Indiana State Sentinel, Volume 35, Number 27, Indianapolis, Marion County, 21 August 1889 — Page 1

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VOL. XXXY-NO. 27. INDIANAPOLIS, WEDNESDAY, AUGUST 21, 1889. ONE DOLLAR PER YEAR,

1

DIED WITH HIS BOOTS OX.

CALIFORNIA'S EX-CHIEF JUSTICE. Judge David S. Terry Shot and Instantly Killed By a 1?. S. Deputy Marshal For Intuiting U. S. Supreme Judge Field Be Bad a Right To Shoot. San Fbancisco, Aug. 11 David S. Terry, rx-supreme justice of California, was ibot and killed at 7:30 o'clock this morning in the railway eating station at Lathrop, CaL, by Deputy V. S. Marshal David Nagle. The shooting was the result of a personal assault which Jude Terry was making upon Justice Stephen J. Field of the U. S. supreme bench, while the latter was seated at the breakfast table. Judge Terry had approached Justice Field from the rear and slapped the jurist in the face with his hand, and was in the act of striking him a second time when Deputy Nagle, who had warned Judge Terry to stop the attack, drew bis revolver and shot Terry through the heart, killing him instantly. The deputy was acting as a body-guard to Justice Fields, under strict orders emanating from the department of jus t;ce at Washington to protect the person f the jurist from personal assault at all hazards. An attack bad been deemed probable, owing to frequent threats attributed to Judge Tei and owing to the latter' known temper aod the fierce quarrels which had marked his public career in California. He was known to en tertain a deadly hatred toward Justice Field, xthich feeling was supposed to have been spurred by his wife, Sarah Althea Terry, who claims to be the widow of the late IT. 8, Sena' t Or Sharon and who has been endeavoring to prosecute her claim to his estate in state and federal courts. A decision rendered by Justice Field, sitting in bane with two other federal jadges last September, was adverse to her inter ests, a od she was the means of creating a scene in the U. S. court room on that occasion, which threatened to terminate iu a tragedy. She was ordered into custody by the court for contempt, after interrupting Judge Field when delivering his decision, charging him with being corrupt. She struggled with the bailifs when they attempted to remove her by fore, and had aa active ally in Judge Terry, who drew a dagger, but was disarmed by the tame deputy, at whose hands he to-day met his death. For this act Judge Terry was sent to jail for fix months for contempt. When this occurred statements were publicly attributed to Judge Terry, declaring that he would have a personal eettlement with Judge Field if he ever had occasion to meet him when released from arrest. Thse statements coming from the man who had killed U. S. Senator Broderick in a duel. who was popularly supposed to be constantly armed and niarvelously proficient in the use of weapons, was regarded as no light statement The remark was certainly current thronzhout l ahformatbat if Judge Terry met Justice Field In public & tragic scene would undoubtedly follow. Justice Field ignored all propositions to arm himself, declaring, according to his statement to-day, that if a justice of the supreme court of ine unneu siaies couia noi travel tnrougn nis circuit ia performance of his official duties without protecting himself against assault, be would accept any consequence which might result to himself. The I . S. marshal of the district, under the authority of the department et justice, however, assigned a deputy to accompany Jtistiee Field, and Deputy Nasle ac companied him to Los Angeles, and was at his side when Judge Terry approached and 6truck Justice Field this morning. Whether Judge Terry was aware ff the presence of the deputy is not Known. Aitnougn warned to not fctrike aeain by Nal, be had aimed a-aeend power- - l wrow at J usuce rield, who was still sitting jn eis cnair, out beiore tne oiow could be delivered he fell to the floor a dead man. When Mr. and Mrs. Terry entered the restaurant and took 6eats Mrs. Terry recognized Justice Field almost instantly, and at once left me room, going to tne sieeping-coacn and re turning again toward the dining-room with a sachel in her hand. She was met at the door by tbe proprietor of the restauaant, who knew all the parties, and refused her admission. In the meantime Judce Terry had sat at his table, never taking his eyes from Justice Field, and and finally rose and walked toward the door, passing in the rear of Justice Field. When opposite the latter he turned and struck him from the rear in the side of the face. Deputy Nagle rose and cried out: "Stop!" "Stop!" but Terry had raised his clenched fst for another blow when the fatal shot was fired. A second shot immediately followed, but tbe ponderous form of Terry had fallen to the floor. He did not ptter a word. The alarmed people in the room immediately left, while Deputy Nagle announced to everybody that he was a C. S. officer in the performance of his duty, and warned everyone not to molest him. He and Justice Field then returned to tbe sleeping car. In the meantime Mr. Terry returned to the diningroom, and when made aware of the death of her husband made an attempt to board the sleeping-car. Her sachel, which was taken away from her, was found to contain a revolver. She appealed to the crowd to make an attack on t.ie car and seize Jnstice Field, contending ha had killed Judge Terry. The overland train resumed its journey to this city, arriving here shortly after 11 o'clock, when Justice Field joind his family. The body of Judge Terry was taken to Stockton, ten miles distant, where Deputy Nagle was also taken under arrest by a state officer, to attend the inquest. Ja lge Terry and wife had gone on board of the overland tram at Fresno, south of Lathrop, which had been their home for several years. JUSTICE FIELD'S ACCOUNT. He Relates the Story of the Traced t Ks. gle flad t Right There. San Francisco, Aug. 11 The southern verland train arrived at the Sixteenth-st station la Oakland shortly after 11 o'clock this cierning. A ereat crowd had collected, telegraphic intelligence of the Lathrop tragedy i., preceded the arrival of the train, and tbs e-epieg car in which Justice Field was fitung was At once poaraed ry i,. h. officials d newspaper men. J ustice t leid maintained kij quiet demeanor, and replied to a press representative, when asked to narrate tbe particulars of the shooting, aa follows: "I can tell you the story in a few words. For the last few months all manner of reports, both public ani personal, have reached me that Jode Terry had threatened to subject me to some form of indignity if he should happen to meet me. This fact caused tbe U. 8. marshal to decide to provide such protection aa he could during my stay in this state. When I started for Los Angeles to hold court, Deputy Naele accompanied tne. He seemed to be a quiet, gentlemanly official. I only met him twice while away from Los Angeles. He asked me in that city when I intended to return and accompanied rne.taking a seat in tbe sleeper op?osite me. We heard this morning that Judge erry and bis wife were on the train, but paid bo attention to it. When we arrived at Lathrop we entered the eating-station to get breakfast I took a seat at the end of the table, while Narle sat on one side of me. .Terry and his wife came in the room soon after. As soon as she saw me she went out of the room, as I afterward learned, returning to the car for her aaehel. "Judfe Terry arose, and I upposed he intended accompanying her. Instead of doing to he walked back of me and struck me a heavy slsp in the face. I was completely astonished, and, seeing he was making ready to tri Ice again, Nagle cried out, "Stop, stop,' bit Terry did not desijt, and as he was raising his arm a second time Nagle shot at him. the bullet entering his heart, lie fell to tbe floor, Naele ihocüzg & second time, tat misMojf him. Naffle was arrested at Tracy and taken to Stockton to await ths result of tbe inquest That ii the complete story, so far as I am aware of the facts,1' said he la conclusion. Protection was accorded to Justice Field, it is claimed, by authority of F. S, Atty.-Gen.

