The evening world. Newspaper, March 15, 1895, Page 1

‘Weather Indications: Cloudy; Colder. and guess its correct endi $1,000 IN GOLD is a pretty sum to possess. There's a way to get it, Read “A PLOT FOR A MILLION” ing. PRICE ONE CEN NIGHT EDITION SPAIN IS CALLED DOWN, Gresham Demands Immediate Explanation or Apology. CABLED TO MINISTER TAYLOR, The Spanish Minister Is Aston- ished at the Secretarv’s, Message HE OBJECTS TO STRONG TERMS. Says the Story of Capt. Crossman Shouid Have Been In- vestigated. MADRID, March 15.—The following cablegram bas been received here: “Taylor, Minister, Madrid: “This Department Is informed that on the 8th inst. the United States mati Steamship Allianca, on her homeward voyage from Colon to New York, when nix miles from the coast of Cuba, off Cape Maysi, wa- repeatedly fired upon by @ Spanish gunboat, with solid shot, which, fortunately, fell short. “The Windward Passage, where this occurred, 1s the natural and usual high- way for vessels plying between ports cf the Unites Btates and the Caribbean Sea, Through it several regular lines <f American mail and commercial steam- ‘era pass weekly within sight of Cape Maysi, They are well known, and their voyage embraces no Cuban port of call, “Forolble interference with them c not be claimed as a belligerent act, whether they pass within three miles of the Cuban coast or not, and can under nc circumstances, be tolerated o when Po state of war exists. “This Government will expect prompt disavowal of the unauthorized act, and due expression of regret on the part of \ Spain, and it must insist that immedi- ate and positive orders be given to Span- ish naval commanders not to interfere with legitimate American commerce passing through that channel, and pro- Bibiting all acts wantonly imperiiling life and property lawfully under the flag of the United States. “You will communicate this to the Minister of Foreign Affairs, and urge| importance of prompt and satisfactory response. GRESHAM.” —s GRESHAM GOES TO WORK. (Bpecial to The Evening World.) WASHINGTON, March 15.—Despite his indisposition and at considerable Personal risk, Secretary Gresham came to the Btate Department this morning | fn @ closed carriage and immediately closeted himself with Assistant Secre- taries Uhl and Adee. The Secretary Weoked worn and haggard. They proceeded to go carefully over the Allianca matter, relying largely on Assictant Secretary Adee's extensive Benowicdge of precedents. Capt. Cross- fan's affluavit and the accompanying @bart were not received until after the ew York papers were in, and a copy of “The World” had afforded ail the infor- mat.on which the document contained. "Phe aMfidavit did not add materially to the knowledge which was already on hand, serving merely to verify the pre- vious statement. The work of Secretary | Gresham and his assistants will be de- yoted to preparing the Alllanca Incident f submission to the President imme- tely upon his return. Both sides of the case, 60 far as possible, will be pr ‘gented in order that intelligent action may be had. at The President is confidently expected is evening, though i is not known) ere whether he will take the train at} Norfolk or come all the way up the ver on the \iviet. By taking the train ey would save several hours. If he Kets to _Norfolk at 8.30 this afternoon he a reach Washington by train at 11.10 Sir ime ‘The cablegram to Minister Taylor w esterday afternoon, for it to be presented to the Spanish Government before jay, and as the panish Government's reply will by nade through Minister Muruga ardiy' he: expected before Yorinarrow | ee efore to-morro earliest, and even then It will proba- f be a politely vague disclaimer of Gtheiat Joewiedse of the affair, an assur- @nce of distinguished consideration, and e lee inveatigate. MURUAGA IS ASTGNISHED. a oe erity of | son's Laat ame. 1,—As soon resham's de- WASHINGTON, as the text of Secretary mand on Spain was shown to Benor | Muruaga, the Spanish Minister, he said “1 am astonished that this course haw been taken when as yet only one