The San Francisco Call. Newspaper, September 14, 1897, Page 3

LUNERING FOREBODING AT HAZELTON Fears for What Another| Day May Bring i Forth. ‘ ON THE BRINK OF A VOLCANO. Rampant Strikers at Eckley. ALARMING SITUATION AT THAT CAMP. Great Gathering at the Funeral of the Latimer Victims, but No | Disturbance. Ty | HAZLETON, Pa., Sept. 13—Hazleton | ivers to-nignt on the edge of a volcano. certainty is the keynote of the tion, and the town is sleeplessly awaiting the dawn of a day fraught with ‘unknown d fearful possibilities. writing troops are marchi ng on {GERM ON THE. SECOND DAY l,'l.\ | BACi LLI IN A HAVANA CASE. siu DR, JOHN GUITERAS, the Expert, and Yellow Fever Germs as They Appear Under the Micrescope. monstration, he arranged for a conference the mines of Cox Brothers at I *E1€¥, | {his morning with the Polish priests who which nestits ina valley about wighteen |, o jqoking affer the canse of the men. miles trom here. Teiegrams to! brizade | He impressed them with the necessity for headquarters late this evening indicated | preventing any show of a military char- an alarming condition there. The re-|acter, and said he would permit no uni- moteness of the situation will make diffi- | formed men to participats except those cult the securing of definite news {rom the scene before mo ning. Two hundred miners 3uck Moun- | tain, which is about thirteen miles from Yckley, went on strike this morning and d toward e Eckley mine. he serintendent of the kley ¢ lliery tel- ezray later ed General Gobin for troops, but in the day the request was with- the superintendent notifying the that the miners had stopped marching. At 4 o'cleck this afternoon General | Gobin received a dispatch stating that ese miners had again assembled, had marched on the Eckley mines and had forced e miners to t work. It was striking ted in this dispatch that the mi. < . s this dispatch that the miners | ™4 " matter of fact, there was little had been roughly handled. Mk ors arra _ lchange 1n the programme arranged Genersl Gobin has ordered the city | by the miners for 1o-day’s funeral r < of Philadelphia to go to the scene | services, There were twelve in all, but | of e disturbance. The start will be | two proceeded from a northward direc- shortly after midnight or else just | tion to the cemetery without regard to the daybreak. The troopers will ride | Other ten which united in an extensive | cortege. mount a distance of miles, 1g vill a to Eckley. Kckley is a nd lies in a valley, number of collieries there, been entertained for the tuation to-night in the Hazleton ct is one of unres All the collieries is district areapprehensive of danger. Requests have been pouring in to General Gobin from the various mines asking that iie send troops to the places in order to ntany possible outbrezk. The gzen- tates that he will not send troops to s an outbreak does occur. declines to give the names of se collieries, as all the men in them are il at work. The operators, however, are ppretensive of a strike, and want to be epared for any emergency. ; | was no disorder. representing religious societies. Bands of music, side arms, sticks and banners were also rrohibited. The priests promised that all this should be done, and the commander on the other hand agreed to Keep all troops away from the funerals. Somebody stole a march on the general, however, and sl'houzh he later revoked the’ clause excludi music, there were men in line weaning the uniform of the lialian army and others carrying drawn sabers. Six of the latter stood in front of the urch duri the ceremonies within. Learning of this the commander promptly dispatched a staff officer and a detail men to the cemetery, but when reached there the services were over and | the mourners had dispersed. The gen- from the clergymen. Eight of the bodies lay in the shop of Undertaker Bonin .at Haz-lton, where they were viewed by a great crowd for a coupl? of hours belore Lhe procession started. Mentime, the other two lines were climbing over the rugged mountain roads leading from Harwood. A crowd of fully 5000 jammed the streets in the immediate neighborhood, but there The platiorm originally intended for the street in front of the building had been erected before the altar and here the ten coffins were laid, while Father Austesanum, one of the Polish priests, cei-brated pontifical high mass. ln the meantime, a gang of miners in the cemetery were blastin - rock to make space for a large circular grave, in which all the bodies were interrcd. There wers brief services at the grave, and several of the clergymen made addr: , urging the miners 10 maintain order and to remain quietly at their homes, General Gobin keot his word, if the Two mine superintendents in thisim-| .. did not. During all the marches nediate vicinity have asked General | ;54 ceremonies there