Evening Star Newspaper, October 12, 1895, Page 7

THE EVENING STAR, SATURDAY,-OCTOBER 12, 1895-TWENTY-FOUR PAGES. % THEY FEAR THE LASH How the Whipping Post and Pillory Work. DELAWARE'S EXPERIENCE WITH THEM Crime Said to Be Lessened and Good Order Easily Maintained. FEW HARDENED CASES Cofrespondence of The Evening Star. WILMINGTON, Del., October 11, 1805. ‘The whipping post, which has been recom- mended as a punishment for certain grades of crime by the grand jury of the District of Columbia, has been in use in the state of Delaware for over two hundred years. As to its efficiency in preventing crime, or its desirability as a mode of punishment, opinions vary, but certain it is that no movement to put it away has ever met with great popular approval, and present indications are that its use will be con- tinued for many more years. The first record of the whipping post ap- Pears in the old colonial chronicles, in 1656. Jan Risingh, then governor of New Sweden, had paid a visit of state to the Dutch Fort Casimir; where the city of New Castle now stands, and among other ceremonies in his The Whipping Post. honor the commander of the fort caused three prisoners to be brought to the post and soundly flogged, for the purpose of im- pressing the visitors with a profound idea of the discipline he maintained in the col- ony. he pillory, or stocks, are part and parcel of the corporal punishment in use in Dela- ware, and sometimes the two appliances fie constructed together. The cut repre- gents the pillory and whipping post in the jail yard at New Castle. The victims are prisoners who had doiibtless in their time tasted to the full measure the tortures of the punishment, but who, for this special occasion, accommodatingly consented to take their places while the photographer performed his. work. The Pillory Embrace. ‘The pillory is on a platform above the whipping post. The portion of the post above the platform has a cross-beam about five fect above the floor. The arms of this beam on cach side of the post consist of two pieces, the upper ones being movable and conrected to the lower ones with hinges, so that they can be raised. Each of these ayms has three openings, one for the neck aka the other two for the wrists of the culprits. When a prisoner is ready for the ptnishment the upper part is raised, and, after his neck and wrists have been gently placed in the receptacles, the up} Piece is lowered and fastened down.. Hel he must stay for an hour, the limit of the pilflory term prescribed by law. The posi- tion becomes excessively painful long” be- fore the expiration of the hour, and in cold: The Pillory. Weather the unfortunate victim suffers keenly. In oldea' times the spectators were permitted to pelt the poor victims with old eges and decayed vegetables, but this dis- graceful practice has een prohibited” for many years. The whipping post, one foot square, is provided with an iron staple on either side, in which the prisoner’s wrists are in- serted and the staples fastened down with hasps. This confines him securely, and though he may move his body.and dance about under the tortures of the lash, he cannst escape from the blows inflicted upon him: of The general use of the whipping post is as a punishment for larceny, and the number of lashes for this crime varies from five*to twenty, at the discretion of the court. Formerly women were whipped, but they have been exempt from corporal punishment for. thirty years. The pil- lory of itself is provided as a punish- ment for .,forgery -and assault and battery with intent to commit murder. Post and .pillory combined are imposed for the crimes of arson, burglary, high- way robbery, horse stealing, and assault with intent to commit rape. Formerly, a prisoner convicted of murder in the sec- ond degree was sentenced to an hour in the pillory and sixty lashes, in addition to imprisonment for life, but several years ago the corporal part of the penalty for this grade of crime was removed. + Discretion of the Court. ‘Another modification of the law in re- gard to the penalty of whipping is the clothing of the court with authority to omit corporal punishment for larceny where the prigoner, having been convicted for the first time, is recommended to mercy by the jury; or when he pleads guilty and furnishes proof of previous good character. * While in years past the whippings were very severe, invariably drawing blood and frequently cutting the back of the victim into large. deep welts,‘the custom for the ist two decades has been to apply the lash lightly. The language of the law with respect to corporal punishment is: “The punishment of whipping shall be in- flicted publicly, by strokes on the bare back, well laid on. It shall be administered by the sherist or his deputy.” (Chapter 133, section 29, Revised Code of Delaware.) Bach sheriff, however, construes for him- self the language of the law, “well laid on,’ and so general has become the cus- tom to apply the Jash lightly that it is seldom a drop of blood is drawn, even in a sentence of thirty or forty lashes. Some- times, in the case of a prisoner whose of- fense has been of a particularly heinous or revolting character, the sheriff will con- strue the law literally, and give the of- fender a whaling that he will never for- get. Such instances, however, are rare. absence of any specifle provision in the law respecting the instrument with which the punishment shall be inflicted has caused a curious variance in the practice followed in the three counties composing the state. In New Castle county the sheriff the genuine “cat-o’-nine-tails.” The consists of nine leathern thongs, each an eighth of an inch in thickness, fastened to a stout hickory handle. The thongs are about two feet in length. Terrors of the Lash.