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i0 VANQUISH p esperate Cavalry Engagement Occurs at Cheng Ju in Ecrea. 0 \ HOTLY CONTESTED sc Were Forced Back at One if- n7, Bui Cams Again With Re X and Won Out. aped Courage sociated Press dispatch from Petersburg says. General Kuro i in his first dispatch to the em km, from the scene of wav, anncunc or land operations had I mat • - t offensive It-)- place against the Japanese upon L’sixth anniversary of the oecupa ‘ Arthur by the Russians. m of port operations took the form of a ie Monday by six corapa- 1 va>y attack of Cossacks, led personally by Gea ; jiishtchenko, against four squad ps of Japanese cavalry, which the ireral believed to be beyond Chong bu t which he found to be in occu Ln of that town. [Despite a cross fire which General bhtchenko cleverly directed against [e L enemy, he paid a tribute to their c ity and their bravery, the Jap L e only ceasing fire after a com t which lasted for half an hour. Be L -he Russians could follow up their vance, three Japanese squadrons Hoped toward the town, of which L squadrons entered, while tjhe [irJ was driven back in disorder, fcn and horses falling. The tire maintained on the town wn3 | destructive that the Japanese Ire unable to make an effective re bn. .Further Japanese reinforcements ar tei nr hour later, and, in view of a;. eriority cf the enemy, General Ist/ienko determined to retire, do L so without embarrassment, al lough I is carried with him three kill and sixteen wounded. ■General Mishtchenko’s Cossacks p been endeavoring for some days tone in contact with the Japanese Irek, but the latter refused to ■The skirmish of Monday will have I effect of encouraging the Russians ■ retard as much as possible the lance of the Japanese army, lencral Kuropatkin’s dispatch re ring General Mishtchenko’s opera p 2 s published does not give the p of its origin, but it is presumed It the commander in chief is either I Liao Y'ang or en route to Niu png. HVE MEN SAVED FROM GALLOWS. ! lies In Court and Afterwards Repudi ates Her Testimony. it Chicago, Tuesday, a child's test!- ' | ev reversed, saved five men from / gallows. This instance of youth unreliability under oath was in the e of William McCarthy and four ist young men on trial for mur . Tie witness being a little Italian j , Appolonia Starosta, who first | e testimony, direct, straightforward eye-wit.- J s apparently establish beyond question the guilt of the 3 and then repudiated her own evi- i ce. ! P e xplanation of the remarkable pge f she of had front, been the Instructed child declared how to !, y ty the widow of the murdered ; CVNAMUE” IN EIGHT-HOUR DILL. I | • f ntative of Anti-Coycott Assocla I'On Warns Senatorial Committee. ^ere is involved in the e'ght-hour the same dynamite with which [ c ^ ar sed the measure repealin ■y Missouri a compromise,” asserted ■■•boycott davenport, representing tho Association of America, »ne hearing of that bill Tuesday be B 'be senate committee on educa r: '“i He suggested this for I ■ !, 0n sidera tion of the committee ■/ /Cared n , bo law that if the bill was en the effect of interfer ■' l L the inherent right of the indl ■ ■ e; Woul( l wreck the party which 'c-d it. | it SKIN SAVES TWO NECKS. Cer Barn Bandit Admits Mur laid to Other Parties. most ""ihin the coils of the hang is r °Pe , j Peter Neidermeyer one cf ■ ■ / b arn bandits, made what lie are d was a true confession othe to save r /en from the gallows and from long imprisonment. _ ■ ‘ Patr -ck Barrett in his sa ■ “ C Wallace street last May,” ■ps^ V meyer - “ Job « Lynch and Kj B' lrnoils are tmder sentence of ■penpM? ]y ^ he has cr ime been and sentenced also Hugh " ,tentlar to y. are innocent.” CABINET AND THE CANAL. Action of French Court and Prospective Payment of Funds Discussed by President and Advisers. A Washington special sap 3 : A con siderable part of Friday's session of the cabinet was devoted to a discus sion cf the situation relating to the Panama canal. Satisfact.on was expressed that the French court, by its decision against the Colombian government had made it possible for the United States to close negotiations with the Panama Canal Company for the transfer of its property and concessiosn to this coun try. That no delay of an unnecessary na ture is now expected was evidenced by a plan read by Attorney General Knox informing the cabinet that a meeting of stockholders of the canal company had been called for April 23. At that time a final action will be ta ken by the company in the transfer of the canal property to the United States. When the legal technicalities have been complied with on the part of the company to the satisfaction of the assistant attorneys, Day and Has sell, who are in Paris as representa fives of this government, the United States will be in position to pay over to the company the $40,000,000 for the canal property. At the same time $10,000,000 will be paid to the republic of Panama. Of the necessary amount $30,000, 000 is on deposit in New York subject to the order of Secretary Shaw. The remaining $20,000,000 will be paid out of the current funds of the treasury, j While the