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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 30, 1904)
VOL. XLIV. NO. 13,747.
PORTLAND, OREGON, FRIDAY, DECEMBER 30, 1904.
PRICE FIVE CENTS.
THREE ABE DEAD
Seven Convicts Dash
GUARDS FIRE INSTANTLY
RockpileGang Makes Mad RusH
NONE GET THROUGH THE NET
Captain Murphy Wounded by Shot of
Guard Harris While Lying-Upon
Body of Prisoner Who Had
CONVICTS SILLED IS ATTEMPT.
H. C. HILL, of Placer County, under
a sentence of 38 years for robbery.
J. QUINLAN. of San Francisco, serv
ing 12 years for robber-.
W. MORALES, of Marin County, under
sentence for robbery.
The following wounded will probably
D. KELLET, of San rranclsco, serv
ing a sentence of eight years ror 'robbery.
E. QUETADA, from Los Angeles,
nervine a life sentenco for murder.
TV. P. FEXLE1", from Mendocino
County, eoning; life sentence for murdr.
CIIAKLES CARSON', from Marin
County, serving: life sentence for robbery.
FOLSOM, Cal., Dec. 29. A break that
was clover In plan and bold In execution
took place at the penitentiary here this
afternoon. The guards obeyed the stand
ing orders of the warden to shoot regard
less of the .danger to free men, and as a
result seven of nine convicts, who had
planned to get away, were almost riddled
with bullet?, three being now dead and
threo In a critical condition.
Captain It- J. Murphy is wounded by u. j
shot In the Jeg, and two alight knifo ;
The break wa3 similar m general plan
to that of last July.taut the fact that it
was made within thePrange of the guns
of seven reliable guards, all dead shots,
and one of those within 50 feet, makes it
more bold and desperate.
The convicts who engaged in the break
were all employed In the rock crusher,
where 325 of the most desperate prisoners
were at work. Captain Murphy was act
ing as general overseer 'about the rock
crusher, and four other attaches, L.
Daley. M. Hogan, Charles Taylor and
Charles Jolly were employed as "pushers"
to keep the men at work.
A large sledge hammer was thrown into
the crusher, causing the ponderous ma
chine to come to a standstill. This at
tracted Captain Murphy, Charles Jolly
and Taylor to the place immediately.
Thereupon .the desperate convicts rushed
to seize Murphy, Jolly and Taylor. They
succeeded only in catching the two first
mentioned. The others endeavored to
take the other free men, who managed
to escape thorn. During this time the
scene of trouble was under cover, and
the guards on the outside could not Eeo
the struggling men, although they soon
bad nn intimation that something was
wrong. The convicts with their captives
made their way towaTd a small post com
manded by Guard W. H. Harris, who was
armed with a rifle.
Knives to Kill Guards.
Five of the gang surrounded Captain
Murphy, and two of them had Jolly. The
convicts had knives in position for im
mediate execution, should the guards at
tempt to free themselves. They had no
sooner stepped into the open than the
seven guards commenced firing, and with
in 20 seconds fully 100 shots had been fired,
and the seven convicts were on the
ground helpless. The convicts were very
bold as they approached Guard Harris,
who stood ready to act according to the
standing orders to shoot regardless of
"When within 40 feet of the outside
guards, one of the convicts gave the com
mand: "Hand out your gun, or we will
stab Murphy to the heart"
Instead of handing out the rifle, Harris
sent a bullet into the fellow's body and
he fell to the ground. In quick succession
Harris fired at each of the remaining con
victs who wore trying to shield them
selves behind Murphy and Jolly.
"Bough House" Kelley, the last of the
convicts shot, had borne Murphy to the
ground with him, and was under the offi
cer for protection. "With wonderful cool
ness and nerve. Murphy wriggled about
until Harris could draw a bead on Kelley,
and one shot took all the fight out of
him. In the meantime, bullets from other
posts were flying thickly about, many of
them striking the convicts.
