Evening Star Newspaper, April 6, 1894, Page 1

Page views left: 0

You have reached the hourly page view limit. Unlock higher limit to our entire archive!

Subscribers enjoy higher page view limit, downloads, and exclusive features.

Text content (automatically generated)

THE EVENING STAR PUBLISHED DAILY EXCEPT SUNDAY. AT THE STAR BUILDINGS, 1101 Pennsylvania Avenue, Cor. 1th Street, by The Evening Star Ne S.H. Kal ‘Now York Offee, 88 Potter Building, ——__. made known on appii-ation Che Lvening Star. paid tasdvance.| Wor 84. No. 20,852. WASHINGTON, D. C., FRIDAY, APRIL 6, 1894—TWELVE PAGES. ‘') Am index to advertise- ments will be found on Page 3. TWO CENTS ——————————————— NEARING THE END! The Closing Testimony in the Breck- inridge Trial. POLLARD'S INDIGNANT DENIALS Lawyers Go on the Stand to Ex- plain Matters. ARGUMENTS NEXT WEEK When Judge Bradley’s court opened this Morning there were hardly a score of spec- tators present. Before the morning was far advanced, however, the seats in the court oom were all filled up. Both the defendant and the plaintiff were prompt in their at- tendance. As the case draws near the close the testircony given is somewhat frag- mentary in character, offered to meet some point that has been brought up in the case. Today the item of chief interest brought out was the contents of the mystertous slip of paper pinned, as Miss Pollard said, on the clothing of her baby when it was sent to the foundling asylum, February 8, 1888. Whis read simply: “Please name my baby Dietz Downing.” There was testimony of Dr. Parsons and of Mary McKenzie, the midwife, which showed that Dr. Parsons had written the slip, and that the baby was born and was sent to the asylum. No ex- planation, however, was given in the testi- fMony as to the name on the slip. Miss Pol- lard said she wrote or dictated the name of “Diest Carlyle.” Mary McKenzie said she knew Miss Pollard as “Mrs. Hall.” She never saw “Mr. Hall,” as she avoided see- ing him when he called. She remarked si! had never seen him until today, and she “recognized him by the child.” She did not Indicate, however, who the man was. The Christmas card and the Washington Irving works played a large part in the morning’s testimony, as Mr. Carlisle and Mr. Johnson, of plaintiff's attorneys, went on the stand to describe what occurred at the visit to the Norwood Foundling Asylum, when the card ‘was found in the book. This was to meet the intimation in the testimony of the de- fense that the card was placed in the books ©n the occasion of that visit. It was expected when the court met to- day that all the testimony would be in to- day. The trial will be adjourned today until Monday, when the arguments to the jury will be made. Judge Bradley’s inten- tion is not to permit any extraordinarily Jong time to be consumed in argument. Probably not more than two or three days will be allowed, and this time will be di- vided between the counsel for plaintiff and @efendant. Mr. Butterworth will close for the defendant, and Mr. Wilson for the Plaintiff. Just before the noon recess Miss Pollard Was called to the stand and questioned about various statements made by the de- fendant, and by other witnesses for the defense, derogatory to her reputation. Her voice had an indignant inflection as she made her denials of some of the statements made by the witness, and then again drop- ped to the same low musical key which marked her testimony when under cross- examination by Mr. Butterworth. Dr. Mary Parsons Recalled. When Judge Bradley opened court this morning there were not more’than a score of spectators present. Dr. Mary Parsons Was called to the stand and shown by Mr. Carlisle the record book of the Washington Foundling Asylum, produced yesterday by Mrs. Leidy, the former matron of the in- Stitution. She was shown the slip of paper pasted in the book at the point where there Was a record of the admission of Dietz Downing, and asked if she could state in Whose handwriting it was. Mr. Shelby objected to this, as the Was not in evidence. He said they did not claim that the writing was by plaintiff, and they did not disclaim anything. would be willing to let the bars down for any testimony of this kind, if the slip were agmitted to evidence. Judge Bradley said the slip had not been admitted in evidence. The evidence before th= jury was that there was a slip in the book and a name on the slip, but no evi- dence as to what that name was, Mr. Carlisle's question was not admitted. Dr. Pa 1s Was then asked what became af the chiid born to the plaintiff Februa: 3. Lass. ue said it was taken to the Found- ling asylum on 15th street by witness and Mary Mckenzie. They went in a cab and witness remained in the cab while Mary McKenzie went in and took the child. Who Wrote the Slip of Paper. Mr. Wilson asked that they be permitted, provisionally, at this time, to prove in whose handwriting the slip was, subject to the future developments of the case. If the slip were not admitted, then the testimony could not be used. Mr. Shelby resisted this, and said he knew of no rule that would permit counsel to Prove a fact provisionally about a matter concerning which there was already some testimony before a jury. Mr. Wilson id, in the course of argu- ment, that he offered this writing for iden- tification, just as the defense had offered letter after letter to Miss Pollard for identi- fication, and to be used subsequently in testimony Judge Bradley admitted the testimony, and Dr. Parsons then identified the slip as fn her own handwriting. On cross-examination by Mr. Shelby, the Witness said she wrote the slip on the éven- ing of February 3, 1885, and handed it, she thought, to the nurse, Mary McKenzie, to be ¢arried to the asylum with the child. Mr. Shelby then asked the witness to ex- @mine the slip further and state whether there were pin holes in it. “There are pin holes in it,” said the wit- ness. Mr. Shelby then offered to read the slip in testimony, and Mr. Wilson objected, as he Said it was shown that that was not the act Of the piaintiff. Judge Bradley, however, admitted it, and Mr. Shelby read the words on the slip, which Were as follows: “Please name my baby Dietz Downing.” The witness in reply to questions by Mr. Wilson said it was between 7 and 8 o'clock fm the evening when they took the child to the asylum. Witness recognized a col- ered woman in court as Mary McKenzie. Mary MeKenzie’s Evidence. Mary McKenzie was then called to the Stand. She said she recognized the plain- tiff as a woman who was at her house, 505 2d street, under the name of Mrs. Hall. Mrs. Hall was suffering with heart trouble