side of the story has been told. and my ac- tion must be based on the ex parte statement of Capt. Crossman. ‘The Minister scanned the text of the @emaud forwarded to Spain, comment- t | agreed She RI ing on the severity of the language that “this Government will expect prompt disavowal” and “due expression of re- gret on the part of Spain,” with “imme- diate and positive orders” to Spanish naval commanders. Senor Muruaga bad received no copy of the demand from the State Dep: ment, nor any intimation that this step had been or would be taken, nor had he yet received word from the Spanish Goy- ernment. As it fad gone directly to United States Minister Taylor, vt Mad- rid, to be by nim communicated to Spain, Senor Muruaga said the course would be for Spain to make her reply to Mr. Tay- lor, who would communicate it to the Btate Department. “Will Spain apologize?” Muruaga was asked. “That remains to be seen after Spain's side of the story {s learned,” Minister THE TALENT CHILLED, Weather and First Two Favorites Against Them at Alexander. Home Run, 8 to 1, and Canadian, 4to 1, the Successful Outsiders. Mate, Backed from 20 to 1 to 5 to 2, Wins the Fourth, (Special to The Evening Werld.) RACE TRACK, ALEXANDER ISL- said he “Certainly there will be no reply until all the facts are known, not alone from Capt. Crossman, but from the commander of the Spanish gunboat alleged to have done the firing.” The Minister was in doubt as to how soon these facts could be learned, in view of the inability thus far to com- municate with the Spanish warship. “When these facts are known,” sald the Minister, “Spain will be able to act intelligently on the whole case, and not on the partial case made out by Capt. Crossman. Spain would undoubt- edly rest upon the recognized principle of International law, that a country maintained her sovereignty over the waters within her jurisdictional limits.” In this respect Senor Muruaga re- garded the terms of the demand sur- prising in asserting that interference with American ships cannot be claimed 4s a belligerent act “whether they pass within three miles of the Cuban coast or not.” This he considered a denial of the recognized soverelgnty of Spain over the jurisdictional waters of Cuba. “But 1n any event,” said the Minis- ter, “there 1s another very iniportant consideration to be observed, If the United States made this demand, then ft is vesential that the United States should take steps to prevent the ship- ping of Insurgent goods intended to be used against Spain, t has already been established that three yachts—the La- gonda, Baracga and Aniadis—were load- ed with insurgent arms at Fernandina, Fla. They had been apprehended, he said, but subseauently released, The arms were put in a warehouse pending an at- tachment, When this was settled Mr. Borden, in charge of them, had shipped them to unknown points. It was notori- ous, the Minister sald, that this traffic was going on. It was essential that Spain should protect herself or shuuld have the protection of the United States, If, therefore, a demand was made b y the United States, it would be opportune to consider what protection would be given to Spain. AND, March 15.—Ice covered everything at Alexander Island to-day except the | betting ring, where things were at fever | heat, as usual. | ‘The weather was raw and cold, and | the rain which fell froze as soon as It | struck the earth, Such a thing as post- poning never enters the heads of the management, however. Among the new arrivals to-day were Jack Adle:, the well-known announcer, and Juck Sheehan, known all over as ‘Jack's Tips.” Both came down to at- jens the opening Spring St. Asaph meet- ing. ‘The opening event gave the talent a chill, Matte Chun was backed as though everything were over but the shouting Home Run, an 8 to 1 chance, wore down the pacemaker, Marguerite, in the stretch and won handily, The latter tired badly and was beaten oui for the place by the favorite, FIRST RACE. Six and a quarcer Jurlong Starters, i Home Run, 105 (Parson). . Mat M ting, Strt. Hit tle 105, (turpis). éverite, 105 (Dufly)...