The San Francisco Call. Newspaper, August 31, 1901, Page 3

THE SAN FRANCISCO CALL, SATURDAY, AUGUST 31, 1901. CUP DEFENDER HARD T0 CHOOSE Constitution and Colum- bia Have Each Won Eight Races, Final Series of the Trials Between Them Begins Off Newport To-Day. S — NEWPORT, R. I, Aug. 30.—The final of races between the Constitution d Columbia will begin over the New- ort course to-morrow. Of all the con- that have taken place between the erican boats this season these are the important, for on their result de- the selection of the defender to sail the Shamrock II in the great for the America’s cup off Sandy ] HOWISON MAKES VIGOROUS DENIAL —_— Admiral Declares He Has Said Nothing Against Schley. —— Letter to the Navy Depart- ment on the Case Made Public. —— WASFINGTON, Aug. 30.—Acting Secre- tary of the Navy Hackett to-day made public personal correspondence between Rear Admiral Howison and himself in relation to the fitness of the admiral to serve on the court of inquiry, Admiral Howison having consented that his per- sonal letter should be given to the public. A copy of Rear Admiral Howison's letter has been sent to Rear Admiral Schley. GARDNE IN THE R KNOCKS OUT CARTER - EIGHTEENTH ROUND Fiercest and Fastest of Fistic Battles Sets a Large Crowd of Enthusiasts on Edge. Reeo WESLE: Cufiwz > Gum. BETwEEN Rese Tacx KrcHENS KEPT Busy REE _No challenge committee of the York Yacht Club has ever haé so h difficulty in selecting the American . Out of sixteen races already fin- ed, each now has eight, and so close the two boats in the matter of speed | many good yachtsmen say that atever the outcome of the trials, it still be & hard task to choose be- them. At the finish of the trial races next Wednesday the regatta committee will rn over to the challenge committee the € all the races between the d the Columbia. Thus ito consideration all pre- well as the three trials d make up their opinion. But inas- as the two boats are now even, The correspondence is as follows: YONKERS, N. Y., Aug. 24, 1901 Dear Str: I bave just returned to my home after a short visit to Lake George. Owing to my detall as a member of the Court of Inguiry, ordered to meet on September 12 next, I find that many newspapers are giving me credit for having served my country in the United States navy for nearly half a century with honor. 1 see ‘mlso that I am thought to be objectionable as @ member of this Court of Inquiry, it being stated that I publicly expressed opinions on the conduct of the battle of Santiago, while serving as commandant at the Boston navy yard, short- Iy after the result of that engagement was known. I believe the service knows, as I do, that I | do not attempt to make public speeches, write | for magazines or papers or make public utter- ances on navy or other subjects. It has been impossible to avold the visits and questions of | representatives of newspapers while serving at | important stations and at times when the navy has been so busily employed. rs are at their moorings in | The letter here refers to the writer's bor tc t, fit for the fray. The Pleasant relations with newspaper men Constitution * been put in the best of | 2t Maryland, Boston and other stations, 1 h igner, Nat Herreshoft. | 20d continues as follows: st tried in the | References to the Navy. A W‘N‘hm the news of our navy's success at Ma- i " S | nila and again at Santiago reached Boston the Pin down the bay lo-day, | people there were not behind the rest of e | Ak _goethsia tching. The | United States in giving honor and praise to the | Which slackened when the | navy and to the commanders in chiet of the | lled out, were also set taut, | fieets. The enthusiasm of the population in ! rigging was given a thorough | praise and honor of the officers and men en- | Baged at Santiago lasted for some time, until was given final | later, when the troubles commenced as to Where . and both boats are now | the credit and honors should go for the succ the best speed there is | for this engagement. It is no news to the navy ‘;o £ay t(hal where all do lhe(flr dulleshl’ first as Lipton wil | honors for success go to the officer in chief com- oo on Monday: He has Dectator | mand. Censurs for faiture also belongs to Aim. | on o be the Bucst Bt Dambred | This newspaper cutting in question contains & T on that day and | *tetement in which it Is said that I made a | frst official vosiornd | comparison between Schley and Sampson, un- irst official welcome | favorable to Schley. The word ‘‘respected,”” as | | more depends upon the coming races than all the others. | Both e officers of the |used by the reporter, is seldom or never em- | ployed by navy men in comparing the qualities Schley had the reputation of