the marshal of the district to see that the person of the justice was protected at any hazard. The order extended also to Judge Sawyer of the U. S. circuit court of this city, upon whom Mrs. Terry made a personal assault last year while jOn a railway train, accompanied by Judge Terry. The order was based upon this fact, and upon threats declared to have been made openly by Terry aeainst Justice Field. Deputy Marshal Nagle was directed to accompany Justice Field, under this order, and is said to have given Judge Terry full warning to stop when the latter becan his attack upon Justice Field, and fired at Terry as the latter was about to strike a second time. Justice Field left the overland train at Oakland Ferry and drove nt once to the Palace hotel, where he was joined by his wife. He was not arrested, and the order to the chief of police, claimed to have been 6ent by the district attorney of San Joaquin, if forwarded in form, was not carried out.

AN EYE-WITNESS ACCOUNT. The Editor of the Los Anceles 'Times" Tells of the Shooting. Sax Francisco, Aug. 14. Among the passengers on the Southern overland train this morning was Col. II. O. Otis, editor of the Los Angeles Times. He was standing outside of the depot dining room at Lathrop when the shooting of Judge Terry occurred and was at the scene of the tragedy a moment later. In an interview he said: "The train arrived at Lathrop at 7:10 a. m. Justice Field was among the first of the passengers to enter the dining-room. He took a seat at a table facing the door. U. S. Deputy Nagle sat at his side. Soon after they sat down, David S. Terry and his wife entered the room. When Mrs. Terry saw Justice Field she turned and went out of the room to the train, the supposition being for a pistol or a bottle of vitriol. Terry sat down at a table further up the dinine-room, and while waiting to be served, glared at Field. Presently he arose and walked over to the latter's chair. Judge Field was leaning over his plate when Terry approached him from behind and without a word of warning dealt him a blow on the side of the face. "At that instant Nagle cried, 'Hold, hands ofT that man.' "Justice Field looked up, and, as he told me afterward, never saw such a picture of incarnate hatred as that depicted upon Terry's face. Terry did not heed the marshal's warning, and raised his clenched fist to deliver a second blow. That menacing gesture was the last act of his life. Quick as a flash Nagle drew his pistol and sent a bullet through his heart. "A great commotion then arose in the din-ine-hall and on the platform. Mrs. Terry ran about from the train to the dining-hall door, frantically demanding her sachel, which some one had taken from her. She then stormed about the door, demanding entrance and charted tuose who had barred her out with shielding m irderers." NAGLE INSTRUCTED BY MILLER. The Attorney-General Ordered Him to Protect Judge Field. Atty.-Gen. Miller was found at his home on N. Delaware-st and asked concerning the command which he was quoted aa having made to the marshal at Saa Francisco. "It was given out," said he, "under my direction. In June, I think it was, Justice Field, and I believe some others, brought to my mind the case, referring to the trouble there had been out there last summer, and saying that there would likely be trouble again this summer. There was danger that Judge Terry, who was stated to be a violent and desperate man, would very likely make a deadly assault upon Judge Field and Judge Sawyer one or both of thera and that some precautions ought to be taken in the premises. I tneretore called the attention of the marshal of that district to these statements, and told him that it was due to the country and the courts that precautions should be taken to keep theoenc .and protect Hie - J cuurM-arFTTUfues jn me aiscnarg 4 in Ihn d Krhar-.7i of duties; and that such a number of court officers should be employed as would accomplish this result; that the judges ought to be permitted to discharge their duties without danger and without interference. I also instructed him to consult the LT. S. attoruey and judges as to the course to be pursued in the premises. "In a talk with Justice Field about the mat ' " -i - ter before he went West, he stated that while he did not fear Judge Terry, he did expect that the latter would assault him make a deadly assault upon him as well as Judge Sawyer when that case should come on. But he proposed, as he knew judge Sawyer would, to perform his duties ;n the usual way. without regard to consequences. He stated to me at the time that he had been advised to arm himself, with a view to such a contingency, but that on reflection had concluded not to do so, as he had not been wont to carry weapons and did not thiuk it consistent with the dignity and proprieties of his position." ere you surprised to hear of this affair to-day?" the attorney-general was asked. l es. I was: for while I had been warned that there was danger, I had hoped it was rot so great as reported, and besides. I had ex pected that if any trouble occurred it would arise in or about the courts." DAVID S. TERRY. A Prominent Figure In the State's Political History Ills Sensational Career. Sax Francisco, Aug. 14. David 8. Terry was at one time chief justico of the supreme court of California, and has always been a prom inent figure in the political history of the state. The killing of BrodericK caused, at the time, deep personal resentment against Terry by a portion of the people of the state, which threatened to terminate his career in California, but he always had a number of adherents, and remained in the state, though be has only ouce or twice been before the people for position. He was married to Sarah Althea Hill, who claimed to be the wife of ex-Senator Sharon, while prosecuting her claim against the Sharon estate. This brought him into a resentful at titude toward Justice Field, who, last year, rendered a decision in the U. S. circuit court n this city, denying her claim to be the wife of Sharon. Mrs. Terry created a scene in court during the reading of the decision charirinir Justice Field with being corrupt, and as she refused to remain quiet, Justice I ield directed that she be removed from couit. When a deputy attempted to carry out the order of the conrt; she became involved in a personal quarrel with that official, and Judge Terry interfered, drawing a daarger from his vest. He was disarmed and both Terry and his wife were adjudged in contempt and committed to jail. In the meantime. Justice Field went to Washngton to resume his duties on the bench, and returned to this city six weeks ago. Newspaper articles were printed intimatine that it ould be dangerous for Justice Field and Judge Terry to meet personally, as it was thought the latter might insult the former, while the fact was also recognized that Justice Field would be quick to resent an attack from Judge Terry, knowing it could only result fatally to one or the other, in new of the lat ere record. David S, Terry was born in Todd eonntv. Kentucky, in 1&2X He served in the Texan array under Sam Houston. He came to Californiii in 1849 and settled in Calaveras eountv. n 18.-.5 he was elected justice of the supreme court of California on the native American ticket, and upon the death of Chief Jnstice Murray, in 1S57, Judge Terry became chief iustice. He was opposed to the vigilance commit tee of 1?56 and stabbed one of the members of the committee who had attempted to arrest Maloney, a friend of Terry. Terry was held hv the vigilantes, but was afterward released. He killed Senator Broderick in 1859, as a result of political diSerences, Terry belonging to what was known as the "chivalry" wing of the dem ocratic party. Ia 10 Terry was defeated as a laococr elector, although bis associates were elected. Sept. 8, l&S, he was sent to jail for six months for contempt of court by Justice Field. b'arab Althea Hill (Mrs. Terry) ii & distant relative of Senator Sharon and was for a time a governess in his family. eh first came into puMic notice through an attempt to shoot the entto in the Pa!aca hotel. After this she at first 'iaimed to have been seduced by Sharon, and then asserted that they had been clandestinely carried for sererii years. h brought

