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‘4 TRAINMEN REAK FOR HE: WOODS Four Bandits Rob an Express in Broad Day. THEY FAIL TO OPEN THE SAFE. JEhoot the Conductorand Turn Their Attention to the Passengers. GO THROUGH THE CARS3 FOR LCOT. The Negro Sleeping-Car Porter, on the Run, Emptles His Revolver at the Robbers, Special Dispatch to THe CALL. AUSTIN, Tex., Oct. 12.—This afternoon 30 o’clock, in broad, open daylight, and within twelve miles of the corporate limits of the the southbound can- nonball train on the International and Great Northern Railway was held up by four men and robbed. The conductor of the train, Tom Healy, was shot hy the robbers while resisting them, but fortunately not seriously wounded. | One of the passengers had his shirt col- lar carried away by a pistol ball that was simed at his neck, and another received a bullet wound in the hand. $200 in money. The bandits attempted to rifle the safe in the express-car, but were successful, When the train reached McNeill, a smail station fourteen miles above this city, two men heavily armed boarded the train and took up their stand on the rear platform. After the conductor hada , checked vp the he reached the plat- form anly to find a pistol at either side of his head. Tae men demanded that he stop the train. He declined to do so and began to run through the train with the two robbers in close pursuit. He had not goue half the length of the first car when the foremost robber shot at him, bringing him to the floor with a pisto! wound in the right arm. At this juncture the other robbers pulled the belicord and the train was brought to a standstill. It was eviden pointed place, for the train had hard stopped before two other men, whose faces were covered with ma tepped out from the trees and began shooting into the cars. Instantly all was confusion. The two men on the train were immediately joined by those from the woods and began their work. As the train porter sprang from the rear coach and ran forshelter a robb began shooting at him and b = at the ap- the negro emptied a revolver in return without ei- | fect. The express messenger looked out, and, taking in the situation, left his car and ran through the woods and was soon lost to sight. The robbers in the meantime, leaving two men to guard the three coaches, which were packed with passengers, pro- ceeded to the express-car and demanded Continued on Second Page. e passengers were robbed of some | | i | FURWARD ~ DURRANT'S ~ APPRAL | Attorney-General Fitz-| | gerald Wants to Ex- pedite the Case. 'HEARD IN THE SU-| PREME COURT. SAN FRANCISCO PRICE FIVE CENTS. FLAGSHIP BALTIMORE IN SERVICE Commissioned in Haste and With but Scant Ceremony. URGENT ORDER FROM WASHINGTON. | { A THREAT OF CO0LY INVASDN Miriam Michelson Talks to Two Congressmen on Annexation. I CHINESE CANNOT BE KEPT OUT. Habeas Corpus as a Block to_‘Officers Have Scarcely Time|Free to Come and Go Under the Execution of the Law. | i | NUGATORY. | 1 Matter In the Interest of Law and Order. { Special Dispatch to THE CALI. | WASHINGTON, D. C., Oct. 12—In the | United Btates Supreme Court to-day At- | torney-General kitzgerald of California | | moved to advance the hearing of the case | of W. H. T. Durrant, under s2ntence of death in California. The case is before the Supreme Court in the shape of an ap- | peal from the decision of the United States | Circuit Court refusing to grant Durrant’s | motion for a writ of habeas corpus. l After stating the facts of Durrant’s | crime, of his sentence and confinement in prison and his appeal to the Fuderal courts tho motion vresents the following reasons for a speedy hearing of ihe case: “The special and peculiar circumstances existing as reasons for the advancement of this case on the docket of this court are as follows: ‘L Thdt this is a case involving the prompt and orderly administration of the criminal laws of the State of Califor- nia That the appeliant has been con- v'cted of murder in the first degree in one | | of the Superior Courts of the State of Cal- | ifornia, the judgment of conviction bas been passed upon and affirmed by the | highest judicial tribunal of that State, and this proceeding delays and thwarts the | punishment of appellant in accordance with the judgment pronounced against him by the couris of said State. | “3. That by virtue of the provisions of section 766 of the Revised Statutes of the | United Siates the appeal in this case pre- | vents the prompt and orderly administra- tion of the criminal laws of the State of | California. 4, That by reason of this proceeding and others of a like character now pend- | ing in this court the enforcement of the | criminal laws of the State of California is | hampered and thwarted, and the laws of that State for the administration of justice | and the punishment of crime are rendered largely nugatory and are brought into derision and contemnpt. | 5. That, therefore, a speedy determina- | tion of this casa by this court is in the in- terests of justice, law and order, and is a matter of the utmost importance to the | | people of the S:ate of California.” | | The court took the motion under ad. | | visement. | After making his motion to advance Durrant’s case in the Supreme Court to- day Attorney-General Fiizgerald said to TrE CALL corresrondent that he was | assured the courr sould render a decision ‘ | on