- . It can readily be imagined how terribly a culprit’s back could be mangled with this veritable instrument of torture should the sheriff decide to comply with the language of the law, and see that the lashes were “well laid on.” And yet, in slavery days, Many a negro, and white man, too, had his back fairly cut into ribbons by the awful “blows of this terrible scourge. It could be 80 now, did the sheriff choose to consider aes duty under the law. In Kent county the sheriff whips all post victims with an ordinary rawhide whip. This gives the cul- Prita in this county practically only a ninth part of the punishment their fellows . at the New Castle jail receive. Here, also, the sheriff uses his discretion as to what constitutss lashes “well laid on,” but se- vere punishments and the drawing of blood are the exception and not the rule. When the sheriff of Sussex county has offenders to thrash at the post, he simply goes out and cuts 4 supply of pliable hick- ory switches, using his discretion as to their size. Switches superceded the lash in Sussex about forty years ago. The punishment of the whipping post ie Most frequently inflicted for the crime of larceny, and most of the offenders are ne- groes, It can scarcely be argued that the Punishment is a deterrent. Men continue to steal, despite the terrors of the whip- ping post, and instances are. not rare of hardened offenders be!ng returned a second end even a third time to receive their pun- ishment. The ordinary criminal, the man of low intellect and vicious tendency, seems to have little dread of the whipping post. The Moral Effect. But there are many who hold that the post and pillory serve to deter the com- mssion of many graver crimes in this state, particularly that of burglary. Sit- uated as is Delaware, and particularly the city of Wilmington, on the main highway between New York and Washington, it is contended that the skillful burglars of the large cities would fairly overrun this com- munity did they rot so much dread the punishment of the post. The jails of Del- aware could not hold such fellows, and it is urged that. only the peculiar mode of Funishment provided for their crimes keeps them away from here. The high-class professional burgfar looks upon the whipping post as a degradation, and one who is unfortunate enough to be cumpelled to embrace it and feel the sting of the lash upon his bare back, loses caste among his fellows. This was shown back in 1813, when “Jimmy” Hope, “Big Frank” Carter, “Jimmy” Lawler and ‘Ed’ Hvrlburt, four of the most famous cracks- men in the land at that time, took the ob- noxious dose of post and pillory for an at- tempt to rob the Bank of Delaware in this city. These burglar princes would have | guaranteed the payment of any amount of rioney could they have evaded the sentence of an hour in the pillory and forty lashes eack imposed upon them. They felt it as a disgrace that forever barred them from the scciety of high-toned burglars, and though the sheriff applied the “cat” in a manner that searcely reddened their backs, they hung their heads*in deepest shame while the castigation was being admin- istered. All soon after escaped from the prison, but all felt that they had been forever degraded by their public fiagella- tion at a Delaware whipping post. There has never since been an attempt to rob a bank in Delaware. Fear of the Disgrace. Burglaries are committed here, but they. seldom amount to much, and are almost invariably the work of bungling amateurs. Skillful professionals in this line of busi- ress give Delaware a wide berth. It is also held that the fear of the disgrace attehding punlshment at the post keeps many a young man inthe line of honesty who ctherwise might yield to the temptation to go astray. Of corse, this is largely con- jectural, but it is a belief entertained by many. The whipping post, therefore, has hosts of supporters among the good peo- ple. of Delaware. They look upon it asa prétection to a state too small tu provide itself with the elaborate and costly means of punishment for desperate and dangerous criminals. The judges of the courts have never joined any movement to do away with the post and pillory. Every prosecut- ing attorney for thé past fifty years has upheld the institution as a good one for the punishment of evil doers and the preven- tion of crime. For these reasons & is safe to predict that the post and pitory will remain in Delaware for many more years. The only recent agitation of the question was a suz- gestion made a few years ago to extend the punishment of the ‘whipping post to men who beat their wives, but the suggestion Was not put ifito practical shape. It is likely, however, to come up at any session of the legislature, and will find many warm advocates,. As to the efficacy of the pun- ishment*for this offense, thesrecords of the courts of Maryland, where it has been in ferce for some years, ought to afford ample lence. M. T. EEO aioe DURRANT LEAVES THE STAND. Has Suffered the Ordeal of Cross-Ex- amination. +, After a three days’ ordeal Theodore Dur- rant, accrsed of the murder of Blanche Lamont in San Francisco, left the witness stand yesterday. District Attorney Barnes tried to draw from the defendant .dmis- sions that he was well acquainted with the use of bromo seltzer, as used in medicine. Dertrant’s replies indicated that he had de- veted the night to a study of the com- peund, as he replied that he had conversed with Dr. West about it in the jail. He was able to give its analysis and detailed its pathological effect. For the first time during the trial Dur- rant pleaded ignorance. In reply to a ques- tion by Mr. Barnes he said ne did not know what an alibi was until after his trial begay. While t€stifying the prisoner became had- ly confused at times, and when questioned regarding his experience at. Cooper Meilical College became so mixed in his dates that he had to refer to a card that he carried in his pocket to set himself right. He became noticeably confused and rather testy in his replies when examined in regard to the in- terview that_he had with Gilbert F. G: ham, a. fellow student, at the city prison, when, the prosecution claims, Durrant ask: ed Graham to furnish him with a copy of the notes of Dr. Cheney’s lecture, remari- ing: “If I had those notes I would be able to prove an alibi.” Severa! specimens of Durrant’s han4- writing were introduced in evidence for the Purpose of comparing them with the*writ- ing on the wrapper in which the.rings of Blanche Lamont were mailed to her aunt, Mrs. Noble. The district attorney closed itness by his cross-examination of the wi trying to show that when he was at the ferries, ostensibly to search for