Evening Star Newspaper, July 11, 1895, Page 2

LATE NEWS BY WIR Testimony in Behalf of Mrs, Far- tall, BIAMINATION OF PROR PENNIMAN Grounds on Which Acquitial is Expected. oo NO IRRELEVANT TESTIMONY: Sa Special Dispatch to The Evening Star. PLATA, Md., July 11.—An unlimited nimber of scientific names, together with @ Songlomeration of chemical, toxicological patholigical verbiage, bewildering to the average spectator, and certainly tend- ing to confuse the minds of the members of the jury as to the cause of death of the late Frederick Farrall, were the prin- cipal matters developed at the session this morning of the trial of Mrs. Belle Farrall, accused of murder. At the opening of court Prof. W.D. Penni- mah of Baltimore, who was called by the Gefense yesterday afternoon, resumed the stand for a continuance of cross-¢xamina- tion. The questioning was long drawn out and marked by frequent objections on the patt of counsel for Mrs. Farrall, and also by repeated requests by the state that the witness make direct answers and not go into long dissertations, followed by rather caustic replies from Prof. Penniman to the effect that proper answers would be made if counsel should put the queries in an in- telligent form. The situation waxed lively when, after an objection by the defense to a certain question, Mr. Mitchell said: “According to Dr. Penniman it is impossible to cbnvict a Griminal by showing that poison was pres- ent in the body of his victim, and now we desire to test the knowledge of this new disciple in chemistry. I don’t propose to sit here and allow people to be humbug- ged by the statements of this witness.” Col. Wilmer was on his feet in an instant nd vigorously noted an exception to the remarks of the state's attorney. Shortly before noon Prof. Penniman was excused and his place on the stand was taken by J. Benjamin Dyson. The latter testified that Mr. Farrall on the Friday preceding his death: stated to the witness that he did not expect to live long, although he was then feeling as well as at any time in his life. Alfred and Fred Bowling, clerks in a Hughesville store, stated that the Far- ralls had never purchased a ‘poisonous drug at their establishment, and then Dr. George E. Mudd, a physician, who b creche in Charles county since the year , Was sworn, He was asked if the fatal termination of a case of strychnine poison would be gelayed by the administration of a dose of morphine, and replied that it would not. ‘The state, it will be remembered, attempted to prove that morphine, as it was hypoder- mically injected into the system of Fred'k Farrall by Dr. Carrico on the night of his illness, would have a tendency to prolong life. The witness added that there was 6 recognized antidote to strychnine pois- oning in existence. -The.same hypothetical question asked Dr. Ames covering the case of &’ man of-@hout forty-eight years of age in apparent good health up to the time he was taken sick, and who admitted that he had been drinking a good deai of whisky, and whose symptoms were simi- lar to those of Mr. Farrall, was put to Dr. Mudd, who stated that in his opinion death™in such an instance would not be due to strychnine poisoning. As with the other witnesses, the cross- examination of Dr. Mudd was long and searching. He occupied the remainder of ~the morning session, continuing on the stand until recess was taken at 1 o'clock. It is now an established fact that the de- fense expects an acquittal only on its claim that the deceased did not come to his death because of strychrine poisoning. The calm, confident appearance of Mrs. Far- rall was unchanged today, but the same Jook of pain cofitinues clearly defined on Sher face. s Hall Released. ‘After adjournment .last evening the state’s attorney directed the sheriff to re- lease Eugene Hall from custody. The al- Ieged._ paramour of Mrs. Farrall drew the amount due him as witness fee and de- parted In great glee. Mrs. Georgiana Burch of Washington, an aunt of Joseph Myers, the boy who gave important testtmory*for the defense yes- terday tending to prove that Hall did not live with Mrs. Farrall at the house 1106 O street southeast, Washington, D. C., ar- rived in La Plata and occupied a seat be- -side the prisoner throughout the afternoon session. It was the first time during the trial that Mrs. Farrall was accompanied by any one other than her two little boys and Sheriff Albrittain. Since the opening of the case for the de- fense the almost general belief that the jury will return a veruict of not gulty_ has naturally been strengthened. As heretofore stated, the disagreement of the experts can- not other than mystify the jury, and the opinion of the family physician that Fred- erick Farrall died from natural causes will have a strong influence on the twelve men im whose hands rests the decision. ‘As an Instance of the widespread interest the trial has attracted several New York newspapers have sent staff representatives to La Piata. Cc. F.C. —__—>_—_ DEATH OF JOHN SHEA, JR. It Was the Result of Injuries Received Last Christmas. “Johnnie” Shea died lest evening at the residence of his parents, 325 Maryland ave- nue. John Shea, sr., who has been serving a term jn the workhouse for violating the quor laws, was released this morning, his term of service having expired, and he went at once to the ‘bereaved home. Some days ago, when it was known that Johnnie was dying, the father was paroled from the workhouse and was for some time at the bedside of his son. The young man, who was about thirty years of age, had never recovered from the effects of a fall from a train in Pennsylvania two years ago, and the manner of his life was never conducive to longevity. He did not change hig ways when his mother turned over a new leaf, and last Christmas day he was out with some friends having a “good time.”