Evening Star Newspaper, June 14, 1893, Page 1

THE EVENING STAR PUBLISHED DAILY, EXCEPT SUNDAY, AT THE STAR BUILDINGS, 1101 Peansyivania Avenue, corner 11th St, by The OE teat Star Lp ay os carey pot ae Sarcunay Qcapacrie SaxeT Stas $1.00per year; ‘with foreign postage added, 82h [Entered at the Post Oftce st Washington, D. C.. a5 second-class mail matter. mail aubscriv cious tana he eat tn etvance. f advertisinz mad» known on application. Vor. 82, No. 20,598. D. C. Che Evening Star. WASHINGTO WEDNESDAY, JUNE 14, 1893—TEN PAGES. TWO CENTS. SPECIAL NOTICES. PeCIAL SOTICE THE RELIEF cost ae Jn conformity with the resolution pny aincedy wafferers by erst the old Ford Theater ers oy of the committee. “JOHN B. LARNER Ba" Busisess 1s coop wire vs. Your Lawn Mower sent for, sharpened and pur in onder for #1. Your Garden Hose repaired. 2c. Wire Sereeu Doors, ecmpiete, 0c. Adjustable Wire Window Screens, 25e. ; $2.75 ‘5 feet Garden Hone. patent nozzle and coup- Mnzs, complete. $1.75. Hose Heels, 7c. exch. Fully Guaranteed Lawn Mower, 88.25. Squact Iee Crain Freegers, $1.36. 4 cnart lee Cream Freegors, 81.70. Double Burnet Gas Cooking Stoves, $175. Kabber Tubing, 0c. foot, Lawn Sprinklers, $1.25 each. ‘Trowels, 10e ; Rakes, 20c.; Hoes, 20e.; Srades, 40 and 50c.; Shovels, 60c.; Lawn Bakes, Gc. Sw Ponny. ten't it reslime advertisementat Everybody can't have the “‘bear—although everybody claims to have it, We sey the “Fire King” Gee Kanaes are ““the best tm the world.” Decause ther are so ackuowledged. It ton's Trepostarcus to claim what fs the truth! You don't know half a much about the “Fire King” as you should. ‘Chances are you'll see the necessity of a Gas Range before the summer's half gone. When You're ready we are $18, $20 and #22 for “Fire King” sotting up. BARBER & ROSS, cor. 1ith and G ste. je13 A SUMMER IDYL. ee ore pa thie ‘stun sours wae hee LEMON souR Diessing those ne ge Kee ala Ss eo druggist or PRICK, Wo, por quart by ‘Manufactured so SAMUEL C. PALMER, PAMide Aitertiiing, Devote: | (Gs Sa Slaw. HOW To INVEST A HUNDRED. |ARLTON HEIGHTS ts unquestion- ably the deat, most healthful and most successful of all the suburban Places about Washington, Charmingly and healtbfully situated and most sc- cessible. ‘Twenty minutes’ ride from fhe cits, Twenty-two | trains daily. Fare, Me. a trip. en more new iy are now bei and aro offered for sale ‘2.000 and $2,100, pas 100, ts #20 Pet minth. seven are the last {bat will “be completed this summer. Ground for sale at low to those who will build at once. “Owner.” 610 F st nw. = FO Sos ;URNERS IN THE COUNTRY. fore sevarting for the seashore. moun- or counter leave directione with us Your wives jiurinc the sxvericaced ahivpers: Sines’ "packed ‘mm cases which defy recog: #AS._ E. WAUGH, 13 TO-KALON WINE COMPANY, O14 14th st nw. Televhone, 908. THE LAST WEEK his week will see the last Suitt ha a? Ge] we have been ox gid and ate chstrpsiaed at th the demand for Best Tattering). 983 PAC AVE. J033 et J ww. st ‘feet (Best Tailoring), re: RSITY OF fenee ete atone tar cance xan neton ment will be held at Weicker Hotel June 14 and 1 each day 10 a.m. For cirealars and ton inquire at office Maj J. W. Biackburn, jr..Wash- Suton ‘Title ‘4 re. HORACE JAYNE. Dean. SCHOOL MEDALS to order at lowest possible cost of produs- tion in our own factory. Estimates and desiyns furnished on request. R HARRIS & CO., cd Cor, 7th and D a.w. — MODISTE PARLORS, JACKETS, RIDING HABITS AND ROBES, _my8-Smn 1312 F ST_N.W. = FOR SALE— 1 ais authorized by the owner of the laat two of that whee by the owner ig tank te at houawe near Dupoat Circle tu oder same for a few dave sta crew ri is These houses oh. 3 Sshlouable strvet and bave 9 -oom- and bath. ry en improvements. electric bells. furnace are exvensively and clegantiy finished. forms will be made very SB fg. gute purchaser. - LEKOS FAIRMAN, 10-08 Sur iit st aw. Sat A3OUT THOSE RUSSET SHOE: {OW ABOUT THOSE RUSSET SHOE OO we sell a Russia ie moernte. McGILL '® WALLACE, Printers and mys Tio? EST. YOU ARE NOT READY FOR THE Sat unsil you have Stat in this ine cad be fount WOODWARD & LoTHROP'S, _sp15-t 10TH. 11TH AND F STH. N.W. sum ‘Horve Cover. z naan 0 ers. Contracts foture del; vorien, cette tor tor family trade He wagons. family coal—iow Ber Serr sare sess, 2,000 waite, worth $10.50, $18, €20 and $22.50, all to go this week at $14.85. ‘They're sacks and cutaways—in regulars, leans and stouts—so, wt stever's your form, no trouble to fis you. from these, EISEMAN BROS., 2S Cor. Tthand Em THE IM ORT:R — ACCEPTED oUR OF FOR THOS ECES OF BLUE AND BLACK SERGES—AS LUNG AS THEY LasT—WE WILL MAKE THEM TO YOUR ORDER at a6 FOR A SACK SUIT. CUT, FIT, WORKMANSHIP GUARANTEED. MERTZ and MERTZ, Modern Price Tailors, 906 F st. eT RAMBLERS ARE SPEEDY —— UECMB)A SC, May 18, “08. 1 second, 1 third? First in mile, bowen. CHAR one N.C, Mey #0. £t-} milo ces. after failing. ich that streak of Hiuht. RAMBLE ¥IDERS ARE Witsers. GoRMULL T'S TLIYERY uIFo. co. 1385 14th my25 7 joy TY LIST Book eee area meant Se then SA eelriepetae ms Agere pesi Be ™ EES. TAILOR, pytia 1312 F STREET. MANTELS. ANDIRONS, _FENDE! Lm eaten, Wrgieht-irog, Gas” Fiatares, aoe tbe) Beda tna, Tue shop,20 13th ot. SPECIAL NOTICES. “FEW AND FAK BETW "There are pumeroa: botels and .d boarding houses ‘but these that ser areally nice erythine frat-claay aie price are "few s tw Summer price sels 1400-1412 Ht STREET ¥.W. SPLIT UALS THE MONDEREDL altered cal rt iy demonstrated ents of spirit coun nie hot nee his remarkable median BOERS guboritetty to bo, afforded WILD DAY EVENING, tant. at The Lem} "Admittaice 1b Business Committoe. WHEN YOU COMPARE GARMENTS tailored st our establishment with those made Up at most places throughout the ciiy you wil! cheerfully pay the fow dollars more that we clare. Next to wear, “individ- uality”” is the most attractive feature of gar ments of our make. SNYDER & WOOD, Fine Tailoring, W111 PENN. AVENUE (Barr'sold ‘‘stand"). Jel TO enemas OF THE DISTRICT. 