Evening Star Newspaper, February 21, 1895, Page 1

THE EVENING STAR PUB) 1101 Pennsylvania Avenue, Cor, 11th Street, by The Evening Star Newspaper Company, 8. H. KAUFFMANN Pres't. Batt tlt New York Office, 49 Potter Building, Pg ee ae & — to subscribers in the y by carriers, om the re we pop Gk ir Coe at 10 cents counter 2 cents each. yu United States or Canada—post: "Saturday Quintuple Sheet Si urday ntuple: t Star, r foreign postage dete. $3.00. <<< (Entered at the Post Otice at Washington, D. C., @s secoml-class matl matter.) £7 All mail subscriptions must be paid in advance. tes of wdvertising made known on applivetion. The Fvening Star. | No. 13,094. WASHINGTON, D. ©. THURSDAY, FEBRUARY 2 1, 1895-TWELVE PAGES. TWO CENTS. Se proof of the pudding is in f6e eafing. Yesterday's Sar contained 42 cofumns of adverfisements, made up of 539 separate announce: ments. Bese advertisers fought pubficitp—nof merefp Space. THE SUPREME BENCH|S'VEW To THE JuRy IN CONGRESS TODAY Gossip as to the Filling of the Ex- pected Vacancy. THREE FROMINENT NAMES MENTIONED Lawyers Do Not Look fora Political Appointment. SUCH HAVE BEEN FAILURE The bill introduced by Senator Harris for the retirement of Mr. Justice Jackson of the Supreme Court has given currency to a good deal of speculation about the #resi- dent's probable course in filling such a vacancy, and this has not diminished with the revelation of opposition to the bill in the Senate. Judge Jackson's health ts poor, and the opinion is expressed that should Congress in the end refuse him the privilege of retiring under special act, he will retire by resignation. So that, through one means or the other, a vacancy is ex- pected on the Supreme bench within the next twelve months. Popular rumor associates the names of Secretaries Gresham and Carlisle and Con- gressman Wiiliam L. Wilson with such an appointment. It is assumed in political circles that elther of the two cabinet of- ficers named would be willing to exchange his prevent post for the black silk gown, and that in Mr. Wilson's case a life ap- pointment would in every way be welcome. ‘The three gentlemen themselves have given no warrant whatever for this talk, and the President, of course, ‘has been absolutely silent on. the subject. Secretary Gresham at the State Department and Secretary Carlisle at the Treasury Department indi- cate no thought of a change, while M. Wilson is reported to be considering sev- eral tempting offers in the line of an edu- cator’s duttes. ‘Talk but Lightly Regardeé. In prominent legal circles this talk is but lightly considered. The history of the appointments to the Supreme bench for the past thirty years is quoted as a reason why im the event of the retirement of Judge Jackson his successor would proba- bly not be a political leader of any grade. This history is thought to make it almost certain that the new judge would be taken from the active vanks of the legal profes: sion. The court at present is so con: tuted, and is spoken of as an exceptionaliy able and useful court. Several of the mem- bers have in their day seen political serv- ice, but none was ever for long in poiitical office. Judges Fuller, Field, Gray, Brown, Brewer and Shiras were taken from the bench or from active practice at the bar, and were known only as lawyers. Judge Harlan had been in politics in Kentucky, but only intermittently, as the leader of the minority party. He had come to emi- nence as a lawyer. Juage Jackson served for a few years in the Senate, but had stronger tastes for the law than for poli- tics. The same is true of Judge White. It is asserted of the present court, fore, that, taken as a whole, it was up without reference to the political emi- neuce or activity of any of its members. Folstical Appointments to the Bench. Lawyers declare that the appointments to the beach made within the past thirty years that were thought to bear some re- lation to politics, or at least to the po- hucal eminence of the appuvintees, were not in every way successful. ‘The list starts with the transfer of Mr. Chase from the Yreasury Department to the court as its chief justice. Mr. Chase was a great law- yer, Dut was regarded ag the most eager and ambitious of politicians. 1t 1s deciared of him that he remained as much of a can- dency while on the Su- Leen while in Mr. He was an industrious judge, but his friends concede that the black gown was a good deal of a funeral robe to him. He never wore it with satis- faction to himself. Gen. Grant wanted to make Mr. Conkling chief justice of the court, but the New York Senator, in a letter which lawyers highly praise, declined the honor. Mr. Coukling doubted the wisdom of such an act, and also his temperamental qualifica- tions for the post. He had, for years, been in polities, in the forefront of engagements of much bitterness, and in this way had acquired the habits and the reputation of a fighter. He believed that this would fol- low him to the bench, and interfere with both his comfort and his usefulness. He was subsequently appointed by President Arthur to an associate justiceship of the court, and confirmed by the Sena‘e, but he declined that also. His friends praise that act more highly than the other, for he was row out of politics for good, was poor, and was facing a hard struggle for success at the bar. But he would not take a seat on the bench in such circumstances. The appointment of Mr. Lamar to the court led to a hot contest over confirma- tion. Mr. Lamar was most highly regard- ed on persona! grounds by many of the Senators foremost in the effort to keep him off the bench. His career had been a dis- tinguished one In politics, and It covered so long a period of time that many of his” associates had forgotten, if they ever knew, that he had been prepared when a young man for practice at the bar. His high character and general attainments were admitted on every hand, but the ap- pointment was criticised ‘on political grounds, and as Indicating too much the President's mere personal feelings, and it was confirmed finally, in a body of whica Mr. Lamar had for years been a popular member, by _a majority of only one. Mr. Stewart