Evening Star Newspaper, October 7, 1897, Page 2

2 THE EVENING STAR, THURSDAY, OCTOBER 7, 1897-14 PAGES. 1 owner on the left side, the west le, never | contributed one-half of the street there, and only one-half of. the street remains, until it runs down to join the line of the new 16th street. The owners of the lots © along there, 59, 60, GI and 62, on both s can inclose all the way up to the line between this subdivision and the own- } er of the agriculturat land en the west of it. So that’ whén’ you'conshler what damage has been done to these lots by lessening their depth, you will consider how much their damage is lessened by the addition of that ground on the west of these lots— the lots on the east side to the remainders of the lots. With a Qualification. On 13th street the same rule applies with a qualification. There, I think, the own- ers of the lots on the west side of the street have the right to inclose one-half of that street, and the owners on the east side woul? have the same right, except that there are several lots there which are inside lots, which have no connection either with the new proposed highway or with any existing highwey, and they cannot be deprived of a right of way of the strect. So that the owners of lots 49, 50 and the lower part of 3%, it being divided, will hav a right of way over the street either to Kenesaw avenue or down to Columbia read. The owners on the east side of 15th street cannot shut it up because the inside own- ers, the owners of inside lots, must have a right of way to the public streets. With that qualification of the rule, the owners of lots have a right on streets abandoned to close them up. While I.am on the subject of abandon- ment. I might as well refer to another question. I was asked by counsel for ewn- ers of lots above Kenesaw avenue, 97 an 98, and along there, to instruct you that you can allow the damages that the own- ers of those lots suffer by reason of the abandonment of 16th street below Kenesaw avenue. Provisions of the Law. ‘The law does provide for damages for abandoning streets, but-the question ts what is a damage occasioned by the tak- ing of a street? Upon reflection and an examination of the autherities, I am of the opinion that the owner of a lot removed from an abandoned street is not in a legal sense damaged by abandoning the strect. He is not damaged specially by anything that the public generally would suffer from and all the parties around there. Of course, he loses the opportunity of passing over the lower part of 16th street equaliy with the owners of these lots above there. I do not think, therefore, that they are en- titled to any damages from abandon- ment of 16th street below Kenesaw ave- nue, but that that damage must be con- fined to the lots abutting on the street abandoned. That will be found sometimes to amount to very little and sometimes to perhaps more. So that, speaking again of these lots on the west side of 15th street, while you consider the advantege they may de- rive from the opening of 16th street and the damage that they may have suffered from the reduction in the depth of the lots, you are also to consider the benerit they derive from inclosing one-half of 15th ‘Street. Lots Excluded. Now, to proceed with the other questions: The jury are instructed that in con- sidering the award for the taking of land in this proceeding they shall exclude from deration the following lots as the plat submitted to them: Nos. 25, 128 on Columbia road 6D on 1th stree on Kenesaw avenue, these having been disposed of by a former ver- dict and judgment. “9. The jury are instructed that in ren- dering their award of damages arising from the abandonment of streets or parts of they will ex- from t consideration the follow- s shown on tke plat of the su itted to them part of streets as public highway: clude in question sub! Kenesaw avenue, these having been ed of by a former verdict and judg- Additions te Aggregate. “10. The jury are instructed that it will be their duty under the law to add to the ageregate of their awards for damages of all kinds the sum of $61,738.34, being the amount of awards for damages made by a previous jury in this case and confimed by the court. and to assess one-half of such gross sum upon those parcels of land in the District of Columbia, which in their cpinion will be benefited by the la’ opening and widening of the str vided for in this subdivision, upon each parcel so benefit r proportional part of said sum, according to the benefit which it will receive from such laying out, opening and widening, but in making such assessment for bene- fits, they shall, as to any tract, part of which shall have been taken for such high- | Ways, or part thereof, make due allowance | for the amount, if any, which shall have been deducted from the value of the part taken on account of the special benefit to the remainder of the parcel. “I will have to explain that a little further, and I will do so when I get through with the other matters. Requests of Property Owners. “There are some insiructions asked also on behalf of the property owners: “1. The jury is instructed that in those instances where the use of a part of any parcel or tract of land is sought to be con- demned in this proceeding, the jury in assessing damages therefor shall take inte consideration the benefit that the for which it is taken may be to th or owners of such tract or par hancing the value of the remainder. “I think that is very clearly understood. If you find that a lot, for instance, gets a front on a much larger street than it had before, a large wide avenue, you :may find that it is benefited by having the front on the new street, and you can assess that benefit in dollars and cents. “2. The benefits so to be taken into con- sideration are those and those only which the jury shall find are special and direct benefits to the part of the tract noi take, and are