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THE MORNING NEWS. Established 1850. .- - Incorporated ISSB J. H. ESTII.J President. 111111 Allies Believed To Be Only Fourteen Miles Off. MAKING A RAPID ADVANCE. They Were Thirty-eight Miles Away Last Thursday. MARCHING SIX MILES A DAY Chaffee’s Brief, But Very Im portant Dispatch. Wired That the Force Readier Ho- Sl-Wu on Thiirnclay-Thiit Place la Eighteen Miles Beyond Vans Taun, and the Distance Was Covered in Three Days—No Report of Rewint tufp—At That Rate the Allies Should Soon Reach the Chinrne ( upital. W ashingiton. Aug. 13.—The American commander n China, in a dispatch of just three words, received at the War De partmen*t lato this afternoon, sent a thrill of exultation and expectancy throughout official quarters by announcing his ar rival at Ho-Si-Wu, only thirty-eight miles from Pekin, last Thursday. The last heard from him before this was at Yang Tsun, which had been cap tured after a hard fight, and word of his movement since then had been eagerly awaited. Thursday he was eighteen miles beyond Yang Tsun. Lang Fang, the place where the ill-fated Seymour ex pedition met its fate and turned hack, h:id been left behind. The battle of Yang Tsun was fought on (he 6th, and the advance to Ho-Sl-Wu was accomplished on the 9th—a march of eighteen miles in three days. This was four days ago. and at the same rate of progress, Chaffee is even now fairly with in striking distance of the walls of Pe kin. It was a consummation which the war department has awaited calmly, and stir ring as the news was that the American force was now nearing the gates of the Imperial City, Secretary Root and Adju tant General Corbin evinced no surprise, as it accorded with calculations, al though the advance has been more rapid than was expected. The despatch from Chaffee, conveying so much in so few words, i3 as follows: "Che Foo. Aug. 11.—Adjutant General. Washing on. Tenth arrived Hcspiwu tHo-Si-Wu) yesterday. “Chaffee.” Should Be Nenr Pekin. Word of the advance soon spread throughout official quarters. In the en thusiasm of the momtnt a report got alKnit that this was the day for the ac tual arrival at Pekin. But the war de partment had not a word of the advance beyond Ho-Si-Wu. It was deemed hard ly likely that the march to Pekin could have been made since, last Thursday. At the rate of progress, six mi'es a day. made from Yang Tsun to Ho-Si-Wu, about twenty-four miles would have been covered in the last four days, and up to to-day. This would still leave the inter national forces fourteen miles from Pe kin. Viewed from any standpoint, the ad vance to Ho-Si-Wu was of the utmost importance, not only strategically, but a'.so in showing that communication was open back to Che Foo, that the expected opposition from Chinese hordes had not baen sufficient to prevent the steady for ward movement and in the influence it would exert upon the Chinese govern ment. Brief ns the dispatch is, It conveys much information beyond that specifical ly contained in its few words. Although it is not stated what force has arirved, the War Department accepts it to mean thnt this is the international force which first took Pei Tsang and then Yang Tsun. It has gone steadily forward along the left bank of the Pei Ho river, keeping on the main road, which skirts the river bank. At Yang Tsun the railway crosses the river and branches off to the west. Now the forces have left the railway far in the rear, and are depending upon the highway and the river. Ho-Sl-Wu Is n Large Town. Ho-Si-Wu is a place of considerable bz*\ und the largest town between Tien Tsin and Thing Chia Wan. The latter place and Tung Chow are the iwo cities of 'onsiderable size in the line of advance after leaving Ho-Si-Wu. It is surround ed by orchards and gardens, and it not * place likely to have afforded opportu nity for strong defense. It is the high point on the Pei Ho river, where the fiver water is depended on as the native wells are the source of supply on the bal ance of the route to Pekin. As it haw taken four days for Gen. Chaffee to report the advance to Ho-Si- Wu, it is evident that wire communica tion is not open to the front. This was hardly to be expected, and the safe ar rival of the message at least, shows that ° certain measure of communication is open. of the chief aourcea of congratula among officials is that the fancied hordes of China have not materialised, or af leaat have not prevented the Interna tional column from drawing clone to the of Pekin. Bnortiy after thia dispatch arrived, an ther message from Gen. Chaffee, far Jlatoaitnal) (Unfnina Meto& more lengthy, gave the melancholy re sult of the light at Yang Tsun. The casualty list was given in detail with the additional information that the dead had been buried at Yang Tsun, and that the wounded had been