of Nevada, a republican at that time, left bis party associates and went to Mr. Lamar’s rescue, and saved him. Why Popalar Speculation Rejected. This fs the record that induces many law- yers of prominence to reject the popular speculation about a successor to Judge Jackson, And they express the opinion that Mr. Gresham and Mr. Carlisle would be as far from desiring an appointment to the Supreme bench in the circumstances that exist as Mr. Cleveland would be from mak- ing such an appointment. Both are lawyers of the front rank and one has served for years on a subordinate bench, and both are. therefore, to be credited with the most deli- cate considerations on the subject. Neither, it is suggested, would care to don the judge's robe in circumstances that might subject the appointment to criticism on po- Iitical grounds and himself to the charge of having secured the place largely because of the personal favor of his chief. Lawyers do not doubt that a bitter contest in the Senate would result from the sending in of either name, as highly as both are re- spected. The republicans would urge re- fection on the ground of its being a scheme for reorganizing the cabinet for effect on the next presidential contest, and If they could succeed in impressing their views on the populist Senators rejection would be in- evitable. This, it 1s contended, is so plain that the President would not be likely to overlook it or disregard it in making choice of a new man. ————_-2+____. ‘The Chicugo Headed Homeward. The U. S. S. Chicago has headed home- ward from Africa, sailing from Algiers today for Gibraltar. When she reaches New York she will be put out of commis- sicn and entirely new boilers and ma- ehinery will replace that which has steam- ed so many thousands of miles. The work Of reconstruction will probably occupy about a year, and when it is complete the Chicago will equal in speed and surpass fm coal endurance many of the more mod- ern ships of the navy. Lincoln's cabinet. End of the Testimony in the Howgate Case. Judge McComas’ Charge and the De- fendant’s Objections—Scenes in Court This Morning. After listening for an hour and a haif in the presence of a crowded court room to Judge McComas’ elaMorate charge, the jury in the Howgate case retired at 12:45 this afternoon. The defendant's daughter, Miss Ida Howgate, as on the previous days of the trial, sat beside her father, appar- ently confident of a verdict, which would remove two of the many charges of wrong- doing which for nearly sixteen years has hung over her parent. Her father, too, seemed full of confidence, but in appear- ance and manner looked the man who realized as never before during the long, tedious trial, that new life or long years of imprisonment would soon be his. In anticipation of a verdict, the largest ttendance of the trial yathered in the court room, and Judge McComas’ carefully prepared and earnestly delivered instruc- tions to the jury were attentively listened to. The Judge's Charge. It was 10:30 before Judge McComas be- gan to read his charge, slowly end delib- erately. Henry W. Howgate, he explain- ed, was charged, on two indictments, with the embezzlement of the sum of $11,800 on the 6th of September, 1879, and with hav- ing, on the 15th of the following month, forged the name of R. H. Rochester, treasurer of the Western Union Telegraph Company, to a voucher drawn to cover the alleged embezzled sum. Explaining what is meant in law by embezzlement and for- gery, the court told the jury that they could find tnat the defendant was, at the time of the alleged wrongdoing, the prop- erty and disbursing officer of the sigral service office, and that on the Gth of Sep- tember, 1879, he was credited with the sum of $11,800. Then impressing upon the jury that they and not he should decide the facts Judge McComas proceeded to review the great mass of documentary evidence and that of the forty-three witnesses who took the stand. He referred to what appeared to be faets, viz.: That the books of the Western Union Telegraph Company show- ed that all accounts rendered to the signal office by it had been regularly and fully paid; that the accounts were carefully pre pared and recorded by the company, and that checks in payment therefor were made payable by the defendant to Mr. Rochester or to his order. Judge Mc- Comas then referred to that evidence which tended to show that the defendant's checks in payment of the disputed accounts were made payable to the company or to bearer. Whe no indorsement appeared on the check for $11,800, remarked the court, a check for $12,100, given February 15, 1879, was indorsed by the defendant. From that, said the court, it was reasonable to infer that he drew the check. ‘The Flight. Referring to the escape of the defendant in 1882, Judge McComas told the jury that they could consider that fact, and the fact that he was not apprehended until last September, as tending to show guilt. The statute of limitations, explained the court, prohibited an indictment three years sub- sequent to the commission of the alleged otfense, unless the accused was a fugitive from justice, in which event he could be indicted three years or more subsequent to the offense. The two indictments at issue, said the court, had been found since the defendant's arrest, last fall, and it was for the jury to decide whether or rot the defendant had been a fugitive from justice. The defen- dant, stated Judge McComas, was presumed to be innocent until found guilty, and the jury should consider his previous good char- acter, giving him the benefit of every rea- sonable doubt. Given to the Jury. During the delivery of the charge Messrs. A. S. Worthirgton and Jere M. Wilson, counsel for the defendant, took copious notes, and upon its conclusion, and before the jury retired, they ncted a general ex- ception to the charge, and excepted specifi- cally to those portions of the charge men- tioned m their notes. A discussion of nearly an hour followed, the defense insisting that they had the right to an exception to the whole charge. The exception was allowed, and then Judge McComas instructed the jury briefly as to the