Blanche Lamont, he wa’ in reality looking for Min- nie Williams, who came over from Oakland that afternoon, and was found murdered in the church the next day: The defense fought vigorousty against the admission of anything bearing on the case of Minnie Williams, and after a long argument Judge Murphy ‘sustained the objections. After Durrant was excused Charles T. Lenahan, who was said to have been mis- taken for Durrant by Pawnbroker Oppen- heim, was recalled to the stand for further examination. Little © progress had been made, when court adjourned until Tuesday morning. —_—__~-e-_____ LORD SACKVILLE CRITICISED. English Papers Generally . Deplore His Folly, . A special cable dispatch to the Philadel- phia. Press frem.London says: English pa- pers have had but little to say on Lord Sackville’s attack upon Ambassador Bay- ard for the probaple reason that they have been compelled to rely on very meager ex- tracts from the pamphlet cabled back from New York by the correspongents of the ‘Times and Chronicle. Th2 former cables, among other satirical comments upon Lord Sackville’s injudicious publication, that it sufficiently proves the wisdgm of President Cleveland and Secretary Bayard in sen@rg Lord Sackville’s passports to so indiscreet a diplomatist. The Times editorially speaks of the pant phlet cs giving “a by no means flattering picture of the expedients to which Ameri- can politicians sometimes have recourse cn the eve of a closely contested election.” Otherwise, the editorial comments of the other London newspapers are unanimous in deploring Lord Sackville’s folly. The St. James Gazette says the ex-min- ister has “raised a storm In a slop basin.” The Telegraph is even more emphatic. It calls the pamphlet “a very foolish, ill- mannered and ill-timed attempt to injure the reputation of Mr. Bayard, the popular representative in this country. We can only hope the common sense and practical judgment of the English and American public will treat this unealled-for attack in the only way in which it desewves to be treated—by contemptuous disdain.” —_—_-oo_____ The Evening Star for the full time the mystery story, “When the War Was Over,” is running, including back numbers, will -be sent, postpaid, to out-of-town subscribers'| for 40 cents. Subscribe for an out-of-town friend. —— ee ‘Wagon Wrecked. As the result of a collision late yester- day afternoon with a 9th street electric ear, a dayton wagon belonging to J. E.- Williamson of 433 Rhode Island avenue, was wrecked and the owner had a narrow escape from death. The accident occurred at 9th and R streets and was witnessed by a large number of persons. Jaws, he concluded, died on the same ’ and he is satisfied that in ye distric! there. kundreds.of, xoters who are no’ permitted to vote because they were vic- tims of the whip. - Wives Who Suffer. Mr. N. C. Hayser, one of the deputy clerks of the Police Court, whose duty brings to his attention all sorts of assaults, is heartily in favor of the whipping post. “I am in favor of the introduction of the whipping post for the punishment, of. wife- beaters, and, th faét,” all .woman-beaters,” he said to a Star reporter, “‘but I do not think that petty thieves should receive that punishment, because oftentimes women and children, as well as men, are driven to steal- jing by their necessities. < My long experience in the Police Court vhas taught me thatthe wife, as a rule, appears only as a last resort to the law for ithe punishment of the brute who violates his marriage vows, for the reason that the ‘penalty of-the law-ds. reatly visited upon her and her oftentimes hungry children, rather than upon her. scoundrelly husband, by removing her only means of support. bees when a Bae js Jmposed, the wife way ake her own hard-earned savings to help ‘her husband Proth golf to priate and there- , by encourage him%té répeat the offense = “I should say that the whipping should be Amposed,, at some place, removed from the public gaze, for fe ak think that the erim- Anal Jaws are {nténded as a public warning, but rather as a fends of retributive justice to- the offender. There can surely be ro far- ther degredatiem Yor @ man who is so cow- sardly as to. beat@;woman.” AFFAIRS ‘IN ALEXANDRIA te FAITH IN THE WHIP Foreman Johnson of the Grand Jury. Talks of It.e . Tho Clerical Discussion Over the Word “Primate.” NEW TITLE IN THE AMERICAN CHURCH Reason Urged For and Against the Change. REASONS FOR THE RECOMMENDATIONS Crimes Which the Jury Thought Might Be Prevented. VIEWS IN OPPOSITION. CONVENTION SCENES —————— ‘The startling recomendation of the last, grand jury that a whipping post be estab- lished in the District for the punishment’ of culprits convicted in the Police Court of, certain minor offenses agafnst the law, still serves as a topic for interesting and heated. discusions among the ministers, legal fra- ternity and citizens generally. Naturally, there has been much criticism of the grand jury for making this recommendation for the establishment in this, the nation’s capi- tal, of what is styled “an implement of bar-. barism.” Mr. Joseph C. Johnson, the well- known architect, who was foreman of the jury, was seen by a Star reporter this morn- ing and asked what caused the members of the jury to advocate the reviving of ‘ihe 0 3: og Small Boys.and Their. Pranks..With an whipping post. Mr. Johnson at first hesi- ' tated to talk, and as an excuse for not talk= : ~ ; Offer, ing, said that he was not seeking the title of “Whipping-post Johnson,” which some of |° his friends had bestowed upon him. Boid Highwaymen Try to Hold Upa “I was not the author of the recommeida- tion,” he said, “and had no part in its adop- Carriage—Loeal Notes of Gen- - .egal_Interest. Special Correspondence of The Evening Star. MINNEAPOLIS, Minn., October 9, 1895. Yesterday’s discussion in the Episcopal convention as to whether the term primate or that of presiding bishop shall be used is, agreed to have been one of the ablest de- bates ever heard on the floor of a general convention: ‘When the question first came before the house it looked as if the word “primate” would be adopted at once, but the Rev. Dr. Eflott came to the rescue of “presiding bishop” and stayed the tide, while Rev. Dr. McKim’s