Evening Star Newspaper, October 28, 1895, Page 2

2 “THE EVENING STAR, MONDAY, OCTOBER 28, 1895-TWELVE PAGuS. — _ + . ery eve of its trial would be called upon to show cause why he should not be disbarred for unprofessional conduct. Counsel did not appear anxious to accept this alternative, but before they could reply Mr. Grahant arose. “As far ca the plea of lack of money is concerned,” he said, ‘I have positive knowl- edge that large sums of money were offered within the last week to prominent attorneys at this bar to come into the case as asso- ciate counsel for the défense—showing that there are funds at hand.” “Call a jury,” said Judge Arnold. “Will your honor allow the case to go over until tomorrow morning?” pleaded Mr. Rotar. Calling a Jary. - “Call a jury,” echoed the judge, firmly. And the calling of a jury was begun. One juror had been admitted by the com- monwealth, when there was another sensa- tion. Hoimes arose in the dock and in a quav- ering treble voice said to Judge Arnold: “May it please the court, I have no in- clination to continue with the trial of this case with Mr. Rotan and Mr. Shoemaker as my counsel, feeling that,In view of thei desire to withdraw, my interests would damaged. J therefore discharge them as ny counsel.’ This dev alike proved ineffective. ow cannot discharge them, Mr.Holmes,” answered Judge Arnold. “That is for the court, and if they withdraw from this case they will be punished.” “If,” continued Holmes, more tremulou his tones still “if your honor will give me ‘until tomorrow to secure additional counsel—" “We will have no- more debate, Mr. Holr —the matter is decided.” The examination of jurors was about to be proceeded with when Shoemaker again arose and stated that the prisoner aby Wutely forbads them from representing in the case, and declared that he (Holmes) would examine the jurors and witnes: himself. Judge Arnold said he would err Holmes to question the jurors, if ke so ¢ sired, while counsel considered the ques- tion of their procecding. « Holmes armed himself with pencil and rgerer, and Enoch Turner, the first juror, Was tnrned over to him for examination. He had alicady stated, in answer to Mr. Graham, that he had formed an opinion in but that he could, nevertheless, try it according to the evidence. Holmes Axks Questions. Holmes began with the surprising queries: “Mr. Turner, are you a married man? Are Hy well? Are you in a condi- e in this case without delaying Rece'ving satisfactory answers, he took up the question of having formed an opin- jon end challenged peremptorily. The next man, Frederick Slump, jr., gro- cer, had formed -no opinion, and was ac- cepted both by Mr. Grajam and by Holmes. At this juneture Messrs. Rotan and Shoe maker arose and declared that they felt obliged to-withdrow frem the case, regard- less of consequences. “You must take the consequences, then,” said the jujge, and the two lawyers, with- out further ado, left the ccurt room. Sul determined to brook no delay, how- ever, the commonwealth's cfficers consuited with the judge, and then called upon Ever- ett A. Schofield and J. M. Fahy, young members of the har, who agreed to as- sume the grave responsitility, with all the aid possible from Mr. Graham. Holmes, however, ghjected, on the ground that as he knew nothing of these gentle- men. he did not care to intrust his life to them. 8 far as aid from Mr. Graham is con- cerned” he added, -with unveiled bitter- ness, “I have had abundant proof in the past year what promises of aid from the digtrict dttornzy's office means. May I he allcwed a postponement till tomorrow to see Mr. R..Q, Moon, who is already famil- iar with the case, and whom I know I can cesaKe ‘Do yeu then refuse to allow these gen- tlemem to-defend you?” “I do, sir, If Iam not allowed the coi tinuance until tomorrow, I must ask to try the case myself.” “Well, wi i #0 on today.’ said the judge, “ana we will see about your engag- ing Mr. Moon tater on."" The examination of jurcrs was then re- sumed. Atl: p.m. the twelve jurymen had been -Selected and the court then took a recess until 3 p.m. Lawyer Moon declined to participate in the case unless a continuance was granted, and as Judge Arnold declined to do this, Holmes will have to act as his own lawyer. A Career of Lawbreaking. So many aliases have been worn by the man on irial during the course of his spectacular career that his baptismal name,. Herman Mudgett, has almost been lost sight of. Not,so his manifest exploits ip ut least a dozen of the big cities of this country, which have been marveled at wherever men can read. Wild and weird as is the confessed story of his life, in which he accuses himself of offen: would long since have given a le: ful criminal his auietus, Holmes has heen careful to shift the main responsibility for the variqus. .murde: with which he ad- mits having been coarected to other shoulders. ‘Yhust~ during the thirty-elgnt years of a life deyoted almost entirely to lawbreaking, this’ is his first experience as a felon on trial for his 1 The au- thorities have recognized that this is no common criminal, but-cne who might be called a technical and most expert artist in crime. It is, therefore, their detremina- tion, in the event of securi his con tion for a capital offense to “railroad” to th» gallows. More than a year’ having vassed since the discovery of the crime Holmes is now on trial, and so ma flicting tales having sin , each outdoing the er in weirdn and atroc- ity, a rehearsal of the facts of the chap- ter of the story is relevant. Pitezel’s Body Found. 