Evening Star Newspaper, July 25, 1895, Page 9

$e NICHOLAS HANGED Paid the Penalty of a Most Peculiar Crime. NOT A WORD OF CONFESSION UTTERED To Possess a Woman He Killed Her Husband and Another. A STRANGE CHARACTER ———— Special Dispatch to The Evening Star. RICHMOND, Va., July 25.—Philip Nor- man Nicholas, the murderer of James Mills and Judson Wilkerson, was hanged in the Henrico county court yard this morning. A large crowd gathered about the court yard, but were not admitted, and the execution was of a private nature. Nicholas was one of the gamest men ever executed in Virginia. He mounted the seaf- fold cool and collected, not a muscle or a look exhibiting any sign of fright. Father Welbers was with the doomed man till the last and offered prayer on the scaffold. The murderer made no statement or con- fession, and after bidding the people good bye the cap was drawn over his face. It was a striking picture of a struggle be- tween will power and anxiety on the part of the doomed man. The trap was sprung at six minutes past 10 o'clock. Nicholas’ neck was broken and he was pronounced dead at 10:13 o'clock. . The body was cut down at 10:21 o'clock, put into a red coffin and turned over to the man’s relatives. He was confirmed as a member of the Catholic Church this morning at 6 o'clock in his ceil by Bishop Vandevyer, and mass was celebrated there. He evidently took much comfort from this. History of the Crime. The story of Nicholas’ crime Is unique, and has aroused a keen interest all over the state. It is a true story of “Three Men in a Boat,” one of whom, having conceived a passion for his neighbor's wife, was de- termined to put him out of the way, even though he had to commit a double murder to accomplish this object. There was a neat little plot cleverly executed in con- nection with the crime, and an interesting novel of the modern type could be readily woven around the facts by a skillful writer of fiction. To go back a generation or two, accord- ing to an old woman here, who knew the Nicholas family, there lived a wealthy man named Henry Nicholas, in. Bucking- ham county, before the war. He was a bachelor, and owned a beautiful, fertile farm on’ the south bank of the James, in Buckingham county, adjoining the historic county of Appomattox. He had horses, carriages, fox hounds with pedigrees, ser- vants and all, and he came and went at will, entertained his friends lavishly and was known all over the county. This was before the war. Henry Nicholas was hos- pitable and had friends a-plenty. He was fond of the chase and delighted in out- door sports. never married. He had money, a beauti- ful home, and everything he wanted, but he remained a bachelor. Henry Nicholas Fell tm Love. From an old lady in this city who knew all the Nicholas people before the war, It was learned that Henry Nicholas fell vio- lently in love with a pretty country lass by the name of Judith Amos. She returned the love, and the couple used to roam around the woods, stroll up and down the river by moonlight, and were often seen together. Henry Nicholas purchased a farm lower down the river, and moved his residence there. He was expected to marry Judith Amos, but for some reason which has never been known the marriage cere- mony was not performed. They lived to- gether for a year and appeared to be happy, the woman having left her home and gone to the residence of her lover. At the end of a year a child was born. He took his father’s surname, and the Christian name Philip Norman was given the child. Mean- time the father grew cold and neglected the mother of his child. His manner to- ward her grew more and more distant, un- til they separated, Judith Amos going back to her original home, where she is sald to be living still. The child was brought up by her, but when it grew older it became wayward. Poverty and lack of opportuni- ties were the predominating influence in the child's life, and Philip developed into an undesirable sort of character. He grew to be a man with litt!e or no assistance from his father, who refused to recognize him as his child. From Bad to Worse. Philip drifted from bad to worse, and people said the boy would certainly turn out badly If he did not reform. Several years ago he got control of a small farm on the James river, in Henrico county, and set up as a farmer. He made a living after a fashion, but his morals were bad, he neglected to Keep up the place, and when tt first occurred to him to put into exeenti the ghastly erie for which he was today executed he had sunk to a very low moral standard. He was a shrewd man. He gave every evidence of his keen judgment throughout the long and Interesting legal proceedings that resulted in his conviction. With glaring nts by witnesses in the case, with g chain of circumstantial evidence woven aoaaa him l.ke an invincible net, despite the apparent efforts on the part of those he considered his enemfes to convict him, he fought like a man of courage, cool- ness and determination, and was only con- vieted after his*ease had run through two courts, including the supreme tribunal of the state. He has been in prison for two and a half years, and even yesterday ap- peared to be cool, collested and full of grit. He said he would die game. He was about fifty years old, some five feet ten inches hich, with a hard, determined look and care-worn lines about the mouth. He Lived With His Vietim. wlas was an unmarried man. He lived in a room of the house occupied by James Mills and his family, the farm being rented by Nicholas, who conducted the place on shares, and was occupied a large part of his time as a trapper. Nicholas had been intimate with the wife of Mills, and