'e destre you to know that youcan secure edre af the pense prices thet aeeaae Blank Bovks, Cath Boxes, Bond 4 xes, Bond Boxes, Copying . Rubber ds. Twine, ‘Muriinge, tuk, Pens: sod Cases. pay in numero Aislea | We are Acadguartere for everyoning. Homer y bene. EASTON & RUPP, Popular Stationers, ‘$21 LITH ST. (Just above the avenue.) Sols ANUENSIS? more.” COLUMBIA Y SORUMBLA VHONOGRAPEE ein CO., 627 E st nw. B. F.CKOMELIN, Sec. to are particularly strong in ‘straw Hate for wet. len i isis for, athletan Bm. sTINEMETZ # SUN 1s Sr BRAVE. yer Beat 00H HE REEP YOUR HEAD COOL: TC best” styles and me- ube rst to go, 80 wiikiT & Shorr. « 905 PAL AVE, jolt The weather is likely to be clondy; ehowery this evening. yourself | the SCHOONER JOHN LEMON Just arrived at our 11th st. wharf with more gang-sawed Joist and studing. If you want to see something really WELL MANUFACTURED you should see this lumber—and don’t forget the prices—you mow how low they are. SITs you read it in our ad. its 40. LIBBEY, BITTINGER & MILLER, “Lumber, Millwork and Builders’ Hardware,” Cor. 6th and N.Y. Je-l4 eer Security and Trust Co., LOS G st. nw ave. on Ww. No investments sre more secure than our Real Estate First Mortesge Notes, which net the purchasers 6 jer cent ver annam. They are secured by first Mortgages on real estate within the city limite, apd are for sale at face value plus searued interest We Will Be Pleased xto have you open an account with us Interest paid on datly balances, Deposits s Willan, St Coates, ‘Chan’ C. Dancason. Mathew G. Emery, Tames E Fitch- Wise Garnctt. Joke perrel. Jokn . 189% —T HEREBY WARN THE iat I will not. be responsible f-omn hays contracted in my name unless : ROBERT HOY. THE WASHINGTON LOAN AND TRUST COMPANY. Granite Five-proof Building, Cor. 9thand F ata. Families leaving the city for the summer can de- abel sitver wane aud other {unten for vale ine in the strome vaute of thie company at ver Pea rates. Siuall safes {or rent at prices froin Sear. Noone can afford the risk of rob bery when th the cost of perfect security is so inexpen- sive. delve +r) cee rr UNSAFE BUILDINGS. Let last Friday's dreadful catastrophe be = ‘warning to you ff your house is not in per- fectcondition. Bulldine and repairing of every sort is my work—Jobbing is my Je13 HOLD FAST TOBACCO. | ‘The Harry Welninger: Tobacco Sumaplated their new factory aiid are have arly with {ebacco "HOLD FAST. nies cam be obtained NOTICE OF COPARTNERSHIP. ‘Sigmund J. Block and Charles T. Yoder have associ- atod themselves toxether under the style and firm of Block & Yoder for the p out, quit claims procured, Provement tates abat Yeyancing and legal documents of ali forms carefully and accurately Seated Pedore, the, local comrte, Court’ of Of Claims, Supreme Court and -partinents. BLOCK & YODER, pa CARD. — THANKING 7 uy, PATRONS AND friends for the confidence im me during the pst, ieasure a presenting the new firm, whi iy equipped in every particalar to the ubove business, rusting to ‘of your favors, I merit & co! nce stall be pleased to meet you all at the off stand. NOTICE Is HEREBY GIVEN OF THE Aissoluiton ofthe erat rer sit a at 5 ote aes Tas Hi SALLER Pa “lovel head” untess For our part We Lave dant variety for you to « men vow nothing for com- Is cur BLUE. No res they shoalda't be cool! hes, ate half lined and skeleton, both biue and “GEORGE SPRANSY __ #12 7 =SPRINTING! PRINTIN MONEY TO LOAN ON REAL ESTATE IN LARGE OK SMALL AMOUNTS. sch gaemade oa Installment Trusts ior periods of 5 monthly, quarterly or half Straigot Trusts at lowest rates. Mopry advanced ou real vatate. iseanceled. Apply to BR. L. GOODMAN, Agent, UNITED SECURITY LIFE INSURANCE AND TRUST COMPANY OF PENNSYLVANIA, 603 1:thst ow, Washingt Capital, $1,000,000 "Fall paid * © ‘Surplus, ‘6300, 000. mbis-waatt In event of death | kerosene may tists Pavive’ THE PURE IDK ASSOCIAT: inect ac Faber's Hall, THURSDAY. the Lsth, st 8 o'clock, by Prof. Wiley of Agricultural Department. Subject, Pure Milk. The public are earnestly invited to attend. A. G. MOUNT, Jol4-2ee President. AN ENTERESTING PARTY. “Tamasha” a May Be Given in This City. Mr. Henry Ballantyne, United States con- sul at Bombay, India, will arrive in this coun- | try next week, accompanied by Mrs. Bal- lantyne. They aro en route to the world’s fair with an East Indian exhibit, an interesting portion of which is a troop of Iz | native jugglers, comprising some of the most (si0,,{% | famous jugglers of the empire. ‘They will stop woueniy | | in Washington on their way to the west, and will cg = Soe gives “tamasha” or exhibition, at which the magic of the oriental wizard will be a red. The troupe gave several exhibitions is sles while the ship remained in that = Port, which were aitended by large crowds, Mr. Ballantyne will also act as escort to a na- tive Indian prince, the Guickwar of Baroda, who is said to be the second richest prince of India and the most independent maharnja of the empire. He will be accompanied by a suite of natives of rank and high birth. peateelBere eae, SENTENCE MITIGATED, ‘The Case of Liout. Wm. N. Williams of the Nincteenth Infantry. ‘The President has acted upon the findings of the court-martial which tried First Lieut. Wm. N. Williams, nineteenth infantry, recently at Muskegon, Mich., on charges of refusal to pay his debts and of failing to reply to inquiries from the department. Lient. Williams was tried and suspended in 1891 for a period of five years for alike offense,and this court again con- vieted him and imposed @ sentence of suspen- ee from rank and command, with loss of all ¥ for one year after the expiration of the briginal five Fears’ sentence. ‘This, verdict has been approved by President Cleveland, but the sentence has been mitigated to suspension for one year with forfeiture of one-quarter pay. cee a FINANCIAL PROBLEM. Secretary Morton's Opinion as to the Cause of Improvernent. The condition of finances has practically ceased to be the uppormost thought in the official minds of theadministration. The gold balance continues to improve, the present de- mand for gold to go abroad hns stopped and the future promises even brighter prospects. A Now York firm hed an order for $1,000,000 Inst week, but revoked it. Secretary