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TWICE A WEEK TELEGRAPH WEATHER FORECAST FOR GEORGIA—FAIR TUE8DAY, COLDER IN NORTHWEST PORTION; WEDNESDAY FAIR AND COLDER ,N THE INTERIOR: LIGHT TO FRESH SOUTHWEST WINDS. SHIFTING TO NORTHWEST. ESTABLISHED IN 1826. MAGOX, GA., TUESDAY MORNING, JANUARY 15, 1007. TWICE-A-WEEK, $1.00 A YEAR. SENATOR CLAY DEFENDS SOUTH FROM SLANDER WASHINGTON, Jan. 14—Taking . guilty ones." l>ut a brief time to pass the ieglsla- I Mr. clay held that a court martial tive. executive and Judicial appropria- I would have resulted. He insisted that tJon bill, carrying nearly thirty-on® , the evidence of the former eseap»ades million dollars, the Senate devoted the , 0 ,* this regiment, justified their dis- remainder of the day <o the Browns- | charge. ville riot. President Roosevelt's mes- i That the'- were not discharged as the •age, accompanied by many additional affidavits, and a cigar box of bullets and enrpty cartridge shells, was re ceived. read and ordered printed. The apeerh-makirg on the subj—ri then he- gan and contlt ued until 5:30 o'clock. Mr. Fcraker t- s.ring he was not going to make a speech, hut a few remarks," Observed that the testimony amounts to a great deal, “for the President tells os it is conclusive.’’ “Rut it doe- not remove the objec tion I have had from til. beginning of this proceeding. What 1 have been try ing to e nt.-nd for, and I hope i will h( pticr e-sful is to secure a hearing for the n.en charged with this s. tb.us crime. This te as the other v* wit! out any bod That Is the gist, nofwlthsta dent ha.s slid It, from pres:-': of the subject -a tgiio are charg Yburder. perjury tlrfiony has been taken is, behind closed doors, y representing the men. reason I shall not de- nding what the Pfesi- M to the character of tg frir an Investigation here especially the men i with the crimes of and conspiracy can he ! result of any of the previous offenses Mr. Tillman interrupted to say. was eviden. e that The President and the Secretary of War were ignorant of the character of the negro soldiers. "Wei! " ox iuimed Mr. C!.;y, "the Senator ought to congratulate him that he has acted at last." Mr. Clay placed himself emphatical ly on record as endorsing the Presi dent's action and said he believed he voiced the sentiment of a majority of the people of Ceorgia. Me. r?a. on bad the cleric reed a newspaper -lipping, announcing that it cited a precedent for the President's act. It roll of the dismissal of a om- pa-ny of the South Carolina natie guard by Senator Tillman, then Gov EXCESSIVE i? ^ASHIXGTOX, Jan. 14.—Today's in- vesn'eaTi p. by tli** In* erst at.- Commerce Comn iss’On into the block signal system !n un>‘ 0:1 the rJaitimoie and Ohio Rail- road, shoved tfej.t men engaged in the -ation of trains work an excessive number of hour.-: v, -uio-.:[ i sufficient pe riod of rest intervening. It was developed that no restrictions are placed upon the h->ur.- trainmen shall work, and that .. -v takt advantage of tilt- c labor for mar.v ho ns t,- ! WASHINGTON, charges against United States M was formerly To of State, were : committee on wn Prof. H. W. Ellir connection with a for tite further pro -Sensational a. D. Pierce, -tor to Norway, who Assistant Secretary ie before the House and means today by -. f Cleveland, O., in >aring on a resolution ■ction of fur seals on and nor. tiers for ' Mr ren.’f luring Tillni d< la thev i rtist f the in ex -Irig ft l-efi iirba li'iuf plait "b: n :e red imp; ehev r the the en- •iir- rltli in qi wa i hunt heard to ihe end that if th tnbiish any facts in their favor, they | may have an opportunity to do so." I Staring that he did not agree with ' the President in all he has done in I this case. Mr. Mallory, of Florida, di- ! grossed to call at'.-.ntion to what he ' regarded as the host illustration that j could he given of the incompetency ef thp negro to grapple with great , questions. His illustration was the criticism of the President by the ne gro mass meetir- at Boston A negro, be said, held the most lucrative Fed eral office in Florida, as collector of Internal revenue. The collector of cus toms at Savannah, On. was a negro, and the collector • f internal revenue of the Stale of Georgia was a negro and every one knew tne fight which the Senate had mi l" against Dr. Crum a negro made cnilestor of the port a'. Charleston. S. C. "Kut." added Mr. Mallory, "the pa triots of Boston, who probably are the best representatives of the colored race In fhis country, the most enlightened and highly educate!, .allow themselves to be carried aawy bv the passion of the moment, unable to look fairly and squarely at a proposition which should be Judged justly and honestly, forget that they are under great obligations to the President and send forth a de nunciation of the best friend they have aver had in that office. Thev allow passion to get the better of their judg ment on almost all occasions.” •Mr. Mallory believed the President ought not to have Included In his or der of discharge Ihe prohibition against future enlistment. He said he should rot oppose thp resolution of investi gation. Mr. Clay, of Georgia, said he took the floor to reply In brief to the sweep ing charge against the prominent peo ple of the South made on Saturday by Senator Patterson. An