capable of present estimate and reasonable compensation, and are caus or will be caused, by the esiablisamen appropriation and throwing open to public travel of the proposed highways us de- scribed in the subdivision of Denison and Leighton given in evidence. “That is, in estimating special benefits on any one lot, you are instructed that: Benefits From Highways. General benefits that will or may ac- crue from the establishment cf said high- Ways to all the lands in the neighborhood, or to any other lands than the remainders of the tracts not taken, are not to be taken irto consideration by the jury in estimating said special benefit. Subjects for Consideration. “4. Contingent and speculative benefits and such as may in the future result from the actual construction, grading, paving, improving and completion of said high- ways are not to be taken into considera- tion by the jury. “3. Benefits that will-or may be caused by the establishment and condemnation of other parts or extensions of the proposed highways described in the map of tue | Denison and Leighton subdivision given in evidence, int> and through other subdivis- icns and into territory other than that in- cluded in the Denison and Leighton sub- ivision are not to be taken fnto considera- ion by the jury. “6. Benefits that will or may be caused by the establishment and appropriation of said highways in the removal of present doubt and uncertainty occasioned by the pendency of proceedings under the act of | Congress, as to the frontage and bounda- Fes of said lots, parts of which are sought to be condemned, and those that may or will be caused by the fact or possibility that by this proceeding or the establish- ment of said highways the boundaries of the said lots, parts of which are sought tu be cond-mned, will become fixed and cer tain, are not to be taken into consideration by the jury. = - A Principal Benefit. ‘ “You wilh remember one witness said that the principal benefit. that he saw to these lots was that the boundaries became certain. That alone is not sufficient. That simply removes the uncertainty. that 1s oc- casioned by the pendency of these proceed- ings. The benefits that you ‘are to consider are the benefits which will accrue to these lots from the acquisition of the new high- ways. which may be much. finer old highways, and which some lots did not have before at all. a “7. The jury are Instructed that if they shall find from the evidence, or from their own knowledge or observation of the premises, that in any instance where the use of a part of a lot is sought to be con- demned in this proceeding, the establish- ment, appropriation and opening of said highways will cause injury and damage to the part not taken, they must find .and award such sum as damages, independently of the damages awarded for the part taken, as will be a fair and reasonable compen- ation for the injury so caused. “You will first ascertain the value of the part actually taken. Then you are to de- termine whether the taking of that part is a benefit or an injury to the part left, and you will have separate columns for these different figures. Matter of Proportion.: “8. The jury are instructed that one-half of the amount ascertained to be due and awarded as damages for cach highway or reservation or part thereof condemned and established in this proceeding shall be charged upon all lands benefited py the laying out cf the proposed highways de- scribed in the plat or map. of Denison and Leighton’s subdivision given in evidence in this case. and shall assess against each Parcel which they shall find to be 30 ben- efited its proper proportional part of the whole of said one-half of said damages. “I will speak further about that. “9. All lards within the limits of the Dis- trict of Columbia which the jury shall find to be generally benefited by the establish- ment ard condemnation of the highways or proposed highways ‘lafd out on the said plat or map of the subdivision to which this proceedirg relates are subject to such assessment, and should be included there- in. and the jury should assess against each and every parcel of land in the District of Columbia which they shall find to be so benefited by the. establishment and con- demnation of said highways its prop-r pro- portional part of said one-half of sald dam- ages, due allowance being made in those irstances where a part only of. a Jet has been taken, for the amount which shall already have, been deducted from the value of the part taken on account of the benefit to the remainder of the tract. “That is on the same general subject. I will speak of general benefits presently. 0. The assessment so made agai:st the pieces or parcels of lands so found by the jury to be benefited by the establisnment and condemnation of said highways must be for a definite and specific sum of money in respect of each and every piece and parcel of land within the limits of the Dis- trict of Columbia which the jury sha!l find to be so benefited. Mr. MePherson’s Prayer. Mr. McPherson has submitted the fol- lowing prayer: “1. The jury should take into considera- tion in estimating the value of lands taken any and all prospective improvements that are certain or probable to occur or arise within the immediate future, as having been ordered and appropriated for, viz: a beneficial change of grade, thus making the grade of the street less and more de- sirabie, and also that will reduce the cut of abutting lots, etc.” ‘There are one or two others here: “In considering what benefits, if any, may result to the residue of a parcel of land, only part of which is taken, tHe jury are not to consider the benefits which may resuit to such owner 11 common with other owners of land. in the neighborhood, but only the special advantages and benefiis, if any, which the condemnation of the right of way would be to the residiie of said lot over and beyond the advantages and benefits