Indianapolis Journal, Volume 52, Number 28, Indianapolis, Marion County, 28 January 1902 — Page 7

THE INDIANAPOLIS JOURNAL, TUESDAY, JANUARY 28, 1902.

m mm m mm w i rm "m. m du. HAUiiv J. zeigler uoi.nds AVIFK . U AM) KILLS III31SELF. Crime I Committed in the Wellington lit C"hlHK ne Wife LUIiik at Ii I east er, Pn. CHICAGO, Jan. 27. Dr. Harry J. Zeigler, of 10 West Kins i-ireet, Lancaster, Pa., fatally wounded his wife Anna ami then kilbd himself this afternoon at the Wellington Hotel. A note left by the physician eleclared that he anI his wife hail decided to eh ami as he lacked the nerve, Mr.s. Zeltler hail promi.-ed t commit the act. The woman. before.' b ins removed to the Samaritan Hospital i:i a dying conditio: Mcciired that the shooting was done by her husaand. The, physician and his wife arrival at the Wellington Hotel this morning and were assigned to a room. The two wer;: young and apparently happy. They retired to their room and about 3 o'clock a call came to th clerk's ollice. When the bell boy arrived at the room he found the woman tugging at the door, lilood wa.-s llowing from a wound in the back of her head. "Oh, my husband has shot himself," she cried, forgetting in her fear for him the pain of her own wound. The bell boy took her out into the hallway, saying that her husband might kill her, and she let hirr; 1 ad her away from the room. Then he hastened to the ofke of Dr. tl. L. Iliese, the Imus.f ihysi ian. When the latter arrived th' husband was dead and the wife was barely conscious. A not addrrss-d to a morning newspaper was found in the- room. It read: "My photograph h. longs to your paper. We detid'd t die, but I lack the nerve to shoot, so my wife Ann;t will do it. .Send my body home to .IIS West King street, Lancaster. Good-by." Mrs. Zeigler was conse-ious for some time after the arrival of Dr. Iliese. She confirmed the contents of the note, which showed that the husband lacked at first the determination to carry out their plans. Rut the. too, failed, and eventually, she said, her husband shot her and then thinking that she was dead, turned the weapon upon himself. A letter to Zeigler questioning about a divorce, he was to secure from a "Miss Raker" at I-mcaster was found among his effects. Mrs. Zigler"s father is Samuel P. Adam, of this city, who Is said to be wealthy. He was recently in charge of the police, having lest his way while wandering about down town. He is seventy-one years of ace, and. it is said, ha been ill. When taken to the hospital it was thought Mrs. Zeigler could not recover. After an operation, however, she showed more signs of life, and although the c hances are slim, some hope is entertained for her. Dr. Zeigler graduated from the Rellevue Hospital in New York city and came to Chicago, w here for a time he was connected with the Chicago Hospital. He then went to the Philippine? 1 served as an assistant surgeon In United States army. From Manila he cme to Chicago and soon began hid connection with the Adams family. Samuel p. A I: ins, a retired paint dealt r, father of Anna Adams, several yearn ago suffered from a sunstroke, and since that time he has been cared for by an attendant. When Dr. Zeigler returned to Chicago, in October, he noticed an advertisement for an attendant, and was engaged to care for Mr. Adams. Anna Adams and Zeigler Iwcame attached to each other, much to the displeasure. It Is said, of the glrfs mother, sister and brother. In the latter part of November Zeigler secured a marriage lieense and he whs quietly married to the Adams girl in a Raptist church tn Woodlawn. The Invalid father accompanied the couple to the church. No others of the Adams family appear to have heard of the marriage until recently, and when they did Zeigler was told that he would have to leave the house. Zeigler went to St. Louis, and in his absence he is said to have made endeavors to secure a divorce from the woman whom he had married in Imcaster. Zeigler a correspondence shows that he had been addicted to the use of drugs. From, symptoms' which developed In the woman's condition to-night there seemed to be evidence that she had been poisoned. An analysis will be made tomorrow of a bottle of beer found in the hotel room where the tragedy took place. ot the Lnte loctorj" Wife. LANCASTF.lt. Pa.. Jan. 27. Harry J. Zieglcr. who fatally shot a woman purporting to fce hi.-? wife and then committed suicide at Chicago, was a native of this city and lived here until three years ago. He was twenty-six years of age and a son of William J. Zlegler, station master of the Philadelphia & Reading Railroad Company. The latter is a' respected and esteemed resident. When a boy Ziegler was wayward and unmanageable. When drinking he frequently got Into serious trouble. He served a term on the schoolship Saratoga, and three years ago enlisted In the regular army and was sent to the Philippines. The last heard from him was a year ago. when his father received a letter dated Luzon, In which he said he had entered the hospital service, a circumstance that accounts for his title of "Doctor." Zeigler was married about five years ago to Miss Harriet Raker, of this city, who is now at her home here and from whom he had not been divorced. When seen to-night Mrs. Zeigler said she had last heard from her husband at Chicago in November, and that he then wrote her that he would never return to Lancaster. Since then she had learned that lie bad been married. "I tlon't pity him," she .said, "but 1 feel sorry for the girl." GORMAN NOTIFIED. OfHeially Informed of III Election to tin I niteel State Senate. P.ALTIMORK. Jan. 27. United States Senator-elect Arthur P. Gorman was oftUially notified of his election here to-day. The notification took place at the Hotel Rennert. A joint committee from the House and Senate conveyed the Information, which was olluially announced in brief addresses by Senator Spencer C. Jones, of Montgomery county, and Delegate Robert W. Tells, of Prince George's county. Mr. Gorman responded briefly. He said in part: 'Fer the fifth time in succession my political friends and associates in the Legislature have supported me in the legislature for United States senator. My debc of gratitude is --upivrne. Governed always by the cardinal principles of the party to whkh I belong", it will be a pleasure ps well a a duty for me, e n all occasions, to rc,.rc;-viit the- whole people. and nur honorable o; ponerts in party contests mu5t always feel that they have the right to come to me as freely as if we were members of tre same party, and they will find In the future, as in the past, an earnest de.