1894, the corpse of a man Was found in the second story of a ram- shackle butitng at 1316 Callowhill street this city. The dead man had beea known The body was lying on the floor, and by its side was a pipe partly filled with to- bacco. The face waseb!ackened and blis- tered as if from burns, and iearay lay broken bottle which had contaiied benzine From appearances, an explosirna had oc- curred while the man was lighting his pipe. Some small drcj* of Blood on the floor were credited to sight wounds oa his neck. ‘Tho police believed the affair was an accident and no one for a moment entertained a theory of murder. Among the effects found in the room were several letters from Per wife in St Leuis, the signatures to which had been torn off. ‘To neighbors Perry had been known simply as an inventor. ‘The coro- ner’s Jury gave a verdict of death from in- haling the fy About thi occurrence Jeptha D. Howe, a St. Louis avorn’ correspondence ‘with Coroner 4 came to ths city and asserted bedy of the stipposel Perry Benamin F. Pitezel of St. he, Howe, w ance from the Fidelity Mutual Company, for which amount a policy had made out in favor of Mrs. Pitezel in the that was that of and that latter was to come to Phil hoc Th Alice Pitezel, and so did old daughter y the in- Here affair The second openeil s in a manner Marion C. He in jail in St. mark that Holme adjoining Cel, conspired with Howe to swindle a Qhilade company by substituting a body s to be that of Pite: Detectives took up this clue_and worked for weeks, but not a trace could be found of Pitezel, Mrs. Pitezel or the children. time smacking of the th, the n one day made a » who had f afterw apposed Holmes, however, was cked from place e country, and was , run to earth as taken at a street letter. He was Sovember 1 on, where he while made to write a tter to Mrs. Pite- zel, inducing her to Boston. She did so, w: nd ther they were brought to Phi ia. ‘The woman was subsequently feleased, but has since been under the surveillance, of the police. Conficting Explanations. Holmes has been confined in Moyamens- ‘ag prison, and,,at intervals, from that time ; net far from & The Reason For Advertising. Advertisers use The Star "’ because they get ible results from their advertising in it. They know, also, that each one pays a like price for a like service. : Advertising space is not ae eee fori may ast ano "deo duck for others. No “discount” for one, “special discount” for an- other and “extra discount” for still another. Like price for like service is the only fair way. to the present, has issued statements and stories almost beyond belief. He has made many and conflicting explanations of every affair with which his name has been as- sociated, and his adventures, as told by himself, will go down in police history as a series of the most daring and atrocious erimes ever brougat to light. By his own confession he has been im- plicated, directly or indirectly, in three de- literate murde} the disappearance and possible murder of three children, bigamy, many conspiracies (to one of which he has already pleaded guilty in court), and, in fact, almost every crime in the calendar, which, if any of these remarkable narra- tions are true, will, it is expected, be shown curing the course of the present trial. Holmes has proved himself, by his con- dct throughout, to be a man of unlimited nerve, easy of manner, eloquent of speech, refined in appearance, self-contident and ambitions. rucsome Exhibits. There will be some gruesome exhibits in- troduced in evidence during the progress of the trial. Among these are the skull and parts of the body of the elder Pitezel, the charred remains of his youngest son, How- ard Pitezel, who is thought to have been murdered by Holmes in Irvington, Ind., and the stove in which they were found in the cottage in that city. These were brought here by Detective Richards of Indianapolis, who arrived last night. The stove is a huge affair, with a body round like a large bar- rel, and big enough to put two or three children into. The box in which the bones are Is of pine, closely nailed together and sealed. It is not known what part thése will play in the trial, but it is almost certain that the district attorney will offer them in evi- } dence. - —_—>_— HAS FITZSIMMONS RECONSIDERE A Dispatch From Vendig That Looks Significant. ROCHESTER, N. ¥., October 28.—Parson Davies, who is in this city with Sullivan, Ryan and other well-known fighters, who were to give an exhibition tonight, received the following dispatch from Hot Springs this morning: HOT SPRINGS, Ark:,”'O¢tober 28.—To Charles E. Davies: Fitzsimmons will be here Wednesday. There will be a post- ponement about five days. Bring Ryan. JOSEPH H. VENDIG. From this it is to be inferred that Fitz- simmons has reconsidered his withdrawal and that the big fight wl come off. Davies and his company will leave this city Wednesday for Hof Springs. FOUND THREE BomBs. Madixon, Wis., Excited Over the Dix- covery. MADISON, Wis., October 2 ‘Madison is excited over the discovery of two bomos in the capitol yard near. the entrance most used by the public, and one in the yard of . J. Veerhusen of thé tailoring firm of Olsen & Veorhusen, whose employes went en_ strike recently. The police im that they were left by friends of the strikers. Several pronounced here have made murderous against tailor manufacturers. ~ —— Harris Waives Examination. Special Dispatch to The Evening Star. PETERSBURG, Va., October 28.—When the case against Richard H. Harris,, jr., charged with the killing of W. F. Mallory, was called in the mayor's court this morn- ing, William B. } ine, ct el for the accused, waived an examination and the case was certified to the November term of the corporation court. Judge Drury A. Hinton has been employed to assist in the prosecution. The court room was crowded. Harris was recommitted to jail. This ptomises to be one of the most noted mu der trials that has ever taken place in the state. Randolph Massey is the name of a colored man who got in trouble because he had too many strings to his how. He is married, but that did not prevent his calling on a woman named Willena Brooks. When iis wife became aware of his conduct there was trouble in the family, and then, it is alleged, Randolph went out to square m ters with the Brooks woman. According to her complaint in the Police Court today, he wanted to marry her, but she, of course, refused, for the reason that his wife had not been divorced m him. There was a street scene and Mas: is charged, indulged in thre guage. He also said that if she would not marry him he had no desire to live any longer. Judge Miller heard the evidence cof sev- the in eral witnesses in the case and held —_—— Arrested in Baltimore, Acting Inspector of Detectives Johnsoa r ceived a telegram this afternoon from the Baltimore authorities notifying him of the arrest in that city of W. R.