* He was going along the avenue, and the story as told now is that he got into an altercation with some one, and either fell or was thrown to the ground. At any rate, he suffered injuries which hastened his end. Dr. Percy Hickling attended him, and John- nie so far recovered as to be about and on the streets. But lately he began to fail, and toward the end became greatly ema- ciated. He made no charges against any one, and the stories as to the manner in which he was hurt are so conflicting that {t is doubtful if they will ever be unrav- eied. Dr. Hickling, who was with him to- ward the close, reported the case to the coroner. The most lkely account of the accident was to the effect that Shea stum- bled and fell to the ground. This was told by one of Shea's companions on his Christ- mas outing, and Dr. Hickling said this morning that if the story was repeated he would be inclined to give a certificate of death from natural causes, as he could see ho good reason for any other course. Se The Minors’ Committed. Battle Minor, the colored expressman, and his son Clarence, who were arrested for an assault on Policeman Greer of the eighth precinct, Jene 25, were today com- mitted by Judge Miller for the grand jury. ‘The injured officer, who spent several days in the hospital, was the principal wit- ness against the Minors. He was attempt- ing to arrest Battle Minor for fest driving when the assault occurred. Battle Minor was fined $10 or thirty days for fest driving. a Trustee Desired. Sarah F. Baldwin today filed a bill In equity against Elizabeth B. Luttrell, the widow, and Mary E. and Saidee W. Lut- trell, the children of the late Thomas J. Luttrell, for the appointment of a trustee in the place of the deceased, that a deed of trust given by the complainant No- vember 10, 1883, on lot 32, square 878, may ho released. E| STREET EXTENSION’ PLANS Recommendations .Made by the Oommie- sioners Today. Changes in the Recent ,Pians—The Prolongation of Vermont E Avenue. es, The Commissioners‘ today’ recommended to the highway commission a number of important changes in the street extension Plan. Maj. Powell requested a meeting of the board of Commissioners this morning short- ly aiter the office epened to consider these matters. The meeting was held in Maj. Powell's room, where the maps of the street extensionplan, together with sev- eral detailed naps showing the proposed changes, ware on exhibition.“ For’ two hours the Commissioners considered the matter, taking up the suggestions and recommendations one by cné and disposing af them. The first thing decided was to recommend the extension of 6th street through Le Drolt Park about one-half square to New Jersey avenue, in order to make the street continous. Vermont Avenue Extended. Then, upon recommendation of Maj. Pow-| ell, it was decided to urge the extension of Vermont avenue to the Whitney avenue gate to the Soldiers’ Homé. ~The avenue will be run its regular width of 130 feet until it reaches New Jersey avenue, where the width will be reduced tem feet making the avenue 120 feet wide from that point to the Soldiers’ Home gate. At the inter- section of New Jersey avenue where the width of the avenue is reduced a circle has been recommended in order to mask the width of the avenue as well as a small deflection which takes place at this point. ‘The avenue, according to the present high- bd peters plan,. terminates at 7th street. As it is the only one of the city avenues leading to the Soldiers’ Home directly from the Executive Mansion, it is considered highly desirable that it should be extended unbroken to a neater entrance..to the home. The decrease in width and the small deflection recommended removes the Present objections, which formerly applied against the laying out of the avenue be- yond lith street. From a glance at the new extension it is seen that it will not in- terfere with the Howard University nor the new reservoir. Anoth change recommended is in the prolongation westward of Binney street West of 15th street. The change consists of removing that part of the street five feet north, in order that the roadbed and sidewalk may be on direct lines, and not make jogs at 15th street, as they other- wise would. ‘The Kalorama Region. In the Kalorama subdivision an import- ant change has been recommended. The Commissioners now believe that 23d strect should be prolonged southward to Sheridmn Circle, and north to Belmont road. They recommend the abandonment of that por- tion of the plan which provides for the widening of Decatur place, which, accord- ing-to the new recommendation, will re- main sixty feet wide. A further change in this locality consists in the extersion northward of 23d street to S street, and in Indicating upon the maps an intended Place street from California ave- nue to Kalorama, street nearly on line with Phelps place. lhe —_————_ THE BARBOUR ESTATE. A New Administrator Asked for by the Heirs. When the late James L, Barbour dled, leaving an estate said to. be valued at about $1,000,000, his son, Harrison S. Bar- bour, was appointed administrator. The son gave a bond of $300,000 for the falth- ful performance of his duties, his bonds- men being Horatio Browning, B. Kendall, Oliver Thompson, B. J. Earnshaw, O. G. Staples, Albert Carey and Mr. Barbour’s four sisters, Mrs..Mary. V..McCartney, Mrs. Avnie E. Irwin, Miss Virginia Barbour and Miss Annie Barbour. no Some time ago, it is said, the heirs be- came dissatisfied with Mr. Barbour’s man- agemont of the estate, and it is understood that on the 3d of last Mey an agreement ‘vas entered into between him and the heirs, by which he agreed that Mr. John A. Hamilton be placed in charge of the firm of James L. Barbour & Son, and that he would resign and ask for the appointment of a receiver if, upon an examinatiow, it. appeared)that ‘his con- duct of the estate was unsatisfactory. Messrs. Frank Hume; ‘N. 4. Shea and Chas. E. Bear were appointed a committee to make the investigation, and it is alleged that on the lith of last month they re- ported that there was a shrinkage of about $80,000 in the assets of the firm up to the 10th of last May, about $20,000 of that sum being in the business of the Washington Flour and Feed Company. Upon the submission of the committee’s report, it is said that Mr. Barbour declired to resign, and late yesterday afternoon a bill in equity was-filed by Mrs. Annie E. Barbour, mother of the administrator, and the other heirs, charging Mr. Barbour with incempetency and inattention to business, and asking for an accounting by him, the appointment of a receiver, and that he be restrained from removing Mr. John A. Hamilton as manager of the business cf the firm of James L. Barbour & Son, and from incurring any liability on behalf of the firm or estate or transferring any of its assets. The petition was presented to Chief Justice Bingham, who granted a temporary re- etaining: order, returnable next Wednes- ay. Mrs. Barbour and the heirs also filed in the Probate Court a petition, praying for the removal of Mr. Barbour as administra- tor of the estate, and that he be required to file an account. His bondsmen petitioned the same court to require Mr. Barbour to give counter