inJustW-e to his own State and other Southern States bad beer done, when the Senator from Colorado had said that the leading public men of the South were favor of Jnob and lynch law. He disclaimed any Intention to discuss the race ques tion. saying he did not want to mono polize ■ subject that belonged exclu sively "my good friend from South Carolina " (Mr. Tillman). This stirred Mr. Tillman to activity *tnd Mr. Clay was hotly questioned as he proceeded to defend the President on his Brownsville record. Mr. Till man insisted he could not get away from the fundamental principle that every man charged with crime should have a fair trial. "I say." he continued, "that the President has been derelict; he tran scended his authority and was untrue to the duties of his office in -not hold ing the troops in the army until he had exahusted every means to ascertain the tio; their uniform and bi them with the girls Mr. Bacon said h- Senator and the Pr right. Mr. Spooner said he would .have a very great contempt for himself if he could noi discuss the questions involv- ; ed without reference to the color of the ■ soldiers. Tt was. he said, only legal questions that could be involved. Mr. Spooner denounced the criticism which ; had bc-en made of the Twenty-fifth j Regiment, both by the latter of Sen ator Culberson protesting against send ing the negro troops to Brownsville, and by Senator Tillman. Mr. Tillman explained that he had not criticised the whole regiment. He added that there were many good negroes. As this seemed to surprise Mr. Spooner, Mr. Tillman aded that he had had good negroes working for hirn for thirty years, and he believed there were millions of good ones. "I do not hate the race," he added. "I simply feel that I am superior to it—that is all." "That is a question T decline to dis cuss.” retorted Mr.- Spooner. "In some ways the Senator is superior.” This eleelted from Mr. Tillman the explana tion: “When I say it. I mean that the white ■'race is superior to the colored race. Now. will the Senator under stand me,’” Mr. Spooner disclaimed any inten tion to discuss the race question, which he said was entirely outside the pres ent question. Senator Spooner was in the midst of a constitutional discus sion of the authority, of the President in the case when adjournment was taken. Mr. Spooner holds thait when the President exercises his powers as commander-in-chief of the army, the Senate has no jurisdiction to review his actions He also- contended that Congress has no power to legislate specifically to restore 'the soldiers dis charged in the present case, declaring that review can only be had by im peachment proceedings, which must originate in the House of Representa tives. Bacon’s .Incidental Remarks. Mr. Bavon remarked-lnoltfehtally that in all his experience In the Senate, he had never heard a doctrine' advanced which he regarded as more dangerous than the suggestion that the Presi dent has any power in the use of the army that cannot -be controlled by the law making power. Several Senators have indicated that they intend to discuss the question and the Brownsville debate is therefore likely to absorb the attention of the Senate for several days. The Presi dent's message will lie on the table, to gether with the exhibits, until the Foraker resolution for an investigation has been voted on and then will be re ferred to the committee on military af fairs ATLANTA, Ga., Jan. 14.-—Nearly two hundred prominent Hebrews, repre- : senting every section of tne country, ] gathered here .tonight for the twen- | tieih council of the Union of Ameri can Hebrew congregations. Devotion- I al exercises, conducted by Dr. Henry Berkowitz. of Philadelphia, and Rabbi Alfred Moses, of Mobile, Aia„ were held, the' feature being a sermon by Dr. Berkowitz. The first business ses sion of the council wit] convene to morrow morning, Samuel "Woolner, of Peoria, Ills., presiding. Addresses of welcome will be given by Governor Terrel] and Mayor Joyner, and suitable responses will be delivered. The coun cil will conclude its sessions Wednes day evening with a banquet. OHIO ON Till OF Professor Elliott stated was representing rnir.ent before The Hague In the settlement "f claims grow ing out of the seizure of the sealing ves sel J. Hamilton Lewis, by the Russian Government, on the charge of piracy, he also represented ’ the owners of the ves sels and even instituted action in the United States District Court of the Dis trict of Columbia, to insure the payment of his fee out of money awarded to the vessel owners. Representatives Champ Clark and John Sharp Williams questioned Mr. Elliott carefully about, the charg-. and said that it reflected so seriously upon the Admin istration that it may he looked into care fully. The chief purpose of Mr. Elliott in appearing before the committee, lie ex plained. was to have the United States annul the _Ier.se of 'he sealing privileges on the Pidbilof Islands, which it has North American Commer- tated to the eomrr.it- of the company per- hen they obtained the lease, as they swore they were not. en gaged in pelagic sealing. In support of this, he says, they equipped the Hamilton Lewis, iii charg.: of Copt. Ah-xanoer Mc Lean. which Prof. Elliott alleges was rightfully seized by the Russian Govern ment. This seizure was in 1901, and Mr. Elliott made the statement, that Pierce's activity in collecting a fee from the ves sel's owners was in ISOS. Chairman Paj-ne, of the committee! declared that the oom- mittee was not interested with what Mr. Pierce had done. Messrs. Clark and Wil liams protested that the committee was concerned with 'he charges against Mr. Pierce, and that they Intended to have the matter investigated. Mr. Payne said he could not see it that way. But it was a matter tile full commitee could decide. The question of an investigation of the charges made hy Mr. Elliott will he taken up later and there will be further hear ings on, the entire subject. 