and was confined there. She testified to ing with the baby with Dr. Parsons to the “sayin. old the ladies at the @sylum that found the infant at her door. W . Hall was there she Feceived vis ‘Mr. Hail,” but wit- did not see him. Mrs. Hall occupied the front room on the first floor. Witness did not him or have any curiosity to fee him. She had opportunity of seeing him if she had desired. The witness cre- ated a sensation by saying: “I never faw him before now, but I recognize him from the child.” The witness to state her reasons for avoiding seeing Mr. Hall, but this was ruled out. Mrs. Minear Further Quest! Mrs. Lucretia Marie Minear, who keeps the bearding house on Lafayette Square, &nd who was on the stand when the trial @djourned last evening, was then recalled | to the stand, Mr. Carlisle examined her further. He produced the book in Which Mrs. Minear kept her accounts, and ‘Mrs. Minear suid that in the book there was was asked | | | Carlisle said that Miss Pollard ‘They | @ record in 1892 reading “Miss Poll August 31." This indicated, she said, that Miss Pollard came there that day; a record Sept. 21, 1892, that Miss Pollard ‘returned; @ record on November 11 of some $30 paid for board. Mrs. Minear said that Miss Pol- lard paid by the week most of the time, and there was no account made of it. On cross-examination Mr. Shelby called atten- tion to a record, “June 2, 1802,” and asked if that meant that Miss Pollard came there that day, and Mrs. Minear said it must in- dicate that. During that year, she said, Miss Pollard came there at intervals. Mr. Carlisle Becomes a Witness. Mr. Calderon Carlisle, one of Miss Pol- lard’s counsel, then took the stand, and the four volumes of Washington Irving's works, one of them containing a Christmas card, were placed before him. He was asked by Mr. Wilson to state what he knew of the Washington Irving’s works and the Christ- mas card. Mr. Shelby objected, stating that all the bet poosmpta of the finding of that card been gone into in the examination in chief, his memory being that the plaintiff had gone into it fully. Bradley said that Sisters Agnes and on ger had, in their depositions, in- s{nuated that Mr. Carlisle or Mr. Johnson had put that Christmas card in the book. Mr. Shelby said he did not think that in- ference was necessary. The inference was that some one, not necessarily Mr. Carlisle or Mr. Johnson, had put it there. Judge Bradley said he doubted whether anybody believed they did put it there, but he thought Mr. Carlisle and Mr. Johnson had a right to relieve themselves of the im- putation. Mr. Wilson urged that the defense had not only offered the testimony of these s! ters, but had gone further and put Dr. Schaeffer on the stand to attempt to show that the card had been in the book but a short time. He said he seldom consented that counsel associated with him should take the stand, but in this case he believed it was just. Judge Bradley admitted the testimony and Mr. Shelby noted an exception. The Finding of the Christmas Card. Mr. Carlisle then said that on the only occasion he was ever in the Norwood Foundling Asylum in Cincinnati, December 28, 1898, Miss Pollard and Mr. Johnson were present. The only sister who was present at the time, Sister Agnes, took the four books from the shelf of a bookcase. He examined the books, and in one of them found the Christmas card, which he had never seen before in his life. The books had not, at that interview, been touched by any one except Sister Agnes and himself. The card was lying flat in the book with some dead and pressed flowers. The cor- ners were not then rolled or turned down. He examined the writing on the card then. He was the only person who could have placed the card in the book, and he denied that he had done it. Mr. Shelby cross-examined Mr. Carlisle, having him describe very particularly all the incidents that occurred at that visit. He repeated that the books, from the time they left the bookcase until he took the card out,were in nobody's hands except those of Sister Agnes and himself. Mr. Carlisle said he had gone out of the reception room, where the bookcase was, with Sister Augustine, to an adjoining room to examine some records, and was there about five minutes, Miss Pollard, Mr. John- son and Sister Agnes remaining in the re- ception room. Mr. Carlisle said that in Sister Agnes’ de- position she said she had at first found only three volumes on the shelf and then Mr. Carlisle found the other. Mr. Carlisle said he had no recollection of taking down one of the books himself. His recollection was that the sister had taken down all four of the books and laid them upon the table. Questioned by Jurors. ‘The jury showed considerabie interest in this testimony. One of them asked Mr. Carlisle whether this examination of the Washington Irving books and the finding of the Christmas cards took place before or after he went out to look at the records. He said his recollection was not certain as to whether it was before or after, but he thought his memorandum would refresh his) memory on that point. Mr. Carlisie there- upon sent to his office for the inemorandum referred to. Another juror asked in which one of the volumes the Christmas card was found, and he said he believed it was the second vol- ume. The juror desired to see the volume and it was handed to him. Mr. Carlisle said in reply to Mr. Shelby’s question that Sister Agnes, if correctly re-/ ported, was entirely mistaken in her ac- count of what occurred at the finding of the Christmas card. Sister Agnes repre- sented that she heard Miss Pollard say,“‘Oh, here it is,” and turning saw Miss Pollard with the Christmas card in her hand. Mr. stated as the card was found and before the writing on it was seen that it was given her by Mr. William Seymour Davis of Lex- | ington. The card had written in one corner the words, “Compliments of W. S. D.” When Mr. Shelby finished Mr. Carlisle said that when they were about to leave the | asylum he placed it In the book where it) was found, gave it to the sisters and asked | them to lock up the books, as they might} be wanted. He had not again seen the card | until he saw it attached to a deposition in this case. Mr. Shelby read Sister Agnes’ description of the Christmas card as found—that the edges were turned up and it looked as though it had been rolled up in a package, and not as though it had been in a book for nine years. Mr. Carlisle said that he noticed no such appearance. It was, he said, perfectly flat when it came out of the book. He thought Sister Agnes’ description was inaccurate. Mr. Carlisle. having obtained his