°Stewart, in whose possession was found a Columbia bi- eycle, supposed to have been stolen from this city. It is thought that the bicycle was the property of Assistant Building In: Wiltam Evans. His b. from in front of the post office Saturday night. Detective Boardman swore out a wacrant for the prisoner and went to Baltimore this afternoon to bring him here for trial. a William D. Raymcnd, a resident of Ricn- mend, Va., made coraplaint to the police Saturday night that he had been “held up” in the Capitol grounds and robbed of a gcld watch, plated chain and $18.59. He tcid the police that he was in the grounds treet, near the car shed of the Metropolitan Street Car Company, when he was approached by three men rebbed. One ot them, he + ed him the others took’ his When had finished the job they toi him to on, and threatened to kill hi if he outery. ‘the young man gave tre f the men. Be- pitol grounds he looked tiled to tind one. > For Divorec. Attorney J. Thomas Sotheron today filed ‘liza Scrogens # petition for divorce Philip Scrogens. The parties were ied at Rectortown, Va,, January 21, and the defendant is charged with id abandoning the complainant ad and the for an officer, but June 1, Is: —— The Cardinal Made Return. Among those calling at the City Hall this afternoon was Cardinal Gibbons, who set those ministers who fail to make returns of marriages performed by them an ex- cellent examp‘e. The object of the cardi- nal’s call was to certify to a marriage cere- money performed by him today.~‘The con- tractng parties were Raymond Edward Louis Le Ghait and Jeannette Garr Pay- gon, who were married at the home of the bride’s parents, 15th and K streets, ‘Another Terrible Massacre of Arme- nians Reported. TROUBLE AT CANTON IS FEARED Dispute Regarding the Russo-Chi- nese Agreement —__+—___ GENERAL FOREIGN MATTERS = o CONSTANTINOPLE, October 28.—An- other terrible massacre of Armenians, ac- companied by the outraging of women, is reported to have occurred quite recently in the Baiburt district, between Erzeroum and Trebizond. A mob of about i) Mus- sulmans and Lazes, armed with Martini- Henry rifles, made an attack upon the Ar- menians, and set fire to their houses and schools. As the Armenians fled they were shot down, and many captives, men and women, were fastened to stakes and burned alive. The churches were dese- crated and the villages pillaged, the catile and all the portable property being carried off by the marauders. During the disturb- nce 150 Armenians were killed. The sur- ing villagers applied for protection to the governor ot Laiburt, who sent three policemen to the scene. The Turkish officials know the leaders, but apparently no steps have been taken to arrest them. : The number of Armenians massacred at Erzingjan is now said to be several hun- dred. ‘The Turks have also attacked the Arme- nians in the district of Gumushdagh, near Trebizond, and have slaughtered many of them. LONDON, October 2s. aj. F. C. Rasch, member of parliament for Southeast Essex, conservative, who was at Constantinople during the recent riots there, in an inter- view today ssid that the situation there is most grave. The sultan sees no! is utterly unmanned by fear of a tion. During the past fortnight he is re- ported to have shot two of his attendants, whom he suspected of having designs upon his life. Maj. Rasch added that the officers of the Turkish army ure utterly out of sympatay with the régim2 at Constantinople, they are said to be ripe fer revolt, and he as- serts that they w:ll probably get rid of the Present sultan. SS TROUBLE AT CANTON FEARED. ‘faking Steps to Prevent an Anti- Foreign Outbreak. HONG KONG, October 28.—An extensive anti-foreign outbreak is expected at Can- ton. Four hundred braves, enlisted here by the viceroy, have gone to that city. > -— THAT RUSSO-CHINESE TREATY. Conflicting Reports in Regard to Its Existence. LONDON, October 28.—In spite of the statement made by the Grapric today that a high official in authority says the alarm- garding important concessions made by China to Russia “hears no resemblance to the actual facts,” the news seems to be confirmed today from two scure Mr. G. E. Merrison, who recently travel- ed through China,, writes that as far bi as August last the Chintse newspapers out- Lned a scheme by which China proposed to reward Germany, France and Russia for their intervention against Japan. he says, was to have concessions of 1 at the treaty ports of Hankow and Tien Tsi as to be granted certain leges in southeest China, and Rus s to be allowed to extend her rail tem to Port Arthur. ‘he second ground for believing the re- port may be correct is found in a dispatch to the Daily Telegraph from Vienna, pub- Ushed today, giving an outline view with a well-known Russian states- man, who practically admits the truth of the news telegraphed from Hong Kung to the Times. Referring to the Americans statesman is quoted 2s sayin: ‘The Americans +re our friends in Et rope. They are especially zealous in es- pousing our cause when we need no out- help. But in the far east they are r ri the Russian sider’ At the Rus: ibassy here, however, the statement is made that there is abso- lutely no foundation for the announcement made by the Hong Kong correspondent of the Times. It is asserted by the Russian Cfficlals that ro such treaty has been con- cluded between the governments of Russia and China, and it is further asserted by them that the Russian government is not animated by any anti-English feeling in its policy in connection with the far east. COREN'S NEW QUEEN. The King Will Choose Another and pr. Become an Empe ST. PETERSBURG, October ccord- ing to a dispatch frem Seoul, capital of Corea, to the Novoe Vremya, the King of Corea has chosen another queen and has assumed the title of emperor. It is also stated that the heir apparent is being sent as an enyoy to America and England, with the object of getting him out of the coun- and preparing the way to the throne for a prince who stands in higher favor. — THE NICARAGUA CANAL,” Conclusions of a London Times Cor- responde LONDON, October 28.