that would result generally to the pubiic: nor are the jury to consider, in de- termining said special benefits, the open- ing. grading and improving of said high- ways, the same being too remote and un- certain. but they will consider only the present benefit, if any, which at once re- sults from the mere appropriation of said land for a highway by this proceeding, G its opening for use by the public. “Lots 108 and 109 have the fee to the middle of the street, but that does not give them access to the new highway, and they would have the right of access to it. They would have the right to that much of the fee of the street. They would have a right to go over the street. Market Values. “In fixing the value of the ground taken in this case for the purpose of permanent highway the jury may consider what ef- fect, if any, the passage of the highway act, under which this proceeding is had, has had upon the market value of the property in said subdivision; and if they find from the evidence that the passage of said act, and the subsequent proceedings had thereunder, have temporarily lessened the market price or value of said ground, or rendered it less salable, such depres- sion of value, if the jury should find it to exist, should not influence the verdict of the jury in ascertaining the value of the ground, but their verdict should be for the fair market value of the ground, without regard to the temporary effect, if any, of the passage of said act and proceedings thereunder upon the value of the ground in said subdivision.” That is simply common sense. If the mere passage of this act and the uncer- tainty caused by it should create a tempo- rary depresston in the value of that ground, that is not to be considered a fair value of the ground. It is what the value would be if the proceeding did not exist at all. Some of these prayers that I have re- fused I will tack together with the others, but I have drawn a pencil mark across them, and you.will understand that they are not to be considered. Summing Up. To sum up: You have got to ascertain the value of the ground which is actually taken for the streets. In the next place, you are to ascertain the damage, if any, to the remaining part of the lot which is only partially taken, and allow that. You will have a separate column for damages and a separate column for benefits. “I think the simplest way would be, if you find a lot is benefited in some respects, but is more damaged in other respecis, you will enter in the damage column the dif- ference between those two amounts. “On the other hand, if you find that there is a damage in“ some respects, but more benefit in other respects, you will ascer- tain the difference and put that in the column of benefits. In considering the damage you will also consider what dam- age has been occasioned by the abandon- ment of the streets. That is one of the elements of damage whieh you are’to find. “Ten you will have a colunin giving the gross amount. You will find the gross amount of damage and compensation for land, and really that willbe; in’ a general sense, the damage that wili be occasioned by taking the property. Most Troublesyme Question. “But the mest troublesome question will remains. When you ‘have added up the whole amount to be allowed, irrespective of the benefits, suppose you find that the value of the land taken and the damages done together amount, to, $200,000, we will say, just by way of illustration. You will civide that into two parts. One part of that is to be paid by the District of Co- lumbia out of the: public treasury. It is to be paid partly by the benefits, and the rest in cash. The other part is to be assessed upon all land which ts benefited generally— not special. benefit to a particular lot—but benefited generally by having this, high- way constructed, having this new street opened. ee “The law requires, positively and arbitra- rily, that one-half 9f that amount, $100,000, shall be assessed by you upon all the jand benefited by the taking and opening of these highways in this subdivision. “If you are satisfied that no land t& tene- fited ‘at all outside of the subdivision, but that all the land in the subdivision Is gea- erally benétited, it is your duty to assess the whole of that amount on’ that land, with this qualification: That if you, have acready charged oné lot“with benefits, you do not charge it double. You have gut that much from any special benefit which precedes the special benefit you have a!- ready charged. With that exception you will have to charge that whale $100,008 on the land in this subdivision. “Kf, on the other hand, you find that land outside of the subdivision is also benefited by the opening of these highways within a quarter of a mile or a half mile, as you choose, you will find what property is <o benefited, and the law requires you to as- $100,600. sess upon the whole of that Must Have Farther Evidence. “I do not see how you can get along with- out further evidence before you can reach @ result; but you can make up your minds now, upon looking at the map and’ the land around the subdivision; whether any and what lands around there outside the would really be ited by and then further information es to lots and parts of lots against which. -bdenefits are. to be charged; and even then you will find tt will be provisional, because the Gwners of those lots will have to have notice and have an opportunity to be heard before you as to the proper amount to be charged against them, respectively. « “At present ail I can say is that you sbould make up your minds upon examin- ing the map how much land, if any, out- side of this subdivision is benefited by this improvement, and designate that in your verdict. If you know the property, you can assess so much of that benefit on it as you wish. If you do not know the property by lots and squares and parts of lots, you can report that fact and receive further