ncxt Mond- . to Don Their Naval Uniforms. PRESENT. Getting Up Steam for a Voyage. Special Dispatch to THE CALL VALLEJO, CAL, Oct. 12—The cruiser Baltimore was 2:30 o’clock this afternoon. ever commissioned with less ceremony. At 2o’clock Admiral Kirklana received a telegraphic message from the Navy De- vartment ordering him to put the Balti- more into commission. Captain Glass was given the necessary instructions and, zoing down to the big white cruiser lying at the whar, called to Commander Block- linger to put on his uniform coat and get as many officers together as he could find. Lieutenant Braunersreuther home for his dress coat. Paymaster Bel- lows, who already had on his regulation coat; Pay Clerk Corwin, the boatswain the Law of Land. the STATUTES OF CALIFORNIA | BUT FIVE OF THE SEAMEN | THOSE IN HAWAIlI MENACE AMERICAN LAEOR. A Speedy Determination of the | The Cruiser Recelving Stores and | Maguire Touches the Spot of the Real Danger of Taking In the Islands. One thing that influences put into commission at | No ship was | hurried | and Sailmaker John Roddy standing on | the bridge, were all the officers in sight. | Five bluejackets in their working suits constituted the entire force of seamen, ex- cept foran old salt at the halyards, who, as | soon as Captain Glass had read the orders, turned the shipover to Commander Block- linger. Before any of the workingmen on board realized what was going on the American fiag and pennant were flying and the Baltimore was in commission. It was pronounced the most unusual methed of placing a ship in service on record. Itis now civen out that the Baltimore will go to San Francisco and the crew irom the Philadelphia will be transferred to her on the latier’s arrival. Thi<, how- ever, is hardly po-sible, as there ix nothing to be gained by that procedure. Stores are being rushed on board as 1ast as possible. All day long package aiter package was passed aboard and stowed away. The men who came from Brooklyn Navy-yard 10 sail on the cruiser live aboara the Independence. They took no part in the ceremony of putting the cruiser under the flag. The officers here are now under sea pay. Steam will be got up in the boilers to- night, but for what purpose no one seems to know. On Friday, the 1st inst., Rear Admiral Kirkland telegraphed the Navy Depart. | ment that the Baltimore was ready to go inio commission. He had received im- perative orders to huve the ship ready for service by that date, and according to in- structions reported her in readiness to re- ceive her crew. As a matter of fact the Baitimore was still in the hands of several Contnued on Second Page. | | | me largely is the number of Chinese now in Hawaii— one-fourth as many as there are in the United States. They could not be kept out of the United States any more than they can be kept from traveling from one State or Territory to an- other. They will come here for the simple reason that they can get better wages here, and new importations of contract labor in Hawaii will take their places. These, in turn, will follow their predecessors to our shores, and our laboring men will have the old prob- lem of cooly labor to con- tend with. — James G. Ma- guire. 0200 20 000 20 250 04 24 234 24 3 5 0 2 2 0 22 2 0 20 0 2 2 0 20202020 250 2 2 5 2 220 2 2 2 28 008 2 22 23 352 224 0 2 20242 2 2 22 1 interviewed two Congressmen yester- | day on the question of the annexation of the Hawaiian Islands. There isn’t an untidier spot in the world than Congressman Maguire’s table. That is, of course, if his chairs be excepted. And this only, if one forgets to notice the wastebasket overflowing on to the floor. The desk is so covered with books, legal and otherwise, pamphlets, important- looking legal documents bearing seals, letters, inkstands, pens and pencils, that there isn’t an inch of room left should Judge Maguire have occasicn to write a line. The chairs upon which he and I sat | were the oniy pieces of unincumbered furniture in tbe office—before we were seated. [ supposeone of them serves as a desk when Judge Maguireisn’t submitting to the operation of an interview. But the Judge's submission is vary graceful. Itried to excuse my intrusion upon a very busy man’s time by saying <omething about interviews beinz one of the penalties of greatness. He laughed at this. “Idon’t know about the greatness, but MAJOR- GENERAL HUNTER AND STAFF ENTERING BERBER. SIMLA, INDIA, Oct. 12.— breech-loading rifles and have solemnly sworn to maintain peace and d Mamund punitive expedition have destrayed twenty A dispatch from Mamund announces that the Jirga tribesmen have surrendered their Martini rive out Umra Khan’s followers. -six fortified villages and have killed many of the insurgent natives., The troops forming the PREMIER SAGASTA OF SPAIN. it's what one has to expect when one gets mixed up in polities.” Judge Maguire speaks as one would ex- pect a man of his reputation tospeak. His voice is decided, determined. He talks un- hesitatingly, finishing his sentences care- fully, as if he knew how they were going to !look next day in the paper. Hesits erect as lie speaks, gestures little, and looks his in- terlocutor squarely in tha eye while he gives expression to his opinions. “I have always been opposed to the project of annexation,’” he said, “ior I be- lieve that its disadvantages far outweigh ! the good we might get out of it. The | only benefit to the Unitad States is a com- mercial one, and that we have now, and i most probably shall continue to have. As to the military side of the argument, I| consider it absird to fortify an island | away outin the Pacific which couid be | taken by the enemy before we could know | that it was menaced. Even if there were a cable we couldn’t send relief to Hawaii in less than six days, and by that time it would be useless. “1do believe, though, that the United States should resist any other country’s taking possession of the islands.’’ “What country is likely to?" *Japan. It wasstated that 2000 soldiers had been landed there, you know, in the zuise of laborers, and that there would be an upnsing of the Japanese ou the arrival of Japanese warships.” *“And do you believe that?” I asked. “No-0.” The Judge smiled. *“But if Japan shou'd attempt to seize the islands, the United States should interfere. There | is one thing that would change my mina on this matt r. The administration may have some knowledge of Japan's inten- tions or plans, which would make annexa- tion of the islands the only means of our retaining our influence over them, but as Ifeel now, I am opposed to taking them | in. 3 “One thing that influences me iergely is | the number of Chinese now in Hawaii— one-fourih as many as there are in the United States. They could not be kept out of the United States any more than they can be kept from traveling from one State or Territory to another. They will come here for the simple reason that they can get better wages here and new impor- tations of contract labor in Hawaii will take their places. These in turn wiil follow their predecessors to our shores, and our Iaboring men will have the old problem of cooly labor to contena with.'" “Do you think that the Senate will an- nex the islands?"” “I don’t think the Senate has the power without the House to make treaties with an independent state. That question was brought up when Texas was admitted, you remember.’’ I didn’t clearly remember the admis- sion of Texas, buv 1 didn’t tell Judge Maguire so. *No; the House will have something to say about this matter,”” he went on. “For this reason I think vou’ll ind Con- gressmen more careful in giving expres- sion to their opinlon. One talks very dif- ferently when he thinks he is mereiy giving an off-hana opinion of a matter about which he is to have no responsi- bility.” It was with the memory of Judge Ma- guire’s positive voice ringing in my ear that I began my interview with Congress- man Loud. And Mr. Loud, who's as reti- cent &s Ju ige Maguire is outspoken, very kindly and piomptly gave me a lesson in interviewin -. “‘Never ask a direct question,” he said, crossing his legs and ciosing his smiling eyes. BSo I began over again. “Tell me what, in vour opinion, the United States witl gain by annexiog the Hawaiian Islands.” H “*The gain will be only a commercial one. Idiscara witbout discussing it the ques- tion of putting up fortifications 2100 mites away. If we are voing to fortity eur| country the coasts of ihe Atlantic and the Pacific are the proper poinis (0 be cared for. But the important question, to my mind, is the form of government we could | give the isiands. And if the danger of giving the suffraze to the kind of people there are in the Hawaiian Islands be- comes manifest, it should outweigh the five or six miliion dollar’s worth of annual commercial benefit we would get from annexation.” “De you think that the islands will be annexed ?” Iasked. “I bave no morce means of knowing that,” responded Congressman Loud de- murely, *‘than you. Congress is an ex- ceedingly busy bedy of men, snd until a question comes up before the House no one can pretend to a knowledge of the sentiment that will decide that question. Besides, there in a tendency to put into effect that excellent proverb: ‘Never do to-day what can be put off till to- morrow.’ ” ‘A sort of Manana policy,”’ I suggested. es. You know the guestion may never come up. To-morrow may never come. Or one might be dead when it did come.”” . “‘Mr. Loud, if you could be assured that no other nation would annex the islands, that they would remain neutral, and that the United States would retain its present commercial and social influence over them, would you be opposed to annexa- tion. There,” I concluded triumphantly, “isn’t that an innocuous question ?"” “Yes,” he admitted slowly, “it is. Now, if you can get that question in precisely that same form in yvour interview,’” said the cautious Congressman, “I have no hesitation in saying that 1 would be opposed to annexation, and every man in San Francisco—except the few who ave forever waving the stars and stripes— woald answer ‘yes’ to it, too.” When I rose togo Mr. Loud askad me in his easy voice—there might have been just a shade of sarcasm in it—whether 1 had enough. “You’ll never find a man more willine to talk,” he said genially. “The Wash- ington correspondents will tell you that. They say I'll always taik, but that I don’t always say something.” MIRL REVOLUTIONISTS IN FULL FLIGHT. CHELSON. Morales and Fuentes Flee Into Mex co and Their Fol owers Scatter Before Barrlos. TAPACHULA, STATE oF CHIAPAS, MEX- 1c0 Oct. 12.