determined to get rid of her husband. He purchased in Richmond some strych- ter it to her husband. This, it is ved, was done, as Mills was one day with a violent spell of vomiting, but equently recovered. On the night be- the murder took place James Mills and J. Wilkerson were at the house of kerson, mother of W. J. Wilker- ‘There it was arranged that Nicholas, s and Wilkerson were to go across the the next day, December 8, 1892, to a bee tree. Both MiHs and Wilkerson stated in the presence of the murderer that they could not swim. Nicholas had been to traps that morning about daybreak, but nobody knew that. While there he bored three holes in the bottom of the boat and stopped them up with corncobs. Every- thing was in readiness for the trip across the river, about 9 o'clock in the morning, and the three men started across with all their equipments to take the bee tree. They landed safely on the opposite side of the river in a secluded place a mile and Bon. M People said it was strange he a half from where any one lived. After S the tree they concluded not to cut it, as :t was near the main road, and might get them into trouble. The boat was a small one, about ten feet long and about two and a half feet wide. Both in going over cnd returning the murderer sat in the extreme rear of the boat, with his face to the front, while Wilkerson and Mills sat with their backs toward Nicholas. Both Men Drowned. When the three men were returning, and about fifty yards from shore, the boat sud- denly filled with water. Mills and Wilker- son, were both drowned and the murderer swam ashore. The next day an investiga- tion was commenced. The boat was gotten ashore, and It was found that immediately under the seat where Nichols sat there were three holes, freshly bored with an inch-and-a-half augur. Two days before that the boat was sound, according to the testimony of the owner, Mr. Bruin. Further investigation discovered fresh pine borings corresponding to tee size of the holes and of the same wood of which the boat was made. They had been thrown into the water and drifted ashore. The corncobs which had been cut to fit the holes were also found. Nicholas had in his possession am augur just the size of the holes in the beat. Detectives Hall and Tomlinson of this city went to the neighborhood, ani, after investigations, soon arrested Nicholas. They found him December 10, 1892, about 1 o’clock in the morning, in Mrs. Mills’ room. He showed no surprise at being ar- rested, and when he asked Mrs. Mills for his money she felt under her bed clothes and got the pocket bock. The evidence in the case showed that Nicholas had on several occasions proposed to Mrs. Mills to leave her hugband and live with him, and that he remarked to Mrs. Wilkerson that he intended getting rid of Mills, The morning after the drowning he was seen in Mrs. Mills’ room in her bed. While in jail Nicholas stated that if Mrs. Mills would hold her tongue it would help im. The Legal Proceedings. Nicholas was indicted in the county court of Henrico, December 24, 1892, charged with the murder of the two men. He elected to be tried in the circuit court, and, after a protracted hearing, was found guilty of murder in the first degree, Octo- ber 11, 1893, and ten days later sentenced to be hanged. From this judgment he took an appeal, and the supreme court awarded a writ of error. Before the supreme court the case was pending for a long while, and that tribunal recently ruled that the ver- dict was according to law and evidence, and the lower court was sustained, Judge George M. Harrison delivering the opinion. An appeal to the governor for a respite was made last week by the condemned man’s counsel, D. C. Richardson, and yesterday Gov. O’Ferrall decided not to interfere. —__—_ THE SUFFERING NEGRO COLONISTS. Immediate Private Aid Needed to Save Them From Starvation. Representative Bankhead of Alabama has asked the ucting secretary of state if the government cannot assist in bringing back to their homes the colored colonists in Mexico, who are, destitute and suffering. It is said that the department has tried to afford some relief, but 1s almost powerless te do so. It Is therefore represented that immediate private aid 13 necessary to save the unfortunate negroes from starvation. The consul at Piedras Negras has been instructed to render any assistance which he cam properly extend and to report any serious developments. Our charge at the City of Mexico has also been informed of the state of affairs as reported by the con- sul, and instructed to inquire into the treatment of the colonists. The Depart- ment of State has no funds which can be applied to maintaining destitute American citizens, other than seamen, in foreign countries, or to provide for their transpor- tation home, and it has been obliged so to inform the consul and all those persons who have made inquiries concerning these colonists. o+—____ THE PRICE OF COTTON, How It Has Fluctnated During the Past Hundred Years. The report of the Agricultural Depart- ment on the production and price of cot- ton for the past 100 years has been made public. It points out that the surplus of stock in Europe on July 1 last was (2,484,000 bales, against a total crop in the United States for that season of 9,476,435 bales. Prices, it is shown, reached the lowest point during the years when the accumula- tion of surplus stocks was the largest and that those were the years of largest crops. The average variation of prices during the years from 1991 to 18% was 2.21 cents, against a yearly range in the previous de- cade of 1.77. The greatest range of prices occurred during the period 1861 to 1870 in- elusive, being 43.95. The figures show that the ranges of prices were much higher and the fluctuations much more violent tn the decades 1821-30 and 183140 than during any other period excepting that of the civil war, when trade conditions were ab- normal. For the year ending July 1, 1895, the cot- ton crop in the United States was 9,476,435 bales; consumption, 2,704,153; exports from here, 6,614,619; stocks at the close of the year, 405,510. For Europe figures for the same period are: Imports, 9,387,000 bales; consumption. 