sent back to the hos pital at Tien Tsin. Our Stand Is Firm. The reply of the United States govern ment to China’s overtures of peace was made public early in Ihe day. showing (he firm and final poeition that had been taken. While expressing satisfaction at this pacific step, the reply states that it is evident that “there can be no gen eral negotiation between China and the Powers," so long as the ministers and legationers are restrained and in dan ger. Then follows a specific statement of what the United States expect as a condition precedent to a cessation of hos tilities, viz: that a body of the relief force be permitted to “enter Pekin unmo lested.” and escort the ministers back to Tien Tsin. It developed during the day that the reference to “the Powers” employed in ihe American reply, was not without a distinct meaning. Exchanges between the \arious Powers have been going on con stantly, and as a result the officials had the satisfaction of knowing late in the day that the position of the United States had the approval and support of all the great Powders. While this had not been expressed in any formal manner by all the parties, yet the exchanges in the chancelleries of Europe, and through the foreign representatives in Washington, had made it positive that the Powers were acting unitedly in approval of the course of this government. (lussln's Attitude Is All Right. Several of the foreign representatives, including Baron Speck von Sternberg, the German charge d'affaires, and M. De Woliant, the Russian charge d'affaires, had extended conferences with Mr. Adee during the afternoon. These added to the assurances of unanimity among the Pow ers. The presence of the Russian repre sentative was gratifying itv clearing away some misapprehensions, which was not shared by the government here, as to Rus sia's course in authorizing* M. De Giers to leave Pekin under Chinese escort. It was pointed out that this in no way brought about a difference between the attitude of Russia and that of the other powers, as all were acting on the theory that the Chinese government must first give an absolute guarantee for the safety of the ministers. It seems evident that this absolute guarantee cannot be given by Chira.ur.less it allows the international forces to enter Pekin, eo that in effect the Russian position does not differ ma terially from that of the other powers. At least Russia is included among those who fully approve the course taken by the United States. MINISTERS NEED RELIEF. London Di.pafch Says Americans Lout Sine Killed and Sixty-two Wounded at Vann Tsun. London, Aug. It, 3:50 a. m.—The British consul a't Canton, says the Daily Tele graph’s correspondent there, has receiv ed the following message, dated Aug. 6, from Sir Claude MacDonald, British min ister In Pekin: 'Our situation here is desperate. In ten days our food supply will be at an end. Unless we are relieved a general massacre is probable. “The Chinese offer to escort us to Tien Tsin; remembering Cawnpore, we refuse the offer. There are over 200 European women and children in this legation.” The Shanghai correspondent of the Daily Express, wiring yesterday, says: “The allies at noon Saturday were with in twenty miles of Pekin.” As Gen. Chaffee's report, which is tlje only authentic news received here regard ing the advance, located the international forces about forty miles from Pekin on Eriday, it seems probable that this Shang hai report is optimistic. It Is scarcely likely that the allies could advance twen ty miles In as many hours. American Losses at Yana: Tsun. A Yang Tsun dispatch, dated Aug. 7, giving details regarding (he capture of that place, says: “The Russians and French heid the left, the Bri'ish the left center, the Amer icans lhe right cent r, and the Japanese the extreme right. The British and Amer icans advanced on the village at a rapid rate for 5.000 yards und r a severe shell and rifle fire. The Russians opened and the Brltish-Amerlcan advance became a race for positions, culminating in a bril liant charge. “The heaviest loss of the day was sus tained by the Americans, the Fourteenth Infantry having nine killed, sixty-two wounded and several missing. Tne Ben gal Lancers unsuccessfully attempted to cut off the Chinese retreat.” Another Yang Tsun special says: “Owing to a mistake. British and Rus sian guns shelled the Fourteenth United Stales Infantry during the night, wound ing ten.” Commenting upon this occurrence, the Standard says: “It is melancholy to learn that the losses of the Americans, who seem to have born themselves with conspicuous gallantry, were Increased by a. deplora ble error, in consequence of which one of their regiments was pounded by Rus sian and British cannon. The incident emphasizes the necessity of that close co operation which Is not easily obtainable without