brilliant speech almost turned it. The word in the revision was “primus,” and the office was elective, but when the bishops took the section in charge they did ‘way with the election and made it so that the office came, as before, by seniority of consecration. They also made the title of the office “primate.” This came down to the lower house, and it was moved to make it, as now, “presiding bishop.” For a while it looked ds if a vote would be taken without any debate, but the Rev. Dr. Elliott of Washington claimed the floor and opened one of the greatest debates of the session. He opposed the word “pri- mate” because it was a radical change in the church, and because it was a great mistake to take in this republican country @ new ascending scale of terms for officers in the church, He was followed by a deputy, who said everybody’s mind was made up as to how they would vote, and that they needed no debate. But Rev. Dr. McKim claimed the priv- ilege, and made a brilliant speech. He in- sisted the names were very important, that the delegates ought to consider the Amer- ican people, and how best to carry them the Gospel and the church, and not to Prejudice our cause by suspicion that we were following something foreign. He closed with a sentence that won cries cf “Good!” “Good!” from all sides—‘“It is the simplicity of Bethlehem, and not the splen- dor of Jerusalem, which will give us vic- Ea over the hearts of the American peo- ple” Rev. Dr. Harwood of Connecticut, in an able speech, showed that the term applied to the bishop of the mother church, and that, if used at all, it belonged, acccrding to history, to the bishop of Connecticut, whose predecessor, Bishop Seabury, was the first bishop In the United States, and {hat we ought not to claim iitles based on fancy, not on fact. Rev. Dr. Huntington of New York made a speech in its favor. He was clear, and carried much weight when he said that the word primate merely referred to the dignity that lay in tne venerableness cf old age. Rey. Dr. Greer of New York mi: eloquent speech against “primate. Rev. Dr. Green of Iowa spoke in favor, claiming that many people in the west —— the church because of its dig- nity. : Rev. Dr. Parks of Boston spoke against “primate,” saying that there must be archbishops before there could be primates, and that finally there would be a patriarch over the whole church. ‘The vote vas taken by division, and there tion until it was voted upon. I voted to ih- clude the suggestion in our final report, and as foreman, brought the matter to the at- tention of the court.” : “What caused the subject to be brought to the attention of the jury?” “The pressing necessity of some other mode of punishment for minor offenses than. that now in vogue, was emphasized at al- mest every session we held® Second-of- fense petty-larceny cases were before us Gaily where the amount involved was less than one dollar. I remember one case where the sum was less than ten cents; and yet the cost to the government for the prose- cution of this case was at the lowest calcu- mn over one hundred dollars. ‘The culprits would plead guilty in the Police Court, and, in many cases render material assistance to the officers in mak- ing out a case. They seemed to be anx- ious to be convisted and sent to jail, where they would be fed and sheltered during the cold weather and kard times. Of course there were exceptions,but I refer to the ma- jority of cases. Instead of dreading a jail sentence or considering it as a punish- inent they would apparently commit a crime for no other reason than to make the government support them. The jail is a better home than many of the prisoners have when free, so six months’ imprison- ment had no particular horrors for them. Just as much time was taken up in con- sidering these minor cases as in more im- portant ones, and when the cost to the government was considered we deemed it advisable to agitate the question of @ dif- ferent mode of punishment for this class of criminals, and the adoption of the whip- ping post would certainly result in taking away the many cases where the crime is committed in order to be gent to fail, and this alone would save the government hun- dreds of dollars.” “Why were ‘wife-beaters’ included in the report as suitable subjects for the post?” “The mention of wife-beating as a crime to be punished by the lash was an after- thought, and was not brought up until after we had decided to recommend. the, ‘post.’ When it was suggested, we included it among the other offenses, ts we, con sidered the lash an appropriate punish- ment for this cowardly crime.” “What is your personal opinion of the ——— ‘The emall boys have: been giving the of- cers a great deal of trouble at the opera house every night this week. They congre- gate in large crowds in front of the door and worry those they may chance to know to take them in and so on. They had been told over and over again to discontinue their misbehavior. Last night, when Spe- cial Officer Page ordered them away, one of them became very impudent to the offi- cer, whereupon he put him under arrest and started to take him to the station house, with about fifty. or seventy-five others following .close behind.; When he had gone about helf-a-square the “kids” in a bunch made for the officer, and during the scramble some one tripped him, and he fell sprawling to the sidewalk, his pris- oner maki. his escape. The oceurtance created a great deal of excitement at the time, as the report soon spread that the oflicer had been seriously injured, but that soon died out, as it was seen that he was not hurt at ail, and, to the amusement of the crowd, who thought it a great joke, he had been gotten ahead ; of by a crowd of boys. He went back to his post of duty at the opera house. No | arrests were, made at.all, é Bolt Highwaymen. Mr. Harry Richaids, while driving along the road between this.city and Merryfield, | a small place just this side of Occoquan, was attacked by three men, who held his horses by the bridle and demanded his money. Mr. Richards, who ig.a candy and fruit drummer of this city, generally had a | large. eum of-money on-his person when | traveling. He has always been in the hab- itvor ig:@ revolver, but-yesterday he accidentally left it at home, therefore he was Without arms. When one of the men demanded his morey he leaned over and’stfick the ‘one’ who had hold of the bridle rein with the butt end of his|| y whipping post as a means of preventing } hip" witht ach force that he sta d, | Were 162 for primate and 152 against it. crime?” iE : Men put,| A vote taken just before this letter “Personally, I am tn favor of the ‘best | T2le2sing his hold. Mr. Richards then put, 3 leaves shows that now the house of depu- ties agrees with the house of bishops in making the senior bishop primate. The majority in favor of seniority was large. ~ A resolution has been introduced and car- ried to accépt no more invitations, for the eonvention has been lterally overwhelmed with hospitality. 