6,903,000; stocks on July i were 2,484,000, —_-_e-_____ THE COURTS. Equity Court No. 2—Judge Hagner. Howland agt. McCammon; leave to with- draw exhibit from files granted. Willis agt. Thurston; commission to get infants’ answer ordered to issue. Turner agt. Moxley; J. Henry Turner appointed guar- dian ad litem. McArdle agt. Toumey; tes- timony before Chas E. Thorn, examiner, ordered taken. Brown agt. Brown; taking testimony suspended to file answer or cross bill. Beach agt. Beach; defendant's prop- erty ordered sequestered. Allen agt. Hay; sale ratified nisi. Starr agt. QVilson; rule discharged and injunction denied. Cireult Court No. 1—Judge Cole. National Bank of the Republic agt. Birt- well et al.; judgment by default. McCor- mick agt. Griswold et al.; do. Richardson agt. Evans; judgment by default and of ecndemnation. Criminal Court No. 2—Judge Cole. United States agt. Ransom Whitley, adul- tery; personal recognizinee taken. United States agt. Levi Poindexter, larceny; bench Warrant returned cepl; bail fixed at $1,500 and defendant committed tn default. Probate Court—Judge Cole. In re Thos. M. Fields, guardian of Dunn infants; report of guardian filed. — Fete Champetre at Glen Echo. The feta champetre which has been In course of preparation for a long time by the Knights Templar, Potomac Command- ery, No. 3, began this afternoon at Glen Echo. It was given on the grounis of the Chautauqua ampitheater, and the atteni- ance was all that could be desired. The afternoon was given up to outdoor sports, embracing - tournament, a Cossack ‘trill and Roman races by company A, sixth United States cavalry. The tournament had many entries, and was successful in every way. Company A gave a fine exhi- bition of horsemanship, and showed great dexterity in handling their steeds. In the evening the entertainment will be of &n, indoor character. A eplendid program has been arranged, embracing numbers of a concert and variety nature. The talent will be both professional and amateur, and among the number who have volunteered their services are Charles B. Hanford, W. H. Conley, Cullen & Collina, J. J. Fisher, Arthur E. Middleton, George O'Connor. Ed- ward C. Moore, George Graham of Prim- rose & West's minstrels, and Howard Rhine, the bicycle expert. ——— The President's Coachman Paralyzed. Wm. Willis, the President's coachman, was, yesterday about noon, suddenly strick- en down with a stroke of paralysis while attending to his duties about the stables. Dr. Cabaniss wes immediately summoned, and at once realizing the serious condition of his patient, he called in the assistance of Dr. Robert Reyburn. The two physi- cians are regular in attendance, doing all that can be done for the afflicted man. Up until noon today they entertain but little hope of their patient’s recovery. The Pr: ident, now at Gray Gables, is kept in- formed as to his condition. FOR DEBILITATED MEN, Horsford’s Acid Phosphate. wot TaE Aasmnder, Charlotte, N.C ety not only pleasant to the tast pe po the best of nerve tonics for debilitated men’? THE EVENING STAR, THURSDAY, JULY 25, 1895—-TEN PAGES. THE TROLLEY CASE Similar to That of the Telegraph Wires and Poles. REASONING §=IN THAT DECISION Mr. Pugh Confident That a Writ Will Be Denied. THE POLES MUST GO The Eckington trolley poles and wires along New York avenue from 7th street to Florida avenue wil! certainly be permitted to remain until next week, for Judge Cole will not hear the habeas corpus case until Monday. In the meanwhile persons inter- ested in the move of Prosecuting Attorney Pugh are spzculating on the probable re- sult of the proceedings. So far as Mr. Pugh is concerned, he is confident that Judge Cole will sustain the prosecution, and that the poles will have to come down, and the avenue once more cleared of the obstruction. In speaking of the case this morning, Mr. Pugh told a Star reporter that the decision can, in his opinion, be notbing other than favorable to the prosecution, and cited the decision in the case of stringing overhead telegraph wires, rendered several weeks ago by Judge Cole, in which he said: The Telegraph Wire Decision. “The case in question here is an informa- ticn filed in the Police Court against the re- lators alleging that they had violated an ordinarce of the late corporation of Wash- ington, approved the 22d day of November, 1862, In the following language: ‘No open space, public reservation, street, or any public grounds in the city shall be occupied by any private person for any private pur- pese whatever, under a penalty of not more than fifty nor less than twenty-five dollars per day for every day or part of a day any such place shall be so occupied; to be collected as other fines, penalties and forfeitures are collected for the use of the city.’ It is not claimed in the petition that the ordinance of 1862 is void for want of authority in the corporation to pass it, but that it was rep2aled by the act of Congress approved 22d June,i874; but it was contend- ed in argument that it is void for want of authority in the corporation to make it. “I have not considered the quéstion of whether the amended charter of 1848 con- tained sufficient authority to the corpora- tion of Washington to make that ordinance er not, for the reason that I think there is no doubt but that Congress has ratified it and made it its own act, whether the cor- poration of Washington had authority to pass it or not. “Section 91 of the Revised Statutes of the United States relating to the District of Columbia, which was a section of the act of 1869 or 1871, I do not remember which (but it was the act creating the board of public works), provided expressly that all laws and ordinances of the cities of Washington and Georgetown not incon- sistent with this chapter, except as mod- ified or repealed by Congress or the legis- lative assembly, shall remain in force. It is said in argument that that means only such as were legal. I do not think that that point is well taken. The express language of the act is that all the ordinances except those that are -nconsistent with that chap- ter should remain in force, and it is not inconsistent with that chapter, and I think that was a ratification absolutely. That is in accordance with the holding of the Su- preme Court in the case of Mattingly—and in the case of Shoemaker, against the Dis- trict of Columbia, where the Supreme Court had under consideration the question of the ratification by Congress of the acts of the board of public works, and although the acts of ratification there were incidental and not direct, it was held there was a ratification, and although the acts of the board of public works were originally void because without authority, the Supreme Court said that after the ratification by Congress they were as valid as if they had been originally authorized by statute. So I do not think that there is any ques- tion about the validity of that ordinance at the time of this prosecution, and we are not concerned with the question whether it was originally valid or not. “Nor do I think that it was repealed by the act of 1874. There is nothing In the act of 1874 inconsistent with it. There is no direct repeal of it, and nothing in the act of 1874, that would seem to ‘repeal it by implication. So-I think we must treat that ordinance as valid. Other Points Considered. “Of course if the ordinance was in- valid the Police Court would have no juris- diction to proceed In the enforcement of it, and the writ of prohibition would have been a proper remedy. Probably the remedy might have been by certiorari as well. But as I find that ordinance valid it is necessary to consider the other points thade in the petition. “The first one is that the relators were unlawfully arrested and forcibly carried before the Police Court and the said judge thereof, without a warrant or due process of law. “The record shows that these parti appeared there and pleaded ‘not guilty,’ and waived any irregularity in getting them there, so far as the question of juns- diction is concerned, certainly. The Po- lice Court, of course, could not proceed to trial unless it had them properly before the court, but their plea of not guilty shows that they were properly there for é¢he purpose of jurisdiction, and if they were improperly arrested and taken there their remedy is not prohibition. It would not affect the jurisdiction of the court after they ence appeared and submitted to the jurisdiction by pleading not guilty. “The next point in the petition is that they were unlawfully convicted under the said information without a jury trial, and the case of Callan vs. Wilson, 127 United States, is referred to as showing that the Police Court has no jurisdiction to try them without a jury in a certain class of cases, and I think it has been made posi- tive by statute that tn this sort of a case the defendant is entitled to a jury trial. But the act of Congress that gives the de- fendant a right of a jury trial in this case also provides that if he does not demand a jury trial he shall be considered to have waived it. -“The first act in relation to jury trials in the Police Court gave that court jurisdic- tion to impannel a jury to try a case, but did not say anything about the waiver, and it was held by the Court in General Term that the defendant could not waive. While that statute was in force a case was tried, and there was an express waiver of rec- ord, and the case was tried by the court, and the defendant was imprisoned under the judgment, and this Court in General Term, before the creation of the Court of Appeals, discharged the defendant on ha- beas corpus, on the ground that the Police Court had no jurisdiction to try a case without a jury, even upon a waiver, unless where the defendant was ertitled to a jury trial by the law. That case resulted in the passage by Congress of an act that gave the Police Court a right to try a case that might come before it, although the party might be entitled to a jury, of which he made a waiver, expressly of a record. In a cese that was prosecuted in this court, of second offense of petit larceny, the consti- tutionality of the last-menticned act was questioned, and the case went up to the Court of Appeals, and that court held the act to be constitutional. (See case of Belt agt. the United States, 22d Washington Law Reporter, page 447.) Silence a Waiver. “Congress subsequently amended the act, and provided instead of a walver being ex- pressly made of record that unless the party demanded a jury trial his silence should be considered as a waiver of it. Now, if the first act authorizing him to waive it expressly by putting it of record is. constitutional, I can see no argument against the constitutionality of the second act, which simply provides a different method of waiver. So I think that act is constitutional, and there is no charge in the petition that the