+- 2 108 ' (Congion).. 108 (Ham) Pr. Klamath, 109. (Flyan) Headlight, 105 (Neary). bi Marguerite rushed to the front and cut out @ lively pace, with Mattle Chun |and Home Run close up. In the stretch Marguerite tired and Home Run, pass- ing her, won handily by a length’ and a half from Mattie Chun, who was three {parts of a length in front of Marguerite | ime—1.26 1-4, SECOND RAC longs. Botting. St, Hit. Fin. » 41 be 104 Parson) 104 (Ham) (Clare) 197. (Morris) Jon P., 101. (Duty) Litte Jim was Ohearn an ter moved up when the stretch was reached and foined the leader. In a red- hot drive Canadian won by a length from Little Jim, who was a@ length and a half before Ohearn. Time—Li4. Third e—Mile and a sixteenth.— Won by Gonzales, with Thurston second and His Grace third, Time—1.56. THIRD RACE. ‘One mile and @ alxteenth. Starters, Little J! Ohearn, Gorman, Betting, Strt. Hit, Fin, zaien, 108 (Murphy) Lagi ww | Thurston, 199° (Ham)... 1 1104 4 Hin Grace, 104 (Dorsey). even 3 2% 9 Helwood, 105 (Morris)... 652 24 Bela, Wi (C. Murphy 1 6 ‘ Forager, 86 (Barrett) TA ante 16 6 6 les went to the front at flagfall and was never headed, winning under a ‘The Minister said he was pur- suing his investigation of the Al-| lianca affair, and received tele- xvaphiec and mail reports from the Cap- taln-General of Cuba, all of which stated that there was no Information of the | Spantsh gunboat, although the offictals | along the eastern coast of Cuba, where the outrage occurred, had been on the| leokout. “For my part," said the Minister. | “this look» very much like a sea serpent | affair, Every now and then a captain | states that he has seen the Bea werent | and came near being swallowed by It. | Capt, Crossman Is no doubt a worthy officer, but It looks very much ag though | he had a dream as to seeing a Spanish | gunboat. There are no affidavits as vet, | and the proper course would be to exact | affidavits from the erew and passengers | of the Allianca and find out if they) with the statement of Capt, Crossman." ‘The State Department officals to-day | admit the correctness of the Madrid | cable, showing that Secretary Gresham hae made u protest and a demand for a| and an apology on the part of isn Government for the firing the Alllanca It is too carly to expect a response, from Minister Taylor, and when it does come it is rather expected that it will indicate a desire by the Spanish Govern- (Continued on Becond Page. Ask fer German Laundry Heap, sold by ull grocer, ewure ol imitations %° pull by a length from Thurston, who was three lengths in front of His Grac ‘The latter was second into the stretch, tired badly in the last furlong. 1.50. rime FOURTH RAC! Pour and a half Curiungs. tarters Mate, 100 Duke of Piet, tm Beas. 100 (Harn) 110. (Parron) (Nea), 100 (johnson Murphy yd0-1 15 80-1 10-1 y and won Liellewyn, a Camp, 105, ie Joker, 100 (Ai 4 Charlie R105 (Cox)... as Countess, 100 (Neary) 910 Tong Dounce, 100 (fe Sayan Spinner, (Brewer) 1a 1 iH sily itt sonCoudr chile Vall the h from Duke of Flef, who wax front of Miss dat % to 1 and 0,58 1-2. noand a half f aa, The winner ope was backed heavily. RACE, St Betting. St, Hit, Pla. Haleyon, 107 (Morris) SLeven 2 18 1! Predoricks, 106. (Duffy). i 2 R Blackburn, 99 4 Mayor 1). 104 ( S514 4 Clara Boll, 102 M1 0-15 5 6 Hialeyon led from start to finish and a lergth from Frede- won handily by Mieke, the latter was a. head before Belle Blackburn. ‘Time—1.25 1-4 SIXTH RACE, Four and a half furlons; anters. Wits Jocke aw, 110 (Ne ¢ ry By 10) <Dutty) fio. 405) (Murphy? Vari, 103 dire: ale T., 105 (Dora Columbus, 110 (Mor Clanaman, 101 (Parson| lel! Service, 105 (Ham). Ma A PRINCE IMPERIAL A WINNER. Rents Gold Dust in th RAC! March First _The Secretary of State Has His Hands Full. at New (Special to The E TRACK, 15.