Evening Star Newspaper, June 16, 1897, Page 2

THE EVENING STAR, WEDNESDAY, JUNE 16, 1897-14 PAGES. ————— public debt of Hawal!, but with a stipula- Mcn thet this HMability shall not exceed ‘$4,000,000. The treaty, befare it becomes effectual, must be ratified by the proper authorities of the United States and of Hawail. No mention ts made of any gratuity te Liliuo- kalani or Katulant. Hawaiian Legation Surprised. The news ef the protest was a great sur- prise to the Hawatltan legatlon, and as soon as intelligence of it was obtained, Minister Hatch started out to learn the particulars. The essential point as to the protest, it is said at the Hawalian legation, 1s whether the- protest is against the annexation of Hawail or is merely a protest reserving to Japan all her rights under the existing treaty with Hawall. It Is believed that it is the latter. The Japanese treaty with Hawall was made in 1871, and provi-les that matives or-titizens of one country shall hav@ the uninterrupted right to enter into, reside ‘and trade in the other country, and shall have all the rights and privileges erjoyed by the people of any other country vnder treaty stipulations with Japan. Ja- Pén, under the treaty, consequently has a Perfect right to have her immigrants enter the Hawaiian Islands. Under international mw; the-annexation of Hawaii to the Unit- ed States would abrogate this treaty. More- over, @ new. treaty between the United States and Japan, made some time ago, “and to become effective in 1899, provilea that the United States may exclude Japa- nese. If Hawall is annexed, the effect would be to permit the United States to ex- clude the Japanese from Hawaii. It is “taken for granted, therefore, that the pro- test is one reserving Japan's rights under its treaty of 1871 with Hawaii. Fact of a Protest Denied. Mr. Stevens, the chancellor of the Jap- anese.legation, said to a Star reporter this ,morning that inasmuch as they had no official information that an annexation -treaty existed, the minister could not dis- cuss the subject. When the terms of the treaty were known to him he might have _Smething to say. As to the stetement that the minister -had filed a protest with the State Depart- ment, Mr. Stevens sald that the minister had taker no action which he construed to by In the nature ox a protest. The min- _ ister. he said, called at the State Depart- ment yesterday, “rot on the subject of the treaty exclusively, but on another matter of equal importance.” He then made for- mal inquiries: as to the terms of the treaty, should there be one, calling attention to certain rights of Japan by treaty and by law, which, he trusted, would be regarded in any treaty made. This, Mr. Stevens sald, was not in the nature of a protest, since they could not protest without knowing what they were protesting against. He said that of course in the annexation of one country to another the acquired rights of foreign powers in the annexed country had to be taken into con- sideration, and Japan had full confidence that in this matter the United States would protect Japan in her rights before annexa- tion was completed. Some of the rights of Japan, he said, were perpetual. Hawaiian Commissioners Reticent. The representatives of Hawai! who have been in this city for some time past labor- ing to secure a treaty of annexation with the United States declined to be interview- ed today upon the matter of the success which has attended their efforts. To a Star reporter who called at the Hawailan lega- tion, ex-Minister Thurston, one of the spe- cial commissioners, said that he had no Statement to-make. There was nothing to be said that. would strengthen their posi- tion at this particular time, and while they might express their personal gratification at the signing of the treaty, good taste, he thonght, forbade their saying anything more at this juncture. Mr. Thurston was unwilling to express any_opinion as to the fate of the treaty in the Senate or the length of time that may elapse before the treaty Is ratified. DETAILS OF THE TREATY. State Department Officials Reticent on the Subject. It is impossible to obtain an official copy of the treaty in advance of its release by the Senate. The officials of the State De- partment refuse absolutely to say a word about it today. It is understood, however, that its salient features have been exactly set out in the exclusive publication in The Star last Sat- urday. The treaty. Itself is very short considering the fmportance of the ‘subject. “It treats of, and is believed to be, included in six articles and a preamble. The latter is such as is usually a prefix to treaties of apnexation.in explanation of the objects sought fo be attained, the key note in this case being the paramount interests, com- mercial and political, of the United States in the Hawaiian Islands and the express- ed wish of the Hawaiians themselves for union-with-the great republic. The plenipotentiaries named in this pre- amble are Secretary Sherman for the United States. and for the Hawaiian gov- ernment, three special commissioners, viz., Minister F. M. Hatch, Lorin A. Thurston and W. A. Kinney. The first article, which transfers sover- eignty, is as follows: “The government of the Hawaiian Islands hereby cedes, from the date of the ex- change of the ratifications of this treaty, absolutely and without reserve to the United States forever all rights of sov- ereignty of whatscever kind in and over the Hawaiian Islands and their dependencies, renouncing in favor of the United States every sovereign right of which as an inde- ndent nation it is now possessed; and enceforth said Hawaiian Islands shall be- come and be an integral part of the terri- tory of the United States.” The second article transfers all