Indianapolis Journal, Volume 51, Number 276, Indianapolis, Marion County, 3 October 1901 — Page 7

TIIE INDIANAPOLIS JOURNAL. THURSDAY. OCTOBER 3. 1901.

FOR LIFE OF J. D. KEITH

comi:st ii v it i a.m vrvnrs attom:vs i Miiti:m: toiitr. Ariimiiit li I)-fen that Dentil IVnnltj I.av I l)er-rti OJli-r .ciyi of tin ( ourt. The central cvrnt hi hlsher curt circles la the St.itchnj-o yr..trr.iy w;ts the oral argument of tin- ca.-" ia whi h Jo-i ph I. Klth U un.ltr ..--nt-i:-o to Ho Nov. 1. for having kilN-l N r.i KitVr. in Warrick county. The ir" ctiti:!i; vMr. in th: trial of th- c;i: wn- to h-AV that Keith kilN-.l his vi tini a:il threw ln-r l-ly in tj an oM wi ll n ar a i N aring on his farm in Warrkk county, :w:l that afterward, be-comlr-p iinta.y, took. 1 1 1 - l.xxiy out as; tin anil carri.'l it to a Tri! ov r Tieon crk, near llvansvilic, tlr l'pins it into tho stream. In th; arsumnt ji-tti.Iay morning the (uiniit'd man as r'irc.- nt-I by Iowitt C. Chapp' II and Frank 15. Pus-y, of KvariHvill'. Mr. l'ot-y has Uofii f'r years a Vrominnt Ünur'- In .-tato politick. Thy State's interests wert- looked after by Attorney J-ncral William I... Taylor, l'rosecutin. Attorney Thomas W. IJsvley anl ! iuty Attorney Central Cassiu.-s C llalley. Keith's counsel, in their ah!re?se?, made much of tho proposition that tho condemned mm Could hot h'i 'XeCUted betau.-;', there wn.j no law in Irnllann provMir.ir how the 'hatll penalty .shouhl exetilted viifi ti,,. verdiet at the jury was rtn.!er-.. Tln-y .uM that unoVr tho law of 1j h: woiiM iiavo bt en 'Xo Ut'J'l at th Southern prison, in jVfrro:n ii!e, but that in IV'T that prison wm? ahoiisln.d and tho Reformatory took, it- plav-, hence there was no ;vuthrn prison in wait a Keith could be execute.. The L'-Rislatun; of l!t amcnII tho law of lvSy, jiinl provi.Jf.l that the h-Htli penalty shouid he ln.Mieted at Michigan City for all counties in tb:- State. Th Stat, by tho attorney genera!, the proecutiriK attorney and tiij !ejuty attorney peneral. contended that the act of was not jupr:-eieol l.y the reformatory law, anl that the prison was not abolished, although the name was changed and some of the functions of th institution wer? ( h:iiKcil. It was also argu l by the State s counsel that the act of the last legislature was passed before sentence of le.tth was pronounced on Keith, and. ince tho law 111 riot change the character of the punishment nor add any new punishment, therefore it was r.ot what is t-hniea!lv known as an. ex post facto fatter the fact') law. Attorney CIcneral Taylor read the definition of murder in every statute passed, not only in the Northwest Territory beginning with 17s7, but also by the Legislature of Indiana Territory beginning in 17, and all the definition of the crime made sino that time. Mr, Taylor also read tho method jwescTihed for inflicting the death penalty. "The definition of murder," he said, "haa been substantially the same since I7i7 down to l.vl, and at that time the option was Kiven to juries to imprison for life instead of commanding that tho death penalty bo infl'cte.1." Mr. Taylor said there was no statute down to 113 that provided who should execute the death penalty or where it ouM be inflicted. In that year, he said. It v.-as provided that the sheriff of the county in which the defendant was convicted should execute the death warrant, lie said that up to that time clath warrants were all executed by sheriffs, but Mich execution was pursuant to the common law. "If all the statutes on the subject of defining the place' and manner of executing criminals and naming the oflicer who shall execute the same were, abolished." declared the attorney general, "the common law would furnish a completo process." " Resides the proposition mentioned. Counsel for Keith relied chiefly upon three points to pave their client: First, that tho killing of Nora Kifer had not itself been proved; Kfcorwt, that the body could not have been identified; and third, that the evidence of three persons tending to show that some other person had committed the murder, if committed at .all. was wrongfully excluded by the trial court. CON KEY ST It IK Kits CASE. ArKanieut Heard