Guard Hits His Captain.
Captain Murphy was struck by one of
them, a slight wound being inflicted in
the leg, and Jolly was struck in the neck,
the bullot coming out through the cheek
and Inflicting a very serious wound,
though probably not a critical one. Two
of the convicts, named Campbell and
Ford, intended joining the others, but
their courage failed them when the shoot
ing began. The guards who did the shoot
ing besides Harris were O. C. Lewis, T.
Foley, W. Gallagher, L. Anderson, D. Vf.
"Wiley and J. Woods.
To have made their escape from the
prison, the convicts would have to go up
'or down the railroad track, through a
long line of guards. They evidently de
pended on capturing Woods' rifle to suc
cessfully carry out their plans. The
Itnlvea In their possession were blg dan
gerous-looking weapons and had evident
ly been concealed many months in the
At the time the first shot was fired
Warden Tell was-in his office. Grabbing
his revolver, he rushed to the bluff over
looking the convicts, and thence down
near the scene. He signaled the guards
to continue shooting, and he put his re
volver Into operation also, at the same
time giving orders to the remaining con
victs, who were crouching behind rocks
and in other safe places, to. line up and
march In. This they did in quick order.
The appearance of the Warden in the
midst of the fight gave his guards in
creased courage to carry out his orders.
Lieutenant of the Guard Cochrane imme
diately lined up 20 guards from about the
yards, and in a surprisingly quick time
had them In a position to resist a general
revolt During all the trouble, only one
Gatllng gun was brought into play, and
that only to frighten the participants.
WARM WELCOME TO TOGO.
Victorious Admiral a Trifle Embar
rassed by the Enthusiasm.
TOKIO. Dec SO. (11 A. M.) Admiral
Togo and Vice-Admiral Kamlmura, with
their staffs, arrived at the Shimbashi sta
tion at 9:20 o'clock today. Their journey
from Kure to Tokio was a continuous
ovation. At an early hour today the streets
were filled and the city was gaily decorated
with flags, lanterns and New Year's deco
rations. Representatives of the Emperor
and Empress. Prince Fushlma, Jr., elder
statesmen, Ministers, prominent Japanese
and thousands of school children greeted
the arrival of the naval heroes at the sta
tion. The presidents of both Houses of the
Diet presented them with the resolutions
of commendation passed by their respec
tive branches of Parliament
The quiet, gray-bearded Admiral Togo,
in a blue service uniform, seemed em
barrassed at the noisy ovation. Roar-Admiral
Shlmamura, chief of staff, laugh
ingly elbowed forward Vice-Admiral Kam
lmura. The junior officers tried to clear
the way. but the crowd closed in on Ad
miral Togo and they were frequently
forced to push the crowd backward in an
endeavor to clear the reaching hands.
Finally Admiral Togo and Vice-Admiral
Kamlmura were freed from their enthusi
astic admirers, and, surrounded by offi
cers, they reached the carriage dent by
the Emperor to the station to convey the
distinguished party to the palace. As Ad
miral Togo appeared a great shout arose,
hats were thrown In the air, arms were
raised and "banzai" followed "banzai."
Preceded by gendarmes, the party drove
under the triumphal arches, waving flags
and discharging fireworks through the
cheering crowds, to the navy department,
where a brief stop was made, during
which the congratulations of the Ministers
were received . and future successes were
Admiral Togo and Vice-Admiral Kamlmura-
then proceeded to the palace to re
port to the Emperor. They will probably
remain In Tokio about one week for the
purpose of consulting with the general
staff and perfecting plans for future oper
ations. 'BLUEJACKETS RAISE A SOW.
Shore Leave Is Forbidden the Entire
American Fleet at Valparaiso.