public Property to the United States, In the fol- lowing language: “The government of the Hawalian Is- lands also cedes and transfers to the United States the absolute fee and owner- ship ef ali public, government or crown lands, public buildings or edifices, ports, harbors, fortifications, military or navai equipments and all other public property of every kind and description belonging to the government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining. “The existing laws of the United States relative to public lands shall not apply to such lands in the Hawaiian Islands, but the Congress of the Untfted States shall enact special laws for their management and disposition: Provided, That all revenue from or proceeds of the same, except as regards such part thereof as may be used or occupied for the civil, military or naval purposes of the United States or may be assigned to the use of the local govern- ment, shall ‘be used solely for the benefit of the inhabttants of the Hawaiian Islands for educational and other purposes.”* The third article provides for the contin- Uance of the present form of government in Hawail until Congress shall have pro- vided a proper machinery for the operation of the organic laws of the United States. A limitation upon the power of the Ha- wailan government is the reservation to the President of the United States of the right of veto to any of its acts. It Is also provided that while present treaty arrangements shall conti ue until further notice, no ad- Gitional ties of this kind are to be incurred by Hewat. The consular representatives of the powers are to exercise their functions witn- out obstruction until they are, after the completion of annexation, provided with exequaturs by the United States govern- ment. The fourth article of the treaty pro- hibits further Chinese immigration into Hawali and prohibits the Chinese now in the island from entering other parts of the United States if they are subject to its — under the existing anti-Chinese ws. The fifth article provides for the as- sumption by the United States in return for the considerations above noted, of the Hawaiian national debt. with the under- standing that this liability shall not ex- ree sR nenige Nore that it shall not in- any ol ation not existing bef the ratification of the treaty.» for? The last article is purely formal, relating “~ entirely to the method of ratification and leaving the selection of place for ex of final ratification for future settlement. Former Queen Lilluokalani and the Prin- cess Kalaulani were provided for in the Harrison treaty, the first to secure a pen- sion of $20,000 annually during life, and the —_— the lump sum of $150,800. Neither ot Dersonsges is mentioned in the new. treaiy. - All arrangements have teen made to send the-treaty l6 the Senate this after- Boon. Ht will be accompanied by a mes- sagefrom the President. CONTEST, OVER RATIFICATION. It is UnderstoodThat There Will Be a Stubboru One. Muah interest was manifested in the. Senate today over the announcement that the Hawaiian annexation treaty had been signed and would be received by the Sen- ate today. Already the forces on the two sides of the question ard preparing for the contest over ratification, which ft is well understood will be stubbornly waged from the beginning. The friends of. the treaty now say that there will be a decided effort to secure ratification during the present session of the Senate, and some of them go so far as to say that it will not even wait upon the tariff bill, but that ratifica- tion will be urged instead of action upon the existing reciprocity treaty. They real- ize, however, that the opposition will bp so strong as to render this program doubt- ful of executicn. Z Senator Kyle, who is one of the most zealgus of the senatorial advocates of an- nexation, said today that a canvass of the Senate indicated that there were-55 votes certain for annexation. The Constitution Tequires a two-thirds vote for the ratifica- tion of treaties, making 60 nec to ratify. Senator Kyle says there ully” a dozen senators wie are oohesnin tea to draw. the five votes nece: ee ratification. -in their calculations the friends of the treaty count upon the solid support of the republican senators on acceunt of the fact that it will be an ad- ministration measure. They also expect to have all the populists, and are hopeful of having all the silver republicans-except; Pettigrew. They also count upon a fair sprinkling of democrats, but they expect to meet their principal ‘gpposition in the lemocratic party in the Senate. * ocmnere will be an effort to. secure the prompt report of the treaty from the com~ mittee on foreign relations, to which it will be referred. There appears no doubt that a large majority of the committee will be found favorable to the agreement. Of the eleven members of this committee eight, viz. Messrs. Davis, Frye, Cullom, Lodge, Clark, Foraker, Morgan and Turple, are said to be committed to the treaty’s support, both in commitiee and: inthe Senate. Senator White of California announced himself today as determined to oppose the ratification of the treaty, and expressed doubt as to a serious effort being made to secure ratification at the oresent ses- sion. He bases his objection largely on the ground of the small percentage of Americans in Hawaii, there, being. only about 3,000 out of a total population of 109,000. ‘He thinks it very doubtful whether the treaty can secure the necessary’ two- thirds vote to assure-ratification. It is the purpose of the supporters of the treaty to introduce a joint resolution either in the Senate or the House at an early day providing for annexation, They cepsider the treaty method the preferable way of proceeding, but say that as they are not confined to_this meihod they will avail themselves of the alternative if necessary. The resolution would require erly a majority vote, and they express no Goubt that this vote could be secured in beth hotses. The protest of Japan against the treaty of annexation was discussed among sena- tors today and the-impression was that the result would be to make votes for the treaty and make: its ‘ratification’ pos- sible at this session of Congress. Some senators who talk favorably of annexation say that they would prefer to defer action until next December, wher more - time could te given to..the consideration of the treaty and the Senate be better informed as to the best policy, to. pursue. 