a single commander and a gen eral staff.” Official advices from Yokohama, dated yesterday, say that the allies proposed to advance on Aug. 7 to Nan Tsi Tsun. be tween Yang Tsun and Wu Sing. The Japanese suffered no casualties at Yang Tsun, tut the effl ill re. o ts sty they had three hundred at Pel Tsang The Dslly Mall’s St. Petersburg corre spondent. declares that the taking of Au gln has sealed the fate of the rising tn Northeastern Manchuria. He adds: “No prisoners were taken by Ihe Rus- AContinued on Fifth I'age.J , SAVANNAH, GA„ TUESDAY, AUGUST 14, 11)00. MUST LET TROOPS IN government oe>ia yds their en try INTO PEKIN AS AN ESCORT TO MINISTERS. THE ONLY CONDITION FOR CESSA TION OF HOSTILITIES. Fear* Exprfmeil That China Will Rink All Rather Than Permit the Foreign Troop* to Enter the Saerei! City—Neverthele** No Pence Nego tiation* Will He Entered Into Un til Cliiiia lln* A**ented to and Com plied With Tlii* Condition. Washington, Aug. 13.—1n language, whose meaning can neither be miscon strued nor mistaken, this government has set forth as the sole condition on which it will treat wiih Li Hung Chang for a cessation of hostilities, that a sufficient body of the forces composing the relief expedition shall be permitted to enter Pekin unmolested and to escort the ior elght ministers and residents back to Tien Tsin. The arrangements for this disposition of troops and everything connected with the movement must, according to the an nouncement of this government, be under the supervision of the generals command ing the forces of the relief expedition. This brings the situation to a point where China is informed that there is but one thing for her to do and that she must do this quickly. There is to be no wast ing of time in diplomatic discussions or in the consideration of minor details. When China acts in accordance with the line of conduct here laid down, then and not until then will this government enter upon negotiations with the specially-ap pointed envoy plenipotentiary. All of this is clearly set forth in the repiy which Acting Secretary Adee has sent to the Chinese government through Minister Wu, and which was made pub lic to-day. This government gives formal expression of satisfaction at the appoint ment of Li Hung Chang, and adds its as surances of willingness to negotiate when the time comes; but at the same time, it lays down a distinct programme which China must follow as precedent to these negotiations. To Be No More Talking. According- to this, there 1# to be no more talk about placing the ministers under a Chinese escort. In the general condition* he laid down in hi# response to the Chi nese Emperor’s request for the friendly offices of thi# government, President Mc- Kinley contemplated co-openation between the Chinese authorities and the relief column. ir> bringing about the safe de liverance of the legation forces to Tien Tsin. In this last reply he show# how this must he done, that the relief forces must be permitted to enter Pekin unmo lested, nnd that the forces, presumably with the co-operation or under the pro tection of the imperial forces, shall per form the mission assigned to them with out being troubled. Then the time will come to talk of peace. In official and diplomatic circle# the vigor of the American reply i# generally commented upon. In some quarters there is a slight disposition to criticize. These critics seem to think that the same end could be brought about without the hu miliation to China incident to the march ing of foreign troops into the capital city. For the most part, however, the ten dency in diplomatic circles is to praise the reply and the belief is general that similar replies wiil be made by the other Powers. This, it is claimed, will have the effect of bringing the situation to an im mediate head. t liinii May Not Accent It. On the other hand there are some peo ple in high official position here, who are inclined to believe that some ort of lee way should have F>een left the Chinese government, by which they might have turned over their precious charge* to the allied forces without making the entry of the foreign troops into Pekin a neces sity. China, these people point out, has had experience with some of the nations which have calculated on getting their troops into Pekin for the purpose of en forcing demands for concessions of all kinds. It may be that rather than permit this, rather than accept the one condi tion laid down by President McKinley, they would prefer to riek everything. In this view of the case there are many people who regard the situation a# less favorable than they thought it yesterday oil the heel of the appointment of Li to conduct peace negotiations. It is almost certain that the Chinese will make a vig orous protest against thi# condition and will probably bring forward counter propositions designed on the fact at least to bring about the same end. MUST LET RELIEF FORCE IN. United State.’ Reply Give. Only Con dition on Which \Ye Would Stop llo.tllltle. In China. Washington, Aug. 13.—The Department of Stale to-day made public the reply of the United States government to Minister Wu’a communication, delivered on Sun day morning, notifying the department of the appointment of Earl LI Hung Chang as envoy plenipotentiary to negotiate with the Powers. This reply was sent to Min ister Wu at 5 o’clock Sunday afternoon, and la as follows: “Memorandum: Touching the Imperial edict of Aug. 8 appointing LI Hung Chan*, envoy plenipotentiary to conduct negotia tions. on the part of China, with the Powers, and the request for a cessation of hostilities, pending negotiations, com municated to Mr. Adee by Mr. Wu on Aug. 12, 19C0. “The government of the United States learns with satisfaction of the appoint ment of Earl LI Hung Chan* as envoy plenipotentiary to conduct negotiations with the Power* and will, on He part, en- ter upon such negotiations with a desire to continue friendly relations so long ex isting between two countries. "It is evident that there can be no general negotiation between China and the Towers so long as the ministers of the Powers and the persons under their protection rema'n in their present posi tion of restraint and danger, and that the Powers cannot cease their efforts for the delivery of these representatives, to which they are constrained by the highest considerations of national honor, except under an arrangement adequate to accom plish a peaceable deliverance. "We are ready to enter into an agree ment between the Powers and the Chinese government for a cessation of hostile dem ons t rat ions on condition thnt a sufficient body of the forces composing the relief expedition shell be permitted to enter Pe kin unmolested, and to escort the foreign ministers and residents back to Tien Tsin, this movement being provided fo? and secured by such arrangements and dispositions of troops as shall be con sidered satisfactory by the generals com manding the forces composing the relief expedition. "Alvcy A. Adee, Acting Secretary.” ‘‘Department of State, Washington, Aug. 12. 1900.” The text of this reply to the overtures communicated by Minister Wu was tel egraphed last night to the representatives of the United States for communication, to the governments of the Powers co-oper ating in. the relief movement. EXPRESS FED FOREIGNERS, Former Viceroy of Sliun Tong Nlmlc Attack on liCgntlonn. (Copyright by the Associated Press, 1900.) Tien Tsin. Monday, Aug. 6, via Shang hai, Aug. 12.—The army advanced twelve miles to-day. Two reliable couriers, who left Pekin A tig. 1, arrived to-day at Tien Tsin. They say that the Empress Dowager fed the foreigners for a few days. The former Viceroy of Shan Tung, who is bitterly anti-foreign, arrived with new troops, according to <he couriers, and planted two batteries on the wall near the legations. The enemy began shell ing and opened a heavy rifle fire, which wa# kept up for two days. The head of the missionary board, with a party, while trying to ge* provisions, was killed. The army took Yang Tsun to-day. They suffered heavily. The American loss was small. STRENGTH OF THE CHINESE. Force* Opposed to the Allies nt Pel Thaiik and Yang Tsun. St. Petersburg. Aug. 13.—The dispatch of Gen. Linevitch, commander of the Russian troops in the province of Pe Chi Li, to the Russian Minister of War, Gen. Kouropatkine, describing the capture of Pei Tsang and Yang Ttun, has been pub lished here, but adds little to the details already known. Gen. Linevitch estimates that the Chi nese at Pei were 25,000 strong. He says their left flank was mined and pro vided with bomb proofs. Their hurried flight prevented Ihem from destroying a bridge of boats; and this enabled the al lies to capture the whole camp, including thirteen guns. At Yang Tsun, Gen. Linevitch esti mates the Chinese force was about 20.- 000 men. The Russian losses were two officers and 116 men wounded. The report concludes: “Our troops are bivouacking at Yang Tsun, and are^in splendid health.” Russian official circles consider that the German papers misapprehend the real scope of the appointment of Field Mar shal Count von Waidersee. It is pointed out here that he will act merely as pres ident of the Council of Generals, to di rect and combine the operations of the different detachments, but without in any way weakening the independence of their respective commanders in executing strat egy arrangements decided upon in com mittee. I>E GIERS HUtTSKD TO GO. Tell, of China*. Urging Mini.ter. to Leave Pekin. St. Petersburg, Aug. 13.