being nervous and hot-headed in the Naval Academy. One may say that an officer stands higher in his class, if | true; another may stand higher in scientific at- | tainments, while another be distinguished for eminent diplomatic and social qualities, while | all under discussion are of good standing and | proficient in their necessary professional calling. | { porting for the Boston Record and I do mnot | approve of his public statement as mine. I can- not say that I have not discussed with ac- quaintances matters published in the newspa- pers relating to our navy’'s success as well l.sl " the unfortunate disputes so widely commented Tt {on. There are few or mo persons in the navy Evidences That the Crisis | o, T an, 05,5 20, 2meoms jn the navy Is at Hand in the | possessed by officers, and I am sure I could I have no recollection of the gentleman re- | | these mewspaper articles. East. | never have this as he reports, nor said that | | From the papers it appears that Admiral chiey has strong doubts as to my fitness to judge this case with Admirals Dewey and As it is a case of grave importance | | to those concerned and to the country, 1 am de- | sirous of giving my little help to ctiear away the troubles. The duties of members of courts- | PITTSBURG, Pa., Aug. 30.—While there | martial and courts of inquiry are not sought or desired by officers. While I feel highly honored change in the steel strike |} ", gepartment's selection of myseif for this much .transpired to-day calcu- | duty, it is anything but a pleasant task to sit ce results in the near fu- | in judgment on brother officers. However, the conference between the com- | Bonor of the selection and the unpleasaniness - et . | of court duties do not enter into the reasons for tee from Milwaukee and the Amal- my now writing to say to you, persopally, three ted offi the continued efforts | things, viz.: t Burns of the Window Glass | Firsi—To resssure you that I am not respon- Assor tion to bring about ar- sible for and did not give out such an interview e 3 g as is alleged in the dispatches from Boston and nciliation; the scathing edi- | as stated in the newspapers to have been men- | - Labor World. calling for the | tioned by Admiral Schley in a recent letter to | ¢ Piresd > { the department. | of Pr —‘demms“‘““v the | “Second—1f, however, the department feels of McKeesport to | that the cause of the nawy and justice will be and the decided effect of the | better served by relieving me from duty on the proceedings at Canal Dover, | court, I am entirely ready to withdraw volun- ate that the crisis is ap- | tarily or to have the department relieve me hat an important change | UPOR its own initiative. Tar (s nt. Third—1f, on the other hand, the department, knowing ail the circumstances, desires that 1 | should perform the duty I am entirely ready to perform it and can, ath, do my duty as a member of the court ‘without partlality’” as the law requires. Yours sincerely and respectfully, H. L. HOWISO! Rear Admiral, U. S. Hon. Frank W. Hackett, Washington, D. C. Acting Secretary’s Reply. Mr. Hackett replied as follows: WASHINGTON, Aug. 26, 1901 Dear Admiral: Your personal letter of the 24th deserves an immediate reply. You say substantially that there is no foundation for the statements attributed to you as having been set forth in an Interview afterwa:d pub- lished in the Boston Record, and lately made the subject of a communication from Rear- Admiral Schiey to the department. You ecvi- dently have read the correspondence between the admiral and the department, as publiched last week In the newspapers. The depart- ment, let me assure you, has mo purpose of relleving you of this duty. It has implicit confidence in your sense of justice and fair mindedness. Should the counsel for Rear Ad- < miral Schley proceed to offer to the court ob- ted in this matter,” said | jection to you, it will be for the court iteelf uns to-night, “as the big |to decide the question of your competency to ting all lines of business, | sit as a member. Were your letter offictal, e window glass trade. My |instead of being merely persodal. I should he two sides together | Tefer it to the judge advocate of the court, 1t President Schwab | {0 be laid befors the no:;.ux would ke to gt i B B B | know if you have any objection to my giving s still opposed hvm’“.‘mf“;:gé‘éxflrgg:l‘gg:; | to the public your frank and manly letter in he Qesives. Anything will | the event that it shall seem desirable to do B e ol s il | o, hat you have said only confirms me f th n 5 in the beliel that the department has been *:a rltn;iduged to arbitrate | fortunate in selecting you as the third mem- ber of the court. the current issue of the Kindly accept the assurance of my perscnal >r World. the organ of the Interna- esteem and belleve me, yours truly. 