3 Senator Perkins of Califernia, aithough @ republican, annources that he. will op- pose the considcraticn of the ty at the present session. He says the. qyestjons In- yolved are of too general importance for hasty disposal. seo The evidence of hostility to immediate cersideration is‘ tecoming quite apparent from several directions. Representative Hitt believes- that the treaty can be approved at this session of Cor gress. =e 2 TAKEN TO THE WHITE HOUSE. The President Looks Over the An- nexation Treaty. Judge Day, assistant secretary of state, went to the White House this mornmg with a copy of the Hawaiian treaty, sign- ed by Secretary Sherman and the represen- tatives of the Hawallan government. The President went over it. The letter of transmittal accompanying the treaty to the Senate was written yésterday aiter- roon by the President, a few corrections being made this morning. Of course, the contents of the treaty were known before- hand to the President, that having .been fully discussed for weeks befcre the -Pres- ident authorized the- drawing -up of the treaty. 2 Senator Proctor, Who was one of the White House callers, said to a Star report- er he thought the treaty would @ referred to the foreign. relations committez, and would be acted on before the adjournment of Congress. ‘Senator Cullom was of the same opinion. The aéverse vpinion was represented by.Senators Wilson and Per- kins. Senator Wilson thought Congress would be too tired t6 handle the treaty by the time it finished with the tariff. _Sena- tor Perkins said the treaty would not go through at this session. Among some of the men who are In no hurry in pushing the tréaty it is said that the signing of the treaty is sufficient for all purposes at this time.dt-1s a ‘notifica- tion to Japan and to all other countries to keep their hands oft-Hawail;and not to at- tempt anything from now on. From two or three-senators who wish to keep in the background a new suggestion was made. This~ suggestion comes from senators who are strong in their, desire to see the Cuban question first’ settled. They intimate that they will keep Hawaii in the background “until Cuba is acted on by both branches of Congress and the-chief executive. One senator who was at the White House this morning conveyed this idea in unmistakable terms to a Star re- porter. He said that-both countries ought to. be taken under the -protecting arm of this country and Cuba kad the first call, all human reasons dictating that Cuba should not be sidetracked. ~" ~ ‘The talk of the senator—a strong republi- can—indicates the pessibMity of the forma- tion of a combine which will force action on Cuba, to be followed by the adoption of the Hawaiian treaty. . THINKS IT INTERESTING. Hawaiian Envoy S. M. Damon. Talks of Annexation Treaty. LONDON, June 16—The Hawalian en- voys to the queen's jubilee, Messrs. S. M. Damon and Jaukeau, have returned here from Paris. The representative of the As- sociated Press this afternoon showed them 2 cable message from Washington an- nouncing that the Hawaiian annexation treaty was signed there this morning by Secretary Sherman for the United States, and Messrs. Hatch, Thurston and Kinney for Hawail. Damon read the message without exhibit- ing any surprise, and then remarked that it_was very interesting. Mr. Damon also read the draft of the treaty published this morning in the Daily Chronicle of this city, and said the Chroni- cle must have obtained it from the State Department at Washington. Mr. Damon refused to discuss the treaty, ag % has not yet been passed upon by the ed States Senate. JAPAN’S ATTITUDE IS FRIENDLY. Count Ito Talks of the Prospective Annexation of Hawaii. PARIS, June 16.—Le Matin today pub- Ushes an interview with Count Ito of*Ja- pan, who is now in this city on his way to attend Queen Victoria’s jubilee celebra- tion, in which he says Japan never ‘had any idea of entering into a conflict with the United States as an outcome of the troubles between Japan and Hawalj, inci- dents, he added, which have been greati: exaggerated. ——— ee Large Consignment of Opium.~ SAN FRANCISCO, Cal., June 16.—The steamship City of Rio de Janeiro, which has arrived from the orient, brought an urtsually large consignment of prepared opium from Macao. There are over 900 cases of the drug, valued at about $2,000,- 000, and upon which the Guty amounts to —_——__ Sale of Kansas Central Postponed. LEAVENWORTH, Kan.. June 16—The sale of the Kansas Central railroad “and rolling stock, which was advertised to take Place here at noon today, has been post- Ppored by iy eS Chancery" Topeka, until 3. Dillon ‘of. LATE NEWS BY WIRE 0. B. Collins Stabbed and Robbed of $6,000 Near St. Louis. CLAIMS MARTIN ENSLEY. DID if Latter is Under Arrest, But Denies. the Accusation. ge SAYS HE WAS ALSO HELD UP ST. LOUIS, Mo., June 16—C. B. Collins, of Nashville, Tenn., who said he had but recently disposed of his hotel in that city, and had the proceeds ($6,000) on his person, was found badly wounded about midnight last night at Merrimac Highlands, fifteen miles from this