security, and in the event of his failure to do so, that the estate be placed in the hands of some other adminis- trator. Chief Justice Bingham directed that a rule issue against Mr. Barbour, re- quiring him to show cause, Wednesday next, Why the two petitions should not be granted. ——___—. BAPTISTS IN SESSION. » Cause of Educentional Support Di cussed. The third and last day's session of the First Washington Baptist Association be- gan in the Mount Moriah Baptist Church today with devotional exercises. The committee which was appointed to look out for a suitable site for the old folks’ home reported that it had been un- able to select 2 proper one, but they hoped to purchase suitable ground in Charles county, in Maryland, and that the matter would be finally determined*by the exec- utive board. The report of the executive board was submitted and there was a long discussion upon it. The moderator will tonight announce the new executive board for the ensuing year. The afternoon session of the association was devoted to the reports from the Sun- day schools in the association. Rev. George W. Lee of the Vermont Ave- nue Baptist Church offered strong resolu- tions reviewing the condition of affairs in the south and condemning the outrages to which the negroes there were subjected. Death of Mr, J. A. Hutchinson. Mr. J. A. Hutchinson died this morning at his residence, 115 4th street southeast, of a stroke of apoplexy which he suffered yes- terdey. Mr. Hutchinsoa was private secre- tary to Senator Smith of New Jersey, and was known as one of the most skillful stenographers in the country. For many years he was the private secretary of the late Senator Kenna of West Virginia. During the early part of the present ad- ministration he acted as the assistant to the supervising architect of the treasury. Mr. Hutchinson was also an expert tele- graph operator, and at one time served in thé Washington bureau of the St. Louis Republic,, where he handled the private wire. He possessed the ability to take dic- tations in shorthand and then send or the wire direct from his stenographic notes, He also handled the private wires of a number of brokerage firms in their dealings with their outside connections, and was known as a man of sterling integrity and discretion, his whole training fitting him for the positions of confidence and trust which he scrupulously led. THE EVENING STAR, THURSDAY, JULY 11, 1895—TEN PAGES. THE TROLLEY'S FIGHT Arguing Today on the. Eckington : Road’s Case. oes BREASTWORK OF BOOKS BEHIND The Government's Attorneys Dis- cuss the Law and the Facts. A.DECISION TOMORROW ‘The arguments on the legality of the oc- cupation of New York avenue by the over- head trolley poles and wires of the Eck- ington Railway Company were heard by Chief Justice Bingham in the Equity Court this morning. There was some delay, ow- ing to the absence of Mr. Rideout, the attorney for the road, who did not arrive until 10:30 o'clock, and was soon followed by a couple of porters, carrying seventeen law beoks, which were supposed to contain at least seventeen different reasons why the Eckington Company is superior to the Commissioners, and how it happens that the directors know what Congress might Rave done if the latest session had been six months longer. Before he got down 10 business fourteen more books were brought in, and the stack on Mr. Rideout’s table looked formidable in contrast with the half dozen books in front of Messrs. Thomas and Duvall, who accused Mr. Rideout of carrying the policy of delay to the extreme ef reading enough extracts from the Ubrary on his table to keep the case run- ning until Congress meets again. Mr. Rideout first stated to the court that the first question to be settled was whether the case should not be heard on bill and answer. It had been £0 set by the com- plainant, the railroad company. He then read the bil! of the company, and while he Was So engaged a court attendant brought in thirteen more books, making the num- ber of czlf-bound foundation stones for the support ef the railroad’s argumentative structure a formidable one. The Constitution. Mr. Thomas read the answer of the Com- missioners and then Mr. Rideout said that the case arose from the eagerness of the executive officers to carry on the business of the municipality without guidance from the courts, and he declared that the issue was whether on not the Commissioners have the right to act upon their own con- struction of the statutes to destroy the property of the company. He cited the Constitution of the United States to sus- tain his argument that the Commissioners Pave no right to tear down the poles and wires “without due process of law,” and was quoting at length from Kent, Coke and other authorities to elucidate his the- ory of the meaning of this famous phrase wken Judge Bingham interrupted him to call attention to the fact that the Com- missioners, in their answer, have specifical- ly declared that they do not intend forcibly to tear down the poies and wires. ~ Mr. Rideout read the answer and insisted that it was shrewdly drawn. The Commis- sioners, he pointed out, had said that they had not aniiounced an intention to tear down the wires, but that they intended to sce that the law shovld be enforced. Rights of Congrens. “They have held a secret board meeting,” he said, “and have heard a luminous state- ment on the statutes from their distin- guished attorney, and have made up their minds what the law is, and now they pro- pose to carry out their determination to enforce the law as they themselves construe This, he argued, was the function of the courts, and the Commissioners should ‘not be permitted to exercise it. He was pro- ceeding to arraign the statute which ter- minates the period of the overhead trolley in town as an usurpation of the rights of the judiciary, for, he said, it is not within the power of Congress to declare that the charter and property of a corporation shall be forfeited after a certain day upon a failure to comply with certain conditions without a hearing. Judge Bingham again called his attention to the fact that Con- gress had the unquestioned right to make conditions to the charter, and that this was expressiy stipulated and reserved in the original act. Citing Authorities. Mr. Rideout insisted, however, that there eguld be no forfeiture of charter or prop- erty without a hearing, and he quoted from Judge Bradley's opinion in the Met- ropolitan railway case to sustain his point. In his argument he kept going