisi, for
libelling Hie deceased in declaring him a
traitor, opened in the Assize Court to
day.
M. fail>orl, counsel for M. Retnach, ltn
medlately askeil the court lo posipone the
trial until the Dreyftis controversy was
terminated. He declared the suit was
merely the work of a political party re
duced to the last extremes, mid that it
was merely a desperate attempt to influ
cure the verdict of the Court of Ctissalton
in lls revision of the Dreyfus trial,
"Tlie Court of Cassation," counsel then
said, "in spite of insults nnd the dully
attacks made upon ii. continues serenely
to perform the work of Justice, and I bow
in advance before the decision which will
be given by the Court of Cassation, for
il is the duty of ail to bow to the truth."
M. I .abort concluded with a demand for
an adjournment of the case in the superior
Interest of Justice, and protested that the
accusation that the revisionists Insulted
the army was an infamous calumny.
The court, after deliberation, rejected M
I,a Pori's appeal.
The neighborhood of the Palace of Jus
tice was quiet qntli 2 o’clock, when a
mob, beaded by a cripple known as Llber
tud. who was on erutuhes and had naked
feet, in spite of (he cold, and a band of
anti-Semites. led by M. Guerin, president
of (he Anti-Semite Dengue, entered the
Place Duuphine, at the buck of the Pal
ace of Justice, and began shouting. The
l"dlce cleat-eel the square and placed a
cordon around it The crowd cheered for
the army and shouted:
"Death to the Jews!"
After the anti-Semite mobs bad been
driven from the neighborhood of the court,
they reformed on the Place du Chattel,
howling "SpH upon the Jews!" and cheer
ing for the army. A stick tight followed,
during which several liersons wtc injured
and the rioters wore again scattered.
THE Em’HHOH’S IIIRTHDAY.
Geitcrnl Olehriitiitn Tli roilxl,oit t
Germany In Ills Honor.
Berlin, Jan. 27.—Emperor William to-day
received the birthday congratulations of
his family and household, and after a spe
cial service in the chapel of the cawtle, he
held n reception in the white hall.
The anniversary was marked with
"Kaiser s weather,” sunny, but not eol.l.
The city was thronged, and wherever the
members of the imperial family showed
themselves oti the streets they received
ovations.
At the court reception Mr. White, the
United States ambassador, tendered his
congratulations, and was most cordially
received, Emperor William shaking his
hand warmly.
The celebration throughout Germany
was more general than for several years
before.
Prince Herbert lllsmarck has been pro
moled to l lie rank of a major general.
Herr von Blrkner of the Prussian Diet,
who recently gave the Kmperor a beauti
ful villa and 7,000 acres of r&rm and forest
land, called “Cadinen,” near Hiking, has
lieen appointed u member of the Ht-rron
hause (House of Lords).
It Is significant as showing the resent
ment of the Danish government at the
recent expulsion of Danes from the north
ern provinces of Prussia, that the Danish
ships at Kiel and other ports throughout
Germany omitted Hag displays.
A FLORIDA WOMAN INVOLVED.
Seeking to Recover Funds From the
Pemberton Estate.
London, Jan. 27.—The case of Sarah
Elizabeth Pemberton, ari American woman
belonging to Florida, who claims to be (ho
widow of A. R. Pemberton, is again before
the courts here on appeal. The appellant
claims a Jointure of rats* yearly out of the
Pemberton estates In ( ’umbrldgeshJre. She
was married throe times.
Her claim was resisted on the ground
that the decree of divorce secured by the
second husband i man name,) llolmeH
Erwin, was Invalid because only nine days
elapsed between the issue and the return
of the process, whereas tile rule of the
Florida courts require t< ri days to Inter
vene. The lower court upheld this view,
declared that Erwin's divorce was Invalid,
and that, therefore, ihe appellant was not
the widow of Pembi rton. The court re
served Judgment.
FIVE PERSONS LOSE LIVES.
Result of an Accident to Steering
Gear of it < anal limit.
South Norwalk, Conn., Jan. 27.—Disabled
by an accident to hot- steering gear during
a trip up the sound last night, the steam
canal boat J. C. Austin of New York ran
on the rocks off Norwalk early to-day and
sank.
Accompanying her was the consort
David B. Fisk, loaded with coal, consigned
to Westport. Five of the persons aboard
the two vessels lost their lives. They
were:
CAPT. LEVINE of Jerseys City.
CHIEF ENGINEER THOMAS YOUNG.
DECK HAND, name unknown.
PILOT, name unknown.
MRS. HELEN CALLAHAN of 120 West
Twenty-seventh street. New York.
COLORED SOLDIERS BEST.
Dr. O'Reilly Thinks They Should He
I sed for Service In Cnba.
Washington, Jan. 27.—Surg<on General
Sternberg has made public the report of
Lleuh. Col. O'Reilly, chief surgeon, de
partment of Cuba, relative to the British
method of caring for troops In the trop
ics.
Asa result Dr. O’Reilly reeommtnds
that troops Intended for Cuban service
should be recruited in tin; South and be
colored, with white officers, to a great
extent. They should be sent In November,
after the rainy season. No Improvement
is needed in the ratiou. und night service
should bo avoided.
DAILY, *lO A YEAR.
5 CENTS A COPY.
WEEKLY 2-TIMES-A-WEEK 11 A YEAH
GREAT SURPRISE TO LUDLOW.
"EllE RILES* ItI.POUTS OF SHORT,
t OIIIM.S 111 ENGINEERS.
N\ illi 111 Due Itcwpcd to the Cum.
ninniler-tn-< kief, line ana's Gov
ernor General Offers Same Correc
tions—Changes In the Orders Cans,
ed duel. 4 oufusluu—The Englneer.
in All That Could He Expected;
Ludlow's Statement.
Washington. Jan. 27.—There were nd
witnesses before (he war investigating
commission to-day, but the commission
received and gave out att affidavit from
Gen. Ludlow, now inililary governor oC
Havana, which the general had forwarded
in lieu of personally appearing In Wash
ington.
The typewritten statement was princi
pally In answer to the statement of Gen.
.\ltlis before lit. commission in ref, rerun
to llto lack of preparation made by Ilia
engineer corp s of which Gen. Ludlow had
been lire chief officer in the Held.
Gen. Ludlow, In his statement, disclaim
ed all intention of disrespect toward Gen.
Miles before categorically contradicting
the latter’s testimony as reported in tits
papers.
Gen. Ludlow explained that press o 8
work In Havana had prevented his earlier
attention lo the matter, and then con
tinued:
"Having only newspaper clippings whlctl
were sent to me by friends, 1 am without
authentic information as to what Gen.
Miles really slated lo the commission, and
my time In Havana lias been so engrossed
lhai no optiortunity has been offered to
draft this statement until now.
I. uilln xv Is Surprised.
"If tlu se clippings Indicate correctly Iha
nature of Gen. Miles' statements and of
the responsibility which Is therein made la
attach to me for any shortcomings that
may bn supposed lo have existed tn con
nection with the embarkation and disem
barkation of the Santiago expedition. I
le g leave, disclaiming all Intention of dls
tcspcct, to express surprise at the state
ments made.
"I bad Ihe honor at the time to he at
tached lo Gen. Miles' staff as chief engl
. neer of the armies in the field, nnd such
orders as 1 received were given me by
tiim.
"In the newspaper statements It Is re
ported that I had been ordered by Gen.
Miles to supply myself with everything
necessary for the disembarkation of the
troops In Cuba; that I failed to comply
with these instructions, and that practl
cutly I had done no more than furnish a.
numlier of small pontoon boats that would
lie entirely useless for the purpose, al-
I hough 1 had been sent to various places
for the purpose of collecting a proper
equipment.
Another lilt at Miles.
“I beg leave to make the following
statement of the actual facts of the case,
nnd of tny responsibilities and duties, for
the information of the commission, lo
which I propose to ap|>end my affidavit as
to their correctness, ns tins been, with ono
exception, the custom with statements
made lo the commission."
Gen. Ludlow then explained that his
first orders were lo prepare un exiwditloii
lo land at Marie), on the North Cuban
coast, to operate against Havana. Only
from six to seven thousand men were to
be landed In a sheltered harbor, and h
provided the pontoon boats for use as a
landing pier In smooth water. The trans
port Alamo was equipped for two compa
nies of engineers, nnd abundantly supplied
with the necessary tools, picks, shovels,
etc. When the plan of campaign was sud
denly changed to the south coast, the Ala
mo had Is-en loaded on another expedi
tion and was out of reach, nnd the prob
lems to be faced In the unsheltered road
stead it Siboney were radically different
front those at Mariel. Concerning Gen.
Miles' Instructions. Gen. Ludlow then goes
on to say:
Orders That Were Given Him.
"I was merely ordered In writing to pro
ceed to Tampa, accompany Gen. Shutter's
expedition and render him all Ihe aid in my
power.
"This was the only formal order I had
from Gen Mi es or from any one else."
Gen. Ludlow explained that on arriving
at Tampa he found Gen. Shafter had turn
ed over the whole matter of transportg
tlon atal disembarkation to Cos). Hum
phreys of the quartermaster's department,
ami Gen. Ludlow thereupon confined him
self to studying the problems of defense
and roads around Santiago. He did, how
ever, buy (wo large deck scows at Tampa,
one of which was lost en route and th
other of which did invafuuble service at
Siboney. He also tried to get steam
launches to aid in Ihe landing, but as it
was Impossible he figured that with the as
sistance of ihe navy's boats, all the force*
could lie landed In one day.
There were orders and countermanding
of orders ui Tampa, Gen. Ludlow ex
plained, and he did not know till "Just
prior lo the sailing of the Shafter expedi
tion” whether he was to go with II or to
I'orto Hk'o. Al (he last moment he re
ceived a formal letter from Gen. Mile*
announcing that he (Ludlow) was charged
with the full responsibility of the Shafter
expedition’s lran|iortatlon and disem
barkation; that he was "unrestricted in hi*
orders and exjiendliures," und would Iks
held to account for the success or failur*
of the expedition in these respects.
Gen. Ludlow’s Eniiluevrlnar.
Gen. Ludlow thereupon formally dla.
claimed this full measure of responsibility,
expressing Ills opinion, however, that tho
preparation* were adequate.
Gen. Ludlow incorporate* Ui his state
ment a report of a rather warm contro
versy he had with Gen. Milee at army
headquarters In Washington aftqy hts re
turn from Montauk, In which Gen. Mile*
had sa!d that Gen. Ludlow’s "fighting at
Santiago was good, but his engineering
was very bad."
Gen. Ludlow said that he refuted this
statement at ihe time, pointing out that
he had done all the engineering work that
time and circumstances permitted, that
the Santiago expedition was not an engi
neering campaign, but a race between the
physical endurance of the army and tho
Cuban malaria, and that "if the army
had stopped to build railroads and bridges
it would have been on its back before the
surrender instead of after.”
In conclusion Gen. Ludlow requested
that the commission should give his state
ments ua much publicity as the statement
•X Gen. Miles.