suit for divorce with heavy alimony against the bonanza senator and won several victories in the minor courts. The only defense to the suit was the denial that any marriage existed. It was the final defeat of Sarah Althea in the supreme court that led to the shooting. JUSTICE FIELD UNDER ARREST.

The Warrant, Sworn to by Sarah Althea, Charging the Justice With Conspiracy. Sax Francisco, Aug. 16. Justice Stephen J. Field of the U. S. supreme court was arrested here to-day on the charge of being a party to the killing of David S. Terry at Lathrop last Wednesday morning. Application was made at once for a writ of habeas corpus, and the matter was heard by Judge Sawyer of the U. S. circuit court, who granted the writ and released Justice Field on 5,000 bail. The warrant for Justice Field's arrest wag issued by a justice of the peace in Stockton on complaint of Mrs. Sarah Althea Terry. Sheriff Cunningham of Stockton arrived here with the warrant last ni:;ht, and he applied to Judge Rix of the police court this morning to indorse it. Judge Pix took the matter under advisement and asked the advice of Dist-Atty. Page. Tbe latter expressed the opinion that the warrant should be indorsed; that it was issued in regular form, and the judge should not consider the individuality of the person against whom it was directed. Counsel who appeared for Justice Field urged the judge to take testimony to ascertain if the warrant should have been issued. He declared that the issuance of the warrant was nothing more than aa attempt to humiliate a justice of the supreme court. Judge Rix finally indorsed the warrant and placed it iu the hands of Sheriff Cunningham, who went at once to the U. S. appraiser's building, where Justice Field's chambers are located. Justice Field arrived at his chambers about noon, and, with Judge Brewer of Kansas and and Judge Sawyer, awaited the arrival of the sheriff. Sheriff Cunnineham went first to the marshal's oSice, and then, accompanied by Chief of Police Crowley, Capt Lees and U. S. Marshal Franks, proceeded to Justice Field's chambers. J ustice Field rose to receive the party, and Sheriff Cunningham presented the warrant and formally made the arrest. Application was made at once for a writ of habeas corpus. Judge Sawyer granted the writ and the party retired to the circuit court room. Dist-Atty. Casey announced that Sheriff Cunningham obeyed the writ of habeas corpus And prodnced the prisoner and that he now awaited the further pleasure of the court. Judge Saw yer set the case for hearing next Ihursday morning and ordered Justice xield s release, nxing Dan at 5o,00U. ine petition lor the writ of habeas corpus was made by Justice riei l himself, and is very lengthy document. It sets forth in detail the facts of the case already known, and de dares that at the breakfast table at Lathrop Justice Field was maliciously and wickedly as saulted from behind by David S. Terry, which assault was not provoked by any act, word or aeeu or tne petitioner, The details of the contempt proceedings of September last, when Mrs. lerry caused the sensational scene in the circuit court room are then set forth and it is declared that at the time of the commission of the said contempt by lerry and bis wife and their arrest, convic lion ana sentence theretor, and at various times since the petitioner is informed and be1... w . . . neves mat said lerry and wite nave respec tively tnreatened that at the nrst opportunity they would insult, assault and kill the peti tioner for and on account of acts done in the discharge of his duties, devolving upon Lira as associate justice of the U. S. supreme court. and end Terry repeatedly and frequently declared and threatened that he would "get even with petitioner. The petition next sets forth that at the time of the shooting. Justice rield was accompanied by David Nagle, a deputy U. S. marshal, who was acting under instructions from the attor- - .or mteU, b,,ates a?d ,a.rsha! "su"' ine pcuiioner uecmres inai ne id no 1 r I , way or manner defended or protected himself. and was in no way responsible for any direc tions given INagle or any person, and that he was merely present at this place of shooting while en route from Los Angeles to San Francisco in discharge of his duty. He further de clares that lie was not then, nor has he been at any time for many years, armed with any weapon whatever, nor has he used any weapon whatever. Petitioner farther alleges that Sarah Althea Terry falsely and maliciously swo-e out the warrant of arrest. Justice Field also sets forth in his petition that he is now holding court in this city, and that his arrest and removal would seriously interfere with and interrupt his official duties, such interference beinff contrary to the provisions of the constitution. Justice Field further asserts that in the U. S. court, during the hearing of the Sharon case issues, it was proved and held that the complainant, Sarah Althea Terry, was "an abandoned woman, without veracity." Will Defend Nagle. San Francisco, Aug. 17. U. S. Atry. Carey received a telegram yesterday from the depart ment of justice at Washington instructing him to assume on behalf of the C. S. government the defense of Deputy U. S. Marshal David Nagle, who shot Judge Terry Wednesday morning. MRS. MAYBRICK'S PROPERTY. Suit Begun In Kentucky for the Appointment of Trnstees. LonsviLLE, Aug. 10. The attorneys of Florence Maybrick, now under sentenoe of death at Liverpool for the murder of her husband, James Maybrick, to-day filed suit in the federal court here for the appointment of trustees for her large estate in mountain lands in Breathitt, Pike and neighboring counties in this state. The property was left Mrs. Maybrick by her grandfather, Darius Blake Holbrook, of New York. She is joined in the suit by her stepfather. Baron Von Roque, who acta for her mother. The rights of Mrs. Maybrick's children, both under ten years, are also reviewed and protection is sought for them. The suit is friendly, and its object is to secure relief from the necessity of giving security as trustees for W. H. Gardiner and Hamilton Bradshaw, of New York, and the Rev. John In eraham, of Missouri, who are trustees for Mrs. Maybrick's property elsewhere in America. They decline to serve for the Kentucky property if required to give security. Mrs. Majbrlck's Case. Loxdon, Aug. 19. Home Secy. Matthews is awaiting further medical reports before coming to a decision in the Maybrick case. The reIorts will be submitted to-morrow. The pariamentary petition in behalf of Mrs. Maybrick has been signed by ninety-one members of the house of common. Mr. Carlisle Highly Honored. City of Mexico, Aug. 19. The Hon. John G. Carlisle and wife accompanied by U. S. Minister Ryan left here for Gaudalajara Saturday night, where they will be given a reception by Gov. Cosona of the state of Jalisco. On Saturday afternoon, the secretary of the interior, Romero Rubio, gave a dinner at Tacnbaya, at which Mr.and Mrs. Carlisle, Minister Ryan and President and Mrs. Diax were present The entertainment is said to have been the finest ever given in Mexico. Mrs. Carlisle was visited by Mrs. Diaz during her stay in the city, and by many of the ladies of the American colony. Mr. Carlisle has received more attention from Mexican officials sine he has been here than any American since Gen. Grant's visit. A Tariff Beform Ptenle. PXATTSBrBG, Mo., Aug. 19. Preparations have been completed for tbe entertainment of 2,000 at the tariff reform picnic to be held here on Wednesday next. The committee of arrangements to-day received from ex-President Cleveland a letter eipreesiD? rearttat bis Inability to attend and indorsing the purpose of the pionic Kllrain Will Go South. Baltimore, Aug. 19. Kil rain has waived all legal points, and will leave for Mississippi to-morrow with. Detectire Chiles.