VALPARAISO. Chile, Dec. 29.-Some
American bluejackets who came ashore
here today became intoxicated and created
a disturbance. The trouble was not seri
ous. The Amorican Charge d'Aff aires - here
had a conference today with the govern
ment, at which It was agreed that Ameri
can sailors shall not be granted further
shore leave, so as to prevent the recur
rence of disorders. The Imparclal calls
upon the government to deal with guilty
persons according to the Chilean laws.
The cruisers New York, Chicago and
Marblohead and the gunboat Bennington,
of the United States Pacific squadron,
Rear-Admiral Goodrich commanding, aro
now at Valparaiso.
EUH0KI SENDS -A MESSAGE.
Replies to Congratulations of Con
vivial German Club.
BERLIN. Doc. 29. A convivial circle at
Dortmund sent General Kuroki in Sep
tember a card of enthusiastic congratula
tions on his military successes and has
now received the following answer:
The Battlefield, in Manchuria, Nov. 5,
1904. How I rejoice to be congratulated at
so great a distance upon our victories. As
you know, we are pupils of German tac
ticians, hence I have double pleasure in
being congratulated by German men.
"With special regards, your obedient
The above letter from General Kuroki
removes all doubt, if any existed, that
General Kuroki is still alive. He was
persistently reported to have been killed
during the fighting of October last
CHICAGO IS HOT LIABLE.
Damages Cannot Be Collected for
Lives Lost in Iroquois Fire.
CHICAGO, Dec. 29.Judge Charles M.
Walker today decided that the City of
Chicago is not liable for damages grow
ing out of the loss of life In connection
with the Iroquois Theater flre.
This was the last day in which, under
the law, claims for damages could bo
filed. In the last hour of the court today
49 suits aggregating $490,000 were filed in
the Circuit and Supreme Courts.
MBS. W. A. CLARK COMING HOME
United States Senator Will Sail With
Wife and Child Soon.
PARIS. Dec. -29. United States Senator
W. A Clark, of Montana, with his wife
and child, will sail for New York on board
the German Lloyd steamer Kron Prinz
Wilhelm on January 4. and they will take
up their residence in Washington, D. C.
Mrs. Clark has lived several years in
TRANSFER LAW IS UPHELD.
May Neither Be Given Away or Sold
In New York.
NEW YORK, Dec. 29. Justice Olmsted
handed down an opinion in the Court of
Special Sessions today holding that th
law against the selling or giving away of
street railway transfers is constitutional.
Lost Lives Sn a Farm Fire.
GENESEE. N. Y., Dec. 29. Three persons-
lost their lives in a flre that de
stroyed the farm residence of Charles
McMillan, at the head of Conesus Lake,
today. The dead: Charles TtfhMlllan,
Lottie McMillan, his bister, and Frank
McMillan his nephew.
Senator From New York
Will Be Re-elected.
ODELL GIVES UP FIGHT
Says He Finds State Sentiment
Is for the Incumbent
HARMONY IS WELL PRESERVED
Ex-Governor Black Was Supposed to
Have an Ambition to Go to Wash
ington, but His Candidacy
Was Never Announced.
NEW YORK, Dec 29. Chauncey
Mitchell Depew, of New York, will suc
ceed himself for a term of six years as
United States Senator from the State of
New York, continuing as the colleague of
Senator Thomas C. Piatt, who has four
years more to serve. The formal an
nouncement of this conclusion was made
late this afternoon at the Fifth-Avenue
Hotel by Governor Odell, as chairman of
the Republican State Committee, and
came as the culmination of a series of
conferences by prominent Republicans ex
tending over several weeks, especially
continuous during the past three days.
The purport of the announcement is that
the candidacy of ex-Governor Frank C.
Black, of Troy, which has been warmly
pressed by his friends during the past
fortnight or more, is to be withdrawn and
that' the name of Senator Depew will be
the only one presented, to the caucus of
Republican Legislators, which will select
the party's candidate for Senator.