form of their verdict, the jury retiring at 12:45. After waiting for awhile and no word having been received from the jury Judge McComas left the court house, directing a@ recess until 3 o'clock. No Agreement. Judge McComas returned shortly before 3 o'clock, but was informed by the jury that there was no hope of an early agree- ment. being reached by them. It is stated that the jury is hopelessly divided. ad ‘THE MEXICAN MISSION. Many Retiring Members of Congress Willing to Take It. Not a few members of the House, whose terms of office will expire on the 4th of March, are supposed to be willing to ac- cept the office of minister to Mexico if President Cleveland should see fit to tender it to them. Several of them are making active efforts to secure the appointment, while others, who desire it, are merely standing where the lightning may strike them. The name most often heard, after that of Senator Ransom, is Chairman Wilson of the ways and means committee. Mr. Wil- sen {s making no effort to secure the ap- pointment, and it is not certain that he would do so if he desired it. There is a doubt, moreover, whether Mr.Wilson wants the office. Acting partly on the presumption that the President will fill Gov. Gray’s place with another Indiana man, at least two mem- bers of Congress from that state are sup- pesed to have their hopes fixed upon the pcsition, Mr. Bynum and Mr. Cooper. An- other candidate in the field from that state is Editor Gil Shanklin of the Evansville Courier, in whose interest a delegation is present, headed by the chairman of the state demecratic committee. Representative Springer of Illinois might be a strong candidate for the mission, but he is thought to be booked for one of the first important places upon the bench which is made vacant. Representative Buckley Kilgore of Texas, whose congres- sional term ends next March, has friends who believe that his familiarity with the country would qualify him to represent the Urited States there, while Representative Stcne of Kentucky is said to be another candidate. This morning there were many callers at the White House. Senator Gray had an in- terview with the President, and it is sup- posed that he took occasion to present the petition so numerously signed by Senators, urging the appointment of Senator Ransom. Senator Quay, Senator Burrows and Repre- sentative Springer were also among the White House callers. ——e Killed by His Own Stenmer. NASHUA, N. H., February 21.—While responding to an alarm of fire this morn- ing, the Crown Hill steamsr struck a curb on Hollis street and the driver, Robert Poff, was thrown beneath the wheels. The steamer ran over his neck, imstantly kill- ing him. . Matters Considered in the Senate and the House. SOME TALK ON THE INCOME TAX The Hawaiian Cable Ciscussed in the House. SENATE AMENDMENT LOST There were just sixteen Senators in the Serate chamber when the 11 o'clock session opened today, and Mr. Wolcott (Col.) sug- gested the absence of a quorum. The jing- ling of Senate bells hurriedly assembled the Senators, and forty-seven responded to the call for a quorum—two more than the nec- essary number. Mr. Irby <S. C.) presented the credentials of B. R. Tillman as Senator from South Carolina for the term beginning March 4 next. a Mr. Turple (Ind.) offered resolutions from the committee on foreign relations express- ing the high appreciation of the Senate at the distinguished honors accorded by the Mexican government on the occasion of the obsequies of United States Minister Gray of Mexico and directing the Secretary of State to forward copies of the resolution to the authorities of Mexico. The resolu- tion was agreed to. The House joint resolution was passed for the suspension of certain features of the law authorizing the transportation of goods threugh the United States to the free zone of Mexico so long as the Mexican free zone law exists. 2 . The Firancial Situation Criticised. Mr. Allen (Neb. indulged in sharp and Personal criticism on the financial situa- tion, as an incident to Mr. Harris’ resolu- tion for a night session to consider the bill to issue $7,000,000 sewer bonds for Washington, D. C. “We are going bond crazy,” said Mr. Allen. “The President wants bonds, the Secretary of the ‘Treas- ury wants bonds, Senators on both sides of this chamber wants bonds.” The Senator referred to the “great spectacular per- formance advertised to take place on the silver bill day before yesterday.” The Senator from Arkansas (Jones) was an- nounced as about to make a grand stroke. The galleries were filled, and the terrible combat was on. It raged until 9 o'clock at night, and then the Senator from Colo- rado (Wolcott) had come forward with a harmless, meaningless resolution, and "twas ended. “It was merely a grand stand play,” exclaimed Mir. Allen. “It was a mere spectacular performance for the ben- efit of the constituents of some of these gentlemen.” Mr. Allen said that if the national capi- tal was removed to Omaha, which was only 100 miles from the geographical center of the United States, he would guarantee that Omaha would pay every cent of taxation without calling on Congress for millions for bonds, sewers, etc. In the course of his speech Mr. Allen referred to reports that Mr. Teller (Col.) and Mr. Vest (Mo.) were populists and he extended to them a cordial welcome to the popwist ranks. Mr. Harris announced that he would move later for the night session and Mr. George (Miss.) made the counter announce- ment that {f there was a night session he would move to take up the bankruptcy bill. The Income Tax Question. The income tax question came up again on Mr. Gorman’s motion to reconsider the Senate approval of the conference report on the bill amending the law. Mr. Gor- man said a singular feature had crept into this conference report that had not been considered by either house. It changed the law so as to exempt corporations from fur- nishing a list of the salaries of employes. The original provision was a nice one, and was the only way of finding out the im- mense sums paid out by corporations to their employes. Mr. Vest defended the conference change. The employes had