further back in history for his authcrities, starting from Bradley, next quoting Webster, then the Magna Charta, and finally reaching the Eble. Th2 earliest instance where provision was mede for judicial ascertainment of the rights of a defendant, he sald, was in the case of the establishment of cities of ref- uge, and then Mr. Rideout bethought him of an ever earlier case, And’ declared that before Adam was evicted from Eden he was given a chance to be heard. Coming down to more modern instances, the attorney assailed the right of the Com- missioners to construe the law on their own account, and then some pérallels to illustrate his point. He supposed that Congress should pass a law prohibiting the use of any steam engine within a radius of fou blocks of the new city post office— wher completed—and that The Star should continue to run its engine after the day of limitation. The Commissioners, in such a case, he said, would have no right to de- stroy the engine without first giving The Star its legal right of a hearing. Mr. Rideout spoke of the destruction of the old Mt. Vernon Square market by ex- Governor Shepherd, and ‘denounced that act 48 @ gross usurpation of authority, declar- ing that the only reason why the market was torn down that historic night was that no judge could be found in time to sign a writ of injunction. Mr. Thomas Argues. Again the court called attention to the fact that the Commissioners have dis- claimed any intention to destroy the prop- erty, and Mr, Rideout insisted that the court cou!d not forget the fact that it is common knowledge that if the restraining order had not been granted the poles and wires would have been torn down on the second day of July. The courts often had to take judicial cognizance of the newspa- pers, and they had strongly intimated that such would be the course pursued. After making another long argument: about the ecnstitutional rights of the company, Mr. Rideout gave way to Mr. Thomas, who said that a great deal of dust had been kicked up by the counsel for the corpora- tion to becloud the case, which was a very simple one. He briefly reviewed the legis- lative status of the case, and then address- ed himself to the right of the Commis- sioners to carry out the positive provisions of the law. He quoted a New York case in rtain teleg.aph and telephone poles and wires were taken down by the city af- ter they had been condemned by the au- thorities. In that case the courts uphetd the city, ahd declared that the remedy of the corpo- ration was an infunction to prevent a tres- pass in case it had a legal right to main- tain the poles and wires, and if they were wrongfully removed it might institute suit for damages. Mr. Thomas reminded the court that the streets and avenues of this city belong to the United States, and thus are subject to legislation by In the present case it has been decided by Congress that the presence of poles and wires on New York avenue constitutes a nuisance, and five years of notice has been given to the corporation to remove them. There are no intricacies about the case, and the Com- missioners have a plain duty to perform. In a Chicago case, which was cited, Mayor Carter Harrison had some obstructing and illegal wires cut down without having given notice to the telegraph company. and this action was sustained by the courts. Violators of Law. Mr. Thomas stated that there were very many such cases, as the question of how best to control the overhead wire evil had arisen In all the large cities of the country. The answer of the Commissioners, he said, completely wiped out the case of the com- pany in a court of equity, and left it with- out a ieg to stand on. The poles and wires are in illegal occupation of the street, and now constitute a nuisance The company has not shown any facts to demonstrate | the legality of the poles and wires. It would not do, he urged, for the company to be allowed to plead that it had not the time to obtain an extension from Congress, for if that weredermitted the laws of Congress might dll be set aside on the most trivial excuses. He concluded by de- claring that the case was extremely simple. ‘The company is today a violator of the law and stood trying to restrain the agents of the law from earpving' it into effeat. The courts all over, had held that they could not grant injufctions against. threatened or possible trespass, but that a writ could lie after trespass -had actually been com- mitted. 2 At this point) a recess was taken, from 12:80 to 1 o’clock.- Not Cayered by Charter. When the ci rt_reeonvened, Mr. Duvall made a brief ‘statement to reinforce the answer of the Commissioners. He sald that the right and title of the ccmplainant must be clearly shown before he can have a standing in a court of chancery. This has not been done in the present case, said Mr. Duvall, and, therefore, the argument of counsel for the company is a waste of time. ‘The complainant, he went on, took its very life from Congress, subject to the condi- tion that the national legislature might at any time alter, amend, or repeal its chur- ter. Mr. Duvall cited the case of the Balti- ™more and Potomac railroad, which, after purchasing a square of ground near Long bridge for use as a freight yard, to relieve Maryland avenue, was prevented by the action of the Commissioners from running a track along a street to reach this prop- erty. The District Supreme Ccurt granted an injunction against the Commissioners, and this action was affirmed by the court in banc, but upon appeal by the Commis- sioners to the United States Supremo Court, the decision of the court below was reversed on the ground that no railroad corporation had the right to occupy any part of a street that has not been named in its charter. The Eckington road now seeks to usurp an equivalent of such a right by maintaining a line of poles and wires along a street not now covered by its charter. It does not do for the corporation to say to the conrt that public convenience will be best subserved by doing something else than Congress has declared should be done. That ples must be made ‘o Congress in an effort to secure a change of the law; but until such a change is made the court can- not take consideration of such Irrelevant matters. Congress, said Mr. Duvall, might repeal the charter, and the company would cease to exist. But Congress would not take the property or destroy it. Killed by Congress. Mr. Duvall referred to the effort to drag the Constitution into the case, and spoke of