Governor Odell's formal announcement
which is regarded as closing the contro
versy on the subject, gives It as his con
clusion that "party harmony will be best
subserved by the re-election of , Senator
Depew," concedes that the sentiment fa
voring his selection is very strong
throughout the state, and declares that
"It would have been the worst kind of
party generalship to have run counter to
this expressed public opinion-"
Black Withdraws His Name.
Late In the afternoon a letter was given
out addressed by Mr. Black himself to
Senator D'epew, In which the ex-Govornor
withdraws his name from further consid
eration for the Senatorshlp, and declares
that in this course his duty as a Repub
lican and his private sentiments coincide.
In a graceful letter of reply. Senator JDe
pew thanks Mr. Black for his cordial
sentiments, and declares that the ex-Governor's
action places the party under great
obligations to him. Governor Odell left
the city, it was said, for Newburgh early
this evening. This Is the statement which
he gave out before leaving Republican
"As chairman of the Republican State
Committee of New York, after a long
series of inquiries extending all over the
state, I have reached the conclusion that
party harmony will be best subserved by
the re-election of Senator Depew. In the
position which I occupy, I am frequently
called upon to pass upon the claims of
friends, and while my sympathy may be,
as was the case in the present Senatorial
contest, with one stronger than the other,
yet one must recognize the fact that per
sonal Interests must always be subservient
to party success.
"A month ago my knowledge of the sit
uation In the state was not as complete
as It is at present, and thoso of my friends
who thought that a change might be de
sirable for party reasons must now rec
ognize the sentiment which has manifest
ed itself all over the state so strongly
for the return of Senator Depew. Such
being the case, it would have been the
worst kind of party generalship to have
run counter to this expressed public opin
ion." SETLTED At A CONFERENCE.
Depew the Only Name to Be Pre
sented at the Republican Caucus.
NEW YORK, Dec 29. Governor Odell
announced today that the United States
Senatorshlp had been settled and that
the name of Chauncey M. Depew would
be the only one presented at the Repub
lican caucus.. At the adjournment of the
meeting at the Republican Club, between
Governor Odell, Senator Depew. Speaker
Nixon and Senator Malby, Governor Odell
went to the Fifth-Avenue Hotel. He was
asked to confirm the statement that the
Senatorshlp had been settled. He said:
"It has been absolutely settled."
In reply, to a question whether this
agreement was In accord with his own
personal preference or whether he yielded
to the party leaders. Governor Odell said:
"I.would not be human If I did not have
a personal preference; but what I wanted
was to find out the choice of the whole
Governor Odell was asked: "Did you
just find out that the sentiment qt tho
"No, I. did not just find it out I have
been working on the matter ever since
"Did the Piatt conference last week have
any effect on your course?"
"I can't say that it did. Many of my
friends attended that conference and it
brought out nothing particularly new. I
knew all along that there was a strong
party was for Depew?"
Depew in Great Glee.
The conference must hae been as ami
cable as It was brief, as sounds of mer
riment could be heard. Senator Depew
had been in conference only a few min
utes when he hurried out, his face
wreathed in smiles. He said:
"The optimist wins, as he always does,
and I am It The Senatorshlp is settled
in my "favor and thrctugh Governor Odell
harmony has been brought about He is
.too only man-la .ths state who. could hava
brought harmony out of tho situation. I
am very grateful to him."
"How about Black?" the Senator was
"I understand that he is satisfied that
the matter has been settled amicably and
that there Is general Jiarmony."
When it first became known publicly
that there had been differences of opinion
over party policy between Senator Piatt
and Governor Odell, public attention was
directed to the two seats in the United
States Senate held by Piatt and Depew
almost as much as to the convention
which would nominate the next candidate
for Governor. Senator Piatt went before
the Legislature for re-election two years
ago and was returned, but three Repub
lican State Senators refused to support
Black Did Not Show His Hand.