by- Jndtte Raker In the Federal Court. Judge Daker, of the United States Court, yesterday heard the arguments of the W. J. Conkey Company, of Hammond, against thirty-eight strikers. The court some time ago issued a temporary restraining order against the strikers interfering with workmen who sought places at the Conkey j rinting plant, and the argument yesterday was hs to whether or not that order fchould be continued. The attorneys for the strikers raised the question of the court's jurisdiction by riling a plea that six of the men against whom the restraining order was issued were residents of Illinois. Incisions relating to the court's jurisdiction were cited by the attorneys on both sides. The contempt proceedings that have been filed against a. number of tho striker because of an alleged infraction of the court's restraining order will be h?ard by Judje Uaker today. et 9?,2."0 for Loss of llntband. The Supreme Court yesterday affirmed the decision of the Marion County Superior Court In rendering judgment for damage ajaiust tho Pennsylvania Railroad Company in favor of Lettlo K. Martin, administratrix, for the death of her husband, a Monon engineer. Her husband was killed in a. collision with a Pennsylvania train between the Massachusetts-avenue depot and Washington street. He was Kicking his switch engine when the Pennsylvania train, at the rate of thirtv miles an hour, ran into his engine. The Supreme Court held that the Pennsylvania was negligent through Us engineer by running faster than the lawful limit. , Drunken 31 an Hit Kiionrliip. ly. The Appellate Coi:rt. by Judge Comstock, decided that Oliver J. Dudley's judgment for JlSo recovered against the Northwestern rienevolent Society in the Sullivan Circuit Court on account of a bite received from a drunken man in a scuttle was not good. Iudley claimed that the man was too drunk BOXES OF GOID. Scut for Letters About (irnpe-Nu (n. 3.7) boxes of gold and greenbacks will be rent to persons writing interesting and truthful letters about the good that has been done them by the ue uf J rapt-Nuts food. ' lo little boxes, euch containing a $10 gold piece, will be sent the JO writers of the most Interesting letters. : boxes, each containing a ?" gold piece, to the next most interesting writers, and Jl greenback will go to each of the next liest. A committee of three not members of the Postum Co. will make decision between Iee. 1st and loth. Lid. AVrite plain, sensible letters, giving detailed facts of ill health caused from improper fol cd explain th improvement, the gain in strength, in weight or in biaia power after using tirape-Nuts food. It i.4 a profound fact that mot ails of humanity come from improper and jionliourishiiig food, such as white bre.td. hot biscuit, starchy and uncooked cereals, etc. A change to erfectly cooked, predigested food like (Irape-Nuts, scientifically made and eontainlug exnctly the elements' nature requires for building tin dilicate and nuni!rful cells of brain and body. qukkly hare a half siok person to a vll perron. Pood, good food, is nature's sdronges-t Weapon of defense. Include in th" letter the true nam. s and addresses, c. it fully written, of it p.-rsons jiot very well to whom we can write regarding the food cure by Jrapo-Nut. Almost eery one interested in pure food Is willing to have his or lier iiarnc uppr.ir In the p.ipera for such hlp an they may effer the human race. A request, however, to omit Htm" will 1 e re.-p.-te. Try for on of the prices. Every one has an eoul how. Don't write potrv, bit jut rionrst and inter .vting (.ms about the good you have obtained frorn the juie food ;rap-Nuts. if ;t man or woman has foni-d true way to get well and k. cp well n houhl be a pleasure to Ktn h a helolr" r-snd to humanity bv tilling t1(. facts. Write your name and address philnlc o;. lttT and mail jromptIy to the Postum Ctrtal Co., Ltd., UattU Crrk, Mi-h.

to know he was biting him. and that therefore thy bite was an accident. Judge Comstork's deeij-ion sermd to intimate that if this wer true the hociety might b llabbfor accJdtnt insurance, but declared the eld'nc showed tliC allege! drunken man knew what he was doing all the time.