8 granted to the North i j) Si I cial Company. He st I 3 Jl I tee that the officers “ I *• j jured themselves win WASHINGTON. Jan. 14—The House spent most of today considering legis lation pertaining to the District of Columbia and proposed a number of bills, after which consideration for the mortifications’ appropriation hill was resumed. There xras considerable 1 debate regarding *the proper defenses I at the mouth of Chesapeake Bay and notice was given -by Mr. Maynard, of I Virginia, of an amendment providing j for surveys lookirg to that end. Taj i House pa iscri a lull amending the re- i vised statutes f the United States in | relation to the unnecessary whistling of vessel's in inland waters. The bill gives the supervising inspectors and the supervising Inspector general pow- I er of prohibition. Under the law as j it exists at present, the board is em- ! powered to make regulations, but with i no power of prohibition. Represetita- j five Bartholdt, of Missouri, introduced I a bill authorizing the secretary of the I i treasury to issue bonds in the sum of I ! $5,000,000 for the improvement of wa- I leeways. STEAMSHIP COMPANIES VIOLATE THE SHERMAN ACT NEW YORK. Jan. 14.—Violation of the Sherman act preventing combina tions In restraint of trade is charged In a suit against several steamship companies and their New York agents brought in the United States Circuit Court today by Thomas & Co., of this tlty, exporters. The plaintiff seeks re tires.-. in the amount of $46,6S0, three times the amount of damage* alleged. The case was heard before Judge Hough. The defendants, which are companies operating steamers to South Africa or agents of those iin.-s, are; Union Cas tle Mail Steamship Company. Cayser Jrvine & Co., Donald Currie * Co., the Pueknall steamship linas. Hansa Steamship Navigation Company, of Bremen, and Barber & Co., Norton & ^ton. and Flinch. Edie Co. The com plaint alleges that prior to 1898. all of the defendants excepting the Hansa Company, entered into a combination suppressing competition and securing a monopoly in steamship rates to Fouth Africa: that discriminations were made to certain favored shippers, ; known as "Loyal shippers." A circular was sent to the exporting I trade, it is charged stating that the defendants were to form a combination known as the "South Africa steamship lines." that shippers who did no; patron ise the combined lines exclusively would be compel! "1 to pay higher rates, and that rebates in the form of commissions would be paid to nil ioy- r.l shippers. The circular also de- MRS. LUCY C. CARNEGIE SERVED WITH PAPERS SAVANNAH. Jan. 14—Deputy United States Marshal Wilson has returned from Dungenness. the home of Mrs. Lucy C. Carnegie, on Cumberland Island, where he served her With pa pers in what is expected to develop in a suit for the land she now occupies as her country home. An effort is being made by Cornelius Stafford Williams, of New York, and Nancy Stafford Gassman. of Zurich. Switzerland, to perpetuate the testi mony of several aged witnesses. The plaintiffs claim that it is their inten tion to file suit for 7,740 acres of land on Cumberland Island, now claimed by- Mrs. Carnegie, as it was the property of Robert Stafford, who, they claim, was their father. The deputy was in formed that Andrew Carnegie is ex pected at Dungenness next week. FINDLAY. O.. Jan. 14.—The January panel of the Hancock grand jury, which has been in ses.tlon for the past week, reported this evening at 6 o'clock to Judge Schroth, who was temporarily oc cupying the bench of Judge Duncan. In the 'report are 530 separate indictments against the Standard Oil Company of New Jersey, the Standard Oil Company of Ohio, the Ohio Oii Company, the Buckeye Pipe Lines, tIt* Solar Refining Company, the Manhattan Oil Company. John D. Rockefeller, H. H. Rogers, Wesley Tilford. John D. Archibald. Frank Q. Barstow, W'm. Rockefeller and F. T. Cuthbert. They Se formally charged with being members of a trust for conspiracy against trade. There are 525 words in each indict ment, or a total of 282.975 words. Each case will be docketed separately, and the County Clerk and Sheriff's office will be swamped for some mortjhs to come. Sheriff Groves and his deputies will begin at once to serve a copy of the indictment on each of the defendants. Prosecutor David said that he purpos- edly held off action until the salary (aw with county officials became effective, as he did not wish to run. up a big cost bill, which would have resulted under the old fee system. "If Hancock County wins in each case, when they tribd. fines can be assessed aggregating $58.000.00u. When the report of the jury was filed. Prosecutor David, on his own motion, noilied the indict ments returned last September against John D. Rockefeller. M. G. Villas, J. M. Robertson arid H. P. McIntosh, the last three named being officials of the Stand ard Oil Company of Ohio.” UNITED STATES FIELD TRIALS IV TENNESSEE GRAND JUNCTION, Tenn., Jan. 14.