Tne campaign to return Mr. Depew prac
tically began at that, time and. was con
tinued up to today, ivhen he was able to
announce Its success. It was known all
along that Mr. Depew regarded Mr. Piatt
as a very good frienS, and that he did
not desire to do anything that would give
pain to the man who had led the Repub
lican party in thlsjstatejor so many
La3tun5vprlor to the meeting' of
the state convention, it was reported in
political circles that ex-Governor Black
desired to go to the United States Sen
ate and that he would have the support
of Governor Odell. Never, however, did
Mr. Black announce himself as a candi
date, and not at any time till today did
Governor Odell make known his position.
BITTER HATRED IN TRENCHES
Opposing Forces at Close Proximity
Try to Pot Each Other.
MUKDEN, Dec 29. Cossacks today
brought in -the body of Captain EridarofT,
a noted scout, who was killed In an attack
on the village of Tlfanty.
Intense hatred exists between some of
the opposing forces in trenches close to
gether notwithstanding the friendly terms
existing at other parts on the fronts of
the two armies. The Japanese try to heat
their shelters at advanced positions with
charcoal fires concealed In small braslons,
so as to show no light One of these re
cently was broken and the flre exposed
tne position of the Japanese picket The
whole party was Immediately wiped out
by a furious Russian flre.
There was a sharp skirmish December
2S at Sinchinpu. A concealed mortar bat
tery inside the Russia lines opened on
the Japanese position, driving out a num
ber of the Japanese, who sought refuge
among the trees and bushes. A shell ex
ploded a Japanese mine ix front of the
trenches, inflicting considerable damage.
The Russian batteries are connected by
telephone and report the results of each
other's flre. Recently a field battery post
ed on the heights caught a detachment
of Japanese and drove them ail out of
their trenches in' the immediate front
Russian Officers Identified.
SHANGHAI, Dec. ,29. According to
private advices from Sasebo received
here today Commander Pelem, of the
Russian torpedoboat-dest -oyer Rasto
ropny, and another officer of that ves
nel havo been identified .among those
oil board tho taptare5 British steamer
CONTENTS OP TODAY'S PAPER
TODAY'S Occasional rain; probably cooler
Friday afternoon or night; high southerly
winds, diminishing- durlne the afternoon.
YESTERDAY'S Maximum temperature, 65
de.; minimum. 41. Precipitation, 1.63 Inch.
- War in the j"ar East.
In the capture of Fort Rthluns the Japan
ese secure complete control of Tort Ar
thur harbor. Page L
Garrison puts up heroic defense and leaves
half ltj number dead. Page 1.
Lord Roberts says people of Great Britain
must learn art of war. Page 3.
Advocates large reserve through military
instruction of the youth of all classes.
Premie' Tisza gives statement concerning
Hungarian politics. Page 6.
Admiral Kacankoff is recalled from Paris
on account oL Illness. Page 3.
Arrangements being made in Berlin for a
heavy Russian loan. Page 3.
Scandal In Episcopal Church.
Mrs. Emma D. Elliott says Dr. Irvine la
a tricky man, and should be horse
whipped. Pa?e 1.
Says she was never married on the Euro
pean plan, and does not know what
that means. Page t
Dr. Irvine tells of friendship of Mrs. Elliott
and Bishop Talbot. Page 1.
Governor Odell announces Depew as the
Republican candidate for United States
Senator. Page 1.
Colorado Republicans are agreed on the
reseating of Governor Peabody. Page 6.
Judge Carpenter called before Colorado Su
preme Court explains his crorr In man
damus proceedings. Page C.
Delaware Legislature is in deadlock.
Representative Kay confident of securing
House Speakership. Page 12.
OH steamer Northeastern pounding to pieces
off Cape Hatteras. Page 4.
Captain and crew of Drumelzler taken off
by llfesavers; vessel will be a wreck.
Rumor that T. V. Lawson has settled with
H. H. Rogers. Page 1.
E. S. Jocelyn dies the day his 0-year-old
claim against the Government' Is settled.