Mr. Rideout as his “antediluvian friend, who had tried to make Adam a party to the case." The company, he said, had brought into court a mummy, a dead thing, for the lfe of the overhead system on New York avenue between Boundary and 7th Streets had expired by virtue of the will of Con- gress, and the directors had asked the court, which did not originally give the road an existence, to revivify the corpse. Mr. Duvall said that Congress might have gone further without violating the Constitution, and provided for the de- struction of the property that had become an unlawful obstruction and a nuisance. He cited a case that was recefitly decided by the United States Supreme Court in sup- port of this contention. Mr. Duvall raised the question of who would be Hable for damages in case any- one should be injured by the fact that the poles and wires, opupied the street. In view of the fact that Congress had killed the right of the company to use the street in that manner aftet July 1, the Commission- ers would clearly be liable for the injury to human life or to property caused by the obstructions that became such at the expi- ration of the tlme’set by Congress. Closing Argument. Mr. Rideout began his final argument at about 2 o'clock, and started in by attack- ing the citations.made by the other side. He called attention to the fact that there is an overhead, trolley line being operated in Georgetown, and claimed that this was an unjust discrimination against the Eck- ington. He argued that the act which terminates the Ufe of the trolley is com- plex, and would puzzle any judge to in- terpret, and yet the Commissieners had un- dertaken to ¢pxstrue it themselves. He ontended that the other side had not once met the real issue in the case. This closed the, arguments, and then Judge Bingham announced that he would decide the case in the morning, and if any- thing should happen to prevent he would then set a time at which he would an- nounce his de-{sion. STILL MORE DELAY Treasury Department's Ultimatum to Post Office Contractors. According to information obtained at the Treasury Department, Tharp & Bond, the New York contractors for ironwork on the Washington city post office, are delaying their correspondence with the department, just as they have been charged with having delayed thelr work on the building. The eight days’ notice of the termination of their contract expired Saturday. The ope- ration of this notice was based on the con- dition that the terms of the contract ‘were not fulfilled within the period stated. The Last Letter. Owing to the non-delivery of the necessa- ry material no progress was made. in the work up to Saturday last. On that day Assistant Secretary Hamlin, who had been given special charge of the matter, ad- dressed a letter to the contractors, calling for specific information as to the causes of the non-performance of their contract, to- gether with a statement as to what might be expected of them in the event of the granting of their application for an exten- sion of time. They were given forty-eight hours to reply. Nothing was heard from them until yesterday. An Unsatisfactory Reply. Their letter was not satisfactory, inas- much as it failed to answer several im- portant interrogatories with respect to the work. It formed the basis of a “conference of treasury officials yesterday afternoon, the result of which was that Acting Secretar: Wilke sent Tharp & Bond an official tele- gram making a peremptory demand for an explicit reply to the interrogatories con- tained in department's letter of Saturday. An answer to this telegram is expected In tomorrow morning’s mail, and if it is not satisfactory, action will be taken that may prove disastrous to the delinquent firm. The Delay in the Work The work ‘on the building is delayed tnainly because of the abser.ce of two iron beams, Nearly 90 per cent of the iron ma- terial is on hand, but none of it can be put in position .until after the two beams in question have’béen put in place. The pros- ecution of the stone and brickwork is prac- tically at 2 standstill because of the same circumstance., Information was received at the Treasury Department that these two beams were shipped from the mill at Potts- ville, Pa., on tht 9th instant, and should arrive here tofay or tomorrow. Thelr de- llvery would permit the prompt resumption of work on the entire ircn structure and the stone and brickwork besides. Everything at present depends on these beams, and in oase they arrive today, or tomorrow, it ‘is possible that the depart- ment may conclude to extend the time of ‘Tharp & Bond, who would then be in a bet- ter position to complete the work than the government ¢r any other contractor. ——SEEe SALE OF CA L PROPERTY Cc. and 0. Real Estate East of Rock Creek Ordered Sold By consent of the parties interested, in- cluding the state of Maryland, Judge Cole this afternoon directed a foreclosure of the mortgage given by the Chesapeake and Ohio Canal Company May 15, 1878, for $817,- 584.17, and the sale of all the real estate he!d by the company east of Rock creek, at public auction. For the two parcels’ of land leased by the Washington Gas Light Company, the company has offered $100,000, and the court directs that that bid te ac- cepted, if no greater sum is offered at the public sale, the two parcels to be sold for no less amount. Charles F. S. Beale is ap- peantes trustee to sell, his bond to be $100,- | ROBBED THE STATION |C#4RGEO WiTH LIBEL|FINANCE AND TRADE Bold Case of Till Tapping at Har- : per’s Ferry. ROBBERS ESCAPE ON A TRAIN They Took the Station Master Unawares. HUNTING THE RASCALS Last night a few minutes before midnight the Baltimore and Ohio railroad depot at Harper’s Ferry, W. Va., was the scene of one of the mést daring robberies that has been committed in this section of the country during recent months, and hap- pening, as it did, so soon after the at- tempt a few days ago to bloW up a train with dynamite, it is suspected that the dynarniters had a hand in it. The robbery was committed while the 9:50 train from this city wes standing on the track in front of the station and while the man in charge of the station was seeing to load- ing a car with peaches to go west. Two men, who. had been on the train, committed the robbery and after making the suc- cessful haul they stepped back upon the moving train and departed. When the train pulled up at the station the two young men stepped off, and as scon as they saw the statlormaster step to the train to see to the