—The United States field trials be gan here today and the first series of the derby participated in by twenty dogs was concluded. Six dogs were elected to take part in the second se ries, to be run tomorrow, which will be followed by the running of the All age stake. Notwithstanding the heavy condi tion of the grounds as a resuit -fff the recent rains, the sport today was of a high order. A number of prominent sportsmen are in attendance. The dogs selected to run in the series of the derby to morrow are: Masterpiece with Lottie Light: Mary J with Cree. and Muskingum Belle with Kings Rod. The events will probably continue for ten days. TAKEN FROM NEW YORK. Jan. 14.—The ballot boxes containing the ballots cast for mayoralty election in 1905 today were ordered by Judge Leventritt to be placed in the custody of the New York City Board of Elections.-"He vacated the order granted by Justice Hendrick which gave the boxes into the cus tody of Attorney General Jackson. Justice Leventritt issued the new or der after a hearing on an application by the Board of Elec tions. The boxes were originally placed in the care of that board by order of Justice Gaynor on application of W. R. Hearst, the de feated candidate for Mayor -in 1905. When Attorney General Jackson began his action on January 7 to oust Mayor McClellan from office, he secured an order from Justice Hendrick giving him the custody of the boxes. Mr. Jackson alleged that the ballots were unsafe in the hands of the Board of Elections. Custody of them is a poipt in the effort' of Mr. Hearst to secure a recount. Justice Leventritt in his de cision vacating the order said: “In my opinion the Court should not continue an order which interferes with the election laws. These laws pro vide that the boxes should be in the custody of the Board of Elections. As suming. however, that the Court has the power to interfere, I fail to find any facts in the papers to justify such action. If the Court were notified that the ballot boxes were in jeopardy the Court might then be called upon to make an order, but no such evidence is before me. and the order to im pound should be vacated and it is here by vacated." LITTLE ROCK. Ark., Jan. 14.—A dead lock in the House of Representatives, where a Speaker is being selected, the unanimous choice in the Senate of John Ike Moore, of Philips County, for pre siding officer, and :t denial of a voice in the Senate caucus to Reuben R. Adam were the features of the first day of the Thirty-sixth State Legislature, which convened at noon today. There were six candidates for Speakership, and after eight ballots were taken. A. H. Handler led the field by a small margin. Senator Reuben R. Ad ams. under whose testimony Senator Fes- tus C. Butt was convicted of bribery and sent ffo the penitentiary, was forced to retire from the caucus this morning or meet an issue in the form of a vote on a motion of expulsion. He left and did not return to take a part in the regular ses sion at noon. Senator Adams testified in a recent investigation that the Sena tor gave him $100 for his vote in the last Assembly on the - State capitol bill. BONAPARTE’S FIRST ACT AS ATTY. semi-annual i The learned mantis i; is claimed, statement of proof of such "loyalty.” In 1901. :t is asserted, the Hansa line came into the agreement. The plain tiff and other exporters were forced by such conditions to pay excessive r9tes. amounting to $1,500,000. Re bates or commissions were paid semi annually. It Is alleged. LEE REID SHOT AND KILLED JOE HACKNEY AT CEDARTOWN, i CEDARTOWX. Ga.. Jan. 14.—Lee Reid, aged about eighteen years, shot and killed Joe Hackney, about thirty years old, Saturday night on West ave nue, this city. Only one shot was fired by Reid, it entering the heart and causing instant death. THE STATE ENTOMOLOGIST SAYS FRUIT CROP SAFE. ATLANTA. Jan. 14.—As vet the peach crop in Georgia is not in seri ous danger. Such is the opinion of State Entomologist R. 1. Smith, who has returned from an inspection of orchards near Sparta and Fort Val iev, the great Elberta peach section. Prof. Smith says that the buds have swollen very little, and that the big gropers of that section are not apre- herslve now. The danger lies, however, in a con tinuance of prevailing weather for a week or ten days. That would send the dormant life coursing through the trees ami swell ihe hud* so that se ver chid or frost would annihilate the crop. the killing eannot be Both parties had been to a dance, and it was probably there that the trouble began. It is stated that there were seven eye witnesses to the killing, but none seem to know the cause of the difficulty. It is said that Reid and Hackney were in company, with the seven men. and they stepped out from the crowd and in a few mo ments Reid had find the fatal shot. Reid immediately skipped out, and at present has not been found. A strange coincidence in connection with the killing is that Reid's father i fell at