-lre on my part to cive them as cordial a reception and accord their suggestions as careful teinid ration as those coming from members of my own political household." Senator Dixon and Delegate Spe-ncer, on ?ehalf of the Republican party, declared that If a Democrat must be eleete-d, they preferred Mr. Gorman to any other. Aele!rees of felicitation were also made by Governor Srv. Ith and others. PLEBISCITE NOT PROBABLE. People of St. Tlioitiuw !) ot I'iiert to Vote on In OwmIoii 2uetioii. COPENHAGEN. Jin. 27. The officials here deny that it has been decided to take a p'eM'lte of the Iuni h West Indies aft-.-r the ratitl. Mtio". by the Cnited States of the treaty jon : lir.g for the sale of those Islands to the Fnited States. ST. THOMAS. Parish West Indies. Jan. 27. Tue Ti e re'erriug to the signing of the tre.t provl.laig f .r the. sale of thj Danish Wet Ii.!i-. says: "A plebiscite appears, t K rut oT order and superfluous. Alter negotiations for the sale, lasting for years. e . ryt'dug is completed. Asking the I" ;;ic":: of.ini .a is a sträng proceeding. Inte.id.d to hift ih re-or:slbi!ity which the Inhal 'tants should not assume. Ther? wa.l a ! ir'y hied plan to sell, despite warnings an! apj als. A re p. tiiioa of ih" f.rde.-i! of !'; S repul.-ive. It is reported that the treaty is unconditional, therefore

IKHULUi IM H 1IUJILLU1

the people are called on to vote without knowing anything of their future." Mall Notes eays comments are useless. It considers the Tidende's statements well put, makes the suggestion that the reported intention to take a plebiscite is a compromise between the Danish political parties, and expresses the belief that a plebiscite will not be taken.

" Trentr Iteeelved hj the Senate. WASHINGTON, Jan. Zl. The Senate today. In executive session, received the treaty with Denmatk transferring the West Indies possessions of that country to the United States. The exact consideration specified In the treaty to be paid by this country is Jd.-nAOi. The Senate ratified the extradition treaty with Servia and the trademark treaty with Guatemala, Senator Ctdlom. as chairman of the committee on foreign relations, first explaining that both tresaties were after the usual patterns in such cases, and had been favorably passed upon by the committee. DEFEATED BY LIBERALS Colombian c;ovi:hmi:t FOItCCS, li;d uv a ritn;sT, whippi:ij. Iiloocly Lngngenient that Lnteel All Dnj Arum unci Ammunition Captured by the Hebels. NEW YORK, Jan. 27. Gen. Modesto Garces, special delegate in charge of foreign affairs of the Liberal party of Colombia, said to-day that he had received cable advises from Curacao, the headc'iiarters of his party, saying that the army under General Soto met and defeated the Conservative forces, led by General Franjaver and a Jesuit priest. Padre Espana, after a bloody engagement lasting all day, near i.a Cruz, thirty-five miles south of Bogota. General Soto captured a large quantity of arms and amrnuition and several cannon. Among the killed was Padre Espana. Another engagement was at Usme, about thirty miles east of Ilogota, in which the Liberals were also successful. General Garce's advices also state that another Liberal army under General Folosa, combined with forces from Cauca and Tolima. has just entered from the south the department of Anticiquia, formerly a stronghold of the Conservatives, and captured the important city of Salamina. and that it is now in the possession of the Liberals. The city of Remollna. on the Magdallna river, about twenty-two miles south of IJarranquilla. has also been captured by another branch of the Liberal forces. Ilritonn 111 Treated In Honduras. KINGSTON', Jan. 27. Representations have been made to the Governor, Sir Augustus Hemming, regarding the ill treatment of British subjects at Ray islands, Honduras, by soldiers, with the connivance, of the government and complaints on the subject will be sent to London. DR. MITCHELL DANGEROUS MOHi: SO THAN 111 OF. PKARSOX, IX TIII2 VIEW OF DIC. J. 31. K1XG. 'IIerc Question nml Its Exponent Agitated by Methodists at I'liiladelpli ia and Chicago. PHILADELPHIA, Ja,n. 27. At a meeting of the Methodist ministers of this city, Rev. George 11. Bickley read a paper referring to the published opinions of Prof. Charles W. Fearson. of the Northwestern University, who recently questioned the truth of miracles mentioned in the Fable. A general discussion followed, resulting in the denunciation of several text-books now in use in the Methodist theological seminaries. Dr. J. M. King, of New York, one of the secretaries of the board of church extention, was present and said: "I respect the board of bishops, but that respect does not lead me to favor their action when by a majority of one they seated Prof. Mitchell In the Boston Theological Seminary and by that vote of one struck at the divinity of Jesus Christ. Dr. Mitchell is a more dangerous man than is Prof. Pearson, because he Is the more learned. Prof. Pearson can easily be answered, but Dr. Mitchell is not tc be disposed of so readily. The place for an honest man who does not believe in the fundamental teachings he promiseel to uphold is out of the fold. He may then criticise the Bible if he has a mind to." It was decided to bring Dr. Rlshells's "Foundation of Christian Faith" and other text-books to the notice of the board of bishops. I'll OF. TEAHSOX'S HERESY.