—Fuentes and Morales, two leaders of the revolution in Guatemala, have reached here by traveling day and night, having abandoned their country on learning that Barrios had sent a large force againat them. Many others, filled with panic and dreading the vengeance of Barrios, have left all their property behind them. There are at thi. momentin this depart- ment more than 1000 refugees, among them many private persons and revolu- tionists. Nobody expected such a result when the revolution began under such brilliant auspices, and the revoiu- tionists were in posses-ion of so many strong places and had the general support of the people. Refugees know their prop- erty will be counfiscaied, as the Govern- ment has issued a decree to tbat effect. Some people took the precaution to de- posit their valuables with the British Con- sul at Quezaltenango. - MRS, CHENEY'S SCHOOL. An Inleresting Institute for Music, Phy- sictl and General Cwlture, CHICAGO, Iun, Oct. 12.—Tne Mrs. Jobn Vance Cheney school for music, physical and general culture opens its doors to-morrow for the first time. The school is the outgrowth of Mrs. Cheney’s music courses of last winter. The 1dea of such a school presented itself to Mrs. Che- ney last svring, but it was not until re- cently (hat she was able to secure the services of persons with qualifications necessasv to assist herin her undertaking. A little magnzine called the Spray, wh ch will serve as an organ for announcements and for theories advanced by the institu- tion, is to be published by Mrs. Cheney. PREMIER SAGASTA DECIDES TO DEFY THE UNITED STATES O TIME LINIT T0 [HE WAR Spain’s Reply to Be | Polite but Very ; Firm. WILL TOLERATE NO INTERFERENCE. Cuba Is Her Affair and She Will Settle With the Island TO MAKE NO ROW AEOQUT CISNEROS. | More Than a Suspicion the Madrid Government Is Glad to Be Rid of the Young Woman. | NEW YORK, N. Y., Oct. 12.—The | World’s correspondent at Lendon cables: The Madrid Government has been so favorably impressed by the welcome pub- lic opinion and the press are said to have | given the new policy, that it has been de- | cided to reply to the note of Woodford in | a polite but firm tone, absolutely ignoring | the possibility of mediation, declining to | fix a date for the closing of the war and | exoressing the belief that the condition of l'the insurrection and the activity and ef- forts of the Spanish forces, coupled with the contemplated reforms, are quite suffici- ent to justify the hope of an early pacifi- cation, which would have been more rapid if the rebels had not found support under the colors of the American flag. Blanco cannot reach Cuba before the first of November, still the Government ! will ! »gin its-reforms of the economic ad- ministration before January, simultane- ously with vigorous military operations and active negotiations behind the scenes through the assistance of leading autonom- ists. — e CISNEROS IN A CONVENT. Taking Re’uge From Her Con- sclence, for It Is Sald Spain Is Glad to Lose Her, NEW YORK, N.Y., Oct 12.—A special from Washington says: A report is in circulation here to-day that Senorita Cis- neros, the young Cuban who was rescued from prison at Havana last week, is ata Georgetown convent in West Washin :ton. { The sisters at the convent will not say | anything about the matter, and for that reason many people are inclined to think there issomething in the rumor. It is alleged that Cnarles Duval, who effecied the escape of Miss Cisneros, 18 Charles Daval Decker, cr Karl Decker as be is generally known. He is coanected with the Washington office of the news- paper that sent him te Cuba, and was formerly the Washington reporter of the staff of the Baltimore American. He was in Cuba iast winter, and returned there about one month ago under contract to effect the girl’s release. Decker is a married man, and had a writ en agreement providing for Mrs. Decker’s support or remuneration in case Decker should be killed or put in prison. 1f the rescuers are arrested in this coun- try on the demand of Dupuy Delome they will be brought before a United States Commissioner, who will be obliged to re- lease them on acccunt of the refasal of the United States to recognize the anthor- ity of the State Department to surrender an American cilizen to a foreign Govera- ment for trial. It is believed at the State Department that the Spanish authorities are heartily glad to be rid of the girl, and will not press the case closely. A demand for the punishment of the rescuers may be made and a claim against the Uniiea States for damages on accoant of the rescue mav be presented. WASHINGTON, D. C., Oct. 12 —itis stated heie on the best authority that Evangelina Cisneros, the young girl who recently escaped from Havana, will arrive in New York to-morrow morning on the steamer Seneca. 1tis known that messages have been passing between 'he authorities bere and persons in New York regarding her land- ing, and it is said that the Government will permit of no interference, but will allow her to land. Thisis done, it is said, because of rumors that Spain has taken steps to prevent the landing of 1he escaped prisoner. The friends of the young woman were prompt to act in her behalf and have paved the way for her safety, and assured themselves that no interference c:n po-si- bly take place on the part of either in- dividuais or Government. It is expected that a royal welcome will be given her. It is said the Seneca with Miss Cisneros aboard will arrive hereat 8 o'clock to-merrow morning.