—The Times ‘today publishes a three-column article on the pro- posed ship canal—to join the Atlantic and Pacific oceans, through the republic of Nica- ragua. The article is written by - quhoun, who was sent by the Times to Nica- ragua about the time the American commis- sion went there. Mr. Colquhoun met the commission and thoroughly studied the plans for the interoc ic waterway. He believes that the project cannot be carried through a private enterprise, but thal it must be under the ausp'ces of “some strong govern- ment, which, without doubt, must be the United State: He is convin: nearer $150, He also 3: “As regards the political aspect, confi- dential communications are said to have passed between the British and’ United States governments, and no objections have been raised. In any case, it would seem that, under the Clayton-Bulwer treaty of any connection between the Atlantic nd Pacific by a ship canal through Nica- ua will have to be neutrall in the same way as the Su . “The object of the bill recently passed by the United Stat Ss , it is practically cl is to acquire control of the canal. This is a matter which concerns not only the United States, but the world at larse, more especially Great Britain. But for the obstacles hinderi the United States gov- rrment itself in undertaking the construc- tion, it would have been completed long ago. The work is so great, the benefits are so transcendant, and the interests involved are so Vast and complex, that it should be 4 te: tke d. a would be, by the ngency of the fluctuations of the money market, and the attitude of the govern- ments 0: caragua and Costa Rica."” inspected the route through the Isthmus estimates that not -d that the cost 060 than $100,000,000, will be ra it of the proposed cana of Panama, and_ he mere than one-third of the work has been executed nd that it will cost largely over to complete it. He regards the Chag ive and the Culebra Cut por- tions of the Panama canal plans as being insurmountable obstacle Mr. Buy Visit. LONDON, October 28.—The United States ambassador, Mr. Thomas F. Bayard, is visiting Sir John Pender, the promoter in England of ihe original Atlantic cable. Capt. Palfrey Retired, Capt. Carl F. Palfrey, corps of engineers, has been placed on the retired list cf the army on his own application, under the thirty years’ service law. ing dispatch of the Times from Hong Kong j j streets northw: | ne: Citizens Who Have Been Drawn for No- vember. : These Genticmen: Will Try Cases in the Cirgull and Criminal uri. a * The epee § been drawn for jury service during She fontt of November: Cirenit Court Noj1—John T. Moling, 203 R strect; J. E.Johiison,.1319 L sireet; Geo. W. Dove, 1329-1 street; Guy King, Jackson and Perce streets, Anacostia; Louis Gund- ling, 1523 15th street; Geo. M. D. Jones, 1208 28th street; Basil E. Murray, Brookland; €. Boyer, 214 7th street southwest; John Brown, Canal road; H. C. Sherman, 202 I street; Juiius Lansburgh, 1310 New York avenue; Wms H. Bell, 1811 T street; J. L. Thompson, 2132 Pennsylvania avenue; Carl Auerbach, S01 Ter street; G. W. Riley, Grant road; R. E. Doyle, 40 Sth street Geo. T. Parks, 1410 G sireet; AUL: reet; Jeremiah, Hepburr street southwest; Geo. C. Shutz, § street; Wm. E. Bowman, Waters, 821 22d street; Wm. Stnott, Penn- sylvania avenue and Zoth sireet; Louis Feil- heimer, 1 h street, and J. W. Daue, 40 11th street. Cireuit Court No, 2-H. Goldsmith, 2311 I, strect; Chas. W. Scott, Monroe street, Aracostia; John McCristal, 30th and T streets; Henry G. Gross, 1413 29th street; Patrick Mallom, 431 New Jersey avenue southeast; Wm. H. Hodgkins, 12%: street; Alex. Campbell, 2143 Pennsyly: avenue; Samuel H. Stidham, street; Jos. W. niels, street northeast; Rickard C. Carr, street southeas! L. Williams, 111 s. L. Small, 60 icholson, 1215 h street Jas. A. Story, 71 ‘ker, 1ith street ; Chas. Nelson, 1060 32d street; J. Semmes, 740 12th reet; Wia. E. Thompson, 10S ‘th street southeast; R. H. ‘'T. Leipold, 1th and F streets; John W. Gil- ison, 1809 14th street; J. W. Hute 214 14th street southwest; Geo. B hart, EH4 32d street; Wm. H. Schur: Pennsylvania avenue; Frederick Kramer, 1ith and E streets; John S. Montieth, Jack- son street, Anacostia, and Thomas !owler, Tenleytown. Criminal Court No. 1—Jerome F. Johnson, F street; Thos. J. Jones, 139 D_ street southwest; Geo. E, Clements, 1136 Florida uvenue northeast; Wm. Fowler, Fowler's Hill; Jessie C. Phelps, © street south- east; Augustus Burgdorf, 1334 New York avenue; Stewart Campbell, 106 H_ street southwest; Albert Grupe, 1810 7th street; Thos. W. Hungerford, 1219 H street. bert G. Hall 334 Pennsy} 2025 street; George Frost, 219 R_ street; J. D. ewton, Anacostia; John J. Holloran, 1 22d street; W. B. Bry: Robt. C. Craig, 1231 30th street; John M. Washington, 1108 20th street; S.C. Raub, 1105 B street; Geo. W. Brown, 438 8 street; Caezar Griffith, 330 E street southwes' John Forest, Bowen road; Matthew Mc- Cully, Benning, and Andrew W. Carter, 311 © street southeast. riminal Court No. 2-James C. Reeves, ist street between N and O: Lewis A.Hines, SO street; Delgene Marean; Brookland; F. Thue Manning, E street southwest; Geo. M. Cook, , *. A. Hall, 11th street between Q ant Geo. W. Green, S15 2d street; J. T. Clark, 7th and L streets south- x . Altemus, 1410 P street; Dorse cksjon, 439 9th street; W. D: Jacobs, 120 D street southwest; Saml. H. Campbell, 711 P street; Doolittle, ; Corneitu: 246 Elm hton, 629 nui. Rynes, 1: Pennsylvania ". Pearson, 12% Massachu- J, Daniels, 226 F street Myers, 1240 H_ street Edel, Queen's Chapel . 139K Ino. “ns, Osthouse, ‘ Steuart, and Henson Jackson, n, 1330 18th street tis avenue southwest; 4 L street. NG. COL SION. Hose Cart and E tric Car Come To- ether, An exciting collision oc o'clock erday afternoon at between the hose cart of fire engine company and a 9th street y motor car No. 15. At the time the hos Sth street rapidly in respouse to an alarm ~m box It seems that the electric a, southbound, was also running at eed, and although both the motor- d firemen were soundi. ing gongs, the cat and” the horses dashed into each other with a fearful crash. Bye witnesses state that just before reaching the corner the train slowed up and then went ahead at full speed. Driver De Witt Smith of the hose cart endeavored 3] out of ihe way, but was unable to nd the horses and cart were hurled great force against the side of the trailet he wood work and glass were shattered and the pole of the cart broken into several rhe ain sped on rly a ould be brought to a stan/still. occupants of the car at the time were two colorcd women, who escaped unharmed. One of the horses, Dexter, was badly injured, and, it is thought, rendered unser able. Driver Smith was thrown to the ground, but sus- tain slignt bruises. The motorman of the train was Wiiliam F. Berr The fire to which the cart was hurrying was a slight blaze at street northwest, which caused about damage. THE ELECTRICAL CONVE TON, Arranging for the ing Meeting of the National Brotherhood. The conycntion ommittes of Local Union No. 26, Electrical Workers, held an ad- journed meeting last night at 509 11th street northwest. Mr. R. F. Metzel presid- ed and Mr. J. M. Berger was secretary. Every member was present. - Secretary Berger announced that the Bricklayers’ Union had made a handsome donation toward defraying the expenses of the approaching convention of the Na- tiot.al Brotherhood of Electrical Workers, to be held in Washington, and on motion of Mr. Henry Phillips, Messrs. J. M. Berger und George A. Malone were appointed committee to frame a resolution expressive of the thanks of the committee for the gift, for presentation to the bricklayers, Messrs. Berger and Malone were also ap- pointed a committee to call on President Thomas of the United States Hlectric Light Company, and ask him to have that estab- lishment ‘illuminated on the night of the parade. The secretary was requested to ask Com- missioner Ros# to deliver the address of welcome to the délegates at Typographical ‘Vemple at 11 a.m. November 11. The committee decided to hold an open meeting during the convention, to which the public In general will be igvited, al give a trofley party over the Chev: se line during the s ons of the con- ———— VERY RAPID TRANSIT. An Eckingtog Cur Breaks Loose and Guess at a Terrific Rate. 4s an Eckington and Soldi Home car wes rounding fhe turn at 5th ard Louisiana avenue at 11 o'clock last night the front brake chain snapped, und the car shot down the steep incline at’a terrible rate of speed. The conductor applied the rear brake, but the car had attained too great momentum for it to hold. ais The driver pulled the double-tree pin, which released the horses, and then jump- ed, but the conductor pluckily stuck to his pest. i Fortunately, the streets were compara- tively deserted at this hour, and as an ave- nue car had just. passed and no Metropoli- tan car was due, no damage was done, and the car was gotten under control by the time it had reached the terminus of the reud. There were hut two passengers abeard, who, though badly scared, were ne the worse for. their experience, and ll vouch for the statement that this is a “rapid transit” road. espe ©. G. Jennings, aged eighty-eight, Fredericka Klinga, aged married in -W4 ig the warn- | ~~ TLATE NEWS BY WIRE|F® JURY SERVICE|WHERETRACKSCROSS|AT®0CIous CRUEL Arguments That Were Made on the New Regulation. CLAIMS OF THE RAILROAD ATTORNEYS Interesting Points Touching the Grade Crossing Question. > — THE BRIEFS SUBMITTED As announced in The Star Saturday, the Commissioners have issued a police regula- tion providing that all steam railroad trains shall come to a full stop before crossing a street cecupied by rapid transit street cars. When application was first made by Pres- [ident Phillips of the Metropolitan Street Railroad Company for the passage of such a regulation the Commissioners promised to give the matter serious consideration, end immediately sent for their attorney in order that the iegal features of the request could be discussed. Attorney Thomas stat- ed then he believed that the Commissioners had ample power in the premises, and sev- eral days ago he submitted his opinion, in which, as has already been stated, he rec- ommended the passage of a regulation gen- eral in character, covering the situation. Before writing his opinion, nowever, he in- vited Col. Enoch Totten, counsel for the Pennsylvania railroad, and Mr. Nathaniel Wilson, representing the Metropolitan ‘eeet Railroad Company, to submit briefs upon the case. This was accordingly done. These briefs give the position of both sides in the controversy. The first brief received was from Col. Tot- ten. After calling attention to the case un- der consideration, he sums up the request of the sireet ra‘lroad to be that the steam cars come to a full stop before crossing its iracks, because a current of electricity by which the cars are operated may be interrupted while a car was in the act of crossing the cr: of the steam railroad, and a collision might occur. The danger, he observes, rests cnly in apprehension, and seems to be entirely imaginary. No such accident, he points out, has happened, and in his judgment no such accident is likely to happen. Even if the ¢p- prehended disturbance of the current should ke place there Is, he claims, no more rea- son why a coll'ston should occur than if the cars were propelled with horse power. The Street Railwas’s Responsibility. “There is another consideration,” he Says, “that should be considered. If the railroad company has put in a device for propelling its cars which creates danger, or converts this crossing into a death trap, it ought to take care cf it itself, and if it can do no betier, substitute some power that is not so dangerous. It is somewhat extraordinary that the steam railroad company should be called upon to take care of the imperfect devices put in and used by the street railroad company. If this street railroad company has ren- dered this grade crossing dangerous by adopting an imperfect or unsafe means of propulsion, it should be compelled to cross the tracks of the steam railroad company either above or below the grade, so as to protect the lives of its own passengers, as well as the lives of passengers upon the steam railroad. The number of trains of the Baltimore and Potomac Railroad Com- pany passing this point every twenty-four hours is about sixty, being about thirty each way. Twelve of these trains are ex- press trains, and move at this pcint at the rate of from nine to twelve miles an hour; the other trains move at a slower rate of speed. An inspection at this point will demonstrate the fact®that only in certain hours of the day are they loaded to any extent. As a general rule, they do -not carry more than from three to five pas- sengers, and very often they are entirely empty; and it seems to me extraordinary that a steam railroad, made to accommo- date people from all over the world, should be called upon to stop its trains for the purpose of letting a street car pass which contains but a few passengers.” Colonel Totten invites attention to the history of the steam railroad, and says it occupied the street before the street rail- |road. The steam railroad, therefore, he 8a, has the right of way, and it Is the duty of the Metropolitan Railroad Com- pany to make all proper precautions to prevent accidents at this crossing, and it is not the duty of the steam railroad com- peny to do anything more than exercise reasonable care under the circumstances, A Usonl Requirement. Then follows the argument of Mr. Nathaniel Wilson in behalf of the street railroad. After citing references tending to show that the Commissioners have am- ple jurisdiction in the matter in making police regulations affecting the case in question he says: “It is the danger to life and limb that will directly and immediately result from the unregulated use of a common crossing by two railroads which the Metropolitan railroad now seeks to avoid and minimize by a proper and a retsonable regulation. ‘In view of the plain language of the law and the interpretation that it has received it would seem that the only ques- tion for further consideration is whether or not the proposed regulation comes with- in the scope of the provision of the law which authorizes the making of usual and recsonable regulations. “The full stop of raflroad trains when crossing the track of another railroad, or when approaching a drawbridge, and in other like cases, is a most usual and rea- sonable requirement, as is shown by mu- nicipal and legislative enactments in scores of instances, and is of constant occurrence. “The especial and patticular reason why the railroad trains crossing the tracks of the Metropolitan railroad should be re- quired to stop is the peculiar nature of the power which the Metropolitan railroad is fobliged to use by the direct command of Congress. It is no answer to the applica- tion of President Phillips to say that if he is using a power which is particularly dift!- cult or dangerous to manage, and which re- quires other railroads to use extraordinary precautions cr to be subjected to great in- convenience, then the Metropolitan railroad should change its power or change its ap- paratus. The Metropolitan railroad is act- ing in obedience to the enactment of the legislature, which is the master of both roads. “It is respectfully submitted that a_gen- eral regulation like that requested by Pres- ident Phillips, and applicable to all cases where the cars of the steam railroads cross the tracks of the roads using under- ground electric power, would provide a way by which the power prescribed by Congress in the public interest can be used with safety to the public and without even seri- ous inconvenience to the steam railroads.” Garbage Pennities. ‘That accumulated fine of about $s00 for poor service is troubling the garbage con- tractor, and he is making a strenuous cf- fort to have the amount reimbursed. In a recent letter to the Commissioners he made fermal application for the return of this amount, which was withheld from time to time, basing his request upon the grounds tEat the garbage was not made accessible, as required by the contract, and many of the fines were unjustly imposed. He also cells attention to the present satisfactory service as an additional argum why his request should be approved. This morning there was to have been a hearing on the matter, but the case was pcstponed until tomgrrow. Ask Exemption. The Commissioners are considering the advisability of asking Congress to exempt the District frem the payment of the mar- | shal’s fées in court proceedings. When- ever tht District files a suit, no matter of what character, it is compelled to pay the same as any individual, a fee of $10 to the cierk, $1 to the marshal and 50 cents each for every witness summoned. In view of the fact that the District pays one-half of the expenses of the court, it is ccrsidercd unjust that it be made to pay any fegs whatever. Garbage Plant. Relative to the protest against the loca- tion of a garbage crematory in square 2%, the Commissioners have notificd Messrs. Tyler & Rutrerford, who made the com- plaint, that they see no good reason, after ccnsidering the matter, to make a change TY A O:nstable's Assistant Assaults an Old Woman. She Was Tarmed Out on the Strect With » Nearly Dying — Husband. Charles Herbert, a colored man, who was accused of assault resulting from his con- duct while acting as an assistant to Con- stable Gibbons, appeared in the Police Court this morning for trial, but the con- stable was not there to look after him. ‘The assault charged was of a serious na- ture because of the age of the woman whom he had assaulted, and also because of the injury which he inflicted. Mrs. Ella Davidson, the litle old woman who made the complaint, had to be assisted into court, and it was necessery for her to use a crutch in order to keep from falling. Her leg was injured and she was suffering in- tense pain. =~ Her story was a sad one. For seventeen years she had lived at 4th street northwest, and not many weeks ago her husband, who is an old man, was taken sick and then it was that she fell behind in her rent. Mrs. Davidson was a chari- table old woman, and had been the means of providing shelter for a blind woman. But when more rent than she could pay was due civil proceedings were instituted and a writ of ejectment was issued. This writ was placed in the-hands of Constable Gibbons, and the proof showed that it was executed. About 1 o'clock in the day the writ was served and the household effects, including the stove, were put on the side- walk. All that was left was the poor sick man, whom it was thought could live but a few days at the most, and the bed on which he rested was left undisturbed. Along in the afternoon the colored man, who had been left in charge of the house, condescended to allow a doctor to enter the house and see the patient, and his wife was also allowed to enter the house. While the }-colored man was away Mrs. Davidson re- moved a staple from the door to get out, for the man had locked her in the house. He returned just as she was getting out, and he grabbed her and used her so vto- lently that she, too, had to scek the ser- vices of a physician. That night Herbert put a stove back in the house, and he enjoyed the fire, while the man, in another part of the ‘house, who was supposed to be dying, had to be satis- ficd with some bedding. He was not per- mitted to have fire. rm Since then the sick man has been removed to the hospital, and his wife told the court that he is now a sick man, and that he has not eaten anything for several days. Judge Miller heard the evidence of a num- per of witresses, and sald he could not countenance any such conduct. Herbert was sentenced to sixty days in jail, and was fined $10 or thirty days ad- ditional. CONFERRED WITH MR. OLNEY. The Canadian Commixsioners Have a Talk With the Secretary. Sir Julian Pauncefote, the British ambas- sador, and the two Canadian commission- ers had a preliminary conference with Sec- retary Olney at the State Department this afternoon, in reference to the settlement of the Bering sea claims. This meeting dis- poses of the story that the Secretary would not treat with the Canadian commis- sioners. Se LICENSE GRANTED. The Proprietor of “The Vir; Wins His Case. After months of waiting, the excise board this morning grented a retail liquor license to William Whalen, at the Virginia, 310 7th street northwest. This has been a roted case, and the fight against the location of the saloon has been vigorous. Several hearings were held by the excis2 board, and the attorney for the District was called upor tq decide legal questions arising therefrom several in- stances. At the last hearing Mr. C. Mau- rice Smith appeared for Mr. Whalen and argued the case. He called attention to the act of Congress relating to the sale of liguor and insisted that the excise board erant the Hcense, which had been present- ed in good faith and was countenanced by law. it was stated today that the Anti-saloon League intended to take further action in the case. \ — Excentive Clemency. The President has pardoned Albert Knowles, sentenced in New York to one year’s imprisonment for violation of the naturalization laws; Michael F. Conlan, sertenced in New York to two ycars for ensbezzling Ictter (to restore citizenship). The five years’ sentence of Henry B. Palm- icted in Massachusetts of embezzle- rent, has been commuted to three years” actual impriscnment. Pardons have been Geried in the cases of Robert P. Carpenter, sertenced in Virginia to two years’ im- prisonment for violation of the pension lews, and Milton P. Strayer, sentenced in Pennsylvania to one year’s imprisonment for embezzling letters. ———______ A Case of Libel. On the application of Policeman Joyce, District Attorney Birney today directed the issuance of a warrant against Theodore Friebus, jr., a newpaper reporter, charging him with libel. The charge is based on the publication of a report of a case in the Po- lice Court, which Friebus, it Is claimed, wrote. oo Trial of Celso Caesar Moreno. The trial of Celso Caesar Moreno, charged with criminally libeling Baron Fava, the Italian ambassador, wiil be called before Judge Cole, in Criminal Court No. 1, tomorrow morning. Severely ured. As the result of a fall from a horse at 4% street and Indiana avenue late Satur- | €ay afternoon, John S. Hammond, a Prince | Georze’s county farmer,sustained a fractured ; limb and internal injuries. He was treated ; at the Emergency Hospital. es Sir Oliver de Gyalfas, who was taken to Bellevue Hospital, New York, on Saturday to be examined as to his sanity, for having denounced Mrs. William K. Vanderbilt and her daughter, was yesterday declared to be insane. Grain and Cotton Markets. Cotton and grain markets, reported by W. B. Hibbs, stock, grain and cotton broker, 1421 F st. N, Wheat Dee. 4. COPTON, Month, Open. November. De ¥ spring. whe: 15,003 barrels; sh all” and easy— t amd lower mber, new ceipl 00 bushel Hay firm—cholee els. Baa a eet pool per bushel, 2%d.n3d. ders per quarter, 3s.3d.a3s.4gd. N Cork foro mber, Si Butter dull—granulated,’4.70 per 100 pounds. cy creamery. “Zaz: imitation, ladle, 15; good ladle, Ezgs’ firm—fresh, 19; cold sioraze, firm—tancy New York, 60 pounds,” Mall! po is, Uitoa11%; do. 22 pounds, 12a12',. FINANCE AND TRADE Irregularity and Narrowness Char- Industrial Shares Monopolized Bulk of the Business. GENERAL MARKET REPORTS Special Dispatch to The Evening Star. NEW YORK, October 28—Irregularity and the narrowness incident to room trading were the chief characteristies of the early trading in today’s stock market. The strength of sterling exchange, due to de- creased offerings of cotton bills, and the absence of pereeptible improvement in the buying demand were factors productive of pessimistic conclusions in ‘professional circles, The industrial shares monopolized the bulk of the business, the various issues embraced in this department being particularly vulner- able. Sugar was the feature of the day under Iberal selling for the short acconnt. There was at no t'me during the day the slightest indication of support except when covering was in progress. The dull season for the company’s prodact is now here, and this fact, coupled with the doubtful attitude of the new Congress, fur- nishes abundant warning to those fam‘lar with the details of previous campaigns in this stock. * Policy, the strong incentive behind the present movement, is always opposed to a high level of value- during a period of pos- sible adverse legislation. General Electric sold off easily under a fair volume of business, and Tennessee Coal and Iron fluctuated unsteadily around @ weak opening level. ‘The Granger shares were fractionally de- pressed, St. Paul being the leasf affected, as the result of an encouraging report of Sep- tember earnings. Crop advices and west- ern agricultural conditions are not as sat- isfactory as they have been, but it is quite probable that reports on these subjects have been exaggerated. The present specu- lative situation, if judged entirely from prospects of the western roads, would not justify any material extension of the short account. Manhattan was weak under only mod- erate trading, the usual arguments again serving the purposes of the operators for the decline. The general market rallied around de- livery hour on purchases to cover the early sales. There was-no-improvement in the character of the demand, and the reign of the room operator is -net -openty contested. The afternoon cables from London rela- tive to the condition of the South African mining market reported considerable an- xiety on the part ef the larger dealers in these shares. Several firms are reported to be in trouble as the result of a further decline this morn- ing, and fears are“entertaihéd as to the ability to tide successfully over the next settlement period. These reports probably reflect an extreme view, owing to the fact that they were sent qut at the time of the mest pronounced declines in value, The result of a collapse of the mining boom would be but temporarily felt in the Jocal market, and would remove an extremely discordant element. —__>—_— FINANCIAL 4ND COMMERCIAL. The following are the opening, the high- est and the Jowest “ad the closing prices cf the New York stock market today, as re- ported by Corson & Macartney, members New Ycrk stock exchange. Correspondents Messrs. Moore & Schley, No. SO Broadway. American Sugar. Chesapeake & Oni>_ C..C., C. & StL. Chicago, B& Q Chic. & sorthwestern. Chicago Gas.. C.M.& St Paul. CM. & St. Paul, Bids. Chic., K. T. & Pacitic Del. Lack. & W..... Delaware & Hudson Den. & R. Grande, Pid, Dis. & Cattle Feeding. General Etcetric. Miinois Central. Lake Shore. ie ¥ Long Island ‘Traction Metrapolitan Traction. Manhattan Elevated. Michigan Centrat, ‘Missouri P: New Jersey Central New York Central... N Y.4& N. Eng. N.Y. C. & St. Louis. Northern Pacific. Northern Pacific, North American. Ont. & Western, Pacific Mail....... Phila. & Reading, Puliman Pal. Car Co. Southern Railway, Pf: Phiia. ‘Traction. ‘Texas Pac.fic....- ‘Tenn. Coal & Iron. Union Paciti Wabash. call—12 o'clock m.—-Colambia Rafl- dds, $1,900 at 111,” American Graphophone, 100 at 3. Government Bonds.—U. S. 4s, registered. 111 bid, 112% asked. S. 4s, coupon, 111% bid, 1 asked. U.S. 4s, 1025, 122 bid.” UL S. Ss, 1903, 1134 ‘bid. District of Columbia Bonds.—20-vear fund 5s, 104 Did. 30-year fund Gs, gold, 112% bid. Water © . 1901, currency, 116 bid. Water stock 7s, 10S, eurrenes, 118 bid. 8.65%, funding, currency, Vid. Bids, registered, 2-108, 100 bid. Miscellaneous Bonis,—Washington and Georze- town Raflroad conv. Gs, Ist, 150 Dil, 180 asked. Washington and Georgetown Railroad conv. Gs, 2d, 150 bid, 180 asked. Metropolitan Railroad conv. Gx, 114% bid, 11544 axked. Metropolitan Railroad 5s, 100 ‘hid.’ Belt “Railroad Sx, 90 asked. Eckl Railroad Gs, 100 Did. Coinmbia Railroad A, 111% asked. shington Gas . 113 bid Gs, se many Conv. . sk E Light conv. Chesapeake and Potomac Te American Security apd Trust Ss, in Security and Trust 5s, A. vid. Washington Market Company Ist Washington Market Company Washington Market Company Masonic Hall Association Ss, and O.. 1 110 bid ‘Tradors’, tional Safe ‘apital Traction Company, Metropo 100 bid, 102 3 K ston Falis Ice, 14th rsh Mogentbaler Linotype Market, 14 Lincoin 2 Water Depirtinen' The Commissioners have written to Presi- dent Phillips of the Metropolitan railroad inclosing certain rules governing the work necessary to be done by the water depart- ment to accommoaate the electric line. The rules cre the regular ones issued when the cccasion arises, concerning the elevation nd lowering of v ater*mains, etc.