4 Next. Place of Meeting. This morning some time was spent in choosing the place for the next convention. Beston had the committee’s report in its favor, and New Orleans and Louisville went under in the attempt to take the place. But when Atlanta came to the front in a handsome speech by a young cleric, Mr. Knight, it won easily. With a telegram from the governor of Georgia in his hand, and the certainty of opera house next to the church (in Atlanta), where the sessions of the two houses could be held, and a hint that the state house might be put at the disposal of the con- vention, the Georgia man carried his city handsomely, but the house of bishops has chosen Boston, so that there must be a committee of conference. 5 Northern Michigan was made a- diocese, so that miters are waiting for four of the clergy—one in Maryland, one in Kentucky, on@ in California, and as above: The house’ of bishops is still working much more rapidly on the new constitu- tion, and messages from the house an- nouncing their passing articles reach the deputies before the latter have gotten to these same articles. Frayer Book Changes. . ‘There was a unanimous vote to make a change in the prayer book, but the chgnge was very slight, and in a place where few people look—among the “golden numbers,” and the change is only in a few figures and necessary because we are going into a new century soon. There is said to be only one mistake in the new prayer book, and that in editing. On page 202 (all new prayer books have the same paging), at the top is the word “min- ister.” which ought to be “question. Final action has been taken on the word bishop-coadjutor for assistant bishop. The change was adopted’ in Baltimore in 1892, and sent down to the dioceses. At this ‘convention the final vote was taken and bishop-coadjutor is now the word. The vote was by dioceses and orders. Mary- land voted “no,” in both orders. Mr. Key- ‘ser voted aye; Messrs. Wilmer and Mason, “aro,” (Mr. Packard absent), so the lay vote was “no.” The, vote as taken by dioceses was cler- ical, aye, 11 no, 7 divided; lay, 29 aye, 19 no, 8 divided. Parliamentary Pitfalls. ‘There are all kinds of parliamentary pitfalls for the unwary, and many able lawyers, wh? sit for the first time in this , find that the proceedirgs require more thorough knowledge of such law than thsy expected. Ex-Senatur Edmunds has been constantly at the front to kéep things in order and now that he is gone he*will be greatly missed. Yesterday there was a vote show- ing 325 deputies present, but it is doubt- ful if this large umber can be kept a week longer. There was also the first vote by dioceses and orders, which means that the clergy and laity vote separately and each ditcese ag a unit if possible. That is, the secretary says Arkansas, and if the four clergy are agreed they say aye or no, but if two are on one side and two on the other it is said Arkansas is divided. The question on which this vote was taken arose from a message from the house of bishops, which informed the lower house that they had fixed the title “‘The consti- tutions and canons for the government of that part of the Catholic Church known in law as the Protestant Episcopal Church.” ‘Those who know about the dispute over the name Protestant Episcopal will see that -this in a measure settles the question. Of course, it is already settled by being put in the prayer book, and this general convention and a good many conventions after it are not going to change anything in the prayer book. But still a great many were expecting a great dispute over the name in the constitution, and that there would be a vote to call it the American hurch, or the Church in America, in that jccument. The adoption « © above title by both houses settles th n, though it looked as if, from the rier votes on the rame, the+ wo stant Episcopal might not be us: ‘ The general toi. .s very conservative. The house of bishops changed the name “general convention” to “general synod,” but the house of deputies refused to make the change, so that tfere will have to be, as when the Senate and House of Repre- | the whip to His horses and drove rapidly aoa . 2 Gambling Material Recovered. Officer Jatnes’Smith and Mr. Wm. Web-: ster of this ci}y, \aasisted by Sheriff Pal- | mer of the county, succeeded last night in | recovering the. gambling material which was stelen from the: county court house in, this, city, jphéré it had been stored. Yesterday hell Bt about’ 5:30" o’ctock | the gentlemen, saith Search warrant, pro- mode of punishment for these offenders that can be suggested. I am convinced that something should be done, and I can- not think of any method which would be } more effectual in putting a stop to the | crimes, and having a niore beneficial effect on the community, than thé ‘adoption gf the whipping post. I have seen instances where the lash was used with great effect. I recall one case in particular of a’ man who was publicly whipped for petty lar- ceny at Parkersburg, W. Va., and he was considered more disgraced by the, com: munity than if a ten-year sentence. had been imposed upon him. ‘His former friends (all belonging to the same class) would have nothing to do with him, and he soon left the plac> The effect ‘on the com- mtnity was good, and deterred other crim- inals from subjecting themselves to the public disgrace, as well as physical-pain. A few Sundays ago a colored preacher at the corner of 7th and the avenue made a statement that expresses the matter very clearly. He said im passing the byways and alleys he often heard such expressions as this, ‘I'll take six months for you,” or ‘I'll take sixty days for you.’ If the pun- ishment was the lash it would be very sel- dom that ‘I'll take nine and sixty lashes for you’ would be heard.” “What do you- think of the criticisms that your recommendation has brought forth” “I have read the interesting interviews in The Star, but paid no attention to anony- mcus communications. I would suggest that those who so openly criticise the grand jury for their recommendation should offer some way of obliterating the present ‘ecndition of affairs.” Why He Opposes It. Lawyer W. C. Martin, whose views on the question establishing a whipping post here were printed in The Star a few day: ago, fs still opposed to the establishment of this mode of punishment, and cites his ex- perience in Virginia when such a law was in operation. This law in Virginia, he says, was enacted in 18/8, and was in effect three yéars. In i881, when the readjuster legisia- ture was elected, the law was repealed. Under this lew, he said, all persons who were whipped were disfranchised, and dur- ing the three years, he thinks, about 40,000 voters, most of them colored, lost their right of citizenship. ‘The law, he says, was enacted in clear violation of the 10th clause of article 1 of the state ‘constitution, which gives, in all criminal prosecutions, the right of trial by jury.” Members of the legislature, appa- rently oblivious of this fact, voted for the bill, and it became a law. Under this Jaw a justice of the peace was given jurisdic- tion in cases of larceny and other offenses, the penalty for which was as many stripes, not exceeding thirty-nine, as the justice might determine. It was an open secret, says Lawyer Mar- tin, thgt the law was enacted to crush out the republican’ party, or, at least, most of the colored vote, and this attempt was not made in vain, for in the three years the number already stated were disfranchised. Under this law many frivolous cases were brought. Many a man was deprived of his right to véte because he had picked up an apple in an orchard or had been seen in a neighbor's persimmon tree. What Mr. Martin terms a twin brother to this law was the law providing for the payment of the capitation tax of $1. It was thought, he said, that this would have the effect of preventing all the poor colored people from voting, but in this they were mistaken, for the treasurer’s-returns show- ed that more whites than colored failed to pay ‘the tax. How It Rencted. All went well, said Mr. Martin, so long as | the stripes were made on the colo! peo- ple, and on the backs of what was con- sidered “poor white trash,” but when two or three white women were lashed a wail went up from Pittsylvania to Loudoun, ahd from Abingdon to Norfolk. Their appeal was submitted to the people, and by a ma- jority of 50,000, the law was repealed, but those who had been disfranchised were not restored to citizenship. Lawyer Martin says that in view of the decision of the Virginia court of appeals those who were disfranchised under the whipping-post law are really entitled to vote now, for the law was deelared un- constitutional. In this case a woman nam- ed Mary Miller was denied the right of trial by jury, and a justice of the peace imposed a sentence upon her for keeping a bawdy house. The case was taken up, and the highest court in the state held that the act giving the justice the right to try cer- ain cases wes not constitutional. This de- elsion, he says, rendered the Whipping-post law unconstitutional, and, he says, that the, whipping was therefore dorie undes « law’ which was void. The whipping post and capitation tax i b it v ceeded to the gambling house ‘of John Nel- }son above Georgetown, on the. Virginia side of the river. Uppn searching the iiouse they found hgle ‘cu in the. celling of the | rooms, and it was fhere the things were | found stored away between the ceiling and roof. The officers prpcured a wagon, load- ted the goods upgn it, and brought them to | this. city and locked them ‘up in one of the | rooms at the stasion;house, wheré they will be held until. the of Nelson, who is held for larceny;by jthe county authorities, 18 called up. dr) g Defacing Property. There is a great. deal of complaint from people: living insall parts of the city, es- pecially those Who’ Hye near the schoois, of the fact that thelr property 1s being con- tinually.defacéd by vandals. In some quar- ters house owners fear to paint their houses and ferices, knowing that if they should do so some mischievous boy or probably some older person, will wantonly deface it. The police“are keeping a sharp lookout for all offenders. There is a city law which im- poses a fine of five dollars on all persons con- victed of such an offense. ‘ Police Court. “Mayor Thompson tisposed of the following cases at the mayor’s office this morning: Scober Grabonski, charged with being a vagrant, was ordered to leave the city; Cor- nelius Carry and Thornton Wilson, charged with being drunk and disorderly , dismissed. Harry Baker, colored, charged with fighting on the street, fined two dollars. Two young white men, charged with fighting, fined three dollars. Robert Linnee, charged with abus- ive language to Mr. John Sutton, was. dis- missed. Notes. + Owing to the cold weather tramps are becoming very annoying to the.farmers in this neighborhood, and their hen roosts and orchards are’ suffering by their depreda- tions. te Mrs. Lucy Davis, who has been spending the summer with. her grandmother, Mrs. Susan Davis, in Fairfax county, has re- turned to her home in this city. Mr. and Mrs. Claud Lennon have return- ed from their bridal tour. They will make this city their home. Only civil casés will come up before the next term of the Alexandria county court for hearing. Serer There was a meeting of the board of po- lice commissioners last nignt. A resolution authorizing. the mayor to put the ready men on duty while any of the ‘police offi- cers are off on leave of absence was adopi- ed by the board. There was a false alarm of. fire yester- day evening at half-past 5, which brought out the entire department. S