city. -He was bleeding from several wounds and was so badly in- jured that he could not be moved. He tela the watchman of the inn néar where ‘he was found that he had been stabbed and robbed of the $6,000 by Martin Ensley, a, traveling man, whom he had met in Nash- ville. i Shortly before 3 o'clock Ensley was ar- rested while waiting fora car. He denied the robbery, and said a third person had held up both him and Collins. Ensley’s, vest was covered with blood, so the officers Say, and they found several hundred ‘dol- lars on his person. Ensley registered at the Southern Hotel as from Memphis. Ensley’s Father Was Prominent. Martin Ensley’s father was Col. Enoch. Ensley, @ man of something more than na- tional fame, and regarded until his death, three or four years ago, as the richest in-; dividual in the south. Col. Ensley was a leading spirit in the development ofathe mineral resources of the south. He. was largely interested in the Tennessee Coal and Iron Company, established works. at Bessemer, Ala., helped to make Sheffield, Ala., a great mining place, founded several towns, one of which bears his name, owned Several big cotton plantations, and was an intimate friend of Andrew Carnegie, He had two children, Martin, whois almost thirty-two, and Lady, a year or two younger. For the latter he named the Lady Ensley mine, one of the largest in Ala- bama. Martin occupied a high position in the social circles of Memphis, Nashville, Bir- mingham and other southern cities during his father’s life. He was married to Betty Selden, daughter of M. L. Selden, a wealthy Memphis man. Miss Selden was regarded as the handsomest woman in the state. Estate Was Incumbered. When Col. Ensley died it developed that his estate was incumbered so heavily that it was doubtful if anything would be saved. About two years ago southern society was startled by the announcement that Martin Ensley’s wife was suing him for divorce on the ground of non-support. ‘Since the divorce Martin has divided his time be- tween Memphis, Nashville, Birmingham and other cities where his father had interests, ——— BUTLER FOUND GUILTY. His Defense Was That His Committed Suicide. SYDNEY, N.S. W., June 16.—The trial of Frank Butler, ciarged with the murder-of Capt Lee Weller, while the two men were on a gold prospecting trip, was concluded tcday, the jury rendering a verdict of guilty. Butler, azter the murder of Capt. Weller, esceped from Australia cn the ship Swan- hilda, but upon the arrival of that vessel at San Francisco hé-was arrested, after- ward bcing extradited: The plea of the defense at the trial just closed v.as that Capt. Weller commiftted sucide It is a:leged that the condemned man has in the course of his career,.taken: the lives in Australia of a numben of:other berscns, among them a, metallurgist named O. G. T. Presten.. It was. his practice to advertise for a prospecting partner, and, having found one with means, murder. him while in the bush. Butter attempted to cut his throat with a plece of tin early this-morning, but was seized before he did himself any serious injury. later he made the most violent resistance to his keepers while on the way to the court house. He fought with them like a Wild beast, and was: with difficulty subdued. —_> NTS SLICE OF KANSAS CITY. Vietim ws State of Kansas Claims Part of the Missouri City. KANSAS CITY, Mo., June 16.—It is said that the present populist administration of Kansas is about to make a fight to obtain possession of a haM-mile slice of the most valuable property now belonging to Kansas City, Mo. , The claim is based on an assertion that Kansas territory has been encroached upon to this extent since Missouri was laid out as a state, in 1820. ——— RESULTS AT ASCOT HEATH. Knight of the Thistle Wins Royal Hunt Cup. LONDON, June 16.—The Lorillard-Beres- ford stables’ three-year-old brown gelding Sandia won the Fern Hill stakes of twenty sovereigns each, with 300 sovereigns added, at the second day’s racing at Ascot Heath today. Leopold: de Rothschild’s Galinthia was second, and F. Alexander’s Mandorla, third. H. McCalmont'’s Knight of the Thistle won the race for the royal hunt cup, plate of the value of 500 sovereigns, with 1,500 sovereigns in specie added to a handicap Sweepstakes of 20 sovereigns eath. T. Horton's Victor Wild was second and A. Cohen's Green Lawn, third. Diakka, from the Lorillard-Beresford stables, was. among the nineteen starters in this race, and finished fourth. The course was seven furlongs and 168 yards. The betting before the start was 100 to 12 on Knight of the ‘Thistle, 100.to 8 on Victor Wild and 100 to 7 on Green Lawn. ‘The second year of the thirty-ninth Ascot stakes was won by Lord Allington’s colt Butler. ; ,,rhe race is of 10 sovereigns each, with 500 sovereigns added, for three-year-olds, Five horses ran. Leopold de Rothschild’s Goletta won the coronation stakes, value 2,000 sovereigns. Prince Soltykoff's Perce Neige was second and Lord Ellesmere’s third. Distance, on fifteen sande: e mile “and a eee a DOUGLASS TRIAL BEGINS. He Killed Editor James Williams at Ardmore, I. T, ARDMORE, I. T., June 16—The exam: ining trial of Clarence B. Douglass, for killing James .Williams, editor of the Chronicle, on June 7, has been taken up in court here. The trial will : which ar- rived today from Havana, was F. R. Winn: of who has been for some |. time. with the insurgent forces at Pinar. del Rio, in the west end of Cube. Winn troche, and a and man- officials, finally’ without, tional .Ayti-dabeb amd Lynch Law Associa- United States, to agitate public sentiment NAVAL .OFFICER ON TRIAL ~~ Ohangéd With Intoxication, x f The courSimat Mh gonvened for the trial of Commander Dennis, W. Mullan of the navy on charges;of drunkenness .met at the navy yard-st1 