Federal Court Utile A nie tided. Judge John H. Piker has amended rule No. 2s of the United States District and Circuit courts to read as follows: "Every ptrty recovering a judgment shall bo entitled to simüar remedies upon the sam by ex :utln or oth- wi?-, a- now or may hrafter b" provic d bv the 1 iws of the State of Indiana, an all laws of the State of Indiana which no..' or hereafter provide s'H h remedies are hereby adopted a1? a part of the general rules of this court." Hunds AVer Full When ( r Sturted. William C. Wampner yite!.lay filed suit against th street car company for $1') damages, lie alleges that while he was recovering from illness he was thrown from a car that started t--o soon while he waa in the act of alighting, lb- says that he had a basket in one hand and a chicken In the other when he attempted to get off, and that the conductor saw him but was negliKent. He avers that be received permanent injuries. Chnne In Higher Court' Library. The resignaion of ciarrett fl. Driscoll, assistant librarian of the Supreme and Appellate C'Xirt Library, was formally accepted yesterday, and the appointment of Lee Oriiar o'JIorrow in his place announced. Will of Samuel W. MeMnliun. The will of Samuel W. McMahan, probated yesterday, leaves all of his property to his wife during her life, and then it is to be equally divided among his -children. William M. t.iirde liiniic. William M. C.arde. fifty-two years old, living at No. South Summit street, was yesterday adjudged insane. He imagines tha.t ho is young and that he had been dead. the cm.'itT HEcomi. SCPIiEME COURT. DIR 1.. C. C. & St. L. Railway Company vs. Martin. Marion S. . AtMrmed. Paker. J. 1. Only those matters that are already properly in the transcript as a part of the record may be brought into the transcript of a bill of exceptions by reference. 2. ,n engineer running a switch ngine over a stmplicated system of tracks used by different companies has the right to go about his business obeying the ordinances and rules established for the safety of all. on the assumption that others wiil do likewise; and it is only when, on the particular occasion, he learns, or by the exercis of reasonable diligence under the circumstances might have learned, of the negligent conduct of others, then threatening, thnt he is n-qulred to exercise reasonable care to avoid injury. :. To raise any question upon the action of tho trial court in sustaining objections to questions asked on offer to prove must be made at the proper time. LC9Ü. Johnson vs. Oehbauer. Hamilton C. C. Order of transfer set aside and case recalled. . llttK. 15. & O. K. W. Railway Company vs. Jones. Jennings C. C. Leave granted to make marginal notes. l!öW. Schräder vs. Mason. Warrick C. C Motion to dismiss postponed till final hearing. Minutes. 10724. Knickerbocker Ice Company vs. William H. Lewis. Laporte C. C. Praecipe. Notice. L'Km. Joseph P. Keith vs. State of Indiana. Gibwon C. C. Attorney General granted leave to file brief (see order.) Appellee's brief (S.) APPELLATE COURT. 3X82. Till vs. Collier. De Kalb C. C. Affirmed. Henley, J. 1. A married woman is bound by an estoppel to pass the same as if she were unmarried. 2. Where money is borrowed by the wife, or by the husband and wife, or by either of them, for the purpose of discharging liens on the wife's separate property, a mortgage executed to secure the repayment of the money so borrowed is a valid incumbrance upon the property. 3478. Northwestern, etc.. Society vs. Dudley. Sullivan C. C. Reversed. Comstock, J. 1. While drunkenness is no excuse for crime, the law recognizes, both in civil and criminal proceedings, that one may become so Intoxicated as to be Incapable of having an Intention. 2. Where payment is an admitted fact it is not essentially necessary for the court to make such finding. 3. A finding must be supported by the evidence. 4. Evidence to support a finding that a person did an act unintentional must be sufficient to overcome the presumption that men's acts are intentional. COGS. Halstead vs. Gray. Marion S. C. Dismissed. 4UG.. Harlow vs. First National Bank. Jackspn C. C. Motion to dismiss overruled. Shunk vs. Falconbursr. Marshall C. C. Dismissed. 4öu3. Indiana Railway Company vs. Wadsworth. Elkhart C. C. Leave granted to make marginal notes, etc. 4t'5. Monteith vs. Enameling. Howard S. C. Petition to advance denied. Minutes. 34,d. Van Camp Hardware Company vs. Pansy S. O'Rrien. by next friend, etc. Marion S. C. Appellee's brief (S.) Famous, Manufacturing Company vs. Henry Harmon. Porter C. C. Appellant's request for oral argument. 4y. Poard of Commissioners of Miami County et al. vs. William E. Mowbray. Miami C. C. Appellants' brief (S.) 4us7. Board of Commissioners of Miami County vs. Julius Falk. Miami C. C. Appellant's brief (s.) SiitS. Patrick E. Cox v. James C. Peltier. Allen S. C. Leave denied appellant to tile reply brief. 3t. William Noonan vs. George Jl. Pell et al. Plackford C. C. Leave to file reply brief denied. 34J. James If. Matehett vs. Anderson Foundry and Machine Works. Marshall C. C. Leave to file appellee's brief denied. CO..). Cornelius M. Horner vs. Hugh Lowe. Cuss C. C. leave to file reply brief denied. 3S1. Monroe W. Fitch et al. vs. Kittle Long et al. Allen S. C. Appellees' petition to file briefs overruled. 3?Jo. Aaron N. Duke3 vs. Charles S. Barb et al. Allen S. C. Appellees' petition to file supplemental brief overruled. 30. Charles H. Dudgeon vs. Mary C. Bronson et al. Allen S. C Petition for leave to file replv briefs denied. .T.'Ni-. City of Elwood s. Martha J. Latighlin. Madison c. C Appellee's brief S.) 4ir. Louie lngelseii et al. vs. William A. McGregor et al. Posey C. C. Notice serve d on c oapin llants. 