1 Tin Workers' Protective Associa- FRANK W. HACKETT. tion, and the mouthpiece of the Pitts- | Rear Admiral Howison, U. 8. N., Yonkers, burg district of the Mine Workers' Union | N. Y. and the Pattern Makers’ Association, is @ long and bitter attack on President Shaffer, and Gemands his impeachment for calling the present strike. The de- mand for the ‘mpeachment is made be- cause it is charged Shaffer compelled the steel workers to violate contracts, be- cause he expelied the Chicago men and revoked their charter without a constitu- tional hearing, and because the whole strike is unconstitutional and has brought ruin and wreck to men who have made the Ami ted Association. The edi- torial gives twenty-four reasons why President Bhaffer should be impeached. POLICE JUDGE FINES A VANDERBILT SCION NEWPORT, R. L, Aug. 0—W. K. Van- @erbiit Jr. was summoned to the police court to-day and fined $10 and costs for allo his automobile to exceed the speed ed by the mt‘s!t& or&nflca R:[;h. S oatny. Chier of Police Richatas, chuda‘ who yesterday bad Foxhall Keene an Reginald Vanderbilt fined for fast riding, was the complainant in to-day’s case. The latest offender promised that he would observe the law hereafter. Robert C. Maxwell and Charles Young also were fined $10 each for over-speeding their automobiles. Maxwell is chauffeur for Frederick H. Benedict of Stone Villa, ana Young has charge of the automobile owned by Louls Bruguiere of San Fran: cisco. Pears’ Ite least wirtue is that asy. *J. D. Hickey | he committee have . but their pres- | generally known. The | he main object of | to arrange some iew plant dent Shaffer, on the the two men did not come | resentatives of the Bay View | are simply here, he says, as | members of the Amalgamated | explain in person the rea- tion in, regard to the gen- er and the reversal of that er Tighe's visit to Milwaukee. ding the report from New | o comference has been held | for between C. M. Schwab looking tp arbitration, relaxed his efforts in | Assoc gon for the P and get t The editc B Commander Richard Wainwright, su- perintendent of the Naval Academy, came over to Washington from Annapoiis to- day and spent some time in conference with Captain Lemly, judge advocate of the Schley court, in reference to the tes- timony to be furnished by the command- er, who is one of the witnesses on the Government list. Captain Lemly has been engaged In this kind of work for the past week, laying the base for the presentation of his case. Nothing has yet been heard by Acting Secretary Hackett from Captain Forsyth in answer to the department’s interroga- tory touching his reputed interview in relation to the Echley case. Mr. Hack- ett’s attention has not yet been directed formally to the publication this morning ascrib certain expressions bearing on the Schley case to Admiral Watson, but when the matter was referred to infor- mally, Mr. Hackett intimated that it was not one of sufficient importance to war- rant letter-writing by the department. The correspondence was sent to Ad- miral Schley, who discussed it with his counsel. Lafer in the day the following announcement was made: “Admiral Schley’s counsel is entirely dissatisfied with the position of Admiral Howison as disclosed in his letter to act- ing Secretary Hackett, made public to- ay. ‘The lawyers hold that it is not a com- prehensive denial of the statements at- tributed to Admiral Howison, nor, they say, does it disclose sufficiently the ad- miral’s freedom from bias. It I8 probable that they will set forth these oé‘jec'.lons in a letter to the acting Secretary of the Navy. The naval orders of to-day contain the names of three persons designated as witnesses in the coming inquiry. They are ‘Itx:ntenmt John Hood of the Indiana, Liedtenant James G. Doyle, who, accord- ing to a cablegram received to-day from miral Remey at Cavite, has been de- tached from the New York and ordered home and Chaplain W. T. Helms, now on the Buftalo, has been ordered home imme- * upon my consclence and | \a saloon at the time, an Six-Day Riders Wax Weary. REVERE, Mass., Aug. 30.