o'clock this afternoon. The detail for the court is as follows: Commodore Charles §. Norton, Captain JC. Watson, Captain Silas Terry, Captain Merrill Miller, Captain J. C, Higginson, Captain W. C. Wise and Captain P. F. Har- rington, with Lieutenant .Lauchheimer as judge advocate. ‘The building in ‘which courts-martial were formerly held was burned in the recent fire which did so much damage at the navy yard, and thé /ptesetit-court'is sitting tn the room 6f the éxaviinifig and retiring board. «.. Result of Recent Troubles. ‘The court-martial is the result of the re-: cent troubles at the Pensacola navy yard, of which Commander Mullan was in com- mand. A court of inquiry was held, which reported certain facts, as a result of which and at Commander Mullan’s request a gen- era: court-martial: was ordered.. Com- mander Mullan was represented by coun- sel, Messrs. ue K. McCammon and J. H. Hayden is city. ‘Atter he preliswsaries usual to the open- ing of a court-martial Lieutenant Lauch- heimer read the charges and specifications, which were. to the effect that Commodore Mullan was on seyeral occasions in 1806, and during the present year, under the tn- fluence of liquor at the Escambia Hotel in Pensacola and élsewheré, and was also un- der the influence of liquor while on duty, notably at the time when: he was being formally relieved :of the command of the Pensacgla yard. “ When the defendant was called upon to plead, his coungel moved that one of the Specifications under the first charge be stricken out, on the ground that it was not. sufficiently certain as to the matter of time. r The Metion Prevails. After some argument by counsel the court was cleared, and: when the doors were re- opened the’ announcement was made that the specification had been stricken out. It alleged that between October 17, 1896, and March 4 he had been seen under the in- fluence of liquor by Capt. McMurray, U.S.A. Commander Mullan then pleaded. not guilty to the charges and the remaining specifications. The prosecution was begun, Ideut. Lauch- heimer reading extracts from the records of the court of inquiry held at Pensacola last March, with the understanding that the attorneys for the defense should have the opportunity to read, in turn, such portions of those records as they thought would have bearing upon their side of the case. ss — ’ COL, MILLS SELECTED. Will Be Nominated Today to Be Brigadier General. Col. Ansqa Mijis, 3d Cavalry, who hes been on duty ab El Paso, Tex., for severat years in ‘éonrection with the Mexican boundary gfrvej will be nominated today to be brigadier general of.the army. It ts understood .that he will be retired shortly. It is satd?thapthe nomination of a’ min- ister to Spin afso has been prepared, but all infornration 3s to the person selected is refused, © -4 ~ Col. Ansfn “Mills has had an eventful and honorable ¢hreer as a soldier. In the event of Mis firmation he will retire under the#crty“years* service ‘clause and Col. He @ Mettiam of the Ist Infantry will probabl be appointed to the vacancy. ae a ANTEMOB LAW -ASSOCIATION. @ne-incoyperated at Columbus, Ohio, to. Segure. Aeded Legislation. COLUMBUS; Ohio; june :16.—The Na- tion has been incorporated. The purposes of the organization are declared to be to discouragé mob. and‘ iynch law within the with a view to securing such legislation as will suppress: such practice by providing adequate punishment for violators. It is proposed to form branch associations all over the United States. — GEN. MILES IN LONDON. Pays an Official Visit to Ambassador John Hay. LONDON, June 16.—Gen. Nelson A. Miles, U. 8. A., and his afd-de-camp, Cap- tain Maus, and Rear Admiral J. N. Miller, U. 8. N.,-paid offictal visits today, in full uniform, to the United States ambassador, €olonel John Hay, who ‘returned ‘their visits at the tesidence on Carlton House Terrace of the special‘envoy of the United States to the queen's jubilee, Whitelaw Reid. S ‘Fourth-Clans Postmasters, Fourth-class postmasters have been ap- pointed as follows: Maryland~Henderson, Nathan Clark, Virginia—OUle, Alleghany county, W. M Johnson; Philomont, Loudoun county, D. J. Tavenner: ; a Will Speak at the Monument. Assistant Secrétary Davis of the Interior Department Has accepted an invitation to speak at thé’Fourth of July services at the Washington ‘monument. Caroline county, 2 The District Printing. At a special meeting of Columbia Typo- graphical Union, held yesterday afternoon, resolutions were adopted protesting against the lettirg of the contract for the District printing, which is to be awarded in e féw days, to parties.outside the District, and indorsing the arguments of The Evening Star in laying the subject before the pub- le. Messrs., Oyster, Blake, Kehoe, Ken- nedy and. Robinson were appointed a com- mittee to confer with the District Commis- gicrers on thecsubject. ——_.—_ Dogs’ Lest and Stolen: During the’ it tew days the police have been asked ‘to find several lost dogs and recover “several .others that~ were ‘stolen. A few days ago°a dog belonging to Judge Harlan was reported lost, and turned up at the pound. Yesterday afternoon the de- tectives wWere‘@sked to recover a French Poodle, PRonerty, of Secretary Alger, which tolen from the Secretary's House, NG! 1602'K street northwest. ‘Want ¢¢ Be Bandmaster. “'Fhree* applicistions for: the: leadership of the MarifieBhnd were received at the ‘Navy Departaiént this mo. » including, it is. undesstoed, one from. Fes eee man of the Naval Academy Band. 99 7—es ‘Will 6f Francis Lusby. The wif of she Inte Francis W. Lusby, dated Noyember 5, 1805, and naming Regi- doubt whether, even admitting the ques: ‘paper men, bringing to punishment crim- sisted Mr. Baker, and he contended that we or degradation would have re- led to