-M. De Giers, Russian minister in Pek n, reports in cipher, under date of Aug 4, as follows: “The Chinese government recently ap ple.d to us and to all the foreign repre sentatives in order to arrange the date and conditions of our Journey to Tien Tsin At the same time the Tsung-11- Yamen informed us that the foreign gov ernments had demanded from the Chi nese ministers abread our departure from Pekin under escort. We replied that we required instructions from our govern ments, without which we could not leave our posts. “I consider It my duty to point out, as indispcnsabl ■ to our Journty, that the al lied troops sent as an escort should be of sufficient force to protect 80> Europe ans. Including 200 women and children and fifty wounded. It appears that the Journey to Tien Tsin at the present sea son of the year is dangerous, owing to lack of means of communication. “All my colleagues hero ate sending similar telegrams to their governments. PI ase Inform “The families of the Imperial mission and the Russian colony are well.” WAS A TERRIBLE MISTAKE. Itu. .lnn. Fired on American, nnd Many Were Killed. New York, Aug. 13.—A special cable dts- I>atch to the Evening World to-day, dated Che Foo, Aug. 9, via Shanghai, says: “A terrible mistake occurred at the tak ing of Yang Tsun. Russian artillery open ed fire on the American troops. Before the mistake was discovered many Ameri can soldiers had been killed or wounded by the Russian shells. "The Fourteenth took part In the attack on the Chinese trenches. As the Chinese fled the regiment entered and occupied one of the Chinese positions. “A Russian battery, some distance off. did not notice the movement. It opened fire on the position and planted ahclls among the American troops. “The Russians were quickly notified and ceased their fire.” TICK MISSIOVtHir.S MURDERED. Reported 3,000 Converts Suffered the Saute Fate. Berlin, Aug. IJ.—Tho Catholic paper Ger mania says It learns that altogether, ten out of fifty missionaries In the Vicarate of Southwest Pe-Chs-Ll have been mur dered and that 2,<MO converts bavs suffered the same fate. POWERS BEFORE JURY TESTIMONY HAS BEEN CONCLUDED BY BOTH SIDES. JURY TAKEN TO FRANKFORT. WENT TO SCENE OF SHOOTING IN COMPANY W ITH COI HT. Argument* Will Begin To-rtny and Five Speech?* Will lie Made by Kuril Side—Yont *e y* Cn*e to Be Taken I p un Soon n* Power** Cone I* Finished—Only SI,OOO of Money Appropriated by Legl*lnture tlnn Been Spent. Georgetown, Ky., Aug. 18.—The hearing of testimony in the case of ex-Secretary of State Caleb I’owers was concluded to day, and to-morrow the arguments be fore' the jury will begin. There will be five speeches on each side. Those who will speak in behalf of the oroseoution are Commonwealth’s Attorney 1 raniklin, T. C. Campbell, John K. Hen drick, Victor F. Bradley and Capt. B. B. Golden. Those who will argue the case for the defendant will be ex-Gov. Brown, J. C. Hims, Judge J. H. Tinsley, ex-Con gressman Owens and Judge George Denny. The case is expected to reach the jury by Saturday. Judge Cantrill announced that the Youtsey case will be taken, up immediately. The jury was taken to Frankfort this afternoon and spent an hour in viewing the State Capitol grounds and buildings and other points in connection with the ease. The jury was In charge of Judge Cantrill and three, deputy sheriffs. The defendant, Caleb Power.*, also went to Frankfort. The point where Goebel fell, the win dow from which the shot is claimed to have been fired, the basement through which Youtsey walked out after the shoot ing and other places which have been fre quently referred to in The evidence, were pointed out by the court without com ment. Judge Cantrell announced that as soon as the arguments have been concluded and the case goes to the jury, the case against Henry E. Youtsey will he called for trial. The sheriff was ordered to sum mon a special venire of Jurors for the Youtsey cose. * B. W. Bridburn, a member of the re ward commission, testified that of the $5,000 drawn by the commission otil of the fund appropriated by the Legislature only about $4,000 had been expended, and said fjiat no money had been paid to any witness who had testified in the case, and that no agreement or contract existed be tween the reward commissioners and Wharton Golden, Robert Noakes, W. H. Culton or any other witness. James Walker, colored, corroborated the testimony of J. W. Dougherty that John Perkins, the porter of Adjutant General Collier’s office, had told them that the de fense wanted him to testify that he (Per kins) had carried the orders to the troops nt the arsenal calling them out, but that he did not intend to testify to It as it was not true. Culton*s Alleged Befnlentlon. The prosecution then rested its rebuttal testimony. Assistant State Audlti# Gra yot was called by the defense, whose cross-examination of the witness in re gnrd to the alleged speculation of W. H. Culton, while h was a clerk In the auditor’s office, was not completed at Saturday's examination. Grayot pro duced tho additional records asked for by the defense at that time. The prosecution insisted that. If the defense was allowed to produce the vouch ers and warrants 1n question upon which tho defense alleges he stole $1,148, Culton must be allowed to go on the stand in order to explain the transaction on his part. The court ruled the evidence out, and in passing on the question, said: "if there has been any defalcation on the part of Culton, the Franklin court is the placet to settle that. These records show that the money paid Into the treas ury by Auditor Stone, was marked us •errors In vouchers.’ This court has not the time to investigate whether they were errors or not.” Ex-Auditor Stone was then caller]. The court ruled that Stone could not testify at this stage of the trial, concerning the matter upon which he was queatloned, and the attorneys for the defense accom panied by the prisoner, withdrew for o consultation, and when they returned it was announced that the taking of testi mony had been finished. Held n Mglit Session. Tho Jury returned from Frankfort to night Commonwealth’s Attorney Franklin submitted to the court the Instructions which counsel for the prosecution thought applicable to the case. When Judge Can trill asked for suggestions from the de fense as to what should be Included In the court's final Instructions to the Jury. cx-Gov. Brown declined to offer any. At 10 o'clock, however, attorneys for the defense agreed to prepare Instruc tions to bo submitted to the common wealth and o the court, and Judge Can trill said he would hear argument from both skies the first thing to-morrow morn ing, and that they would be allowed twelve hours on eaqh side for final argu ment. AGUIMALDO AFRAID OF IT. Fears He May Tot 4‘onie In Under the Amnesty I'roclamnllon. Washington. Aug. 13.—Copies of Manila papers received at the War Department contain a letter puris>rtlng to he from a personal friend of Agnlnaido. which states that the Filipino chief does not take ad vantage of the amnesty proclamation be cause some time ago he gave orders to his followers to break up Into guerilla bands. t The amnesty order excepts those who violated tho laws of war. and it States that Agulnnldo fears that he would be In the excepted class should he undertake to surrender under the amnesty proclama tion. The letter Is dated at Biac-No-Bato, which Is said to be the present provis ional headquarters of Agulnaldo. It states, however, that 'Agulnaldo never stays more than a night In a place and only a , few hours In any one location. He al- \ lows no one to come near him except his , most Intimate personal friends. NEELY REQUISITION DENIED. Judp Lncomlie lt*fti*cd to Sian It Because? of llnlictt* i'orn ,,M ••- creditin'* .lu*t ilt'gllii. New York. Aug. 13.—Judge Lacombe to day, in the United States Court, refused to sign tho writ of extradition for Charles I*. W. on account of the action of Judge Wallace in granting an appeal to the Supreme Court in the ha beas corpus proceedings, but indicated that he did nor think that Judge Wal lace understood tho real sUuution of the case, and he believed if it went to the Supreme Court in its present shape the application for a writ of habeas corpus would lx- denied. Tn refusing to sign th** extradition writ. Jrdge Lacombe said, in part: "I came Fere tFi-? morning to sign an order putting Neely in custody under an act i assed by Congress on June 6 last, provided the government in'tdo a dispo sition of the two sill s under which or ders of arrest till stand against him. 1 find however, that the exceptional zeal of the |> ison< r's counsel has pr< duced a most peculiar situation, a complication that s> far as I know, has never before existed in conre ton with extradition cases. Jndg Wallace of this court has been applied to for a writ of hubeas cor pus on the ground, ntnotig others, that the act of June 6 is utieon-ti ut'onal. The writ of babies cot pus was asked in ord< r to test the constitutionality of the act at and to restor to liberty a prisoner allege.! to be held under it. But tin 1 act of June 6 does not apply here. No one Is restrained of his liberty under that aet. 1 never issued an order authorizing his holding under the act of June 6. "Now the proceedings asking writ of habeas corpus have been refused, an ap peal tnk*'n. and an order Issued by Judge Wal’ace, remanding the prisoner. I don't know upon what information Judge Wal lace acted. Nor can I see what else can happen to the appeal when it reaches th? the United State# Supreme Court except that they will dismiss it as being brought upon insufficient grounds. Habeas corpus cannot Fie availed of under the act until come proceedings are held under the act. And I have been car fill all along to al low the order of arrest in the civil suit to stand, and not to attempt to put him un der the provision# of the now act.” Judge Laeombe sold he did not want to sign papers dismissing the old charges and leaving the prisoner, held only on the order of Judge Wallace. Judge La coin be then advised Marshal Henkel to keep the prisoner in custody under the civil order, or under Judge Wai loce'fl order, ns he chose, and to advise with the district attorney about that time. The government was given until next Monday to decide what further action they will take in the matter. STILL INVESTIGATING IT. Innp?ctnr nml Lawyer* Going Deep Into the Neely C'nne. Havana, Au*j. 13.