Mrs. M. L. Dillingham of New York city ig visiting her father, Gen. Davis of South Washington street. . . eee Hayward Planned to Escape. The county authorities have admitted at Minneapolis that they had discovered a plet to effect the eseape of Harry Hayward, the condemned murderer of Catherine Ging, from the county jail. Duplicate’ keys had ‘been made In some. way, which fitted his cell door and the outer door. These keys have been found by one of the sheriff's deputies, and when tried, ‘fitted the locks perfectly. ‘The sheriff had kept the’ Matter quiet and laid his plans to capture the conspirators in the act. “A bribe had been offered'to one of his deputies te: aldiin the escape, a fact which the deputy promptly reported to Sher- iff Holmberg. /I'ke publication of the facts will ‘prevent the attempt, but arrests are likely to’ follows —s+_4 0+ ___ Senator Grits Daughter Selected. Secretary ofthe (Navy Herbert has re- quested Miss Anne Gray, daughter of United States:#enator Gray of Delaware, to perform the‘terethony of christening the gunboat Wilmifigtor, which will be launch- ed at Newport; News on the 19th instant. Miss Gray's agreptance was forwarded to the Navy Department. Mayor Jeffries and members of the city council of Wilmington will attend the-launching. A GREAT DEBATE @®@eceeseesee: ) SSO €O8 689 98 @ A Big Slice of the Earth for $75'Can Now @ DOVSOOSSOOSSS small city lot, but 6th and B sts. n.w., It SOOSOOSSOOSS005 Be Had at Beautiful HERMAN PARK, 150 Feet Above Washington. This beautiful park (covered with large oak and pine trees) is situated in Kent district, Prince George’s county, Maryland, within a few minutes’ walk of the Seabrook sta- tion, on the Pennsylvania railroad. Commutation fare, 8 cents. Remember, this is the chance of a lifetime. Only 40 acre tots in the entire tract. Just think of it! Choice Acre Lots, for $75 and Up. Small payment down, balance in either small weekly or monthly payments. Liberal discount for cash.* Trains leave Sundays at 9 a.m. and 2 p.m.; wee days at 11:50 a.m. and 4:36 p.m., Where our gentlemanly agents can be found 20 minutes be- fore trains leave. = Sherman Park Co., 623 F St. N.W. SSSOSSS0SS 80808 O60 OcEceess Not a GOTSSOOOGOHOIHOSSSSSG @coe from depot, SSGS080 sentatives differ in a matter, a joint com- mittee of conference. Washington Chosen for 1898. Both the house of deputies and the house of bishops agreed on Washington as the place for holding the next convention, and one fight of the convention is settled. The house of deputies yesterday afternoon re- versed some of its former actions when it got down to voting by dioceses. A majority of the individuals in the convention did not necessarily rule then, and the laity had the bishops on the first six sections of ar- ticle 1. ‘The first two were concurred in, except that thi vention, ing. The fight came on the third section, which contained the term “primate.” This section was changed by eliminating the objectioa- able clause. The vote on the quéstion of a mate” was as follows: - Clerical delegations—Ayes, 31; nays, 1 divided, 3, Lay delegates—Ayes, 20; nays, 2k; divided, 6. The vote to concur failed, because the laity and clergy did not concur, a major- ity of each being required. Considerable time was spent in discussing the question of allowing representatives of churches in foreign countries a vote in the convention. It was decided, after a long argument, that they should not have the right, but the section was net finally adopted. The house of bishops decided to elect an- other bishop to Japan, to be known as the bishop of Tokio. The election will occur next week. The bishops have finished their discussion of the revised constitution. They laid the declaration on the table. Last evening the board of missions held another large meeting to consider the Alaskan question, and by a vote of 161 to 37 decided to ask the house of bishops to elect a bishop of Alaska. The debate was not as sultry as Thursday night, but there were some spicy speeches. Bishop Neely made another fight against Alaska, but he apolo- gized for many of the things he had said about Missionary Chapman. Many of the prominent bishops of the church took part in the debate, and it was not until a late hour that the matter was ce- cided. ‘ord “synod” was changed to “‘con- in designating the triennial mezi- —.__ THE PRESIDENT RETUR! iG. Coming Back From Gray Gables Much Benefited. Presidewt Cleveland and Private Secre- tary Thurber left Gray Gables at 5:30 o'clock yesterday afternoon on board the Oneide,-Commodore E. C. Benedict’s steam yacht, which arrived Thursday for the pur- pose of taking the President back to Wash- ington, With favorable weather the party should reach their destination Monday. Mrs. Cleveland and the children will leave Gray Gables for the White House early next week. The President and his family have had one of the pleasantest, as well as one of the longest, seasons ever spent at Gray Gables, and all of them are in excellent ealth as the result of their long vaca- ion. Mr. Cleveland, especially, has besn greatly benefited, and declares that he is fully recuperated and in splendid physical “condition. He certainly never looked bet- ter. Yesterday, the last day of the Presi- dent's stay, was spent in fishing in com- pany with Secretary Thurber. They started for the fishing grounds at about 9 o'clock, returning during the afternoon. —_—_—__+-+e2+-__ DREW PISTOLS IN COURT. A Quarrel That Ended in a Tragedy Outside. Edward Jennings, a lawyer in Woodward, Okla., and his brother, Jchn, also a lawyer, were killed by Senator Temple Houston of Texas, eldest sen of Gen. Samuel Houston, and ex-Sheriff Jack Love of Woodward. A case was on trial in Justice Miller’s court at Woodward, in which a boy was charged with stealing a keg of beer from the Santa Fe depot. Houston, as attorney for the Santa Fe, was prosecuting, and the Jennings brothers defending. *In the course of the examination the He was passed from the Jennings boys to Sen- ator Hovsten. He resented it instantly. All jumping to their feet, pulled revolvers and began firing. The court and its officers restored order before anybody was hurt. ‘After adjournment of court Senator Hous- ten and ex-Sheriff Love