testi- mony upon that point.” A Legislative Declaration. Referring to instructions proposed by Mr. Nathaniel Wilson, Judge Cox said: “I do not know about these prayers. I undcr- stand the act of Congress to be a legisla- tive declaration that there will be some benefits by these improvements. Mr. Wil- son wants me to say to you, gentlemen, that if you find no property to be benefited, you say so. But if you do say so, you will be flying in the face of providence and contradicting what this act declares. At the same time, if you can in your con- science say that nothing t# benctited, you may do so.” Mr. Nachaniel Wilson: ‘That ix not the vital point. The vital question is this. As- suming that Congress has declared that one-half of the value of this property is a benefit, and amounts, as your honor says, to $100,000, yet the law expressly, in terms, imposes the duty upon the jury of assess- ing that $100,000. on the property which they find benefited in proportion to the benefit that they find.” Property Benefited. . The Court: “But Congress declares that seme property will be benefited—that ‘it shall be assessed upon the property beae- fited.’” Mr. Nathaniel Wilson—“That may be: but what I desire to have your honor rule upon is merely this, that when they come to consicer the amount in dollars and cents that they are to charge on euch piece of Property, it is inevitable that they must find that that property is benefited, or,they carnot make their assessments under their oaths and according to the requirements of the law.” ‘The court—“They have got to make the assessment cn property which Congress declares is benefited. Congress declares some property is benefited by it, and it must be assessed on that." Mr. Nathaniel Wilson- legislation could make 2 jury cr any one elsé do what is impracticable; and if the jury find that they cannot make the assessment upon the particular. lots that are benefited. finally— this question is postponed, I believe, ac- cording to your honor’s charge-—but finally, sooner or later, there will come the mo- ment when they have got to make an as- sessment in dollars and cents, and that kas got to bear some proportion to the property involved.” Prayers Refused. The court—“T will mark those prayers re- fused.” Mr. Nathaniel Wilson—“I note an excep- tion. As I understand, the whole ques- tion of the assessment of benefits is now Postponed, and the jury is required to do nothing but ta determine the area within which these benefits shall be assessed.” The court—“The final assessment {s post- poned. If they can make a provisional assessment with the evidence before them they should do so.” PNEUMATIC MAIL TUBES OPEN. First Carrier Sent Out to Be Kept as Souvenir. NEW YORK, October 7.—The formal cpening of the pneumatic mail tube ser- vice in this city took place today. The tube runs between the general post office and the produce exchange sub-station. Other tubes will be started soon to Brook- lyn and the sub-station at 44th street and Lexingten avenue. ———— NEEDS OF THE NAVY. Recommendations That Will Be Made by Secretary Long. In addition to asking Congress to appro- priate $75,000 for the establishment of a powder factory, Secretary Long will submit an estimate of $1,500,000 for the purchase of ammunition for the use of the navy during the next fiscal year. Of this amount: it is represented that about $1,000,000 ia needed to equip the vessels now in com- mission and the remainder for the purchase of a reserve supply of powder. It is said that he will also suggest the appropriation of about $4,000,000 for the completion of the battle ships Kearsarge and Kentucky, and that he will strongly indorse the recommendation of Capt. O'Neill, chief of the bureau of navigation, for an appropriation of $500,000 for the pur- chase of guns for the auxiliary navy. The total estimates for the naval ‘service amount to about $8,000,000. THE HAWKINS THEFT. Return of the Money to Collector of Taxes Davis. The concluding chapter in the Hawkins sefe robbery case was written today, when Property Clerk Sylvester turned over to Collector Davis $8,355.80, the remainder of the $3,985.75 which Hawkins carried away with him on the night of August 31. It was an interesting closing to the ex- citing episode which only a few weeks ago threw the collector's office into ex- citement and stirred the police to action. “Come on, boys, if you would like to take a look at the money Hawkins stole,” said Collector Davis, in a cheery voice, as he led the way to a small desk in the rear of the office, where Cashier Chamberlain was detailed to do the counting. “That's the bill we were certain of,” said the collector, pointing to a well-worn one- dollar note of the series of 1862. It was an interesting bil!, and contained the picture of Salmen P. Chase, who was at that time Secretary of the Treasury. The clerks crowded about as the money was being counted, and visions of Hawk- ins rose among them. Auditor Petty was an interested specta- tor, and represented the District, noting the exact sum that was returned. Collect- or Davis will turn the money over to the treasury, and then go to Congress with a bill for reimbursement of the amount that was not recovered. There were in the bundle $1,700 in $100 bills; $350 in $50 bills; $3,600 in $20 bills; $2,250 in $10 bills; $460 in $ bills ard $176 in $1 bills. ——— ee COMMISSIONER EVANS’ ORDER. Searching the Reports of Examining Surgeoi Restricted. Commissioner of Pensions Evans has is- sued the following order: “Hereafter no attorney shall be permitted to examine the reports of examining sur- geons in any pension claim, except upon: the personal order of the commissioner or of one of the deputy commissioners of this bureau.” The object of this order is not to curtail the rights of the veterans, nor the legiti- mate privileges of attorneys, but to stop the growing custom of searching these re- ports to find material for working up new claims largely on the basis of ratings that have not been allowed. Army Notes. Col. Guy V. Henry has been relieved from further duty with the 3d Cavalry and or- dered to assume cummand of his new regi- ment, the 10th Cavairy. Lieut. Henry C. Cabell, 14th Infantry, has been ordered to duty with the National Guard of the state of Oregon, relieving Lieut. Col. James Jackson, 1st Cavalry. The leaves of absence granted Lieut. Geo. E. Houle, 3d Infantry; Capt. W. T. Dug- gan, 10th Infantry, and Lieut. Z. B. Vance, llth Infantry, have been extended one month. qo A New Substation. A substation of the city post office has been established by First Assistant Post- master General Heath at the corner of Werth Cap:tol and I streets, with Mr. Daniel |LATE NEWS BY WIRE Senor Saghsté Talks of Contents of Woutfard's Note. HE .WILL* MAKE ANSWER MADRID, Octéber 7.