was not a sign of a Go to place guards around their | g5idier. ho This will be done. General | Tpere were two meetings of miners at G will not make public the names of | Lanmer to-day. One was made up of the superintendents who made the re- “Two actresses who are playing in a r here overneard a conversation on = main strect of Hazelton to-day to this | Italians and the other of Huns Troop Surgeon Frasier and f arrived on a special train to-n carload ot extra h for the trocp e troopers nt with a rses from Fhiladelphia ct. They were passing a groun of | 'The gravity of the situation is made ap- miners ar}'kl overneard one of them Te- | parent from the thorough anl rigorous rk: “I've gotthe material, but 1don't | manper in which tne commander is now how to mix the d—u stuff. 2 I did I would blow them up to-night.” | This information was sent to General Gobin, and ss he had already heard mut- | terings from other sources he decided to send guards to the houses of the two mine superintendents. The guards were not placed on duty until after dark. i To-day has been regarded as the turn- | ing point of the situation because of the | pronibition issued by General Gobin | against the proposed funeral demonstra- | tion. A compromise' was effected this | morning, however, and the day passed off without disturbance. In the meantime the Coxe collieries re being watched with'intense anxiety. It was known tnat the 2000 men employed t No. 7 had made a demand for a 10 per | cent increase, which was to be submitted to the operators to-day, with the alter- | native ot ‘*‘strike.” From 5000 to 7000 | men_ are emploved at all the collieries and as understood that such a move- | ment would bring them all c | Whether or mnot the proposition was mally submitied to-day cou!d not be ed be = nobody would talk. The lea men were all at work, but strike talk was rite and a big meeung at Stockton had | been scheduled for to-night. There was impression ttat nothing de- cisive would be resolved upon at least until to-morrow, which is payday. The Coxe men’s grievauce is that they areon a ower scale than that paid by any other company in the region, but the company siore 1cature does not enter into their a general Another late afternoon report was that | the employes of -Congressman Leisen- | ning’s upper Lehigh colliery will goout to- morrow on & sympaitetic strike. As an crease of 10 per cent wasgranted on Sat- ay to the McAdoo men they have ex- Jressed their intention 1o return 1o work | to-morrow, although they do notexpect to | remain in more than a day under the press- | ure that will be brought to bear by the | sirikers. Altogether an eventful day is in | prospect. s 7 =31 General Gobin this afternoon said “The rumor that marual law has been de- | ciared has been spread by some vicious | person. There is mariial law only so far as a state war exists, We are here | solely to assist the Sheriff in maintaining peace and order. Men can come and go as they please so long as they behave themseives. If there is the leestinirac- tion of the peace which the civic authori- ties are unable to handle, then we will render assistance, but such a condition ha: not yet arisen.”’ = The commander added that neitker Sheriff Martin nor any of the deputies would be arrested while the troops were | deputies. handling his men. The signal corps of the r giments have been stationed on hilitops about Hazle- ton :nd’ the surrounding hamlets where trouble is feare . To-mortow, unless the developments of the night necessizate a | change, General Gobin will send complete details to all surrounding points to re- main there in the event of trouble. At brigade headaquarters late to-night there was a feeling that a critical period | had been passed with the burial of the dead miners only to meet with a condi- tion to-morrow that may be even more | serious. As General Gobin explainad him- se!f to an Associated Press reporter: *To- | night's quiet is an unnatural quietness.”” Without doubt fears are entertaineli | that before the end of the week ths whole region may be on strike. Tne McAdoo men, who decided on Saturday to return to work to-morrow, held a meeting to- night that Iasted until a very late hour. Tue result cou'd not be iearned. In tnis city at midnight everything is quiet. Since the saloons opened this a.ternoon | there has been a little drinking, but only two arrests for drunkenness were made. gt s DEPUTIES CLUBBED BY WOMEN. Swmall Riot at Plum Cre Leaders Arrested. PITTSBURG, Pa., Sept. 13. mma Haas, the miners Joan d’Arc, and three other women were arrested for marching at Plum Creek this morning by Sheriffs’ The aitempt to make the ar- rests precipitated an incipient riot, in which the deputies fared badly. No one was seriously hurt, but scarcely a deputy 2 and Several | escaped a clubbing, and Superintendent | | de Armitc was cut on the hand. Two of the women arrested carried babies. The riot was the result of a carefully planned attempt to prevent the men at work at Plum Creck from entering the mines. There were twenty-five women and about fifty strikers concerned in it. Tle plan was to_have ihe women march in front with their babies, with the design of workins on the sentiments of the men | who would be going to work and to act as |a shield to the rest of the party. The | women were to crowd around each man as | he attempted to go into the mine, take his diiner-bucket from him and throw itinto the ditch. Apout daylight the party started out, beaded by Emma Haas. Those not bav- ing babies carried clubs, On the Murravsville road they encoun- tered a pos-e of deputes and were or dered back to the camp. No attention Lere. *“1 am under his authority,” he | was paid to the order, and the party tried said, “and if he 1s arrested 1 mus take | to force their wav turough the lines oi that authority from the deputies. Ii the;deputies. A scuffle followed, and Ernma deputies are arresied what resort will re- main?” 3 The first discord between the military and the strikers oceurred to-day, and Ge: eral Gob.n was angry about it. Following his order against the proposed funeral de- Haas and three other women, who were {1 the lead, were arrested. A scene of wild excitement ensuel. “he momenta deputy lmd hands on a woman he was surrounded by others waving clubs in the air and using them on the heads of the of | they | 1 said he would demand an expiunation | | deputies when the cpportunity offered. | Deputy Walker was severely clubbed and . C. de Armitt was cut in the hand. He s knite. The deputies finally got their prisoners into the company’s stabie and later brought them to this city, where they were lodged in jail. The names of the women are Emma Huas, Mrs, John Kosar, Mrs«. Frank Haas and Mrs. Eisener. Mrs. Kosar and Mrs. Eisener had their babies with them. After the removal of the pri-oners from Plum Creek the excitement subsided and the women and strikers returned to camp. | The reason more of the women were not arrested was that four or five deputies | were required to hold one of them and the force was rot large enough to take charge of the crowd. | ey “AN EXE FOR | 4N EYXY Social Democracy Meets and Dis the Hazleton Tragedy. CHICAGO, Tri., Sept. 13.—Meetings of the various branches of the newly organ- ized Social Democracy were ‘held last night to aiscuss the recent Hazleton {Pa.) tragedy, and some decidedly lurid lan- gunage was indulzed in by the speake: Resolutions were passed by Branch No. 2, which contained the following The blood of the idle and useless aristocracy is the most convenient medium for nourish- ing the tree of liberty. *-An eye for an eve and a tooth for a tooth.” For every miner killed and wounded & millionaire should treated in the same manner. The millionaire cluss 1s responsible for the slaughter of Sep- tember 10 and we regard the torch as the most successful weapon to wield against them. | Fitzgerald Murphy, president of | Branch No. 2, made a speech in whick he | said he miners should carry arms and | use them, too. The time bas come to | meet force with force. I should have told them to shoot to kill. I wou.d kill twenty millionaires to-day. Strong resolutions were also passed by | Branch No. 1 and some tiery speeches made. T. P. Quiun saia: *“1 will nct carry |a musket; I will carry a torch and a knife, and 1 will carry both as far as Ican.” Leroy M. Goodwin, V. Debs’ right- hand man, and a director of the national board of tie Sucial Democracy, in a speech said: “'I would attack property with the torch; I would destroy their fine palaces. | Let us rebel when men are shot down as | they were 1n Penusyivania.” Several indiznation meetings were held in the Polish quarter and resolutions passed condemning the shooting of the Hazleton miners, and appealing to the United States Government for protect:on. CUTS HER THROA 1 Wi1H A BUCKLE. An Attempt of a Beautiful Woman With a Sad History to Commit Suicide in Chicago. CHICAGO, IvrL., Sept. 13.