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SCHLEY’S LAWYERS
FILE HIS PROTEST
Is Scathing Indictment of
Ramsay and Benham.
OPINION DECLARED TRAVESTY
Finding of Majority Not Based on
Evidence—Secretary Long is
Served With Paper.
0
Admiral Schley, through his counsel,
Wednesday filed with the secretary of
the navy the bill of exceptions to the
majority findings of the court of in¬
quiry and also a letter asking to be al¬
lowed to be heard in connection with
the objections to be filed by attorneys
for Admiral Sampson to the individual
opinion of Admiral Dewey. This action
was taken after Mr. Raynor, Mr.
Teague and Captain Parker, of coun¬
sel, had held a consultation through¬
out the day with their client. Secre¬
tary Long, almost immediately after
the receipt of the communications,
called Judge Advocate Lemly and the
solicitor for the department, Mr. Han¬
na, into conference. At its conclusion
the secretary said that he had no state¬
ment to make regarding any action
that he might take in the premises.
He, however, indicated to Mr. Teague,
through the judge advocate, that he
would not hear an oral argument by
Raynor regarding Admiral Sampson’s
protest, but that would he would re¬
ceive a written statement.
It was expected that counsel for Ad¬
miral Sampson would file their objec¬
tions to the findings of Admiral Dew¬
ey in the case, but they failed to do so.
Contrary to Evidence.
The bill of exceptions “objects to the
approval of the findings of the court
upon the ground that the opinion ren¬
dered and the report of facts made by
the majority of the court are in con¬
flict with the overwhelming weight of
evidence and that the majority of the
court in their said opinion have ig¬
nored the testimony of the applicant
and of the whole of the applicant s
witnesses, and all that portion of the
evidence given by witnesses for the
government which was favorable to
the applicant, and have thus deprived
him of rights guaranteed him by the
laws of the land and the constitution
of the United States.”
SOUTH FLORIDA SHIVERS.
Cold Snap Visits State But Vo Danger
Is Apprehended.
According to a Tallahasee' dispatch,
throughout northern Florida Wednes¬
day was the coldest December day in
over twenty years.
The thermometer ranged from 20 to
25 degrees above zero through the
long 400-mile strip between Jackson¬
ville and Pensacola. The state agricul¬
tural department is advised that -no se¬
rious damage will result to orange and
other fruit groves in the Florida penin¬
sular, as the sap had been driven from
the trees by the continued cool weath¬
er of the past month.
Vegetables in north Florida are con¬
siderably damaged, however.
CASTRO DARKS KAISER BILL.
Says Venezuela Cannot Be Coerced By
Braggadocio Germans.
La Republica, the Venezuelan offi¬
cial organ at Caracas, published an
editorial Wednesday in part as fol¬
lows:
“If the German government is in¬
formed that the presence of a few war¬
ships will suffice to effect an arrange¬
ment of her outstanding claims, it has
been deceived. Venezuela is conscious
that she is an independent nation, the
equal of the other powers, and she is
determined to defend that independ¬
ence and equality. She is desirous of
peace; but if necessary she can cause
hurt to her enemies and exercise ter¬
rible reprisals.”
Another Victim of Marx Dying.
A Richmond dispatch says: James
Q. Stiff, the third man who was shot
by Herbert Marx in the Westmore¬
land tragedy, is at his home and sink¬
ing rapidly.
NERVY GIRL ROUTS ROBBER.
With Revolver Miss Hamilton Pro¬
tects Office Safe.
A stranger entered the office of Jus¬
tice Webb at Youngstown, Ohio, Wed¬
nesday morning, and finding his clerk,
Miss Clementine Hamilton, alone, de¬
manded that she open the safe, which
contained $2,000. Upon her refusal, he
attempted to strangle her, saying:
“If you don’t open the safe I’ll kill
you.” break¬
Miss Hamilton succeeded In
ing away, and securing a revolver,
fired point blank at the fellow, who
ran out of the office and escaped.