went to the Cab- inet saloon, a political resort. As they were taking a drink the Jennings brothers came in. The quarrel in the court’ was renewed. All pulled their guns again, including ex- Sheriff Love, who is a brave frontiersman and a dead shot. At the first fire Ed Jen- nings fell dead on the fioor with a bullet wound in his brain. When John Jennings was raising his gun his arm was pierced through and his gun fell on the floor. He was shot again through the body, but had vitality enough left to run out of the saioon and up the street for 200 feet, where he fell in the dust in agony. Senator Houston and ex-Sheriff Love then went to the county sheriff’s house and gave themselves up. ‘The coroner held an inquest, and the jury returned a verdict In accordance with the facts, but failing to lay the blame on any- bod: iy. Temple Houston fs one of the best known orators in the southwest; his speech nomi- rating Senator Regan for the Senate some years ago-was supposed to be the finest eve® made in Texas. Another brilliant ef- fort was delivered by him at the dedication ef the new state capitol, He is about forty-five years old, and is the oldest son of the famous Texan general. + 2e-—____ A Pastor in Disgrace Rev. Samuel Howard Chubb, partor of the Evangélical Church of Plymouth, Pa., has been convicted in the criminal court of felonious assault on Rachael Hitner, a sev- enteen-year-old member of his flock. Chubb has been minister four years and is mar- ried. He clairred the Hitners were incensed against him because he had remonstrated with John Carr, a relative, for signing «n application for a hotel license while he was an officer in the church. When Rev. Chubb’s attorney made his speech to the jury Miss Hitner wept audi- bly.. The jury retired at 5:30 o'clock and was out all night. ———_e. Another Italian Earth ke. A letter from Florence, Italy, states that there was another slight earthquake shock felt there on Sunday last, —= WILL SUPPORT FUSION. Dr. Parkhurst Discusses the Tammany Outlook. Rev. Dr. Parkhurst of New York has broken the silence which he has maintained on politics since the fusion ticket was forme ed and hés stated his views. Much interest has been felt in Dr. Parkhurst’s position, as he has become a power in municipal politics and his utterances are influential. He has declared in recent interviews that he was as deeply opposed to the Platt wirg of the republican party as to Tam- many Hall, therefore it was not known whether he would support the fusion ticket, which contaihs a imajority of Platt men among the candidates, In his statement Dr. Parkhurst said: “With the outcome of the efforts that have been made at fusion Iam sadly dis- appointyd. Surprisingly excelient as the fusion ticket 4s .in,certain portions of its personnel, no resident in this city can ex- amine the ticket. without discovering that the influences largely operative in its con- struction were distinctly indifferent to—not to say antagonistic to—all that makes for the best interest of the city”as generally interpreted. We are not satisfied to be told of a candidate that there is nothing in par- ticular that can be said against him. Ne- gation and colorlessness do not level up to the grade of the popular demand. “Now in this we are not critictsing the ccmmittee of fifty. Their function was un- derstood to be to constrain the several or- ganizations to combine ia the composition of a ticket and not to compose a ticket of their own. .All they could do was to prod the different organizations into making the ticket as reputable a contribution as was obtainable; and too distinct and cordial a recognition cannot be made of the pro- tracted and painstaking effort made by them to meet the demands of their own jvdgment and that of the public. “Whatever theré may be in the situation that is faulty and deplorable we are not thereby absolved from the obligation rest- ing upon us as citizens. to gather ourselves up from any perplexity into which. we may have been thrown by the unexpected, to re- member that altered contingencies have not modified the essential elements in the case, and that whatever other enemies there may be that will require to be knocked down when their turn comes it is neither robust citizenship nor good strategy te cohcentrate this year upon any other enemy ‘than tl one we all combined to paralyze last year, viz., Tammany Hall. a” “Interesting as it would be to gef all the birds of prey on -to one branch, and aim at general effects, yet blunderbuss fighting is a mode of musketry that is neither the, most economical nor the most effective. Ore enemy killed is better than half a dozen enemies scorched. Though I repudi- ate a portion of ‘the fusion platform, and, though I shall not neglect to scratch one or more namés on the “fusion ticket, yet that fact is no scabbard into which I shall thrust my sword that Ig already red with the tiger’s blood.” Antie Minister De Lome Reticent. Senor Dupuy de Lome, the Spanish min- ister, who has been stopping for some time at the Brjif “Mawr Hotel, near Philadel- phia, returned from Washington yesterday, He declined to be interviewed on the story that the United States had given Spain a hint to be more. vigorous in Cuba. He ad- mitted having spoken with Secretary Olney yesterday, but-added -that it was during the regular Thursday reception by the Sec- retary of foreign’ diplomats. le would neither affirm nor deny the story, but inti- mated that the various- reports both from Washington and the seat of war were in- spired by certain persons who were intere ested in having them sent broadcast. Inspector Albert Bache Dend. Pay Inspector. Bache of the United States navy dfed yesterday at his home in Phil- adelphia, ‘after: a~brief iHness, aged sixty- three years, Albert D. Bache was born in 1832, and entered the service of the United States navy from Pernsylvania on January 8, 1 when he was appointed captain’s clerk on thé fdgship ‘Hartford. He was commissjoned paymaster while attached to the United ‘States “‘steamer -Iroquols, on June 11, 1868. —i———s A ARAASARAAAADADAAREASA AAAS Your —. Beautiful Face Sr loses its charm if streaky, bleached, or ugly gray hair crowns it. 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