asked for it. It was to avold+ invidious distinctions against those who drew their salaries from corporations. Mr. Gorman referred to the remarkable attitude of the other branch of Congress on the question of corporations and compared the course of the House on the tariff bill with the course of the House conferees n ow. Mr. Chandler (N.H.) said this disclosed the serious dangers of conference commit- tees. Legislation was enacted which neither branch of Congress had considered. This change was “worked into” a confer- ence report in the interest of great cor- porations. ‘One class of these corporation employes was about the halls of Congress today laboring to secure the passage of the pool- ing bill. Undoubtedly, sald Mr. Chandler, this was a class of employes that the great railroad corporations did not wish to re- pert, with the list of salaries for their werk about Congress. Mr. Hale (Me.) referred to the gravity of any departure from the rule that confer- ence committees should introduce no new matter. It should be pitilessly adhered to as the only protection to legislative in- tegrity. Laid on the Table. Mr. Vest sald the conferees had not gone as far as conference committees had fre- quently gone. In 1883 an entire tariff bill was reported from the conferees when both houses had pronounced against it, and ft eventually became a law. The Senator showed that the present change was strict- ly germane to the subject as considered by both houses. After Mr. Vest’s statement Mr. Hale said he agreed that the change was germane and proper. On motion of Mr. Vest the motion of Mr. Gorman to r consider was laid on the table—-yeas, & nays, 10. Consideration of the Indtan appropriation bill was then resumed. THE HOUSE. In the House ‘today the Senate amend- ments to the bill authorizing the construc- tion of a bridge across the Missouri river at Sioux City, Iowa, were agreed to. The House then resumed consideration of the Senate amendment to the diplomatic” and consular appropriation bill, appro- priating $500,000 to aid in the construction of a submarine cable from the United States to the Hawaiian Islands. bs Mr. Hooker in Opposition. Mr, Hooker (Miss.), a member of the for- eign affairs committee, opened the debate in opposition to the proposed appropria- tion. By the terms of this amendment, Mr. Hooker said, the government wag to own, control and operate this Hawaiian cable. Such a proposition had never been made before. On yesterday Mr. Hitt had admitted, Mr. Hooker said, that the Kifty- first Congress had refused to subsidize an Hawaiian cable, because the American peo- ple were opposed to subsidies: Did the gentleman from Illinois, he asked, believe, in his admiration of Ergiish policies, that the people would forget that this was a government of limited powers, and would be willing to. see the government enter upon the construction and operation of a cable to Hawaii? Let private enterprise construct this cable if it so desired. . Representative Storer's Views. Mr. Storer (Ohio) deprecated making this matter a party question, but said he real- ized that it was only in this way that the chairman of the committee on foreign af- fairs hoped to defeat this project. Mr. Draper (Mass.) said he favored this cable as a preliminary. step toward the an- nexation of the Hawailan Islands. Importance to the Pacific Coast. Mr. Hermann (Ore.) declared that to the Pacific coast the question of cable connec- tion with Henolulu overshadowed and tran- scended all others save only that of the construction of the Nicaragua canal. Mr. Harter (Ohio) thought this cable should be laid by private capital, and he understood that private parties had ap- peared before the committee and had asked tor a charter for this purpose. Mr. Ryan (N. Y.) thought this demo- cratic House could’ well afiord, in the clos- ing hours of the session, to show its sym- pathy with merchants desiring to extend our trade by voting an appropriation for thé construction of this ‘cable. Mr. ‘fucker (Va.) opposed the amend- ment. No one, he declared, was more of an American than he, but he was in favor of America for Americans, not Chinese, dagces, Japanese and half castes on the Hawalian Islands. Gen. Sickies Supports the Cable. Mr. Sickles (N.¥.) earnestly’ supported the cable proposition. Z Mr. Sickles said he was compelled to ap- peal from the judgment of the House com- mittee on foreign affairs to that of the Senate committee. As an American he had a platform of his own. He favored annexation. As a democrat he found his warrant in the policy of Jefferson, who annexed Louisiana, and of Jackson, who annexed Texas. If party lines trammeled him on a question like this he would break them, as he had done before. There should be no partisanship in Americanisin. “Mr. Speaker,” Mr. Sickles concluded, “my span of life has not much longer to run, yet I hope to live to see the star of the republic of the Pacific add its tropical splendor to the star of the western hem- isphere.” (Loud applause on republican ". McCreary closed the debate, and in the course of his remarks ‘lenied that Mr. Cleveland had ever indorsed a proposition for the construction of a Hawaiian cable by the government. : The Vote Agninst It. The vote was then taken on Mr. Hitt’s motion that the House agree to the Senate amendments. Mr. Hitt demanded the yeas and nays and the roll was called. His mo- tion was lost, 114—152. Se THE SUNDRY CIVIL BILL. The Gorman Amendments Being Op- posed by the Administration. The administration fs-said to be very stronsfy opposing thé Gorman amend- ments to the sundry clvil bill, which pro- vide for 8 per cent certificates of in- debtedness and prohibit the secret sale cf bonds. While Secretary Carlisle has in- formed the Senate that there Is no objec- tion on the part of the treasury being given authority for the issue of certificates, which he does not expect they will be called upon to use, It is known that the administration does not desire the au- therity to be given in the form of the Gor- man amendinent. The fear of Mr. Cleve- land fs that if any legislation of this sort Is carr.ed by: the sundry civil bill it will so