—Alexander and Stevens and Dubols and Turgeon have dropped out of the six-day bicycle " soap cleanliness— . " race. At the close of the fourth day the 1S cleanliness. score stands: Moran and McLean. Plercs Wt S0 o e 4 51 miles and 3 laps: Downey nd Bleccker oo a: 1 miles nd 3 05 Jack ways CAME DowHN FReM To ENJoY THE 5 o 4 HEN Kid Carter was knocked flat on his back last night in the eighteenth round of his fight with George Gardner the crowd was standing on tip toe, eputtering, shouting, cheering. That was the end of the fastest, hottest and fiercest pugilistic contest ever seen in this ecity and perhaps anywhere at any time. Gard- ner gained a signal victory for genuine fighting ability; Carter builded a few ad- ditional stories on his reputation for gameness. Knocked down time and again, bleeding profusely from nose and mouth, face and lips swollen to an unnatural thickness, Carter came up to the scratch for medi- cine which under ordinary prize-ring con- ditions would have leveled a half-dozen fighters. Gardner's wicked uppercuts, his right-hand cross play and his left jolty swings on face and body had made a chopping block of his game opponent. Sheer grit was all that kept Carter on his feet round after round. There were times when he was bowled over by a flerce, cutting right-hand blow and the crowd, lost in frenzied ecstasy, was ready to leave the Mechanics' Pa- vilion satisfied and contented beyond measure in having seen more than the fondest hopes had anticipated. Carter was no hanger-on. When it looked the darkest for him he would suddenly re- cover his ebbinz physical force and fight back with a reserve strength that made the ending of the contest always uncer- tain, if not doubtful. ™ Carter Marvelously Game. More than a half-dozen times Carter saw the swinging arm of the referee | sawing off the seconds. And he never fal- tered after it. Rising to his feet, his brain clouded from the clouting admin- istered by Gardrer, Carter would save himself again and again from a knock- out. Once the gong came to his rescue. This was at the end of the seventeenth round when six seconds were tolled off and the supine pugilist lay dazed on the ring floor. Carter's gameness was as splendid an exhibition as Gardner's clev- er, cautious fighting. All through the fight Gardner seemed to have the best of it, but his opponent's unexpected recuperation after unbroken e [Rwin& LAKE Co. A8 SE- 3 G0 PoRRT~ f ) HIGHLY ~ Ex(ivEe /filf/ , ALNEIL < S ROUGHT H1> - 55\97 SMILE WITH H 3 SOME OF THE SPECTATORS AND INCIDENTS AT THE FIGHT LAST NIGHT BETWEEN KID CARTER AND GEORGE GARDNER, A FISTIC ENGAGEMENT THAT EVOKED A GREAT DEAL OF ENTHUSIASM. have been certainly satisfled last night. He ate it in big mouthy chunks and came back for more—until the eighteenth rourd when his seconds rushed into the ring to pack him to his corner after the refcree had waved at Gardner as the winner. As a diversion in gameness Carter, limpid and with hands down, would take biow after blow and then, when it was thought that the end had come, would suddenly recover, fight on and wind u‘) the round in a whiriwind finish. This is what the crowd fed its excitement upon and the appetite grew with each bit of sensational fistic thumping. Gardner Begins the Battle. Alec greggains did the talking to Gard- ner bet§veen rounds and Spider Kelly and us Ruhlin _were of counsel for A ardly had Referee Jack Kitchen cleared the ring for action when the men were at work, cutting out a hot pace. In the second round Gardner began the cross-fire of his dangerous right, and Car- ter's face showed the effects, When the gong sounded the Kid was the worse for the wear and tear of battle. Then the players of the under dog—for Carter was a 10 te 7 favorite—began to breathe more freely and urge their man from the seats. Two rounds later Gardner skipped about lively, blocking and darting in the fear- ful right with telling force. Carter seem-| ed to get weaker and weaker by slow gradation. The fifth was flerce and torrid, with Gardner doing all the fighting, so much in fact that he exhausted his force and allowed Carter to end the round strong and working. That Stiff Right Punch. It was well on in the eighth round when Gardner picked his adversary right off the limb. The right arm shot out and -Carter was bowled over. The timekeeper began counting, but Carter was not such an easy mark as this. At the ninth swing he was on his feet, and then Gardner reals lzel}‘ what sort of a man he had to deal with. There was no slowing up on either side and the fight progressed earnestly and evenly until the eleventh. Feeling gay and strong the Kid then started his close range tactics. Again that right of Gard- ner’s shot over, again Carter fell upon his haunches and in he arose to his feet to continue the battle where he had been forced to leave it. ‘‘Smother,” cried Kelly from the corner, and Carter “gmothered” the best way he could. He seemed helpless, yet Gardner's stiff p'l_:n‘téhes seemed unable to do the final trick. In the next two succeeding rounds Carter had a taste of the floor again, and though weak held on with a tenacity that would shame a bulldog. J Two rounds were sandwiched in at this swelling that followed