A TENEMENT HOUSE FIRE

RESULTS IN, THE LOSS OF NINE LIVES. One of New York's Death Traps Occnpted By Thirteen Families Bnrns Stnpld Work On the Fart of the Tolice The Work of An Incendiary. New York, Aug 19. Early this morning a fire broke out in the kitchen of the restaurant on the store floor of the big five-story tenement at 305 Seventh-ave. Nine of the sixty odd occa pants of the house lost their lives, and it is a great wonder that many more did not perish. The dead are: WILLIAM GLENTON, sixty years, burned to death. NELLIE McGEOGHAN, twenty years, smothered. MARY WELLS, thirty-one years, smothered. JANE WELLS, four years, smothered. THOMAS WELLS, two years, smothered. BERTHA LUSTIG, forty years, burned to death. WILLIAM McKEE, forty-five years, burned to death. JANE JEFFREY, siity-fiva years, smothered. Unknown woman, forty-five years, smothered. The list of injured is: William Glesxox. eighteen, badly burned. Jonx G LENNOX, badly burned and injured. The building was occupied by thirteen families, who have been made temporarily homeless by the fire. The flames did not do very much damage in the various apartments, but burned out their strength in the hallways. The pecuniary loss will not amount to more than $10,000. The fire originated in the rear of John Snyder's restaurant at an hour when all the people in the house were sleeping soundly. Just how the fire started is as yet a mystery, but as the restaurant's cook is missing it is fair to presume that an accident occurred while he was making the fire in the big range. The awful speed with which the flames swept up through the building suggests the use of kerosene by the careless cook. The door leading from the kitchen to the hallway was found open and the great volume of flame rolled out into the passage and swept up the stairway so rapidiy that families living ou the first floor must inevitably have perished without even so much as a warning, but it so happened that the rooms directly over the restaurant were unocenpied on account of the heat which seemed to sift through the flooring from the mammoth range underneath. Less than half a block away, on the corner of Twenty-eiehth-st. and the avenue, stood Policemen Warner and McCullagh, of the Thirtieth-st station. They received a warning from a cry of pain which came from the building, and looking in the direction whence it came, saw a wall of fire beating against the front windows of the restaurant. By the time that a realizing sense of what the trouble was broke over them a forked tongue of flame shot out from the roof and lighted up the neighborhood. With their clubs the two officers beat in the front door, but a spiteful blaze shot ont and warned them back. They tried the next door, and in that way found an entrance. There was no sign of life in the building, and the officers hurried from one door to another to arouse the inmates. Murmurings at first were heard, then a buzz of many voices, which finally changed into a wail of terror and agony from men, women and children, struggling for their lives in the death trap. lire escapes leading irom tne Durnins Dniiding to the as yet untouched tenement next, were soon filled up with half naked people, frantic to reach the street. In tbe meantime the fire department had arrived and had begun work on tho flames and were assisting in rescuing the frightened inmates. The flames were extinguished easily enough by the firemen, and the people on the fire escapes were all landed safely. Not one person escaped down the stairway, and the names of those who tried it are found in the list of the dead printed above. The search for the dead was begun as soon as possible. The first body found was that of old William Glennon. The remains were discovered by the side of the bed in his room on the second floor. He bad risen to fly with his sons, but his old lees were not nimble euouch, and he perished. The boys were taken to the hospital. They were badly burned on tVlA fäot re n oAil Vkr tt a' Irin svt 4nA Kvr vsx a - v i. v t o v v j ttmaiu vu laic asvb Ii Uli bars of the fire escape. In the rooms of the Wells family was a sight which can pot easily be forgotten. In the middle of the floor knelt the mother, Mary Wells, and in her dead embrace were her children, Jaue and Thomas. They had been smothered, mercifully enoueh, and not a burn or blister defaced the pallor of their countenances. The pine dead bodies were placed in ambulances and taken to the Thirtieth-st. station and later Coroner Ilanley gave permits to friends who claimed the remains. Snyder, the keeper of the restaurant in which the fire broke out, has been arrested on suspicion of being responsible for its origin. A policy of insurance for f 1,000 on his stock was found in his possession and one of his employes states that be found fat scattered