tle up the tréasury as to preclude the issuance of more bonds if case of further depletion of the gold reserve. The members of the finance committee are indignant at German for what they regard the usurpation by the commit- tee on appropriations of the functions c@ the finance coiinitiee. Purely as a ter of resentment, they posal to fight the. amendment, but if it appears to them that if thepe amend- ments, cither in their present or in a mod- ified form, ?wili operate to prevent further bond Issues under the Morgan-Stétson con- tract, they may be led to give them their support. It is stated on the authority of a Sena- tor enjoying the contidence of the admin- istration that if the sundry efvil bill goes to the President bearing an amendment taking from the Secretary of the Treasury the righ issve bor there -will surely be an extra ion. This information is said to come fram the President himself. It means, if true, that the President will veto the sundry civil bill if it carries such an amendment. . THE DISTRICT APPROPRIATIONS. The Conferees in Seasion—Water Sup- ply Question, The conferees on the District appropria- tion bill met at 9:30 1 the room of the committee on appropriations of the Sen- ate. All of the representatives of the two houses were present. The conferees re- mained in session until 12 o'clock, and at 1 o'clock resumed work again. It was then stated that the conference would last all of today, and it is not unlikely that it will cccupy part of tomorrow. The main point of difference betweet the two houses is o» the appropriation for the increa: wat supply. The House confer insist upon the House isi priating $125,000 for the ri at Great Falls, in place of y ate inserted a paragraph appropriating a much smaller sum for a survey. ———- +--+ _____ THE MOR CLAIM, Senator Dolph's Resolution Adopted After Some Little Debate. It transpires today that the Senate had the Mora claim under consideration in ex- eculive session for half an hour yesterday, and that there was more or less discus- sion of the mevits of the claim and some reference to the fact by several Senators that the claim had taken s1 skape as to render it a somewhat delicate matter in our relations with Spain. The claim is for 31,500,000, with interest from 1888. The claimant is Antonio Maximo Mora, whose estetes in Cuba were confiscated, notwith- standing he was at the time a naturalized American citizen. This fact, as well as others, in the his- tory of the case, was adverted to in the discussion in executive session, and it was shown that notwitiistanding the agreement between Spain and the United States that provision was to be made for payment In the Cuban budget of 1586, nothing had yet been done to put the agr departinent to another and by setting up the pretension that the Mora claim was offset by unter claims of Spanish sub- jects against the government of the United which could not be legitimately ered, us they were still unseitled and disputed. nator Morgan, chairman of the foreign fons committee, made the principal speech of the exccutive session, at the conclusion of which, and while the Senate was constructively in open session, the joint resolution introduced by Si Dolph at the bi States e: sion was paontey The resolution vests the President with Guthority lo take such steps as he may deem necessary for the coilec- tion of the claim and requests him to pro- ceed in the matter in the way which his judgment may suggest as\that most cal- culated to bring about a settlement. spare 2 Fourth-Cliss Postmasters. The total number of fourth-class post- masters appointed today was twenty-five. Of this number seventeen were to fill va- cancies caused by death and resignations and th2 remainder by removals. The Virginia appointments were: Banner, J. O. Kennedy, vice 'C. K. Cour resigned; Rye Cove, Mrs. N. J: Carter, vice J. H. Car- ter, removed. : E. J. Reid was appointed at Welbourne, Md., vice 3. H. Payne, resigned. IN HIS OWN BEHALF|SEYENTY-FIVE CENT Gas|THE WATER FAMINE Harry Hayward, the Accused, Goes on the Stand. HIS BROTHER'S CHARGES DENIED The Defense Pleased With Gaining \ a Point. CATHERINE GING’S MURDER —— MINNEAPOLIS, Minn., February 21.— Harry Hayward was placed on the stand tceday in his own defense in his trial for Catherine Ging’s murder. Preceding this much-looked-for event, County Attorney Nye resumed the cross-examination of W. W. Hayward, father of the young man ac- cused of murdering Catherine Ging. He was quite unable to shake the old gentle- man’s story in any essential particular. William Yale, a gunsmith, and Hobert Weed, a jeweler, testified as to various kinds of cartridges, the weight of bullets, ete. Mr. Erwin succeeded in establishing that the fatal bullet was of the same weight as one taken from a 38 short cartridge. BIixt had testified that when Harry gave him the cartridges he had declared them to be 38 long. Mr. Nye strenuously, but in vain, objected to this evidence, and Mr. Erwin was jubilant at his success. At last Mr. Hrwin said he had no other witnesses present, except the defendant himself. “Call Harry Hayward,” he added. With his arms folded, and a set expres- sion on his face, Harry @ayward took the stand to battle for his own life. He said in answer to the usual prelim- inary questions that he was born in Macou- pin county, Ill, twenty-nine years ago and had lived in Minneapslis for twenty-five years. “Now,” said Erwin, “Mr. Blixt has testi- fied against you and Mr. Adry Hayward has testified against you. Have they testi- fied correctly?” “They have not,” responded the witness, setting his teeth. “Has the testimony of Adry Hayward given here on the stand been true or false?” “Almost wholly false.” “Do you know any reason why?” “T doo “Explain it to the jury.” “TI object,” said Mr. Nye. “Sustained,” rejoined the judge. “I suppose this is for impeachment?” “Oh, no, your honor; I am not trying this whole case on impeachment. I want the jury to know the feelings of fear which might induce Adry Hayward to testify falsely against his brother. I want them to know the truth.” “Well, you can call his attention to the particular questions and answer if you