mem- orandum, said in reply to the juror’s ques- tion that it was after he had gone to look at the records that they got the books from the bookcase. The bookcase was not open. The door was open, and he heard a contin- uous conversation. Nothing was said about the books. Sister Agnes opened the book- | case. His impression was that Sister Agnes turned the key. The door, when opened, made enough noise for him to have heard if it had been opened while he was in the adjoining room, and for that reason he did not believe it had been opened. Mr. Johnson Also a Witness. Mr. Wm. G. Johnson, one of the lawyers for the defense, was next placed upon the stand, and asked if he carried the Christ- mas card In and put it in the book. He said he was present when the card and veil were found. He did not put either into | the book, nor did he carry either to the house. The first time in his life that he ever saw the card was shortly after last Christmas, when he visited the institution in company with Mr. Carlisle, Miss Pollard | and Miss Pollard’s brother. The latter did | ret enter the building. The three who did enter the building remained in one room all the time, ex-; cepting on two occasions. During the con. versation witness was near the window. Miss Pollard was in a chair by the door opening into the hall and on the opposite side of the room from the book case in. which were the books in question. While | they were so seated the books were handed to Mr. Carlisle. Still seated, Miss Pollard said that it was her recollection that she had received a Christmas card from a Mr. Wm. Seymour Davidson; that she might have left it In one of the books, and suggested that they look for it. They did! so, and found the card, with its wrapping | and the veil, in the second volume. No one opened the book case while Mr. Car- lisle w: out of the room with Sister Au- gustine. A rubber band was placed about the books, which were left in care of the rs, with rigid directions to keep them intact. Mr. Johnson was asked how and by whom the books and the card were sepa- rated. In answer to an objection, Mr. Wilson commented upon the fact that the card came in evidence in connection with a deposition for the defense. Mr. 8toll stated that the books were removed from the asylum by the examiner, with the consent of the sisters, and after the card | had been removed from the book. Mr. Johnson was not cross-examined. Miss Pollard Again Recalled. | Miss Pollard was then called to the stand again by Mr. Carlisle and asked if she ever knew a woman called Mollie Shindlebauer. | “I never did,” she said. | “Did you ever see such a woman?” | “To my knowledge I never did,” she said. | «Continued on Second Page.) | attempt to restore it. Gov. Tillman Welcomes Their Ar- rival at Columbia. ADDRESS FOLLOWED BY SILENCE Narrow Escape From Trouble at Florence. THE PHOHIBITION MOVEMENT Special Dispatch from @ Staff Correspondent. COLUMBIA, 8. C., April 6.—Gov. Till- man has declared the insurrection at an end, and the troops have been withdrawn from Darlington and Florence. The pos- sibility, therefore, of a collision between the troops and the citizens is over. The Probability of serious collisions between the constables and the citizens is more imminent for the next few days than at any time since last Friday's battle. The wrecked dispensary at Florence still exposes its shattered windows and empty shelves to view, but the constables will I was assured by the citizens of Florence last night that they would not permit this to be done under ex- isting conditions, and that armed resistance would be offered the constables as soon as they attempted it. Two constables arrived in Florence last night, but thus far have confined their work to watching the rail- read station, to which there is no objection. Gov. Tillman thinks he has won a victory; in fact, he has not won anything. The trouble was over before the troops arrived. They have accomplished nothing, and the only result has been to put the state to an expense of $25,000 and increase the irrita- tion and anger of the citizens by an unnec- essary and wanton display of force. “The expediture of money,” said Gov. Tillman last night, “does not amount to a row of pins compared to the good which will result from a show of the state's au- thority.” Conservative people think he is wrong in that opinion, for one fact was thoroughly established at Florence and Darlington, which was, that while the troops had re- sponded to his order to go to those places, nine men in every ten were determined not to obey any orders to fire upon the citizens. The moral effect, therefore, of the display of force was lost when the order to withdraw the troops was read at dress parade at Darlington last night. The men gave three rousing cheers, not for the governor and his staff, but for “the mayor and citizens of Darlington.” The troops left Darlington and Florence early this morning for Columbia. ‘There was much interest in their coming, and the people speculated upon Tillman’s next move. Prohibition Convention Called. A sensation in state politics was created here when it became known last night that a meeting of the executive committee of the prohibition party was held in this city. late in the afternoon, and a convention called for June 7, to announce the entry of the prohibition party into the approaching state campaign. The action is of the ut- most significance, coming at this time, and is hailed with delight by people of all classes, except the most ultra-Tillmanites. One of the most thoroughly posted men in state politics and a leading citizen of Columbia explained the situation this morn- ing, as follows: “The prohibtion movement is of great significance for this reason: The prohibition ranks will be augmented by anti-Tillman- ites and people of all classes who are against sumptuary laws and the dispensary law in particular, but who will recognize in the prohibition movement the possibility of defeat for the dispensary law and a step toward ultimate compromise on high license. Many men who voted for the dis- pensary law out of a desire to regulate the liquor traffic will gladly turn to the new movement. We see in this movement an opportunity to get away from Tillmanism and on the road to a compromise, which will result in practical and feasible regu- | lation of the liquor trafilc. At any rate, as an alternative the majority of the people of | this state would prefer absolute prohibi- tion to the dispensary law as it now stands.” Return of the Troops. The returning troops arrived at Colum- bia at 12:30, disembarking at the peniten- tiary gate. Gov. Tillman