Mr. Shriver | question. FINANCE AND TRADE Realizing Sales Sent Prices Off on Wall Street Today, _. GREAT ACTIVITY IN SUGAR STOCK had he answered the “It was the answering, not the answer, which Mr. Shriver contended would have d or degraded him,” remarked “Precisely so,” replied Mr. Baker, “and therefore he had no justification for his refusal to answer.” In concluding his argument Mr. Baker ex- plained that District Attorney Davis, who has an engagement at the Maryland Aagri- “cultural College this afternoon, where the district attorney will tell the students what he knows about farming, will conclude the government’s answer to the motion for a verdict of not guilty tomorrow morning, to which time Mr. Baker asked that the case be adjourned. Judge Bradley’s Query. Judge Bradley granted the request for an adjournment, but before doing so he in- formed Mr. Baker that he desired an opin- jon from the government's counsel as to whetber or not Mr. Shriver, no summons having been served upon him requiring him to appear before the committes, can be held to have been guilty of contempt. ‘The. court referred to the fact that Mr. Shriver voluntarily appeared before the corumittee for the purpose of testifying, and remarked that in such an instance the witness cannot be guilty of violating the law when he refuses to ansi . “That 18,"" said the judge, “does the stat- ute refer to any person who testifies be- fore such a committee, or to any person who has been duly summoned? Is it not absolutely essential, Mr. Baker, in order to make a witness amenable to first prop- erly serve him with a sul is Mr. Baker replied that it is not, holding that when a person appears before a com- mittee, voluntarily or through the require- ments of subpoena, that person at once be- comes a witness in the contemplation of the statute. Counsel for the defense, of course, took the opposite position, and the trial went over, with the understanding that the question suggested by the court will be elaborately argued by District Attorney Davis and Mr. Wilson tomorrow. —_—>—__ JUDGE GARY NOT ASSIGNED. Justice Magruder Protests Against What He Considers a Slight. SPRINGFIELD, Il, June 16.—An un- usual tncident occurred in the supreme court when appellate judges were assigned. Judge Gary, famous for having presided at the anarchist trials, was not assigned. Justice Magruder protested in the follow- ing strong language: “The distinguished services of Mr. Jus- tice Gary for nearly thirty-four years de- served a more fitting recognition. Wher- ever modern civilization has extended its light ‘and its blessing his name stands as a synonym for law and order. With his life in his hand he has stayed and sup- pressed the onsets of lawlessness and dis- order, and I enter my solemn protest against the slight thus put upon this just and fearless judge.” Chief Justice Phillips in his reply said: “With the. fullest recognition of these quali- ties the majority of this court reserved to itself. the right, and discharged the duty of selecting other judges for that place equal- ‘ly learved, industrious and able, who can and will with equal earnestness and as high sense of justice discharge these du- ARGUEFORACQUITTAL Mr, Shriver’s Counsel Prosent Reasons in-Bapport of Motion. ‘JUDGE .DIPFENBOEFER'S ADDRESS Decision in the Searles Case Quoted by the Attorney. Big Volume of Business in Thie Stock at Better Prices. THE JURY Was EXCUSED GENERAL MARKET REPORTS When the trial of Mr. John 8. Shriver, the Washington representative of the New York Mail and Express, was adjourned by Judge Bradley in Criminal Court No. 1 yesterday afternoon ex-Judge A. J. Ditten- hoefer of New York, who is associated with Mr. Jere M, Wilson of this city as counsel for Mr. Shriver, had not concluded his argument in support of the motion for &- verdict. of not guilty. This morning, after the court had excused the jury for the rest of.the day, informing it that the argument on the motion would con- tinue until evening, Mr. Dittenhoefer re- sumed his remarks. When the court adjourned yesterday afternoon Mr. Dittenhoefer had discussed four of the six grounds on which is based. the motion for-an acquittal. He dwelt at length upon the point that the article writ- ten by Mr. Shriver was not mentioned in the resolution of the Senate appointing the investigating committee, the article con- taining none of the allegations or charges falling within any of the four branches of the investigation authorized by the Senate. Therefore, submitted Mr. Dittenhoefer, the committee had in no aspect of the ‘case power to require a disclosure of Mr. Shriver’s informant. Question Not Pertinent. Another point urged by Mr. Dittenhoefer was that the question put to Mr. Shriver was not pertinent to the inquiry. Mr. Dit- tenhoefer also argued that Mr. Shriver was not directed nor required to answer the question, and in suppert of that position he quoted from Judge Bradley’s decision in the Searles case, where the judge held that Searles could not have been deemed in con- tempt of the Senate, for the purpose of contumacy proceedings, until after he had been brought before the bar of the Senate, and then persisted in his refusal to answer. But beyond all that, remarked Mr. Dit- tenhoefer, Mr. Shriver did not in fact re- fuse to answer the question put to him, and he called attention to the omission in’ the indictment of the defendant's state- ment that he merely deferred his answer, never absolutely refusing to answer. That. is, explained Mr. Dittenhoefer, Mr. Shriver orly declined “for the present” to answer. the question, and in that connection coun- sel referred to the omission of the com- mittee to require Mr. Shriver tp then and tbere respond. Therefore, he submitted, the defendant had the right to assume that the time he required in which to an- Special Dispatch to The Evening Siar, NEW YORK, June 16.