Clilcngo Preachers Are Xot Unanimous on the Subject. CHICAGO, Jan. 27. Professor Pearson and his recent open attack on the miracles of the Bible were discussed In many of the Sunday sermons in Chicago. The line was not drawn between denominations, preachers of many creeds in a score of churches deeming the utterances of the Northwestern University worthy of especial thought. To the congregation in the Isaiah Temple Rabbi Stolz said: "It is not difficult to find in the Bible inaccuracies, exaggerations, Inconsistencies, error in text and sentiments that degrade the Deity to the level of the Oriental despot." Again he said: "We are under obligations to Professor Pearson that he again has called attention to this truth in a spirit of reverence and duty, and not from a sense of scorn and ridicule." Bishop Fallows declared the miracle to be not unatural. but supernatural, and especially defended the records of the New Testament. Rev. Camden M. Coburn, proaching before the members of the St. James Methodist Episcopal Church, declared: "It is true that not all the Bible Is literal history, ami that a man or church would Indeed be foolish who would insist upon interpreting every part of the Bible as literal history. "Many ot the remarks made recently," he said, before concluding, "do not sound like the utterances of a biblical critic, but of intidelity. pure and simple." In another part of the city Dr. Leach was even more outspoken. "Take away one single prop from me. If you dare to try it," he began, "ami in the name of Jehovah's God I will brand you Judas. Disturbed by the utterances of Professor Pearson? No! There never has been a lack of such, for the ilevll lives until he shall have been cast into the pit by the Conqueror." The speaker contiued to say that he was concerned for the weak men and women who might bo intluenced by the professor's utterances, anil demanded that the trustees of th2 University suspend the teacher. Rev. Dr. Johonnot. at the Unity Church in Oak Park, talked on the theme of "The Evil Results of the Belief in an Infallible Bible." He said, in part: "We have not lost any true faith when we recognize the fallibility of the Bible, but have made a distinct gain. The Bible is like a gallery of palntlnK-s in which have been gathered the good and the bad." Speaking before the Independent Reiigioi:s Society at the CrntiJ Opera Hous-e. Mr. Mangri.an plea tied for a wider liberty in thought ami action in regard to religious belief. "The Methodists have taken the pusi'ion." he saiel. "that no insider has any rUht to criticise the church. If man Is more than raiment, so it he more than creeds. It would be more economical to part with a tradition than with a man." Horse Trainer Die of Wounds. MONTREAL, J n. 27.-Gcorge Smith, a well-known colored horse tralrer, who was brought here by Cyril Laurin from the United States last year, and was shot in a stable row yesterday morning by Laurin's son Eduard, is dead. Cyril Iturin Is the most prominent breeder of trotting horses la Canada, i

REPUTATION OF STREET

IT IS INVOLVED IX A CASE IX JUDGE 3F.MASTE1US COURT. Itobert Bret ma n Refuses to Live on Kant "Wabash Street Mrn. Comp, ton's Salt Other Cases. A lawsuit which Involves the reputation of East Wabash fctrcet for good or bad was commenced yesterday in Judge McMaster's court. Some of the testimony presenteel by the witnesses was of an unusual character. The case is that of Henry Springsteen against Robert Bretzman. Springsteen leased a house in East Wabash street some time ago to Bretzman, who came here from Chicago. It is stated that the lease was to run for a year. After having occupied th2 house for several months Bretzman threw up the lease and refused, it is alleged, to pay the rent for the full year. Springsteen accordingly sued to collect the full sum to which he claims he is entitled by the terms of the lease. Bretzman's reason for refusing to pay the year's rent and to occupy the house for the time specified is that the neighborhood is of a character distinctly unsavory and that he cannot afford to Jeopardize the peace and happiness of himself and family by living in it longer. He alleges that the house Is located in the midst of a number of residences which are rented for immoral purposes, and he says that he has been awakened in the middle of the night by the noise of drunken tights and language ot the foulest kind. He claims that he endured it as long as possible, and then decided to move away from the neighborhood. Some amusement was created in court by the testimony of one witness called te describe the character of the street. The witness told the court and the jury that the street had a bad reputation and that noisy brawls were not infreeiuent. "Do you know that statement to be true?" he was asked. "I certainly do," he replied; "I have been mixed up in three myself." TAPPING OF GAS PIPES. Attorneys Appear In Judge Cnrter's Court Hearing: on Thursday. Judge Carter yesterday set Thursday morning at 10 o'clock as a time when evidence will be heard in the case of the Indiana Natural Gas and Oil Company against Edmund Ball, George X. Catterson, the Matthews Land Company, Harry E. Drew, Thomas J. Miller and others. The case is not new. It originated some time ago when the gas company filed a petition for a temporary restraining order against the defendants, forbidding' them to make tests of the gas pipes of the company to see whether the pressure was in accordance with the state law. Judge Carter granted the temporary restraining order and the defendants in the case