—Postoffice Inspector Gregory and Messrs. Conant and Wright, special counsel In connection with the PosioflVe frauds, will begin their investi gation Into all Ppstoffice documentu bear ing on the case of C. F. W. Neely next Thursday. The data thus collected will serve as a substitute for the lout ledgers. Efctes G. Rathbone has given up the official residence he formerly occupied at El Cerro. and is now living at the Hotel Trocha, El Vedado. SAVED YOt NG BRYAN’S LIFE. Gen. Wheeler Pulled Him In n* Fie Wa* About to Fall to Death. Chicago. Aug. 13.—Gen. Joseph Wheeler, commander of the Department of the Izekes, to-day saved the life of William J. Bryan. Jr., the 12-year-o!d #on of the Dem ocratic candidate for the presidency. The lad visited Gen. Wheeler and the latter, after his first greeting, turned io his work, and allowed tho youngster *o amuse himself as best he might. Young Bryan found a loose chair caster and a big bundle of rubber hands. These he tied into a long string and then, Being the castor to the bottom, went to a window and began bouncing iron up and down on the eidewulk seventy-ftve feel below. Tho general, engrossi and with Ills labors, paid no attention to the boy, who gradu ally became so inte es ej In his play that he leaned farther und farther out of the casement cf th< window. "Fighting Joe’’ happened lo glance up a few moments later and was horrified to sec the lad hanging w tn Ms whole tody over the tldewalk and only the toes of his shoes clutching the angle of the window. He sat aghast for a moment, and then ruah- Ing to the wlndjw he puled th? lad In by lit legs end land and him lately on the flior. Speaking of the. occurrence afterward, Gen. Whee/er acknowledged that young Btyan was within an Inch of being dashed to death on the pavement below when he caught sight of him. TRIED TO PUIBU3 MINISTER. Deadly Poison Sent lo Chinese Min ister toVrance, New York, Aug. 13.—A special cable dis patch from I’arls to the Evening Telegram to-day says: An artful attempt at poisoning by the use of perfume, which recalls memories of Lucretla Borgia, Is exciting ail the gossips of Paris. Thursday the Chinese minister, Yu Keng, received a letter which win signed ’■Julie Cgerwlnska," and contained some dried flowers, which the writer asked the minister to accept. The secretary of the legation, Armani D1 Parma, opened the letter and was Im mediately overcome by the and. adly odor emanating from the flowers. 'He fell In a faint. His recovery was accompanied by vio lent sickness and vomiting. In fact, his condition pr.-sented many characteristics of poironlng, and only by prompt treat ment was he relieved. Mile, Czerwtnska has been arrested, She appears to be mentally deranged. JUSTIFIES GREAT BHITAI*. Russia's Aggression May Lend to Ar. tlon by Other Powers. Toklo, Aug. 13.—The opinion Is expressed In Japanese official circles that Russia's occupation of New Chwang Justifies the dispatch of British troops to Shanghai. It Is believed that other Powers will be driven to take similar measures In other of Chin* DAILY. $8 A YEAR. 5 CENTS A COPY. WEEKLY 2-TIMES-A-WEEK.SI A YEAH CARTER’S PAPERS III* PH IV \TE DOM MF.NTH TUB SUB JECT OF TESTIMONY. ERWIN HAS RESTED HIS CASE. THE CUM NO It HEARING NOW GOES OYER TO *EPT. 27. Carter** Paper* Traced nnd Identified by Witnesses—They Will He Used in the Prosecution of Greene nnd the Gay nor*—Testified That the M! gnn t lire* of Certain Bond* men. Were Fored—f lutnue* Said to lime lleen Made in t'ontVnets. New York. Aug. 13.—The hearing in the proceedings to secure the removal of John F.. W. T.. and E. H. Gay nor and Benjamin I>. Greene, accused of conspira cy to defraud the government in connec tion with Capt. Obolin M. Carter, in the Savannah harbor improvements, was con tinued before United S-tates Commission er Shield* to-day. The first witness, F. M. Smith, n clerk in the Judge Advocate General’s office in Washington, in reply to District Attor ney Marion Erwin of Georgia, who asked if he remembered receiving a F>ox con taining L iters and papers belonging to Cnpt. Carter, replied that t box was re ceived it the Adjutant General's office. May 2. 