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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 From the small label pasted on your paper you will see the date your sub scription expires. If you have not already sent your renewal, we hope you will send it without delay, so aa not to miss an Is 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.