made them a short but dramatic address, in which he Praised them for going to Darlington, closing with the statement: “It is time for this bitterness to close and for all to be united for the honor and glory of South Carolina.” An awkward silence ensued, and, al- though there was a large concourse of peo- ple around, not a murmur of approval was uttered. After a few moments one man standing near the governor attempted to raise a cheer, but the sound died away, and the crowd laughed at him. The constables (McLennan and Cain) who were convicted by the coroner’s jury yes- terday of killing the citizens were escorted to the penitentiary and turned over to the civil authorities. Nearly Had a Row. Another battle seemed imminent for a few moments at Florence last night. Constable McLennan left his military guard and en- tered the hotel for supper. The proprietor ordered him out. There seemed to be a general apprehension of trouble, and half a dozen men drew their pistols, while a man tarted to turn out the lights. McLennan walked out without a word, however, and returned to the armory. Special to the Associated Press. Quiet Again at Darlington. DARLINGTON, S. C., April 6.—The troops evacuated Darlington and Florence this morning, and the quiet that now prevails here is exceedingly monotonous. The mayor, sheriff and coroner have been placed in authority again and the embargo on the telegraph office has been raised. The statement is reiterated on very good authority that the dispensary law has been found unconstitutional by a majority of the state supreme court. —_—_——__ Today's Nominations, The President today sent the following nominations to the Senate: Postmasters—Xelpho F. Beidler, Mount Pulaski, Ill; John M. Higgs, Connersville, Ind.; John Lynch, Liberty, Ind.; Wm. Clar- dy, Purceil, Indian Territory; Bushnell Dan- forth, Williamstown, Mass.; Henry Roeser, Marietta, Ohio. Interior—Lycurgus R. Woodward of Cali. fornia, to be a commissioner in and fo the district of Alaska, to reside at Oonalash- ——— Medical Representatives. The following-named officers are detatled to represent the medical department of the army as delegates to the Association of Military Surgeons of the United States, to meet in this city May 1, 1894: Lleut. Col. William H. Forwood, deputy surgeon gen- eral; Maj. Robert M. O'Reilly, surgeon; Maj. Joseph K. Corson, surgeon; Maj. Wal- ter Reed, surgeon; Capt. John L. Phillips, assistant surgeon; Capt. Guy L. Edie, as- sistant surgeon, Demoorats Want to Talk Over the State Bank Question. A Numerously Signed Request to Chairman Holman—What a Poll of the Members Shows, Over 150 democratic members of the House today united in the following request to Chairman Holman of the democratic caucus for a caucus on the state bank ques- tion next Tuesday: “We, the undersigned, most respectfully ask that immediately upon the adjourn- ment of the House Tuesday, April 10, you will call a caucus of democrats of the House to consider the provisions of the democratic platform relating to the repeal of the tax imposed by the federal govern- ment upon the issues of state banks and state bank associations.” The caucus petition has been circulated by Representative Swanson of Virginia, who has also made a poll of the democrats on the state bank question. Concerning the move Mr. Swanson says: “The request for the caucus is the largest ever presented for a House caucus, which indicates the great interest felt in the subject. There are two elements favorable to the repeal of the state bank tax. One element wants unconditional repeal and the other wants a repeal with federal restrictions and super- vision around state banks of issue. Unless these two elements can get together on a compromise measure it will be impossible to pass a repeal bill; but if those favoring repeal will compromise their differences by uniting on a measure which both factions can support the bill can be carried in the House.” Mr. Swanson’s poll shows not more than 128 democrats favorable to unconditional repeal. But with those favoring conditional repeal, the poll shows a wide margin for repeal of the bank tax. Plans Proposed. Three plans are being considered for pre- sentation to the caucus. One is for the ap- pointment of a special committee to frame a compromise repeal and report it to a sub- sequent caucus. Another is to enlarge the present committee on banking and currency so as to make it responsive to the desires of a caucus on a repeal of the state bank tax. Thus far the committee has been in a dead lock over a number of repeal bills, and the question has been indefinitely tabled. The enlarged committee would have repeal majority sufficient to report a compromise bill, A third propesition is for the mittee on rules to take charge of the sub- ject and arrange for a plan for getting the question before the House. One of these three plans will be adopted. Speaker Crisp’s name is among those signing the request for a caucus. The other names include the leaders on the democratic side, among them Representatives Culber- McMillan, Outhwaite, Cox of Tennes- , Springer, Dockery and Patterson. It is regarded as significant that en New York members, Cummings, Coombs, Dun- phy, Clancy, Warner, Tracey and Haines, have signed. MORGAN'S PLAN, To Make Examinations Necessary for State Department Service. Senator Morgan's bill for the reorganiza- tion of the State Department has created comsiderabie comment. The purpose of the bt is to take the foreign service and the department work out of politics, to pro- vide an educational qualification for ap- pointment, to make the service continuous and to provide for promotions. Admission to the service is only to be obtained through an examination by a board to be appointed for that purpose, to consist of the commissioner of education, two professors of public law from leading universities and two officers of the de- partment, which examination is to cover general history, history of the United States, constitution and international law, SENATOR political economy, geography, arithmetic, English language and either German, French, Spanish, Italian or Russian. Per- sons who pass this examination are to be eligible to appointment to the lowest grade in the service. Persons now in the service are to undergo this examination as well as applicants for appointment. No grade is to be overstepped {n making promotions. Positions in the department and in the foreign service are to be interconvertible on the same grade. Removals are to be made only on proof of misconduct or inefficiency. No one be- low twenty years of age or above fort: five