now come before Judge Carter In opposition to the present petition, asking him to grant a permanent injunction against interference with the company's pipes, declaring that the property is' real estate outside Marion county and the court has no jurisdiction. Among the attorneys who appeared in court yesterday were C. C. Shirley, of Kokomo. and Roscoe O. Hawkins. Great interest was manifested in the case by local lawyers and many of them were present when the attorneys for the plaintiff set up the argument that the property involved is personal property. The settlement of the question will determine largely, it is said, the right of otheials and individuals interested in preventing waste of gas to ascertain the amount of pressure a gas company is using by tapping field pipes. CAIU'ENTHUS UXIOX SUED. Mrs. Compton .Claims Her Husband Wnn a. Member in Good Standing'. Mrs. Euelora Compton yesterday filed suit against Local Union, No. 2?t, of the United Brotherhood of Carpenters and Joiners of America. Mrs. Compton seeks to recover a death claim to which she alleges she is entitled by reason of the membership of her late husband in the brotherhood. She states that she is the widow of James D Compton, who at the time of his death was a member in good standing iof Local Union, No. 281. In April, 1S03, she says her husband was appointed to a position as cabinet maker in the Treasury Department at Washington and went there to work, but he retained his residence in this State, she claims. Subsequent to his removal she Fays he had paid all his assessments in the order and was in good standing. Shortly after she became 'a widow she states that she notified the order and asked it to pay the funeral benefits pertaining to membership. Pat J. McGuire, general secretary and treasurer of the organization, refused to pay the claim, she states. She asks as representing the amount of the death claim and expenses to which she has been put. The suit is filed against Pat J. McGuire, Thad S. Gurley, H. G. Johnson, James J. Goode, L. A. Foster and Samuel It. Cook. PITY FOR A HORSE. Things that Contributed to n Salt In ' Justlee Smock's Court. A suit filed yesterday in Justice Smock's court by Albert C. Kimberlin against Fred Carmony is unusual. Kimberlin demands $30, alleging violation of a contract. lie avers that in May, 1901, he was the owner of a fine bay mare, which he had used for twelve years. The animal's long and faithful service caused him to become much attached to her, and out of pity he conceived the idea of selling her to some one that would take her to the country and allow her to pass the remaining days amid greerf pastures, comfortable stables and with light work. He said he wanted $30 for the mare, but on account of a promise secured from Carmony that he would treat the animal as he desired he sold her for S50. Later he learned that Carmony, instead of carrying out his agreement, put the horse in his own livery stable and let her out to divers persons for hire. Carmony afterward sold the mare to John Mann, from whom Kimberlin bought her for $75, this being 525 more than he had received. He claimed because of the hard usage the animal was not now worth more than $45. WIFE'S LOVK XOT STOLEN. Frederiek Laien Loses Ills Suit Agrainst Thomas Maguire. Frederick Laxen's suit against Thomas Maguire for alleged alienation of the affections of the plaintiff's wife was concluded yesterday in the Circuit Court by a verdict for the defendant, Maguire. Laxen claimed that for a number of years Maguire, who had been taken into his home as a boarder, had steadily endeavored to steal the love of his wife and thit the effort had been successful. He sued for $5.000 damages. The jury decided there was no evidence to show that Maguire was guilty, and it took just five minutes to select a foreman and agree upon a verdict. Judge Allen dismissed the suit at thcost of the plaintiff. Cnrflrld nnrkuer'n Suit. Garfield Buckner, a negro, who was fined reveral days ago In the Police Court, has brought slt in Justice Smock's court against Henry Holt, yardman for the Lauter Furniture Manufacturing Company. Buckner demands of Holt $19.0. The suit grows out of tho incidents in the Police Court. Holt stayed Buckner' s fine and later paid It. Buckner claln-3 he represented to him the fine and costs amounted to and claims to have learned, after paying Holt the amount, that the whole originally amounted to only ZU. He states also that Holt caused $3 of this amount to be remitted and had to pay only $3.50. Refused to Entortnln .Motion. In the case of Avery against the Nordyke & Harmon Company Judrre Carter refused yesterday evening to entertain a motion on

the part of the attorneys for the defendant to instruct the Jury to find for the defendant. It is stated that the case will not be concluded until this evening at the earliest. Avery sued the company for $10.t0 damages, holding it responsible for injuries he says he received because of the fall of a pile of pig iron which, he alleges, was piled carelessly and in an unusual place. Contractor Henry Maag Sues. Contractor Henry Maag yesterday filed additional suits against individuals who, it is claimed, have failed to pay assessments for street improvements. Maag was awarded the contract for the improvement of a part of East street by the Board of Public Works, and he seeks to recover Irom the defendants assessments set opposite their names on the final assessment roll. E. A. Robertson and A. E. Paddock are named among the defendants. The aggregate of the suits is about $--0.