the hands of Will Carter on '• practically the same spot some months ago. GERMAN-AMERICANS DISCUSS IMMIGRATION MATTERS BALTIMORE. Md.. Jan. 13._Thc exec* utive committee of the National German- American Alliance of the United States reel here tonight, there being present e-'-legates from Maryland. New York. Ohio, the District of Columbia. Pennsyl- vania. West Virginia. New Jersey. Mas- I sachusetts and North Carolina, for the I purpose of discussing the immigration I question, and a memorial was adopted j for presentation to Congress, protesting against the immigration bill now pending In that body. This memorial, which has I been gi’,'on the sanction of me executive ■ committee of the alliance in 22 Sta-es. j condemns 'he bd! in question, declaring I against the educational test proposed 1 v i the bill, and recommends "the creation of i a competent commission, whose duty it j shall he to thoroughly invetsigate and consider the subject of immigration, and report and made recommendations, and I tue President and Congo-f? of the Unit State s of such chango< and additions the law as will fnllj and fairly meet eve requirement." ST. PETERSBURG. Jan. 14.—Pre mier Stolypin and Minister of Justice Ch-tcheglovitoff have been appointed members of the council ' of empire. They retain their present posts, how ever. An imperial rescript addressed to M. Stolypin expresses the hope that the ministry "‘ill he at its post after the convocation of the new parliament. It refers to the premier’s difficult task of restoring' public order, and praises his energetic action which effected a dis tinct improvement, “Despite foolhardy efforts and continual crimes by revo- lutlonarics.” The Dmpemr then refers to bills pre pared by the Government for submis sion to Parliament and measures which are considered so absolutely necessary that they already have been i put into force before the meeting of j Parliament. In conclusion! Emperor Nicholas thanks Premier Stolypin and the members of his ministry for their services and says that only in the co operation of the new legislative bodies witfi the Government can he see a guarantee for lawful order and the strengthening of the forces of the State with the necessities of the new life to which Russia is called. WASHINGTON. Jan. 14.—Attorney General Bonaparte today presented to the Supreme Court of the United States a motion to require Sheriff Shipp, of Hamilton County, Tenn^ and twenty-six other persons charged"w’th “ contempt of that Court on account of the lynching at Chattanooga last March of the negro Ed Johnson, to appear and give bail. The motion was the first made by Mr. Bonaparte as Attorney General. Mr. Bonaparte also presented a motion providing that the Court shall “take testimony as to the complicity of the defendants and to examine, under oath to be adminis tered by the Court, a.av witnesses oi- dered to' be summoned in oenalf of the Uqited States or of the defendants, subpoenaed therefor to 'be issued by the clerk of this Court, with full rights of cross-1X-m 1 riaf.r-n and objection to the admission of evidence and the com petency of witnesses to counsel for both parties.” The evidence is to be taken in open Court, "unless it shad appear to the Court appropriate to oppiint a com missioner or examiner to receive and record the same and then to report such testimony, wlih any exceptions thereto made as aforesaid, forthwith to the Court.” Motion? were made in behalf of the defendants directing '.he Government to j- vide for the. payment of the ex penses in the cate and it: bhnli of he Cartwright brothers, two of the men under prosecution, that the bail in their cases be fixed “in proportion to their poverty.” The Court took all the motions un der advisement. VT IE MADE . RECEIVER OE MILL BROWNSVILLE SH00T-\JP PUT IN LEGAL SHAPE o . I . WASHINGTON, Jan. 14.—Today | moreover, the bullet? picked out of ths President Roosevelt sent to Congress I buildings show the markings of the a special message regarding the J four so-called "lands” \\hich come frojn Brownsville incident, which gives the J being fired through the Springfield, additional evidence collected by Assist- I but not through the Winchester, the am Attorney-General Purdy and Maj. | latter showing six. The bullets which. Blocks am, who were sent to Texas by I herewith submit, which were found the President to investigate the affair. J in' the houses, could not therefore have The President submitted with his mes- j been fired from a Winchester or any sage various - exhibits, including maps other sporting rlrle. although the ran- of Brownsville and Fort Brown, a ban- ridges might have been pnt inlo [ doler. 