from a stiff blow on the former's head in the tenth round. Carter Down and Out. Then came the beginning of the end, the seventeenth. Carter, weakened by the loss of blood and the severe slow-fire roasting, ran into a left and right. Gard- ner saw his chance and he shot in blow after blow on Carter’s face. He ham- mered him from one end of the ring to the other, never resting, but always forcing Carter from him after a clinch and then repeating the fusillade of blows. Second by second the round crept on, and just before the end Carter, his hands hanging at his sides, went down. This time the bell saved him, but only to postpone the reckoring. In the eighteenth ‘the' end came. Bat- by uppercuts and tered across the ring awlnglngl blows, Carter tried to hold on, but he had shot his bolt of endurance. The beating he then received was too much even for him to take, and he went out a beaten and used up man. As it was the full count was not taken when the seconds rushed Into the ring and packed mmugg?bn’lt’hehpgllce. r;fer%e l.‘ancl all 01 er had enough an no_mistake, he did. g e For both men the cheers came in wide sweeps over the hall. Gardner got his share for a victory which was won by as clever a plece of cautlous, aggressive fighting as has been seen here in many a day,’and Carter because his gameness seemed te have no bounds. Gardner's next fight will be with Wolcott. McFadden and Williams. The cork was pulled in the fistic bottl when Kid Williams and Henry Lev:l: stepped toward the center of the ring at the direction of Referee Jack Kitchen. Williams forced matters for the first six rounds, but after that cooled perceptibly and gave Lewis many chances to do the fiFthg, but the colored man did not pluck the opportunity. The fight was of the scrappy nature at times and the de- cision, which was given to Williams at the end of the tenth round, received but a divided apv.obation. Willlams did a bit more fl%hflng than Lewis, who played the defensive game too continuously to win out. Then came the fight between Kid Me- Fadden, fresh and a shade or two lighter than rosy, and Tom Herman. For two rounds Herman seemed to be in the fl¥ht, but after that he clung on un- til the eighth, when the referee wisely stepped in and gave the decision to Mc- ‘adden. In the first round Herman land- ed a right cross on McFadden’s head and the Kid took the limit of the count. All that can be said of Herman's fighting is that he showed a splendid spirit of game- pess while in a tottering condition for six stage and they bore a Carter complexion. Swinging in left and right on Gardner’s body Carter seemed to take on strength as éardner erceptibly weakened. rounds. One of the side-light diversions of the fight was the characteristic, graceful and delicate repartee between Jim Neil and Kid McFadde hammering made him extremely danger-| The latter's right thumb began to|fight. Neil occupied™a box close to the ous, éaner'a thirst for punishment must | bother him at this time, the result of a|ring. L o o e e e e e e 2 2 ) ) 15 MURDER S THE PLIN Sensational Statements Made by Witness in Chicago. —_— CHICAGO, Aug. 30.—Sensational testl- mony disclosing an alleged plot to kill Bishop Anton Koslowskl of the Inde- pendent Polish Catholic Church was in- troduced by the prosecution in Justice Martin’s court here to-day. Five of the Bishop's parishioners are defendants on charges of conspiracy to defame the char- acter of the Bishop and attempting to is arrest. cug.ulyewlndowskl. who has been em- ployed as a watchman of the hospital run in connection_with the Bishop's church, testified that Dr. Ladislaw Slominski, the principal defendant, had plotted to get rid of Koslowski in order to secure con- trol of the hospital. The conspiracy, it is charged, was entered into a vear ago last winter. Lewindowski testified: “Dr. Slominski told me I had better kill the Bishop, so that he and these other men could have the hospital. We were in he put $50 on the bar and told me to take that now. Then he said I was to have $350 more when I decided to do what ho wanted. He said also that he would give me a steady job driving the ambulance, and that I would have a nice uniform with brass buttons and a horse.” The other defendants on trial are B. ‘Wadzinski, €. Sajowicz, H. Podgorski and NEGRD ELUDES Ml PURGUERS KANSAS CITY, Mo., Aug. 30.