41.VI. Andrew Dallas Branstrator et al. vs. Catherine A. Branstrator. Allen C. C. Notice served cm co appellants. 11. C. I. NL- E. Railway Company vs. William L. Little et al. Delaware C. C. Joinder In error. New Case. 417.. The Palmer Steel and Iron Company vs. Heat, Lieht and Power Company. Delaware C. C. Ib-cord. Assignment of errors. Notice. SUPERIOR COURT. Room 1 John E. McMaster, Judg. Rutherford B. Fishback vs. Eula E. Fishback; divorce. Plaintiff, dismisses at his cost. The Massachusetts Mutual Eife Insurance Company vs. Alice M. Roney et al. ; foreclosure. Plaintiff dismisses. Costs paid. Charles M. Clark vs. Harry B. Burnett et al. ; to set aside deed. On trial by court. NEW SUITS FILED. William C. Wampner vs. Indianapolis Street-railway Company; damage. Demand. 51V. circuit Court. ' Lydia O. Dillon vh. George Dillon; divorce. Circuit Court. Sophia Fox vs. Henry J. Fox; divorce. Superior Court. Room U. Abraham Davis vs. Walter Davis; divorce. Superior Court. Room 1. Anna M. S hnell vs. Henry Schnell; divorce. Superior Court. Boom 2. William Henry Porter s. Bertha Porter; divorce. Superior Court. Room 2. Mande B. WlN-m vs. Ernest Wilson; divorce. Circuit Court. Rosie chance vs. Pominico Chance; divorce, circuit Court. Rutherford B. Fallback vs. Lulu Fishback; divorce. Superior Court. Room Lenora G. Kilev . Marry I '. Riley; diorce. Superior Court. Room 2. Catherine G.sway vs. John Gas way; divorce. Superior Court. Room Harry J. Mllliuan vs. Willard W. Hubbard et al.; on note. SujTior Court, Room 1. Ida G. Smith vs. Thomas E. Johnson t al.; to quirt title. Superior Court, Room Z. liitrle ! ii ee!i t Den!. Charles E. Coodn cht. of ci Cincinnati street, died st iday morning at hi home of pneumonia. He had for many years been employed at the Union Station, where he recntl served as Kitcmuu. He was unmarried, and lived with his parents. The funeral vill be held from his home at 2 iclot. k to-morrow afte rnoon. Mi s. Austin's Pancake Flour mak s lovely paiuakis. muffin and gems. o good you always ak fvr more.

WOMEN'S HOT POLITICS

.MI?S ETTA HIIIK'S FACTION IN r athiiom: msteips wns. The Other. Mile Vi'n O vereonlidenttirniiel Loduc, Iv. of P., DismiNMeM u Woman In ict,rtar Ollice. The lat session of the Rathbone Sisters convention opened yesterday with clouds of war hanging over the assembly room. The last day always is one of exciting incidents, the chief among which is the election of officers. For some years past the selection of the grand officers has been accompanied by factional strifes. When the reports of many minor committees had been read the call for the election of grand thief was made. There were two candidates Miss Etta Houk, of Greenfield, and Dr. Mabel Teague, of this city. Miss Houk represents one faction which made a vigorous fiht for the ollice last year but lost, it was thought this year by the members of the other side that when Miss Houk's name was proposed this year she hardly would be recognized. The other side therefore organized no "machine" for the election of Its candidate. Miss Houk's friends had been working assiduously in the meantime, and when the time for voting came she received the narrow margin of three votes. When the result was announced the other side rallied I their arms, as they saw that they were confronted with a good organization. The ollice of grand senior was the next onice to bo filled and Mrs. Anna Cooper, of Greenfield, was elected unanimously. Mrs. Cooper was not present at this stssion. being detained at home on account of sie-kne-s.-. For grand junior there; were two candidates Mrs. Kirkpatrick and Mrs. Susie Dicks. Mrs. Kirkpatrick w;,s the choice of the; convention. '1 he other officers elected were: Grand manager, Mrs. Taylor. Delphi; grand mistress ot records and corre spoudence. Miss Louise Decke r, Noblesvillc ; grand iiiisijess of tinance, Mio.s Ricy Cartwright, Mount Vernon; grand protector, Mrs. Bain, Decatur; grand outer guard. Mrs. Knapp. Whiting. Last night around the headquarters of the Rathbone Sisters in the English Hotel there prevailed much chagrin at the result of the day's balloting. The faction which was in opposition to the new grand chief was in tho majority, it was said. . . K. tIF I. t;it AND LOIK.E. liitou II. Iluut and A. C. lluwkiii Supreme Representative. The Indiana Grand Lodge, Knights of Pythias, concluded its business yesterday and adjourned. The work yesterday consisted of the installation of the newly electeel officers and the vote upon the new constitution. There was much opposition to the new manual presented for adoption and a strong majority voted against it after lengthy speeches. The general opinion was that it would be better to amend the old constitution as occasion uemanded, rather than adopt a new one. The matter of assessing members for the benefit of the K. of I', sanatorium at Hot Springs, Ark., came up for discussion. There seems to be much objection, and the decision was set ovvr until next year and will be referred io the subordinate lodges. Other business transacted was the election of Union B. Hunt, of this ciiy, and A. C. Hawkins, of Evansville, as supreme representatives, and the ordering of Frank Bowers, keeper of records and seal, to dispense with the services of his woman clerk and th1 employment in lur stead of a member of the order in good standing at J)ou a year. Many of the lodges have objected to the employment of a woman in the office for the