—A beautiful woman, about 28 years of age, who from the litile she has' said, is believed to be- long to a wealthy and well-known family in 8an Francisco, is in the detention hos- | pital. The young woman, who gives the name of Millie MacDonald, attempted to end ber life at the Argyle flats, 9 Jacl | boulevard, early this morning by cutting her wrists and throat witk the sharp edge | of asilver buckle. Two orthree times betore she had declared it would be better if she was dead, and that she had disgraced her- self and her family and had nothing to live for. When the attempt was made the pro- | prietress called the watchman of the | building and together they bound up the | young woman’s wounds, and she was re- | moved to the deteniion hospital, where | Dr. Fortner pronounced her sufferins | from suicidal mania. She said her hus- | band a year azo attempted to kill her, | striking her on the hoad with a heavy |totle. Dr. Fortner believes this may i lLuve brought about her mental ailment, | There isa mystery surrcunding the iden- | | tity of the woman, which she has th | far refused to divulge. . At Argvle flats she was known both as | Millie McDonald and as Muiie Emmetr. | On two or three occasions she referred to ber family San Francisco as being wealthy, and spoke of her grandfather as | a colonel. She haif hinted at the story of her life when she said she had become in- tatuated with and married a sporting man two years ago. Since then she had been estranged trom her parents and other relatives, She is a weman of culture and finished education, speaking French and Spanish, and an accomplisbed musician on the piano and mandolin. How long she has been in Chicago or where she came from to Argyle flats no one seems to know. The woman is in a serious mental condition. Sue continually points to Lher wrist and cries: *‘See blood; see it drip.” S A Bringing Mutineera Hom-=. NEW YORK, N. Y., Sept. 13.—Captain | Carnan of the steamer Collridge, which arrived Sunday from Brazlan ports, | learned at Bahia, frora wuich port the | steamer sailed on August 25, that ihe ‘\ mutineers of the American sciooner Oiive Pecker would be sent home by the United States frigate Lancaster. The war vessel was on her way home from Montevideo and bad orders 1o cail at Bahia to take on board and convey to the United States the Olive Pecker's crew. he was attacked hy a woman with a | | i | neigtibornood, and took all | morning has been recei NINTH CASE OF YELLOW FEVER First Uptown Outbreak in the Crescent City. Four Deaths in Two Days at the Little Town of Barkley. Intense Excitementin Many Places. Surgeon Wasdin Down With the Plague. NEW ORLEANS, LA, Sept. 12—The announcement of the ninth case of yel- low fever in New Orleans, including the Gelpi death, was officially made by the Board of Health late this afternoon. It is probable that another case will be aaded to the list, exbausiing the serious susplcious cases now under investigation. The ninth case is Edward McGinty, a young man Lving immediately opposite a residence uptown where a child died from the fever that had been prévailing at Ocean Springs. McGinty had been a visitor to the family during their resi- dence on the Mississippi coust, and since their return to the city has been a con- stant visitor. Itistherefore believed that McGinty contracted the disease irom the sick child. Members of the Board of Health have been in close attendance upon the case and complet-d their diagnosis this after- noon. Assoon as they had done so the Board of Health took charge of the prem- ises, quarantined the inmates, made a liberal application of disinfectants in the necessary steps to prevent a spread of the disease. This is the first case reported uptown, all the other cases being in the lower section, and in this instance, as in all others, the orizin of tne case has been traced to Ocean Springs. | The suspicious case referred to above is that of a physician who has been in ai- tendance upon some of the patients at Qcean Springs. The announcement of one more case, and vrovably another, has made no | change in the state of the public mind. There is still an absence of excitement, and while there are occasional departures from the city, there :as been no general exodus. The Board of Health anticipates that there wiil be other sporadic cases, owing to the number of people who managed to reach New Orieans before the quarantine against Ocean Springs went into effect, but there is no lack of confidence on the part of the poard in its ability to restrict each sporadic case. Additional doctors of experience are be- ing added to tune staff of the Board ot Heaitnh in order that attention may be given to each residence in which a case of fever' has appeared. Entering infected houses the sanitary oflicers and physi- | cians wear speciaily prepared suits of clothes, These are thoroughly disin- fected and are worn av r_the regular gar- ments. Tne suits reach from neck to heel and are a complete covering. Helena, Ark., bas seta pace which all | river towns are likely to follow. To-day the Boara of Health of that city decided that no boat from south of Vicksburg should be allowed to land at that port or any-point within the quarantine lim:ts of five miles of the corporate limits of Helena. Monroe, which up to vesterday held aloof in spite of threats and refused to quarantine New Orleans, felt compelled to-day, ou receipt of intormation that | there are several cases of yellow rever in New Orleans, to declare a rigid quarantine | again-t this city, Atlanta promises