1898, and later another box or (’host was received. The first had leen opened when th** second was received. Mr. Smith no Id thnt he had looked into the first F*>X sufficiently to see that it did rn* contain a record of Capt. Carter s trial. The second box was understood to contain a record of the court-martial. The boxes remained in the chief clerk’s office until July, 1898. In 1899, the depart ment of Justice called for them, and they were delivered June 14 of that yeer. On (’rose-examination it appeared t hat a num ber of persons had had access to the room# in which the boxes had been placed. Sterley \rmlii on the Stand. J. W. O. Sterley, chief clerk in the gov ernment engineer's office at Havannah un der Capt. Carter, was called and verified certain checks to contractors by Capt. Carter, drawn on the assistant treasurer of the United States, and veri fied also certain supplementary contracts entered into by Capt. Carter for work in Savannah, Oft. A paper wan shown to the witness con cerning changes in 1897 in work contracted for and accomplished in 1896, involving a half million dollars. Commissioner Shields allowed District Attorney Erwin to show, after objection by other counsel, that the name# of the two bnndsmen were forged by Capt. Car ter's confidential clerk. Michael A. Con nolly. Contracts for work awarded by Capt. Carter in 1896 were identified by the witness and tendered in evidence. District Attorney Erwin announced that he had one more witness to call and his side of the case would end, and an ad journment was taken for two hours. At the afiernoon session Mr. S.trlcy continued his testimony. He was shown a letter from E. V. Howell, a bidder under Capt. Carter, In which complaint w r a# made on the short length of time allowed ro+ submitting bids, his bid having been rejected on a technicality. Mr. Kellogg objected to the admission of thi# letter on the ground that the signature had not been proven, and might, not be genuine. The commissioner reserved decision. Johnson Had Carter*# Taper*. Edward Johnson, an expert accountant of New Orleans, was the next witness. He said tie was present In the Attorney General's office when the box of private papers of Capt. Carter was opened, and there was no Indication that the box had been opened or tampered with. It con tained letter-press books, letter files, va rious bills against Capt. Carter, checks, bank books, etc., a list of which he made. The contents of the box have since been In his custody. The list of the contents was Identified by ihe witness. It showed a large number of checks for money drawn In Carter’s name for personal ex penses. The list was marked for Identi fication. The list of personal expenses showed that Capt. Carter's expenses In creased from 1890, when they were a lit tle more than $4,000. In Jumps each year until 1890, when they were, nearly $30,000. After the witness had finished Mr. Ster ley wits recalled, and simply testified to certain trips from Savannah by Capt. Carter. Mr. Erwin then recalled Cnpt. Oillette, Capt. Carter's successor. His testimony wits of a purely technical nature, per taining to regulations of the United States In the mailer of river and harbor Improvements. The government then clos ed Its case. The hearing will be resumed Sept. 27. when the defense will present Its side of Ihe case. COI,. PETTIT WAS tl 111 ITTED. lint lirn. MncArthnr IHuipprovril the t nurt'ii Eluding*. Washington. Auk. 13.—Copies of orient received at the war department contain the acquittal of Col. James 8. Pettit, Thlrty-flnrt Volunteer Infantry, ivho was charged with belnK responsible for the death of a prisoner named Juan Ramp, by turninK him over to the of Zamboanga. The findings ar.d the acquittal are dis approved by Gen Mao Arthur. who say* that, notwithstanding the alleged charac ter of the prisoner, which tended to ra ven! him as a guerilla or outlaw, he was nevertheless entitled to protection, and to have his guilt determined In the regular way by war tribunal. Although the ao qulttal Is disapproved, there was noth ing' further for (len MurArthur to do, and he restored Col. Pettit to his regiment. POOH (IIHI,. REMARKED HAXXA. Itepuhllenns Will Not Indorse Itie Crusade of Miss Jewett. New York, Aug. 13. Perhaps the most Interesting visitor at the National Repub lican headquarters to-’ay was Lillian Clayton Jew<tC the so-called “Joan of Arc" of the An I-Lynching League of Iloston. Miss Jewett waited while Gov. Roosevelt was talking with Senator Han na. She then had an audience with th chairman herself. When Senator Hanna was asked about the matter he replied: “Poor girl. She wants the Republican National Committee to indorse the Antt- Lynchlng League, Of course, we oould not do It. We all deprecate lynching. I told her that all moral persons and law abiding once are against lychtaw This , la not a parly, matter,"