reason that some of the secrets of the order must become known to the clerk. Thtre was no objection made to the young woman who has been employed. In Honor of Mr. Ilookwnltcr. The members of Indianapolis Lodge, No. 56, Knights of Pythias, will hold a public reception to-night In honor of the grand chancellor, Charles A. Bookwalter. Other grand officers will be present and several short speeches will be made. Refreshments will be served during the evening. All visiting members of the Knights of Pythias in the city are requested to attend. EVANS IS ANGRY. (CONCLUDED FROM FIRST PAGE.) get away. The Brooklvn was then swing The ing around toward the Spanish Meet." "How rear was she to the Texas?" "I could not give an estimate of the distance.'' On cross-examination Commander Sharp wus iiiestioned in -great eletall by. Captain Parker in regard to entries In the log of the Brooklyn for the period covering the Cuban campaign. He referred to the entries concerning the Vixen's firing upon a locomotive engine on shore near Santiago, taking it for a gunboat. He elicited from th witness the statement tnat at that time the Vixen must have been very near the shore. Captain Parker then questioned Captain Sharp concerning the notes made ot the battle of July 3, by Lieutenant Harlow, cm boarel the Vixen. This report has occasioned no little controversy, it being declared by some of Admiral Schley's friends that after a copy of the notes was delivered to the admiral then commodore) by Captain Sharp, they were changed somewhat. The witness said he baa taken a carbon copy to the cejmmodore after the battle. "Do these notes state the truth of the battle as you saw it?"' asked Captain Parker, and the witness replied: "These are Lieutenant Harlow's notes. He took them and I am not prepared to say yes or no whether they are absolutely correct in every particular or not." "Haven't you read them over several times?" T have." "Now, are you not prepared to say to the best of your knowledge and belief thty contain a true statement of what Lieutenant Harlow saw?" "I cannot tell what Lieutenant Harlow saw." "You do not know whether they (the notes) are true or not from having re-ad them over several times and from your own knowledge of the battle?" "In the main and essentials. I should say that the notes are true, but there may be mistakes and probably are mistakes in them.' Commander Sharp said in response to questions by Mr. Raynor that one of the results of the bombardment of the Colon had been to develop the Spanish shore batteries. Mr. Raynor then asked: "Do you recollect a conversation with Commodore Schley after the Colon rec onnoissancc. in the presence of Lieutenant Harlow, in which the commodore remarked that his purpose had been to develop the strength of those batteries?" "1 reallv elo not remember," was the response. "I wish 1 could." In response to a question by Mr. Raynor Captain Sharp said that the position of the Vixen during the blockade was not correctly given by the official chart?. He was nearer the shore than these show. CHANGES IN THE NOTES. On redirect examination Captain Eemly brought out the fact as to the change in the Harlow notes. Judge Advocate Did you attach to your official report of July Z a copy of the notes of said action? "Yes, sir." "Where did you obtain this copy?" "From the executive officer, Lieutenant Harlow." "Did nu at the time know whether there were any differences between this cony aattached to your official report and the copy as it appears in your log book?'' "Yes. fir. 1 mean there were some slight ciiff re nee s." "From whom did you learn that there were differences, nud was any explanation made . f this fact to you?" "When I w.i.-. writing my report of the action of July :;. 1 said to Lieutenant Harlow. 'I dc.-dr' a copy of your notes during th action to accompany my report to the admiral." His reply as 'near as now reme mbcr it whs: 'Those notes were taken for the r presi nta lives of a newspaper on board the Brooklvn iinl I will have to make some . chanties in them.' I raid: 'Very well. 1 wish the notes to go with my report. II; afterward fcu'rnitte)l the not written in script, which read over and Inclosed in my report to the admiral." "Mention has been heard of the ropy of the notes sent to the Brookln, which were printed on board that vesl. p0 you recogniic that paper (handing him a printed pa mphlet?! "I have fccca a toy vf UU befcre. IX

I am not mistaken several were sent to the Vixen." "What does it purport to be?" "An account of the engagement with the Spanish squadron as seen from the United States ship Vixen. July United States Brooklyn, flagship." At this point" Judge Advocate Eemly had the witness compare the original copy of the Harlow notes with the copy printed on board the Bnxiklyn; with the result ef showing that the notes had been changed before being printc-d so as to make the account say that at l1:. the two leading ships of the enemy "bore well on the Brooklyn's starboard quarter." instead of on her "starboard bow," and that at 11:43 the Brooklyn was "one point on port bow," Instead of "one point on starboard bow." The court then adjourned for luncheon. EFFECT OF TIIE CHANGE. When the court reconvened, Captain Lemly continued the examination, leading up to the luestion: "Then the Brooklyn is placed further ahead by the printed copy of the log. is she not?" "Either further ahead or the Spanish vessels further astern." "What is the effect of the difference between the copy of the los book and the notes?" "The copy of the Brooklyn printed notes would put