Trial of Henry Miller. Henry Miller, colored, will be put on trial to-day In the Criminal Court foi an alleged attempt to kill Henry Mills. It is alleged that Miller shot at Mills several times ajtd did his best to take his life. The grand Jury returned an indictment. The alleged attempc was made Sept. 3, 1901. llrutus Owen Aeeiultted. . Brutus Owens, a negro living at 525 Scioto street, whom the detectives, after a long sweating process, claimed had confessed that he entered the home of O. C. Wilcox, 1107 North Senate avenue, and stole money, silverware and wearing apparel, was acquitted in Police Court. THE COURT It ECO HD. SUPERIOR COURT. Room 1 John L. McMaster, Judge. Henry Springsteen vs. Chas. Bretzman; from justice of peace court. On trial by jury. Room 2 James M. Leathers, Judge. Nellie Reed vs. Indianapolis Street-railway Company; damages. On trial by jury. Room C Vinson Carter, Judge. George B. Avery vs. Nordyke and Marmon Company; damages. On trial by jury. CIRCUIT COURT. Henry Clay Allen, Judge. Arthur Smith vs.. Mary C. Evans et al.; mechanic's Hen. Dismissed and costs paid. Amanda Young vs. James S. Russell's Estate; claim. Claimant remits $675 of allowance. Judgment for remainder $1,325 by agreement. Costs to estate. John E. Ilollingsworth et al. vs. Blanche Ellen Myers et al.; partition. Report of sale approved. Commissioner discharged and trust closed. Frederick Saxen vs. Thomas Maguire; damages. Trial by jury resumed. Evidence concluded. CRIMINAL COURT. Fremont Alford, Judge. Ida Brackett; assault and battery. Defendant arraigned and pleads not guilty. Case continued. NEW SUITS FILED. Augustus Wacker vs. Louise Wacker; partition to convey real estate without consent of wife. Circuit Court. Henry Maag vs. A. E. Robertson; complaint to foreclose improvement lien. Circuit Court. Henry Maag vs. A. Seidensticker, complaint to foreclose improvement lien. Circuit Court. Henry Maag vs. E. A. Faddock; complaint to foreclose improvement lien. Circuft Court. McCormick Harvesting Machine Co. vs. James M. Smith; complaint for judgment. Circuit Court. Henry Maag vs. William Enheld; complaint to foreclosure improvement lien. Circuit Court. .HIGIIHR COURTS' RECORD. SUPREME COURT. Minutes. lHlPa. The Wabash Railroad Company vs. Sebastian Miller. Adams C. C. Appellant's brief on appellee's petition for rehearing S.) Miami G. Cannon vs. C, C, C. & St. L. Railway Company. Floyd C. C. Appellant's petition and brief (3) for rehearing. l'J7."2. State of Indiana ex rel. Martha Lewis et al. vs. Harry B. Smith as auditor of Marion county. Marion C. C. Appellants' motion to advance. Kc'GO. The Citizens' Street-railroad Company vs. Ellen B. Stockdrli. Hancock C. C. Appellant's brief on petition (8.) APPELLATE COURT. Minutes. 3747. Citizens' Street-railroad Company vs. Samuel Heath. Hendricks C. C. Appellant's petition for rehearing and brief (S.) 42:,2. Theodore C. Whltecomb vs. William H. Stringer, receiver, etc. Marion S. C. Appellee's brief (.) 4001. Salem-Bedford Stone Company et al. vs. Joel L. Hobbs, administrator. Lawrence C. C. Appellee's supplementary brief (S.) 41.7). Republic Iron and Steel Company vs. William M. Ohler. Madison S. C. Appellant's reply brief (8.) 4ir0. Isaac N. Haymaker, administrator, vs. Louis Schneck et al. Clark C. C. Appellees' petition to dismiss and proof of service for Jan. 2S, 1902. Appellees brief (S) on motion. 4172. The Palmer Steel and Iron Company vs. Heat, Light and Power Company. Delaware C. C. Appellee's brief (S.) 4139. The C, C. C. & St. L. Railway Company vs. Sarah A. Wisehart. Henry C. C. Return to certioreri. 41H. John I. ?:vans vs. Olive L. Odem et al. Allen C. C. Appellant's brief (8.) Appellant's motion for leave to amend. Assignment of errors, etc. 3'J79. Lake County Water and Light Company vs. Redwood D. Walsh. Lake S. C. Petition for postponement of argaiment and decision. XEW CASES. 4317. Fred Spencer vs. Charles C. Spencer. White C. C. Record. Assignment of errors. Xotlces (2) below. Appellant's brief (8) for supersedeas. Supersedeas bond. 431S. James Warner vs. Sarah E. Warner. Adams C. C. Record. Assignment of errors. In term. Bond. It ECU XT LEGAL OPIXIOXS. Money Recovered from Body Found at Sea. A fishing schooner, on her voyage from Gloucester to the fishing grounds, found floating in the water the body of a man who had been on the Bourgogne, which was sunk in collision. Upon the body was found a wallet containing coins and bank notes to the value of $1,05.). The body was immediately buried by sinking in the usual manner and the money was brought back i and paid into a court of admiralty. The man s name was not discovered. The salvage involved no danger to vessel or crew. It was held that, in view of the probability that the money would not have otherwise been recovered, and of the meritorious action of the officers and crew in bringing it into court, when they might readily have kept and divided it among themselves, onehalf the amount would be awarded for the salvage services, to be divided between the owners, master and crew. The other half should go to the public administrator. Albany Law Journal for January. Life Insurance Suicide. Where an insured person Is In such mental condition as to form an Intention to take his own life, or to understand the result of his act. and his benefit certificate provides that if he should die of his "own hand or act. whether sane or insane, or by the hands of his beneficiary or beneficiaries named, except by accident, the certificate shall be void and the beneficiarv cannot recover. T40 Southeastern Rep. (South Carolina), 155. Negligence Sale of Dangerous Properties. Plaintiff, who was a poorly educated man, ordered a quantity of phosphorus of defendant, a druggist. Defendant sent thiee sticks, properly packed In water and labeled. Plaintiff removed the phosphorus from the package and dropped one stick, which ignited, and on his attempting to pick it up cauFed the explosion of the remaining sticks in his hands, injuring him severly. Held that the article ordered was not such a new and unknown substance, with the dangerous qualities of which the general public, and. therefore, the plaintiff, was acquainted, as to rtneler the druggist negligent in silling it without specitlc warning. SS Northwestern Rep. (Iowa). Hi. Contracts-Mutual Mistake of Fact.Were a sealskin sack was delivered to defendants for storage, they agreeing to return the same, or to pay the fixed value Thereof, and. when emandel. It could not be found, and the defendants, believing it to have been stolen, gave a check in payment for the sack, and it was found by them the day after the check was given, the settlement will be deemed to have Ken made under a mutual mistake of fact, and payment of the check may be stopped by defendants, though they may have been negligent. S Northwestern Rep. (Michigan), 471. Municipal Officers Salaries. A contract between an appointive officer of a city, whose salary is fixed by rtatute or ordinance, and a city council, by which such appointive (icer agrees to perform

the duties of his office for a sum less than that provided by law. is against public policy and absolutely void. lS Northwestern Rep. (Nebraska), 505. SHAWNEE TÖRTUEED.