3.1 empty shells, seven ball cart- i ridges, picked up in the streets a few hours alter the -shooting; three steel- jacketed bullets and some scraps of the casings of oflher bullets picked out of the houses into wliich they had been fired. The President declares that the evidence is positive that the outrage of August 13 was committed stbilitv by some of the colored-troops that have been dismissed and that some or all of the individuals of the three com panies of the Twenty-fifth Infantry had knowledge of the deed and have shield ed the guilty ones. The negro troops are referred to by the President in his message as "midnight assassins.” and he declares that very few if any of the soldiers dismissed “without honor" could have been ignorant of what oc curred. That part of the order which I bars the soldiers from all civil etnploy- i mem under the Government, Is re voked by the President. This clause the President says, was lacking in val idity. T4ie discharged troops, how ever. will be forever barred from en listing in the army or navy, and as to this the President says that "there is no dou'bt of my Constitutional and legal power." Secretary Taft's report giving the sworn testimony of wit nesses, is transmitted with the mes sage. The testimony of fourteen eye witnesses is given and the President declares that the evidence is conclusive that the weapons used were Spring- field rifles now used by United States troops, including the negro troops who were in the garrison at Brownsville.. The President’s message follows: To the Senate: In my message to the Senate treating of the dismissal, without honor, of certain named mem bers of th» three companies of the Twenty-fifth Infantry, I gave the re ports of the officers upon which the ..... dismissal was based. These reports deerec the testimony of those who thus ■Winchester model of 95. The bullets might have been tired’ from o Krag. but tite cartridge's would not have gone into a Krag. Taking the shells and the bullets toa-Aher, the proof is con clusive that N^cUnew Springfield rifle was the weap'imS^^l by the midnight assassins, and njJRf not by any pos- liave been any other rifle of any kind-in the world This of itself establishes the fact that the assailant! were United States soldiers, and would he conclusive oil this point if not one soldier had been seen or heard by any residents in Brownsville on the night in question, and if nothing were known save the finding of the shells, clips and bullets. Fourteen eye-witnesses. namely, Charles R. Chase, Aniado Martinez, Mrs. Kate Leahy. Palerno Precis do, Ygnacio Dominguez. Macedonio Rami rez. George \V. Rend,ill. Jose Martinez, J. P. McDonald. V. II. A. Sanborn. Herbert Elkins Hale Odin. Mrs. Hale Odin and Judge Parks, testified that they saw the assailant, or some n f them, at varying distances, and that , they were negro troops, most of the witnesses giving their testimony in , such shape that there is no possibility nf their hairing been mistaken. Two other witnesses, Joseph Rodin and Genero Padron, saw some of the as sailants and testified that they were soldiers (Pip only soldiers in tlin neighhorh 'od being the coioder troops). Four other witnesses. namely, S. C. Moore. Dr. Thorn. Charles S. Canada and Charles A. Harninnd. testified to hearing tile shooting and hearing the voters of the men who were doing it. and that their voices were those of negroes, but did not actually see the • men who were doing the shooting. About 25 other witnesses gave testi mony corroborating to a greater or less were made in accordance with the cus tom in such cases; for it would, of course, be impossible to preserve dis cipline in the army save by pursuing precisely the course that in this case was pursued. Inasmuch, however, a.? in the Senate, the question was raised j from the garrison, and this as to the sufficiency of the evidence. I of theirs would be amply su UNION BOILER MAKERS STRIKE AT NORFOLK. VA. NORFOLK. Va.. Jan. 14.—Tite union bailer makers of Norfolk struck today demanding ar. increase of $2.75 to $3.00 a day with a reduction of from nine to eight hours per day. Work is generally tied up, but some non union men are at work. An effort is being made to get boiler makers front Newport News, and Baltimore to take .the places ol the strikers. SOUTHERN COTTON ASS’N. TO MEET IN BIRMINGHAM. BIRMINGHAM. Ala.. Jan. 13.—The annual convention of the Southern SCHEME TO DEFRAUD DOCTOR OF FIVE THOUSAND DOLLARS. WASHINGTON. Jan. 14—What is charged t > be a scheme defraud Dr. Thomas J. Kerns, a Washington phy sician. out of $5,000, led to the arrest today of Frank F. Hoenar.s, of Paris, France, and David T. Tanner, alias GREENSBORO, N. C., Jan. 14- Judge Boyd, in the United States Cir cuit Court here today, appointed Cae sar Cone, the cotton mill magnate of this city, receiver for the O'Dell Manu facturing Company, a big cotton mill at Concord. N. C. The complaint ask ing for the receiver was filed by King & Kimball, attorneys for the Conti nental Color and Chemical Company of New York, on behalf of this com pany and other creditors. The liabil ities are given at $500,000, and assets estimated at $1,000,000. This action is a direct result of tie failure Friday of the three big mills at Bessemer City, in which stockholders of this company are interested. The receiver is authorized to continue the opera tion of the mill. The purpose of the officers is to reorganize the company as soon as possible. The company has been in bad condition for some time. The haif-miljion of liabilities is due principally to North Carolina banks, corporations and a few private individuals. Mr. Cone will at once be gin the work of arranging to meet th.e company's liabilities. deerped it wise to send Maj. Blocksom and Assistant to the Attorney-General Purdy to Brownsville to make a thor ough investigation on the ground in reference to the matter. I herewith transmit Secretary Taft's report