Page 5. . f
Money and the open shop are discussed be-
for the American Economic Association.
Cornmer'cial and Marine.
Local jobber3 lose orange trade with In
terior. Page 13.
Government crop report disappoints bull
traders at Chicago. Page 13.
Healthy advance In stock prices. Page 13.
Jfo new crop chaterlng at San Francisco.
Last grain ship of the year clears. Page 12.
Three convicts are killed and three injured
in attempted break from Folsom prison.
Page 1. '
Parasites imported to exterminate codlln
moth. Page 5.
Portland and Vicinity.
Multnomah's vote goes to Dr. KuykendalL
Grand Jury Is Investigating tbe rent
ing of property to immoral tenants.
East Side wants active postal station.
Mayor Williams says ho has no reason to
fear grand Jury Indictment Page 14.
BInger Hermann ends his testimony before
Federal grand jury. Page 8.
Monster Iron statuo from Alabama for Lewis
and Ci XDOsItion. Page 10.
Manager Butler, of Bridge Company, de
fends figures on Morrison-street' bridge.
Page 8. -
Old .man and. young girl elopo from' So-
. attle andare-m'Cercepteld - by ""police.
AtlGRY AT IRIE
Says Mrs. Elliott
WISHES HER FATHER LIVED
Divorcee Says He Would Pun
ish the Unfrocked Rector.
BISHOP TALBOT DEAR FRIEND
Term of "Marriage on European Plan"
Puzzles the Woman at the Bot
tom of the Episcopal
HUNTINGTON, Pa., Dec. 29. (Special.)
"Who Is Dr. Irvine, that he should cast
brutal insinuations at me?" indignantly
asked Mrs. EmmaD. Elliott, of this place,
addressing an interviewer at her home
here. Then she proceeded as follows to
tell what would happen If she had a real
defender by saying:
"It my father, Generol Robert Desha,
were alive, ho would horsewhip the man
who has stooped to insult a defenseless
woman and to couple her name with that
of a dignitary of the church he should
love' and respect, not hold up to the gaze
of a curious public, ever willing to be
lieve the worst especially If there Is a
woman In the case.
"Poor Bishop Talbot; how annoyed he
must be. He Is a good, honorable man
and it is perfectly ridiculous that his name
should be coupled with mine in- order to
do us both injustice. "Why, I am a grand
mother and I have three grown-up sons.
Is it not perfectly absurd?
"Yes, Bishop Talbot is a friend of ours,
and a dear, good, true one. He was the
best friend Dr. Irvine had until Dr. Ir
vine became so nasty that even a saint
could not endure him. Dr. Irvine is a
tricky, dangerous man, and I confess that
I am afraid of him."
Concerning her earlier marriage, Mrs.
Elliott allied: "I see they say I -was
married 'to a James Anderson -on tho
European plan. First It was Jamea Alex
ander, and now It is James Anderson. I
want to say that I never knew a man by
either name, and surely did not marry
them. I do not know what they mean by
a marriage on the European plan."
FREQUENT CALLS ALLEGED.
Dr. Irvine Says Bishop Talbot Some
times Neglected Church Service.
PHILADELPHIA, Dec. 29. (Special.)
Dr. Ingram N. W. Irvine today said that
the hostility of Bishop Talbot toward him
self was because he had "persistently re
fused to serve communion to Mrs. Emma
D. Elliott, of Huntington, who is " di
vorced, against the wishes of Bishop Tal
bot who -Is a stanch friend of the wo
man." The canons of the church provide
that a man or "woman divorced on any
charge, except thafqf adultery, cannot re
ceive the holy sacrament In the face of
this, Bishop Talbot, while he publicly sup
ported the canon, covertly and by secret
meetings with Mrs. Elliott, who Is a wo
man divorced on the grounds of deser
tion, sought to have her remain in fhe
"Bishop Talbot and Mrs. Elliott are
said to be on very friendlyterms. Her
home In Huntington is but three doors
distant from St John's Church. It was
this friendship," said Dr. Irvine, "that
impelled Bishop Talbot to keep her in the
church. It is a noted fact that Bishop
Talbot made frequent calls at her home,
even during the seasons of Lent and the
length of his visits has varied from a day
to a week.