receipts of the govern ; ment each month now are exceeding : the expenditures, it is just possible that Secretary Shaw may issue an ad ditional call upon the national bank depcsitories in order that the treasury may meet the payment of $20,000,000 without drawing too heavily on the I funds now in the treasury. ! It is desirable, in the opinion of the i | treasury officials, that the working ! balance of about $50,000,000 be kept in the treasury. The amount now on I hand is about $56,000,000 and at the end of the month will approximate $60,000,000. To retain $50,000,000 in the treasury, therefore, it may be deemed necessary to call on the government depositories for something like $10,000,000. TO CALL SWAYNE CASE. Impeachment Matter Will Come Before House For a Vote, Says The Post of Washington, D. C. The Washington Post of Saturday's issue says: An agreement has been j reached whereby a resolution to im peach Judge Charles Swayne, of the northern district of Florida, will be called up for consideration in the house next Thursday. The time is satisfactory to Mr. Pal mer, of Pennsylvania, who prepared the majority report of the judiciary committee in favor of impeachment; and also to Mr. Gillett, cf California, who prepared the chief minority re port against impeachment. Speaker Cannon has agreed to Thursday for consideration of the resolution. An attempt will be made by some re publican leaders in the house to have the case recommitted to the judiciary committee, thus avoiding at this sea- j sion a vote on the merits of the case What they content is tha a simple jus tification for his course has been found j I in the alleged fact that the testimony as published by the committee is not complete. The charge is made that important papers and affidavits have been with held from the house, and it will be insisted that before the house is ask ed to vote on the resolution it lias a right to all the information that was before the committee when it agreed. i by a vote of 8 to 5. to pass a resolution favonng f ■ the u impeachment u , of . Judge T , Swavne ‘ ! If the . leaders , „ fail .... their effort „ , to in , have the . case recommitted .,, . they , will - ‘ endeavor , In some other ,, way to prevent A... 1 a vote . on the ,, merits ., of the case at this time. It is suggested as an alterna tive proposal that a day after the con vening of the next regular session of congress be set for a vote. WORKERS LOSE AN ENORMOUS SUM. Cotton S P' nners ifl Fall Short Over o Million Dollars Weekly. A London dispatch says: Charles W - McAra - president of the Federation of Master C° tton Spinners’ Associa tion ‘ lssu6d an exhaustive statement on the situation of the cotton trade. It shows that the loss to the wage earn ers resulting from the necessity for short time amounts to $550,000 weekly, or $6,875,000 since the short time was started. This amount is borne by 500.000 people. The total loss to the employers is $200,000 weekly, making k the loss to Lancastershire $7o0.0li0 , v, r eekly. , , AN APOLOGY BY RUSSIANS United States Flag is Rehoisted in Town of Nieuchwang. CONSUL MILLER KICKED _ Officials of Czit Promise to Mali: Amends for Unwarranted Act. j British Flag Also Replaced. _ An Associated Press dispatch from Niuchwang, under Tuesday’s date, says: On a strong representation ade by United States Consul Miller ! that the civil administrator had invad ed neutral rights w'hen he ordered the I lowering of the American flag from buildings belonging to American citi ; zens, even though it was done through the apprehension that the flag was il legally used by Chinese for the pur P° se of resisting police inspection, the eivil administrator has promised to duly*and in proper form, through the military, raise tne flag over the build in S fr °m which it was removed. ,ne British flag, which was ordered taken down > w111 also b9 allowed to remain, Flag Rehoistcd. A correspondent of The London Times at Niuchwan O' cabling Tuesday, says: “The Russian police have apol ogized, and have rehoisted the United States flag over the correspondents’ mess.” Oisapproved by Germany. According to a Berlin dispatch, tho German press disapproves the step j take n by Russia at Niuchwang, argu in S that is contrary to the spirit of the declarations exchanged between the powers at the outset of the war j regardin fu raishes gthe Japan neutrality excellent of pretext China, and for landing troops on neutral Chinese soil, j Generally speaking, the Russian action ! e:iliances Lhe apprehensions enter tained at Berlin regarding the future attitude of China. While it is not supposed any power will seriously oppose the Russian de claration of martial law. Tho Berlin Post points out the large number of claims for compensation that will in evitably be addressed to the Russian government by the foreign merchants residing at Niuchwang. These claims will probably be supported by diplo matic representations Our Gunboat Leaves Niuchwang. The United States gunboat Helena at Niuchwang has received orders to proceed for Shanghai. She will take away all Americans who desire to leave the city. —— SCIENCE SCHOOL LOSES CASE. Teacher