to be the reruge of all people living in New Orleans and along the coast who desire to get away. Of the cities of the Sbuth in aanger of infection Atlanta is the only one tnat has refused to quarantine and that has in- vited ull refugees within her gates. The announcement at Biloxi to-day that a special tra:n over the Louisville and Nasbville will go to Atlanta to-morrow with delight by many or the coast, and it is probable that a large number on the coastgwill take advantage of the opportuniiy to get out of the infecieud 1ezion. Superintendent Dunn and Special Agent Leake of thé Illinois Central, and Hunter and Qainn, who left here on a special train jast week, went on a fruitless mis- sion. if yellow fever had not been de- clared to exist here their persunal visit to Mississippi towns beiween New Orieans and Memphis would have been attended with eood results, but vesterday’s bulletin of the Board of Health has undone all the work tbey had accomplished, and every town 1n Mississippi big enough to have an Alderman or & Health officer hasdeclared non-intercourse with the Crescent City. Dr. Carter of the Marine Hospital ser- vice, returned to Ocean Springs to-day from Barkley ana reported a serious condition there. Barkley is a little postoflice yii- Jage seven miles northeast of the deten- tion camp. Dr. Carter reports eight cases of yeilow fever at this point outof a population of twentv-five souls. There have been four deaths in ten days, the last occurring on Saturday night and other deaths are momentarily expected. The fever was imported trom Ocean Springs. The town ha~ been completely isolated aud puaras placed aronad it. JACKSON, Miss, Sevt. 13.—Excitement is at fever beat 1n tnis city 1o-day over the vellow fever scare, caused almost entirely by the presence of thirly cases of dengus fever at Edwards, twenty-five miles west of here Many are fleeing to the sar- rounding country. The wagon and rail- roads leading into town are being closely guarded. All public gatierings are pro- hibited. NATCHEZ, Miss., Sept. 13 —The yellow fever scare resuited in the calling of a large mass-meeting here to-night at which 500 voiunteer guards were called for en- rollment to protect the town. There is no sickness in the city and no tear of the fever except from importation. —_— S11UATION MOKE SERIOUS, Dispaiches to Surgeon-General Wyman From Experts. WASHINGTON, D. C, Sep!. 13 —To- day’s dispatches o Surgeon-General Wyman from physicians who are investi- gating the yellow fever in the South miake the sitvation more serious. Dr. Guiteras, tne Government expert, reporis a case of vellow fever at the city hospital at Mobile, Ala., also a saspected case, and udds that he apprehends a serious outbreak. At the same time Surgeon-General Carter fe e- graphs from Ocean Springs that four cases of yellow :ever exist at Barkley, that there have been eignt cuses known to be yellow fever and that two expo-ed physiciuns are at Vancleave and Scranton, practically under guard. The dispaich from Dr. Guiteras at Mobile is as foliows: Have found one case of vellow fever at the city hospital—a Norwegian, who has uot been out of the city; piobably tatal termination. There is also one suspicious case. Inppreherd a serions outbreak. Every facility hus been extended me here. GUITERAS, Surgeon Wasdin, who has been at Ocean Springs for some ime, was taken ill this morning. This information came from Surgeon Murray, who did not state the nature of the illness, but Dr. Wyman sup- poses it 1o be yellow fever. Surgeon Mur- ray bas engaged a nurse and will.care for him. George Wasdin has been actively | first que: engaged since the outbreak of vellow fever at Ocean Springs, and way present at the first autopsy at which tue conclusion was reached that the disease was yellow fever. A PARTIAL CTORY FOR RS, CRAVEN Continued from First Page. Fair, has the burden of proof in establish- ing a conspiracv. Judge Siack siia he would not comment dence nor upon the credibility of any of the witnesses, leaving these matters for the consideration of the jurors. The matter of experts was next reached, and Carvalho, Ames and Gumpel were referred to in this manner: The law of this State provides that evidence respecting the handwriling of & person may be given by comparison made by Wwitnesses or by the jury with writing admitted or treated ssgenuine by the parly against whom the evidence is offered, or proved to be genuine to the satistaction of the Judge. In order to make this comparisen with disputed writings o James G. Fair and of the defeudant a num- ber of writings of those persons were intro- duced in evidence as thir geauine handwrit- ings. For the purpose of proving that the dis- puted writings in the one case were forgeries plaintiffs and the intervenor called several witnesses ns experts on handwriting. These