—The weather here to-day was clear and the track in goo Notwithetanding the latte ing was free.y induiged In. Race—BSellin DAY, MARCIE 15, 1895, [« Circulation Books Open to All.” | CAPT, CROSS REINSTATED, General term of the Supreme Court Reverses the © Dismissal, LUGKY WARDMAN GEO. SMITH, He Too Is Sent Back to the Com- missioners for Reinstate- ment. ORDER OF DISMISSAL SET ASIDE. These Men Were Tried and Found Guilly en 46 Different Charg of Blackmail. ne General Term of the Supreme t handed down a decision thie after- noon reversing the decision of the Board of Police Commissioners in the cases of Capt. Adam Cross and Ward Man Geo. First Race | Smith, and reinstating them on the po- Orleans, live force, _ . ng World) The Court finds that Capt. Cross was W ORLEANS, | Presented with forty-six charges on as | Aue. 13, 184, and cited to appear for The resul ng; six condition, fact, seratch- furlongs. Won by Prince Imperial, 8 to § and 3 to 5; Gold Dust, 6 to 5 place, was second and Senator Morrill third, Time—1.17. the Commissioners on 1 before Aug. Me On the 3ist of August the Commission- ers found that the charges were true, and he was dismissed from the police force. Twenty of the charges were not mus- It WIMAN GETS A NEW TRIAL Chief Justice Yan Broot Finds that Justice lo graham Erred in His Charge, 1S 10 CRIMINAL INTENT, This Decision Confirms the Posi- tion Taken by Justice Barrett. WIMAN SENTENCED TO SING SING But Has Been at Liberty Under $30,000 Sureties Since Last July. Judgment was reversed and a new trial Jordered in the case of The People against Erastus Wiman. ‘The decision was handed down in the General Term of the Supreme Court at 4 o'clock this afternoon. This practically affirms the position taken by Justice Barrett in granting @ certificate of reasonable doubt that Judge Ingraham erred in refusing to charge the jury as to Wiman’s criminal intent when he committed the forgeries for which he was Indicted, and of which $|,000 IN GOLD cannot be picked up every day, but there’s a chance now, “A PLOT FOR A MILLION” and guess its correct ending. name of E W. Bullinger on @ check for Wiman, to the onler of Bullinger. & Co, owed Bullinger about $10,000 for material purchased. Instead of transmitting the check to Bullinger in part payment of his ac- count, Wiman, it was charged, deliber- ately forged Bullinger's name en the back of the check and deposited it to hia own creilit ‘The second Indictment charged Wiman with forging the name Ogden Brower, Treasurer of the Campbell Printing Presa and Manufacturing Company, on a check for $5,680. This check alo wae drawn by the cashier of R. G. Dun & Co, by Wiman’s direction on Jan. 2, 1893. ‘Wiman, it Is alleged, patd the Camp- bell Company with notes and appropri- ated the check to his own use. Wiman was tried before Justice In- graham in Oyer and Terminer. He was found guilty on June 16, 18, and sen- tenced to five years and six monthe in Sing Sing Application for a stay of proceedings pending an appeal was je to the Supreme Court on Wiman's behalf, and on July 18, 184, Justice Barrett granted a certificate of reasonable doubt. ‘The following day Wiman was released from the Tombs on $3,000 ball, furnished by Charles Broadway Rous Justice Barrett's decision was predl- cated on the exceptions taken by Gen. ‘Tracy to the rulings made by Justice Ingraham. Gen. Tracy asked Justice Ingraham to charge the jury that if the defendant beiteved that under the rules of commercial law he had legal authori- ty to make a check and indorse it as he did, the crime is not forgery. ‘The Court refused to charge, as re- quested, and Gen. Tracy then put prac- tically the same proposition to the Court in several different forms, and the Court ruled against him In every Instance. Justice Barrett. in his decision, pointed out that Wiman never intended to pay the check to Bullinger, He merely used it to conceal from his partners the state of his own bank account. He had no authority to sign Bullinger’s name, but whether there was criminal Intent de- pended on the bellef which he held at the time. Judge Ingraham, he said, took two positions, one of which must be wrong. he was found guilty in the Court of Oyer and Terminer. The opinion is written by Chief Jus- tice Van Brunt, O'Brien concurring. Justice