and the testimony taken under oath of the various witnesses examined in the course of the investigation. I also sub mit various exhibits, including maps of Brownsville and Fort Brown, pho tographs of various buildings, a letter from Judge Parks to his wife, together with a bandoler, 33 empty shells, seven steel cartridges • and four clips picked up in the streets of Brownsville within few hours after the shooting; three steel-jacketed bullets and some scraps of the casings of other bullets picked out of the houses into which they had been fired. A telegram from United States Commissioner R. B. Creager, at Brownsville, announces that six addi tional bullets—like the others from Springfield rifles—taken from build ings in Brownsville, with supporting affidavits, have since been sent to the Secretary of War. It appears from the testimony that on the night of the 13th of August, 1906, several crimes were committed by some person or persons in the city of Brownsville. Among these were the following: (A) The murder of Frank Natus (B) The assault with intent to kill the lieutenant of police, Domingues. whose horse was killed under him and whose arm was shot so severely that it had to be amputated. (C) The assault with intent to kill Mr. and Mrs. Hale Odin and their little boy, who were in the window of the Miller Hotel (D) The shooting into several private residences in the city of Brownsville three of 'them containing women and children (E) The shooting at and slightly wounding, of Preciado. These crimes were certainly, com mitted by somebody. As to the motive for the commission of the crimes, it appears that trouble of a more or less serious kind had occurred between in dividual members of the companies and individual citizens of Brownsville, culminating in complaints which re sulted in the soldiers being confined within the limits of the garrison on the evening of the day in question. The evidence, as will be seen, shows beyond any possibility of honest ques tion that some individuals among the colored troops whom I have dismissed committed the outrages 'mentioned; and that some or ail of the other in dividuals whom I dismissed had knowledge of the deed and shielded from the tew those who committed it. The only motive suggested as possibly influencing any one else was a desire to get rid of the colored troops, so strong that it impelled the citizens of Brownsville to shoot up their own houses, to kill one of their number, to assault their own police, wounding the lieutenant, who had been an officer for twenty years—all with the purpose of disci editing the negro troops.' The suggestion is on its face so ludicrously impossible that it is difficult to treat it as honestly made. This theory sup poses that the assailants succeeded in obtaining the uniform of " the negro soldiers: that before starting on their the shooters or heard them. 1 testimony of tho*o eye and ear-wit nesses would establish beyond all pos sibility of contradiction the fact that the shooting was committed by ten or fifteen or more of the. negro troops testimony fn~'oilf in tself if not a cartridge nr a bullet had been found: exactly as the bullets and cartridges that were found would bate established the guilt of the troops even* had not a single eye-witness seen them or other witness heard them. The testimony of the witnesses and the position of the bullet holes show that fifteen or twenty of the negro troops gathered inside of the fort attd that the first shots fired into the town* were fired from within the. fort: some of them at least from the upper gal leries of the barracks. The testimony further shows that the troops then came out over the walls, some of them perhaps going through the gate, and advanced a dis tance of 300 yards or thereabouts_iuts the town. During the advance they shot into two hotels .and some nine or ten other houses. Three of the private houses into which thtty fired contained women and children. They deliberately killed Frank Natus, the bartender, shooting him down from a distance of about 15 yards. They shot at a man and woman. Mr. and Mrs. Odin and their little boy. as they stood in the window of the Miller Hotel, the bullet going less than two inches from the head of the woman. They shot down the lieutenant of police, who was on horseback. killing his horse and wounding him so that his arm had to be amputated. They attempted to kill the two policemen who were his com panions. shoting one through the hat They shot at least eight bullets into the Cowen House, putting out a lighted lamp on a dining room table. Mrs. Cowen and her five children were ha the house: they at once thrmv them selves prone on the floor and were not hit. They fired into the Starck House, the bullets goinfe through the mosquito bar of a bed from IS to 20 inches above where their children were sleeping. There was a light in the children's yoom. The shooting took place near midnight. The panic caused by the utterly unexpected attack was great. The darkness, of course, increased the confusion. There is conflict of testi mony on some nf the minor points, but every essential point Is established be yond possibility of honest question. The careful examination of Mr. Purdy, assistant to the Attorney-General, re sulted merely in strengthening the re-* ports