—It is semi-officially @nnounced today that Captain General Weyler will be recalled from Cuba this month, and that it ig probable the cortes will be dissolved in December, and a new pariiament convoked in March. A special to the Philadeiphia Press.from Madrid yesterday said: ‘To a long telegram Moret sent him Wey- ler has coolly answered, saying that as jong as:he remains in Cuba he will remain ready to serve this government with the same loyalty as under the previous govern- ment. Minister Dupuy de Lome will be recatled from Washington, not being persona grata to the present admifistration. The iew Spanish minister will almost surely be Mu- ruauga, who held the same post not long ago. The diplomatic representation in most foreign courts will be, changed. A Press representative cailed on Sagasta tonight. About Woodford’s note Sagasta said: “It is not an ultimatum, but simply @ note couched in very friendly terms and expressing great conaideration toward Spain, as is naturg! and logical if the good rejations that always have existed between beth countries are taken into account. “In the note the American government prays the Spanish cabinet to say before the 3lst of October, the date at which, according to the Spanish government's judgment, Spain will be able to consider the Cuban war as finished. “The note deciares that the purpose of the American government in asking Spain to make this declaration before the Amer- ican Congress meets is to enable the Unit- ed States government to report upon nego- tlatiors.”” Sagasta also said that Spain would give her answer before the 25th of October. He will have several conferences with the minister of state, and tney will agree about an answer and submit it to the cabinet council. Questioned about the probable tone of the answer, Sagasta said: “We will answer the American note in terms to suit ourelves, but always within the bounds of friendship.” FIENDS ASSAULT A: WOMAN Horrible Outrage Committed by Eleven Men Near Newport, Kentucky. av ood Six of the Hrutes Have Been Captarea and Identtited—Prospects of 12-21% 2 a Ly ing. CINCINNATI, Ohio, October 7.—An an- Sry»crowd gathered about the court house and jail in Newport, Ky., today upon tne announcement: ofa most shocking assault by eleven men upon the young wife of a switchman récently married. alate The sheriffiwas dbliged to clear the édr- ridors, and threats ‘of vengeance” wére made. Peete: ./Rhomas Gleason and his wife started out the Alexandria pike to, visit:a friend: Jast night when two men. with revolyers and representing ‘themeélv¢s to be officers, sep- arted: husban@ ahd' wife arid ragged the ae wortiant Into a field, where eleven men assaulted her. ‘The penalty for this crime in Keritueky ts death. ‘Today Mrs. Gleason has positively identi- fied'six of the men, who were ace from her description. Judge Helm will call a special grand jury to consider the case. eens OVERHEAD WIRES. An Investigation to Two Recently Erected. “Who is responsible for the erection of two overhead wires across D street near North Capitol street?” “Why were they allowed to be erected?” “Where were the police when it was being done?” These were the questions that set an in- vestigation going yesterday concerning two everhead electric wires that had suddenly made their appearance on D street near North Capitol street. The inspector of electric lighting had seen them, and he immediately reported the matter to tngi- neer Commissioner Black, and then began an investigation. First of all, he found they were crected contrary to law, and then recommended the Potomac Electric Power Company be noti- fied to remove them within, twenty-four hours. This was done, and that company was given a peremptory order to remove the wires, the Commissioners adding: “These wires are used by you to supply current indirectly, to said premises through the underground connection recently made by you between your conduit, on C street and the passenger station of the Baltimore and Ohio railroad.”” President Crosby of thé pany in reply satdy m “Answering your, favor of October 5, 1 beg to state that the wire to which you refer is not the property of this company. I inclose copy of letter<authority for its use—as given by-the Baltimore and Ohio Railroad Company. It would be impossible for us to cut down this or any of the wires belonging to private parties with whom we may comriect, as it would bé a case of in- vasion of private property for us to do anything in the matter. As to the brewery, we supply no current to it,” Yesterday, Capt. Burr, who has direct charge of this matter, returned the paper to Inspettor Allen for pronipt report: as to whether the Engineer €ommissioner’s orders of October'5 with regard to the re- moval ofthe wirescreferred ‘to have been compiled with. -To°this: Inspector Allen re= plied this morning: 25 “Respectfully“returned ‘te»the Engineer Commissioner; ~with the report that the wires: mentioned within have -not-been re- ae: within, the twenty-four hours al- wed.” « 5 And now ithe ise ‘is gaing to