Follett writes a dissenting He charged that unless the act was committed with Intent to defraud, an acquittal must follow; but on the con- trary he refused to charge the jury on criminal intent, as asked by counsel for Bessle Merritt and Readii Second Rac Trump, 2 to 1 and 4 to 5; Mezzotint, 4 to 1 place, was second and Artless third. Time—1.22 1-2. Diamond yden, St oh, Third Race enry, 1 to EAST ST. LOUIS RESULTS. RACE ML, First ny nandoah 4 rime—1.17 1 Don't Like the 5 Per Cent, Cla J. Gratton MeMahon, counsel for the nm hattan Athieti which t* defendant in the the for whiakey, out ‘the laine imposed tri ‘allo = Boltvar, 110" (Fenaimor Intimidad, 100 (J. Bender). Sivil jce won, art 4. jennie T. waa third, Time—0.57 3-4. —Won mentary anint 8 5 and ot Was second, Time—1.18, TRACK, March 15.—The rac to-day resulted as follo Four by Del Designer se Boy th Race—Bix to 5 1tozp Race Dick, Sam Farmer, T: Primero, W Kindora aso hols, Tramp, Lena Frey. ! Ina wlso' ran, Seven furlo: 8. —Won yantotte, Lakela Buckedle und Kelly also Ix furlongs.—Won by Hi ut; Rlackball and Bir zt te a, BAST 8ST. LOUIB,| posite versions of e 8 on this track and liced Smith's case, in ruling that he Mee, #50 1 ane could not produce evidence or testimony | dd, places to show Rhoda Sanford’s whereabouts ird, Thme—O.66 1-4. | at the time of the trial furlongs.—Won by and 1 to 2; Cyantaa ; Miss Mayma third = etn asked Juss 3 per proceet fe will cine n him as on brought by James C. Grimn for $1,800 ew berger to-day allowance on ny , ‘ come up belure Judge New- ———— Pot ie segs 404 one-half fur- POLICE-CAPT. ADAM A. CROSS. ERASTUS WIMAN. tained by the evidence, and it would seem that the Commissioners had din- missed them; but they, nevertheless, find the charges true, despite the dis- miesal, There is no evidence, the Court says, that Rhoda Sanford paid Capt. Cross from $0 to $50 a month for protection; m the contrary it would seem that ver relations were confined to Ward Man Smith, | ‘The evidence of Katie Schubert is not considered worthy of belief, for the rea- son that she gave two diametrically op- story she told, In the case of ex-Ward Man Smith, the Commissioners are heli to have preju- by o1 her This was a denial of Smith's right to attack her credibility as a witness. It was shown that the woman swore before the Lexow Committee, and subsequently changed her testimony, This, certainly, the Court holds, flects on her truthfulness. Capt. Adam A. Cross and his ward man, George Smith, were dismissed from the police force on Aug. 31 last after a long trial before the Commision- ers. The only member of the Police Board voting Inst the dismissal of these wfticers was Commissioner Shee- han, fa re. the They had been tried on charges pre- ferred by Supt. Byrnes which were based upon testimony taken before the Lexow (Continued on Third Page) Cold with Riker ete 0 bottle. Money back if It fallen se opinion. ‘The Court holds that Wiman as a partner in R. G. Dun & Co, had the right to sign checks, but whether he exercised that right by express or im- plied authority is immaterial so far as Hit affects the erlme with which he is charged. He was not called upon to answer for having made the check, but for tndor to defraud. If, therefore, he had made the check to Bullinger’s order, having originally intended to deliver it to him, and sub- sequently having, with intent to de- fraud, changed hie mind and indorsed the check, he would be as guilty of the crime of forgery as though he had the original in- J made the check with obtaining the tention of fraudulently money | ‘The intent with which the was | done was an essential ingredient of the rime, and being @ question of fact and not law should have been submitted to the jury. ' Mr. Wiman received the intelligence | from his lawyers, who telephoned him at | 4.10 o'clock this afternoon. He expressed himself as being over- | Joyed, und thought that on the triai he | would surely be acquitted. | Immediately after he received the news he put on his hat and coat and said that he was going home to