Morton has an explanation for this, which is probably a correet one: ‘“I was in Chicago,” be sald. “during the ran that was made on the banks there. ‘stood in the window of one of the largest commission houses and watched the crowds anxious to drat ont their savings. “One of the officers of the institution called a clerk and authorized him to sell at once 300,- Pex was quic! it to Liverpool at about 7734. “It would seem that we have reached the p st which foreign markets will purchase our wheat, and it is now going abroad. Instead, therefore, of gold shipments, there will be ex- changes for egreals, and the ‘financul problem be —————_-e+______ LIEUT. LAUCHHEIMER VINDICATED. Secretary Herbert Does Not Deem Any In- vestigation Necessary. Liout. Chas. H. Lauchheimer, U. 8. M. ©., attached to the judge advocate general's of- fice, has beon vindicated by the Secre- tary of the Navy of any wrong- doing in connection with the recent court- martial trial of Passed Assistant Paymaster H. R, Sullivan. The Secretary's views of the mat- ter are briefly expressed in the following per- sonal letter to Lieut. Lauchheimer Sir: Referring to your letter of March 11, 1893, asking the ent’s attention to certain clippings from the New York Times of thedthand rom the Washington Post of the10<h of that month, commenting upon youreonduct as judge advocate of a general court-martial convened at Norfolk, in September, 1892, for the trial Passed Assist of ant Paymaster Harry R. Sullivan, U. 8. N., and referring also to April 8, 1898, replying to __corres- pondence on file in the depar:ment relating to the subject of said publications, which lette-s your ' letter of __Jel2t_| concluded with a request on your part * prompt and thorough investigation bo mad the department into all allegations contained | in the newepaper publications and correspon- dence in“question, which might in any way re. flect upon your personal or official integrity, I have to inform you that, after a careful con- sideration of the matter, the department does not deem such a investigation necessary. Very respectfall; 'H. A. Henpenr, Secretary of the Navy. CRINESE RETALIATION. No Information at the State Department of the Prohibition of American Kerosene. The Department of State has not been in- formed of the reported purpose of the Chinese government to retaliate upon the United States, as evidenced by the reported prohibition of the purchase, uso or sale of American Kerosene in the province of Amoy. Even if there been such a prohibition it 1s not believed at the department that it can be re ‘28 a measure adopted in a spirit of retaliation, but rather as an exhibition of the extremely conservative character of the Chinese, whose resistance to such innovations as the use of, have been _strength- ened ry some recent casualtien. Moreover, it in felt that a mere viceroy of a provinee would scarcely be authorized to in- stitute a policy of retaliation, which would rather be initiated by the imperial government itwelf. pe SS THE BERING SEA CASE. Arguments Expected to Bo Concluded | ‘Within the Next Ten Days, Officials at the State Department are of opin- | ion that the arguments of counsel before the | Bering sea bozrd of arbitration will be con- | cluded within the next ten days, and that, with | the exception of General Agent Foster, all the oficers in any way connected with the | preparation of the American case will then re- turn to the United States. Itis also expected that the decision of the arbitrators will be announced by the August. Arbitrators Harlan and Morgan and | General Agent Foster will remain in Paris until the arbitration is consummated. The ap- proaching return of the other members of the delegation accounts for the rumor that | Major E,W. Halford, paymaster, will be relieved from further duty with the ‘tribunal and ordered to regular duty in the pay depart- ment of the army. Maj. Halford is acting under the orders of the Secretary of State, and when relieved of this special duty’ will take station at St. Paul, Minn, These were his original orders, and they have not been changed in any par- tical Secretary Gresham has announced that he will make no change in the personnel of the American repretentation at Paris pending the consideration of the iss: Ist of | the coroner by an appropriation bill might pos- | | E A NEW INQUEST: ee 2 Prods Dnder Dr. Shaetibr Declared Mega _——— JUDGE BINGHAM'S DECISION, ——eeee Surprising Result of Col. Ains- worth’s Petition, THE OLD JURY 10 SERVE. The Coroner's Discretion to Admit or Exclude People. The result of the application of Col. Ains- worth for a writ of mandamus to compel Acting Coroner Schaeffer to permit him or his counsel to cross-examine witnesses was somewhat sur- prising. ‘Three days’ work of the coroner's jury ‘was rendered of no avail by afew words spoken by Judge Bingham this morning. The inquest on the old Ford's Theater calamity must be com- menced all over again, a now jury ob- tained cr the old ono rosummoned and some one of the dead disinterred and viewed as the subject of the new inquiry. Judge Bingham decided this morning that the coroner in conducting the inquest was acting in a judicial capacity and that judicial fonctions could not be delegated. The effect of the decision was to abrogate tho inquest pro- ceedings so far held by Doputy Coroner Schaeffer and to necessitate a new inquest under | be COL, AINswoRts. Coronor Patterson. The dscission naturally created something of @ censation and the news spread rapidly. Deputy Coronor Schaffer, who was prepared to go ou with the inquest, immediately adjourned Until tomorrow, when the affair will be recom- menced with Coroner Patterson in charge. The coroner will be assisted by At- torney for the District Thomas. The decision of the court is important as it affects a practice which has long been in vogue here for many years. Just what Col. Ainsworth gains by raising the quostion and nullifying the inquest is not clear, as the rest of Judge Bingham's decision clearly states that the coroner has the right to exclude any one from an inquest whose