relators demanded a jury trial I think if there was a charge in this petition that the relators had de- manded a jury trial and the Police Court declined to give it, the Police Court would then have no jurisdiction to proceed, and the writ of prohibition would lie; but there being no such charge as that, this point must fail. “The third and fifth points in the petition may be conaldered together, and the third cre fs ‘that the said 0! its face does not and n to apply to the erection, acd such a constructi nance on the part of amounts to an abuse of power,’ and the fifth, ‘that the said ordimarce, if it ever could have been appliewido the erection of feleeraph wices ee *elthat extent, an- nulled, superseded and fepealed by the said act of 1866, oe secticn 5263 et seq., of the Revised States of the United States.” “Now the petition alk Kes the facts to be that these relators wefé’putting up wires on poles already erecfed over 9th street. While there is nothing..sajd in the petition as to the height at whick they were being strung, it was stated in the argument that they were being put up at the usual height. I think. that weuld be the pre- sumption that they were being put where telegraph wires are usually put, at a con- siderable distance above the surface of the street. So that the two questions present- ed on this information to the Police Court were, first, whether stringing telegraph wires at that distance above the street was a violation: of this ordinance, which says that no space, public reservation, street or public ground shall he occupied by any private person; and the second was whether, if such acts were held to be a violation of that ordinance, the relators being employes of the telegraph company and working for that company and string- ing these wires, were excepted by the act of 1866 from the operation of this ordi- nance; and those were the questions for the Police Court to determine, and it is said that it had no jurisdiction to determine them. .If it had not, a writ of rrohibition will lie; if it had, it will not. The Question to Decide. “If I wero sitting here to decide these two questions myself, it is more than likely I would reach a very different conclusion from what the police judge did; but that is not the for me. The question for_me Mooking at ordi- eel the stattite aad ts, that nce of 1862 upon er was intended telegraph wires, f the said ordi- ie Police Court aresaid ¥ ~ ve Polive Court,I~ sy that then Court di not :May. of it. The statuté-_ jurisdiction, and beeause 1 with the police judge in his judgment upon the merits, and think that he committed an error, that would not justify me in committing a more serious error, of granting a writ of prohi- bition, to attempt to correct bis judgment, if he made one. I think the police judge had jurisdiction to determine those ques- tions. It is said in argument that the police judge had no jurisdiction to construe a United States statute, and there is an Eng- lish case referred to in support of the posi- tion, which holds a long way in that direc- tion. It 1s the case of Gould and Gapper, 5 East, 345, where it was held that a writ of prohibiton will lie to prohibit an inferior tribunal from construing a statute improp- erly, contrary to what a common court of law would construe it. But the police judge is granted jurisdiction to construe these ordinances, and he is granted jurisdiction also to construe acts of Congress, not ex- pressly, but by implication, for the act creating the court is an act of Congress, and the court must certainly have author- ity tb construe the act which creates It, and the only act that we have here In ref- erence to the sale of intoxicating liquors is an act of Congress, and Congress has de- volved upon the Police Court the exclusive jurisdiction to construe that, as decided by the Court of Appeals in a recent case. I did not study that case in East very much, but it does have a very strong bearing to support the argument of the counsel for the relators here undoubtedly; but when it is compared with the language of Mr. Justice Gray, which I have just read, where he de- fined for the Supreme: Court what the of- fice of a writ of prohibition is, and when it will lie, and when it will not, I think I must be governed by that; and he says that it cannot take the place of a writ of ertor, or of certiorari, and if I should issue a writ of prohibition in this cese I think it would be to correct ‘an error, and not to prohibit the exercise of a jurisdiction not belonging to the Police Caurt. “There is another «contention on behalf of the relators,-to the effect that-not only questions of jurtsdictlon may be controlled by a writ of prohibition, but also where it appears that the inferior court is not fair- ly exercising its judgment.or has perverse- ly decided wrong, and no other remedy ex- ists. There is an English case, Elston vs. Rose, 9 B.’and 8. 