handling of the freight they tore off an iror grating, forced a window and enteréd the station- build- ing. When they got inside the office of the passenger agent a jimmy was used on ene of the drawers, and the daring burglars carried off wnat money there was in it. Jcst what amount of money they got no one“except employes and officials of the company know, but it is known that an adjoining drawer contained between $500 and $1,000, and this the burglars missed. It Was Nently Done. The job was a quick and successful one, and the pair of expert crooks boarded the train as it moved from the station going west, and no doubt sew the station master as he started back to the station, where he made the discovery that the robbery had been committed. Just what action was taken is not known, but it 13 supposed that the operator was called out to send word to Shenandoah Junction or Martinsburg to have the train searched for the men, but if this was done the men were not captured, so far as could be ascertained this afternoon. The men who committed the deed were seen and can be identified if, caught. One | of them, it 1s said, answers the description given of the man who was evidently the Jeader of the’ gang, who used dynamite on the track near the Big Monocacy. Scouring the Country. Captain Grannan, who is im charge of the railroad corps of detectives, was 1ade acquainted with the facts in time to send some of his expert detectives on the trail of the men early this morning, and it is possible that they will be apprehended. It is thought likely that the robbers did not ride far on the train after committing the robbery, but got off at the first stop- ping place, and perhaps they jumped from the train while the cars moved slowly around some one of the several sharp curves near the mountains. Information of the robbery reached the police here this afternoon, and the au- thorities of the towns and counties along the line of the ro&d will probably assist in the search for the robbers. In the event of their having jumped from the train a short distance above Harper's Ferry it is possible that they returned this way on a freight train or on the canal, and may have reached here today. The search of the country for the men will be a thorough one, as the depredations on the railroad during the past few months have been numerous, and Capt. Grannan has made up his mind to catch some of them if it takes all summer to do so. Se DECLARED INSANE, W. P. Bagaly Drew a Revolver on a Lawyer. Walterman P. Bagaly, the Washingtonian who went all the way to Milan, Italy, to get a wife,apd who married a real countess, is now in serious trouble. The count- ess is the third woman whom he has taken as his wife, his first wives having been divorced from him. His last wife has now entered suit for divorce, and has taken all the testimony on her side of the legal controversy. Now the husband is incarcer- ated in the .sane asylum, his arrest being due to his conduct in a 44% street eating house Tuesday afternoon. Lawyer Campbell Carrington, who is the wife's counsel in the caSe, has been assist- ed by Lawyer H. W. Wiswell, who has taken most of the testimony, and in this way Bagaly became acquainted with Wis- well. Tuesday afternoon Bagaly was in the office of Lawyer Johnson, his counsel, when he saw Wiswell pass the door. He followed him to the lunch room, and enter- ing the place drew a large pistol from his pocket and pointed it in the lawyer's face, saying, “Somebody is going to be killed to- day, and it is not Lawyer Campbell Car- rington. Lawyer Wiswell was badly frightened at the sight of the weapon, bit all he did was to threaten the man with arrest if he not put away the pistol and leave the place. Bagaly, who the fawyer says had been drinking, walked out of the place and dis- appeared. Fearing he might do some trouble, Wis- well swore out a warrant and had him arrested. The case would have been tried in Judge Miller's court today, but several physicians examined the man who has been three times a husband and declared that the insane asylum was the place for him, When this had~been done a naile pros. was entered in the case, and the unfor- tunate man was sent over the river. It is said that Bagaly went or was sent to the asylum some time ago, and when he learned that his wife was going to apply for a divorce he returned home, apparently well. Mrs. Olga Bagaly, the wife, it is alleged, has spent more than $100,000 on her Amer- ican husband, aad Mr. Carrington is con- fident she will be granted a divorce. —$—— DISTRICT GOVERNMENT. Fire Escape Law. As briefly ouftined in The Star of yester- day, the attorney for the District has ad- vised the Commissioners against any com- promise with the representatives of Wil- lard's Hotel on the fire escape question. The Commissioners said today that it seemed to be the impression that the law relating to the erection of fire escapes was inoperative. This was a mistake. There was ample law, and it would be enforced when the time came. There was the pro- vision that no license could be granted a hotel which did not comply with the law. This was mandatory, and the Commis- sioners had no discretion. So it would seem that ‘unless the hotels put up fire escapes they could not obtain a license. Yesterday at noon bids were opened for erecting a fire escape upon Willard’s Ho- tel, in case the owners refused to erect ore, the cost of which was to be assessed against the property. Onl¥ one bid was submitted. It was that of Alexander B. Burns, and his price for the work was $1,850. Smallpox Hospital. Work will shortly’ be commenced upon the new Smallpox Hospital, which is to be Iccated in the neighborhood of the present hospital, immediately back of the jall. ._The contract was awarded yesterday to Colum- bus Thomas & Son. A disinfecting plant, cesting $1,600, will be provided for in the new hospital. It is expected that the hos- pital will be ready for occupancy by the ist of November. New Inspector of Coal. The Commissioners this afternoon ap- pointed Mr. John C. Hov.ard inspector and weigher of coal. Mr. Howard takes the place of his fatuer, who recently died. ‘Although but eighteen years of age, the new weigher is possessed of all the require- ments necessary to a good tion. clao Caesar Moreno Indicted by the Grand Jury. For Publishing a Statement That the 1talian’ Minister Was in League With the Padroni, The grand jury this afternoon returned an indictment. against Celso Caesar Mo- reno, a well-known Italian-American, charging