pres- ence he deems an obstruction to the proceed- JUDGE BINGHAM’S DECISION. ‘The Court Room Crowded to Hear the Re- sult of the Case. Chief Justice Bingham yesterday announced that he would render his decision on the petition for a mandamus made by Col. Ainsworth against Deputy Coroner Schueffér to compel him to allow the presence of Col. Ainsworth and his attorney at the inquest and to cross-examine sritnesscs, at 10 o'clock this morning. Tho court in general erm was crowded at that hour with interested partics, Col, Ainsworth was not present, but his counsel, Mr. Ross Perry, was carly on the scene, A number of the clerks from the wrecked building were on hand, but the main audience consisted of lawyers, Mr. Bir- ney and Mr. Taggart sat at one table representing the deputy coroner, while Mr. Harry E. Davis and Wiison vceupied prominent resentatives of tho contractor and tho cler! it was 10:30 before Judge Bingham took his seat on the bench and began to deliver his opinion. He was listened to carefully the spectators crowding up close to the rail in order to catch the low tones of his voice. From the start it was gat that the effect of the decision would be to dismiss the petition on the ground that the deputy coroner had no right to conduct an inquest As this became clear Tan over the court. The importance of the decision as overturning an old custom was immediately recognized and the complications which might arise through past inquests were discussed in low voices. Text of the Decision. ‘The chicf justice said: Tho examination of the law clearly establishes in my mind what I suppose I never had any doubts about, and no the coroner in hold- ing an inquest acts judicially, In holding that inquest. he is holding a court’ He ia m judicial officer and judge, and acts judicially. Now I think it is unknown that any officer who is clothed with judicial authority by the law can deputize that faiciat power to be exercised by another per- lyon whom he may select. That cannot be |done. The Jaw might provide, and it is within the power of Congress in ‘this jurisdic. tion to enact a law by which the coroner migh appoint a deputy, and that law might confe ‘upon the person judicial power and authority to exercise judicial power and to hold these coroner's courte. at as to that it seems to me evident that it could not be done. Ho might appoint an nwsistant or a deputy who could perform ministerial duties. Whether he can do that or not there may be some ques- ‘tion, but the recognition of an assistant to, sibly be construed to be a sufficient legal recog- nition of such an officer as to legitimatize his ministerial acts—acts that he performs for the coroner, which are in their very nature | ministerial—but he cannot be clothed with | | judicial power and authorized to hold a court. So it occurs to me that this is a very im- portant matter, because it involves tho pro-| priety of the astions of the gentleman who 18 acting as deputy coroner in this Dis- trict holding these inquests. It affects and relates to the right of any attempt of that kind, and hence it is not a thing to be over- looked. Having arisen in this proceeding it is for us to notice it and pass upon it. I feel quite clear that I have made such an tion of the question as to satisfy my mind that nothing but expressed ‘oner a power to exercise judicial authority. I have given some attention to this question upon its merits and I nm somewhat loth to dixmisa this proceeding on account of this technical obstruction without making a word of comment. ‘The unfortunate calamity lee action ean confer upon the deputy cor- which has caused the proceedings which wo have been called upon to review, by this appll- cation is one which bee excited tho public at tention naturally and caused the questions which are raised by this application tobe ‘unusual importance. THE POWERS OF THE CORONER. Now, the coroner of this District, in holding his court, is unquestionably invested with all the authority that the judge of @ court is in- Yeated with in the way of maintaining the or- derly and regular proceeding in his court. He would have power to punish for contempt: he would have the power to quell any boisterous conduct in his court room. It is not only within his power, but it is his duty. It would be his duty to conduct the pro- ceedings which the law authorizes him to conduct in as orderly and quiet and dignified a manner as would be the trial of any individual who might be indicted for some high crime or misdemeanor in « lor court of justice. I think that the coroner has invested in him by authority of his office all the power that any judge might have in reference to conducting his court. He would have the right to exclude persons, to quell boisterous conduct and those interfering wish the regular proceedingt in the court. He would havea right, I think, to exclude any Person whose fresence he was convinced was ‘an obstruction and prevention to cols page inquiry for which his court was organi It it became apparent to him, clearly asa matter of judgment, that the preronce of that person prevented the production of the full testimony that otherwise might be pro- duced, I think that his powers are sufficient to authorize him to say that that person must, at lenst for the present, when certain | perros are being examined, retire from | e court, but whether the circumstances require it is a matter entirely for his own judg- | ® ment. It isa matter not within the control of any other court. It is not a ministerial matter, but a matter of judgment and discretion in the proper conduct of his court. Whether the cir- cumstances are suflicient even as detailed in this application is a question for his judgment and nota question for the judgment of this court. A MATTER FOR THE CORONER TO DETERMINE. I think that a mandamus would not lie upon the facts stated in this application. I do not think that we are empowered to issue a man- demus in any case where the duty involves the exercise of judgment or discretion on the part of the respondent. It must bea clear, plain duty provided by law, to be performed unconditionally, and not dependent upon the exercise of the judgment of the re- spondent in order to authorize this or any other court which may have the power to issue a mandamus to do so. Now, it is conceded by all the authorities, even the strongest authority, that there are circumstances under which ‘the court will justitied, the corouer's court, in holding his court in secrecy. There are circumstances under which he may exclude all except such as may be necessary in order that the proceedings shall go on, and be may exclude persons for disorderly conduct, He may ex- clude persons for any apparently good reason, the reason of which Counects fielf with tue vroper conduct of the proceeding in hind, and which affects it, which would affect it injuriously unless the exclusion could = made. But it is alla matter of discretion judgment, responded the coroner, os is “himself a judge, and who is in this respect clothed with the whole re- sponsibility, as think he bas the great power necessary. And the coroner should exercise that power with great caution and with the best perce of which be is capable. He should entirely conscientious and impartial in its Pegi and bagi! it for irene — for the pui of aul integrity ‘the oossedig which he is conducting. KOT & TOWN MEETING. Another thing, it is important that this should be understood because it ought to be | well understood in this community and all | others that ® coroner's court is not like a town meeting, whatever the circumstances may be, however great the crime, however great the indignation persons may feel, who are suf- fering by reason of what has hap; reason of the circumstances w! rounding the investigation of a coroner, it is the bounden oa of every citizen, as a good citizen, respect to the laws of the nna, “"Thé law is tho protection of every citizen, and it is only by the faithful, fair and impartial execution of the law, free from all interference, free from all violence and free from all interruption, that the rights of the citizens can be maintained. It is then the duty of every citizen to pay sespect to the law, to treat respectfully Jodisiel tribunals that are lawfully organized and pro- ceeding in an orderly and regular manner, to pay them such respect as the law requires; not to interrupt the proceedings; not to inter- fere with the proceedings except as they may do so in a regular, orderly and way. ‘The coroner's inquest is not a final matter. It ina mere matter of inquiry. Itleads to some- thing sometimes; it leads to recommendations on the part of the coroner's jury and arrests = sometimes foliows. “But before a person can be convicted after arrest he must be indicted first, then he must have a regular trial before a jury of his coun- try. So that the parties whom it is desired to accuse or investigate are not by the result of a coroner's inquest prevented from bav- ing a fair and free trial thereafter. I do not mean to be understood assaying that itis proper for the coroner to refuse to permit a person so accused, or who may be by the testimony, to be present and represented by his counsel, or that it would be improper, butit will bo right under all ordinary circumstances at least that the accused or his counsel should be permitted to ask the wit- noses questions in a proper way, in a way over which the coroner will himself main- tain control, as any other court should. Bat I do not, on the contrary, mean to say that there may not bo circumstances under which the coroner would be Justified in not doing it, But he muet be the judge as to that. He has the discretion invested in him, I think, by law to determine these matters, and itis not for this court or for me as a justice having the ower to issue the writ of mandamus to jetermine by the writ of mandamus that matter or upon what evidence he shail act. ‘THE WRIT REFUSED. ‘The writ of mandamus will be refused, how- ever, distinetly upon the ground that we do not find’ that the person named this application is judicial officer, barn the power to conduct — the ceedings such as sre described’ in ‘the application, And it will follow, as a matter of couree, that we shall have no power to issue a writ of mandamus to compel him to do what he has not the power to do. A WORD To THE PUBLIC. In connection with the merits of this applica- tion I have to observe the existence of some feeling, perhaps, in this community, and a word of caution I iesire to address 10. the pablic |from this bench. It is the duty of all| whatever may be their situation, quietly about their usual occupations and proceeding to proceed orderly | fairly, as doubtless it will. I understand | that we have a coroner who is entirely | |competent beyond all question to con- duct the inquest—to conduct the inquest in | an orderly and peacesbie way, as all such in- quiries aiid procecdings should be conducted — | and in this way we sbull rightly reach the trath. stood that whatever may be the verdict of the coroner's jury, while flual so far jas that jury is concerned, it is not final so |cerned. W y nest the grand jury will investigate the caso dest, and feally, if an indictment is. found, it | will be tried before a jury impancled before the criminal branch of this court, But as good citizens, free to hold opinions, express- ing them only ina proper way, ata proper time and on proper occasions, being careful in everything that is done and in everything that is sald, having a due regard for the good order, peace and quict of this community, let them so conduct themselves hereafter that it may not be said that the citizens of this cap- ital, whether thoy aro permanent citizens or of IT | surprise | acquainted with the law and facts, and temporarily so, are not a law-abiding and law- Tespecting class of people. ~ (Continued on Siath Page) SOME LEGAL VIEWS. How Members of the Bar Regard Judge Bingham’s Decision, Is SOUND LAW. eee peereeeer A New Inquest Must Be Begun by the Coroner Himself — Opmions of Messrs. Cook, Davis, Worthington and Taggart— ‘The District Attorney's Investigation. a The effect of Chief Justice Bingham's decision . was generally regarded by the members of the bar as leaving no other alternative to Coroner Patterson but to begin the whole matter over again. Further than that, it was said that where a person stood committed to jail upon the warrant of Deputy CoronerScbaeffer that person could,upon writ of habeas corpus, unquestionably be discharged from custody, provided the person yet re- mained unindicted. Such discharge from custody. however, would result in but temporary freedom, beeause the accused person could be immediately re- arrested, brought before the Police Court and, upon sufficient showing, be at once recommit- ted to jail to await the action of the grand jury. Itcannot besaid that the court's decision the nature of a the decision was without hardly a dissenting voice spoken of ana perfectly sound = Indeed, the only surprise in the matter red to be that the question had never be fore been raised in this ji MR, WM. A. COOK. ‘Mr. Wm. A. Cook stated that the decision of Chief Justice Bingham was nothing more or lees than he had pointed out years ago to the district attorney's office would some day happen when the authority of the deputy coroner was questioned. “But,” said Mr. Cook, a significant shrog of | his Scalders “they thought I didn't know what I was talking about, and went abead, The deputy clearly hud no —_ judicial suthority, and one who now stands commi upon his warrant and has not yet resi indicked ter undoubtedly be released upon a writ of habeas corpus” any ‘MR. H. BE. DAVIS. Mr. H. E. Davis said the decision was a sound one, but much that Mr. Perry said in argument was undoubtedly true. Ata coroner's inquest pibllc rumor takes the place of the formal \dictment or information upon which the trial of an accused person was ordinarily had. Where a person was brought by public rumor before a coroner's inquest that rumor repre- sented the public accusation very much as the more formal information or indictment did, and the person, in all fairness, was entitled to be present and be heard. Of course, the whole thing must, of necessity, rest ultimately in the sound discretion of the coroner, to be exercised in the t of all the circumstances. It would never do to embarrass and impede every coroner's inquest by the injection of counsel for every possible accused, but in extraordinary cases like this it would be a not unreasonable exercise of discre- tion in this coroner to allow a man to be heard against the possibility of having fastened on him such a terrible stigma as responsibility for such a setesteupbe, especialiy when the result might be his a a the action of ME. A. 6. WORTHIXOTOS. Mr. A. 8. Worthington said the decision did not surprise bim in the least. In fact, he had predicted that the court would refuse to rant the mandamus on the ground that the coroner bad the power to ex- clude any person who, in his opinion, retarded or interrupted the inquiry instituted By the coroner. he coroner was undoubtedly « judicial officer and could not delegate his judicial authority toany other person unless ‘authorized by statutory enactment to so do. ‘The inquest would. of course, have to be begun all over again, a new jury sworn, and so on. xB. HUGH T. TaGoART. Mr. Hugh T. Taggart, District Attorney Bir- ney's assistant, stated that the decis- ion undoubtedly prevented in the future the holding of an inquest by any other person that the coroner himself. The only thing remaining to be done, said Mr. Tag- rt, was to discontinue the inquest inaugurated yy Dr. Schaeffer and the inauguration of an en- tirely new ono by Coroner Patterson. OF course the same members of the jury could be sworn as the new jury, but ithe body of Mr. Chapin or that of some one of the victims of Friday's disaster would have to be exhumed and the new jury sworn over it, That, he supposed, would be done at the carlicet practicable time, \ Mr. Taggart explained that with the coro- ner's inquest the Districtattorney had no real connection until after a verdict had been rendored holding some one responsible. Then the district attorney would act upon euch finding and proceed to present the cnse to the grand, Jory. But quite independently Coroner, ir. Taggart, the district attorney's office bad ever since the accident been jucting a thorough fnvestigation | fn the "matter, and, whatever the "result crouceuon oti tus eacey instituted by the coroner, the District attorney would complete mgt the ition would be at once laid before the grand jury. ‘The investigation would be made as com- Plete and searching ae human ingenuity “and ‘bor could make it, and if any person or sons were ehown to be in any way respo1 an immediate prosecution would follow. sbesareli endieecee THE OTHEK SIDE. Clerks Who Wish to Be Heard in Col. Alnsworth’s Behalf. A number of the clerks of the wrecked build- ing on 10th street have this morning been sign- ings paper which is of considerable ao ance as marking # new move in the following the disaster. ‘The body of the letter, which is addressed to Deputy Coroner Schaeffer, oe From sccount of the testimony pub- iisbel inthe a, Gnlly, prose it has been ob- served that itnosses have been clerks, who g iy testified that they believed the Building “ole unsafe, yet they, as well as all the others employed therein, were unwill- ing to call the sltoution of thelr superior offi- cers to the fact, through fear of the conse- quences, Believing this to be unfair to all con- cerned, and in order to furnish any informa- tion that may tendte bring the whole mat- ter before the jury in its true light, we, the undersigned, respectfully request that at least some of us may be given an opportunity to testify to a contrary condision of affairs. ‘This request is made on our own responsibility and is entirely voluntary. The letter is signed by the following clerks: E. K. Lundy, George F. O'Hair, John C. Lind- ley, Chas, Gulager, Roswell W.' Fish, Stephen Duncan, EA’ Fenton, B. G. ’ Daniels, James ' W. Ww. Carter, B. Evans, B. Ru, E. Weskinn A.B, Keefer, Thow D. “anderson, M. Graves, O. A. Booth, Stephen Bates, G. E. Jones, W. Smoot, Elias B. Thompyon, Frank H. Hal D. Weaver, Stanton Weaver, T. E. Sewell, = E. Rankin, W. G. Crabbe, CR’ Owen, H. Dean, A.'J. Anderson, J. R. Imbrie, Wm. Ricketts, Jno. J, Veazie, D. G. Struble, Wm. Donaldson, A. J. Kime, John Chandler, 8. C. Pool, John Crawford, James Hews, 5. P. York, | ant Z. 8. Buckler, M. MeMurphy, Thos. C. Callo- way, James 'F. Kemp, Jasob Gotthilf, BR. Springeguth, P. G. Clarke. —_.—_ Passed His Examination. Capt. Wm. A. Kirkland, at prevent com- mandant of the League Island, Cal., navy yard today his examination for promotion and will become a commander as soon as Rear hich will probably Chapman, Jamey H. Dong, Ben. F. Wilkins,Geo. | l, THE COURT OF INQUIRY. ‘It Will Not Bogin Actively Until the Inquest ts Over. FUDGE ADVOCATE DAVIS 18 PREPARING A FRAME- WORK OF THE EVIDENCE HE DESIRES—FRIENDS OF SECRETARY LAMONT THINK THE CLEUKS SHOULD RELY ON HIS PROMISE OF PROTECTION. The army court of ingmry, appointed by Secretary Lamont, at the instance of Col. Ains- worth, to fix the responsibility for the terrible Jose of life at the Ford building on Friday, will ‘not enter actively upon its work until after the | coroner's jury of inquest shall haveconcluded its | investigation. The reason for this is that the witnesses necessary for the proper prosecution of the military investigation are also needed at the coroner's inquest. This is expecially the case with Col. Ainsworth. The military investiga- tion, for one thing, is to determine his official responsibility for the accident, and his presence is an essential part of the proceedings of the court, CIVIL PROCEEDINGS PARAMOUNT. As civil proceedings are paramount to mili- tary proceedings in times of pence, howsver, the military court must defer tc the action of the civil tribunal in this particular case. While | it bas been announced ‘hat no one is on triad <—— the coroner's jury, it is generally ac- that Col. Ainsworth occupies the posi-| pape ged principal defendant before that | body, His actions leave no doubt as to his | belief in the necessity for bis attendance on its deliberations. In view of this state of affairs | the army court will not begin its sessions until the civil investigation leaves Col. Ainsworth free to defend his official conduct before his military judges. PREPARING THE FRAMEWORK OF EVIDEXCE. Maj. Davis, judge advocate of the army court,is now engaged in preparing the framework of = evidence to be submitted to the court, is Deenge of who may able any light on the case. Hix idea is t summon only such witnesses as are necessary to a clear ‘tanding of the facts in the cas: and CLERKS NEED NOT FEAR Friends of Secretary Lamont are indignant over the report that clerks in the record and pension office are still afraid to testify before the coroner's jury while Col. Aine- worth remains at of record and pension office. “Why enll Se clerks fear Col. Ainsworth?"'said of the War Department today, “Is itp onrible that they do not know that he bas no power whatever todismiss them? All appointments and dismiseals in the War Department are | subject to the authori and Col. Ainsworth cs spect without his approv: has said that the clerks are perfectly free in this matter and that their testimony will in no wise their: tions. Col. Ainsworth has no diction in the matter. It is true he might posers | aclerk's or a reduction in his salary, but it would not be done uniess the secretary approved it, and I hope that no one has so pooran opinion of Mr. Lamont as to believe that he would lend his aid to such an act, especially after he has gone to the trouble of assuring the clerks that they shall be pro- - FROM THE WEECKED BUILDING. Preparations Being Made to Take Possession of the New Quarters. ‘The wrecked government building on 10th street is in charge of the quartermaster general, and his representative, Capt. Patton, has absolute control. The windows and doors are kept securely guarded, and there is no one admitted uniess with the consent of Capt. Patton. Today a force of workmen were in removing the brick which line the edges of the | floors, and threaten to fall at any time. The interior, however. will be left justas it was when the search for the dead was completed. Preparations are being made for the occupa- tion of the building on G street. A force of taken over ® the new building. It will be necessury to purchase about one hundred sail Sth; Goska to teks Gee phone of thems at were destroyed in the disastor. It is not known precisely when the work of the division can be resumed in the new building. It will probably be several days yet. The clerks who survived the wreck uninjured re- rt each day at the office in the building ad- Joining the Fained building, where the chief clerk, Mr, Brown, bas bis office. It is believed that the lors of papers will be very slight. The papers of value are the com- Fany rolls which were being copied. A large quantity have been recovered from the wreck, 2nd it fe thought, thet there are copies of the missing rolis either in the main in the War Department or else in the files of the of- fice of the eccond auditor. Word was received today that H. M. Shannon, a clork who was in the building at the time of irre Stam the other day, has been forwarded to the War Department for the use of the court of inquiry. ————— ‘The Emergency Hospital Patients. All the patients at the Emergency Hospital show signs of improvement today, and with the exception of Mr. Ames and Mr. Metoalf are = | new beyond the danger point. Mr. Pensing- ton is so much better that arrangements have been made for his removal to his home thisafternoon. It is not likely that any of the others will be moved for aday or two yet. There is strong hopes for the recovery of ail of Capt, Jno. A. Miller, who was so injured in the terrible disaster of last Friday, tx at the residence of bis son-in-law, Upton Ridenour, Je, No. 1611 O street northwest. atlas ‘2 Fourth-Ciass ‘The total number of fourth-class appointed today was ninety-four, of which ‘Ordered Out of Commission. ‘The wooden ship of war Essex,which recently returned to this country