the Brooklyn further In shore or the Vixen further out, sir, as the case miRht be." Cross-examining the witness Captain Parker elicited from him the statement that the printed word "starboard" in Lieut. Harlow's ei;try for 11:43. as printed in the Brooklyn print of the notes, corresponding with the official print, as given in the appendix, that word being given In place of the word "port," as originally stated In the notes. Captain Parker asked whether it was not true that all the changes from the original copy apjaring in the Brooklyn print had been made by Lieutenant Harlow himself before h-3 delivered the transcript to him (Sharp) before they were given to Commoelore Schley. The witness replied that he did not think so. Captain Parker You can hardly remember at this time whether the Brooklyn was on the starboard or port bow, can you? "Yes, sir; my impression is that she was on the port tow. After we had passed Acerraderos. standing to westward, my impression is that the Brooklyn was on the port bow during the entire run to the westward until she turned in at Rio Tanjuino." "That is an error undoubtedly about the Brooklyn being on the starboard bow. It was on the port side." "It is slated there officially." "Yes. it is stated ofiiclally and signed by Lieutenant Harlow. 1 think it is an error and the mention of the M assachusetts is an e-rror. as sh-3 was at Guantanamo at the time." Mr. Raynor Do you remember that when you handed to Commodore Sciiley the typewritten transcript of the Harlow notes from which the pamnhlet was printed that you said: "Commodore Schley, these are the true notes of the tight, which will stand." "I have no recollection of usins such language." In response to question Commander Sharp srdil that according to Lieutenant Harlow's notes, as recorded In the Vixen's log. the flagship New York had come up about an hour and fifteen minutes after the Colon had surrendered. The record read that the New York arrived three to five minutes after the arrival of the Vixen, which had been at The court here asked a number, of questions, which, with the response, were as follows: "Were the positions of the Brooklyn and the Oregon relative to the Vixen during the buttle July C, taken from Lieutenant Harlow's notes, or from your personal observations?" "From my recollection of the fight that day." COULD NOT SEE SHOTS. "During the attack on the Colon, May 31, could you see if the shots from the squadron struck near the enemy?" "I coull not, because the entrance to the harbor was not open to me when the shots of the vessels ahead were falling." By the court What conversation, if any, had you with Commodore Schley relating to the object of bombardment on May 31, whiie you were taking him to the Massachusetts? "The only conversation I remember was that relative to what should become of the Vixen after the commodore had left. I have no other recollection about thil." By the Court-How near were the Spanish vessels to the Brooklyn at, the time you saw her turn to go south July U'.' "I could not give a. convct estimate." By the Court What signals, if any, were, made by the Brooklyn from the commencement to the end of the battle of July The Brooklyn lud hoisted a signal, 'Enemy attempting to escape.' That is in the notes. There may have been others, but 1 do not lind any here." By the Court At the time the Brooklyn commenced tö make the turn you have referred to. how near to her was the nearest vessel of the enemy? "I could not state-with any definiteness." By the Court State the orders under which you acted when on blockade off Santiago. "My impression is that I received my Instructions from Commander McCalla to go inside of the line of the vessels and to the seaward of Santiago about two miles that Is. for the '2'jih, IMh and Slst of May." Captain Sigsbee was then recalled to correct the official copy cjf his testimony of yesterday, but befere he proceeded Mr. Raynor asked him whether, "in view of the state of the weather and the sea on May 1'.". ships could have coaled with safety to themselves." Captain Sigsbee replied: "Possibly, yes. on tne evening of the 2(th. but at iisk of danger to tho ships. The weither had somewhat abated and I cannot say that It would have been Impossible." Captain Sizsbee also made an addition to his statement of yesterday concerning any statement that he might have made to Admiral Sampson or anynne else to the effect that Commodore Schley was blockading Santiago harbor twenty-five miles out at sea. He said: "I did imt and never have stated that Admiral Schley was blockading twenty-live miles out at sea." MEETINGS OFF SANTIAGO. The court asked questions of Captain Sigsbee as follows: "You have stated there were two meetings off Santiago while you were blockading there, have you not?" "I stated that to the best of my recollection there were. I am not too firm In that belief. I am positive there was one." "Upon what ship or ships were these meetings or this meeting held?" "Either the Yale or the Harvard. One, 1 think, was held aboard the Harvard, Captain Cotton's vessel. If another was held at all, it was aboard the Yale." "Were the meetings accidental, or by order of the senior officer present?" "By order of the senior officer present, 'Commanding officers will repair on board,' or some such signal." "What was the oDject of those meetings of commanding officers oft Santiago?" "They were informal meetings to talk over the situation. 