Sued for Back Salary ar.d is Sustained by Auditor. i In the case of Miss Anna L. Winter, | of Atlanta vs. Mrs. J. W. Armstrong ! et al., Wilkes superior court, Harris Cloud, of Crawfordville, Ga., who was appointed auditor by Judge H M. Hol den, has rendered his decision to the effect that Miss Winter is entitled to recover the sum of $329.25. This case will be recalled as the one in which the Christian Science School of Wilkes county figured. ^* Ss Winter, who taught in the school for several years, entered suit r&cove r salary which she alleged was due her b Y Mrs - Armstrong, who was *- be maaa S er of the school, NEW YORKERS FAVOR JUDGE PARKER. _ of . Emp.re _ State Denote Their Preference .n Primary Ejections, An Associat:9( l Press dispatch from f* eW Y f ork says: the dem A °cratic summar Primaries Y re ' f ^ ? eId r the m seIec th , e “ 10n 0St i “ dele Dortant f f counUes to J he state . convention f show's that the , Ern . state delegation , .. to the , national p!re convention will be instructed to vote , for Judge T , Parker „ , nominee for as pres ident. At the primar.es so „ far two hundred , . . and . twenty-eight . . . , Parker „ , dele gates are counte(1 as having been suc . cessful . As there will be a total of four hundred and flfty the Parker forc8S cIaim they will have a large working majority in the convention. ON CHARGE OF PENSION FRAUDS Negro Lawyer is Conviced and Made Amen ab’e to Eortg Sentence. William E. Moore, a negro lawyer of Guyton, Ga., was convicted in the United Stat-*s court for the southern Georgia at Savannah, of presenting false pens.on claims, * n twe ^ e m * nutes ,be ; was ready with its verdict of ?uilty upon the twenty-two counts of the indict ment en0u f h ln to g ive J f Iooro nes a “ 200 ountin y f. ars f ia t0 ^ t bou8ands Penitentary f do1 or ' lars. The sentence has „ not yet been imposed. . , ~ . znEBr TRUST COMPANIES FAIL. One in Qeveland and Another in Bos ton Go to the Wall--An Official is Under buspicon. The Federal Trust Company, at Cleveland, Ohio, made an assignment to the Guardian Trust Company Thurs day. The action is stated to have been taken as a result of the disappearance of a prominent official of the Federal | Xrusl company. Reports are in clr I culation that a shortage has been found in the funds of the concern. While no statement has been filed as yet by the Federal company, it is ; understood it will turn over about $1, OOO 000 in deposits to the assignee. Its total assets will be about $3. Federal „ , Trust m x „ 000,000. The has a capital stock of 31,500,00 It has a surplus fund of $50,000 and about $140,000 undivided profits. According to its last report it had $2,1S8,3G2 in loans and discounts, $45,300 real es late loans, owned $729,000 stocks. bonds and mortgages. Its last state ment showed individual deposits of $1,593,328, but officials state the depos its were about $1,000,000 at the close of business Wednesday night An agreement was practically reach ed between the directors of the Fed eral Trust Company aqd the Guardian Trust Company several clays ago, pro viding for the merging of the two con cerns. The disappearance of the offi cial of the Federal company, however. pracipitated matters and the directors decided that an assignment would probably avoid a run on the bank and protect all interests. Boston Union Trust Closes Doors, i The Union Trust Company, at Bos ton, has closed its doors The com pany was incorporated in 1888,.with a capital of $100,000. The president is former Congressman William E. Bar rett. Mr. Barrett is also a well-known Boston publisher. The liabilities of the company are placed at $1,600,000, with nominal as sets of about the same amount. The difficulties of the concern are attributed to heavy withdrawals by depositors and the inability of the management tc realize quickly on securities in order to provide for the unusual demands. At the office of the Savings bank com missioners, it was stated that the com pany had been temporarily enjoined by the supreme court. The court w.Ij be asked to appoint a receiver. The directors state no opposition will be made to tho receivership and the company will go out of business They state positively that depositors will lose nothing. . WARNING FROM RUSSIA. Powers Advised to Watch for Evidence of Duplicity on Part of Chinese. ! Many Japs Being Killed. ! A St. Petersburg special says: Id connection with the activity of the Chinese along the Shan-Hai Kwan | railroad, The Bourse Gazette warns the powers of the unreliability of Chi nese neutrality and says it believes i they are making a serious mistake, I declaring that, the celestials are going ! to astonish the world when the world least expects it. The Gazette further declares it tc be the duty of the powers to take col lective action to strengthen the press ure &it Pekin in order to compel the j non-participation of China in the war, ! and concludes: "Russia cannet forever play the soli tary watch deg of civilization in the Far East. i* The Novoe Vremya advises the gov- j ernment to protest against the vola tion of the Genova convention in the hoisting of Red Cross flags to protect