is to be eligible to appointment. Only the Secretary of State, the first assistant | secretary, the solicitor of the department, ambassadors, envoys extraordinary and ministers plenipotentiary and consular agents are to be exempt from the examina- tion requirements, except private secreta- ries, messengers and laborers. The bill provides for positions, for which the examination prescribed will be neces- sary and the salaries to be paid. There is to be one second assistant secretary of state, $3,500; one third assistant secretary, $3,500; one chief clerk, at $2,500; one trans- lator, 100; six chiefs of bureau, at ; eight clerks, at $1,800 each; ten clerks, at $1,600 each; twelve clerks. at $1,400 each; twelve clerks, at $1,200 each; twelve clerks, at $1,000 each. Offices in the consular service: Fifteen consuls-general, at $5,006 each; twenty consuls-general, at $4,000 each; fifty consuls, at $3,000 each; eighty consuls, at 0) each; 100 consuls, at $2,000 each; twent; ht vice consuls, at $1,500 each; thirty vice consuls, at $1 each. And in the diplomatic service: Two ministers resident, at $7,500 each; five min- isters resident, at $6,000 each; eight secre- taries of legation, at $3,000 each; ten sec- retaries of legation, at $2,500 each; twelve secretaries of legation, at $2,000 each. Con- suls are to receive no pay beyond the sal- | @ry fixed, the national work done by them being a part of the service required. Two hundred consular agents are provided for, who shall receive not to exceed $5,000 each per year in fees, CAPITOL TOPICS, Senate Executive Session. The Senate spent the entire thtee hours of the executive session yesterday in consider- ing the nomination of H. W. Long to be register of the land office at Gainesville, Fla., which was at last rejected by a vote of 16 to 32, There were several motions during the afternoon, one of these being to recommit and another to postpone for two weeks. The majority against this was only five, that being the closest vote of the ses- sion. N. D. Wainwright was confirmed for re- ceiver at the Gainesville, Fla., office with- out objection. After the confirmation of a batch of post- masters, Mr. Morgan called up the Chinese treaty, which was read, but no further ac- tion taken. Mr. Perkins (Cal.) gave notice that he intended to offer some amendments to strike cut the parent, wife and child clause and the debtor and creditor provision of the convention, which, he said, was a fatal weakness in the treaty and formed a loophole through which the very thing sought to be prevented would be accom- | plished. Interference With News Dispatches. At today’s meeting of the House com- merce committee Chairman Wise called at- tention to the Grosvenor resolution thorizing the committee to investigate the |reported interference with the transmis- sion of news dispatches during the late troubles in South Carolina. At the request of Representative Storer the consideration of the resolution went over until Wednesday. |To Prevent Gos cration of the Flag. | Representative Layton of Ohio was au- thorized by the House committee on the judiciary today to report Representative Caldweil’s bill to prevent the desecration lof the United States flag. au- | full Senate. Inominated by the President to the office of |THE TROOPS RETURN|CALLING A caucus OPPOSED TO TAYLOR The Senate District Committee Votes Against His Confirmation. A HEARING HELD THIS MORNING A Strong Expression Against Ap- pointments of Non-Residents. HOW THE COMMITTEE STANDS If it depends on the action of the Senate District committee Mr. Charles H. J. Tay- lor of Kansas will never draw the salary of the office of recorder of deeds of the District of Columbia. The Senate commit- tee on the District of Columbia this morn- ing, after discussing the nomination for up- ward of an hour and a half, took a pre- liminary vote, which resulted in two votes being cast in favor of the nomination and four against. As there were only six Sen- ators present, just a quorum of the com- | mittee, {t was decided to leave the ques- tion open for the present, so that the re- maining members of the committee might record their votes informally without a further meeting being called for the pur- pose. The affirmative votes this morning were cast by Senators Harris and Martin, | while Senators Hunton, Gibson, Gallinger and Proctor put themselves on record as unalterably opposed to the appointment to | a District office of any one from outside of this vicinity. Protesting Against Confirmation. ‘When the meeting hour arrived this morn- ing there were present only Senators Harris and Hunton. Mr. M. I.Weller, accompanied by Mr. William Holmead, chairman of the democratic central committee, was present to urge the rejection of Mr. Taylor on the ground of his non-residence. Mr. Fred L. Siddons was also present for the same pur- pose, as representing the real estate and le- gal interests of Washington. By 11 o'clock Senators Gallinger, Martin and Proctor had arrived and it was agreed to start the hearing with five Senators pres- ent. Mr, Weller made a brief statement, based upon the resolutions of the Sena adopted February 7, 1887, in relation to the Matthews case. He asserted that the sense of the District people was that a local man should be named for a local place. He pointed to the democratic platform adopted at the last national convention, which, he said, more definitely pledged the party to home rule than did the platform even of 1885. If the President, he continued, in- sisted upon breaking these pledges the Sen- ate should see to it that the people of the! District should not suffer in consequence. He thought the precedent established in the Matthews case sufficiently covered the pres- ent instance. Mr. Holmead pointed out the fact, which, he said, could not be controverted, that nine-tenths at least of the District property owners and genuine residents of the city are opposed to these importations of outside people to fill such a particularly local office as this. Business Interests Involved. Mr. Siddons declared that the system of appointing outsiders to the office of re- corder of deeds has resulted very badly for a local interest, for it requires, he declared, a certain knowledge of local real estate matters to keep the affairs of this office in an intelligible condition, and it requires also, he thought, a local man with local pride to maintain the proper amount of decent regularity in the conduct of the establishment. He appeared as a lawyer, he said, and not as a democrat. He gave evidence that the continued practice of bringing in outside people to fill this office has almost demoralized the system, and has made a very unsatisfactory state of affairs. Senator Martin called attention to the fact that the nomination was supported by the only democratic daily newspaper published in this city. Mr. Weller asked the name of the paper, and Mr. Martin an- swered by producing a copy of the Morning Herald, containing an editorial announce- ment of Mr. Taylor's fitness for the pos!