tell his family of the glad tidings. Mr. Wiman acted ilke @ man over- Joyed, and took no pains to conceal his elation. ‘The Grand Jury found two indictments against Erastus Wiman on Feb. 21, 184, ‘The first charged him wiih forging the act ling Bullinger’s name on it with intent! Wiman. No matter how clear the in- tent might appear from the testimony, yet It was a matter for the jury to de- termine, and the Judge should have so charged, it was claimed. ———_—__ THEY STEAL CAR"HANDLES. Brooklyn, was held by Justice Tighe in the Butler Street Police Court this morning for disposing of @ quantity of brass stolen from the Atlantic Avenue Rallread Company's stables at Seventh avenue and Twentieth street, Detectives McCormick and Dennedy, f the Fifth ayenue police station, ught young Carrol! offering some roken street car Tt found thi had been re. moved from fifteen Summer cars stored in the stables. The detectives are looking for the boys who gave the metal to Carroll. ‘They say that these boys form part of the police @ a gang that nas given great deal of treubie. —. | Mard to Get Into the U League. | ‘The proposition to Increase the membership of the Union League Club from 1,000 to 1,800 was ed at last 8 | waiting list numbers 623. — phe Starback ‘The Chapman Wrecking and Dernitk Company, which bas bees sweeping the river te Gnd the Tunken tug NB of pier 17 Kast Ri this afternoon, 100,000 Fire 1 MARTFORD, March 16.—Fire te 264 Main street, esoupted br Goi, «dealers tn Rouseturaiat 4’ $100,000" damage to man Ghee was overcome by the 2 NIGHT POLICE DICTATE TOTHE MAYOR, | Martin Doesn't Like the Civil Service Rulings, IADRENS DEFENDS STRORS, Murray Joins Hande with Ker win to Defeat Andrewe’s Schemes. ELIGIBLE LIST VOTED BOW®. It Was the Same Old Vete of Three to One en Every Rook lution Offered, Board this afternoon. resolution the question was put, President read the following resolution: Resolved: That attention of Mis Menor the Mayor te called te the fact that at thi me 281 vacanctee an patrolmen Police Department: thet one of the mente to the Civil-Bervice Board will give th reste the responsibility of making proper ments, 20 oppertunity to investigate (Be ter and fitness of the candidate Commissioner Andrews declared the Mayor had carefully considered the amendments before he had given hia approval, the Mayor understood of the amendments, else he haye approved of them. « Th iments the President char 4g a n : thority of the Police Boa: ‘a Commisioner Andrewe's answer was that he knew of his own know! that a the Mayor had n the amendments. & before roved of them and knew i abou! ug The di mn cloned at vote waa called for on th on tot af (Mae pel ist. an “ sare mmissionel lurray dec! would not vote for the resolution. said that he had personal in! 3 concerning several names on and he would not vote for bd mente unless the Civil-{ Bave o certificate that the entire honestly made up and the correct, Gen. | Kerwin view! reagon to was nothing {> support ‘the president and Commissioners Mur- resident and Commissioners ray and Kerwin voted the Intion et Commisaioner ‘The rerolution of. President, Martin was adopted, Major Andrews alone vot- a ing against i Commissioner Andrewa Strong was careless in ex ul authority. He tried 2 Board %o rescind the ry copy of the Martin reselution will ° be.sent to the Mayor, ‘2 der that the resolution tm “1 {he opinion of the Police Bo ean informal. request Fes atari thts e Cl Service rr lens The Board refused te reconi eect tion. It then went into exegutive asion and sent for Bupt. Byrnes, ——_——_—_—— mere SENATOR HILL AT A DINNER. He and Other Demeeratic Leaéese Will Discuss Reorganisation, (Bpectal to The Bveaing World.) ALBANY, March 16.—At the ange Club the Mills Club gives @ to-night that is full ef peli cance, as the ways and the New ¥: uve will glectan ss e The State bre rious county leaders, ni Hon 2faily” ae, much Dat amet ot brit both inte ‘somber confiden {hing like thelr elf-time snepe. es gold ring, the property of Mire. Cart {ng at 211 Bast Seveniy-Sret strest, The