already made by the regular army authorities. The shooting, it api- pears. aecupied about 10 minutes, al though it may have been some minutes more or less. It is out of the*question that the fifteen .or twenty men en gaged in the assault could Mve gath ered behind the wall of the ^rt. begun firing, some of them on the porches of the barracks, gone out into the town, fired in the neighborhood of 200 shots in the town and then returned—the total time occupied from the time of the first shot to the time of their re turn being somewhere in the neigh borhood of ten minutes—‘without many of their comrades knowing what they had done. Indeed, the. fuller details as established by the additional evidence taken since I last communicated with the Senate make it likely that there were very few, rif anv of the soldiers dismissed who cauld have been ignor ant of what occurred. It is well nigh impossible that any nf the non-com- missioned officers who were at the Cotton Association will be held here j Townsend, of "White Plains. New York this week. The executive commit: meeting Wednesday and Thursday, and the convention proper wiil hoid ses sions Thursday. Frida j' and Saturday. It is estimated etonigh: that the at tendance wiil be between 5,000 to S.0O0 every State in the South will have rep resentatives present. President Har- v:e Jordan arrived from A.tlanta to night and rhe other officer? and mem ber. 1 of the executive committee ar* expected tomorrow. The city is being (profusely decorated. on tiie charge of conspiracy. Dr. Kemp reported to the police that Tanner had made a proposition to him to enter into a dea! in which they assured him by investing $5,000 he could easily win from $200,000 to $300,000 in one week. Kemp did not pu' up any money. Tan ner. who claimed to be manager of a gambling house, was "To tip Homans and 'he physician off on the run of the cards a faro rente.” Both men were locked up. They deny charges. A RUSSIAN BUDGET RUNS EXPENDITURES TO $1,250,000,000. ST. PETERSBURG. Jan. 14.—A communication issued by Minister of Finance Kokovsoff, says that the bud get proposals will be submitted to Par liament and the council of the empire March 5. The total ordinary and ex traordinary expenditures for the cur rent year, based cn the budget for 1996. were fixed roughly at $1,250,000,000. The total expense is increased by $32,250.- 000. The ordinary receipts are esti mated at $1,087,500,000. or are expected to show an increase of $73,500,000 over those of 1906. The ordinary expendi ture is put down at $1,086,500,000. or an increase of $70,500,000 over 1906. The total extraordinary expenditure far 1907 is estimated at $149.300 000 to raid they got over the fence of the fort barracks should not have known what unchallenged, and without discovery by j occurred. the negroo troops, opened fire on tne town from within the fort: that they blacked their faces so that at least fourteen eye-witnesses mistook them for negroes: that they disguised their voices so that at least six witnesses who heard them speak mistook their voices for those of negroes. They were not Mexicans, for they were heard by various witnesses to speak in English. The weapons they used were Springfield rifles: for the ammunition which they used was that of the Sprinfieid rifle and no other, and could The additional evidence thus taken renders it. in my opinion, impossible' to question the conclusions upon which my order was based. I have gone most carefully over every issue of law and fact that has been raised. I am now satisfied that the effect of my order dismissing these men without honor was not to bar them from all civil employment under the Government, and therefore'that the part of the or der which consisted of a declaration to this effect was lacking in validity, and I have directed that such portion be meet what loan operation Is contem- the j plated, the magnitude of which depends ) Chester of the 95 model—but it will , <»n the revenue of ISOS’* rarely if ever go off when in, and. not have been used in any gun in ! revoked. As to the rest of the order. Texas or any part of the Union or in j dismissing the individuals in question Mexico, or in any other part of the | wirhopt honor, and declaring the effect world, save only in the Springfield I of such discharge under the law and now used by the United States troops, j regulations to be a bar to their future including the negro troops in the gar- j enlistment either In the army or the rison at Brownsville, and by no other j navy, there is no doubt of my Consti- persons save these troops—a weapon I tutional and legal power. The order which had only been in use by the I was within my discretion, under the United States troops for some four or j Constitution and the laws, and cannot five months prior to the shooting in 1 he reviewed or reversed save by an- question and which is not in the pos- | ether executive order. The facts did session of private citizens. I not merely warrant the action I took— The cartridges used will go inio one ! They rendered such action imperative other rifle used in the United States ! unless I was to prove false to my when specially chambered—the Win- j s’"crn duty, rf any one cf the men discharged hereafter shows to my tain Continued on Pdflo Eight, INDISTINCT PRINT