- tion. This demonstration produced no effect upon the delegation, and the com- mittee beyond a general smile, and Mr. Weller went on to say, after subduing his ristbilities, that he thought his committee had far more influence with the democrats of Washington than this publication. He said that he and Mr. Holmead represented the organized democracy of the District, which annually, biannually and quadren- | nially raised money and subscribed to the | democratic campaign fund. A Colcred District Democrat. Senator Martin asked Mr. Weller if the democrats of the District, in case of Mr. | Taylor's defeat, could name a suitable col- ored man, resident in Washington, for the position. Mr. Weller answered emphatically in the affirmative. He asserted that not only was there good material for the place here, but there was good democratic colored | material. He claimed that the office should | not be kept sequestered for colored men, but that the attitude of the District dem- ocrats in this matter was based mainly on the principle of home rule, and on that question they now opposed this nomina- tion. But if it should come to the question of selecting a colored democrat from the District, that matter could be easily settled. After 11:35 Senator Gibson arrived and completed the quorum of the committee. Soon after his arrival the three delegates left the committee room, and, when the doors had been closed again, Mr. Martin made an earnest appeal to the committee in behalf of his candidate, pointing out his fitness for the position and arguing that the office of recorder of deeds had by custom been given to colored people from outside of Washington. No formal reply was made to Mr. Martin, and soon afterward the commit- tee voted, with the result tok above. The Remaipring Votes. It is regarded as almost certain that when the votes of the committee have all been cast the majority will be found re- corded against Mr. Taylor. Mr. Martin must secure four more in order to secure a favorable report. The remaining votes will be cast by Senators Smith and Faulkner, democrats, and Hansbrough, McMillan and Welcott, republicans. The negative side are obliged to obtain only two more votes of these five, and it is understood that at least three of these Senators have an- nounced themselves as opposed to the prin- ciple involved in Mr. Taylor's nomination. Candidate Taylor was at the Capitol to- day. He formed a conspicuous figure in the statuary hall, where he established a sort of headquarters. He expressed him- self as confident that he would pull through all right. It is thought that the attitude of the Senators from Maryland and Virginia on the District committee will have much to do with the disposition of the case in the Senate. Both Senators Hunton and Gibson are firmly opposed to the nomination on the ground of home rule. Mr. Gibson es- pecially is acquainted with the temper of the people here on this subject and is thor- oughly conversant with the feelings of the District democrats. Having associated with local people for many years he is re- garded as almost as Senator from the Dis- trict, and this fact, it is thought, will have considerable weight in the fight before the A Lawyer's Objections. Senator Stewart has received from Mr. F. L. Siddons, a member of the Washing- | ton bar, a letter protesting against the con- firmation of Taylor. Mr. Siddons “As a resident of the city of Washington, and a lawyer engaged in the active practice ef the profession, and having occasion to spend much of my time in the office of the | recorder of deeds of the District, I claim the right to protest against the confirma- tion of Mr. Charles H. J. Taylor, recently recorder of deeds, and I now seek your as- sistance in preventing it. “The reasons for my protest are as fol- lows: This office was established in 1863 by a piece of loose and imperfect legislation, which has never been improved upon. The recorder is required to give no bond, make Do reports, and acknowledges no superior,but is in fact, in law entirely irresponsible. With such opportunities, the “spoils system” has been applied to the place with great effect, and the inevitable consequence has fol- lowed, the office being notoriously mis- managed, or, rather, not managed at all, for which condition of affairs, it ould be added, the deputy recorder is not respon- sible. It would be no exaggeration to say that there is no back county clerk’s office in the country, having charge of the re- cording of conveyances of land, that has cruder methods of conducting its business than has the office in question. “For the past ten years the office has been used by both parties as a bait to catch the colored vote. Self-styled or so-called ‘leaders of the race’ have been imported from various parts of the country to draw the handsome emoluments of the Place, in return for which they are supposed to or- ganize their followers into effective politi- cal organizations to support one man or party or another. “I do not wish to be understood as rais- ing a queston of color. I have no objec- tion to urge on that ground, although it does not plainly appear why this Office shculd be regarded as the especial property of the colored race. “It may be said that the appointment of a resident of the District would not make the office less a subject of the spoils sys- tem than the appointment of an outsider, While this may be true in a general sense, there would be motives of local pride, a better understanding of the needs of the office existing in the one case, which would be, in all probability, absent in the other. “Again, the nomination of Mr. Taylor is an unqualified violation of the ‘home rule’ Plank of the platform which the President pledged himself to observe. It is a con- temptuous disregard of the wishes of the people of the District of Columbia, which have been made known to the President in an appropriate manner, and finally, it is an attempt to provide with a lucrative office a man whom the Senate has already rejected for another place, and in this con- rection the people of the District should be informed why this man was considered un- fit for the position of minister to Bolivia if he is to be foisted on the