over the floor of tbe restaurant. One of the most notable incidents of the fire was the gallant efTorts of Ambulance Surgeon Schaefler of the New York hospital. When he arrived on the scene all chance of any one escaping by the stairway was cut ofl', as it was burning fiercely and the halls were filled with smoke. On hearing that Nellie McGeoghan, aged twenty, had been cut off from escaping in the top story, he boldly mounted the scaling ladders and got into the fifth story by smashing a window. By this timi the crowd on the street was enormous. M?n, women and children held their breath in awe for several seconds that seemed minutes. At last the doctor was seen again at the window, carrying something that, in the early morning light, looked like a big bundle of clothes. It was Nellie McGeoghan's inanimate form. He had found her, almost smothered, lying on her bed. Slowly, with his heavy burden, he descended the ladder and bore the girl to Laveny's liquor store, on the corner of Twenty-seventh-st. and Seventh-ave. When he attempted to revive her he found that she had perished in his arms. "There was some terrible bungling work by the police at that fire," said Dr. Schaefler, when seen subsequently at the hospital. "Why, I was the only doctor on the scene and mine was the only ambulance, and it was only luck that I got there at all. We only received a common 'hurry call' to the Thirteenth-st. police Station, and when I got there I found the body of an old man, William Glennon. He had been suffocated, and after getting his name I jumped into the ambulance to return to the hospital. Not a word had been said about any of the others, and out of curiosity alone I told the driver to drive around Seventh-ave. When we got to the house I stopped the ambulance and got out, and stood lor a moment talking to the policemen and firemen. Are there any others burned I asked. "Yes.' replied one of them, 'there are some people up stairs.' "W here are they 7 I asked. "He could not tell except that they were up stairs. I went up-stairs and in one room found four bodies and in another three bodies. They had been suffocated, but from the looks of them aod from the feel of the flesh I am sure that some of them could have been saved if a general call for ambulances bad been sent out with the fire alarm. There has been a great blunder on the part of some one. All there was left for me to ao was to send the Glennon boys to the hospital and then, with the patrol wagon, carry the dead to the station-house. Young Glennon will be all right in a few days, but his brother, William, may die." John Glennon tells this story: "I don t know. said he. "how I first knew It was a fire. I amelled tbe smoke, and the air in ray room seemed oppressive, but I often smell smoke from the restaurant od- the street and so at first paid no attention to it. I soon eaw that the smoke was thicker than usual, and to see hat it was I cot out of bed, drawing on my trousers as I did so. As I sat for a second on tbe edcre of the bed a sheet of flame roared id ast the window and I jumped to my feet yelleg, 'fire,' as loud u I could. The fir it yell i

seemed to choke me and sounded to me like a whisper. The next was as loud as I could possibly shout and it woke my brother and mother. We ran to the front window to get out on the fire escape. We could not see it for the flames. Rieht up past the windows the flames seemed to stand like a wall of some bright metal, and through the shutters of one window little tongues of flame came through the slats. 'Will' went to open the window, but before he could get there the shutters were all ablaze. "Father was asleep, but Will awoke him, and we all went to the hall door. Mother did not seem to want to go. She hung back, and at last Will and I took her by each arm and Will opened the door. The hall was full of smoke. It rolled and twistedfright before our faces for a moment, and then we started through it for the stairs. "You 6ee," turning hiti face, down which the tears were coursing, "we could see there was no chance to get down. The flames were roaring up only a few feet away from us. As we got out of the room Will called to father to come, and supposing he was $ ith us, we started up. How we ever got through the halls to the roof, God only knows. Now and then we would meet some one else bound for the roof, but who they were we could not tell, on account of the smoke. When we got on the root, Will cried: 'Where's father? I thought he was right behind us.' "Leaving mother there we went back to the scuttle, but instead of father Mr. Wilson and his wife and children came up. 'He must be right below here,' said Will, and down he went through the scuttle again. I followed him and we searched around with our hands to find him. We could see nothing at all on account

oi the smoke, and it was getting thicker all the time. We could feel nothing, and I followed Will as he went along the hall and then down the stairs to the next floor. I bad to stop there to nold my breath. I seemed to be bursting, 1 he smoke was not aa if it was just one thick fog, but it seemed to come in puffs or rolls and was retting hotter and hotter. We went on that way very slowly to the second floor. Lselow us all was flames, but I saw Will creeping down the 6tairs, it 6eeraed to me, through a wan oi ßarae. I tried to follow, too, but 1 could not. The flames played all around the bannister to which I held, and in a moment the skin began to peel ofi my hands. In a moment Will came back and I heard him say: 'I can't find him; I can't find him.' nen we got back to the roof it was crowded with people from all the houses in the block. Will's clothes were on lire and he could not see. I led him down into the next house where we fo und mother. Mother did not seem to know us. She sat there rocking backward and for ward and wringing her hands and moaning, Then we got down into the street and the doc tor put us in the ambulance." AN INVOLUNTARY BALLOONIST. Two-Year-Old Sophie Schwab Takes An Ex citing Ride Over the Lake. Chicago, Aug. 13. Little two-year-old Sophie Schwab involuntary became a balloonist to-day and was wafted high up over the broad bosom of Lake Michigan. A rifleman'a skill saved the child's life. The exciting incident took place at Sheffield park, and was witnessed by 1,500 picnickers. An Italian peddler of toy-balloons attempted to serve two purchasers at once, and in doing so let go his string of bright-colored globes. The cord got twisted about Sophie's left arm and also in her hair, and the buoyant rubber-bubbles started heavenward taking the youthful aeronaut along. Sophie's mother shrieked and fainted. The bystanders stood horror-stricken, scarcely breathing as the balloons swept close to a large oak tree and the infant grasped a handful of twigs and checked her flight. A muscular young German was ascending the tree in an instant, and then crept out on the branch nearest the child. At this moment Sophie's puny strength cave out and th balloons, suddenly released, went again upward at least 1(H) feet, drifting then out over the lake, Gust Koch, a sharp-shooter, who was attending the picnic with his repeating rifles, hurriedly jumped into a skiff with two companions and pulled out into range. Koch succeeded in piercing several of the balloons, each successful shot helping the bunch to descend. Before it finally reached the water the boat was at the spot and little Sophie did not even get her feet wet. ALL IN THE FAMILY. A New Jersey Marriage Results In Some Very Odd Relationships. Red Bank, N. J., Aug. 15. A marriage that took place at Eatontown a few days ago results in odd relationships indeed. The bride was Aliss r.na Clayton and tne groom was Albert Phillips. The bride is not quite tourteen years old, while the groom is fifty-six years. A few years ago Cyrenius Clayton, the bride's father, who was a widower, married one of Mr. Phillips' daughters. By Mr. Clayton's daughter's marriage to his wife's father, Ella Clayton becomes her lather s step-mother-in-law. rhillips' daughter, who married Mr. Clayton is also her father's step-mother-in-law. Mr. Phillips is Mr. Clayton's father-in law, and Mr. Clayton is Mr. Phillips' father-in-law. Each of the wives is the other's step-mother. Each man is his dauehter's stepson and each woman becomes the granddaughter of herself and also her own grandmother. CHAUTAUQUA ON FIRE. Several Buildings Already Destroyed and the Flumes Spreading. Chautauqua, N. Y., Aug. 17. Fire broke out in II. II. Otis'book-store on the assembly grounds at 11 p. m. There is no fire protection except a few feet of garden hose and bucket brigades. The flames spread rapidly and consumed Samuel's optician oflice, Hart's jewelry store, two private cottages, and several other small shops with the entire stocks in each. The flames were not under control at midnight and rapidly spreading. Total loss will reach $25,000 and possibly more. The guests are all at work to save neighboring property. A High Ecclesiastical Tribunal. Philadelphia, Aug. 16. The appointment of a high ecclesiastical tribunal by the pope for tne Roman catholic church in the United States is believed to have been already consummated, although inquiry to-day failed to develop the existence of official notification. The information obtained is to the effect that the tribunal of the church will have referred to it all cases in which the church in the United States is concerned for adjudication, and that tribunal consists of Cardinal Gibbons of Baltimore, Archbishop Ryan of Philadelphia and Archbishop Corrigan of New York. Damage by Storms. St. FAUL, Minn., Aug. 18. Pioneer rrtst specials give reports of severe storms at Piainview and St, Ililliard last night. From the latter place it is reported that a heavy hail storm, accompanied by a strong wind, struck about six miles north of town and did great damage to wheat not yet in shock. It also broke window glass extensively. Chunks of ice an inch and a quarter thick were found. From Plainview comes the report of a severe thunder shower, during which Bartley Costello, a stage driver, was struck by lightning and instantly killed. The Pearl Hunter's Craxe. Trairie DC CniEX, Wis., Aug. 18. The pearl hunter's craze has struck here and the largest number of pearls yet reported in this state has been gathered in the p'.t day or two. More than one thousand pearls were sent from here by two or three parties yesterday. Some of the pearls aro Quite large and very valuable. AVhile hunting pearls to-day a man by the same of La roque fished up a large bomb-shell that had probably laid in the river a great many years probably from the time of the capture of the old fort by the British. Ilia Challenge Accepted. PrTTSBCBO, Pa., Aug. 1. W. D. Banker, the bicyclist, in a letter to the EvL'din of this city, accepts the challenge of Hal Greenwood of St. Louis for a hill-climbing contest for the championship of the world. The conditions are u

follows: The loFcr to pay all railroad fare and hotel expenses of winner to and from the place of contest, and purchase a fifty-dollar gold medal, properly inscribed. Contests to take