COST OF COMBINING.
Atlanta Council Committee and
H. M. Atkinson Reach Agree¬
ment After Long Fight.
An Atlanta dispatch says: After
a wrangle lasting many days the con¬
ference committee of council and H. M.
Atainson have agreed upon terms for
consolidation of the properties of the
Atlanta Railway and Power Company,
the Atlanta Rapid Transit Company
and the Georgia Electric Light Com¬
pany. This agreement will presented
to council for consideration.
The.terms of the agreement are as
follows:
In consideration of this agreement
to consolidate the properties of the At¬
lanta Rapid Transit Company and the
Atlanta Railway and Power Company,
Mr. Atkinson agrees to pay into the
city treasury $50,000 for the privilege
of making pnyslcal connections and
for the right to operate power com¬
pany cars over the Whitehall street
viaduct.
Also that the folowing payments on
gross receipts of combined properties
shall be made:
One per cent of gross receipts for
the first three years.
Two per cent for next three years.
Three per cent the next two years.
Four per cent xor me next two years.
Five per cent every year thereafter
until the expiration of the franchises.
It is expressly stipulated that in the
event the assessment of all the prop¬
erty consolidated exceeds $2,ZOO,000
during the first ten years of the agree¬
ment, the company is to receive a re¬
bate of 1 1-4 per cent of this increase
on the percentage of the gross receipts
to be paid to the city. During the sec¬
ond ten years this -assessment is re¬
stricted to $3,000,000, and uuring the
third ten years it is restricted to $3,-
500,000.
The assessment of the combined
property is now $2,200,000. The city
rate of taxation is 1 l-* per cent.
The lives of none of the franchises
of the street railway companies, elec¬
tric light companies and steam heat¬
ing company are to be affected by this
agreement. The consolidation includes
the Atlanta Railway and Power com¬
pany, its electric lighting plant and its
steam heating plant, and the Georgia
Electrie Light Company.
The first payment of gross receipts
is to be made February 1, 1903, and
will cover the year 1902. The agree¬
ment provides that the city council
shall appoint a board of examiners
to ascertain from the books of the con-
solidated properties the correct
amounts of the annual receipts prior
to the 1st of February of each year.
It is agreed that a system of inter¬
changeable transfers shall be estab¬
lished between the two street railway
companies.
FEAR UPRISING IN MANILA.
Americans Are Placing Artillery In
Various Sections of City.
The steamer Keosa Maru, which ar¬
rived at Victoria, B. C., Wednesday,
from the Orient, brings these advices:
The authorities in Manila'evidently
fear a rising, for Manila papers report
that artillery is being placed in places
about the city heretofore practically
unprotected
SOLDIER-JOURNALIST DEAD.
Major French strange Victim of Heart
Disease In Atlanta.
While talking to a Jittle girl in the
store of W. S. Beckman, corner of
Whitehall and Murphy avenue, in At¬
lanta, Wednesday afternoon, Major
French Strange, a journalist, and for
many years a citizen of Atlanta, drop¬
ped dead from heart disease. He was
a brave confederate soldier, having
ranked as major under General Lee.
MRS. HOOKS ARRAIGNED.
Pleads “Not Guilty” to Charge of
Poisoning Her Husband.
Another step was taken in the sen¬
sational Hooks case at Memphis,
Tenn., Wednesday afternoon when the
widow of the late Cerro Gordo Hooks
appeared In the criminal court room
and entered a plea of not guilty to the
indictment charging her with the kill¬
ing of her husband by the use of poi¬
son.
GOES UNGER NEW MANAGEMENT,
Aurora, Illinois, Man to Take Charge
of Atlanta Street Railways.
D. A. Belden, of Aurora, Ills., will
take charge of the combined proper¬
ties of the Atlanta, Ga., Railway and
Power Company and the Atlanta Rap¬
id Transit Company on January 1. On
that date Ernest Woodruff, president
of the Atlanta Railway and Power
Company, who has been in practical
charge of that system for the past
ten years, will retire from office. What
other changes will occur has not been
announced.