community as recorder of deeds. “In our extremity the people of the Dis- jtrict can do no more than to appeal to those who, like yourself, ve the courage to denounce persons in high piaces who conspicuously fai! to do their duty. “I ask you to do what you can as Sena- tor to defeat this nomination.” AN IMPOSSIBLE LAW. The Act Regard to Purchasing Gov- ernment Supplies. Treasury cficiais have discovered anoth- er act ¢7 the present Congress that is prac- tically impossible of enforcement. It is the act approved Janbary 27, i804, relating to the purchase of supplies for the government. The act requires all purchases or contracts entered into by the government, whether at Washington or cisewhere, to be advertised for, except in cases where the emergency is such as to reyuire immediate delivery. This act is amendatory of section 3709 of the Re- vised Statutes and requires all proposals to be opened on the same day in Washington. It does not, however, limit the articles to be purchased to such as are to be used in the executive departments proper, and this feature, it. is asserted, is practically im- Possible of execution. As the act passed the House it contained words clearly indicating that the purchases to be effec were the ordinary miscellaneous articles used in thi departments here, or ordinary supplies f nished by the departments to their agencies elsewhere. But as it finaily became a law, all words indicating the original purpose of the act were stricken out, leaving the .mpli- cation that it should apply to ail purchases. Therefore, the furniture, fixtures and sup- plies for all of the huadred or more public buildings now in course of construction must all be examined by the government board here in Washington. This board, ac- cording to the terms of the act, is to consist of one of the assistant secretaries of the treasury, one of the assistant secretaries of the interior and one of the assistant post- masters general. This duty alone, it 18 said, would take the entire time of four sucn boards, and, besides, these men ere usually professional men, and are not supposed to have any expert knowledge of furniture und, therefore, could not be competent judges of it. The inspection and purchase of furniture for public buildings, however, will be only @ small part of the dues of this board. They wilt have to advertise for and pur- chase all supplies and stores for life saving Stauions; supplies and stores ter govera- ment ship yards; all supplies for the light house service; supplies for the coast and Beodetic survey, etc. They would have to advertise for and buy coal and supplies for War vessels, and the revenue marine ser- | vice, beside al! of the purchases for the ex- ecutive departments here tn Washing ston. The act makes no exemptions in cases where proposais for the next year lave already been received under advertis ement, and in consequence the expense and annoy. ance of readvertising will have tv be under- gone. In many cases contractors knowing tha: their bids were the lowest have ected under the assumption that the contracts would be awarded them have cone ahead with their work, and will therefore suffer great loss, and more than this, portant urdertaking will have to be mporarily abandoned ‘until the situation is in some |way relieved. The first controller of the jtreasury agree with the other officials that ®" agreement with the corporate authori- the act, as it now stands, is practically im- possible of execution, and Secretary Car- lisle has taken steps to bring the matter to the attention of Congress with a view to having the act so amended as to bring it within practical limits. 2+ —___ TO SECURE A QUORUM. Mr. Springer Hi Accom Prepared a R ish That Result. Many plans have been suggested to se- cure @ quorum of the House when a mi- nority of members oppose any particular measure. Mr. Springer of Illinois has pre- pared a rule, which he intends to offer at the first opportunity and endeavor to secure favorable action upon it. It pro- vides that: “Whenever, on a yea and nay vote upon any question, the record shows that no quorum has voted, the clerk shall again call the names of those not voting. When the name of any member who is present is called the Speaker shall state the question to him and ask him how he desires to vote. If he refuses to vote his name shall be entered on the journal as ‘present and not voting.’ In determining the result of the vote those present and not voting shall be counted with those voting in the negative. If those voting and those present and not voting shall be a majority of the whole House a quorun? shall be deemed as constituted, and the question shall be decided by the record as thus ascertained.” Provision is also made for enforcing the attendance of absent members. Sanat eCity THE EASTERN BRANCH BRIDGE. The Senate Committee to Report in Favor of a Survey. Senator Gallinger was directed today by the Senate District committee to report fa- vorably Senate bill 1112, providing for a sur- vey for a bridge across the Eastern brench of the Potomac. This bill appropriates $5,- 000 for the purpose of a survey, and as amended by the committee leaves to the Secretary of War the exact location of the bridge. There is some contention between the residents at Hillsdale and those of the country farther south and west as to the terminus of the bridge on the south shore. This will be determined by the engineer making the survey. + Mr. Wilson's Good Health. Wm. H. Wilson, son of Chairman Wilson of the ways and means committee, writes to Clerk Talbott of that committee that | his father has progressed so well that he is now in better health than he was when he Jeft Washington, SEVERAL DENIALS The B. and 0, Has Not Agreed to Elevate Its Tracks. THE RAILROAD HEARING CONTINUED Mr. Frizzell and Mr. Hamilton See Things Differently. DEATH TRAPS DENOUNCED The House District committee closed the discussion between the representatives of citizens of East and Northeast Washington and the attorney of the Baltimore and Ohio \railrcad concerning the proposed elevation of the tracks of the Baltimore and Ohio railroad today. Mr. J. W. Frizzell spoke for the citizens, and Mr. Hamilton repre- sented the railroad company. Mr. Frizzell spoke at some length, dwelling chiefly on the dangerous character of the srade crossings, and citing cases of accl- |dent and many narrow escapes by persons | crossing the tracks, especially at H street. | Mr. Frizzell spoke of the character of the citizens represented in the protest, and thea tcok up the questions at issue. Right to Alter. “Great stress is laid upon the rallroad’s right