XVtiM About to De Horned to Death "When Rescued by a Drove Officer. GUTHRIE, O. T., Jan. 27. Fred Ttner, a full-blood Shawnee Indian. alUged to have outraged three Shawnee squaws on last Thursday, was tied to a stake to be burned to death by members of his tribe, men and women. He was first cruelly tortured. His face was beaten out of shape, his ears were torn nearly off by squaws, and other horrible tortures were being applied when Deputy United States Marshal Davis arrived from Arbeka, I. T.. held the mob back with a gun, and single-handed cut the thongs, backed away from the crowd with his prisoner and safely escaped to "Ueweka, where Tiner was placed in jail. SCHLEYWAS KEPT BUSY HELD A RCCEPTIOX AXD VISITED A SCHOOL XAMEÜ IN" HIS HONOR. Shook the llnncl of OOO Children, nnd Later He and His Wife Shook 3,500 More llnnds. CHICAGO, Jan. Admiral Schley, after a quiet Sunday and a good night's sleep, arose to-day much refreshed and expressed himself as ready to meet the reciuirements of the day's programme. At 3 p. m. the Admiral and Mrs. Schley were tendered a public reception at the Auditorium Hotel. The lobbies and approaches to the secondfloor corridor, where the distinguished visitors stood, were crowded. As the admiral and his wife ascended the stairway a chorus of fifty young ladies, attired in sailor suits, sang: "See the Conquering Hero Comes." In the rear of the reviewing stand a company of the first ship's crew of the Illinois naval militia was stationed as a bodyguard. Without ceremony the people filed past, shaking the hands of both the admiral and his wife. The reception terminated at 5 o'clock, at which time Chairman Munger estimated that the admiral had shaken hands with 3,500 people. A feature of the reception was the welcome accorded seventeen former members of Commodore Dewey's squadron at Manila, who extended their congratulations to Admiral Schley in writing. The first item on the distinguished visitor's schedule to-day was a visit to W. S. Schley School. The admiral entered the school through two lines of boys holding palms over his head. He was greeted by the children, who sang 'See the Conquering Hero Comes." After being Introduced he made a short speech, in which he said honor and honesty are the handmaids of valor. He said, too, that he was very glad to have the school named after him. A small boy piped up, "I'm glad they named it after you," whereupon there were shouts of laughter and general applause. The nine hundred children in attendance marched by the admiral, who shook hands with every one of them. At 11 a, m. he was presented with resolutions of esteem and approbation by a committee of twenty-two representing the German societies of Chicago. They read: "The undersigned committee, acting under the instructions of 'numerous German societies of this city, express to you on their behalf their affection and high esteem for the patriotic and heroic services which you have rendered our country In peace and in war. We admire in you a knight without fear and without reproach, a great and brave leader in battle, a humane commander, a gentleman under the most trying circumstances and the glorious victor of Santiago. May our beloved country in the hours of danger always have the services of men of your metal. And, in expressing the sentiments of our constituents we add the best wishes for the continued welfare of yourself and family." At 6 o'clock the admiral was the guest of honor at a dinner given by the officers of the Chicago Naval Battalion. The dinner, which was attended by about seventy-five officers and guests, was held in the blue room of the Auditorium Hotel, and, although less formal than the banquet of Saturday evening, it was an elegant and thoroughly enjoyable affair. The admiral, in thanking his hosts for the hospitality which had been shown him, warmly expressed his gratitude for the many kindnesses that had been shown him since his arrival in the city Saturday. From the dinner the admiral was driven directly to the armory of the First Infantry, on Michigan avenue, where the Chicago Naval Battalion was paraded for his inspection. The admiral made a short speech to the men, praising their work and encouraging them to persevere in their study of naval matters. He also spoke in flattering terms of the part borne in the Spanish-American war by the naval militia of Illinois. At 9 o'clock the review was over and the admiral was on his way to his hotel. To-morrow morning at 8:30 he and Mrs. Schley will leave for Louisville. HAVOC IN NEW YORK. (CONCLUDED FROM FIRST PAGE.) William Tubbs lost hjs life in a desperate attempt to quench it before it reached the deadly fuel. Another Is that it started from a spark produced by a stray current of electricity. A third placed the blame on a blast In the tunnel. Still another gave a gas explosion from electrical contact in the trolley conduit of the street-railway subway. It will probably take an official investigation to reveal the true explanation. Several men who were very close to the shaft escaped, while others hundreds of feet away were knocked down and seriously injured. MAYOR LOW WANTS INFORMATION. Mayor Low said to-night that he would write to the Rapid Transit commissioners requesting that they ascertain the subcontractor's method of handling and storing explosives. The mayor remarked that "familiarity breeds contempt," and possibly the contractors in handling explosives had become careless as time went on ui.til the accident happened. District Attorney Jerome visited the scene and made an investigation to guide him in the official inquiry and possible criminal prosecution that will follow. Ira A. Shaler, engineer in charge of the work at Park avenue, John Bracken, a foreman, and Martin McGrath, an assistant foreman, were placed under arrest and charged with homicide. William Barclay Parsons, chief engineer of the Rapid Transit Commission, said that Shaler was one of the most competent and careful engineers he every knew. Another theory as to the cause of the explosion was given to-night by Fire Commissioner Sturgis, who said a hand magazine was struck by a piece of rock which fell from a