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I Subscriber’s Paper-Net for Sale THE MACON TELEGRAPH WEATHER FORECA8T FOR GEORGIA—WARMER TUESDAYl WEDNESDAY FAIR, COLDER IN NORTHWEST PORTION! FRERSH TO 3RISH SOUTH WINDS. ESTABLISHED IN 1826. MACON, GA., TUESDAY MORNING, NOVEMBER 29, 1904, DAILY—67.00 A YEAR 1’ESTEttDAI IN SWATHE CASE •Some Interesting Testimony Adduced BOONE ON THE STAND Denied Any Conspiracy or Arrangement ME. LIDDON QUESTIONED Was Informed Against for Receiving Illegal Fes, But Has Since Been Florida’s Chief Justice—The Defend ant Himself Submits Long State- r ,ment, Giving His Side. WASHINGTON. Nov. 28.—Mrs. Su san Downs was the first witness heard today by the house Judiciary commit tee. which is investigating the Judge Swayne case. She keeps a boarding house at Waco, Tex., where Judge Swayne stopped three times when he held court in that city. She charged Judge Swayne at the rate of $40 per month for himself anl $68 per month when he was aocompanied by Mrs. Swayne. The cross-examination of Robert J. Boone of Florida was then resumed, Attorney Liddon, for the prosecution, fended hit course, the facts of /which were nearly all set forth in the minor ity report in favor of Judge Swayne, and In previous testimony taken. Re ferring to the case of K. T. Davis and Simeon Beldqn. he said that nothing wat shown that would indicate malice on hla part Swayne In Own Defense. Judge Swayne defended his course in the Hoskins case. No tender, he said, was ever made by Hoskins in hia court for settlement. He said he saw no grounds for suspicion that a con spiracy existed to break up Hoskins* business. He believed, and the testi mony showed, that the books taken by young Hoskins,were taken on the ad vice and with the aid of the alleged bankrupt Hoskins. He denied that he had in any way prejudged the case of young Hoskins, for whom a contempt warrant has been issued. Judge Swayne Justified his action in sentencing W. C. O’Neal to sixty days in Jail for contempt. He declared that he had never favored B. C. Tunlson or been partial to him. He referred to attempts by certain attorneys to de fame him in Florida newspapers, denied several statements made by John Wurts. He never made, he said, but one trip from Delaware, to Flor ida in a private car. He made one trip in the same car to the Pacific coast and paid for the provisions himself. He asserted that during his term as Judge he never allowed anything to influence his nets outside of the law and facts. In answer to Mr. Palmer. Judge Swayne Justified his use of the private car of the railroad company, which was in the hands of a receiver. The committee decided to close the testimony and adjourned. A BIG SUIT. Alleged Loan of . _ ... suit by Herbert D. Newton of Brookline. endeavoring to connect Boone with Moss., against Mrs. Cassle Chadwick of Cleveland. O., for $190,800 for money John M. Calhoun in the bankruptcy proceedings against Hoskins. While Attorney Higgins was con ducting a re-direct examination of Boone concerning the Hoskins bank ruptcy, Mr. Palmer, of the sub-com mittee, objected to his line of ques tions and answers. “There seems to be a disposition on the part of this witness,” ho said, “to blacken the character of this old man Hoskins with every answer he make*. A little later Boone testified that he filed a claim of John M. Calhoun against Hoskins, aftev the case had been going for some time. Clayton in Evidence, “That was when you needed more claims to keep your petition going,” observed Mr. Clayton, of the sub-com- mltte®. Boone denied that any conspiracy or arrangement between himself and Calhoun existed against Hoskins. He also said he could not remember whether he had suggested Calhoun ns a receiver for the Hoskins property, but thought r.ot. Hf said the reason he refused to settle when checks were offered to pay some of the claims against Hoskins was that no offer was made to pay the cos<«. Boone asserted that it was never brought to the attention of the court that Hoskins was wilMng to settle in full with his creditor*. During the examination of Boone he explained the indictment against him self alluded to last Saturday. He said he was charged with the embeizlement of $10, and said the charge was the result of a disputed claim over insur ance with a traveling agent of the company which he (Boone) repre sented os local agent. A Mysterious Letter. Mr. Palmer subjected Boone to a searching Inquiry concerning the let ter signed by n rubber stamp with Boone’s name which urged the pro secution of C. D. Hoskins for con tempt In order to “break down old man Hoskins.' c^icvoiana. o., ror 8190,800 for money loaned. Mrs. Thndwlck Is the wife