be taken into ee 4s understood, for the owner of\tis@ illegal wires *will be: arrested for obstruttiag the streets. -: WO 5 ‘ “Pétomac ‘com- * 4 IBD ComPAny NOW SOLVENT,- : bi: tte. : | Order by. ciudge Cox ‘fer Catonsville Comstraction Company. Attorney J6lin “Bdout, as counsel for the Baltimore. snd..,Catonsville _ Construction Company, the company which was placed in the-hands of’receivers about a year ago, at a time -wifbrPwas engaged tn the con- structtén of the Columbia’ dnd’ Maryland .Failroad between here and Baltimore, Md., today set frdm Judge Cox at order de- claring the compeny..to be solvent. COYRT,OF APPEALS. Goldie Frout Cate dna Others Decided iv. The Court of “Appeals today the Suidgment of the court below in {fle case of Robert M. Frost against Blizabeth K. Fleck, in which case Judge Cole refused to ‘Mrs. Goldie Marie Frost, Fleck —~ WILL TALK ONE WEEK HNANCE- AND TRADE DR. HAYES HELD Appalling Intention of the Attorneys in the Luetgert Trial, Field Day for Prosecution—Positive Case ef Defense. CHICAGO, October 7.—So far as the evi- dence is’ concerned, the famous Luetgert trial is nearing its close. It is expected that the rebuttal evidence of the prosecu- tion will all be in by tomorrow night. Some rebuttal on the part of the defense will follow on Saturday and both sides are expected to rest their cases Saturday after- noon. Next week will be devoted to oratory. Assistant State's Attorney McEwen has announced that he will devote two days to Mary Siemmering and Dr. W. H. All- port, He has something warm bottled up for these two, Ex-Judge Vincent and At- torrey Phalen will address the jury for three days and State’s Attorney Deneen is expected to close the case Saturday of next week in a speech lasting the entire day. When court opened the impeaching pro- cess‘ ‘adopted by the prosecution was re- sumed. Police Officer Charles Griebenow was called to the witness stand to testify to certain dates of material events in the case in contradiction of witnesses for the defense. Fulbeck an Interesting Witness. Wm. Fualbeck, Luetgert’s former hostler, gave an interesting list of evidence with reference to Mary Siemmering. In fact, the testimony of Fulbeck was the opening wedge for a violent attack upon Luetgert’s pretty servant girl, for love of whom the prosecution asserts the sat maker killed his wife. Fulbeck said that he missed Mrs. Luetgert on May 1, but said nothing until May 3. “Then [ asked Mary Siem- mering where Mrs. Luetgert was?” said the witness. “What did she say?” inquired State’s At- torney Deneen. “She said Mrs. Luetgert was upstairs in bed,” responded the witness. “Are you sure she told you that on May ar “I am positive.” Attorney Phalen tried to get Fulbeck to change the date to a day in the latter part of April, but the witness was obdurate, and clung to his original statement. Mrs. Feld was in court today’ to contra-. dict the evidence of Mrs. Mary Charles relative to the rings worn by Mrs. Luet- gert. Mrs. Charles emphatically denied on the witness stand Tuesday that she had ever asked Mrs. Feld to say, if questioned, that the rings found in the vat were not the rings which had belonged to Mrs. Luet- gert. Today Mrs. Feld with equal em- lhasis declared that Mrs. Charles did re- Guest her to deny that she ever saw the Tings before. She said today the rings were those worn by Mrs. Luetgert. She was positive about tt. Grand Jurors to Testify. Judge Arthur H. Chetlain @fid ten mem- bers of the grand jury which indicted Luetgert have been summoned by the prosecution to impeach Mary Siemmering. When Mary was first arrested she was taken before Judge Chetlain on a writ of habeas corpus. In chambers the young woman made a statement to his honor and was released. It is said that she told Judge Chetlain certain things concerning her re- lations with Luetgert which she positive- ly denied on the witness stand. When before the grand jury, Miss Siem- mering was closely questioned with refer- ence to her associations with and noc- turnal visits to Luetgert in his sausage fac- tery, where he slept, and State’s Attorney Deneen says the young woman made ad- missions which she denied on the witness stand. Grand jurors who heard her testi- mony are to be called to tell the trial jury just what she did say. The prosecution was confident that’this evidence would im- peach the young woman and annul all ner evidence in Luetgert’s behalf. x Witnesses from Kenosha, Wis., were call- ed to the stand during the day to further impeach the witnesses for the defense who testified to having seen Mrs. Luetgert in the Wisconsin towns on May 3, 4 and 5. Swears at a Hypnotist. Luetgert was moved to deep profanity in the county jail today by the visit of a professional. hypnotist. Profanity poured fiom between the thick lips of the sausage maker something akin to. the tar-colored smoke of an overstrained river tug. The man of hypnotic science asked Lueigert’s permission to-hypnotize him. With a rich- ly flavored German oath, Luttgert ob- served, as he stood behind the bars: “If I was out there in the corridor I'd hypnotize you with one poke on the jaw; I'd put you to sleep good and plenty, you humbug.” A noticeable incident of the trial today was the striking similarity between a visit- or to the court room and Judge Tuthill. The visitor was Dr. J. C. Wright of Clear Lake, Iowa. Twins never bore more strik- ing facial resemblance than do these two men. ——__ TWO DEATHS, THREE NEW CASES. Yellow Fever Record at New Orleans at 10 O'Clock Today. NEW ORLEANS, October 7.