—Will Francis, the negro who assaulted and murdered Miss Mary Henderson Tuesday afternoon, is still at large and his pur- suers reluctantly admit that he has elud- ed them and probably left the country. Every clew has been traced to an unsuc- cessful conclusion and interest In the chase is now at a low ebb. HIRE A ACK 70 CAASE PR Louis Engstrom Victim of Two Desperate Footpads. To-day Sheriff Koch of Warrensburg ‘began a systematic search in the various negro settlements of Johnson County. Posses_went from Warrensburg, Center View, Holden and Odessa and all of the negro strongholds were visited, but. when the searchers reported to-night they knew no more about the whereabouts of Fran- cis than before they started this morning. Sheriff Koch, with a large posse, vis- ited the brakes of Blackwater again to- day. They took the bloodhounds and tramped through the jungles along this creelc for hours, following the method which 1s customary in wolf hunts, of covering every foot of ground. The task was tedious, but the men were anxious to either find Francis or dispel the theory that he was hiding along the banks of Blackwater Creek, which has been popular idea from the first. 'o-night word was received at Holden that a negro who corresponds to the de- scription of Francls was seen at the San- key Schoolhouse, two and a half miles southwest of Holden. It was reported that the negro has been staying in the deserted schoolhouse and had avgfled for 00d at the home of Harlan Smith, a farmer Living near there. A posse from for the Sankey the Y Joseph Clszisowski. Burglars at Work, Burglars yesterday entered the resi. dence of Arthur Piper at 1403 McAllister street and stole $2 and a fe. The burg- Holden started at once Schoolhouse. ———— e Low Rates for the Great Sacramento Fair, Low excursion rates via Southern Pa- cific to Sacramento for the State’s great exhibition on sale August 3lst to Septem- ber ?m. inclusive. uire of nearest Louis Engstrom, llving on Devisadero street, near Haight, was attacked by two men within a few feet of his home early yesterday morning and after being beaten into insensibility was robbed of $27, a gold watch and chain and a diamond pin. Eng- strom had been visiting some friends and before returning to his home he stopped to take a drink in a Market-street saloon. He foolishly displayed his purse, contain- ing the money, which was noticed by two men who were in the saloon at the time. After bidding the bartender good night Engstrom hailed a passing coupe and ir- dered the driver to take him home It appears that the two men who were in the saloon when Engstrom showed his purse jumped into a hack and followed him. When Engstrom alighted from the coupe at Halght and Pierce streets the desperate fellows got out of the hack and hailed him. As he approached them one of the men struck him with brass knuckles, felling him to the ground, and they then proceeded to kick him into in- sensibilit; ‘When trom regained consciousness some time afterward he discovered that ;|e }%ul been robbed of his money and lewelry. Yesterday Engstrom visited police head- uarters and reported his loss to Captain ymour. He believes he will be able to recognize the robbers in case they are arrested. Knife wounds heal quicker than those caused by a sharp tongue. during the entire | SULTAN ABDUL Will Withdraw Tax Ex- emptions on French Communities. AT Paris Government Intends to Remain Passive Until After Ozar’s Visit. 1 s PARIS, Aug. 30.—The Matin to-day says the Sultan's first retaliation against France s the publication of an irade with- drawing the concessions and tax exemp- “| tlons from the French religious com- munity at Beyrout. The French com- munities at Jerusalem are also taxed: The Franco-Turkish situation remains unchanged. It is understood that the French Government will take no active measures to coerce the Sultan until after the Czar’s visit to France, in order that nothing may occur to mar the festivities attending that event. Munir Bey, the Turkish Embassador to France, who is residing in Switzerland, has made a flying trip to Paris to have an interview with M. Constans, the French Embassador to Turkey. He came incognito in order to avoid being handed his passports. What transpired at the in- terview is not known, but it is believed I‘t_ will lead to a modification of the situa- ion. The fete planned in honor of the an- niversary of the accession of Abdul Hamid II, which it was intended to give at the Turkish embassy to-morrow, has been canceled. The Minister of War, General Andre 'withdrew the permission’ enabl'ng a military orchestra to participate in the celebration. ® MONEY READY FOR THE FIRM Comptroller of Treasury Settles Famous De Lima Case. WASHINGTON, Aug. 30.