SMITH RESIGNS
FROM THE CABINET
Postmaster General Goes
Back to Editorial Work.
NEW APPOINTEE HENRY PAYNE
Action of Mr. Smith in Leaving
Cabinet at This Time Causes
fluch Political Speculation.
A Washington special says: Charles
Emory Smith has resigned from the
cabinet and Henry C. Payne, of Wis¬
consin, takes his place as postmaster
general. The announcement of this
change was made late Tuesday after¬
noon. Naturally it has given rise to all
sorts of speculation concerning ths
motives which prompted the resigna
tion, whether this change will be fol¬
lowed by others and what will be its
political effect. It has been known that
Mr. Smith has desired to resign his
portfolio and return to his editorial
work, but it was expected that the cab¬
inet would hold together for some time
at least.
JUDGE GUAM’S MANDAMUS.
Howell Resolution Is Declared To He
Entirely t (institutional.
An Atlanta dispatch says Judge
John S. Candler, of the Stone Moun-
tain circuit, decided Tuesday morning
that the Howell resolution, appropriat-
ing $325,880 of the public property
fund for the payment of the interest on
the bonded debt of the state, was en¬
tirely constitutional, and granted the
mandamus absolute asked for by Gov¬
ernor Candler, which mandamus or¬
ders State Treasurer Robert E. Park
to transfer the sum mentioned from
the public property fund to the inter¬
est fund.
The hearing of the case occurred in
the office of Attorney General Terrell.
X sX J X e .XX at o”ra S X
30 minutes were occupied in the hear¬
ing of the case. Both sides agreed on
a statement of facts and the attorneys
outlined briefly their contentions.
The case will be appealed to the su-
preme court at once as it is the de-
sire of both sides to have the highest
tribunal in the state to pass on the
question.
It is understood that the supreme
court will hear the arguments in the
case/at once but a decision will not be
rendered before January 10th. Th^
case is almost on the same line as the
one which was decided on last March,
when Treasurer Park declined to use
ihe public property fund as a loan to
pay the school teachers.
BURGLAR KILLS WOMAN.
Young Lady Engages Tn Pistol Duel
Willi Midnight Marauder.
garnet P. Murphy, prominent in
church and society circles and treas¬
urer of the Kingsley house fund, was
murdered at her home in Pittsburg,
Pa., by a burglar, about 3 o’clock Tues-
day morning. The murderer made his
escape, and although the detectives
and police force of that section was
called, the man has not been arrested.
Before receiving her fatal wound,
Miss Murphy fired two shots at her as¬
sailant. She was an expert with the
revolver, having practiced many years
for the purpose of protecting herself
in the event of just such an attack,
and she always had her pistol either
under her or within reach.
To Reopen Interesting Case.
The Chattanooga chamber of com¬
merce has decided to reopen the action
before the interstate commerce com¬
mission against the various railroads
entering the city from the east for al-
leged discriminations against Chatta-
nooga in favor of Nashville and other
rival cities in freight rates from the
east. The case was dismissed by the
United States supreme court on a tech-
nicality, but can be reopened for hear-
ing on its merits.
CARNEGIE UNDAUNTED.
Philanthropist Confident That Gov¬
ernment Will Accept His Gift.
Andrew Carnegie was in Washing¬
ton Wednesday and, with Secretary
Root, lunched with the president at
the white house. It is understood that
the proposed gift of $10,000,000 by Mr.
Carnegie to the government was dis¬
cussed.
Mr. Carnegie left the city late in the
afternoon. He was quoted as saying
that there would be no doubt’ about
the gift—that the matter would come
out all right.
RESOLUTIONS GALORE
Are Introduced In Congress By
the Staunch Friends of Rear
Admiral Schley.
Representative Wheeler of Ken¬
tucky, a member of the committee on
naval affairs, introduced a resolution
in the house Tuesday for an investiga¬
tion of the Schley case. The resolu¬
tion recites the results of the recent
court of inquiry and adds;: G*rge
“Whereas, Admiral Dewey,
recognized as the foremost naval offi¬
cer of the republic, entirely disagrees
and dissents from the opinion of his
colleagues on said board of inquiry;
and,
“Whereas, The American people de¬
sire that the conduct of Rear Admiral
Schley should be investigated and
passed upon by citizens of the repub¬
lic in nowise connected or identified
with the navy department; therefore
be it,
“Resolved, That the committee on
naval affairs of the house of represen¬
tatives be directed to inquire into the
conduct of Rear Admiral Schley from
the time he assumed control of the
flying squadron up to and including
the engagement with the Spanish fleet
off the coast of Cuba.”
Provision is made for a report to
the house of representatives and
thority is given to send for persons
and papers.
Representative. Mudd, of Maryland,
also introduced a resolution relative
to Admiral Schley, as follows:
“Resolved, That the. thanks of con¬
gress and of the American people are
hereby tendered to Rear Admiral Win¬
field Scott Schley and the officers and
men under his command for their vic¬
tory over the Spanish forces and the
destruction of the Spanish fleet in the
naval battle off Santiago de Cuba July
3, 1898.”
Mr. Mudd says the resolution is not
the result of any concerted action by
the Maryland delegation and repre¬
sents his individual views.
Investigation Is Demanded.
Representatives Cooper and Vandi¬
ver also introduced Schley resolutions.
Mr. Cooper’s resolution declares Schley
in command and entitled to credit for
at Santiago 1,recta
that he be placed on the active list
with the rank he held before retire-
ment.
Mr. Vandiver’s resolution recites
that the language of the court of in-
C ; U ji-y reflected upon Admiral Schley
an; j ca ij s f or an investigation by sev-
en members of the house, w p icn shall
investigate what injustice has been
done and what remedy shou d be ap-
plied
Representative Gaines, of Ter.nes
se?, introduced a resolution reciting
the “nrparalleled achievement of Ad¬
miral Schley in destroying the entire
Spat ’sh squadron with cons a um ue
skill and terrible celerity.”
The resolution makes the opinion of
At i:> al Dewey the opinion ol' con-
grtss.
Representative Ball, of Teas, intro¬
duced a resolution tendering the
thanks of congress to Admiral Schley.
Representative Cummings, of New
York, introduced a resolution direct-
j ng the secretary of the navy to pre¬
sent a sword of honor to Admiral
Schley and to strike off bronze “Schley
me dals” for the officers and men who
participated in the battle of Santiago,
appropriation of $10,000 is made,
GEORGIA STATE TROOPS.
Roster Completed By Inspector Gen¬
eral lor War Department.
Inspector General William G. Obear
has completed making the roster of
the Georgia state troops which roster
will be forwarded in a few days to
the United States war department by
Adjutant General J. W. Robertson.
The roster shows 4,772 members of
the state militia, an increase of 591 sol-
diers over last year. Of this number
are negroes . There are 83 compa-
n ; es 0 f j n f an try artillery and cavalry.
There are 3,179 members of white in-
f a ntry, 616 members of negro infantry,
552 members of white cavalry, 224 of
heavy artillery, 159 of light artillery,
21 of general staff and 21 of the hos-
pital cor ps.
DEATH SENTENCE FOR PRICE.
Slayer of Mrs. Rowland In Macon to
Die For His Crime.
At Macon, Ga., Thursday Arthur
Price, the negro who brutally murder¬
ed Mrs. R. J. Rowland in South Macon
recently, was found guilty in the supe
rior court. Judge Felton immediately
sentenced him to be hanged January
10th.
On the stand Price denied the con¬
fession made to several persons after
he was captured. He claimed that he
made the confession under a threat
that he would be killed if he did not
do so.