509, cited, which at first view would seem to support that, but upon a close examination of the case I do not think it does. “There are two cases, however,cited from South Carolina, where the county court held that breaking into an outhouse was burglary, and sentenced the prisoner to death, and the court of common pleas, or the court of general common law jurisdiz- tion there, interfered by prohibition, but I have no hesitation in saying that that was straining the law. Probably if a court was ever justified in doing that, that court was, for it was done to save human life; but I do not think that those cases can be used as precedents. I think it is clearly held by the decisions of the Supreme Court of the United States that the writ of pro- hibition will lie only where it appears that the police court or the court of inferior jurisdiction has either not jurisdiction of the subject matter of the particular case, or of the parties, or if it has jurisdiction, that it Is exceeding the bounds of its par- ticular jurisdiction in that case. The Writ Refused. “There was an argument used on be- hilf of the District against the issuing of the writ of pronibition, based upon the as- sumption that this court and the Police Court have concurrent jurisdiction of these offenses against the District. I have not considered that question. My impression at the argument was against it. I have not considered it, though. If it be so, ‘f this court and the Police Court have con- current jurisdiction, it may have a very decided effect upon the question of the right of this court to interfere by certiorari in cases of concurrent jurisdiction. This court and the justices of the peace have concurrent jurisdiction of all civil cases be- tween $100 and $300, and it is common every day practice to remove a case from the jurisdiction of a justice of the peace into this court in_ certiorari. Now, if this court and the Police Court have concurrent jurisdiction whether a party would have a right in the discretion of this court to proceed by certiorari might be a very serious question. But I have not considered that question, and I express no cpinion upon the point. The writ of pro- hibition must be refused, the rule dis- charged and the petition dismissed.” - Facts Now Mueh Stronger. The facts in this, the trolley case, against the Eckington and Soldiers’ Home railroad, are much stronger, said Mr. Pugh, than they were in the case of the telegraph wires. In that case there was no charge made that poles were imbedded in the street, but simply that the wires were strung upon existing pules, and poles which did not exist in violation of law. In order to decide in favor of the trolley, Mr. Pugh thinks that Judge Cole will have to reverse his former decision. As his former decision was in accordance with the law, he has ze idea that there will be any re- versal. In the special Biba made by Lawyer Ridout, counsel for, W. K. Schoepf, vice president and manager of the Hckington rcad, Mr. Pugh says ne showed beyond any doubt that the District has a good case. He referred particptarly ‘to that, part of the plea which reas “That sald poles and wires ae con- stitute one permatient ’Structure, firmly affixed tc the bed of saidiavenue and street, and that the sald pienué and street have been cccupied by sald structure under the authority conferred-by said act of Congress continugusly from. the ‘érection of said poles and the stringing of said wires there- on, down to and Including the 2a day of July.” What Mr. Pugh)‘Thinks. In this pert of the pléa, Mr. Pugh says the occupation of the avenue is admitted and it is claimed that it’s justified by an act of Congress. That act, says Mr. Pugh, has been repealed, and so far as the occu- pation by poles and wires 1s concerned the company stands just where it did- before the act was passed. The District, he thinks, cannot therefore lose the case, and the poles must necessarily come down. ——._—_ Stanley J. Weyman. Next Saturday’s Star will contain the first installment of “The Cat and The King,” a most Interesting story by Stan- ley J. Weyman, author of “A Gentleman of France,” etc., one of the most popular authors of the day. The story will be in three installments, published daily, begin- ning with Saturday. A detective story of intense interest by Howard Fielding, called “Stamps Enclosed for Reply,” will be published in full in the same issue. ———— Steamer Macalester to Marshall Hall and Indian Head Thursday, Friday and Satur- day evenings, at 6:20 p.m.—Ad' LATE SPORTING NEWS CLEVELAND WINS ANOTHER. - Events Yesterday on the Ball Field— Standing of the Clabs. Cleveland won the fourth game with Washington yesterday in the elghth in- ning. Crooks fell down in trying to fleld a ball, and Cartwright made a bad throw, and this, coupled with free hitting, gave the Spiders six runs and the game. Mercer and Boyd did the pitching for the Senators and Knell for the Clevelands. The latter was batted hard, and, but for the two mis- plays mentioned, the Senators would have won the game. Joyce made, another home run, the third in the series, over the right field fence. Game was called at the end of the eighth inning to allow Washington to catch a train. The score: id | count of the good work of #: CLEVELAND. | WASHINGTON. R.H.O0-A.E. R.H.O.AE. Burkett,If.. 33 “00 0 SelbachIf...0°1 3 0 0 | 2 2 4 4 1 Joyee,3b..2 1210 2 210 2 0Oatw 22801 21 3 2 OMetuirec.. 21411 © 121 1 Abbeycf... 11100 O 1 4 0 0 Crooks,2b...1 2411 McGare,3b-, 0 1 0 3 OSchelbeck,ss 0 0 1 9 1 G.Tebeau,rf 2 2 1 © OMercer,rfp. 0 010 0 KneLp.....1 0 0 4 0 Boydp.rt 1030 Totals... 12132416 2 Totals.... 8 92414 4 Cleveland. o1 1 0 6-12 Washington. z 00 03 0-8 Earned runs—Clevel: Washington, 3, First base by errors—Cleveland, 2; Washington, i. Left on bases—Clevelard, 6; Wa ton, 7. First base on balls—Ofm Knell, 3} of Mercer, 2. Struck out--By Kuell, 3 iby. Boyu, .: lome run— Joyce. ‘Three-base hitsMcKean, O'Connor. Two- se hits—McGarr, G. ‘Teveau. Sacritice hits— Knell, Abbey. Stolen bases—Burkett, O'Connor, Childs, Zimmer, McGarr, G. Tebeau, Knell, Abbey, Crooks, Double plays—McKean and ‘O*Connor; Zi mer and Childs; McGarr, Childs and O'Connoi Schetbeck Cartwright. Hit by opitcher—Boyd, Knell, Childs. “Umpire—Emslle. e of St. Louis lost the game to Boston through an error by Quinn. Upto that time the Browns had the game in their hands on ac- hret. Kissinger finished the game and blanked the Eostons. The score: St. Louis. 0120010004 Boston . 