bucket load of muck being hoisted from the tunnel. The magtizine was on the surface near the shaft for entering the tunnel and directly In front of the Murrav Hill Hotel. Mr. Sturgis said that Contractor Shaler's permit from the bureau of combustibles of the tire department permittel him to have on the work not more than sixty-two pounds of dynamite. CAUSED BY FI HE. Moses Epps, a powder man in charge of the shanty where the explosion ejccurred. is at the Flower Hospital suffering from concussion and shock. He sail on going to the shanty about noon he found a candle, which he had left lighted on a rhelf. lylv.p: on the floor, and some paper which was about it was on fire. Close to this burning paper were thirteen boxe3 of dynamite cartridges, each box containing from j-ixty to seventyfive cartridges. Upps threw a pall of water over the fire and ran to get another one. On coming back he saw that the fiamea were close to the dynamite, and. dropping his pall, he tried (o get away. Then came the explosion and the next he knew he was a

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V' 1 1 1 11 patient In the hospital. This evening Kpps was practically a prisoner, a policeman having been assigned to guarel him. In addition to those already mentioneel as under arrest. Andrew Murray was to-night locked up at police station, though no charge was placed against him. Murray had charge of the passing out of sticks of dynamite to the men in the tunnel engaged in making blasts. He said there were about twenty sticks of dynamite in the shanty when the explosion eccurrcd. The damage may exceed $l,Con,oo. The first estimate on the Murray Hill Hotel placed the loss at JlOO.OoO, but later the hotel was abaneloned as unsafe. If the; building is condemned the los on it alone will approach 51.CM).(0. The damage to the Grand Union was estimated at and that to the Manhattan Hospital at $23,(o. The loss at the Grand Central Station was entirely in glass, as was that of the 100 or more other buildings affected by the explosion. No estimate was made of the losses sustained by the rapid transit contractors. Late to-night investigation of the damage done to the Murray Hill Hotel was completed, and it showed a remarkable condition of affairs. Two-thirds of the big hostlery cannot be used until repairs have been made and the northeast corner is closed entirely. Proprietor Jacques places the loss in glass alone at $15.0"n. Kvery window In the hotel was shattered and the window frames torn from their fastenings and blown into the rooms. Ceilings and walls crumbled, pictures were blown from their places and furniture was upset. TEMPORARY HOSPITAL. Immediately after the explosion the big corridor was turned into a temporary hospital. Blood dripping from scores of wounded persons stained the marble tiling, while the doctors worked like beavers to alleviate suffering. The body of Mr. Robertson was found in Tarlor X, where he had been crushed to death by timbers hurled through the window. He hael made a special request for the room in which he met his death, and was assigned to it last Friday. Adam Werneck, secretary of the American Legion of Honor, who was also stopping at the hotel, had refused to take the room desired by Mr. Robertson. Benson R Brown, selling agent for the Acme White Lead Companj, of Detroit, had a peculiar experience in his room. He had been sick for several days, and was in beet when the disaster occurred. "The first I knew of it," said Mr. Brown, "was when the hotel seemed to rock as though from an earthquake. The windows in my room were blown in, and when I recovered from the shock I found myself -entangled in the lace curtains, ami one of the curtain poles lying across my back. My hat. which was hanging on the wall, was cut in two by a piece of flying glass. I hurried from my room and found the hotel corridors tilled with people, who were frantic with fear. I saw two very small girls, their faces covered with blood. I assisted them and several ladies down the stairs." All the doctors and nurses in the Manhattan Eye and Ear Infirmary had been cut by flying glass, but of the sixty-two patients only a few suffered injury, and their wounds were trifling. There were several narrow escapes, however. One man, in bed in a ward on the third floor, had a particularly narrow one. A piece of iron, welshing twenty-five pounds, came through the window, tore a hole in the wall at the head of hl3 bed. 'and then dropped within a foot of him, between his cot and ore adjoining. Not a pane of glass escaped in the hospital. Fine residences on Park avenue to-night show the force of the explosion. The house of Charles Parsons, president of the Rome, Watertown & Ogdcnsburg Railroad, had all the window? broken, the doors displaced, and valuable bric-a-brac blown to pieces. The house most damaged is that of William II. Payne, which was nearest to the scene of the explosion. Mr. Payne estimates his loss at SO.OOO. CLASH I X CO I 1ST. niatrlct Attorney Jerome Slapped In the Face 1 n Clerk. NEW YORK. Jan. 27. There was a clash in court this afternoon between District Attorney Jerome and Coroner Goldenkranz, resulting in the former being struck in the face by a clerk. Mr. Jerome was in his oflice examining Shaler, Bracken and McGrath, the men under arrest, when a policeman assigned to the coroner's office entered and, under the coroner's Instructions, demanded that the prisoners' appear before that official. Mr. Jerome allowed them to go, but he and his assistants followed. The distinct attorney told the coroner that there was no information In the patrolman's affidavit on which to hold anybody, and there was a wordy wrangle between the two officials. In spite of pro- ! tests the coroner gave the ease to the jurymen, who returned a verdict re-commending the discharge of the prisoners. The coroner then opened court as a sitting magistrate, had the. men rearrested anu held them without ball. More protests came from Mr. Jerome, and the coroner changed his decision, holding the men in 10.t"O each. All thi? had worked up the feelings of everybody so much that there was a free fight. Mr. Jerome received a blow in the fa.ee from a coroner's clerk, who. In return, was beaten by two ef the district attorney's detectives. Th'ii the detectives and j the clerk had each other arrestee!, but soon i belter counsel prevailed and all charges ! were withdrawn for the present. It etTiert noil Wn AV-n 1 1 Ii y. NELSON, II. VC. Jan. 27.-J. Roderick Robertson, of thl.s city, who was killed by the explosion in New York, was the general manager in Canada of the Prltih Columbia Gold Field Company, limited. He waa th; prime mover in the organization of the as fociated Hoards of Trade of southern IJrlthh Columbia. He was a Scotchman and leaves a wife and four children. He was considered very wealthy. l)cver'( Application Drilled. NEW YORK. Jan. 27. The application of ex-Deputy Commissioner of Police William S. De very to have the law abolishing the