him with libeling Zavier Fava, the Italian ambassador. b3 The indictment, a volum!nous document, | recites the passage by Congress, February 26, 1885, of an act to prohibit the Importa- tion and migration of foreigners and aliens under contract cr agreement to perform la- bor in this country, and the amendatory act of February 27, 1887, and refers at great length to certain unscrupulous and rapacious persons in thiz .ountry, Italians conimonly known as padroni, as being per- sons violating the two acts by trafficking and speculating in the labor of the needy and ignorant persons whom they induce to leave their homes in Italy for this country. ‘The unlawful contracts made with these poor persons by the padroni are referred to as so harsh, burdensome and unreasonable as to'involve the surrender to the padroni of their personal liberty, freedom of action and earnings to such an extent as to prac- tleally reduce the unfortunate ones to the agua of serfs and slaves of the na- ironi. So flagrant became these violations of the laws, says the indictment, that the matter became the subject of correspondence be- tween this government and that of Italy during April, May, June and July of last year, As one of the results of that cor- respondence, Ambassador Fava, May 7, 1894, appointed one Alessancro Oldrini, an agent of the Itajian government to inter- view and advise Italian immigrants to this country, and, with the consent of the Sec- retary of the Treasury, this agent was sta- tioned at Ellis Island, New York harbor, where the immigrants landed. The Charge Against Moreno. The indictment then recites that Celso Caesar Moreno, “being a person of evil and wicked mind, and of a most malicious disposition, did contrive, wickedly, mali- ciously,and unlawfully, to bring Ambas- sader Fava into public scandal, infamy and disgrace, by writing and publishing, and causing to be written and published, November 17, 184, a certain false, scan- dalous, malicious and defamatory libel con- cerning the ambassador in a hewspaper, known as the Colored American, printed, issued and circulated here.” The alleged libel ts as follows: “In order to continue to contro] the Italian padroni and slaves, to continue to receive the lion’s share of the spoils, to continue to blind the Amer- jean wyolice, to continue to mislead the United States commissioners of immigra- tion at Ellis Island, and to continue to keep in ignorance the American people and government on the nefarious tratfic in hu- man fiesh, viz., the traffic in Italian slaves of beth sexes and of all ages, ‘Don Basilio” Fava, the ambassador of the King of Italy, has appointed the self-styled professor, Count Oldrini, a veteran accomplice of the said padroni, and a go-between for Ambas- sador Fava, the Italian consuls and the pa- droni all over this country, as the chief of the bureau for the protection of the Ital- ian immigrants. “The Italian ministers, Corti, Blanc, Fava, and consuls, Deluca, Raffo, Riva in New York, Galli in Philadelphia, Manassero and Scintli and Squitli in Chicago and Lom- bertenghi in San°Francisco, have received millions of money. from the Italian padroni as their share of the spoils derived from this: traffic of Italian slaves, or, better said, of human flesh. But they have outraged and dishonored Italy, America and hu- manity.” A Bench Warrant Issued. Upon the filing of the indictment a bench warrant was directed by Judge Cole to issue for the arrest of Moreno, and a dep- uty marshal was at once sent out to make the arrest. . THE ANACOSTIA STRIKE. No New Movements—Denial Regarding Reported Loan. There-is no change today in the strike situation on the Anacostia railroad, each side holding ont with apparently as much determination to exhaust the resources and fortitude of the other as when the struggle began. The coaches eontinue to be liber- aly patronized, and great care is given by men who are detailed for the purpose to see that they are run on time and that no disorderly. characters are allowed on board to annoy the lady patrons or any other peaceable citizens. At this time no oné can be found who has the “nerve” to venture @ prediction as to when the strike will end, and the traveling public of Anacostia seems to have settled down to the belief that the present passenger. traffic facilities have come to stay for a good while. The lawn party for the benefit of the striking employes of the Anacostia Rail- road Company, which, as already men- tioned in The Star, ig to be held under the auspices of some of the leading citizens of Anacostia on che grounds of Mr. W. Mar- den King Friday night, promises to be a much greater success than even the most enthusiastic among its promoters at first hoped for, Did Not Negotiate the Loan. Riggs & Co. today made the following statement; “The statement that a loan of $100,000 was made in March last to the Anacostia Railway Company through or by us is without foundation tn fact, and we would be pleased if you would s0 state.” A Rumored Purchase. There was a story abroad this morning that preliminary steps have been taken to form a syndicate which has for its object the purchase of a contrelling interest in the Anacostia Railroad Company, and which, if consummated, will place the man- agement of the road in other hands chan affairs. those now at the head of ———__ Renl Estate Matters. David S. Hendrick has bought of T. Franklin Schneider, for $13,500, lot 22 in| # square 15, on Q street between lith and 18th streets northwest. —— Baltimore Markets. BALTIMORE, July 11.—Floar dull, wnchanged— receipts, 9,852 barrels; shipments, 1,377 barrels: sales, 150 Ly ttldd—spot a . ry hipments, 104,000 bushel he els? n—choiee timothy, $16.50. " Grain freights quiet, unchanged. Sugar firm, unchanged. Butter and ezgs steady, unchanged. Cheese firm, un- —_—__ Washington Grain Market. Reported by the Grain Exchange, Spring patert flour, per barrel, 3.7034.€0; straight fous, per barrel, 2.6058°70: winter, parent flour, per barrel, $7033.90; winter straight, fon win F extra dour, sh m4a30%; No. 2 ye 2 white corn, per bushel, 5: per ton, 17.00a17.50; No. 2 tim> y hay, per ton, 14.00a15.00; No. 1 ‘mixed hay, ber ton, 14.50215.00; No. 1 cut hay. ‘per ten, 17.003 17.50; bulk bran, per ton, 15.00316.00; bulk mid- dlings, per ton, '17.50a19.60; rre straw, ton, 10.00a12.00; wheat straw, Ber, on, 5.0045.80. The above quotations for car delivered on track, ‘Washington. Grain and Cotton Market: Cotton and gratn_ markets, reported by W. B. Frat toa broker aed Bak. Hibbs, stock, grain apd cotton 2 = GRAIN, CT% 69 1 43 Bh 23! i. ‘ 6.42 ane 635 620 6.20 High. Low. Close. Gs 683 6.88 805 658 6.94 700 69 6.98 708 898 1.02 Effect of the Government Orop Re- porta’ Publication, MARKING UP OF THE GRANGERS Selling to Realize Then Caused a Decline. GENERAL MARKET REPORTS —— ee Special Dispatch to The Evening Star. NEW YORK, July 11.