of a Cleveland physician. In addition to Mr. Newton's suit, several banks have taken legal action to recover various amounts, which bring the total sum to $287,800. Mr. Newton alleges that Mrs, Chadwick toUl him she had $5,000,000 In bonds and securities held In trust by Ira Reynolds, secretary and treasurer of the Wade Park Banking Company of Cleveland, and that she had a note for $500,000 which she could negotlato at any time for the pur pose of paying Newton. He loaned her $190,800. Besides Mr. Newton, the plaintiffs in the suits against Mrs. Chadwick are the Kudid Avenue Savings A Trust Company of Clevclnnd, for $38,231, the Savings De posit Rank * Trust Company of Elyria. O., for $10,000, and the American Ex change National Bank of New York for The magnitude of the suits and sensa tlonal stories growing out of the case attracted much attentl * tlon here. OBERUN, O., Nov. The Cltliene National Bank of this place wns closed today. The action was taken as a result meeting of the board of directors, held yesterday. It is generally understood that the hank carried notes of Mrs. Chad of Cteve?~aAgmiBriM'~ ~ i— wick « llevclnnd, to a large amount. Secretary Heater’s Report. NEW ORLEANS, Nov. 28.—The re port of Secretary Hester, of the New Orleans Cotton Exchange, giving eatl mate of the year’a cotton crop* and other figures of Interest, which was expected today, will not be ready for publication until tomorrow. ID ROP ATKIN HAS AN AUTOMOBILE Inspects His Lines in a Hur ry Now CHINESE SUPERSTITION Gaze With Awe on Powerful “Foreign Devil” SITUATION AT PRESENT Armies Lie Faoing Each Other, Living Mostly in Caves Covered With Snow —Russian Commander, Though In dined to be Reticent, Says War !• Progressing as He Wishes. ANNEXATION CASE Proceedings Now Before the Supremo Court City Attorney Wimberly and Mr. John R. Cooper Argue the Vinevllle Mat ter, Former Asking Affirmation of the Previous Deoieion and Latter Opposing the Motion. P0JJ He was asked who could have written the letter if not hlmaelf. The witness replied that he did not know unless it might havo been a son of Judge Liddon, who was around the office a grent deal. Asked ns to the motive nny person other than himself could have had In writing the letter, he said that it would have been to connect Judge Swayne with the case by making testimony before this com mittee. that If the letter remained un- contradlctcd It would show a conspira cy, or, he added, not that exactly, but a connection between himself, Tuni- son and Calhoun with the Hoskins case. The letter, he said, must have been forged after proceedings were started against Swayne. Boone Made Affidavit. Mr. Palmer naked him if he did not make an affidavit that Hoskins waa about to dispose of his property and Boone replied In the affirmative. “And on that affidavit,” said Mr. Palmer, “Judge Swayne Issued an or der attaching Hoskln’s property nod depriving him of the use of it and stopping his business?” “Yes,” replied the witness, "of course his business could not go on after the attachment was made.” Attorney Higgins said that he desir ed to ask Mr. Liddon. the attorney for the prosecution, some questions cross examination. “Have you ever been Informed against for receiving an illegal fee Ip a pension case?” Liddon answered In the affirmative, and it was brought out that he had received one-third of the amount col lected. something over $2,000. He made a contract with the pensioner for such fee. which fee was paid back after the information had been lodged. Mr. Lid don then made a statement concerning the matter. Honored Since Then. It was. he said, his first and last pension case and happened thirty years ago. It had not affected his standing In Florida. Fin^e then he had been elected chief Justice of the supreme court of Florida, and had been unani mously elected a delegate to the Dem ocratic national convention. Judge Swayne Jhen submitted a long statement giving a history of his ca reer. particularly of that porjlon when he was Judge. He said that the pros ecution of the election frauds of 188$ created a bitter feeling against him. and the Florida district, was dfvid 1 by a political act of :» Democratic ro gross, signed by a Democratic pre* dent. He then went Into an extended argument to show that he was a r«%*. d*nt of the Northern district of Flor ida. Judge Bwayiw? si ro went over the cojttaofri caavs in bis court aod dc- WASHINGTON, Nov. 28.