—Reports be- gan to reach the board of health early this morte. of new cases and deaths, and by 10 o'Mock, two fatalities and three new cases had been reported. The new cases are from different por- tions of the city. Precautions have been taken at the barracks to prevent any spread of the fever within the grounds, which covers many acres. There was a fatal case there yesterday, but no new ones have appeared. There was a large crowd congregated this morning in the vicinity of 24 and Lau- rel streets, where a case died last night late, and where threats of violence were le. The motley gathering had gotten an idea that the board would require the corpse, that of a young woman, to be buried in an ordinary pine coffin. The board of health, however, gave orders to the contrary and no trouble occurred. The Surgeon General’s Bulletin. Surgeon General Wyman’s bulletin sum- marizing, the.“yéllow fever situation for yesterday. gtves the result-as follows: New Orleans, 46 new cases, 5 deaths; Scranton, 18 casos, no deaths; Edwards: 18 cases, one ¢ases, one death; Mobile, + ; Nitta Yutma, one case, one death; Ocean Springs, no cases, no deaths. ~~ —_— +, NEVER SO EFFICIENT. the Merchant Fleet of the United States. Commissioner of Navigation Chamber- lain has made his annual report to the Secretary. of the Treasury. A summary of the report shows a gratifying state of affairs in shipping. The total documented tonnage of the United States on June 30, 1897—4,769,020— ig the largest for twenty-one years, except 1803, when it was 4,825,071 tons. The !arg- est documented tonnage was 5,539,812, on June 30, 1861. Considering the speed and number of trips of steam vessels compared with sail- ing yessels, the merchant fleet of this coun- try has never before been so efficient as this yeax, The steam tonnage amounts to sull and Increase in Prioes Opened Higher on Wall Street | "8 % Tbe! SOON - FOLLOWED BY DULLNESS Little Prospect for Increased Ac- tivity Under Present Conditions. GENERAL MARKET REPORTS Special Dispatch to.The Evening Star. = NEW YORK, October 7.—Prices at the opening of today’s stock market refiected advances in almost every instance, Chi- cago Gas and St. Paul beizg the conspic- uous exceptions. An increase of over $500,000 in New York Central’s monthly earnings furnished the ineentive to the advance, the gains varying from \ to.1% per cent. The buying was not of the best, how- ever, and the volume of business was scarcely equal to the record of a half day last summer. This shrinkage in the daily sales rust indicate aa absence of demand and a decreased demand after two months’ activity must indicate an exhausted buying power or 4 disinclination to renew the obligations thrown off through liquidation. The market does. not decline materially, because business conditions are not in sympathy with such a course. The ad- vance is stayed, however, by reason of the fact that money @# gving into chaunels not wholly speculative, and stocks have gone to tne public at prives ‘too high for the pro- fessionals to repurc! The demand i jayed,and the short interest dally in process of extension will serve the purfvse of more unique develop- ments later in the year. The sale of £200,000 in American eagles by the Bank of England adds to the aggre- gate of prospective gold shipments and hastens the inevitable. movemeni of the coin in bulk. ‘The de money at interior points is falling off, and the reduction of the local reserve should bedess marked than hereio- fore. The money market is not therefore in immediate danger-of changes so radical as to make securities adjust their prices to the new interest rates. Congress and Supreme Court must be taken into constderatfon shortly, the latter especially. Factors which had no place in the summer’s movement are now being en- countered on all sides, and hesitancy is consequently becoming more and more marked. The Chicage Gas situation is one of the features overshadowing the present mac- ket. The buying of the independent com- penies at that center by eastern capitalists promises to revive the old animosities which at one time played such an impor- tant part in the caily transactions through- out the speculative list. The stock cf the combined companies opened. at ® decline of 1 5-8 per cent and sold off under renewed pressure 3% per cent additionally. There can be litile doubt that an effort to duplicate the New York and Brovklyn gas transaction is in progress in Chicago. Scarcely large city in the eas: or middle west but has attracte] in- vestments to its gas sccurities. it is not likely that competition ix con- templated in this instance any more than in others, where consolidation sooner or later became. the conspicuous in‘ention. This more or less wholesale absorption of gas companies by Standard Oil and allied interests is taking money out of the or- dinary speculative markets. All things point to a dull and profes- sional market, with traders’ rallies from time to time, and little of a more substan- tial rise. ‘ —__>___ FINANCIAL AND COMMERCIAL. The following are the opening, the high- est andthe lowest and’ the closing prices of the New York stock market today, as re- ported by Corson & Macartney, members New York stcck exchange. Correspondents, Messrs. Moore & Schley, No. 80 Broadway. ‘Open. High. Low. Close. American Spirits....... 12 12% 12 19% American Spirits, pfd... 30%; 30% 30% Busy American Sugar... . American Sugar, pfd.. american Tobacco. American Cotton Oil Atchison ......... Baltimore & Omo. Den. & Rio Grande, pfd fe pre General Zlectnc. Ilinois Central is eee ee Tenn. Cont & iron... 4 4 29% 2935 29% Union Pacific... 33: 233s BBS U.S. Leather, pi Sees Wabash, pid Ciera eg estern Union Tei. 0 Washington Stock Exchange. Sales—regular call—12 o'clock _m.—Metropolitan National Bank, 6 at 285. Capital Traction, 20 at 51; 20 at 51; 40 at 51; 5 at 51. Ws 23 at 47%; 11 at 47%: 25 at 48; 25 at 48; 25 48." ‘Americar Gra: , 40 at 9. Pneumai Gun Carriage, 100 at 51 cents. at 119%; 10-at 1194; 10 at 119%: 13 at AS call— Metropolitan Raliroad B Cer- tifieates, at 111. Bonds.—20-year fund trict of Colitnbia FZ Ss, 101% bid. 30-year fund @s, gold, 112 bid. Water stock 25,2901 Al2 bid.’ Water stock Za, 3.658, funding, currency, at te 111 fild, 113 ambed. ase bid. tan Matieed 125 asked. Mist ten Railroad A debtedness, 122 Metropolitan Ratlroad B Cer- tificate Indebtednéss, #10 bid, 111% asked. Belt Railroad Se, asked. Railroad 6s, 98. asked. Columbia Railroad 6s, 115 bid. Washington Gas ¢ A, ‘111 bid. Washinzton ‘ton Market Company Ist 3, 110 bid. Ws on Market Company imp. 63,'110 bid. W: on ‘Market ey, 110 bid. “ Masonic tion {National Bank —Bank 300 asked. ‘Metropolitan, 289 bid. ares Ms bia, 150 asked. “Waals Sat 11a 125, sad Bet asked. a ae ‘bid. - ee eee Stocks.. cn Gas, bid. 0: Comes Up in Police Court. The Controversy Retween the La Commander Mr. Gee. 8. Emery—Lively Hearing. Judge Kimball of the Police Court this afternoon held Dr. Joshua R. Hayes, a medical examiner in the pension office, for the action of the grand jury to answer a charge of criminal Uber preferred vy Mr. George 8. Emery, « clerk in the sixth au- ditor’s office, Treasury Department. The personal bonds of Dr. Hayes were xccept- ed to guarante his appearance when want- ed, Judge Kimball remarking as he took the action stated: “I disiike very much to have to rule in this manner in the case of a comrade, but being mereiy a commit- ting magistfate it is the only course left Open to ine.” “I court the fullest investigation,” re- marked Dr. Hayes. Both Dr. Hayes and Mr. Emery well known in local Grand Army of the Republic circles. Dr. Hayes was formerly commander and Mr. Emery was formerly quartermaster of Potomac Post, No. 18, Department of the Potomac, G. A. R. he arrest of Dr. Hayes on @ chargt of litel, the offending paper, ad- dressed to the Secretary of the Treasury, detailing that Mr. Emery had becn ex- pelied from Potomac Post for appropriat- ing to his own use the funds of fhe post, and would therefore not be eligible to mem- bership in any Grand Army post anywhere in the land. In view of the circumstances, it was stated, he was not open to appoint- ment to a position in the Treasury Depart- ment under the rule providing for the 1ein- statement of old roldiers. The case has attracted widespread attention. The proceedings in court this afternoon were vnusually brief. When called upon to plead by the clerk, Dr. Hayes said: “I wrote the letter, but am not guilty of the charge of libel Mr. Emery was placed on the stand. He testified that the communication to which exception has been taken reached him through the Secretary of the Treasury. He offered in evidence the original letter, which was reproduced in The Star Tucsday last, and declared that the statements con- tained therein were false, malicious and libelous. Addressing the court, Dr. Hayes explain- ed that what he had stated in the letter Were merely facts taken from the record of Potomac Post, when he was commander of the organization. The action of the post was properly set out in the letter. Assistant District Attorney Mullowny an- necunced that he could place on the stand witnesses to show that Mr. Emery had never beea led from the organization. “The matter then resolves itself into a technicality,” said Dr. Hayes. “He was dismissed by a resolution.” “That resolution was merely offered,” added Mr. Mullowry, “and was afterward expunged from the records.” “I did not know that the resolution had been expunged when I wrote the ietter,” next said Dr. Hayes. The proceedings in court were preceded ly an investigation in the office of the as- sistant district attorney, that consumed considerable time and was interesting and lively throughout. Mr. Mullowny made a strong effort to settle the matter out ‘of court, but was unsuccessful, he later stated to Judge Kimball. Personalities were freely indulged in by the pafties con- cerned, who mede no effort to mince words. A large number of the members of Poto- mac Post were present. The ay “tie” and “false” were frequently led into use. ao HUNTING A VALUABLE TRUNK. MeNef of St. Loui Loses One Worth $10,000. ST. LOUIS, Mo., October 7.—The police are searching for an expressman who is believed to have stolen a trunk containing $6,000 worth of diamonds and jewelry, $5.000 worth of negotiable paper and $1,000 In $20 gold pieces. It is the ‘property of Mrs. Mary McNeff, widow of a wealthy me! chant. Mrs. McNeff decided to visit with a friend in another part of the city, and had her trunk taken by an expressman, who went away and failed to show up at his destina- tion with it. are very Ss ISTOOK A HAT FOR As a Result Hugh Atkins Killed an Italian, NEW YORK, October 7.—Hugh Atkins of Tuckahoe, N. Y., today mistook a fur cap for a woodchuck, and. as a result, blew an Italian’s head to pieces. The dead man has not yet been identifiec. He was sitting behind a stone wall near Mount Vernon, where Atkins was gunning. His head, cov- ered by a Cark fur cap, just showed over the top of the wall. Atkins is under ar- rest on a charge of homicide. adele anion tg CROKER HAD TO GIVE IN. GAMB. Could Not Get His Man for District Attorney. NEW YORK, October 7.—At this after- noon’s meeting of the Tammany Hall ex- ecutive committee Richard Croker spoke for the nomination of Thomas F. Grady for district attorney. All the other leaders spoke in opposition, and Mr. Croker finally consented to its withdrawal. Asa Bird Gardiner was then substituted for Grady, and his name will be placed on the ticket. Robbed of Pocket Book. Charles N. Galloway, a young man,whose home is in Warrenton, Va., was here on a visit yesterday. Last night he went with a lady friend to the Grand Opera House, and when he got on a street car to return home with the lady he discovered that he had been robbed of his pocket book, which contained $25 in money and his return ticket to Warrenton. semen: Fourth-Class Postmasters. Fourth-class postmasters have been ap- pointed as follows: Maryland—Grifton, Montgomery county, Matthew G. Thomas. 5 Montgomery coun- ty, J. W. Snedegar; Sword’s Creek, Rus- sell county, Charles Debord. Baltimore Markets. BAL’ October 7.—Floar quiet, —tecelj and :nonth, ey 9 Win