10000400x5 Batterles—Ehret, Kissinger and Mille. Stivetts and Ganzel. New York won yesterday's game with Cincinnati on errors by the latter. The score: Cincinnati ... 00001303 07 New York. o3 0041 1x9 Batteries—Dwyer, Foreman and Vaughn; Meekin and Farrell. Baltimore received another set-back yes- terday at the hands of the Pirates. Pitts- burg won by hitting Esper hard in the eighth inning. The score: Pittsburg 10000305x-9 Baltimore 5000000005 Batteries—Hawley, Foreman and Merritt; Esper and Robinson. Standing of the League Clubs. Clubs. Ww. L. W. L. PC. land. 32 37 BA REESE. BA 32 1543 Cincinnati... 42 Philadelphia. 38 14 57 Where the Clubs Play Today. Washingtons at Chicago. Bostons at Cleveland. New Yorks at Pittsburg. Philadelphias at Cincinnati Brooklyns at St. Louis. Baltimores at Louisville. THEY ADJOURNED TO DINNER. Fire Insurance Men Leave the Ball Field for the Dining Room. The game between the Baltimore and Washington fire insurance agents, which was to have taken place yesterday after- noon at National Park, was called off on account of rain. The boys were very anx- ious to play, however, and rolled around in the mud and rain for four innings be- fore they would consent to the. game being called. At the conclusion of the four in- nings the whole party was driven to the Emerich Hotel, where an elaborate dinner was served. The Baltimore contingent ar- rived on the 3:10 train, and were met at the depot by the Washington team. They were driven to the scene of the morning's fire ard then to the base ball park. A number of pleasant and entertaining short addresses were made at the dinner by the members cs both teams, and their friends. Thos who took part in this wey were Messrs. Benzinger, Heisler, Loud, Poe,Bow- man, Stocksdale and Longfellow of Balt- more and Allen, Grove, Saul, McCormick, Brashears, Gaddis and Belt of Washington. Mr. W. C. Grigsby, the correspondent cf “Rough Notes,” acted as toastmaster in the absence of Mr. J. B. Wight, the presi- dent of the Washington Underwriters’ As- sociation. A trophy was presented to the Baltimore team by Messrs. Maury and Donnelly. St. Asaph’s Yesterday. The feature at St. Asaph’s yesterday was the race of West Park, who won at 10 to1 from such a good little sprinter as Con Lucy. Mud horses were in demand, and three of these succeeded in landing their backers’ money. The track was muddy, but the sport was good. The winners were Genzales, 1 to 2; Dutch Girl, 1 to 2; West Park, 10 to 1; Pirate Chief, 11 to 5; Sonora, 7 to 5; Selah, 4 to 1. ONE ENJOYS Both the method and results when Syrup of Figs is taken; it is pleasant and refreshing to the taste, and acts gently yet promptly on the ‘Kidneys, Liver and Bowels, cleanses the sys- tem effectually, dispels colds, head- aches and fevers and cures habitual constipation. Syrup of Figs is the only remedy of its kind ever ee duced, pleasing to the taste an ceptable to the stomach, prompt in in its action and truly beneficial in its effects, prepared only from the most healthy and agreeable substances, its many excellent qualities commend it to all and have made it the most popular remedy known. jyrup of Figs is for sale in 50 cent bottles by all leadin gists. Any reliable druggist who may not have it on hand will pro- cure it promptly for any one who wishes to try it. Do not acceptany substitute. CALIFORNIA FIG SYRUP CO, SAW FRANCISCO, CAL. LOUISVILLE, KY. MEW YORK, W.¥. SOCOS OSES SOOOOSESESEOOOO EE 3 Light Your 3 Show Window 3 for 25c. Tonth. ‘Think of it, only 25e. for a Sle- mens-Langren Gas Lamp that sleds a soft white light—brighter than electricity and better. This ; Irmp hangs from the cefling, and is absolutely safe. See it in opera- , tion at the $Gas Appliance = 2 1428 N. ¥. ave. ——— GRAND RAILROAD COMBINATION. Secret Conference to Bring All Trunk Lines Into a Deal. Conferences preliminary to the meeting of the committee appointed by the Trunk Line Association to consider plans for maintaining the freight rates were held secretly at the Oriental Hotel, Manhattan Beach, yesterday. It is pro- Posed to form a combination of all the rail and lake lines, under an iron-clad agree- iment to abide by the rulings of a commis- sion of three. The plan contemplates the discontinuance of all existing agreements; the merging of the traffic associations; the discontinuance of soliciting agents and the establishment of a clearing house for the adjustment of way bills, tickets, etc., cov- ering more than one line; the abolition of all fast freight lines as such, but permit- ting their continuance as names of routes, and the appointment of advisory commit- tees to act with the governing board of three” The roads which it fs proposed to bring under the working of this plan are those now allied with the Traffic Associa- tion, and the hope is to make freight busi- ness profitable on long hauls, where there has been more or less loss. The plan finds more favor with eastern than with western railroad men. A Doctor’s Bill for Services. George Henderson, a practicing physician, today filed a bill in equity against Joshua Braxton and Mary Braxton, asking the sale of lot 41, Pleasant Plains, to satisfy a claim for $40 due for professional services rendered the late Benjamin Braxton. Committed in Default of Bail. Levi Poindexter, colored, accused of the larceny of seventeen watches from Domin- ick Richenbacher, a watchmaker at 1213 G street northwest, some weeks ago, was today brought into the Criminal Court and committed to jail by Judge Hagner in de- fault of $1,500 bail 983 % of all cases of caasne tion can, if taken in the earlier stages of the disease, be cured. This may seem like a bold assertion to those familiar