j the Japanese troops in the fight at Chong Ju. The correspondent of The London Daily r. here Telegraph at ^ _ Seoul reports that | is continuous skirmishing be ween I-ing Yang and Wiju, and that many Japanese have been killed. The correspondent adds that a Ko rean spy at Ping Yang has been shot by the Japanese. For sinking Japanese merchantmen in Sungari straits at the opening of I the war $75,000 has been distributed in prize money to the crews of the four cruisers of the Vladivostock squadron. DEATH CLAIMS GENERAL PAYNE. Wa» Noted Confederate Leader and Promi nent Washington Attorney. General W. H. Payne, counsel for the Southern railway, a distinguished Confederate soldier and commander of the famous Black horse cavalry at the first battle of Bull Run. died at apartment in Washington Tuesday. General Payne lived at Warrenton, Va., and practiced lav/ in the Virginia courts for many years. He organized and was first captain of the Black Horse Cavalry, was colonel of the Fourth Virginia cavalry, and became a brigadier general in 1864. commandina a brigade under General Fitzhugh Lee * DECISION MADE IN CANAL SUIT Colombia Loses Ecr Case Before a Court in RepubJc oi France* LAJ1 f AST FT iLA> AW ’ IS LJ RtMOVED Panama Canal Company Establishes Right to Convey Clear Title to the United States. , An Associated Press dispatch says: i rhe 111 first civil tribunal of the Seine ' Thursday decided the case of . the . re public of Colombia against the Pana rna Canal Company in favor of tli a i defendants. | The complaint holds that the com plaint of Colombia is nol receivable and condemns the plaintiffs to pay the I costs of the act.on. This decision has the effect of removing the legal obsta cles in the way of the transler of tno canal commission from the company to the United States. The decision is a lengthy document, fully reviewing all the early circum stances of the concession and setting forth the various acts of the Colom bian congress, the treaties, etc., parcic ularly articles 20 and 22 of the treaty of March 20, 1897, whereby the com pany acquired its rights. “These articles,” the decision says, “have the manifest purpose of assur ing tho full exercise of sovereignty over the canal. It results from what is established before this tribunal that Colombia is not in possession of the territory traversed by the canal. Com ing before a French court in order to sustain its rights over the canal, Co lumbia tacitly admits its Inability it self to control the canal. It therefore follows naturally that it has lost sov ereignty over the territory traversed by the canal. “It also appears that thi3 sovereign ty is maintained by the republic of Panama, which is in actual possession of the authority and power of adminis tration. Under such circumstances it only remains for the Panama company to accept the actual situation of au thority and the facts relative to tho territory embraced by thb concession. Therefore the action commenced by Colombia is not receivable.” The decision concludes with the spe cific recital under the French code that none of the claims set up by Co lombia are valid; that its request to enjoin pending actions is not v/nr:unt ed; that its plea for cost3 against the company is not justified and that the entire cost of he procedure are as sessed against the plaintiff. Legal Obstacle Removed, A Washington special says: Presl dent Roosevelt and Attorney General Knox had a conference Thursday sub sequent to the receipt from the Asso elated Press of the information that the government of Colombia had last its suit in the French courts ago nst the new Panama Canal Company, and that now there was no large j a sen for delay in the tr: !!!)«’ Pi of tho company’s concessions and pro pc V to the United States. The transfer of the property and concessions will be ratified at tha meeting. W. A. Day and Charles W. Russell, the assletunt atorney gen eral, who have gone to Paris to as sist in the transfer of the property, will remain there until the transfer shall have been completed. The dissolution of the Panama Ca nal Company, so far as the transfer of the property to this country is con cerned, probably will take place in the latter part of April. The payment of the *40,000,000 to the company will be made about that tim0 I; j, uot ukeiy that the payment of the $ 10 - QOO.OOO to the republic of Panama w.'li be made prior to that of the canal company. It is the view of the presi dent and attorney general that the payments should be practically con current. This is their interpretation of tho legislation bearing on the matter and, of the ratified agreement with the gov ernment of Panama. CARNEGIE READY WITH A DONATION. Founder of Many Libraries Promises Liberel Contribution to Campaign Fund. A Washington dispatch says: An drew Carnegie has sent word to Presi dent Roosevelt that he need not worry over rumors that tho moneyed inter ests of Wall street ary not disposed ta chip into the republican campaign fund. The founder of libraries says he stands ready to contribute any reason able sum up to a million dollars, if necessary, to offset any defections by - the rich Wall street men.