choose," said Judge Smith. “I offer to prove, then—" began Erwin. “Put it in writing,” said the court, Erwin was obliged to make his offer in the presence of the stenographers and the attorneys without the jury’s knowledge what it was. Nye objected on the ground of incompetency, and the objection was sustained. The court, however, added that part of it was competent if proper founda- tion was laid. “You ha heard your father's, mother’s and brother's testimony,” said Erwin, final- ly, after consultation with his colleagues, “regarding the discrepancy in your broth- er’s account. Did you have any trouble with him about what he said to your moth- or?” An objection to this was sustained, and Mr. Erwin asked: “Did your brother have any fear of you for the reason that you might make dis- closures about him?” “Yes, sir,” responded Harry, before Nye could object, but the answer was ruled out. ‘ow, you have heard Adry say that he had never seen Miss Ging. Did he ever see her?" “He did. It was on a narrow, dark road, between Nicollet avertue and Lake Cal- houn. He could not see her very well, but he could fee! her.” “Was he alone with her?” “He was not.” “Who was with him?” “J would rather not tell, unless its neces- sary. The young lady was here in the city Mr. Nye objected strenuously to any- thing further on this line and was sustain- ed by the conrt. “I tell you,” said Judge Smith, “it’s an insult to this court when you know that what you are proposing to show has been ruled out by the court, that you try to bring it in another way.” I think the court dees not understand me,” said Erwin. “I meant no disrespect, and I don’t think I deserve the reproof. Tintend to abide by the orders of the court, put I propose’ to show by this witness that Adry Hayward saw Miss Ging under cir- cumstances that he could not forget. Now,”” turning to the witness on the stand, “I will ask you about all your relations with Miss Ging. State them fully to the jury!” ell,” said Harry in a remiscent mood, “I was introduced to Miss Ging, I think in January, 1894, by Mr. Speaker at the board- ing house. I met her at first, perhaps as often as once a week. After a while I met her as often as twice a week. Then you might say we began to be getting fairly vell acquainted. Things went on in that way during April. We kept getting better and better acquainted all the time, more and more intimate. From July and August, on through to December we were what you might call lovers, I suppose.” 3 “I've been every place with her. We've been just like any other young man and young lady. I've taken her driving; we've gone to the theater; to suppers and I've taken her to church. I’ve been calling or her and we have walked together. On the streets, and everywhere. I’ve taken her riding dozens of times, and to the theater. It would be impossible to mention all the places where we have been.” ———— MR. BISSELL TO RESIGN. He Will Leave the Post Office Depart- ment in the Spring. It is currently understood in certain cir- cles that Postmaster General Bissell is to resign. The time set is one of the months of spring. Although Mr. Bissell declines either to affirm or to deny this current rumor, yet it is certain that unless he changes his present determination he will vacate the office in April or May. The rea- son for this move is the distaste which Mr. Bissell has for public office. He ts a lawyer and wishes to renew the wooing of his pro- fession. Mis friends have all along known that the duties of the office were not so congenial as Mr. Bissell would have them, and although he has carried out his policy with a vigorous hand and taken hold cf the duties with a firm hand as though he liked them, yet he is anxious to return to New York and resume the practice ef the law. Mr. Bissell refuses to discuss the matter of his resignation. but that he has made up his mind to resign is a certainty. Mr. Bissell’s administration of the Post Office Department has been of a high or- der and it is probable that never before have the postal affairs of the country heen in a more satisfactory condition. Mr. Cleveland will part with Mr. Bissell with regret, for it is known that their relations have been for many years of the closest and most friendly character. It is not thought that the question of Mr. Bissell's successor has even been considered by the President, Report on the Bill Authorizing the Incor- poration of a New Company. Strong Recommendations for Its Pas- ange Presented to the House—Many Reasons for Its Enactment. Mr. Babcock of Wirconsin has written a report upon the bill reported from the, Dis- trict committee to inccrporate the National Gas, Electric Light, Heat and Power Com- pany. ‘The report says: “This bill is a very important one, and provides for the manufacture and distri- bution of gas, free from all impurities, and that the price to be paid therefor shall be 7 cents per thousand cubic feet of gas to private consumers, and 60 cents per thou- sand cubic feet to the government, which price the incorporators propose to reduce Sra after their plant is in full opera- tion, “The bill provides that they shall enter into a bond in the sum of $500,000, with sureties to be approved by the Commis- sioners of the District of Columbia, condi- tioned for the faithful performance of the several terms of this charter. The investigations of Congress in the Forty-sixth, Forty-seventh and Forty-ninth Congresses, and in the present Congress, as set out in the evidence taken and in the reports of the committees of the Senate and the House, show that the local company— the Washington Gas Light Company— charges $1.25 per thousand feet to private consumers and furnishes a gas of 18-candle power, whereas the conditions of this act call for a gas of 24-candle power. Present Gas Supply Dangerous. “Evidence taken before the committee shows the existence of impurities in the gas supplied by the Washington Gas Light Ccmpany which are dangerous to health and destructive to the furnishings of houses, and that the local company cannot eliminate them. The fuct that this new | company proposes to furnish, at much lower prices, absolutely pure