—Mr. Trace- well, the Comptroller of the Treasury, has rendered a decision which disposes of the famous De Lima case. He holds that under the recent decision of the United States Supreme Court the judg- ment obtained by De Lima & Co. for $14,495 against the United States on goods shipped by them from Porto Rico to the United States between the date of the ratification of the treaty of Paris and that of the approval of the Foraker act may be paid out of the general appropriation of the Treasury Department without fur- ther action by Congress. The question at issue was whether, in view of the recent decision of the United States Supreme Court, this judgment might be paid from the general appro- priation or carried to Congress for a spe- cific appropriation. The judgment ob- tained by the plaintiffs was for $14,597, which includes the sum of $1509 interest and $90 costs. After referring to the case of Lascelles & Co., which was similar to the one under consideration and de- cided by the Comptroller in July last, he says: The only difference between the case under consideration and that case, ls that in the former Lascelles & Co. had not recovered judg- | ment against the United States or the Collector of Customs for the duties so wrongfully exacted and paid by them under protest. It would seem. to the ordinary mind that it would be a trav- esty on justice to refund duties illegally ex- acted where a judgment had not been obtained and to refund under exactly similar conditions where the persons seeking the refund had been diligent and had their rights ascertained and settled In the highest court in the land there is an appropriation available to pay tles illegally exacted, then it follows ex that the ascertainment of the fact of the | gal exaction of such duties and the ascer | ment of their amount by the judgment of a court, the only tribunal that can finally ‘and conclusively settle these questions, would not and could not have the effect to nullify the ap- propriation. It is perfectly clear to me that when section €99, R. S.. and the act of 1875 are considered with reference to section 3639, R. S., providing for the refund to importers of the excess of de- pald under protest, that section 3689 carries an appropriation available to pay jud¥ments of the character of the one under consideration. e CREW OF A SEALER IN RUSSIAN DUNGEON Tale Told by Indians of the Fate of the Missing Schooner Pioneer’s Seamen. VICTORIA, B. C., Aug. 30.—An evening paper here publishes a story to the effect that the lost crew of the schooner Pio- neer is In a Russian prison. The Times says: p Information comes from Quatsino by the steamer Queen City, which arrived from the west _coast last night, that the Indians fn that locality are once more in a state of jubilation over the prospective return of thé missing seal- ing schooner Pioneer, given up years ago as lost with all on board. The belief which they are cherishing Is that the crew and Indian hunters have these many years been in a “‘Skookum House” in ‘‘Siahlilalee’” (Russia). They have been there four years, the story goes, and will be home in another twelve- month. They were discovered, it is alleged, by a party arriving at Fort Rupert, which has since spread the news far and wide among the Indlans, Whether or not the tale has any foundation the fact remains that the mere story has created the greatest excitement among the Indians and they have already started to make preparations for a ‘“hyas’ (potlatch) in celebration of the return- of. the long-lost ones. Less than six months ago the Indians of Quat- sino gave It out that the schooner was seen drifting off shore with the eleton remains of the crew in the hold and I ied to the rigging of the craft. The story went the rounds of the whole coast and in San cisco was given particular prominence by all the papers of that city. In conclusion, however, it might be said that the mysterious disappearance of the Pioneer with her whole crew on her return from Bering Sea a number of years ago has never been explained. RELATIVES SEEKING VICTIMS OF DISASTER Bellef Prevails That Twenty-Eight Were Lost in Delaware River Catastrophe. PHILADELPHIA, Aug. 30.—It is now reasonably certain that at least twenty- eight persons perished as a result of the explosion of one of the boilers of the steamer City of Trenton on the Delaware River Wednesday afternoon. This con- clusion was reached by the police author- jties through the fact that several per- sons who are reported by their relatives or friends to have been on the steamer have notgbeen found. These missing per- sons, cleven bodies already recov- ered, make a total of twenty-eight. Ten persons are still in a serious condi~ tion as a result of the disaster. Four may die. Two bodies were recovered from the river to-day. Up to a late hour to-night they had not been identified. — Breaks Indoor Bicycle Record. NEW YORK, Aug. 30.