witnes es were permitted to express :heir opinions and to state their reasons therefor. You are to judge of the value ot tnis evidence as you are 1o judge of al! the other ev dence in (he case. The expression of an_opinion is not the statement of afact, and opinions, as said by our Supreme Court, “‘must be brought to the test of facts.” You yourse ves sre en- titled to make the comparisous of the disputed with the genuine writings. There was no presumption against the alidity of a deed, continued the court, because the parties stood in no fiduciary relation 10 each other, or because there was no consideration mentioned in the document. A lengthy summary of the rules of evidence followed. Concluding Judge Stack said: Did James G. Fair sign the two pencil deeds? This ix the first question to be answered b you. The deeds bear date the Sth day of Sep- iember, 1894. There is no evidence that auy one saw him sign his name to the deed-. The evidence of the defendant is to the effcct that the deeds were delivered to her by the hand of Fair ot her resideuce, No. 2007 California street, in_this city,on the 24th day ot Sep- tember, 1894, aiter he had finished writing the so-cal.ed’ “pencil will”” Evidence of the plaintiffs and the intervenor is to the «ffect that Fair was not at the defendant’s re-iderce on the 24th day of Scptember, 1894, nor in San Fraucisco, but at Sau Raisel; (hut the sig- natures to the deeds are ilorgeries; that the peucil will is n forgery, aud that the s--ca'led “republication letter” ot December 16, 1894, is a forgery. If, from this evidence of tne plaintifis, end of the interveror, and from ail othcr cviderce in the case, you are satisfied that James G.Fair did not sign ihe des then your answer to the first question must be No™”; bu: if the plaintiffs and intervenor have ot estavlished 10 your satisiaction by a reponderance of the evidence taat Fair aid zu the deeds, then you should answer the The next question is, were the deeds nc- knowledged vy James G. Fair on the 27th duy of September, 1394, before J. J. Cooney, a notary public? Witnes for the detendant varousiy swear that the deeds were so ac- knowledged; that Fair wasseen at Cooney’s offic: on that day, und that he was seen enter- ing on that day No. 11 Montgomery street, in which Cooney’s office was. Evidence of the plainuffs and the intervenor is that the deeds were not so acknowledged, because Fair was notat No. 11 Montgomery street on Sepiember 1894, and because the certificates ot nc- knowledgment affixed to the deeds were not printed prior to Junuary 8, 1896. nectiou 1 wish to call your attention to the law of this State, which provides that a cer- titicate of acknowledgment attuched 1o a co veyance of real estate furnishes prima faciz evidence of the exccution of the conveyaice, that is, evidence which suffices for the proof | of the execution, its signature and delivery by the grantor, until contradicted and over- come by other evidence. Tnis rule of the Jaw to be considered by you in deterining the first question. The law of this State also provides that it shall be presumed that official duty has been regulurly performed, and that a person is in- nocent of certain crime or wrong, but that these prcsumptions may be controverted by other ev.dence. It is necessary for the plain- uffs and tne intervenor to overcome these pre- sumptions and to establish by a preponderanc of evidence that the deeds were so scknowl- edged. It tney have doue this, then your an- swer to the second question should be **No,” but i they have iniied todo this your an- swer should be “Yes.” Let me here recail for your consideration the stutement of the de- jendant thut the deeds were reinrned to her anter saturday, December 22, 1894, the testi- mony of Willium Heunessey that ne received package irom Fair for the defendant in the lutter part of the moath of December, 1894, the testimony of Mrs. Purcelt and ot Mis Johuson that they saw the ceeds shortly be- lore Christmas, 1894, and the testimony of other witnesses wno say they saw the deeds with certificates of acknowledgment attachcs in 1895, and, on the otner hand, the tes:i- mony of the witnesses of the plaintifis und the 1utervenor that Fair was seized witn his mortal ilines< on the evening of sunday, De- mber 23, 1894. trom which he died on 'Fri- day, December 28, ‘The third and iast question for you to an- swer is: Was there a consviracy between the defendant, Elizabeth Haskins, James J. ments and alse evidence, the real propert described in the complalit in intervention The intervenor mus: have estabiished to your satisfaction by a prepouderance of evidence the existence of such coaspiracy in order to entitle her to your answer “Yes' to this ques- tion. ot the conspiracy then your answer mus: be “No.’ “A conspiracy is a combination of two or more persois by concerted actiol 1o ac- complish a criminal or uninwful purpose, or some purpose not in itselt criminal, by crimi- nal or unlawful means.” There must, then, “to consuitute a conspiracy, be a guilty com’ bination of Lo or more persons.” It was sala by an eminent Federal Judge, in this State, a few years ago, that *it is not necessary 10 Constitite & conspiracy, thut two or more persons should meet 1ozetner and eu- ter into un explicit or 1ormal agreement for an uniawful scneme, or that they should di- rectly or by words in writing, state woui that unlawful scheme was to be, and the details of the plan or means by wuich the unlawful combinution was to be made effective, It is sufficient if tWo 0T more persons in any man- ner, or through any contrivance, positively or tacitiy come 1o a mutual understanding (o ac- complish n common and unlswiul desizn.” In conclusion, the plaintffs and the inter- venor asks you lo answer the first and tne second guestions “No,” and the intervenor asks you to answer the third question *Yes; while the defendant asks you to answer ihe first_and second questions “'Yes)’ and the third question “No.” Your answers are to be agreea upon by nine or more of your number, and to be signed by your joreman 1o be se- lected by you. The issues are now with you. It was 15 minutes to 2 o’clock when the jury retired and elected lsaac S. Rosen- baum fo-eman and W. Z Tiffany secre- tary. Toey took with them to the jury- room the original copy of the pencil deed, the letter of republication of the so-called pencil will and various checks that James Fair had drawn in his hietime. Later in tne afterncon they called for copies of what is known as the Crocker yers begzan to prepare for a long siege. An hour later they calied for the trust will, aud it began to look as if they were going to prepare a treatise on Fair's peculiarities of chirography. As the hours slipped by the crowd thinned out. Six o’clock found both Judge, juries ana lawyers hungry and weary, and the court ordered a two-hour recess. The jurors were taken toa Mar- Ket-sireet restaurant, under the surveil- lance of a posse of De puty Sheriffs. Judge Slack, when he returned at 8 o'clock, found his ‘‘conscience” was still demanding more exhibits, and some pho- tographic copies of the pencil will were sent “mside.” A1 10 o’clock word was sent to the Judge that the jury would like to address him. The weary crowd which had been loiter- ing about the corridor for hours rushed pell-mell to the courtroom expecting that a verdict had been reached. Foreman Rosenbauni was the spokesman in answer to Judge Slack’s query: “Gentlemen, have vou reached a verdict?” “We have not,” he replied, “and I don't think we can. We are unable to agree. upon the weight or value of any of the evi- | and 1u Lhe olher euse they were genuine, the | In thiscon- | Cooney and others, for the purpose of procur- | ing for themselves by means of forged docu- | afshe has not established the existence | blank and the waiting spectators and law- | ‘We bave taken anumber of ballots and the sanie result has been obtained over and over again.” “Then 1 will have to send vou back again,” was the reply of Judge Slack. There was a look of evident pain on the faces of the jurymen. It was ptain they were tired of their job, and were very much disappointed at not being dis- chareed. “If you do,” replied Rosenbaum, ‘‘we will probably quieily lie down and go to sleep. 1 am sitisfied that we cannot agree. One side has been trying to con- vince the other all the afternoon, but in vain. Juror Tiffany spoke up to the same effect. So aid Jurors Wightman and Bur- lingame, but Judge Slack was inexorable. “This is a cuse,’ he said, ‘‘which has cost a great deal of time and money, and I cannot discharye you on this pretext. shall have tosend you back again, and ask you to tiy again to reach a verdict.”” The jury retired to return an hour later with the same taie of woe. Once again Foreman Rosenbaum said it is utterly im- possible to reach a verdict. “Have you made any progress?”’ quer- jed Judge Siack. “None whatever,” said Foreman Rosen- baum. *“We are of the same opinion. I am quite confident we can’t agree. We stand precisely as we stood before.’’ Juror Wightman was of the same opin- ion. "I am of the ovinion that there is nqdposaible chance for us 1o agree,” he said. ““And so am 1,”’ said Judee Slack. shall order you to be discharged.’”” It was the work of a moument for the clerk cof the court to pay the jurorsoff and release them. | Attorney Mitchell then threwa bomb- | shell into the Craven camp by a motion to | submit the cause to Judge Slack as a chancellor, Attorney Delmas did not like this pro- ceeding, and declared ho was exhausted, { and that the i our was too late entertain it. Mitchell pressed his advantage. He declared that the cuse tad now been tried, | and that the recora of the evidence was now belore the court. “I now call on tne chancellor for a de- cision in this case,’’ ne said, dramatically. Delmas pleaded for time. He declared that his side of the house had no time for consultation, and he <ucceeded in having the matter postponed until this morning. TRACING THE LOST HEIRESS | | { of Miss Rutherford Report- ed to Have Been Seen With Forger Morris. | i It Is Believed She Is Kept Un- der Restraint by the Fugitive. | Thousands of Dollars Spamt In a| Vain Search to Find the Missing Girl. CHICAGO, I1LL., Sept. 13.