j place one in St. Louis, one in Pittsburg, and one on some neutral ground mutually satisfactory, and contests to take place tome time in the latter part of September. CLEANED OUT THE STORE. A Frightful Explosion of CiAs One Man Killed and Many Persons Injured. New York, Aug. 1G. At 10 o'clock this evening an explosion of gas in a crockery store at the corner of Grand and Clinton-sU. drove the contents of the store through the plate glass windows into the streets and shook the neighborhood. One man was killed, another probably fatally injured and about thirty persons were wounded. Immediately after the explosion a volume of flame poured out into the street, through which men, M omeu and children ran screaming with blood gushing from cuts and gashes. Mr. S, Jacobs bled to death almost instantly, ne was passing the place when huge pieces of plate glass, flying before the terrible force behind them, tore his ritrht side and back so that flesh and clothing fell from him in chunks. Two men dragged his body away from the flames and ran for an ambulauce. Jacobs' agony was 6oon over. Jacob Seigel, covered with bipod, rushed frantically as though insane, and fought a policeman desperately until he became exhausted. He was taken to Bellevue with a fractured skull. The store was closed at 9 o'clock, one light being left burning. Just before the explosion a policeman, attracted by the smell of gas, stopped to locate the source. His actions caused the collection of a small crowd of curious persons, and it was thus that the injured became so numerous. The officer reached up with his club, pushed open the fan lights, and stepped on. He had just got out of range when the gas ignited and the air wag filled with death-dealing fragments of glass and crockery. The people hurried out of the adjoining tenements and added their wailing to the shrieks of the wounded and the roar of the flames. The arrival of fire engines and ambulances added to the confusion for a time. After much persistent work on the part of the police and the surgeons, the injured were sent home or removed to hospitals, and the firemen extinguished the flames, which were confined to the lower part of the building. RIDDLED HIM WITH BULLETS. A Negro Lynched Near Savannah, Ga., For An Attempted Outrage. SAVAXXAn, Ga., Aug. IS. Walter Asburg, alias Berriam, colored, was lynched at Pooler, ten miles west of Savannah, this morning, for assault upon Lula Kissman, a seventeen-year-old German girl, yesterday afternoon. The assault was made upon the girl at her home while the family was away. She was terribly beaten in a struggle with her assailant but she successfully resisted him. ner clothing was torn from her body. Her face was terribly beaten and gashed. One eye was closed. The finger prints of the negro were on her neck, and her cheeks were torn and bleeding. Her neck was so wrenched that she was unable to turn her head. The struggle must have lasted several minutes. The floor and furniture were covered with blood and the girl's hands were bloody where 6he foucht her assailant. Her cries attracted a colored man who was near Oy and who rescued her. Asburg sprang through a door and escaped, but in tbe next house he knocked down a woman and seized a double-barrelled shot gun and fled to the woods. In an hour the whole town was in arms and a mounted posse in pursuit. Abont midnight the negro was fonnd at a low dance about a mile from the scene I the assault He was taken back to the girl s house and she identified him as her assailant. His clothes were covered with blood from the encounter with the girl. He confessed his crime and becged for mercy, Three hundred masked men hurried him to an open field near a railroad, where he was strung up to a tree and riddled with bullets. Across his body was pinned a paper with the inscription, "This is the way we protect our homes." Asburg asked for time to pray, which was given him, and he begged that word be sent to his wife. The body was left hanging all dav. and the coroner will go up to-morrow to cut it down. The authorities attempted to interfere and prevent the lynching but the masked crowd was so great that they could do nothing, A BROKEN BREAK-BEAM. Eighteen People Injured 11 y the Derailing Of a Iturlinfton and Missouri. LIXCOLX, Neb., Aug. 13. At 7:20 o'clock this morning a Burlington fc Missouri passen ger train oi turee cars met with a serious accident about a mile and a half from the depot in this city. The brake beam broke and dropped down, forcing open a switch. The smoker took the Bwitch and was derailed, and with the car in the rear rolled down a high embankment. Eighteen people were injured, as follows: William RonACEK and son of Wilber, Neb., bruised. Mns. Mat McKesson of Wymore, knee rp rained. R. K. Clark of Des Moines, Dl, face torn and hand crushed. W. F. Wood of Waverly. Neb., eye hurt. O. A. Jones of Lincoln is in a serious condi tion. The following were members of the bridge gang: C. P. Olsox, badly hurt internally. Axdrew Suxpeox, severely hurt. W. A. Browx, badly cut Jonx Griffiths, 6ide and back. Larsh Fromstead, cut and bruised. Robert Kelly, back injured. George Hollaxd. cut W. J. Moxcrief, head injured. C. C. Cully, shoulder crushed. William Reed, back hurt F. Gibiiart. Frank Graham. Conductor Haight, cut and bruised. None will die. A ltlow at Trnsts. Bismarck, N. Dak., Aug. 16. At last night's session the convention completed their consideration of the article on corporations. Among the sections adopted was one providing that any combination between individuals, corporations, associations, or either, having for its object or effect the controlling of the price of any product of the soil or any article of manufacture or commerce, or the cost of exchange, is prohibited and declared unlawtul and against publio policy, and that any and all franchises heretofore granted or extended, or that may hereafter be granted or extended in the state, when the owners violate this article, be null and void. Mr. Ilftmley's Report. Ottawa, Ont, Aug. 18. The report of the Hon. A. M. Hamley, customs agent at Victoria, in the matter of the seizure by U. S. cruisers of Canadian sealers in the Behring sea, has reached the department of customs. Copies will be forwarded to the imperial government in support of the representations already made to Lord Knutsford by the Dominion ministry to secure the settlement of the whole Question of the claim of the United vtates to the sole control and proprietorship of the Behring sea. It is believed that tbe report will greatly facilitate negotiations. Her Sentence Will lie Commuted. London, Aug. lfl. The Press association states that Home Secy. Matthews will recommend to the queen the commutation of the death sentence of Mrs. Maybrick to penal servitude for life, and that the commutation of sentence will 6e announced alter the queen has given formal assent Prof, Loom is Dead. New Haven, Conn., Aug. 15. Dias Loomia, LI D., Mcnson, professor natural philosophy and astronomy at Yale, died at the New Haven hospital late this afternoon.