—The publication of the government crop report was the basis ef a decidedly strong opening in today’s stock market, the advantages of which were subsequently destroyed by fes- sional trading for the decline. The area‘ve- voted to the raising of corn is reportedtio be nearly 4,000,000 acres in excess of the. previous record in this particular, and the Prospects for an enormous crop are un- usually good. The phenomenal yield of 1889 did not approach the one in prospect this year by millions-of bushels. The Granger shares were marked up sharply in consequence of this showmng, Burlington, as usual, responding most easily to the demand. The higher prices soon attracted the attention of the room, and selling to realize immediately became superior to the buying, a circumstance which resulted in liberal sales for the short , account. The prevailing sentimeht at once became bearish, and the entire list yielded to persistent operations against improve- ment. Reports of frost in the wheat helt con- tributed Mberally to the decline. The nar- rowness of speculation was at all times pronounced, and the outiock for immediate improvement hinges entirely upon the exi- gencies of the short interest, which has as- sumed Rroportions during the week. Missouri Pacific opéned strong on pur- chases made in anticipation of improved earnings. The company reported an in- Shea $96,000 for eed first ee ut the circumstance ‘un! a 1 1-4 per cent decline from initial being fcrced in sympathy with the weakness else- where recorded. Chicago Gas sold up 1 per cent from a strong opening, but became weak under re- newed selling by those most conspicuous in the covering movement of yesterday. A decline of 2 1-2 per cent from last prices re- Sulted from these sales, and rumors of fur- ther complications were freely circulated. The situation in this property is far from settled, and cautious trading will be re- warded for some time to come. The prop- erty has undoubted merit, but until its re- sources are permitted to be developed under both legal and legislative sanction, stock- holders have little to look forward to in the way of dividends. a ceedings will be inaugurated which will in- eure profitable results, but until the present vagueness {is relieved confidence will be wanting. Sugar sold down 3 per cent under a Lees vOlume of business, the tendency of ich met with little opposition. Certain grades of refined sugars were advanced 1-16 of a cent a pound, and orders are still taken, subject to delay in execution and delivery. ‘Tennessee Coal and Iron was weak at @ decline of % per cent, the decline seemingly being consistent with the purposes of the aarger interests. The recognized leaders of the bear forces were active in the market during the final hour, and the-lpwest level of the day was, in many Instances, recorded during this period. At some points of depression it ‘was evident that the purchases exceeded the sales, the appearance of weakness be- ing encouraged in order to facilitate the buying. —_—->—_—_ x FINANCIAL AND COMMERCIAL. ported by Corson & Macartney, members New York stock exchange. Messrs. Moore & Schley, No. 8 American > i American Sugar, Pfd, American Tobacco. American Cotton Oil. cy st Chicago. B. & Q..serrav. Chic. & Normuwmeatera i Gas. 9g C. M. & St. Pau, Pia. Chic., R. I. & Pacific Del.. Lack. & W....- Delaware & Hudson. Den. & R. Grande. Pid. Dis. & Catue Feeding. Washington Stock Exchange. Sales—reguiar call—12_ o'clock _m.—Metropolft Railroad Gx, $1,000 at 105%4; $1,000 at 10515; 1,000 t 105%; $2,000 at 105%." American Security ‘and t 138. Riggs Fire Insurance, 25 at S. ent Bonds.—U, 8. 4s, registered, 111 4 asked. U.S. 43, cougon, 112 bid, 1 asked. “U.S. 4, 1925, 123% bid. UL 1904, L1G bid, 116% asked. se aes District of Columbia Bonds, -20- 108 . —20-vear fund 5s, id, 112% bid. Water stock did. 7s, 1 Did. Water etock 7s, 1963, 30-year fund Us, 901. i OSs, funding, currency, 111% 10s, 400 bid. : Miscel Washington George- and 6s, Ist, 132 bid, 140 asked. etown Railroad conv. 66, 2d, troporitan Railroad conv. 6s, town Ratlroad com 06 asked. Belt Railroad fs, 90 asked. (Blumbia Ratiroad Gs, 111 bid, 111% ested. Wash ington Gas Company Gs, series A, 118 bid. Wash- ington Gaz Company Gs, series B. 114 bid. Wash- ington Gas Compzny conv. 6s, 130 bid. U. 8. Elec- frle Light conv. Ss, 139 bid. Chesa Fo- tomac Telephone 5s, 109 bid. American Security and ‘Trust 5s, F. and A., 100 bid, 102 asked. Amer- ., 100 bid, 103 sean Security and Trast’ 5s, A. and asked. Washington Market Company Ist 66, 111 Did, 116 asked.“ Wasitington Market ny imp. Gs, "111 bid, 116 asked. ~ Wasbingzon Market Com- Dany ext. 63, 104 bid. Masonic Hall Association Ss, 103% Did. Washin: inte on Light st Ge, 100 bid." Washington Light Infant id: National Bank Slocks.—Bank of Washlagton, 286 pid, Bank of the Republic, 250 Id. Metropolitan, jeg 80 ‘bid 185 asked. Second 138" Bid, 150 ica’, a a asked. Citizens’, 130% bid. Capital, 135) bid. West End, 106 bid, 110 askad. ‘Traders’, 102 Be 108 asked. Lincola, 99% bid, 103 asked. Ohio, 81: Did, 90 asked . nd Trust Compantes.—Nattonal Safe 23 bid, 130 asked. Washingtou bid, 124 asked. American bid, 140 asked. Washing- ton Safe Deposit, 80 asked. Railroad | Stocks.—Washington and Georgetown, asked. Metropolitan, 88 bid, 90 asked: ‘Georgetown and Tennaliytown, 80 261 bid, 281 as * Gas and Electric Light Stocks.—Wash! Gas, 61% did, 55 asked. Georzetown Gas, 30 bla s Electric Light, 133 bid, 125 asked. x Insuraace Stocks.—Firemen’s, 38 bid. Fraukitn, 43 bid, Go asked. “Metropoiltan, 70 bid. Corcoran, 52 bid. Potomac, *67 bid. Arlington, 150 bid. 1 asked. German-Ainerican, 169 bid. National Union, 10 bid, 15 atked. Columbia, 18 bid, 1534 asked. Ri 8% asked. People’s, cola Lad, ‘Si ‘asked. Commeccial, 8 bid, i "Tile Insurance Stocke.—Rteal Estate Title, 108 bid, 115 asked. Columbia Tithe, 7 bid, 8 asked. District Title, 10 bid, 18 asked. Telephone ope ere 38 bid, 50 asked. Ae *evaphophones 3 bi, BY, makeas Paramatie Geo 7 fone, 3. bs, . ous oe i Baste. Falls Tee, 145 asked. liscel cous Stocks. fee, Norfolk ant Washington Steamboat, 90 bid. "Mer: Zenthaler Linoiype, 106 asked”