only with the means gener- ally in use for its treatment ; as, nasty cod- liver oil and its filthy emulsions, extract e malt, whiskey, different preparations of hosphites and such like palliatives. ge by many believed to be incura- ble there is the evidence of hundreds of living witnesses to the fact that, in all its eatlier stages, consumption is a curable disease. Not every case, but a large per- centage of cases, and we believe, fully 98 fe er cent, are cured by Dr. Pierce’s Golden edical Discovery, even after the disease ian peeeed so far as to induce repeated bleedings from the lungs, severe lingering cough with copious expectoration (includ- ing tubercular matter), great loss of flesh and extreme emaciation and eveakness. Do you doubt that hundreds of such cases reported to us as cured by “Golden Med- ical Discovery ’’ were genuine cases of that dread and fatal disease? You need not take our word for it. They have, in nearly every instance, been so pronounced by the best and most experienced home physicians, who have no interest whatever in mis- representing them, and who were sae strongly = and advised agait a trial of “Golden Medical Discovery.” bet who have been forced to confess = it it surpasses, in curative power over this fatal malady, all other medicines with which they are acquainted. Nasty cod- liver oil and its filthy ‘‘emulsions” and mixtures, had been tied in nearly all these cases and had either utterly failed to bene- fit, or had only seemed to benefit a little for a short time. Extract of malt, whiskey, and various pre} tions of the He ener phites had also been faithfully tri The photographs of a large number of those cured of consumption, bronchitis, lingering coughs, asthma, chronic nasal catarrh and kindred maiadies, have been skillfully zeproduced in a book of 160 pages which will be mailed to you, on re- ceipt of address and six cents in_stamps. You can then write those cured and learn their experience. Address for Book, WORLD’S DISPENSARY MeEprcat AssocraTion, Buffalo, N. ¥. SOCCDSTOCEOO FSC OSTOTSOSSDOS Chapped Hands and Faces Cured by’ Pine Blossom Soap. The best Medicated Tollet Soap known for inflammatiog, blotches and ali skin blem- fishes. Chapping and roughening of the skin can be prevented by using this soap freely. Pare and antiseptic, it is always soothing ‘and healing tn its effect. Price 25 Cents, AT ALL DRUGGISTS. Foster Medicine Co., Baltimore, Md. 42a12r-12 NEVER BerORE NEWER ACA Brery Baby Carriage in our stock 1s offered this week—end this week «nly—BELOW COST—and on CREDIT! Pay us when you plesse—weebly or monthly—no nutes—no interest. A Hantsome Car- riage — neatly up- holstered—bicy-le or 95 weeden wheels—pat- ent adjustable para- sol holder, Re- a €uced to...-..4. + Regular prices will prevail on and after Moaday, July 29, GROGAN’S Mammoth Credit House, §19-821-823 7TH STREET NORTHWEST. Sy22-84a 31.05 sim Hand Brush, Topth Brush, Cake Turner, 3 Potato Masher, Ladle, Forks, Sprone, fe. | 3 5 GOLD KNOCKED OUT. We make a specialt; I filled Rimless Ty roidlicd en < Spectacles warranted to wear 10 riot met *. 3. ‘os gold 0 leaders Everything low. HARDWARE CO.. 11th and E sts. jy3-3m CORDIAL. but it will cure All druggists. Act almost instantly, most obstinate cases. in from 1 to 3 days, ‘ia and all stomach troubles pat Ry Catarrh ¥ speedily curing = heumatism cured positively cured. Hi e cured in 5 minutes. Nervous diseases promptly cured. Kidney troubles, Piles, Neuralgia, Asthma and all Female Complaints quickly cured. Munyon's Vitalizer imparts new and vigor to weak and debilitated men. Be druggist for a 25-cent vial of one of Munyon’s Cures, and if you are not bene- fited your money will be refunded. This Company puts up Acure for every disease THE ANIMAL EXTRACTS, CEREBRINE [Extract of the brain of the oz, oe CARDINE, Extract of the H for Func- — ‘Weakness or the Heart, tract of pint inal MEDULLINE, iS? Cord, for TESTINE, For aeelton alll OVARINE, For Diseases of Women. THYROIDINE, For Eczema E “8 and impurities of Dose, 5 drops. Price, $1.25. SOLE OWNERS. Columbia Chemical Co., 1404 FOURTEENTH ST. N.W. Washington, D. G. Send for book. Je6-th,s,tutt BRIAR PIPE GIVEN AWAY MIXTURE for Xo Fos cents Every pipe stamped DUKES MIXTURE or <ai> 2oz. Packaces 5¢ @2O9 SSSeese EO 2 6 “CREDIT IS OUB CREED." fn our judgment of human nature. Any man who's honest our “Equitable Credit System” fs ready and anxious to in all the years we have business here—in not a single stance have we been imposed supon. How could we be? Don't we give you your own way sbeo- lutely? After you've picked out the FURNITURE — CARFETS — MATTINGS — — RE FRIGERATORS — BABY CAR- RIAGES, &c.—ther come the terms of porchase. ‘You can make weekly or monthly pay- ments—make "em big or little— Just as your resources will permit. But a man must be honest, be- cause all we have to secure us is ® promise. . You KNOW you can get credit here. $080 200000000008000008 House & Herrmann, 917, 919, 921 and 923 7th St. 636 Mass. Ave. jy20-S44 282 Attention! | @DGSHHHIOHOSSOSOHIDSOSEOOIOEO LOS ©O8O96009 & @ % cs bf 3 , : S| Attention! i SHOOSSOOSOSE SO SOOSHSSOSIOSSOOSOOOOSOSECSS SPORSOSOCS SOOO SESE SEN 2OC SS Seer ererewe Ladies P: Pay $2-=$2.50=$3 For OXFORDS, here. Lots of them come to us, now—who've been accustomed to pay $2.50, $8 and $8.50. They'd have those ‘prices own Lode have on out re, DO. nell OO: ox- FOuDS Sue. a pair u relawn—found we've ail the swell toss in black and tan—found our Oxfords are perfectly es and just as we claim them z [ eoperenss 3 S| 3We’re Making Friends sa Lots of _— 3Robt. years 3 630 Penn. Ave. N.W. Seococceceoesebotoeeneeees DOWNTOWN AMERICAN SHOE MEN.. Pee Serer erterr bree 4