gas, demon- strates that the measure is one unques- tionably filling a want of the people, recog- nized and existing, and not only the in- terests of the people of the District, but very materially the interests of the .gen- eral and local government demand its fa- vorable consideration by Congress. “It has been urged as an objection to this bill that the experience of the local gas company shows that gas cannot be profitably made and distributed here at a lower price than $1.25 per thousand cubic feet. This claim is now being pressed before Congress, and forms the basis of their objection to the passage of what is known as the ‘dollar gas bill,’ that passed the House on the 9th day of April, 1894. At the time this measure was pending your committee found from the statements and figures submitted by the president of the Washington Gas Light Company that during the year 1893 their net earnings amounted to $454,028.03, after paying the interest on their bonded indebtedness and all other fixed charges. : Heavy Dividends on Local Gas Stock. “This shows an earning capacity of 22.70 per cent on their capital stock of $2,000,000, which in itself is evidence that gas can be furnished at much less than $1.25 per 1,000 feet, and still leave a large margin of profit to the company. “On pages 46 ang 47 of report 609, second session, Fifty-third Congress, is a state- ment showing that in addition to a 10 per cent regular annual dividend paid on the capital stock of the Washington Gas Light Company, there was a special dividend of 15 per cent additional to dispcue of surplus money that had accumulated in the treas- ury, making a total of 25 per cent, for that year. The committee also finds, upon in- vestigation, that in a large number of cities located long distances apart gas is made and sold to private consumers at $1 per 1,000 feet or less, in some places reaching the low figure of 50 cents per 1,000. The Principal Objection Overruled. “The principal objection urged against the passage of this bill is that the install- ment of its plant would involve the up- tearing of the streets, resulting in great in- convenience to traffic and travel. “It being admitted that the successful operation of the new company would be a@ great benefaction to the people of the District, the temporary inconvenience to the public following the installation of pipes becomes less objectionable when it is understood that the work will be super- intended by the Commissioners and must conform to their instructions, the lines, so far as possible, being constructed through alleys instead of streets. Your committee, after a full and exhaustive examination of the whole subject, believing that this prop- osition is made in good faith, as evidenced by the offer to furnish a good and sufficient bond in the sum of $500,000 to carry out the provisions of this act, recommend that, with the adoption of the amendment, the bill be passed as being manifestly In the interest of the citizens of the District, as well as the government itself.” —————— THREE IMPORTANT BILLS. Efforts to Be Made for the Pooling, Bankruptcy and Territorial Measures Now that there Is no further prospect of action on the financial question in the Senate there has been some revival of in- terest in the other general bills before the Senate, including the pooling, bankruptcy and New Mexico and Arizona admission bills, but the especial champions of each of these measures realize that there is but little hope of the favorable consideration of any of them, and only in the case of the territorial bills of getting any of them up for consideration. In the matter of these bills Senator Faulkner, who, as chairman of the com- mittee on territories, has charge of them, says he expects to get a day for their consideration, but that he does not believe the republicans will allow them to pass, and that if they choose they can can easily prevent this result at the pres- ent late day of the session. Senator George frankly admits that he sees no prospect of again getting up the bankruptcy bill, but says if opportunity offers he will be prepared to take advantage of it. The friends of the pooling bill are more per- sistent than. the advocates of the other bills mentioned, but they find obstacles in their way at every turn and realize that they are encountering especial opposition among some of the members of the Senate. Much will depend upon the decision of the democrat steering committee as to whether these bills will be given a day in court. The steering committee is divided on the bill, but it is asserted that there is a majority favorable to it, and it is be- Meved by {ts friends that when the com- mittee gets together a decision may be reached to allow the bill to be called up. The friends of the bill believe that if a vote can be obtained the bill will be pass- ed, but they realize that opposition which will consume any considerable time will be fatal to them. o AGAINST DOLLAR GAS. Report of the New Jersey Legislative Committee. TRENTON, N.J., February 21.—In the house this morning the majority of the committee on municipal corporations, Messrs. Codding, chairman; Stafford and King, reported adversely on the cheap gas bill. Messrs. Eisele and F. Shober made a minority report favoring the bill, which fixes a maximum price of $1 per thousand in first-class cities, and amending the bill cor pecontl clase cities to read $1.45 instead o Story of the Prevalent Failure of Water Supply. THE STAR'S COUPONS TELL I? Distress Everywhere Throughout , the Nation’s Capital. THE MENACE TO HEALTH — If there could be any doubt of the dis- tress throughout Washington in the pres- ent water famine, a house-to-house can- vass, as there was recently for charity sake, would forever silence it. Indeed, it would be quite as wise to take such a course to prevent300,000 people from all that a water far >e means to the health condi- tions of the city as it is to canvass to get aid for 5,090 poor ‘people. Something similar tc a house-to-house canvass is The Star's “Water Coupon Pe- tition,” which is now coming in constantly increasing numbers. The volume of com- plaints is steady, broad and