to be there,” he said. “Nobody dis- | putes that right, or we would not be here ‘asking you to make this change. I have ® right to be here, but thai right is limited to my good behavior and proper conduct.When | 1 become offensive 1 musi retire, and, anal- ogously, when this railroad becomes off | sive and inj Ss We ask what we conceive to be the proper remedy. To say that Con- ress 18 Wi! out authority in the premises, as the railroad company claims, would be to place said company in a very supreme Position 2bove the government of the Unit- ed States. Let me assume for a moment the conJith ‘hat we all read of as exist- ing in Philad ia and other cities where | companies een incorporated, who no Goubt cls rigats to inure to them with the of electric ratlways, whose ts upon the water and gas pipes | have 0 marked as to have been dis- | cussed i: ® recent congress of electricians | in this city, which from this highly scien- | Ufc standpoint undoulytediy demonstrates the injurious and dis us effect upon those pipes. Assuming Unis effect to be @ fact, it would seem to us the height of folly and impudence for any of those electric | companies w claim there no authority to abolish their vested rights. We do not, however, ciaim or ask you to avvlish the sforesaid ratiroad company, but we do ac- knowledge mit and acquiesce in the preposition that all railroad companies are important factors in the prosperity of any city, and that the Baltimore and Ohio has been to Washington a most generous bene- factor while it confined itself to the inter- ests of ihe people as a servitor; but when it undertakes to dominate the interests of the people, to destroy their lives and prop- erty, as is evidenced to you by the large memorial already presented to your com- mittee, we feel confident that this commit- tee and the Congress of the United States, jin the exercise of its inalienable powers, will do eyual justice to all parties We take | heart and enlarge our hopes upon the ac- tion already taken by tais honorable com- mittee in behalf of the people in your re- commendation for changes in the conduct of the gas company, as well as in the Me- tropolitan Street Car Company, who could with equal effrontery have claimed vested rights. A Death Trap. “Now let me call your attention to the death trap at H street and Delaware ave- nue, where the Columbia street cars cross the Baltimore and Ohio tracks. Just north of this point there is a sharp curve. om which the incoming trains can not be seen for a distance of more than 100 feet, and here and from this cause many per- sons have been crushed to death and many others maimed for life. To prevent a re- currence of these accidents, the rafiroad company has placed an electric bell, to give warning of an approaching train. This bell is operated by pressure of the care upon an electric button near 4éth street northeast, and, like all electric bells, is liable to get out of order, when such an event transpires a massacre of human lives will be the sensation of the hour. No human foresight can prevent such disaster as long as these tracks remain upon the surface, where they are, and the speed of steam cars is left to the recklessness and daring of the nervy engineers employed by the Baltimore and Ohio Company, who drive thelr trains around this curve and across the principal thoroughfare at the rate of thirty to forty miles an hour. The Law's Effect. “The attorney for the railroad compeny emphasizes the right of the company to remain where it is until 1910, when he very well knows that the only right that t company can claim as limited to that period is the right to use steam power for the propulsion of its cars, and this under tes of Washington, which is absolutely, as ‘Gen. Birney has shown, subject to si rules and regulations ‘as te the present any future Congress shall seem expedient” “Again, the learned attorney of the rail- road company has overlooked the plain language of the sixth section of the act of 1881, wherein Congress expressly reserved the right to authorize the construction of ‘such additional railroad or roads in connec- tion with the said road, so as to extend the | same road, or to construct others connected therewith, to such parts of the District, as from time to time may be required by the convenience of those parte of the District into which the said company are now re- strained from carrying said read.’ In the face of this language the railroad y now comes before you and says you have no power over them further than to require them to elevate or depress their tracks on the routes now traversed by them. “The attorney for the railroad company has also toid you that he lays no claim to being beyond the power of the Commissioners in respect of police regula- tions, such as fencing tracks, erecting gates and employing watchmen at crossings. He has not told you, however, that every de- mand made by the District Commissioners has been stoutly resisted &y the company and that they have erected fences along their tracks only after threats of compul- sion. He seems to forget, also, that he is now resisting, as he has resisted for the last six months, an order of the District Commissioners to the railroad company to inclose its tracks between H street and Florida avenue northeast. He tells you also that the company does not desire —— on grade crossings, but wants a little to determine the most convenient method of entering the city by an elevated way. ‘This is only in keeping with his course of conduct since he has been the attorney for the company and which he inherited from his wrederessors in “This subject is one that has come up time and time again in Congress and tn the courts, but the misfortune of having our j congressional committees change the per- | sonnel of their members so often has driven the subject over from one Congress to another, the members hoping to become more familiar with the conditions surround- ing them. It would seem to us now that the continuous service of several members of this present committee has familiarized them with many of the needs of our city, and we confidently rely upon their wisdom and willingness to remedy this chiefest of all our ills.” He further said that it was often heard repeated that the B. and ©. owned the District government. Certain the road resisted the exercise of lations by the District Commissioners, and | the citizens found it difficult to get comfort | out of the courts. Representative Post asked if it would not do to elevate the street at the H street crossing. Mr. Frizzell replied that the ‘Comunis- was that

Other pages from this issue: