Evening Star Newspaper, March 20, 1896, Page 2

some offense. He devoted considerable at- tention to Milliken’s physica] condition on the night of July 4 as showing that he was incapable of forming the necessary intent. Judge Gcecde referred at length to the pow- erful effects of whisky punches, putting himself as a Virginian on the side of mint juleps. This caused considerable merri- ment in the audience.. Laier Judge Goode referred to Mr. McKenney as-the “Ajax terrible the grand Mogul, who has been as- sist iat prosecutor in this case from begin- ning to end, who, Eke Jove’s war horse, scented the battle from afar.” At this point Judge Cole found it necessary to Tender a decision as to how much merri- ment might be indulged in with propriety in the ccurt room. With due formality he annoutced: “The audience must not laugh so as to disturb the proceedings. When there is anything worth laughing at you may smile, but it must not be a noisy smile.” Judge Goode said that the happiest solu- tion of this whole trouble would be to end it up with a wedding instead of a funeral, ng in a deKeate manner that he did was over between the nt and the young lady. In conclu- sion, he said: “I know enough of this case to ve able to tell you, as I do tell you, that Benjamin Harrison Milliken woull go to penitentiary, the stake, or would be drawn and quartered in this court yard before one breath of sugpiciun agaist the character of this young lady should escape his Eps. If the jury should offer him his freetom if he would state upon his oath that Le was induced to enter that room throvgh any improper suggestion, he would filing their offer back in their teeth.” The District Attorney’s Argument. When the court opened this morning Dis- trict Attorney Birney at once began the closing argument to the jury. In the beginning he said that Milliken, in the difficulties in which he had become involved, felt the need of able and adroit counsel, and of an eloquent plea. But even more than that he needed a strong and vivid imagination to meet the Insurmount- Ss, facts which could not be met The defendant and his counsel eavored to waik rough shod over vhich ihe government had ar- st them. nse, he said, had told them that ve the government's position a ten- to bell able one they would have to believe the e. Yet this is not impossib! courts therselves furnished instances of just that very thing. speak of the handker- enney had found in iront of the Phillips house, Judge Goode had referred to the story of Desdemona’s handkerchief and the treacherous Tago. This, said Mr. Birney, but furnished him With another instance, for Othello changed as quickly from a fond, loving husband into a demon Incarnat ‘The defense, he said, had spoken of a Vindication, saying that Milliken’s acquit- tal would be the best vindication for all concerned; yet who needed a vindication but Milliken himself? Certainly not the pure and virtuous young lady who was so unfortunate as to appear in this case. Cer- tainly i Judge Philips. He is a man, said Mr. Birney, whom the people of this count: have loved to honor, but even More than that he was a good citizen, and every man should admire him for what he haa done, not only for his own daughter, bE all young and innocent woman- od. His View of the Case. Mr. Birney said that there was no ques- tion that Milliken had entered the house some time before 10:30 o'clock and conceal- ed himself in the only place where he could with a view to the accomplishment of his awful purpose. He then went on to con- sider the evidence of the case, item by item, to show that it was all absolutely impossible, except in the light of Milliken’s ccmplete guilt. The defense, he said, had attempted to refute the story of an honest and virtuous woman by the testimony of a man wh), by bis own statement, was so fuddled with liquor that he had no idea of what he was doing. The defense had aimed the sha’ of their ridicule at Mr. McKen. ney, and had tried to make them believe that the chloroform theory originated in the fertile brain of that young man. They had seen fit to compare him with M. 5 and with Hawkshaw, the detective. Mr. McKeuney, he said, had but one point in common with those two gentlemen, and that was that his honest efforts had as- sisted In bringing a criminal to the bar of justice. So far from being overofficious, as they had attempted to make him out, Mr. ‘Kenney had but acted the part of a good b= izen and an beret ectay and he deserved the greatest credit for the part he had played throughout this whole affair. Counsel for the defense had spoken of this case as a peculiarly sad one; the jury should think how much sadder it would have been had the defendant succeeded in his fell purpose. They had been asked to entertain pity for this unfortunate young man, remembering what a verdict of guilty Would mean to him; how much more, then, should they have a feeling of sympathy for the fair young girl whose name, through no fault of her own, bad been in the mouth of the public foF thé last eight months, the very secrets of whose inmost heart had been dragged from her,. while-on the wit- ness stand, by the exigencies of the case. Mr. Birney talked for a Iittle more than an hour, closirg at -11:15 o’clock with an eicquent appeal to the jury to consider fairly all the evidence in the case, express- ing himself as satisfied that if they did so they could do nothing else But bring in a verdict egainst the defendant. The Judge's Charge. Judge Cole at once delivered his charge to the jury. It covered all the essential points i: the case, and was regarded as a very fair and impartial deliverance, per- bs giving the defendant a bit the best of it in che matter of intent and the effect wFich intoxication might haye upon a Man's ability to form a definite purpose. But they would have to find from the evidence that the man’s mind was, for the time beirg, so stupefied or paralyzed by drink as to render him absolutely unable to form an intent. An unlawful intent is none the less unlawful because it is induced or actuated by the effects of liquor. The reputation, good name and honor of the yeurg ledy, Judge Cole said, were not at stake, for no question had been raised against her character in the slightest, and the jury should not consider the claim that @ verdict either way would constitute a vindication for the young lady. The principal feature of the court's in- struction to the jury was that which bore for by the defense and granted by the Sian was as follows: “The actual existence of the particul intent alleged In the indictment being 2 Tecessary element to constitute the offense charged, the jury, in determining the pur- pose or intent with which the defendant en- tered the said dwelling house, may take into consideration the fact of his intoxication at the time, if they shall believe from the testimony that such fact existed.” The Effect of hhfoxication. Instructing the jury more fully on this point, Judge Cole said: “But in erder for intoxication, if the de- fendant was intoxicated at the time, to have any influence on your verdict in this case you should find from the evidence that the defendant was so much intoxicated that his mind was paralyzed, so to speak, for the time being, and incapable of forming an intent. But if you shall tind that the defendant was so drunk that the action of d was suspended so that he had not tal capacity, at the time of forming an intent, or if you have a reasonable doubt vpon this point, it would be ground of ac- quittal. Gut if he had mental capacity io form an intent and did form either intent charsed in the indictment, it matters not row much he was under the influence of in- texieating liquor, or that he might or would rot have formed such intent if he had been sober. If the intent existed, though it was induced or brought about by the use of in- texicating drink, it was equaliy unlawful as if it had been. formed when he was sober. An unlawful intent is not the less so be- cause induced by drunkenness.” The jury retired at 11:40 o'clock. Milliken and his brother remained in court while the jury was out. -_o Postmaster Willett's Salary. The Hduse committee on post offices and Pest reads today reported a bill raising the salary of Postmaster Willett of this city te 36,000 per annum. ——— Thee Committee Will Wait. Representative Brostus, chairman of the House committee on reform in the civil service, said today that it was known that the President intended im the near future to make important changes in the ciyi? service. The House committee would it t> ascertain their nature before proceeding to report on bills relating to the subject. LATE NEWS BY WIRE Called Into the Field. PROCLAMATION OF A HOLY WAR Amendments, 0 ANACOSTIA Probate Court—Judge Hagner. Estate of Maggie E. Gibbs; letters of ad- ministragion issued to Wm. L. Read; bond, $500. Estate of Wm. Stevens; rule on next of kin issued. Estate of Justina Freund; will admitted to probate and letters testa- mentary granted to Catharine Treiber; bond, $100. Estate of Sam’! Brownschweiz; Osman Digna to Leave Kassala for an Electric Dongola. Bangs; will admitted to probate and letters testamentary granted to Ethel Bangs; bond, $1,000. - Estate of Mary Van Riswick; answer of Wilton J. Lambert filed. Estate of Enoch M. Norris; will admitted to probate and letters of administration c. t. a. issued to Sarah A. Norris—bond $300. Estate of Elizabeth A. Conley; will admitted to pro- bate and letters testamentary granted to Wm. H. Conley—bond $20). Estate of Henry C. Sayles; do, to Mary C. Sayles— \ ey : STATEMENT IN COMMONS VARIOUS orar MATTERS Two subjects occupied most of the time -of an extra long session of the Senate District committee this morning. Those present were Senators McMillan, Gallinger, LONDON, March 20.—A dispatch to the Globe from Cairo says that the khalifa has | proclaimed “jehad” (holy war) against Egypt, and has called all the dervishes THE EVENING STAR, FRIDAY, MAROH 20, 1896—FOURTEEN PAGES. felt for some time that the District Com- missioners should permit one-horse cars to be run over this line in the business center of the city when the latest amendment to the charter of the road specifically required the use of two horses on each car. The committee some time address let- ter to the Commissioners asking thems why this was permitted. The reply was re- ceived in the Commissioners’ report on the McMiNan bill amending the charter of the foad, but at the meeting this mofming the committee agreed that sufficient reasons were not set forth for the prolongation of this practice. eee Se eee es a Bibs ti Tomar ts We Saher st the company which gives to the Commis- sioners the discretion as to the use of one- horse cars within the city limits. Street Extension. The street extension matter was not dis- cussed, except very briefly at the begin- ning of the meting in connection with the Teassessment bills. The Commissioners’ new proposition looking to the amendment of the highway act, which is printed else- where in The Star today, was received at the committee room during the meeting, Lower Price in London Cause Fractional Concessions Here. ROMORED PRESIDENTIAL MESSAGE The Report Caused Some Appre- hension Among Speculators. GENERAL MARKET REPORTS Speclal Dispatch to The Evening Star. NEW YORK, March 20.—Lower prices for the international lst in the London market resulted in a further contraction FINANCE AND TRADE|THE VOTING BEGUN capable of bearing arms to enroll under his banners. ‘The dispatch adds that it fs sald that Os- man Digna is to leave Kassala and join the dervishes now mustering at Dongola. ‘The under secretary for foreign affairs, Mr. George N. Curzon, answering a ques- tion in the house of commons this after- noon, safd that the decision of the govern- ment to send British-Egyptian troops to Dongola was considerably influenced by a communication from Italy relative to the Prospects of a dervish attack on Kassala and the effect it might have upon Egyptian interests. The house was occup!ed for an hour to- day with various questions put by Mr. John Morley, Sir William Harcourt and Mr. John Dillon regarding the expenses of the Nile expedition and the understanding with Italy in regard to the steps being taken. Mr. Morley, in his remarks on the sub- ject, pointed out the unfortunate nature of the expedition decided upon by the govern- ment, saying that it was not oniy a deroga- tion of the pledge of Great Briiain that she would not assume a protectorate over Egypt, but was likely to withdraw from that country some of the benefits and biess- ings since England administered affairs. poeta es WEYLER PROFESSES SATISFACTION. Pleased With the Progress of Events in Cuba. HAVANA, March 20.—Capt. Gen. Weyler is satisfied with the progress made in the ccnduct of the military operations and in tke active pursuit of the insurgeats which is now going on. Encounters with the enemy are of dally occurrence, and in al- most every instance the troops are reported to be victorious. All reports circulated that it is the inten- tion of the captain general to resign are classed as untrue. The most complete har- mony prevails here between the captain gencral and the officers under his command. Gen. Weyler enjoys the full confidence of a Spanish government and the officials ere. A detachment of troops near Cardenas, Province of Matanzas, has captured 151 cases cf ammunition, nine cases of car- bires, fourteen medical chests, twenty bexes of accouterments and two boxes of certridge caps. These supplies, evidently intended for the insurgents, were found in three boats, which apparently belonged to scme filibustering steamer off the coast. The Spanish cruiser Infanta Isavel has left Matanzas for Varadero, near Cardenas, which is the nearest place to the Spot where the three boat loads of supplies of the enemy were captured. MADRID, March 20.—It is officially an- nounced here that Gen. Weyler has tele- graphed the home government, saying that he is satisfied with the course of the mill- tary operations in Cuba, and that he has no metive which would prompt him to re- sign, as stated in the newspapers here. Insurgent Arms Seized. Senor Dupuy De Lome, the Spanish min- ister, today received the following cable- gram: . “HABANA, March 20th, 1896.—The de- tachment of Veradero, near Cardenas, cap- tured 150 boxes of ammunition for Reming- ton and Winchester rifles; nine boxes of cavalry rifles, fourteen tin boxes of medi- cine, twenty knapsacks, covered with oil- clot two boxes of explosives and three Sig.) “WEYLER.” The Spanish minister is of the opinion that the war material mentioned is that of the Collazo expedition, which, it is said, was shipped from Cedar Key in the schooner J. S. Mallory, captured by the United States revenue cutters, released by’ the authorities at Tampa, and afterwards transhipped somewhere near the southern Coast of Viorida to the steamer. Thres Friends. Details of the recent engagement -between Col. Ynclan’s forces and the insurgents under Maceo near Candelaria, in Pinar del Rio, are meager, but the losses incurred by the Spanish troops are admitted to be se- rious, the engagement Dali g more in the nature of a pitched battle than any prev- ious one during the tmsurrection, and the attack made by the insurgents was wold and effective. A telegram from Gen. Linares at Cay- ajabos admits this much. He says the Spanish troops are worthy of the highest praise, as they had to attack in the open an enemy barricaded behind stone walls. Gen. Linares also reports that the column under Lieut. Col. Frances had taken the in- surgent position after a stubborn defense directed by Maceo, Banderas and Delgado. ——__— MecKINLEY’S ALLEGED PROMISES. Said That the South Will Get Two Cabinet Offices. Special Dispatch to The Evening Star. RALEIGH, N. C., March 20.—Daniel L. Russell, one of Senater Pritchard’s chief supporters and closest friends in North Carolina, says today McKinley has prom- ised that two cabinet positions go to the south; that North Carolina will get one, and that it falis to Fritchard, who is in hares of McKinley's interests in the south. —___ PASSED SECOND*READING. The Manitoba Remediul Bill Has a Majority of Eighteen. OTTAWA, Ont., March 20.—After u con- tinuous session of thirty-nine hours, the house of commons today passed the second reading of the Manitoba remedial school bill by a majority of 18. The motion of Mr. Laurier that the sec- ond reading of the measure be adjourned for six months was defeated by a majority of 24. The bill now goes into the commit- tee stege. As the parliament expires on April 24, there is no chance of the bill be- coming a law. s ———— CHASED THE ETHELRED. The British Steamer*Has Another Ex- perience With the Spanish. An officer of the British steamer Ethel- red, Capt. Hopkins, which arrived at Bos- ton yesterday from Jamaican ports, reports that on March 11 the steamer was chased for an hour and a half by a Spanish cruiser. The Ethelred was off Cape Maysi, the eaStern end of the Island of Cuba. The Spaniard could not make over nine knots an hour and was no match for the fruit vessel. When first seen by the Ethel- red another cruiser was in company with the aggressive one, but apparently took no interest in the proceedings. No shots were fired from the warship, as the distance was too great for any display of gun practice. The Ethelred last summer was fired upon by a Spanish gunboat. ———_+e-+ THE COURTS. Cireuit Court No. 1—Judge Bradley. Andrew A. Lipscomb et al. vs. Geo. A. Shéhan; verdict for‘plaintiff for $43. Wm. A. Richards et al. agt. Owen E. Duffy; ver- dict” for plaintiff for $5,000 and interest from June 1, 1893. Gottschalk Company agt. Healy; judgment by default. Wm. D. Baltzell agt. Wm. Swingburn; verdict for defendant for return_of property or $125. J. C. McGuire agt. Walter Wellman; defendant called and judgment for plain- tiff for $1,430. Miller agt. Walke® ordered on. stet calendar. Collins agt. Reading Fire Insurance Company; do. Circuit Court No. 2—Judge McComas. Patterson agt. W. and G. R. R. Co.; on trial. Criminal Court No. 2—Jadge Cole, bond $600. Estate of Margaret V. Thorn- ton; Wm. H. Thornton appointed adminis- trator—bond $3,000. Estfte of Jno. B. Hes- sel; Christina Hessel appointed adminis- tratrix—bond $1,400. Estate of Mathias Matthews; Sophia Matthews appointed ad- ministratrix—bond $100. Estate of Geo. W. Kreuter; letters of administration granted to Paul F. Cain—bond_ $300. Estate of Mary T. Clark; do: to Geo. P. Zurhorst— bond $300. Estats of Alfred W. Clara; do.; bond, $900, Estate of Jno. Smith; petition for let- terg of administration filed and order of publication. Estate of Sarepta Storum; petition for letters of administration filed. Estate of Chas. B. T. Payne, letters of ad. ministration granted to Chas. T. Yoder; bond, $2,500. Estate of Jno. -F. Webb: Henry R. Webb appointed administrator d. b. n.; bend, $25,000. Estate of Joseph Holt; issues filed. MESSAGE ON CUBA One Expected From the White House Monday. It is Supposed to Relate Chiefly to the Enforcemcnt of the Neutrality Laws im the Present Situation. - Although not officially admitted, there is an impression in some quarters that the President will shortly send a communica- tion to Congress in regard to the Cubar af- fair. In some quarters it is sald that he ; Will send in a message early next week in the shape of an answer to the resoiution of Senator Hoar calling for the iatest offi- clal information in regard to the situation. Inasmuch, however, as the officials of the State Department have not yet prepared the recent correspondence on this subject for transmission to Congress it does not appear likely that It will go in for some time yet, and hardly next week at any rate. The fact that there has been no very im- portant change in the Cuban situation since the President sent in his last batch of Cuban correspondence ts advanced by one high official as a good indication that he is not likely to again communicate with that body immediately in regard to the dip- Icmatic aspects of the case. The report that a message is imminent. probably -arises from the fact that the Secretary of the Treasury has prepared a report of the action taken by the Treas- ury Department for the enforcement of the neutrality laws in the case of Cuba, which includes copies of all instructions issued to customs officers of the revenue cutter service to prevent the organization and departure of filibustering expeditions. This report is made in response to a reso- lution introduced by Senator Call of Florida calling for certain detailed information on the subject. This correspondence may be accompanied by a message from the Presi- dent giving his views on the situation, but it is said to be extremely improbable. This correspondence is all ready, and wiil be sent to the Senate Monday or Tuesday, or it may possibly go in late this afternoon. It refers solely to the steps taken by the Treasury Department for che strict ob- servance of the neutrality laws, and has no relation to the progress of events in Cuba. American interests have already suffered cersiderably by reason of the insurrec- tion and a large number of claims have been filed for compensation for property destroyed by military operations in Cuba. These claims are against Spain and have been filed at the State Department and at the Spanish legation. They are for all classes cf damages, alleged to have been inflicted upon property of American non-combatants, and aggregate, according to one authority, nearly $3),000,000. Most of the claims are for the destruction of sugar crops and machinery, and others are for buildings, horses, cattle, fowls and all kinds of domestic animals, etc. The depredations are said to have been com-, mitted by the Spanish soldiers, as well as |.by the insurgents. ‘The Cuban question was discussed at to- day's meeting of the cabinet, but with what result had not been disclosed up to a late hour this afternoon. ——__-e+_____ Ambrose Bierce to C. P. Huntington. ‘To the Editor of The Evening Star: On Friday of last week, immediately after the House committee en Pacific railroads had concluded its session, Mr. C. P. Hunt- ington was asked by Representative John- son of California to confirm a statement that Mr. Huntington had previously made to him (Mr. Johnson), namely, that on be- coming president of the Southern Pacific company he had cut off the company’s an- nual payment of $12,000 to the San Fran- cisco Examiner. In the precence and hear- ing of three members of the committee Mr. Huntington said that it was true. The statement appears to have been made in explanation of the Examiner's hostility to him and his schemes for funding the debts of the Pacific railroads. I have reason to think that Mr. Hur- tington will be given an opportunity to prove in court Tis accusation that the Ex- aminer was once on the pay oll of nis company. In the meantime, if he will Prove it to the satisfaction of three gentle- men, one to be named by him, one by me and one by the two others, I hereby pledge inyself to retire permanently from the ser- vice of the Examiner. As he has frequent- ly signified his earnest disapproval of my work on that paper, he should think my re- tirement desirable and advantageous, I promise, moreover, that if he make his accusation good, I will take him by the hand, which recently I have twice refused when he offered it—once in the presence of three members of the press, in a corridor of the Capitel, and again in the room of the Senate committee on Pacific railroads, in the presence of the committee and many gentlemen attending one of its meetings. As to this latter promise, I exact but one condition: Mr. to my glove. Iam, Mr. Editor, very respectfully yours, AMBROSE BIERCE. Hotel Page, March 20, 1896. ———__ Aequitted of Highway Robbery. Jchn Beverly, a young colored man, was acquitted in Criminal Court No. 1 his. afterrcon of highway robbery upon Jas, Harrington the 18th of last January. Huntington ts not to object WHEN AN ADVERTISER buys space in the columns of The Star he buys something of known, real and_ substantial value in itself, entirely discon- nected from gift enterprise in- ducements or other deceptive schemes, stich as some papers hold out to entrap the unwary. For the dimes which advertis- ers sow in this fertile field they are sure to reap a large crop of dollars, and they, are content with the ample returns which always follow judicious invest- ments in legitimate channels such as the advertising columns of The Star. As business bring- ers they have nothing like an equal in Washington. Proctor, Wetmore, Baker, Harris, Faulk- ner, Gibson, Smith: and Martin, the ab- sentees being Senators Pritchard, Hans- brough and Bacon, The Anacostia railway problem and the dollar gas bill were the topics up, and the result in each case was somewhat sur- prising. The gas bill, which it was gen- erally expected would be favorably report- ed today, was laid aside until April 10, and the Anacostia question was practically set- tled by a decision to authorize a new com- pany to enter the field with rapid transit und compete with the existing line. After the meeting Senator McMillan an- nounced to The Star reporter that he had read the dollar gas bill with the proposed #mendments to the committee, and, after a discussion, it was agreed, at the request of Senator Harris, who is to leave the city in a few hours for Tennessee, to be gone some time, to postpone action’ on the whole mat- ter until the 10th of April, when it and the bill providing a charter for the proposed new company will be taken up for final disposition. It has been known for some time that Senator Harris has intended to make a trip to the south. His health is not very xcod, and he has given notice in the Sen- ate on at least two occasions that he wanted to accomplish certain things, as he was Ceslrous of leaving the city. So his intended departure has not been a sudden development, and its interposition at this time to prevent action on this Dill, which has been practically pending for ‘several sessions, was rather surprising today to those who follow local legislation in the Senate, But Mr. Harris was not alone today, it is understood, in his request for delay. Others were anxious for a pc’tponement. They were in a minority in the committee, and the best information is that had a vote been urged the bill would nave been ordered to a favorable report by a wide margin. But the friends of dollar gas in the committee feel that they can afford to agree to a brief postponement, inasmuch as the bill has already passed the House, if by so doing a struggle in the Senate can be averted. There is undoubtedly a great deal of lob- bying being done by the gas companies against both the dollar gas bill and that in- corporating a new company. There is no likelihood of tho latter passing, it is felt, but it is generally felt that there is a safe majority in both committee and Senate in favor of a reduction of the price of gas. The Gas Amendments. In committee today two important amend- ments were added to the bill, in addition to that which, it was practically agreed,should be made on the question of the tests to bé provided for purity and power.- The latter amendment fixes the candle power at 24 candles, “tested by the Bunsen photometer, using the Bray slit union burner number 7, consuming five cubic feet of gas per hour.” A new section is added affecting the financjal management of the two compa- nies. It provides: “Neither the Washing- ton Gas Light Company nor the George- town Gas Light Company shall hereafter issue any greater number of shares of stock than shall be equal to the actual and necessary cost of the construction of extersicns or enlargement of plant, which cost shall first be ascertained and author- ized upon petition therefor to the Supreme Court of the Disirict under such regula- tions as the chief justice and the justices thereof shall prescribe; also, if elther of said corporations shall desire hereafter to issue bonds upon their property, secured by mortgage or otherwise, upon petition to saic court, setting forth thé necessity thereof and the amount of stock issued and outstanding, it may be lawful for the said court, upon public notice, to. be pre- scribed by the rules of court, to permit the }igsuay ce. of such bonds and mortgage as fesired. Beste | ~*Previded ‘that ‘the amount of stock and bends so issued shall not exceed the actual | cost of such extensions or enlargement of plant,” Another new secifon provides that the officers of the United States in charge of Ughting the public buildings in. the Dis- trigt and the Commissioners are author ed in theje Ajscretion. to enter-into-com } tructs“With the gas companies for govern- tent oy pyhlic-lighting for a period of not | toeXceed five years, at such rates as they may deem fo. the public interest, but not in any case exceeding the rates named in the act, provided that nothing in the sec- tion shall be constructed as restricting the substitution of electric lighting for gas in public buildings or streets. Rapid Transit to Anacostia. The Anacostia railway question was giv- en a new turn by the Commissioners’ ac- tion of yesterday in disapproving the bill recently introduced by Senator McMillan requiring the Anacostia Railway Company to introduce rapid transit inside of two years and providing for a free transfer at the market-between this line and the Met- ropolitan. This. veto from the District building placed the committee face to face with the alternative of neglecting to pro- vide better street car service for the peo- ple of Anacostia, who nave been deluging the committee with complaints and peti- tions for relief, or of-granting a charter to a competitor in this field, which at pres- est bareiy supports one cheap line of cars. There was no question in the minds of the members of the committee that the people of Anacostia deserve relief. If the Commis- sioners, it was argued, do not agree with the remedy proposed, which seeks to pre- serve the present monopoly of the fleld and yet to give a better service to the clti- zens, then the sole remaining action pos- sible is the granting of charter rights toa competitor. The Capital Railway Company was char- tered by the last Congress, but its project of crossing the Eastern branch by means of a new bridge to: be built at South Capi- tol street has heen defeated by the adverse report of the War Department, and it has recently been seeking an amendment to its charter permitting it to cross by the Navy Yard bridge, so as to make connec- tion with one of the city lines of rapid tran- sit cars. The committee:selected this com- pany for the privilege of competing with the Anacostia railway, and a bill was prac- tically approved granting it the desired right. 2 :iiee A favorable report twas orderéd to be made on this bill when it shall have been amended so as to protect the country roads. As tt nowystantls, the bill author- izes the company ta camstruct a single or double track streetfaallwby from a point on the District line near fhe Potomac river, southeast of Shepherd's ferry (Congress Heights), thence by:sueh route as shall be approved by the Commissjoners to the south side of thes Eastérn branch at the Navy Yard bridged; thence across to 11.h street, to M, and then 4d a point near Sth street to be designated by the Commis- sioners, connecting:|with the lines of the Cap!tal Traetion Company. A second line is; also ‘authorized, begin- ning at the easterm end-of the Navy Yard bridge, in Anacostia;:running easterly along Monroe and Harrison streets and Good Hope road to. the? District line, over such a route as the Commissioners’ shall approve. It is provided that within the city a double track shall be constructed. The motive power shall be the under- ground electric within. the city, and the overhead trolley outside. For crossing the bridge, the company may, in the discretion of the Commissioners, use either horse pewer or the underground electric system. This bars the trolley from the bridge, but it is provided that the company shall have the privilege of carrying ‘an electric cur- rertt across the bridge in such manner as the Commissioners shall’ prescribe. The Cap‘tal Traction and Capital railway com- panies are required to ‘Issue free transfers at the’potnt of intersection, so that a ‘pas- senger shall have the'privilege of riding over the lines of both for the payment of a single fare. and so did not come before the committee in formal shape for discussion. In addition to the action already noted, adverse reports were ordered upon the bill to incorporate the Washington Homeopathic Medical College in the District of Columbia, and the bill, Senate 2183, further amending the act regulating the sale of intoxicants in the District, approved March 3, 1893. The Commissioners had reported adversely upon these bills, and the committee followed their recommendations. A favorable report was ordered on Senate bill 2321, introduced by Mr. Sewell, to authorize and regulate the sale of unclaimed freight, baggage and other property in the District of Columbia. Senator McMillan presented an amend- ment to the District appropriation bill, ap- propriating $6,060 to pave Florida avenue from 18th street to Connecticut avenue. THAT TROUBLESOME POLE The Oase Against the U. 8 Electric Light Company Resumed. . Arguments Made by Counsel for the District and for the Company, The case of the District of Columbia against the United States Electric Light- ing Cumpany, involving the occupancy of public space with overhead wires, brought about by the alleged unlawful erection of a pole recently at the northeast corner of h street and Penrsylvania avenue, was resumed this morning before Judge Kimbali in the Police Court. Mr. Thomas’ Argument. All testimony in the case was placed in evidence Wednesday, so that when the matter ccme up today counsel proceeded at once with arguments. Attorney 8. T. Thomas, representing the District, was the first to address the court. In opening, he stated that the care of the streets of the District devolves upon the Commissioners, and it is their duty to keep them clear and unobstructed. He then went on to argue that the pole in question at 15th street and Pennsylvania avenue was in reality the pole of the United States Elec- tric Lighting Company, and not of the Western Union Telegraph Company, as had ,been contended. The telegraph com- pany, he satd, did not care to perpetuaie the old, decayed pole at the corner men- tiored, for it supported only the wires of the electric lighting company. In illustra- tion of his point Mr. Thomas cited an imaginary case, involving the right of the | owner of a building to which wires are at- tacked to tear down his structure, erect another and de@line to permit the attaching of wires to the new building. Mr. Thomas declared it to be entiraly immaterial that there was any provision of revocation in the rermits issued for its laying of wires. No Emergency Existed. The attorney, continuing, argued to show that the old pole was sufficiently guyed and no emergency existed, and, therefore, President Thomas was not justified in tak- ing the law into his own hands and putting up the’ pole. If a permit was refused he lad adequate remedy at law by bill in equity. An authority was cited to show that whenever Lelegraph, telephone or elec- trie lighting companies desire permission to act in a manner incurring the obstruc- tlow'of the streets, and such permission {s denied, the proper course is to appeal to the courts and not proceed in opposition to th authorities. According to Mr. Thomas, there was absolutely no justification for the erection of the new pole. When permission was refused, he said, application should ; have been made for a permit to renew an old conduit of the Electric Lighting Com- pany on 15th street, and it undoubtedly would nave been issued. - Redington for the Company. Mr. Redington followed in behalf of the United States Electric Lighting Company. He advanced the proposition that the right to maintain poles exists under congression- al authority and not under the permits issued by the Commissioners. If the com- pany stood alone in the permits they would be maintaining unlawful structures, There is no evidence, he said, to show that the wires placed in the underground conduits did not come, in equivalent, from the poles. The act of 1888 was referred to as legalizing the existing wires and au- thorizing the company in placing such as might be desired underground. It was further claimed that the act was not man- datory, but provided that some wires might be maintained underground and others overhead. The company, stated Mr. Redington, has placed underground about forty-six miles of its wires, and at the present time main- tains less than four miles of wire over- head. The result, it was claimed, carries out the general objects of the act of 1888. The act of 1888, contended Mr. Redding- ton, did not prohibit the future erection of poles. Not Subject to Control. The second proposition of the defense, as stated by the attorney, was to the effect that the right granted the company under the act of 1888 is not subject to the control of the Commissioners. It was the duty of the company to the public to erect the new pole without a moment’s delay. If the pole had fallen, the company would have been Mable for damages to every person, and to the owner of every piece of p-op- erty that gnight have been injured by the pole in falling. The action of the com- pary, Mr. Reddington admitted, should be under the reasonable supervision of the Coremissioners, but when that supervision became. unreasonable, it was proper for the company to go ahead and protect the public at all odds. Ownership of the Pole. After a recess Mr. Reddington argued as to the ownership of the pole, claiming that the electric lighting company had a perfect right to replace the pole. Mr. Jere M. Wilson followed Mr. Redding- ton. eae DISTRICT GOVERNMENT, e Liquor Licenses. A delegation consisting of Messrs. Mad- igan and Sullivan, representing the liquor dealers of the city, appeared before the Commissioners this morning to urge ad- verse action against the bill now before them having for its object an increase of the fees charged for the sale of liquor. The excise board, to whom the bill was first referred, has favoraiiy reported the Dill. It was argued that the saloon men of the city were almost upanimous against the bill, and its enactment into law would bring about a condition of things that would be bad. Speak-easies would spring up everywhere. Then, again, the present law is c@nparatively new, and a sufficient trial has sot been given to demonstrate its eutire merit. There will be a delay of sey- eral days before the Commissioners’ re- port will be made, in order to give an op- portunity to those opposed to the measure to prepare a brief and have a hearing. Suburban Railroad Hearing. s The Commissoners this afternoon gave a hearing to Messrs. Davis, Smith and Moyer, representing the Columbia Suburb- an railroad, which seeks through a pend- ing bill to obtain a charter to run from 15th street down Bladensburg road. in the volume of local business, under cover of which fractional concessions were re- corded. The professional trading element is considerably involved in doubt as to what course should be pursued in the ab- sence of a public demand, and indications point to moderate recessions pending the formation of a definite plan of action. The publication of rumors relative to a probable presidential message on the Cuban question caused some apprehension during the early trading, but reliable advices in- dicating that no such message was in pros- pect had a reassuring influence. The slow progress of the belligerency resolutions in the Senate has made the street extremely susceptible to rumors of this character, and Washington advices are sure to find immediate reflection in stock values, accuracy being a secondary consideration. The best information ob- tainable would indicate that there is littie cause for apprehension with regard to either of the two diplomatic questions which have lately figured so prominently in the stock market. The manipulation in American Tobacco was again a conspicuous feature of the day’s trading, a 2 per cent advance being recorded on buying for interests in a posi- tion to be kept constontly advised of in- ternal developments. Some realizing at the advance resulted in a moderate reac- tion, but the bulk of the effort is opposed te lower prices. A further decline in Tennessee Coal and Iron attracted some attention, yesterday's sellers being again prominent in the move- ment. The unsatisfactory condition of the iren trade and the slow market for manu- factured products are urged in explanation of the reelizing movement now in progress. The selling for short account atiracted by the liquidation of small holders during the week has resulted in the creation of a short interest of sufficient proportions to warrant a moderate recovery :n the price of this property. The changes in the rail- way list were uniformly confined to small frections, and were not the result of any significant operations. in a market less professional than the present one the earnings of the more prom- inent railway properties would not be re- garded as justifying an attack on values. Tke absence of an outside interest, how- ever, has a tendency to permit the mag- nifying of the evils that do exist, and weak holders are consequently Haole to be forced into profit taking at the first indication of a determined attack in the interest of the short account. . All thirgs considered, the present nar- rowness is not likely to be immediately re- lieved, and without an extension of the de- mand, higher prices, except in the specit tues, are not probable, perhaps not possible. A traders’ market is, of course, subject to only moderate fiuctuations, and a reac- tion would cause no alarm. The real own- ers of stocks are not disposed to sell, nor will the average speculative flurry tempt them to part with present holdings. A waiting, unprofitable market, with a mod- erately lower level to precede a substantial- ly higher one is a reasonable prediction. —————<—___ FINANCIAL AND COMMERICIAL, The following are the opening, the highest and the lowest and the closing prices of the New York stock market today, as reported by Corson & Macartney, members New York steck exchange. Correspondents Messrs. Moore & Schley, No. 80 Broacway. American Sugar. American Sugar, American Tobacco. American Cotton Oil Del., Lack. & W.. belaware & Hndson.... Den. & M. Grande, Pa. is. & Cattle Feeding. General Electric. Uilinoia Central ie... Louisville & Nashvilic Long Island Traction. Metropolitan Traction. - U. 8. Leather, Pid. New Jersey Central... 1 New York ce Seoce) eos Depere Y.& N. Xng. Cf 6 NYC. @ SU Louies. ccc. ieee: case ccton Northern Pacific.....00. 13 1K 1G 1K Northern Pacific, Pfd.. 12 Bry yg 1s North American. - 8 Se Bb By ‘Unt. & Western. 5 4 Yacific Mall.. Phila. & Reading. .-..1. Pullman Pal. Car Go. Wabash, Pid. Wheeling & 1. iitie..-7 Wheeling & L. Erie, Pfd * Western Union ‘el. Balto. & Ohio Washington Stock Exchange. ‘Sales—regular call—12 o'clock m.--Columbia Na- tional Bank, 5 at 133. Washington Loan and Trust, 2 at 119%; 2 at 120. Washington Gas, 40 at 41. Columbia Fire Insurance, 10 at 124. Government Bonds.—U. 8. 48, registered, 10S' bid, 109! ‘3, 48, coupon, 110 bid, 11. asked. ». 116% bid, 117% asked. U. |, 113% asked. District of Columbia Bonds.—20-year fund 38, 103 id. 30-year fund 6s, gold, 108 bid. Water stock 1908, 7s, 1901, currency, 110 bid! Water stock 7s, furrency, 112 bid. 3.655, funding, currency Miscellaneous Bonds.—Metropolitan Reflzoad 5s, 100% bid. Metropolitan Railroad conv, 6s, 115% bid, 118 asked. Belt Hailroad 5s, 85 asked. = ington Railroad 6:, 101 asked. Golumtia Rallrosd Gs, 116% bid, 117% asked. Washington Gas Com- y coav. G8, 118 bid, 128 asked. U. 8. Blectric Lizht conv. 5s, 118 bid. Chesapeake and Potomac ‘Telephone Gs, 9944 bid, 102 asked. American Se- curity and ‘Trust 3s, F. and A., 100 bid, 103 asked. American Security ‘and Trust ‘5s, A. and O., 100 bid, 105 asked. Washington Market Company Ist 6 108 bia, Washington Market Company imp. 6s, OS bid. 108 bid. Washington Market Company ext. 6s, Masonic Hall Association 5s, 106° bid. Infantry ist 6s, 99% bid. tocks.—Bank of Washington, 280 ‘240 Did. Metropolitan, Farmers and Mechan- E Second, 133 bid. Citi- zens’, 133 bid. 2 asked. Cay ital, 117 Did. West End, 107 bid, 110 asked. Trad- 98 bid, 1 asked. Lincoln, 100 bid, 106 asked. Qhio, $5 bid, 100 asked. ‘ational Safe ice. ‘Trust, 125, asked. Washington Loan 119% Wid, 132% asked. American Se- nd Trust, 145 b'd, 150 asked. s.—Cap'tal Traction Company, *68%4 Wid, 71 asked. Metropolitan, 109 bid. Colimbia, 55 bid. Belt, 30 asked. Eckington, 14 bid, 30 asked." Georgetown and Tennallstown, 30 asked. Gas acd Electric Light Stocks.—Washinzton 41 bid, 42 asked. Electric Light, Georgetown Gas, 40 bid. U. 161 asked. Insurance Stock: s My bid, 118. i —Firemen’s, 30 bid, 40 asked. Franklin, 38 bid. Metropalitan, ‘70 bid. 52 bid. Potomac, 65 bid. Arlinzton, 440 bid. German-American, 105 bid. National Union, 11 bid, 12% asked. “Columbia, 12% bid. Riggs, 7% bid, 8 asked. People’s, Dis bid.” Tancota, Th ids Washington Light tional Si Commercial, 4% bid. 6 1d. 110 ached Columbia Tithe, OM bid, Tip ashe b: se nia Title, . TH . Wiestington witle. 3 bide, District ithe, 7 hid. ‘Telephone Stocks.— lvania, 38 atic Gun Or Ss bid, be ™ Miscellancous Stocks. —Mergenthater Linotype tia Sy asked.” Wasdlngion Markets 13 0Id. Grect i a Falls bid, 130 asked. Lincoln Hall, 90 *Ex div. - i (Continned from First Pages “~'"~ represent this country anywhere or at any. time.” ‘and long republican applause.)’ The First Resolution Carried. At the conclusion of Mr. Bailey's remarks Mr. Hitt asked for a vote. At the request of Mr. Willis, the vote was taken separately on the two resolutions. The first resolu- tion censuring Mr. Bayurd “in the name of ard was carried—yeas, 180; nays, 71. Sev dem: eral ocrats, Messrs. Cummings (N. Y., Bailey (Tex.), Latimer (8. C.), Sorg (Ohio) and Cockrell (Tex.), voted with the repub- licans for the resolution, and several re- ‘publicans, Messrs. Cook (IIL), Willis (Del.), Baker (Md.), voted with the democrats against it. The Second Resolation Also Adopted by the House. The second resolution was also adopted by the House. Yeas, 191; nays, 59. THE SENATE. The urgency felt in advancing the Cuban question to @ finality in the Senate was shown today by the abandonment of the usual routine business, the suspension of the reading of the journal and the imme- diate taking up of the Cuban resolutions. Having secured the right of way, Mr. Sher- man yielded temporarily to Mr. Allen (Neb.} to state his views on the claim of Mr. Du Pont. The statement had more than pnes- ing interest, as the six populist votes in the Senate are regarded as decisive in the con- test, and this was the first expression froza a populist Senator. Mr. Allen Against Du Pont. Mr. Allen’s argument was of a legal char- acter, the general conclusion being that Du Pont was not regularly elected, and not entitled to a seat. He contended that Mr. Du Pont was not entitled to a seat in the Senate without a certificete or credentials frorm the executive of the state, and when this was lacking, as in this case, the courts of the state could compel the issuance of the credentials by the governor. Mr. Mitchell of Oregon rose to state that Mr. Alien stood absolutely alone in such a legal opinion, and that Senators now sat in the chamber who did not hold credentials from the governor. Mr. Mitchell sarcastically added that this a Allen as the “wisest man in e Senate. Mr. Allen resented with spirit the pur- pose to browbeat and taunt him. He cared nothing for the opinions of others, he said, and would not be humiliated by such sug- gestions. _ Mr. Chandler suggested that Mr. Call was sitting in the Senate without credentials from the governor of Florida, to which Mr. Allen responded that in such case he ought to go back to Florida. Senator Allen concluded that at the prop- er time he would give his vote against the admission of Mr. Du Pont to the Senate. Mr. Gorman’s Motion. Mr. Gorman moved that when the Senate adjourn it be until Monday. This aroused opposition, Mr. Lodge urging that Mr. Sher- man, who was temporarliy absent, desired to go on with the Cuban question tomor- row. Mr. Chandler pointed out the absence of a quorum, and on e roll call sixty Sena- tors responded. In the meantime Mr. Sho man had been suminened, and on entering the chamber stated that an adjournment over tomorrow would be objectionable, un- less a definite agreement was made as to the time for taking the final vote on the Cuban resolutions. . Mr. Hale expressed the hope that Mr. Sherman would not ask to fix a time for the vote. Thus far two-thirds of the time of the debate had been taken by those in sym- pathy with the committee on foreign rela- tions. Severai Senators on the other side of the case desired to speak and should 1 ot be foreclosed. On a roll call Mr. Gorman’s mo- tion prevaticd, 42-22. The detailed vote is as follow: Yeas (republicans)—Burrows, Cannon,Car- ter, Davis, Dubois, Hale, McMillan, Mor- rill, Platt, Sewetl, Teller, Thurston, Wet- more and Wolcott. Democrats—Bacon, Bate, Brice, Cafiery, Chiiton, Cuckreil, Faulkner, Gibson, Gorman, Gray, Harris, Hill, Irby, Jones of Arkansas, Martin, Mitchell of Wisconsin, Pasco, Pugh, Roach, Smith, Vilas, Walthall and White. Popu- Lbets—Allen, Butler, Peffer, Stewart--42. Nays, republicans—Baker, Brown, Chan- dier, Clark, Cullom, Frye, Gailinger, Lode, Mitchell of Oregon, Morgan, Nelson, Per- kins, Proctor, Sherman, Shoup sud Wilson, Democrats—Blancharé, Call, Mills, Morgan, Tillman and Vest. Populist—Kyle—22. Mr. Caffery Opposition. Mr. Caffery of Louisiana then proceeded with his speech, begun yesterday, oppos- ing the Cuban resolutions. In response to a whispered inquiry by Mr. Platt of Connec- licut, who sat near him, Mr. Caffery said: “I say in response to an inquiry, that we should not be engaged in denouncing on the floor of the Senate the manner in which foreign gevernments ccnduct their own affairs. No, I protest against attacks on the character of foreign countries. I pro- test against these epithets, hurled right and left at Spain during the debate in this chamber. I take no part in such denun- ciation, and I charaterize it as entirely out of place, and as not befitting the dignity of the Senate of the United States.” Mr. Caffery went on to urge that the reso- lution was a gratuitous insult to Spain and amounted almost to war. Why, he asked, should the United States Senate turn to the fairy tales told in the newspapers, to bloods curdling statements which were incredible on their face, and to narratives of battled that were never fought, in order to find justification of such resolutions. aS Saas es DISTRICT IN CONGRESS. A Government Printing Office Site. The House committee on public buildings and grounds at its session this morning resumed discussion of the question of re- lecting a site for a government printing office. The visit of several members of the committee to proposed sites last Saturday was recalled, and the several members of the committee who had formed the party of inspection gave their opinion upon the matter. No acilon was taken, however, at this meeting, except to determine to make another trip today or tomorrow to cther sites that have been proposed. Against the Racing Bill. The Natioral Reform Association,thrsagh several of its members and officers, was in evidence around the Capitol today working up sentiment against the bill providing for a racing commission in this city, and au- thorizing the holding of horse races under certain conditions. The Reform Association is against the bill, and will endeavor to de- feat it when it is called up next Monday, with other bills. Grain and Cotton Markets. Furnished by W. B. Hibps & Co., 1421 street, members New York stock exchange, correspondents Messrs. Ladenburg, ‘Thal- mann & Co., New York. GRAIN. Close, 624B Oven.” High. Low. kets. BALTIMORE, March 20.—Flour dull | changed—receipta, 6,055 barrels; shipments, 4,607 imore Ma: and un- barrels; sales, 435 Larrels. Wheat dull—spot, ‘72a 7244; month, 72 asked; May, CSaGsR: July, O8ise hipments, 16,000 bushels; stock, 112,115 j bu sales, 50,000 busheis—southern ‘wheat’ by sa TeaiG; do. on ginde, Tia74.. Gorm ensy— ot and month, 33 " 33% a33%; Ma Basar: steamer mixed, Ss%4ab21,—reoelpter BS,250