—Opening prices this morning were generally steady around last n'ght’s closing parity. London sold a few stocks on balance during the opening hour, and subsequently lost interest in local securities. The volume of general business was no- ticeably reduced, traders taking advan- tage of this circumstance to sel moder- ately for both accounts. Fractional con- cessions were recorded in nearly all of the active issues, but no significant sellmg was reported. The transactions in American Sugar were large and, in the main, tended toward im- provement in price. Today's prices in the stock averaged a trifle higher than those of yesterday. This circumstance is particularly noteworthy when it is considered that the realizing sales ex-dividend were unusually large. Legislative action continues to supply the incentive to activity in this property, con- fidence in a further substantial advance being reflected on all sides. The railroad list recedes stubbornly. in the presence of an increased supply of stocks and nothing™ more serious than a trader's reaction is anticipated in this de- partment. The buying by commission houses re- flects the return of interests which in some instances have had no speculative commit- ments in two years. Banks report a little better inquiry for money for new enterprises, and the gen- eral tendency seems to point toward an active summer. While this improvement In underlying conditions is noted on all sides, the pro- gress toward a pert ent high level is ex- pected to have frequent interruptions. Until the p-ofits on previous transactions have assumed proportions equal to large enterprises, frequent periuds of profit-tak- ing must intervene. The poverty of the last two years, coupled with the trying experiences of that period, has inspired caution to an almost prohibitive degree. It follows from this fact that the money made in securities will be subjected to new and continuous risks, but the original capital, which survived the panics, will be withheld. The oczasional setbacks from these per- fectly rational causes will not, therefore, indicate an entire abandonment of the up- ward movement. The trading during the late afternoon was mainly confined to realizing sales. The Northern Pacific issues were weak during this period and fractional conces- sions prevailed throughout the list. in many instances the saieg were credited: to a few room traders, who operated svlely on the advantage offered by a decreased de- mand. The market, outside of a few special- ties, was more professional during the ss hour than at any time of recent late. = Washington advices were passed over as of little consequence, the passage of the teriff bil alone being regarded as a prob- able imyortant development at that center. The net result of the day’s trading was fracticrally unfavorable. x — TREVOSE FRANCES HUGHS GIVEN FOUR YEARS The Searles Decision. : Again Mr. Dittenhoefer referred to Judge Bradley’s decision in the Searles case, where the judge said he was very much in A Clever €oltored Thief Sentenced To- day. Frances Hughes, the young colored wo- man, who was convicted last week in Crim- inal Court No. 1 of picking the pocket of Mrs. Mario’ 'V. Power, in Lansburgh & Bro.’s, stare last April, and who was con- victed in the same court yesterday of steal- ing a sealskin coat from the Palais Royal last winter, was today sentenced by Chief Justice Bingham to four years in the New Jersey. state prison at hard labor, two years and six months in the ‘irst case and eigh- teen months in the second. The. court di- rected that the second sentence take effect upon ‘the expiration of the first. The woman is regarded by Detective Lacey, who worked up the cases against her, as an unusually clever pickpocket and sneak thief. She is the woman who, claim- ing that the: coat was given to her as a Christmas gift by a member -of the House of Representatives, refused to disciose his name, declining to reveal the name of her legislative admirer, even when threatened with punishment for contempt. ————_— Not Contemplated. There being a rumor about the city hall that Philip McEthone, recently convicted an@'fined for taking certain historical pa- pers from the- Congressional Library last winter, wolild be reindicted, it was stated at the office of District Attorney Davis this afternoon that no step toward a re-indict- ment of the young man is contemplated. tion to be pertinent, the witness could be in contempt and guilty of a misdemeanor until he had been advised that persistence In me refusal would subject him to punish- ment. After discussing briefly the fifth ground urged in support of the motion, that Mr. Shriver was not called upon to answer the question he is charged in the indictment with having refused to answer, he was merely asked, explained Mr. Dittenhoefer, ‘What have you to say?” That was not, he submitted, a direction to answer, nor specific enough to base an accusation of contempt on. The Sixth Ground. The greater part of Mr. Dittenhoefer's argument teday was devoted to the sixth ground, on which the motion for a verdict of not guflty ts based, that Mr. Shriver was’ privileged not to disclose the name of his informant. Mr. Dittenhoefer admitted at the outset that the application of the rule of priv- ileged communications to public journals and newspapers is not yet so well defined as it is in other branches of confidential disclosures, founded upon public policy, but he remarked that it is bound to come. In all his public experience, extending over many years, never had he been be- trayed by a newspaper man, he said. He a FINANCIAL AND COMMERCIAL. The following are the gan. the highest and the lowest and the closing prices of the New York stock market today, as reported by Corson & Macartney, members New York stock exchange. Correspondents, Messrs. Moore & Schiey, No. 80 Broadway. called attention to Mr. Shriver’s statement eam . C.M. & St. Paul, pfa to the committee that to answer would | Alleged Politician Charged With For- Chicago, EI. & B: = degrade and disgrace him in his profession ae Chics St. Paul, M.40 Consolidated Gas Del. Lack. & W Delaware & Hudson. Den. & Rio Grande, pfa. Erie....... General Electric. Louisville & Nashville. Metropolitan Traction. 