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wr"T?TTTTTT'rT-.- v - office of chief of police of New York city declared unconstitutional was denied by Justice Levtntritt in the Supreiao Court today -n the grounds that, though he had some doubt as to the constitutionality of the law. he held it legal In .order that the appellate eilvlsion may render a decision as soon as possible. COURT OF CLAIMS. Project I it trod tired In Pnn-Amerlcun CouereHM-'i.n (irrnt Importance. MEXICO CITY, Jan. 27. -The project for an international court of claims was presented at to-day's session of the PanAmerican conference. Though It has not excited any feeling, and therefore has not attracted the same amount of attention as the arbitration treaty, it is really of even greater practical Importance. It is in reality itself a compulsory arbitration plan, applied, however, only to controversies invedving nothing but pecuniary claims. In introducing the project to the conference the committee on Pan-American court of claims said in part: "The reasons for expediency on which this projected treaty is bas-d are obvious. The .lifliculties at present existing, in the opinion of some of the delegations to this conference, in the way of negotiation of a general treaty of comrW-iJj do not exist in the case of the subject mat- : tcr eif this proposed convention. The qmstions enumerated are independent of thoso political and social issues which arouse the passions of nations or which are connected directly with thrlr vital interests. Moreover these questions are, ns a rule, merely of a legal character. It Is now proposed to submit such cases to The Hague tribunal in accordance with ,the tendencies dt which this assembly has given Puch unanimous evidence. We believe that if this project, the provisions of which we will amply defend before the conference, if any of the delegates so elesire. is adopted one of the most vexatious and frequent causes of difference's between friendly nations will have been removed." MORE itAENESS TOR NIAGARA. Turbine IVhoel to lie Pnt on Cnnnillan Side to Grnfrote Klect rlclty. NEW YORK, Jan. 27.-Another sreat step in the utilization of Niagara power is announced by the Electrical World and Engineer. On the American side of the falls the Niagara Falls Power Company has long had In operation eleven dynamos, each driven by its own turbine and developing 5,00) horse power. A wheel put parallel wth the first one was recently completed, and within the last year orders were given for eleven more water wheels and generators. Operations are now to be undertaken on the Canadian side. The Electrical World and Engineer Fays that contracts have Just been placed with the General Electric Company for the construction of three lo,.niu-horse-iower generators for the new plant, whose ultimate capacity, it i3 estimated, probably will reach :i.X0 horre power. These negotiations have been conducted through the Canadian Niagara Power Company, which had the original charter for the enterprise, but w hose rights have been acquired by the American company. These dynamos will le tdtuated. like those of the Niagara Falls Power Company, at the level of the Furface of the earth, while the turbines will be in a wheel pit directly underneath. Vertical t-ha'ts over 100 feet long will cemnert the water wheels with the generators. It is asserted that these dynamos will be the largest ever built. Xpw tiohl Field. VANCOUVER, n. C. Jan. 27. There la much exelteme nt over the aller-il disceivery of alluvial g:ld in considerable uantities near Somas, 11. C. which Is situated a few miles from the international boundary line and fifty rniks from Vancouver. An old Klondike miner named William Iavis claims to have found a number of nuggets and also :lscovred trace ef gold in the vicinity. Claims were Immediately staked, and many Vancouver p-op!e. bu?ines men, as well as miners, are staking more claims as near to the original as possible. Suicide of S. M. Klmlinll. APAIACHICOLA. IIa.. Jan. 27.-S. M. Kimball, of this city, committed suicide to-day. using a gun. Mr. Kimball wis president of the Apalaehacola Lumber Company, one of the '.argot c tie rns he re, shippers of lumber, and owr.ing a numb-r of lighters and towlats pling h-twr p. Apalaehacola and Carrnbelle. He was about sixty years of uge. it is b.-nev.-d' lis suicide was induced by business troubles. Ills health was thought to have Lven good. Superintendent Unnoted. GUTHRIE. O. T.. Jan. I'T.-Actlrg on the report e.f the Investigating o:.:.-.-.itte e .13 to the management of th- tiklahma Insane Asylum, Governor Ferg.MT! to-d.iy ivnv-ve-d Governor Felix L. Wi.-.kltr. f Kingfisher, as t-upe -rlnte-ndent, and 1 .uc d a committee of four physicians temporarily in charge. Rockingham Succeed Smith. OMAHA. Neb.. Jan. 27. J. E. liuokir.irham has been appointed ar.-lstant e :u-rJ passerser a'i:t of the P.ur!ir:gto:i M'.j. snuri River Railroad, at.d will ;i'.nii' th dutb-s e-f that posdtlon Fe b. 1. 1 1 -M- ce t l Arthur 11. Smith, who n .-isrud la: t November to embark In a manulacturhig business. Itetuil Grorrn In Com rnllon. MILWAUKEE. Wis.. Jan. .-About HTO retail grocfrs from all parts of the eountty assembled in Milwaukee to-day at the nftli annual convention of the National Association of Retail Grocers. The convention will last three days.