after several years’ seavice on the South Atlantic station and is figure on the navy list, 1 in the future, for she is to be sent to Newport for use as a training ship for gunnery practice by the naval apprentices. She will be over- hauled and re} at ronda! Fi and her old battery of muzzle loaders piace to an armament of rapid-fire guns. Important Ruling on the Chinese Law. A special from Boston says: Assistant Secre- tary Hamlin bas just made an important decision on the Chinese law. A Chinese laundryman of | Wakefield, who has complied with all the con- ditions of the Geary act, has acquired # com- petence and wishes to go home to China, see his folks and eventually come back. The ques- M. | tion arose as to whether or not he would be al- on his return. His lawyer wrote to Secretary | Carlile and received this answer from Aasiat- t Secretary Hamlit nnd pare ts lafermn pou Guha Ghleun howe who bas registered under the act of May es 1892, and departs from bag nencrapony Inborerd are prohibited by la | are pl icon inting. the United States.” zi e+ —___ ‘The Alliance at Panama. The Navy Department is informed that the SONS OF VETERANS. W. A. Butherland Chosen Colonel of the Divisio. THE MADNESS OF A FARMER'S WIFE. China to Retaliate for the Geary Act. RUN ON A NEW YORK BANE. aonewveneniibiommenmescio SONS OF VETERANS MEET, Representatives of Local Camps in Session at Wilmington. Special Dispatch to The Evening Star. Wnanxorox, Det, June 14—The Maryland division of the Sons of Veterans is bolding ite seventh annual convention in this city. The 500 delegates representing the camps of Mary- land, District of Columbia, Delaware, North Carolina, South Carolina and Virginia settled down to bard work yesterday afternoon. From the firet there was a lively contest be- tween Capt. William A. Ratherford of Wash- ington and Senior Vice Commander John H. Harkins of this city. The reporte of Quartermaster E. C. Walme- ley and Adjutant Miles W. Rose showed that the year's receipts amounted to €96,587 and the ‘expenditures to €74,821. adjutant re that there are thirty- six camps in the division, a gain of ten camps and 200 embers during the year, The division wnow better off financially and numerically than it ever was, EUTUERFORD ELECTED COLONEL, Officers were elected ws follows: Colonel, W.. A. Rutherford of Washington, D.C.; heutenant Jectonel, J. 7. White of Easton, May | major, C. H. Trusty, Centerville, Maj cousul, PP. ie Wi Lit D.C.; R. W. Foraker, of Northeast Maryland, and Judge Malvin. Delegntes at large to the convention to be Leld at Cincinnati, Capt 0. L. Shues of Washington, D.C. Alternates: E, R. Serpold of Marsland’and J, P, Turner of Washington, D. . ‘ice Commander kins of Wilmor, received only twenty-one votes, All the new officers will be installed next convention place selected this —— Pankensnrna, W. Va., June 14—Mre. Philip Kerch, the wife of a well-to-do farmer near Pleasant Hill, this county, murdered four of ber children yesterday and then suicide. Mr. and Mra. Kerch bnd lived on sixteen years nnd moved there They bad eight children, the Mollie, was seventeen veare For some time Mra. Kerch choly and frequently said she would die ea | ? i z i H if i After Ginner Mra. Kerch went to Mi quietly said to her. who was at work in laundry: “Ihave given Jobunie and poison and we will all Jump into the wal.” Mollie remembered ‘that a bottle of shan on bo ton boun Seok chine 00 fo where it had beon kept. It was gone, when she returned to where her mother she raw het throw the ten-months-old baby F ge : I 5ik ted the crazed preven wore Geaperate strane 4 A te, mother “and daughter, but. the infuriated wowan broke loose and jumped into the well, which had eight feet of water in it Mr. Kerch was absent from home at the tiene of the tragedy. CHINA TO RETALIATE. An Embargo Laid on American Meressne in Amoy. Vicon, B. C., June 14.—The North China News, received by the Canadian Pacific liner Empress of Japan, which has just arrived, states that the recent a, by Heo Tontai of Amor against the sale or use of American kerosene in his jurisdiction is the first step toward retalistory measures everything American in the event of the act being enforced. Canton and Swatow will immediately follow the examples set by Amoy. FAINT-HEARTED DEPOSITORS. They Began a Run on Irving Savings Ineti- tution in New York. New Yorx, June 14.—A ran started on the Irving Saving Institution this morning almost as soon as the doors of the place cad Warren street were open. In the paying ‘eller bad ‘at 67,500. rene. urer G. E. Latimer hand €1,000,000 and could get that much more if necessary at « momont's notice. cinls, and paying teller. are beld the disaster, and from whom no report had - been received except that be- | shortage, the first two named baving “over- lieved to be uninjured, bad hag isjured fn in| drawn their accounts and the third “ab- the right shoulder, and also had stracted funds.” cuts om the eed. ithe list of the dead, the fo- jared and the uninjured, which was printed in = steep in hie letter to Mr. Rhodes that he intends to utilize the the burros, not os pack snieania but also as moat on the bis dogs As soon as the loads become re- tuighon taba bersenn te dispensed with be will be killed and fed to the dogs. ———— A Village Wiped Out by Fire. Graxp Rarips, Mice., June 14—A to the Democrat says: Aiba, a village of population in Antrim county, was destroyed by fire yesterday 2 Devris's town can be had. as Death of Gen. Campbell, ©. 8. A. Jacksox, Texx., June 14—Gen, A. W. Campbell died at his home here last night of cancer of the throat, aged sixty-five years. He was a brigadier general in the confederate army, was a member of the constitutional convention of 1870, and a peewee eal candidate for gov er DOr on several occasions sain To Reproduce the Treasury in Silver. Cmrcaao, June 14.—The council of adminis- tration has indorsed Ferd. W. Pecks plan tore- produce, in Columbian souvenir coins, the United States treasury building at Wash- building wall The silver in the course of day, and be wants to pute “rod im Fometrae. grat