1 remember 1 objected to one because the Spaniards might come out and catch us out of our ships at any time, and wanted to go aboard my ship. This meeting was broken up on mv account. It was reftrrenl to by Captain Wise, and, of course, it shows u meeting with Captain Wise." "Were any orders of the Navy Department read or discussed at these meetings?" "1 cannot now recollect c'istinctly. I presume they were." Mr. Hanna then handed to Captain Sigsbee a press copy book containing the order to himself in response to which he had proceeded to Santiago with tho flying squadron. The dispatch read: "Proceed at once off Santiago. The Spanish fleet is reported there; communicate occasionally." Captain Sigsbee said the dispatch was correct. He was then excused. He was succeeded by Lieutenant James J. Doyle, who was dispatch ollice r on hoard Commodore Schley's flagship, the Brooklyn, during the Spanish war. '1 bore was much interest In his appearance, as he is the first of the Brooklyn's officers to be called to the stand since the inquiry began. He was called by the department, but when Captain Lemly had concluded his examination Mr. Raynor announced that It bad been Admiral Schley's intention to have Lieutenant Doyle summoned as a witness in his b half, "lie therefor', with the consent of tho court, questioned the witness as if his examination had been in chief and did r.ot confine himself to cross-examination. WHAT THE BROOKLYN DID. In rsponse to e-ucstions by Captain Lemly. Lieutenant Doyle said that during the battle off Santiago be bad had charge of the two waist turrets. He had. he said, written tho log, giving the account of tho battle as there recorded, but afterwards an addenda had been made by the navigator. When the Brooklyn steamed westward witness was hrst in the port turret and then in the starboard turret. "Did you have an opportunity of observIf.K whh h way the vessel turned?" Captain L-ml asked. Witness responded in the affirmative. He said, however, that he did not hear orders given to the man at the wheel. "What did you observe?" "I observed while in the port turret that we had an opportunity of firing at the Spanish shlys. und the turret was trained

nearly ahead. The Spanish ships were a little bit then on our port bow. and we lost sight of them by mr ship turning with a starboard helm. Then it was that the order was given to man the starboard battery, and as I crossed from one turret to the otKer 1 observeel the Spanish ships a little bit on our starboard bow. As soon as I got In that turret I swung the gun sharp on the starboard bow. In the meantime some of our own guns had fired, probably in the forward eight-inch turret, so I could see nothing at ail for the dense smoke. While in that position, and while the turret was being trained. Mr. Mason, the executive officer, passed down the starboanl gangway calling, 'Sharp on the starboard quarter!' and I accordingly trained the turret around ami picked the Spanish up on our starboard quarter, ami from then on it was a constant train of the turret until we had the Spanish, ships about ahead." "What do you mean exactly when you sav the vessel turned with a starboard helm?" "She was then turning with a starboard helm, because that is the reason we lost sight of the Spanish ships." "But yeiu do not mean, if I understood you. she made the full turn with starboard helm?" "Oh. no; at that time I was under the impression that it had. y.es." "How did you come to enter In the ship's lox that the vessel turned with a starboard beim? Dei you recognize that log (handing him the Jog of the Brooklyn?") "I do." 1JC THE BATTLE. The witnesa tdvn in response to a request read to the court that part of the log book which relates to the turning of the port helm, as follows: "At 9:30 went to quarters föi muster and inspection and immediately afterward the Spanisn S'iuadron was noticed coVdng out of the harbor. The leading ship, the Maria Teresa, flagship, opened fire at once. This ship (the Brooklyn and the other vesse ls, namely. Texas. Oregon, Indiana, Iowa, Vixen and Gloucester, engaged the enemy at once. The enemy stood toward us at first, then put helm aport and stood along shore close in to the westward. We engaged with port battery at first, standing in for the Maria Teresa, the Colon and the Viscaya, all three of which we engaged, but Just as soon as the enemy stood to the westward put helm to port, swinging clear of the fire of the Texas, so as to bring the starboard battery to Lear and stood parallel to the enemy." t The witness then stated that the original entry in the log had made it appear that the helm was put to staijboard instead of to port, as it appears In rhe permanent log. The change, he said, had been made on the 6th of July, two days after the action. Asked whv he changed it, Mr. Doyle said: "I changed it after I had had a discussion with Sharp. I had been under the impression, -es I have stated, that we had turned with a starboard helm. Sharp was aboard the Brooklvn on July 5 to luncheon with us. and I had a discussion with him that day on that subject. I think that is the time I changed It." . . , "Do vou know whether the navigator had then sijned the log as correct?" "I do r.ot, sir." "Why were the interlined words put in? "The-y were put in. 1 think, in fact. I know, at the suggestion of some person, probably the navigator. They were put in evidertlv after the log was written up, because they are interlined." "About how was the ship heading at that time within the quadrant of a circle southward to westward, northward to eastward?" ...... , u "We were beaded at the beginning of the battle in shore, that is to say, the head of our ship was probably about north, and as