—City At torney Mlnter Wimberly, of Macon, today filed a motion to dismiss or affirm the case of J. W. Toney and others vs. the mayor and council of the city of Macon. The case grows out of the resistance of the dtisens of the town of Vinevllle, a suburb of Ma con, to Its annexation to the city, un der a recent enactment of the state legislature. The state supreme court upheld the law and It Is this decision that Mr. Wimberly asks to have af firmed. In hjs motion Mr. Wimberly says the complaints of plaintiffs In error are merely Imaginary.’ In that there has been no deprivation of any of the rights guaranteed to them by the constitution of the United States or the amendments thereof, and the case Is not a moot case and should be dismissed. The motion was opposed by John Randolph Cooper, who says the motions cannot be properly cnsldered until the case Is reached on Its merits. Among other things he said: Appellants are not fighting for delay In this case, but they are fighting for their constitutional rights. There is no reason on earth why they should fight for delay and the contention of the defendants counsel that this writ of error Is sued out for delay only Is absolutely without any merit what ever. CHE FOO, Nov. 28.—Gen. Kur.opat- kln Is the possessor of a new twenty horse-power automobile with which he Is able to rush at high speed from one part to another of the line, twenty-five miles long, according to Si. Ravolr, who reached here today from Muk den. M. Ravolr spent three weeks with Kuropatktn, who wished to se twenty automobiles specially con structed to carry ammunition speedily in emergencies. He will only use them in winter when the Manchurian roads in excellent condition. On his first trip In the new automobile Kuropat- kln’s only comment was: 'I have the advantage of Gen. Shof- ter." The Chinese now regard Kuropatkln and his machine with superstitious believing the latter to be an atro ciously powerful specimen of the “for eign devil.” M. Ravolr said: The Situation. “The two armies He facing each other each having three fortified lines. The soldiers of both nrmles live mostly in cayes. behind their trenches, which when covered with snow, have the ap pearance of a grent nost of polar beara waiting to spring at ench other. The caves are warm even without fire. The Russian troops are In the best of spir its and have unlimited confidence in their leaders. They expect Kuropatkln to attack during the winter. The Rtts- slan forces now number 800,000 men. The cavalrymen from the Don district are superior to their Siberian com rades. The former are intelligent, brave and active and have fine, power ful horses. “There are only a few hundred wounded at Mukden and 30,000 wounded at Harbin. "I came out on the Siberian railroad which seemed to be doing it* tremen dous work smoothly. The warehouses along the railroad between Mukden and Harbin are full of supplies which are almost untouched, as up to the present the army has subsisted'chiefly on the country. “The handling of the Russian artil lery Is Improving whllf the.Japanese artillery fire seems less effective. Or iginally the Russians did not conceal their artillery which the Japanese quickly dlsnbled. Now the Russians handle and conceal their guns with perfect science. “The belief Is general at Mukden that Port Arthur will hold out till re lived. no matter how long the much expected Ruaslnn second Pacific squad ron may take In reaching the far east. Kuropatkln Satisfied. “General Kuropatkln Is not tnlkatlve. His only reference to the wnr wns: ‘The war Is progressing ns I wish.’ “He still lives In his railroad car and the light in his office Is burning night and day. It Is commonly stated that the general never sleeps. His officers ure not surprised at being called to a conference at nny hour of the night. The general’s only relaxation Is at din ner time, when the officers who are. his guests number scores. Wine Is plenti ful but Kuropatkln drinks mineral wa ter. Every Russian officer avems to have an unlimited supply of money, the government being lavish In Its ex penditures. “It Is my opinion that Kuropatkln will never retreat from Mukden unless defeated decisively and I think the next battle will be a Russian victory.” Supreme Court Decides a Will Case of Long Standing. WASHINGTON. Nov. 28.—The case ktlown as the FaycrWegther will case as decided by the supreme court of the United States today in favor of the college?. The case,Involves & be quest of about $2,500,000 made to twen ty different colleges by the late Dan iel G. Fayenvrather. a leather mer chant of New York, who died In 1890. The will was attacked by Mr. Faycr- weather’a widow and two nieces, fraud being alleged. The case has been pend ing in the courts for many years nnd has been before the supreme court on several occasions. The Inst decision In It was rendered by the circuit court for the Southern district of New York and was favorable to the colleges. The case was then appealed to the supreme court, and today’s opinion affirmed the finding of the circuit court. The opin ion of the court was delivered by Jus tice Brewer and held that the case had been previously adjudicated. The beneficiary colleges are: Bowdoln, Dartmouth, Williams. Am herst. Wesleyan, Yale. Columbia, Union Theological. Hamilton, Rochester, Cornell, La Fayette, Lincoln. Virginia, Haptpton,* Maryville. Marietta. Adal bert, Wabash and Park. COLLEGES WIN CHECKED THE JAP ADVANCE Offensive Movement Proved Indecisive PRAYING FOR RAIN. Drouth tn Kentucky la Becoming a Serious Matter. LOUISVILLE. K>\. Nov. 28.--The record breaking drouth In Kentucky Is beginning to decrease the milk supply In Louisville. Several dairies have put tholr customers on half an allowance and confectioners arc unable to secure enough milk for use In making certain kinds of candy. A number of rllstfliers have suspended operations until fain falls. In a number of small places the citizens are buying water and farmers are compelled In many Instances to drive stock several miles to water. For more than a month the Southern rail way has been hauling water to Its shed by vlllngn tanks nnd for the post three weeks it has been hauling ten car loads of water a day. Freight engines running between Lawrcmehurg and Lexington and Lawrenoehurg and Bur- gen are carrying double water tanks. All the freight engines on the Chesa peake and Ohio railroad have been carrying two tanks for several weeks. In many churches yesterday prayers were offered for rain ami today tho weather bureau announces a possibil ity of showers within forty-eight hours. IS RESUMED, HOWEVER DIDN’T WORK Assault on Port Arthur Ro- pulsed Fall River Strikers Get $5,000 From Federation of Labor. FALL RIVER. Mass.. Nov. 28.—All the print cloth mills started their ma chinery today In another^ attempt to Induce the striking operatives to re turn, but the situation apparently had not changed greatly since last week. Some managers clnlmed to have made slight gains but six of tho corpora tions and Hargraves Mill No. 1. after keeping the gates open for an hour, stopped all the machinery. The textile council of this city today WOMEN CRANKS IN EVIDENCE One Wanted to Paint the President’s Picture TIIE LOSSES ENORMOUS General Sakharoff Reporta an Effect ual Artillery Fire Against the Enemy —One Division of Baltic Fleet Coal ing Off German Southwest Africa— Russian Reinforcements, ST. PETERSBURG. Nov. 28.--Qqfi- oral Kuropatkln under yesterday's date reports that the Japanese offen sive movement which began November 24, near the village of Tslnkhetchen on the front of tho loft flank, was of an Indecisive character up to 4 p. m., November 26, and was chocked by tho Russian fire. Although the fighting had then lasted three days the Rus' slan troops were In excellent spirits. A later dispatch from (Jonernl Kuro patkln reports thnt tho night of No vember 27 passed quietly at Tslnk hetchen, but that the Japanese re sumed the offensive at 7 o’clock this morning on the Russian loft flank. received a draft for $5,000 from tho headquarters of the American Feder ation of Labor at Washington to aid the Cotton mill strikers who today en tered upon the nineteenth week of the contest. Tho amount received today s the first of an assessment voted at San Francisco. The American Printing Co., today reduced the price on Indigo prints half a cent and other styles a quarter of a cent In the New York mnrket. The company is controlled by M. C. Bor den of New York, head of the great Iron works cotton mills here. It is understood that all other printers will meet the new prices. This will Increase the many compli cations in tho strike situation inas much as it means a smaller margin of profit for the printed goods. RUSSIA ACCEPTS, She Will Have Arbitration Treaty With the United 8tates. RT. PETERSBURG. Nov. 28.—Rus sia has accepted tho Invitation of the United Btotes to conclude an arbitra tion treaty on tho lines of tho Ameri can-French tronty. Although It -was known that tho American government was desirous of negotiating arbitration treaties with nil the principal powers, the fact that Russia had been approached with a direct proposition did not leak out un til Count Lamedorff had accepted It. The upprn/irhment Is expected have a splendid effect mi Russo-Artierl- cun relations, especially ns It marks Russia's first adherence to an arbitra tion treaty with a foreign power. GOT WHOLE CREW WAS TRIFLE NERVOU8. Otherwise Would Have Killed Judge at Whom Ha 8hot. RAN FRANCISCO, Nov. 28.—Rev. Isaac Selby, of Australia, plaintiff In n damage suit, shot at Superior Judge Hebbard today while the latter wni on the bench. The bullet came with In an Inch of the judge’s head, and lodged In the back of his chair. Selby was at once removed |p the city prison and charged with' an attempt to com mit murder. Selby recently was sued for divorce. Ife conducted his own defense, hut wns unsuccessful, a decree against him % being granted. Judge Hebbard, who Issued the de cree, was trying a case today when Selby arose from a seat In the court room and fired at the Judge, who rushed from the bench and grappled with his assailant, preventing him from firing another ahot. For a time great excitement prevailed. When quiet was restored It was learned that the Judge bad not been injured. Before being taken to his cell Selby said: "I ahot at Judge Hebbard because that seems the only way for a man to get Justice In thla country. My only regret Is that I seem to have bungled matters considerably. My Intention waa to kill him, but I was a trifle nervous.” Yellow Fever 8usptcUd. HAVANA. Nov. 28.—The French school ship Duguay Troln arrived here with a fever case on board. Exam ination by the port Jtealth officers de veloped suspicion of yellow fever and the ship was quarantined and ordered to undergo fumigation. The patient, who is A midshipman, wes surrounded by mosquito bars and taken ashore to the detention hospital. T:te school •hip sailed from Fort de France.Mnr- tinlque, on November 22. and dkl not touca at any IntermMiate. porta. Th crew number* five hundreds La Discussion asserts that hotel In terests In Florida and some Southern states are promoting the circulation of false allegations of the existence of yellow fever In Tub* for the purpose of cneciring' the stream of winter tour- ,uu boud4 log Cub*, 8TREET BATTLE Italian Gang Tried to Rescua Comrade Under Arreet. BCD ANTON. Pa.. Nov. 28.—As a reJ suit of the effects of the better class of Italians In and around Oarbondale to rid their colonies of the members of a lawless gang who have been commit ting many outrages, a street battle oc curred at that place tonight wh’rh With Enormous Loss. ST. PETERSBURG. Nov. 27, 7:25 p. in.—The wnr office has received in formation from Che Foo, thnt th© Ja panese assault on Port Author Satur day was repulsed with enormous loss. Sakhsroff’s Report. ST PETERSBURG. Nov. 28.—Gen eral Sakharoff today telegraphs as fol lows: "The Jnpnnese nltnck on Tllnk- hctchon wax checked by our artillery lire and the lighting censed at 6 o’clock In the evening of November 27. At no point did the enemy advance nearer than within six hundred paces of our positions. In the midst of the battle a blinding snowatorm caused a sus- pennlon of hostilities, and when tho weather cleared at 3 o’clock lit the af ternoon a turning movement against our right flunk was observed.” Will Harrase Russkvs. SHKNKINO. Nov. 28. (With Russian forces.)—The attack by the Japanese upon General Rennenkam- pff’s position on November 24, result ed In three days' fighting at Tslnkhet- chen, near Da pass. Though the Jap anese have been repulsed the fighting still continues. The Japanese havo succeeded in placing several big Miege guns In position with which they will he able to seriously harraas the Rua- alans. Arrested by Special Agent of the A. C. L. Tho Baltic Fleet. CAPETOWN, Cape Colony, Nov. 28. A dispatch to the Argus says thnt Ad miral RoJestvensky's division of the Russian second Pacific squadron Is coaling off Bwakopmund, German Southwest Africa. Alleged Act of Conductor, Engineer, Fireman and Car Inspector in Rob* blng Car One of Boldest In tho His tory of Railroading—Mon Mado No Rosistanco. Leaves for Mukdsn. ODESSA. Nov. 28.—General Kaul- bara, commander of the third Man churian army, left Odeaaa this after noon for Mukden, where he 'expects to arrive December 14. SAVANNAH. Oa., Nov. 28.—G. S, God bold, Atlantic Coast Line epeclnl agent, this afternoon arrested an en tire train crew of the Atlantic Coast Line for robbing a car on the train which they carried on the night of November 10. The men under arrest are J. ,T. Reed, engineer; C. C. Clements, fireman; It. H. Floyd, conductor, and Owen Rob inson. car Inspector. This afternoon the detective went to the homes of some of the men and cured evidence in the shape of fine hats nnd shoes which he brought with him to Justic Bevana aa evidence. The men made no resistance whctl arrested In the railroad yards. According to the evidence the men carried the car out from tho Ocean Steamship Company’s whnrf to the central Junction and thence to the At lantic Coast Line Company’s yards. ~The~act~Is”regarded~a* one“"of"the boldest in the history of railroading. Active 8kirminehing. ST. PETERSBURG, Nov. 28.—Gen eral Kuropatktn reports that there }ihb been active sklrmlnshlng on the left flank for three days. The opinion Is now expressed l»y the general staff that the Japanese intend taking tb» offensive, oh they cannot afford to wall till the RiiMMlnns are further re inforced. It in held that the fighting to the eastward Is doubtl?** with the purpose of feeling out the RtiNSlnn po sitions preparatory to an advance in that direction, hut ns there are about 7.000 Russian troons southwest of Klntsintln, where fighting occurred on November 26, and probably twice as many more In the mountains between RentHlapiitze and Hlntslntln, the Jap anew* move for this quarter would en tall serious fighting. At the same time correspondents at the front continue to scout the Idea of serious fighting being Imminent. New Orleans After Teddy, NEW ORLEANS. Nov. 28.—A meet ing of delegates from the progressive union and nil the commercial exchangee unanimously extended an Invitation to President Roosevelt to vlelt New Or leans. A permanent committee was appointed to make all arrangements. The president will be asked to spend some days here and see the port thor oughly, besides making a trip to the Mississippi’s mouth. MACON, NOV. 29, 1873. was attended with the lost of „.... ... and the serious injury of a second man. j At * o'clock tonight Santo Carresxl one cf the gang, was caught by a con- J + preiaL suble in the act of holding up and ♦ Fire in union passenger l,vvln«r trlhttf* ah a.. _• .i_ ▲ + Occurrences in the Central City -. ♦ Just a Quarter of a Century ♦ Ago Today. t From the Telegraph of that I date. + Mortuary report for the week T ♦ showed a total of six deaths, two ♦ ♦ white and four • olorod. J The Historical Record of Ma- I con and Central Georgia,” by ♦ Mr. J. C. Butler, issued from the levying tribute on one of the Italians j ♦ extinguished by department of the colony. The constable and three . * °* k* a»d order men started to i take Garresal to Jail. Word was quick- 1 ly pi-red to the gang's headquarters In : ♦ O nearby saloon and four of them rush- » ♦ ed out^and opened fire on the ronstn- ble an.* ms posse. The latter return- *** the attacking party emptied theh. revolvers they fled, leav ing all three of the constshle:s escort n H* w,,fl b *lll*ts in their i/t.* wijI r '**»tab!e protected h<m- >n front of &m. Tbs atUcfc*r» escaped, , depot t bt- HAD TO BE ARRESTED Another Brought a Steer for Him to Seo Supreme Court 8ays “No.” WASHINGTON. Nov. 28.— In the case of Maggie A. Bradford vs. the Southern Railway Co., the supreme court of the United States today an swered in the negative the following questions certified from the circuit court of appeals of the sixth circuit. . Does the net of July 20, 1802. providing when a plaintiff may Hue os a poor person, apply to the prosecu tion of a writ of error from this court. . If thnt act of congress does not apply to (ippellntc proceedings, hns this court any authority to permit tho prosecution of a writ of error In Forma Pbuperls?" A Dig Defalcation. LONDON, Nov. 28.—I,nrd Roths- child, when questioned by a represent ntlvo of the Associated Press today re garding the alleged embezzlement of $6,000,000 by Moses niunienthal. to have been bead of the bullion de part meat of the London house of tho Rothschilds, wns Ineensod «t what ho termed ‘'such grosa exaggeration,” but otherwise declined to discuss the mat ter. The defalcations occurred In July, not n. few weeks ago, as cabled to the United States, and It wns stated nt the time that 'the shortage was In tho neighborhood of $160,000. The whole matter was settled privately shortly after tho embesslemont was discov ered. ST. LOUIS, Nov. 28.—After trying force her way Into the residence of William H. Thompson, for the ex pressed purpose of painting the pic ture of President Rojsevelt, Miss Marla Herndl. said to be a glass painter, from Munich. Germany,, hut claiming occupy studio quarters In Milwau kee. WIh.. has been arrested by secret % service men. She appeared to bo nbout 38 years old, was fairly well dressed, and showed refinement. She walked up the jsteps, rtinv the bell and explained to the butler In broken Eng-< x llsh, after giving him her card, that she had written to the president a week ago and that she Intended to call upon him during his Bt. Louis visit and paint his picture on glass. Detective Vlehle. of the secret ser- nrose an«l Jed her down tho • steps. Ho sought to persudo her to return to her stopping place, hut per suasion availed nothing and the wo man wns finally placed under arrest. Miss Herndl was released nt tho po lice station after hnvlng been ques tioned nt length ami satisfying tho authorities that she meant no harm to the president. Tonight sho said that she had jt.painting of Georgo Wash ington on display In the varied indus tries pavilion and wns anxious that It be viewed ' by President, Roosevelt. When he failed to see It on Saturday, she decided to call on him on Sunday to persuade him to Ace tho picture. NEW YORK, Nov. 28.—Several thou*, end spectators mnmnihleil la Madison Square Garden tonight for the Old Glory $7,000 to L. M. Borden of Wallklll. New York. Tin- bidding begun st ‘12.000 nnd Jumped by $100 bids tn jhe $6,300 mark Another Trial For Nan Pat terson Next Week Illness of Edward Dressier, a Juror, Caused Aotion on Part of the Court —Fair Defendant Appeared Muoh Dejected Ae She Was Led Back to Confinement. NEW YORK. Nov. 28.—Tho Jury In tho Patterson murder trial wns dls charged today and nt tho same time District Attorney Jerome served notice on Miss Patterson's counsel that a new Jury would bo selected and a re-trlnl begun at the term of court which opens one week from today. The illness of Edward Dressier, Juror who was stricken with apoplexy Inst week, was the cause of today’s tic tlon. When the Juror’s Illness was re ported st the opening of court Inpt Saturday, Justice Davis ordered an ad Journment until today, hoping that Dressier would recover sufficiently a|lqw a continuance of the trial. The Was Unimportant. MUKDEN, Nov. 28.—There seems to be undue lrni>ortnnce attached to the thre days’ flfht between the Jap* >e and General Hennenkantpff's men. It was In reality an unimport ant advance guard affair. In which the Japanese were repulsed with » loss of 100 men. This advance pf the Jap anese against Da pass need not bo considered as a big flunking movement toward Tie pass, which so many Imagine is the route the Japanese ‘n- tended to take. Both the Japonese armies are united, near Mukden, and ns heretofore, are simply awaiting dt velopmenta. The weather is warmer and there Is less wind. The navigation of the Liao river will close in a day or two. VARDAMAN 8ARCA8TIC fore serious damage was done. Busy session of the county court. Chain gang returned to the city and went to work pq Wash ington avenue. White swan measuring'seven feet from tip to tlp» killed st Lumber City and sent to Dr. Jones, auditor of the M. & B.. excited much Interest on the streets of Macon. Uses Harpoon Whin Notified That Teddy Liked Mississippi Building. JACK0ON. Miss., Nov. 28. -Governor Varda man today received a telegram from President Francis, of tho World’ Fair, stating th.it President Roosevelt had visited and greatly admired the Mississippi building while at the fair Saturday. The governor wired a reply containing the following: “It Is of course gratifying to the poo. pie of Mississippi to know that they have done one thing that the present president of the United States ap proves. Doubtless the president’s ad miration of the Mississippi building Is due to his admiration of Jefferson Davis, of whpse last home' It ‘ replica.” '*'■ \ * 1♦ t ♦ ♦ ♦ ♦ ♦ * ♦ ♦ ♦ F*+ DRY DISCHARGED report of his physicians which was the opening of court today, that he v In no condition to return to his duties, left Justice Da via no alternative but to discharge the Jury. During the fore noon, when It became almost certain that this action would be taken, a re port went around the court building that Mis* Patterson's counsel probably would make a strong offort to have the defendant released on hull. Their ac ceptance of the notice served by the prosecution, however, seemed to dls pose of that story. Miss Patterson appeared very much dejected as she was led back to the Tombs to await the beginning of the new trial. Run on Bank. KALAMAZOO, Mich.. Nov. 28.—Ex cited savings depositors of the fCalu- vr.asoo Havings Bank today today ere. ated a run on the Institution and drew during the day nbout $50,000 of their deposits. It Is said that the run was caused by the suit begun here Inst week by some of the heirs of the Penny Breese estate. Part of the funds of Jhe estate are kept nt the bank and the Institution i made defendant with the execii tors. This fact Is said to have been misunderstood by a number of savings depositors and twisted Into belief that the Institution was sound. “MAGNETIC WOMAN" Indiana, While Pilot Engine Proced- ind Roosevelt’s Train Was Pasaincj Lonely 8pot it was Stoned by Four Men, Who Were Chased by the Se cret 8ervice Men. Stoned by Four Msn. INDIANA POMS. Nov, 2*.—A apeclal to the News from Brazil, Ind.. says that while the pilot engine procedlng President Roosevelt’s special train was, passing a lonely place near Brasil to day, four men throw stones, break ing several windows. The engine was stopped Ind secret service men chased the men, but the stono throwers es caped. Roosevelt Promises. IIRBANA DEPOT; Ohio. Nov. At Richmond. Ind.. President Roose velt addressed a large crowd that had isernbled. The president said: “Gentlemen, I want you to feel that I very deeply appreciate the respon sibility put upon me by such a vote aa that of November 8, three weeks ago, nnd so far as In me lies. I will, with your help and with the help of those who represent you, do all I can to Jus tify your confidence.” (Cries of “We believe you” and cheers and applause.) At Pittsburg. PITTSBURG. Nov, 28.—The apeclal train bearing President Roosevelt to Washington from Ht. Louis arrived In Pittsburg tonight at 8:30 and departed ten minutes later. A largo and enthu siastic crowd was present at the union station. The president spoke briefly. A large squad #lf police and detectives wns lined un on either side of the train during Its stay In this city and every precaution was taken for the presi dent’s safety. not tin is Cotton Exchange today, a resolution was adopted protecting ngslnst the Issu ance of the monthly glnners’ reports In S leccmenl form. The resolution urged the apartment of statistics of the cen«us bu reau to Issue the reports in their entirety and Mked the co-operation of other cot ton exchanges throughout the country In a petition to the department to resume the former method of making the report public. Prior to the present “ Cave-in Kills Thros. HT. LOUIH, Nov. 28.—Ybrst twelve l.iboier* employed in digging a trench for water mains In Southwest Ht. l/)uls were buried today by a < In. The men were working dose to gether when without warning tons of Hay fell on them. A bursting water pipe caused the ravs-in. Those who escaped at once went to work with the hHp of others nnd in twenty minutes dug ou» rhre#- of their companions, all <Kad, Jbt wturns were Halims, department has Issued the reports only when replies from all the gtnners had been received and compiled. To Accept Another Position. DALLAS. Tex.. Nov. 26.—Judge T. J. Freeman, chief counsel for tho Texas and Pacific, has resigned to be come chief counsel for the Cotton Belt, with headquarters In Ht, !»uls. Judge Freeiran'e successor has not ytt beet) ftAAOU&ced* Had 8tear for Inspsotion. RICHMOND. Ind.. Nov. 28.—After a sojourn of two days In Ht. Louis, Pres ident Roosevelt Is now. speeding to ward Washington, where his special train Is scheduled to arrive nt 7 o'clock in. tomorrow. The president, Mrs. Roosevelt and all the members of tho party ate congratulating thomselves upon tho success of the trip, which was regarded by tpuuy with serimiH appre hension. President, Roosevelt bus ex pressed his perfect satisfaction with the arrangements made for his safety, • omfort and convenience. Throughout the experience in 8t.- Louis there was a notable ahaence of cranks who desired for various reasons to see tho president. One woman was taken In charge by the secret service men nt the Thompson residence last evening, but she made no trouble. Just before the train pulled out of the exposition grounds taat night a woman lending a Texan steer, wearing a pair of hor t ns with a spread of near ly four feet, approached the car. She wns stopped. “Try to lift ms” she sug gested to the officers. Sho waa not crasy, but prftved to be tho "Magnetic Woman,” who possesses the peculiar power of preventing anybody, how ever strong, from raising her from tho ground when she so wills. She had found the steer at one of the shows on the grounds and Imfi brought it along to show to the president. At the sug gestion of the officers, she led ht» cu rious pet away. At Indianapolis, where tfoe first stop was made after daylight today only n small c rowd had gathered on the sta tion platform. The president had not arisen and the people, although dis appointed at not seeing him made no noisy demonstrations. Rivers and Harbors. WASHINGTON. Nov, ,.~Th» ho,i«- rnmmllt— on river, and borbor* met today nnd decided to prepare a river nnd harbor* appropriation bill to bo prenented early In the comlnc nenaton of centre**. The committee al*o dl*- ruined the Quentton of Koln, to W11 - mlncton. N. C., to look Into the pro poned Improvements there, a to that effect havlnc been made * time ago. The committee will again tomorrow. Gen. Coney Bankrupt. COLUMBUS. O.. Nov. I».- C I Jacob Covey, of J!t. Vernon, one- leader of the '•Commonweal" army, to night Alert a p rwtnl p-tll t bank, rupn-y In th- r ' y: t. him llabllltle* *re given a* IMT.fl" him neaete consUt of I.MH share* of k In th* Coney Steel and Sllte.j. 1 Company. :u I an ui * tired not- ror III.*00. Tl- Co*' V Steel and * - Band c y l* i > la the ha;. ■4. receiver. . —