—Miss Fanny Rutherford, the Minneapolis heiress who | disappeared from her home in May last, | | is said to be in Chicago with J. A. Morris, | | County Jail in June, 189, and is wanted in St. Louis, Memphis, San Fraucisco and other cities. Miss Rutherford, who is the only child | of the late Captain George Rutherfore, oneof Minneapolis’ prominent pioneers, ruet Morris while traveling in the South last March. She left her home on May 6 | for the purpose of taking music lessons, but failed to return, and the police of the entire country have since been searching for her. After the gitl’s disappearance it was reported she had been seen in the company of a man who answered the | description of Morris. i | The couple were traced to Delavan Lake, Wi«., where the man had given tne name of Lootze, and said that his com- | panion was his wife and that they were enjoying their wedding trip, having been married a few days before. Several per- sons who had seen them told the detec- tives that the woman appeared to fear the man and followed Lim submissively wherever he went. From Delavan Lake the couple were | | traced to Chicago. Tue police learned that Morris and Miss Rutherford were seen together in the city three weeks ago, but there all trace of them ended, The ! girl had always expressea great affection for her mother, and those wno kiow her declare that she has either been done away with or is being kept under restraint by Morris. Mrs. Rutherford has spent several thousand dollars in the vain search. Morris made one attempt to get possas- | sion of the young woman’s property. In July a Minneapolis real estate agent who managed the property of the Rutherfords received a letter from a man ,who signed his name as Briggs. This was written from a Denver hotel and asked the real estate man for information about Miss Ruther:ord’s property, as to value, in- | cumbrances, etc. The writer alleged that he was a warm friend of the Rutherford family, and asked the real estate dealer not to men- tion the letter to any of its members. The letter was not answered, but Mrs. Ruther- ford dii not learn of it until too late to trace its writer. CRUIKShANK FRAUDS. Lady Randolph Churchill a Victim of a Crooked Railway Syndicate | <chems. NEW YORK. N. Y., Sept. 13.—A special to the World from London says: Frauds on Lady Randolph Churchill, Mrs. Jack Lesl:e and Mrs. Moreton Frewen by a so- called Captain Cruikshiank have excited immense iuterest in English society. Crvikshank, a commonpliace and rather seedy-looking fellow, seems 10 be en- dowed with extraordinary plausibility. He induced these three experienced ! women of the world tc part with $7500 on promise of 400 per cent return on some venture of his entitled a railway syndi- j cate of .whose existence they never de- mnm{id any evidence. Their confidence was gl first by the fact that Cruik- shank®as introduced ty Mr. Cadogan, relati the Eurl Cadogan, Viceroy of Irelan Mr4,idleslie and Mrs. Moreton Frewen i kept all knowledge of their transactions from their husbands, expecting to have a pleasant surp rise for them when their tor- tunes had been made by Cruikshank’s syndicate. They were merely a few of tne ladies Cruikshank victimized, and oniy one man was among his dupes. The volice have evidence against him of frauds' to the extent of $75,C0), but he maintains that the railway syndicate was a genuine undertaking, and the complain- ants invested money knowing its risk with eyes open expecting a big return. An effort was first made by Lady Ran- dolph Churchill and others to recover their money by civil proceedings, which failed, and a prosecution is now in the hands of the crow They feel their po- sition acutely, fearing the chaff of their friends for succumbing so easily to the wiles of a needy adventurer. 1our hows the expert forger, who escaped from Cook | NEW TO-DAY-CLOTHING DO YOU KNOW WHAT IT IS TO GREEN-TAG GOODS ? Do yow know what Green Tags will save yow ? They'll charm yow into to-day. They'll save yow one-half. They're money - makers for yow to-day. A Barga{n Plum. New Fall Win'er Weight and New Fall Colorings pretty Reeper Suits, ages 3 to 10, ele- gantly braided, buckle at the knee. 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