3Mahattan Elevated and make him an outcast. He also refer- red to Mr. Shriver’s explanation that he had, in order to answer the question, un- successfully endeavored to obtain his inr formant’s consent to reveal his name. Freedom of the Press. Thomas Jefferson once said, remarked Mr. Dittenhoefer, that it is much better to have a free press without a free govern- ment than to have a free government without a free press. “We could,” interrupted Judge Bradley, “have no free government without a free press. In that Mr. Dittenhoefer acquiesced, and he proceeded to argue that a free press ‘only can be maintained by protecting it. Mr. Shriver, he explained, was and.is a weil-known newspaper man of the highest character,.and the information was given him by a, member of the House of Repre- sentatives. Mr. Dittenhoefer referred to the great and valuable assistance given daily to the public authorities by newspapers and news- This afternoon Detective Lacy arres:ed @ young colored man named Thomas H. Sembly and took him to poiice headquar- ters on suspicion of having passed a forg2d check for $70n Bernard Conruy, who keeps a saloon in South Washington. The check was drawn On the National Bank of Wash- ington and contained what purported to ve the signature of P. C. Garden, and made payable to George Ridgeway. Sembly..is.the man who was arrested several years ago and sentenced to the penitentiary for forging the name of Sen- ator Gorman to a check. He was released from the;penitentiary about a year ago. He saw Attorney Jones, his cotnsel, this afternoon, and the latter wili give bond for the appearance of his client. Sembly: ‘says he has been in the news- paper business. for some time, and it is stated that he has made democratic cam- paign speeches in Maryland. — They Were Married. Misg Katie Rupp and Mr. Jacob Wiener, beth of this city, were married this morn- ing by Judge Mills in. ihe private office of the judge of the Police Court. The ar- rangem:nts were that the wedding was to be performed by Judge Mills at his office or Louisiana avenue at 10 o'clock and the young couple celled there a’ t hour, bui firding that the judge was presiding in the Pclice Court they went to the private of- National Lead Go. National Lead Oo., pid. New Jersey Central. New York Central. Northern Pacific. = Northern Pacific, pfd..> Ont. & Western. inals and exposing crime and wrongdoing. That agency will be rendered useless if they can be compelled to disclose the sources of their information, and even the crane aan of justice will be interfered with. The Maryland legislature, remarked Mr. Dittenhoefer, a year or so ago recognized this right of newspaper men by enacting that they shall be so privileged. les—regular call—12 o'clock m.—Pneumatic Gua Cneciage 100 at 50 cents, 100 at 48 cents, 100 at 46 cents, 500 at 47 cents. M haler Lamoty; on Monotype, 10 at 11, 29 at 41, fice of the police judge. Judge Mills, who |5 at 124% PE eh et gt Meas was presiding at the time, left his scat on | Matus i a sowear Mund. Sa, Judge Bradley interrupted Mr. Ditten- | the bench and went to the office, where the | 1) "iii° Fund. gold 6s, 112 bid. Water hoefer to remark that the extension of the | two we-e miade one. rrency Ra bid. Water fam privilege is a matter not for the courts, but aaa fou : $ for legislatures, and he added that no Show Manager Young Dead. Miscellancoas Bonds Metropolitan, Ratiresd Se, peubaed tical want, & poeieee > te — iS a, ~ tow ha: ine askea, Metropolitan. iatlroad newsraper men. -eral manager of the Barnum-Bailey show, 05%, vid, 110 asked. a 62 bid, 79 asked. Certificate of Mr. Dittenhoefer admitted that no court | died last night at the Auditorium of ty- ==) Railroad 4 Ss, Columbia Railroad 6s, 111 bid. it'd dueetion for the gourta thet they [cers cog" Sooa ioe o oes eS < @ questior for the courts, it they 3 cat Possess sucht power, ard remarked that cia p haere ey ben ny some judge must be the pioneer in the | Furnished by W. B. Hibbs & Co., bankers eicerhenn ieee ‘Trast 5s, A. and U.. 100 bid. matter, and he suggested that Se SS eet Alas Washington Market Company’ ‘lat 3, “108 bid. ent court might and si ‘take | 5! exchange, correspo! Washington Company imp. such ‘a step, a step which will surely be | Ladenburg, Thalmann & Co.; New York. ‘Washington Market Company exten. Gs, 108 bid. taken before long. GRAIN. Then Mr. Dittenhoefer went on to argue tkat even if Mr. Shriver had given the committee the name of his informant it Second, 134 bid. Columbia, would have done no good, and he submit-. |- 125 bid, 130 asked. Capital,’ 118 bid.” West Had, ted that the question asked Mr. Shriver tie fe Devos nen National Safe — ee an improper one, when Deposit and Eeust, 118 bid Washington ‘Loan aud ndge remarked: ‘Trust, asked. American and “I cannot imagine any judicial investiga- iio bid! Ws tion where it could necessary for a newspaper man to disclose the name of scme one who had told him something.” To that remark of the court counsel for the defense most hearty approval, and they did not attempt to conceal the gratification thistle they lstened to a ‘8 Mr. concluded his argament: shortly before noon, and was followed by f i E 8