SCHLEY’S FRIENDS
WILL NOT REST
Congress Will Be Appealed
to For Vindication.
NOTICE IS SERVED ON MR. LONG
Findings of Admirals Ramsey and
Benham, of Inquiry Court
Cannot Be Accepted.
The Maryland friends in congress of
Rear Admiral W. S. Schley have deter¬
mined to bring his case to the attention
of congress and seek there the vindica¬
tion' they claim is uue him. This ac¬
tion was determined upon Monday
night at a dinner given by General
Felix Agnus and attended by Senator
McComas, the Maryland members of
the house and a few other friends. A
resolution will be prepared extending
to the admiral the thanks of congress
for his services in the battle of San¬
tiago and conferring on him the rank,
pay and emoluments of a rear admiral
on the active list of the navy. A pre¬
amble to the resolution will recite Ad¬
miral Dewey’s conclusions of the court
of inquiry giving Admiral Schley the
credit for the victory of the battle of
Santiago. Senator McComas will in¬
troduce the resolution in the senate,
and probably Mr. Mudd a similar one
in the house. If deemed expedient, an
effort will be made to give Admiral
Schley the rank of vice admiral. The
resolutions will be prepared promptly
and introduced in both houses and an
attempt will be made to have early ac¬
tion on them.
Retrial of Case Not Wanted.
M. A. Teague, one of Admiral
Schley’s counsel before the court of in
quiry, and who was also a guest at the
dinner, said that the admiral would
not seek a retrial of the case under
any circumstances. His desire and that
of his friends was that to be relieved
of the censure imposed upon him by
the report of the majority of the court
of inquiry. Nor, he added, would
there be any suits instituted having
in view the obtaining of money for li¬
belous publications affecting him. Mr
Teague said that a vigorous bill of ex¬
ceptions to the conclusions of the court
will be filed with the secretary of the
navy.
Senator McComas said:
“I believe an investigation by con¬
gress would not have decisive results.
It is not advisable. In some fashion
this congress should have a chance to
vote Admiral Dewey’s finding to be in
the judgment of congress right or
wrong. I want to see such a vote,
and I hope to see it before the session
ends. I will introduce a practical
proposition tending to bring such vote
in the senate at least. The details I
do not now desire to elaborate.”
Request Made of Long.
Admiral Schley was in consultation
Monday with his counsel, Hon. Isidor
Raynor and M. A. Teague, also Gen¬
eral Felix Agnus, of Baltimore, and
Congressman Schirm, of Maryland. Af¬
ter the conference Admiral Schley au¬
thorized Mr. Teague to make the fol¬
lowing statement:
“We have been in consultation as to
what further proceedings shall be ta¬
ken. Nothing definite has been deter,
mined upon so far as civil or criminal
action against Maclay and his sponsors
is concerned. Maclay’s claim that the
findings of the court are a vindication
for himself and his book is absolutely
spurious. There are no less than half
a dozen instances in the book in which,
even if he were to accept the findings,
of the court and incorporate them in
the volume and change it to suit the
findings, the book would still be crim¬
inal libel.”
Mr. Teague, during tie afternoon,
presented the following letter to Sec-
retary Long:
“Washington, D. C., December 16.—
Sir: I have the honor to most respect-
fully request that you withhold your
approval from the findings of the court
of inquiry recently held at the navy
yard in the city of Washington, . of
which Admiral George Dewey was
president, until such time as I may
have an opportunity to file a statement
of objection thereto and I therefore
request that you do not dissolve the
court until aqtion shall have Ueen fca-
ken on such objections. Very respeet-
fully, W. S. SCHLEY,
“Rear Admiral United States Navy.”
Later in the day Secretary Long ac
knowledged, in a formal letter, the re^
ceipt of the request from Admiral
for permission to file a bill o
objections. The secretary’s response
was brief and purely formal ; it grant
ed the request and allowed until Fri
day next in which to submit the bill.
Adnirat Schley has been relieved
front further duty In connection with
the court of inquiry.