soon as the Spanish ships came out and I -ot on top of the port turret the ship was then moving ahead and turning with port heim because the Spanish ships were a little on our starboard how. but we were running the port battery and started to swing lrt and brought the port battery into a '-Hon Wo must have continued around the-e as I now know, but when I was in the starboard tun et we lost sight of the -hips because they weie em our port bow. A LONG TURN. "The effect then of putting the helm aport. omitting the interlined words, in order to bring the starboard battery to bear, would be to send the vessel through more than ISO degrees, would it not, in turning?" -Certainly, yes. We were headed about northeast, and that would mean more than lft"IiuTvfcfar were the Spanish ships from you af that time?" "When we took them up on the starboard quaru-r after we made part of the turn, as 1 remember the range, it was l,4u0 "How do you vevify that range?" I have no way of verifying that. Y e bad to take the ranse- giveji to us." "What I mean by verification is as to whether or not shots were lirtd at that range and how they fell?" "1 did not see the shots. f I fired at that range. I fired one I know." Mr Raynor then took the witness and asked him if it were not true that the change in the log was not due to an error on the part of the witness and to no desire on the part of anybody to falsify the facts. "Absolutely," was the response. "And the error," continued Mr. Raynor, "occurred, as I remember you to say, in this way: That, during the action you could not see on account of the smoke, and thought the ship did turn with starboard helm and was, so entered." ... . , Ye " was the rely. "We lost track of the enemy in the first instance with the port battery bv our own bow shutting the enemv out and showing that at that time we must have had our helm a little starbard or that the enemy was going with starboard helm." "And when you learned you had been mistaken you made the changer T changed the entry, and I think if you had the rough copy here you would find it was changed in my own handwriting. WITNESS FOR SCHLEY. Mr. Raynor then stated to the court that It was his desire to treat Lieutenant Doyle as a witneu for Admiral Schley. To this the court assented, and Mr. Raynor asked the witness a series of questions calculated to bring out a brief history of the Brooklyn's part in the Santiago campaign and a full statement of his observations while an officer on board that vessel. Mr. Doyle said in response to these questions that while at Key West, which port the Brooklyn had left at the head of the riving squadron on May ID, 1VJS, he had heard nothing of the Spanish ileet nor had he then bten informed of a secret code of signals arranged by Captain McCalla for communicating with the Cuban Insurgents. Relating the particular of the blockade off Cienfuegos by the flying squadron from the 21st to the 24th of May Lieutenant Doyle said he recalled the arriral of the Iowa and the Dupont off Cienfu"gos on May 22. of the Hawk on the 23d and ;f the Marblehead on the 24th. He said he had observed three lights which looked llie bonfires on the shore each night that the squadron lay off Cienfuegos, but that neither he nor any one else on board so rar as he knew understood their purport. He also told of a reconnoissance of the harbor at Cienfuegos on the evening of the 22el of May. of the conversation with the officers of the British ship Adula and of the arrival of the Marblehead nnd the departure of the entire squadron for Santiago after the last nameel vessel had made communication with the Cubans ashore. Then, he said, on the night of the 21th the ships formed In squadron and started eastward, the speed at first being nine knots an hour, but afterward being reduced to accommodate the small vessels, the Vixen and the Eagle. When they made their start there was yuite a surf, a "long swell of the sea." and on the 25th the weather was still worse, making it very difficult for the yachts to keep up. Lieutenant Doyle placed the distance of the American fleet off Santiago from the mouth of the harbor at from three to four miles, and said there were picket boats on the inside of the line. Hero Mr. Raynor asked; "When was the circular form of blockade commenced?" While no mention was made of the name of Admiral Sampson this question was evidently regarded as an attempt to firing his blockade int. the case for purposes of comparison, and Captain Lemly was prompt in noting a sharp and vigorous objection. Without waiting for any argument on the point the court immediately announced a brief recess. The members retired for a minute or two and when they returned Admiral Dewey said: "The court decides that all questions relating to the blockade off Santiago must be confined to the time prior to the arrival of the commander-in-chief." The court then adjourned for the day. Heavy Arrivnl of Klondike Ciold. SEATTLE. Wash.. Oct. 2. -The steamer Humboldt has arrived from Skagway with 216 passengers and over 51.0-.ö.) n grild Half of this is in care of the Alaskan Express Company. The Humboldt brines news that Sept. 2T. the firt day on which press dispatches reached Skagway from the States, was regarded a an epoch in Alaskan history. Pendln; Combination In Lend. PHILADELPHIA. Oct. 2. The Evening Telegraph to-day prints a tory to the effect that a combination of all the lead interests of the country into one large company with a capital of about Jlio,iKooa a probability of the near futuru

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