THE BRIDGE WAS EOTTEN

A PASSENGER TRAIN DEMOLISHED. Fatal Railroad Accident on the Pennsylva nia Koad Near Pittsbarg Three Persons Killed and Twenty-Five Others Seriously Injured. PlTTSBTRG, Aug. 1C The south-bound passenger train on the Butler branch of the Western Pennsylvania railroad, which left Butler, Pa., at 2:35 o'clock this afternoon, jumped the track at Sever's station and the entire train, consisting of two passenger coaches and a combination smoking and baggage car, went over an embankment and was totally wrecked. Three persons were kil!ed outright and twentyfive others injured, a number of whom will die. The killed and injured are as follows: Killed: W. II. POWERS, Lawreneeville. Pa. , child of Mrs. Farre'.l of Butler. MBS. DUFF, an old lady, residence unknown. The injured, as far as known, are: Ex-Mayor Lyon of Pittsburg, seriously. Capt. Lowrer of Fittsburg, head badly cut. D. A. Cone? and wife of Pittsburg, seriously hurt and bruised. James McLatghlin of Pittsburg, fatally injured. Col. Hotvley of Pittsburg, slightly injured. Conductor Gray of Butler, seriously injured internally. Krakhmax Karns of Butler, back broken. Mrs. Graff of Pittsburg, injured senouslv. Bessie Fcllwood of I'ittsbure, cut in head. Capt. Grace of Jamestown, N. YM painfuliy injured. About fifteen others were more or less injured whose names are unobtainable at this writing. The accident was caused by the spreading of the rails on a small bridge. The rails were on stringers which bad rotted with time atd long service. The engine passed over the bridge safely, but the rirs-t car was derailed and plunged down into the abyss, some thirty feet below. The rails plowed through the second car and the escapes were miraculous. One lady had her dress cut from the wrist to the Fhoulder; another lost a small piece of her cheek; a third had her chin cut and many others in the second car narrowly escaped. The train was running with the mail car next to the engine and the baggage car on the rear, as is the custom on the branch, to facilitate transfers at the junction for Pittsburg. THE OIL INSPECTORSHIP. Usurper Tancey Seeks To Oust the Legat Official. S. T. Yancey began quo warranto proceedings yesterday afternoon for the possession of the oflice of state coal oil icspe ctor, now held by Nelson J. Hyde, nyde received his commission from S. S. Gorby, who was elected state geologist by the legislature. Yancey was appointed by Collett, whom Gov. Hovey commissioned as state geologist Both Hyde and Yancey have been acting as inspector and endless confusion has ensued. Oil dealers are in a quandary as to whom to cognize, and demand that the question be setted one way or the other. Collett several months ago instituted suit to oust Gorby, but filed his suit in the wrong county. Prof. Gorby living in Dearborn county. The suit must accordingly be broueht in that "county, where it can not be heard for several months. The suit brought by Yancey will virtually decide the question as to who is state geologist The supreme court will be asked to hear the case immediately after a decision in the lower courts, in order that a ruling can be made when the court convenes Sept. 16. Messrs. A- J. Beveridge and A. C Harris will represent Mr. Yancey, and Atty.-Gen. Michener the state. UNDER A CABLE CAR. A Novel Attempt at Suicide By a Man Under Arrest Kansas City, Mo., Aug. 18. A. Musser, at one time a well-known and respected citizen of Brunswick, Mo., to-day made a novel attempt at suicide that will doubtless prove successful. Mr. Musser was arrested yesterday afternoon at the Union depot, charged with the theft of numerous sachels. In three of the sachels were valuable papers, which he hid in different parts of the city. To-day, guarded by two officers, he was taken out to find the papers, and while passing a cable road he threw himself in front of a passing train before the officers could restrain him and st stained injuries tha will prove fatal. Musser was noted in Missouri for a duel fought during war times with Robert Hancock, a rival newspaper editor at Brunswick, Mo. The former's revolver uiised fire, but he stood calmly in his position while his antazonist shot at him three times. Then grasping the cane of one of the seconds he thrashed Hancock so severely that the onlookers were obliged to interfere. Until a few years ago Mr. Musser was a well known contributor to a newspaper syndicate. A TOWN BURNING. Dresden, Ontario, on Fire Four Fersons Hart and a rtoy Missing. Dresden, Ont, Aujr. 19. A terrible fire is raging in this village which presages utter destruction to the town. The fire started about 9:30 o'clock in McKean' hub and spoke factory which was utterly destroyed, entailing a loss of $100,000; no insurance. Four persons were seriously injured bv a boiler explosion and one boy is missing. The fir department and citizens are doing herculean work to 6tay the flames, but with little success. Particulars as to loss, etc, not obtainable, owing to the confusion and excitement The Late Congressman Laird. IIasting, Neb., Aug. 19. Tbe funeral this afternoon of the late James S. Laird was the largest and most impressive ever witnessed in western Nebraska. The funeral cortege formed at the late residence of Mr. Laird and proceeded to the First presbyterian chnrch where the services were conducted by the Hon. J. O. Tate, chaplain of the Nebraska state senate. The remains were conveyed in a handsome hearse drawn by four jet black horses. Company F, Juniata regiment of Nebraska national guards, acted as body guard, followed by O. A. R. posts from western Nebraska, the governor ana staff and state officers. That ATas Xo Duel. Lawrence Amerioan.J McFinde "I see that two Frenchmen fourht a duel yesterdav." McFancle "Yes: but that was no dnel from a Frenchman's point of view." Mel-ingle "Why?" McFancle "Because one of the duelists was killed." A Mce Old Lady. X. Y. Sun.J Ada "So Touhave bepn to see vonrhnshsnd's friends, have yon. Lulu? And how did you like his mother?" Lulu "Oh. ever so much. Ada: sha mA me feel so much at home. Why, in less than twenty-four hours after I arrived there she had me in the kitchen wiping dishes." The "Of Coarse" of True Love. rTimel She "And do you really, truly love tne. George V He Of course. by do you ask, dearr" "Why. you hare seemed so indillcrent of lata. We haven't had a quarrel for two weeks." Beauty Unadorned. fTlme. Young Lady Bather (to nie old rfotleoin at Narragansett pier "Don't you think that my batting suit is perfectly lovely?" Uld uenueman "Uh. I hadn t noticed it

Have yoa got It with you?"