—Jimmy Michael broke the indoor cycle record behind mo- tor pace for two miles at the Madison Square Garden track to-night, and also defeated Major Tavlor in two straight heats In their match race. Michael cov- ered the two miles in 3- ——— Electrician Commits Suicide. LOS ANGELES, Aug. 30.—Earl Phil- lips, an electrician in the employ of the Los Angeles Pacific Railway Company, committed suicide to-night by inhaling chloroform. Phillips was 23 years old. ale was in an advanced stage of consump- on. posits for unascertained duties or other moneys | FRANGE HONORS T0 RETALWTE| OUR NAVAL AN Minister of War Pays Visit to American Training Ship. s Commander Hawley the Dis- tinguished Guest at a Banqust. s . PARIS, Aug. 30.—The visit yesterday of General Andre, the Minister of War, to the United States training ship Hartford, which had put into La Rochelle to wit- ness the western army maneuvers, was the occasion of a little Franco-American demonstration. After an inspection of the cadets, who were drawn up on deck, and having been shown over the vessel, General Andre was entertained at luncheon. He ex- pressed keen satisfaction at being aboard an American ship, and said he hoped the visit would contribute to the tightening of the bonds of friendship uniting the sailors of the two nations. Commander John M. Hawley of the Hartford, in response, thanked General Andre for the honor of his unexpected visit, and promised to inform his Govern- ment of it. The ship’s band then played the “Marseillaise” and ‘“America.” A banquet was given in the evening, at ‘which all the admirals and generals were present and to which the American offi- cers were Invited. General Andre sat with Admiral Menard, commanding the northern squadron, on his right, and Com- mander Hawley on his left. R e ) HISTS LA WITH PRNES Kentuckians Shower the Californidns With Congratulations. —— > LOUISVILLE, Ky., Aug. $0.—Califor- nia’s two commanderies leave Louisville after having won more favorable atten- tion for their State and people than was bestowed upon any others. The head- quarters of both Golden Gate and Cali- fornia commanderies were crowded day and night up to the moment they were dismantled. To-day saw the scattering of the hosts in all directions. Many of the Golden Gate Commandery will visit Buffalo, New York and Washington before returning West. Only one or two will return di- rectly home. Among those are J. R. Ait- ken, Robert McMillan and Wiliam G. Lindemann. Acting Commander Moore will visit the big citles and float down the St. Lawrence. W. S. Gage and wife and George W. Lipman and wife will meet in New York. Nearly all the members of California Commandery visited Mammoth Cave to- day and to-night departed for eastern oints. All will visit the Pan-American fore going home. The newspapers here devoted a large amount of space to California and quoted with approval the welcome to cisco_extended by the two commanderies, the Grand Commandery and by Pa Most Eminent Commander Reuben F. Lloyd. All have promised the Knights a welcome in 1904. The Californians here are promising their friends the greatest triennial con- clave ever held, and are fortifled by enthu- slastic telegrams from San Francizco friends who exténded offers of support as soon as they heard that San Francisco ‘was to be the next conclave city. A banquet was tendered to Colonel Wil- liam Edwards, commandant of Golden Gate Drill Corps, this evening at the Pe: dennis Club by Mr. and Mrs. T. C. Timber- lake. A large number of Louisville people were present, and renewed assurances of the good feeling existing between Ken- tucky and California were exchanged. Bert Hillman Recaptured. BOISE, Idaho, Aug. 30.—Bert Hillman, ‘who escaped from the penitentiary on the 22d inst., was captured four miles south of Meadows in Washington County at 4 o’clock last evening. The capture was ef- fected by two farmers, Arnold and Ambs, who had been searching for him. He was brcught back to the penitentiary at 7 o’clock this evening. Sore Feet For sore, aching, itching, swollen, tired, bad smelling, chilblain feet—bathe in hot water, and then rub Hal- pruner’'s Wonderful Pain Remover in vigorously and thoroughly. Keep this up for a few days and you will be well and satisfied. s0c and $1 at all druggists—but get the genuine Halpruner's If your druggist hasn’t it or tries to sell you something else send di- rect to 23 California St. BRADFCRD QUICKSILVER MINE SAN BENITO CO. To raise money to build a large furmace on this mine we will sell treasury stock for 50e per share untll further notice. Silver Creek Quicksilver Mining Co. stock is all sold and iseued, and we are now producing quicksilver. Investigate this offer. H. R. BRADFORD, General Manager, 7 North Market st., San Jose. Prospectus and exhibits at branch office, 415 Francisco. Kearny st., San F. DE FREITAS, Agent.