loud. It comes from people of every class. And a great variety of interesting information comes with it. One thing is the surprising num- ber of people who have put gas engines or force pumps in their houses to pump water te tanks in the upper floors, from which 70 supply their kitchens and various closets and bath rocms. In this way Judge Cox and Dr. der make their homes habitually convenient, and they live on the lower level of the city, where such a necessity is surprising. Massachusetts avenue, which may be slightly more elevated, there are continual complaints, which are well illustrated in the remark of the widow of the late Justice Miller when she says: “Since last Decem- ber we had water freely only on the base- ment floor, and it never comes above the first floo1 Distress Uptown. Congressman Cooper lives on 14th street just above Thomas Circle. He says his apartments are on the third floor, and for three weeks there has been no supply of water on that floor except as it has been carried there. Mr. Robert L Fleming, the architect, has no water on the second floor of his residence at 1018 12th street. The trouble owners of rented properties are having is illustrated in a statement from Mr. W. E. Schneider that his apartment buildings on Q and on 12th streets, as well as the Norwood Institute property, on K street, have been intermittently short of water, and tenants are constantly pleading for relief. NN. Studer, the florist, says water failed recently in ‘his greenhouses, leaving $0,000 feet of valuable space unsupphed and ex- posing him to a possible loss of $20,000, Mr. Chr. Heurich has no water in his beau- tifal house above the first floor. Many citi- zens have long ago abandoned bath rooms on the third fioor. Some elegant houses fitted up .with all ‘modern convenienzes, especially some on Capito) Hill, do not get water to wash dishes in their kitchens, and three times a day dishes are carried down isto the basement wash rooms to be washed. Mr. Charles A. Boynton of ‘he Associated Press states that February the water supply in his house failed en- tirely for the best part of a day and there was serious illness in his family, which made the situation alarming. A gentleman living at 2000 3d street says his neighbors are obliged regularly to employ men and boys every day to bring water-to their houses, for they are sometimes without any for a week at a time. If fire shayld break out in that part of the city there would be great difficulty in fighting it-with water. Uncle Sam Uses Water. People living in East Washington per- ceive a slight increase in their supply at night when the navy yard closes, which suggests that it would be profitable to secure statistics showing just how much Uncle Sam uses in all his department buildings, many of which are practically manufac- tories, like the government printing office, bureau of engraving and printing and navy yard shops. The government has thirty or more printing offices in various bureaus, all making a large use of water. The more the facts come to the surface, the more the public knows the situation, the graver becomes the responsibility of those who prolong the suffering. Territory Involved. The territorial classification of the com- plaints would add much to clarify general impressions in regard to the prevailing scarcity of water. It is not Capitol Hill alone that makes outcry—and they come from that section by hundreds—but there is a broad section between t2th and 18th streets from H street northward to R that is suffering. Civil Service Commissioner Lyman, on N street, in the northern edge of this region, says that for one week dur- ing the last cold spell his water closet on the second floor had no supply of water. Paymaster Shock of the navy, at 1404 15th street, says water has to be carried to the second floor of his house, and the supply on the first floor is feeble and uncertain. R. B. Hine, chief engineer, United States navy, living at 1825 19th street, says that for nearly two months the water has sel- dom reached the second story of his house. Arthur Dunn, at 1929 15th street, says his water closet is without water and a men- ace to health. Dr. Toner, on Massachusetts avenue near 15th street, says that during February water would not reach the second story of his house. G. Wythe Cook, at Thomas Circle, has a faint intermittent flow on the second floor of his house and none on the third. All along Q street from 12th to 19th peo- ple complain of no water for closets during the recent cold snap. Maj. John M. Car- son of the Philadelphia Ledger says that at his house, 1332 Vermont avenue, there is no flow in the tank for flushing water closet, and the greater part. of the day there is no water at all on the third floor. Mrs. Elizabeth J. Somers, principal of Mt. Vernon Seminary, 1100 M street, writes that much of the time it is impossible to get water on the second floor of her resi- dence, and she has been obliged to put in a force pump to supply the second and third floors. Time of Deprivation. The duration of entire deprivat.on varies. In some extreme cases, as appears above, people have been without water supply three weeks at a time. In others it was but a few hours. It seems impossible that houses in the heart of the city should ever be more than a day without water. This happens in the case of hundreds of second floor supplies. Justice Field of the Supreme Court for several days at a time has water only in the basement of his house. Mr. 8. S. Gardner, at 218 Maryland avenue, had no water for his water closets for ten consecutive days. Numerous cases are similar. Every complaint on The Star’s coupons represents more than an individual condi- tion. It stands not only for a household, where a number of lives are concerned and endangered in case of contagion, but it stands, usually, for a neighborhood dis- the minority and not the great mass of people who take the troub! to cut coupons out of a newspaper and mail them. It may be confidently believed that the complaints and petitions that are coming to The Star represent a condition of things far beyond any ordinary, sparse- ly sporadic distress. ae