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Atlanta Sjttni-lllrddjj Scmrual.
VOL. IV.
GEORGIAIEGISLATORS
BEGIN IH EARNEST
TODAY WILL MARK THE COM
MENCEMENT OF MANY IM
PORTANT FEATURES.
Smee the adjournment of the legislature
Friday the corridors of the capitol
have been almost deserted and Saturday
there was the usual quiet prevailing in
the building. Many of the legislators and
senators have gone to their homes to
spend Sunday and will arrive in time for
the opening session of both houses at W
o’clock this morning.
This week the general assembly will
get down to real active business. Only
the preliminary steps were taken during
the three days ot last week which the as
sembly was in session.
Important measures will be presented
during the coming week, and many of
those which were Introduced at the last
session will be called up for consideration
and debate.
The franchise tax bill introduced at the
last session by Howard of DeKalb, for
the taxation ot public utilities has been
eet down aa the special order for Tues
day. This Mil provides for the taxation
of street railway franchises and also oth
er franchises held by corporations. Owing
to the large number of valuable franchi
ses held by corporations in Fulton coun
ty. the effect of the bill is probably great
er to Atlanta than any other locality of
the state.
The report of the special legislative com
mittee on the construction of a depot for
Atlanta Is expected this week. Gress, of
Wilcox, is chairman of this committee.
The committee granted at its last meeting
time to the railroads for them to make a
proposition regarding the leasing of the
depot, but it is not thought that the rail
roads will make any proposition. Under
these circumstances it is stated that the
committee will report that it has no rec
ommendation to make, since it was unable
to get an agreement from the railroads.
It is stated that the most sensational
resolution of the week will be presented
by Hall of Fannin county, one of the
three Republican members of the house.
This resolution will call for the censure
of President Roosevelt for inviting Book
er Washington to dine at his family table
recently. The resolution will likely be
adopted by the house and is expected to
create some comment among the friends
of the president and those who approve of
his policy.
The tact that the resolution will be of
fered by a Republican member of the
house is regarded as ominous.
AntLClgarette Bill Adopted.
The house Thursday got to work and
succeeded tn transacting considerable
business, notably the adoption of the cel
ebrated anti-cigarette bill introduced at
the last session by Mr. Harvard of Dooly,
and the outlawing of cigarettes in Geor
gia thereby.
The cigarette bill was the first of the
many bills awaiting a third reading, to be
submitted to the present session, and It*
was championed ardently by its author
and by Mr. Everett, of Stewart.
The committee en hygiene and sanita
tion. from which it had come, had rec
ommended that it not be passed, and it
was in opposition to this recommendation
that Mr. Harvard spoke. He explained
that the committee feared lest the meas
ure would conflict with the interstate
commerce law and had framed their un
favorable recommendation by reason of
this fear.
The bill, when ft was put to a vote, re
ceived MB votes for and 22 against.
The bill introduced by Mr. Taylor, of
Houston, to make it a crime to import
into Georgia cattle affected with con
tagious diseases, was then put on its third
reading and then was passed by a vote
of lit) to 0.
William Schley Howard’s franchise bill
was taken up next, and at the request of
the author was made the special order
for Tuesday, immediately after the con
firmation of the journal.
The bill by Mr. Wright of Rome, provid
ing that a garnishment should operate as
a lien upon the subsequently accruing in
debtedness of the defendant, was then
read.
The purpose of this bill. Mr. Wright ex
plained to the house, is to prevent an em
pi -yer paying an employe in advance and
thereby dodge a garnishment.
A number of voices were raised in sup
port of the measure and none against it.
and it passed by the narrow constitu
tional majority of 89 to 0.
A resolution by Mr. Steed of Taylor
that the librarian be requested to furnish
memters of the house with a copy of the
code of 1885 was adopted, a large number
c.f familiar bills tabled at the request of
their authors and. after an unsuccessful
effort on the part of Mr. Wright of Floyd
to change the order so as to permit the
introduction of new business, an adjourn
ment was taken.
Senate Has Short Session.
Anarchy, anarchistic literature and an
archists will consume some of the time
of the senate during the present session.
Two bills were introduced into the senate
Thursday providing for the punish
ment of any one exhibiting or attempting
to inculcate in the minds of others either
by word of mouth or literature anarchist
ic ideas. Otie of these bills was presented
by Senator Sullivan, of the eighteenth
district, and the other by Senator Bell,
of the thirty-ninth district.
Another Important bill presented in the
Senate Thursday morning was one making
Btascegenation a crime In Georgia.
After the senate had met. a sealed mes
aage from the governor was received with
a request that it be considered in execu
tive session.
The report of the special committee ap
pointed at the last session to investigate
the affairs of the academy of the blind at
Macon was read.
The report was to the effect that the
academy was In good condition.
Adjourns as Tribute of Respect.
The houso Friday adopted resolutions of
Sympathy for the bereaved family of Hon-
Porter King, named a special honora
ry escort for the remains, and then, out
Os respect to the dead member, adjourn
ed till 1® o’clock this morning.
The death of Mr. King came to the
members of the house as an especially se
vere shock, as on Thursday he was among
them, active, genial and apparently in
the best of health.
Friday many members of the body re
ceived their first intimation of the fact
that he was no more only when they saw
his desk draped in crepe, and doxens of
them declared, in discussing the sad af
fair before the house was called tn order
that morning, that they simply could not
realize he would never again move among
them.
Immediately following the speaker’s
cal! for order, the chaplain arose and
stepped tn the front of the rostrum, and
there, with closed eyes and bowed head
and speaking in a subdued voice, declared
the stroke had come like a bolt from a
clear sky. and prayed that the bereaved
family might be solaced by the Almighty,
and that the example which Mr. King
had set th-' members of the house might
inspire those members to greater xeal
gn«’ higher devotion to their duties.
TUeu, folic wing t2xa reading and con-
firmation of the journal. Mr. Slaton, of
Fulton, arose and said:
“Mr. Speaker and gentlemen of the
house: On yesterday, in the full pride of
mental and physical vigor, a member of
this body was engaged in the service of
his constituency and his state. Today he
is no more.
“It becomes the painful duty of my col
league. Mr. Houston, and myself to an
nounce to this house the death of Hon.
Porter King, representative from Fulton
county.
“In view of our loss, we desire to offer
these resolutions:
The resolutions were sent to the clerk's
desk, and therefrom read to the house.
They were as follows:
"Whereas. The Hon. Porter King, a rep
resentative from Fulton county, was sud
denly stricken and died last evening.
"Therefore be it resolved by the house
of representatives, the senate concurring,
that a committee of seven members from
the house and five from the senate be
appointed to report such observances as
should be taken by the general assembly
on the death of a distinguished member.”
This resolution was unanimously adopt
ed. and a committee consisting of Messrs.
Slaton of Fulton. Houston of Fulton,
Reid of Campbell. Wright of Floyd, Hall
of Bibb. Wilson of Clay, and Wight of
Dougherty named on behalf of the house
to act with the senate in making the re
port.
The routine work of the morning was
taken up for a short while, awaiting the
concurrence of the senate In Mr. Slaton’s
resolution. In this time a motion that
the chaplain’s prayer be spread upbn the
joumel was made and adopted.
The senate’s concurrence was sent In
about 11 o’clock, and a recess was then
taken until the joint committee could
frame its recommendation.
In half an hour after that the commit
tee announced ready, and the house was
thereupon called to order and the com
mittee submitted its report.
This was as follows:
“We advise that the sympathy of the
general assembly be tendered the family.
"That when the house and senate ad
journ today they stand adjourned till
Monday morning at 10 o’clock as a mark
of respect.
“That both the house and senate attend
the funeral, which occurs at 2:30 p. m.
from the Second Baptist church, and that
a special escort of eight from the house
and four from the senate, of which the
speaker of the house and the president of
the senate shall be members, be appoint
ed.”
This resolution was unanimously adopt
ed. and the escort from the house named
as follows:
John D. Little, speaker: Slaton of Ful
ton. Houston of Fulton. Toomer of Ware,
George of DeKalb, Knowles of Floyd,
Steed of Taylor, and Mitchell of Thomas.
A motion that the house adjourn out of
respect to the memory of the deceased,
was then made and carried.
First Bill By the Senate.
The senate Friday adjourned till Mon
day as a mark of respect to the memory
of Hon. Porter King, member of the
house of representatives from Fulton
county. A committee of five from the
senate was provided for by resolution
and named by President Howell to offi
cially represent the senate at the obse
quies. and the entire membership of the
senate was requested to attend.
The special committee is composed of
Senators Ellis. Grantland, Allen, Cann
and President Howell.
The first bill of the present session was
adopted by a vote of 36 yeas to one nay.
This bill provided for the establishment
of a city cotift of Sa fitter svl lie.
Immediately after the senate convened
Friday morning a sealed message was re
ceived from Governor Candler. These
were additional appointments which will
be considered on Monday.
FAIRCLOTH STILITnOFFICE.
No One to Appoint as Solicitor of John
son County.
Governor Candler remains in a quan
dary regarding the appointment of a so
licitor for the county court of Johnson
county. The senate Friday turned
down the appointment of W. B. Kent,
made by Governor Candler, because he
was a Populist.
Solicitor Faircloth, who now holds the
place will continue to perform the duties
of the office until his successor Is quali
fied. Since there are only two men in
Johnson county who are qualified to hold
the office, and since the governor does
not wish to name a convicted gambler
to the place, ttje senate has refused to
confirm the appointment of a Populist,
he does not know what to do.
Under the present conditions and as
long as they exist it is likely that Gov
ernor Candler will not make another ap
pointment to the office, but will allow Mr.
Faircloth to remain in the place and con
tinue to perform the duties of solicitor.
He is not an appointee of the governor
and he does not feel that his administra
tion can be held responsible.
ELKS~FAIR A SUCCESS.
Fully Seventy-Five Thousand Stran
gers Visited Macon.
MACON. Oct. X.—The Elks’ fair al
fresco will close tonight, after five days
of fine business. It is the third fair of the
kind that has been given here within the
past year, but it was well patronized
nevertheless.
It would not have been sufficient to draw
very many outsiders, if it had been de
pended upon solely, but Buffalo Bill on
Tuesday and the veterans' reunion on
Wednesday and Thursday brought In the
people by the thousands, and it is esti
mated that fully 73.000 strangers were
within Macon's gates during the week.
Os course, out of these crowds the shows
caught their share of business.
After the reunion there was a dropping
off of out-of-town patronage. because
nearly everybody went home. Then came
the turn of the home folks, and all of
yesterday the Macon people visited the
shows and crowded around the Elks'
country store. They did this as much
as a compliment to the Elks as for any
thing else, because there is nothing new
to them In the attractions. The shows
are all first-class of their kind, but three
street fairs in one year brings it down
to a continuous performance basis.
The Elks expect to realize about S3.dCO
net out of their week's work. This will go
to the building fund. When they get
enough in sight they will erect one of the
handsomest club houses in the south.
WILL PLANT SEVERAL
THOUSAND FRUIT TREES.
MACON. Ga.. Oct. M.—Mr. Stuart C.
Davis, clerk of the county commission
ers. has purchased a plantation near Had
dock's Station and will plant several
thousand fruit trees at once. He will de
vote his attention to fruit growing when
he wearies of political jobs.
georgmTrostmasters.
WASHINGTON. D. C.. Oct. 2C.-Georgla
postmasters appointed today:
Ducktown, Forsyth couny. L. T. Ledbet
ter, vice J. W. Hawkins, resigned.
Kancaid. Chattooga county, J. H. Clark,
vice M. G. Wilds, resigned.
Lankbarrett. Whitfield, county. T. J.
Cooper, vice F. B. Tuilllam. resigned.
Pfeiffer. Screven county, V. Pfeiffer, Jr.,
vice B. Pleiffer. dead.
Timothy, Campbel! county. J. R. Jen
ness. vice M. T. Smith, resigned.
Worrlli. Randolpth county. H. T
Weathersby, vice H. Stevens, resigned
ATLANTA, GEORGIA, MONDAY, OCTOBER 28, 1901.
DEWEY RESIGNS CLUB
BECAUSE OF CRITICS
REPORT SAYS HE QUIT BECAUSE
OF ENEMIES OF
SCHLEY.
WASHINGTON. D. C„ Oct. 2C.—The res
ignation of Admiral Dewey as president of
the Metropolitan club has caused a con
siderable flutter in Washington social cir
cles.
The Metropolitan is one of the most ex
clusive clubs in the city, its membership
numbering officers of the army and navy
and prominent government officials.
It is stated by the club members that
Admiral Dewey resigned because he
found that the Schlej’ court of inquiry
took so much of his time that he was
unable to ktep fully abreast of his club
affairs. The true Inwardness of the case,
however, seems to be that he resigned
on account of criticisms made against
him by his fellow clubmen who alleged
that his rulings in the Schley court were
too favorable to Schley. There appears
to be a strong sentiment against Schley
in the club. Admiral Dewey has not left
the club, but simply resigned the presi
dency.
TURNED DOWN A POPULIST.
Senate Turned Down Appointment of
W. B. Kent as Solicitor.
Many appointments made by Governor
Candler during the last few months and
sent to the senate Thursday were confirm
ed by that body next morning.
Only one appointment made was
turned down. That was the ap
pointment of W. B. Kent, who had been
named as solicitor of the county court of
Johnson county, ivent is a populist. Gov
ernor Candler today, in explaining the
appointment of a Populist, stated that
h? had either to appoint a gambling Dem
ocrat or a Populist, and he chose the
latter.
“Only two men in the county wanted
the place.” said the governor. “I had a
eopy of Ua sentence of the Democrat
who had . sen convicted tn his own court
for gambling. The Populist seemed to be
a good citizen, except that he was a Pop
ulist.”
The governor named Mr. Kent, but the
senate refused to confirm him. Two oth
er appointments, that of Mr. Simpson as
solicitor of the Cherokee circuit to suc
ceed the late Solicitor Hutcheson, and of
Mr. Brunson as solicitor of the Macon
circuit, the senate referred to the general
judiciary committee on the ground that
the senate had nothing to do with the
appointments.
The appointments confirmed were as
follows:
Hamilton McWhorter, Sr., as represen
tative from the state at large on the
board’ of trustees ot the University of
Georgia.
S. B. Adams, of Savannah, to «ucceed
the late B. A. Denmark on the same
board.
C. J. Wellborn state librarian.
A. D. Freeman judge of the city court
of Newnan. W v G. Post solicitor.
J. C. Reynolds judge and M alter Ben
nett solicitor of the city court of Way
cross.
Hamilton McWhorter, Jr., solicitor of
the city court of Lexington.
J. L. Carter, judge, and N. J. Holton,
solicitor of the city court of Baxley.
J. W. Quincy, judge, and Levi O'Steen,
solicitor of the city court of Douglas.
H. H. Perry, reappointed judge of the
county court of Burke county.
C. T. Crawford, appointed solicitor of
the county court of Baldwin.
J. C. Edmondson, reappointed solicitor
of the county court of Brooks.
Judge Griffin, reappointed judge and S.
M. Varnadoe, appointed solicitor of the
city court of Valdosta.
John O. Perry, reappointed judge of the
county court of Baker.
W. U. Jacoway, reappointed judge, and
John G. Hale, reappointed solicitor of the
county court of Dade.
Richard Hobbs, reappointed judge, and
John D. Pope, reappointed solicitor of the
city court of Albany.
E. W. Hammond, appointed judge of
the city court of Griffin.
Arthur Patton, appointed judge of the
county court of Thomas.
H. B. Peeples, reappointed judge of the
county court of Berrien.
CRITICISM FOR ROOSEVTLT.
MONTGOMERY, Ala., Oct. 25.-A rat
ification club with over one thousand
members were organized Wednesday night
to support the new constitution.
Hon. Gordon McDonald was elected
president and A. H. Arrington, secretary.
The club was addressed by General Geo.
P. Harrison, of Opelika, and Hon. J.
Tom Heflin, of Lafayette. Both speakers
were members of the recent constitutional
convention. General Harrison was a
member of the convention held in 1875.
Harrison gave a splendid analysis of the
new instrument and Heflin dwelt partic
ularly on the idea that a ratification is a
democratic question. Reference was
made by both speakers to the Roosevelt-
Booker Washington incident.
General Harrison, without mentioning
the name of the president, said that the
times were strangely changed when a
white man could sit down to his own
table with a negro.
"God grant,” exclaimed General Har
rison passionately, “that the time will
never come when a governor of Alabama
or any white man in Alabama will sit
down at the table with a negro and take
his daughter with him.”
This sentiment was wildly applauded.
“Let others choose their own actions,”
continued General Harrison, “but for
God’s sake, white men of Alabama, let us
preserve the purity and sanctity of our
people.”
Mr. Heflin was severe in his arraign
ment of the president. He said that
Roosevelt had ruined ’the negroes of the
south and he hoped, in doing so he had
ruined himself in the public life of the
country.
Continued From Page One.
BERLIN. Oct. !6.—The British government Is
■>uying potatoes in Germany for South Africa,
Mid 25.000 boxes have just been shipped to the
tape from Hamburg.
LOOK AT THE LABEL
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sue of the paper. Tou need a reliable
newspaper like the Beaal-Weekly Journal,
with its elaborate news service to keep
you posted.
IMPORTANT CASE
HEARDSATURDAY
SUIT AGAINST TOWN OFCARTERS-
VILLE OVER BREAKING OF CON-
TRACT BEFORE NEWMAN.
An Important caae came up Saturday
before Judge Newman, of the United
States court, in which the Cartersville
Light and Power comv».f>.y. seeks to enjoin
the city of Cartersville from selling bonds
and using the proceeds to erect an elec
tric lighting plant.
The case involves a very important
poirt. In 18S8 the city of Cartersville
maue a contract with the Orient Illumin
ating company of Massachusetts, in
which it agreed to take all of Its artificial
Illumination from this company. This
contract has, however, been declared il
legal and void by the supreme court of
the state of Georgia. The Cartersville
Light and Power company contends that
this decision violates the 14th amendment
of the constitution of the United States In
that it impaired the obligation of the
city’s contract with it, and that its effect
would be to take the company's property
without due process of law.
The light company therefore, contends
that the United States court should not
follow the decision of the state court,
but that it should protect it In Its rights
under the old contract .under the guar
antees of the 14th amendment of the con
stitution. The Cartersville Light and
Power company Is ntoresented by Attor
neys Gray, Brown & Randolph, while the
city of Cartersville is represented by
Judge James Neel and John H. Wfkie.
The case will probably not be concluded
before next Saturday If then.
HOnTpORTER ' KING DEAD.
Prominent and Able Member of Legis
lature Dies Suddenly.
Hon. Porter King died suddenly Thurs
day night about 9:30 (/clock from the rup
ture of a blood vessel, at his home, 79
East Merritts avenue..
For two weeks Mr. King had not been
well, but he continued to look actively
after his business. Tkufeday morning he
attended the session ot the legislature and
in the afternoon rode out to Decatur to
Jook over some land <l%/yrhich he expected
to huffd a beautiful home in" a short time.
While In Decatur he k as taken with pains
in his chest. He was not near any resi
dence and had to lie down on the grass
for a few minutes until he felt well
enough to return to the city. When he
reached his office Mr. King felt so much
better that he began the dictation of a
letter to his stenographer. Before he fin
ished the letter, however, the pain In his
chest returned and he was forced to aban
don it and lie down on a lounge. Dr.
Marlon Hull was summoned and adminis
tered medicine. Mr. King grew better im
mediately, but seemed a little apprehen
sive. Later, however, he went home, appa
rently In the best of spirits. A number of
friends had been invited to dinner, the
party consisting of Colonel and Mrs. Prio
leau. Dr. George Brown and Judge Moore,
of Marlon, Ala. Mr. King excused himself
from the dinner as he did not feel well and
went to his room and retired. He was very
cheerful and waived aside the anxiety of
his friends with the assurance that he
would be up and well next morning.
A few hours later and death’s grim
hand had Interposed and carried gloom
Into a happy home and left countless
friends and relatives dumb with grief.
Death came peacefully and quietly and at
first It was thought that he was sleeping.
Mr. King was about 44 years old and
a native of Perry county, Ala. His fath
er was a very prominent man and probate
judge of his county. His mother Is a
daughter of Chief Justice Henry Lump
kin of Georgia, and his grandfather was
prominent in educational work in Perrj’
county and a pioneer citizen. Mr. King
attended Howard college in Perry county
and later entered the University of Vir
ginia, where he studied law. He began
the practice of law in Alabama, but at
an early age came to Atlanta and was
a resident of this city for twenty years
up to his death last night. He began his
professional career here In partnership
with Captain Henry Jackson. Later he
became a member of law firm of King &
Anderson, composed of himself. Captain
Clifford L. Anderson, and Lewis W.
Thomas.
From the very beginning of his citi
zenship In Atlanta Mr. King was a pub
lic spirited man and took an active In
terest in everything that made for the
city’s welfare and upbuilding. In state
and municipal politics he was prominent.
He was twice a member of the general
assembly, having served his first term
about ten years ago, and being a repre
sentative from Fulton county in the
legislative body at the time of his death.
In 1890-91 Mr. King was a member of the
city council and he was mayor of the
city in 1895-90. It was during his adminis
tration that the Cotton States and I»ter
natlonal exposition was held, and for its
success he worked diligently and fruitful
ly.
Mr. King was prominent in military cir
cles, being a member of the staff of the
colonel of the Fifth regiment. He had
been promlnetly spoken of as the suc
cessor of Col. Park Woodward, as com
mander of the Fifth regiment, the latter
having applied to the governor to be re
lieved from active service. He was a
member of the Masons, Red Men. Knights
Templar and Odd Fellows. He was a
deacon In the Second Baptist Church, and
for a number of years had been very ac
tive in church work. He had charge of a
Sunday school class in the church and
had conducted it very successfully, being
greatly loved by all those who attended it.
He is survived by his wife, who was
formerly Miss Carrie Remsen, of Talle
dega, Ala., two children, Carrie King,
nine years old, and Remsen King, four
teen years old, two brothers, Joseph H.
King, of Anniston, and Thomas King, be
sides numerous relatives, among, whom
are, Judge J. H. Lumpkin. Sam Lumpkin,
W. L. Peel, Mrs. Hoke Smith and others.
Sanders Cotton Mill Damaged By Fire.
TUSCALOOSA, Ala., Oct. 26.—Fire
broke out in the dye room of the Sanders
cotton mill here Thursday night, and
the entire room, with its contents of over
5,000 pounds of cotton and machinery,
was consumed in a very short time. By
hard work the tire department kept the
flames from reaching the main mill.
Mr. Sanders estimates his loss at |5,000,
with no insurance.
SCHLEY TELLS HOW
FIGHT WAS WON
“I WAS NOT NERVOUS,” HE DE
CLARES, ‘‘AND THERE WAS NO
PLACE TO HIDE.”
WASHINGTON, Oct. 24.—Every avail
able seat in the large room in the gun
ners’ work shop at the navy yard, where
the Schley court of inquiry is sitting, was
occupied half an hour today before the
court was called to order at U o’clock.
Lieutenant B. W. Weils, was the first
of the former witnesses called for the pur
pose of correcting testimony. He said in
response to a question from Captain Lem
ley that he 'had made a translation of a
cipher dispatch prepared at Commodore
Schley’s instance on May 24, 1898, but
which was never sent and to which ref
erence was made while Lieutenant Wells
was on the stand yesterday.
"Was the dispatch sent?" asked Admir
al Dewey, and when he was told that it
had not been, the admiral said it was not
relevant.
"We only want the facts,” he said.
Major Murphy corrected his testimony
of yesterday so as to say that the vessels
of the flying squadron in steaming back
and forth at night in front of the mouth
of the harbor at Santiago had gone only
about 800 yards to either side of the har
bor instead of 1,500 yards as stated yes
terday.
In response to a question by Mr. Ray
nor, Major Murphy detailed an incident
in which Commodore Schley figured at the
close of the battle of July 3d.
Major Murp>hy said:
‘‘l remember the Incident distinctly, be
cause it made a great impression on me
at the time. It was when they were
preparing to send a cutter to take Cap
tain Cook to the Colon to receive the
of that ship. She had hauled
down her flag and was ashore. The offi
cers and many of the men were gathered
forward in the neighborhood of the fore
castle. and Commodore Schley addressed
the men, cautioning them not to cheer
when the Spanish captain came on board.
He spoke of their gallantry—that they
had made a good fight and that they
should not be humiliated—that we should
treat them chivalrously and not humili
ate them by cheers. It was a gallant
speech and we all felt It very deeply.
The commodore made the same speech
about midnight of the same day. when we
were ranging alongside the lowa, and we
had learned that Admiral Cervera and his
officers were on board that ship. It af
terwards developed that Admiral Cerve
ra heard Commodore Schley make the re
mark and h- approved it very much, so
we were told.”
Major Murphy was then excused and
Commander Harlow called. He said that
on the 25th no one would have attempted
to coal ship and that without experience
coaling could not have been undertaken
in the forenoon of the 26th.
Notes taken by himself during the bat
tle of July 3d did not, he said, give the
exact time consumed by the Brooklyn in
making its turn, but showed the time to
be less than 25 minutes. When asked
how much time elapsed after the Spanish
yaasels came out of the harbor before
they turned to the westward tne witness
said that the time was only such its
would have been consumed in going a few
ships’ lengths.
He said he remembered the Incident of
Commodore Schley’s transferring his
flag from the Brooklyn to the Massachu
setts on May 31st for the purpose of mak
ing a reconnolsance, ■ the Vixen having
been used for that purpose.
"What, if anything, was said when re
turning about the guns that were discov
ered or developed?”
’’A remark was made, I think, by my
self. that at any rate we had developed
the battery. Commodore Schley replied
that ’That was what we went in for.' A
remark was made by Commodore Schley
about the 13-inch gun in a disappearing
carriage- which we did not believe. We
found afterwards the disappearing car
riage was a tree.”
"What was the manner and bearing of
Commodore Schley on this occasion?”
“Commodore Schley looked badly, and
as I would have suspected from a man
who probably had been up a great deal
at night and laboring under a great deal
of feeling of responsibility. From the im
pression at the time, he seemed to be se
riously affected by the situation as a re
sult of his watching and feeling of respon
sibility.”
“I saw the Brooklyn receiving and re
turning almost the entire fire of the two
leading Spanish ships with an occasion
al shot from the Colon. I was ip a po
sition to see a flash, and shortly after
ward the fall of the projectile, and this
showed that a large ship was about the
Brooklyn. The Colon evidently was using
smokeless powder, and I was not able
to tell so well where her shots fell.”
The witness said he was satisfied that
the fire from the Brooklyn set the Vls
caya on fire. There was no other ship
wi.uin range of the Viscaya at that time,
he said. The Marla Teresa, the witness
said, was driven ashore by the concen
trated fire of all the ships of the Ameri
can fleet. The Oquendo was so far in the
rear he could not estimate what vessel
caused Tier destruction.
The witness also said that he did not
consider that the Texas was near enough
to the Brooklyn at the time of the loop
to render a collision liable or that the
Viscaya made an effort to ram.
Lieutenant Harlow was then excused
and Captain C. E. Clark, of the Oregon,
was called.
At the request of Mr. Rayner he began a
description of the battle of July 3, as fol
lows:
“When we discovered the Spanish ships
coming out our fleet closed In at once to
attack them, each ship trying to keep her
head directly toward the harbor entrench
ment. The Spaniards turned to the west
ward to attempt breaking, through our
line or crossing it. and our ships swung
off to the westward in pursuit. Both sides
opened fire promptly and fired rapidly.
Dense smoke soon obscured the vessels,
making it difficult to distinguish them.
“The Oregon ran between the lowa and
the Texas the next ships to the west
ward in our line, and soon after we sight
ed four Spanish ships ahead, apparently
uninjured at the time. They had gained
so much ground that I believed they had
Seen successful in attempting to escape,
but it was soon evident we were gaining
at least on one of them, which proved to
be the Marla Teresa, the flagship, and I
thought we should bring her to close ac
tion, but might be exposed to the concen
trated fire of all the ships.
"Just then the smoke lifted or broke
away to the left, and I discovered the
Brooklyn. She was well forward of our
port beam and broadside to the enemy’j
fleet. Her course was perhaps a little
divergent from ours, because the Oregon
was attempting to draw up upon the Te
resa. But the Brooklyn and Oregon main
tained this relative position bow and
quarter, approximately’ to the end of the
battle, the Brooklyn steaming straight
ahead as nearly as I could judge and en
gaging any and all of the Spanish s'hips.
the Oregon endeavoring to come to close
action with t'he sternmost one, and when
she was driven out of action and pointed
to the beach, then pushed on for the next
one ahead and so on until the entire fleet
was driven ashore burning or sinking.”
Mr. Raynor: “Did you get any signals
SAMPLE COPY.
from the Brooklyn on the day of the bat
tle?”
“Yes, sir. Os my own knowledge and re
membrance the signals that impressed
thetqselves upon me at the time were:
“Follow the flag.” I had this repeated to
the vessel following, thinking that they
might not see the Brooklyn and might see
us. .
“I remember another signa! ‘One of my
compartments filled with water.’ I recol
lect It because it perplexed me a little. 1
was fearful that the Brooklyn might have
to haul out of action and run in shore and
I concluded that it was given to me as a
warning in case he did haul out that I
would be prepared to look out for the
chase alone and not pay any attention to
her and that she would look out for her
self.
“I also remember a signal because I did
not understand It at first—’The enemy’s
ship appears to have been built in Italy.’
To which I told the signal officer to an
swer ‘She will end on the coast of Cuba.’
"I also remember a signal ‘Congratula
tions over the grand victory and thanks
for your splendid assistance.’ There were
other signals made, but tuese are the ones
I recollect that made an impression upon
me at the time. Os my own recollection,
I cannot recall any of the others.”
"What distance was it that you were en
gaged in the chase of the Colon after the
Viscaya ran ashore? How many miles do
you suppose the Oregon and the Brooklyn
ran In the chase of the Colon before she
surrendered?”
"I presume fifty-five miles.”
“Can you tell me with how many ships
the Brooklyn was engaged when the
smoke lifted and you saw her on her
westward course?”
“She must have been engaged with all
four.”
“Did you see the turn of the Brooklyn?”
"No, sir, I never saw the Brooklyn until
I came out of the smoke.”
“How did the Brooklyn’s fire appear to
you at that time?”
“I remember nothing about that. I re
member seeing her. It made a deep im
pression upon me to find her there, and
I felt that we should support and sus
tain bach other. I felt that a battleship
was needed and we were to be there to
gether."
“Did you see the commodore on the day
of the battle of July 3?”
“Yes, sir.”
"Will you state where and when you
saw him?”
"After the New York came up, after
the surrender of the Colon.”
"Was any conversation held between
you and the commodore on board the
New York?”
“A Spanish battleship was reported by
Captain Eaton, of the Resolute. She had
arrived off Santiago, and I think he said
he had been pursued by her. The admiral
did not seem to be impressed by that. He
seemed incredulous, but I remarked that
it must be Camara’s fleet; that they had
arrived there to form a junction with
Cervera’s fleet, but they had arrived too
late. The admiral did not assent. Finally
he said: ‘Well, Clark, you 'will have to go
after that ship.’ and believing as I did
that there was a real Spanish vessel there
I said: 'Admiral,' in war, we ought to
overpower an enemy if possible. Why
could not the Brooklyn go along?’ He
turned and said: "Certainly, Schley, you
go also.”
“I then felt that I had perhaps assumed
too much in speaking to an admiral and
suggesting that a commodore also accom
pany me. I turned to the commodore and
said:
“Commodore, we have knocked out sev
eral vessels morning. We can knock
out another, cannot we." He said: ‘ “Cer
tainly we can. Come on.’ He started
over the side and I started after him for
my boat on the other side. "What im
pressed me was his cheery manner of
approving of my having mentioned his
going and that he had no feeling against
me for having mentioned it as a senior,
and was rather approving in his man
ner."
“Did you,” he asked, “see the lowa dur
ing the earlier portion of the engage
ment?”
“Yes,” replied the witness. “I saw the
lowa standing in toward the entrance to
the harbor and her position was a little*
to westward of the Oregon. At first she
seemed to be steaming faster than we
were and I thought she was gaining
ground and would get in ahead of us.
Then the smoke became so dense that I
lost sight of her, but I could see the
Spanish ships as they came out. Later I
saw her again so near that I was fearful
the two ships would collide. I Instantly
gave the order ’Hard to starboard,’ and
cleared her. I- never saw the lowa again
during the action."
Captain Clark w’as questioned regarding
his statement in chief that the Brooklyn
had at one time during the engagement
he was engaged with four different ves
sels, and confirmed' his previous testimo
ny, saying that she was alongside all
four of the enemy’s ships, and in response
to a question from Mr. Hanna as to
whether there were not other American
vessels engaged at the same time, he re
plied the Oregon was firing as fast as
she could with her bow guns.
Captain Clark was then excused and
Rear Admiral Schley was called to the
stand at 2:06 p. m. •
There was a flutter of excitement when
the name of the rear admiral was called.
When he took the stand and after giving
his name and rank he was requested by
Mr. Rayner to relate his conduct of the
campaign in narrauve form.
He began by relating the particulars of
his taking command of the flying squad
ron at Hampton Roads, where he said
“the general plan of campaign was
thrashed out." He said that the captains
of his squadron had diversified views, and
he resolved to take the helm himself. The
question of torpedoes in the fleet was
early discussed, and he decided the man
ner in which they should be cared for.
Continuing, he said:
“I put the squadron immediately upon a
war footing, established the matter of
pickets and patrols and also the masking
of lights, which were under inspection
on several occasions to ascertain how ef
fective and complete it was.
“At first there was some fault found.
Later, I am glad to say, the masking
was absolutely complete, so that it was
impossible, when the ships were under
way in the column or line of battle, to
distinguish any one at more than ordi
nary’ distance from it.”
He had, he said, explained Jt would be
impossible to arrange a general plan of
battle, but he had explained to his com
mander that in a general way it was his
idea “to attack the head and leading ship
of the enemy attacking us and concen
trate the fire upon her.”
“My’ reason for this,” he continued,
•‘was two-fold; the first being the moral
effect upon the enemy, and the second the
confusion it would create. The older
plans of naval attach were to attack the
center or rear of an enemy’s vessel. I
felt that If we got the head we would get
the whole. I think this plan was vindi
cated by the result of the battle as It was
two months later.”
He then related the details of the cruise
to Key West and his meeting there with
Admiral Sampson.
“The admiral was very much worn, he
said, "and necessarily so because his re
sponsibility had been urgent. He showed
me a number of orders, one of which was
for a division of two squadrons, one to
take the north and the other the south
coast of Cuba, and he to have the pref
erence. I asked which he preferred, and
he expressed a preference for the Havana
command. He told me confidentially that
whichever command I should take I must
remember not to attack heavily fortified
places on the shore until the Spanish
ships were disposed of; that we must not
Continued on Page Two. i
CZOLGOSZ TO DIE
TOMORROW MORNING
FATAL CURRENT WILL BE TURN-
ED ON AT SEVEN O’CLOCK IN
AUBURN PRISON.
ALBANY, N. Y.. Oct. 24.—Leon F. Czol
gosz, murderer of President McKinley,
will be electrocuted at 7 a. m., on Tues
day, October 29th, at Auburn prison.
Czolgosz’s Brother Says Good-Bye.
AUBURN, N. Y., Oct. 26—Czolgosz’s
brother, Waldek, and a brother-in-law
arrived at the prison this morning. The
former was admitted, but the warden
was not satisfied with the latter’s identi
ty and he was not allowed to enter.
Father Anxious to See His Son.
CLEVELAND, 0., Oct. 26.—Although
the brdther and brother-in-law of Leon
Czolgosz, the murderer of President Mc-
Kinley, have been at Auburn, N. Y., about
: I
+ He v
* llfa* BF •1 *
J "i* vs » 2
: SELa ««-
t
*
a day, nothing has been heard from them
by the assassin's father, and he does not
yet know whether he will see his doomed
son alive again or not. “If the police will
let me see him I will go at once,” the fa
ther said. “I am waiting to hear from
Waldek.”
Although the father says the body of
the assassin will be brought here for bur
ial, he says he has not made any ar
rangements for the interment. The father
says he will bury’ the assassin’s body in
Cleveland if he has to buy a lot by the
side of the cemetery and form a cemetery
of his own.
Regarding the place of Interment of the
body of the assassin, it can be stated on
authority that if he dies repentant and
reconciled to the church, his body will be
given what la known as Christian burial,
that is, burial in consecrated ground, but
further tnan this no religious services
will be accorded him, and no public
church services can be held over his body.
His is what is known aa an “extraordifiu
ry” case, and the bishop of the diocese
has jurisdiction over it.
DEPOT WILL BE DECLINED.
Southern Will Build and Railroads De
cline Present Site.
It Is stated upon good authority that
the railroads will not come to the prop
osition laid down by the special legisla
tive committee at its last session, namely,
that if the state should build a depot on
the present site that the railroads enter
ing Atlanta will rent the structure at an
amount equal to 6 per cent of the amount
invested, and for the same length of time
that the lease on the state road now
runs.
The special committee will report to the
legislature that the state build a depot
to cost not less ttian JjOO.OOO on the present
site if the railroads will agree to lease
it under the conditions named.
The committee decided to give the rail
roads ten days in which to reach a de
cision and accept the proposition. Noth
ing has been heard from them up to this
time. If the railroads do not accept the
proposition the committee will report to
the house that they have been unable to
reach an agreement with the railroads,
and have no solution for the problem.
It is being rumored around the capitol
that the Southern railway will announce
in a short time that arrangements have
been completed in New York for a new
depot to be constructed on their own
property between the Forsyth street
bridge and the Mitchell street viaduct.
For some time it has been stated that
the Southern railway proposed to build
such a depot, but no definite announce
ment of the fact has yet been made.
The other railways, it is stated, will
join the Southern in this project, and it
is probable that the depot will be used
by all roads running into Atlanta w'<th
the possible exception of the Louisville
and Nashville system, which are the les
sees of the state road.
Powers Jury Goes to Scene of Murder.
GEORGETOWN, Ky., Oct. 26.—The end
of the Caleb Powers trial now seems to
be in sight. The defense offered no testi
mony on rebuttal.
Judge Cantrlll ordered the attorneys on
both sides to submit their instructions
yesterday at 11 o'clock, and he will
make his instructions to the jury from the
two sets submitted.
At 8 o’clock yesterday morning a train
on the Kentucky Midland railroad took
the jury trying Powers to Frankfort to
view the scene of the murder.
The jury was accompanied by Caleb
Powers and two of his counsel, John W.
Douglas and F. Sinclair; Judge Cantrill,
Commonwealth's attorney Franklin and
Messrs. Hendrick, Williams and Golden,
representing the state and four deputy
sheriffs.
Argument began yesterday afternoon,
and it is expected the case will go to the
jury some time this morning. Judge
Cantrlll has limited the speaking to four
hours on a side. There will be three speak
ers for the state and three for the de-
REBELS CAPTUrFtOWN.,
Revolutionists, With Yellow Fever Ep
idemic, Marching Toward Guapi.
NEW YORK, Oct. 25 —According to The
Herald, advices have been received
in this city from Colombia to
the effect that the revolutionists
have taken the town of Tuma
co, on the Pacific coast, near the Ecuador
ean frontier, and are now marching to
ward Guapi, which is near Buena Ven
tura. The cablegram also says that yel
low fever is epidemic in Buena Ventura.
Hunter Harris Gets Commission.
ROME. Ga.. Oct. 25.—Mr. Hunter Harris
has been appointed second lieutenant in
the regular army, receiving his commis
sion yesterday. Lieutenant Harris is a
brother of Superintendent J. C. Harris, of
the Rome public schools. Lieutenant Har
ris will probably be assigned to the Ninth
regiment at once and may do service in
the Philippines,
NO. 13.