"Often when services were being held
In the church he has been known to be
absent In order to spend the time in her
company. All these facts-'ln detail will
probably be brought out at the trial."
Dr. Irvine's attention was called to a
statement alleged to. have been made by
Bishop Talbot that the aged Bishop Bur
gess, of Qulncy, 111., had written him on
his deathbed that Irvine had outraged
two girls in Qulncy. A copy of the letter
In which Bishop Talbot made this charge
accompanies the presentment against
against Bishop Talbot
"I fling the lie back into Bishop Tal
bot's teeth, and were It not for the church
It would be my duty to horsewhip him for
making that statement," said Irvine.
IRVINE DEMANDS VINDICATION
Question Is Whether a Bishop Can
Write Secret Defamatory Letters.
PHILADELPHIA, Dec. 29. "Can a
bishop or ought a bishop write defama
tory letters in secret in order to Injure
any member of the ministry?" This is
the question that will be decided at the
meeting of the board of inquiry in the
case of Irvine vs. Talbot, said the Rev.
Ingram N. W. Irvine, the plaintiff in the
celebrated case, today, in discussing the
charges which have been made against
"My reinstatement" continued Dr. Irv
ine, "is of secondary consideration when
contrasted with tho above query. Of
course, I wish to have this unjust depo
sition removed, but I wish also, entirely
without malice, to be vindicated In the
sight of God and my friends."
In discussing the motive for the pre
sentment, Dr. Irvine said that it was be
cause he had persistently refused to serve
communion to Mrs. Emma D. Elliott, of
Huntingdon, Pa., who is divorced, against
the wishes of Bishop Talbot
Referring to the letter which Bishop
Talbot is said to have written to Dr.
Upjohn, in whlcli the former termed Dr.
Irvine a, "plausible romancer." and had
charged that he was deposed for gross
Immorality Dr. Irvine said that Bishop
Talbot has placed himself in a most awk
ward position, as the falsity of his
charges could be proven.
Drv Irvine said, in conclusion, that he
is not a member of the Catholic Club, nor
has he ever made any accusations at
the club or had words with Dr. Upjohn.
WITNESSES BY THE SCORE, j
Woman of High Social Position Will
Give Voluntary Testimony.
NEW YORK, Dec 29. The World will
say tomorrow in regard to the Talbot
Lawyer Noble, although In Philadelphia
yesterday, was out of the city and in se
cret consultation with hl3 detectives, who
are now at work in Central Pennsylvania.
Today he will visit Philadelphia, osten
sibly to confer with Rev. Mr. Bodine,
chairman of tho committee of Inquiry.
More than 200 witnesses will be sum
moned to Reading to testify before the
committee of inquiry. Those best in
formed believe that the evidence of the
first 25 witnesses will be sufficient to se
cure a verdict against the bishop.
One of the first witnesses to be called
is a woman of fine social position in one
of the wealthiest cities of Pennsylvania.
This lady will bo a voluntary witness, and
her testimony will probably bo used to
pave he way for the more Important evi
dence which tho presentment lawyers are
The technical question raised by the
Talbot faction as to the canonical validity
of the presentment must be determined
by Bishop Tuttle. of St Louis, presiding
bishop of the Episcopal Church.
Interest in Question of Jurisdiction.
PHILADELPHIA, Dec. 29. Interest
in the case of Dr. Ingraham W. Irvine
against Bishop Talbot, of the Central
Pennsylvania diocese, today was large
ly centered in tho question as to wheth
er the proceedings brought by Dr. Irv
ine will be uncanonical after the New
Year. The point raised by Rev. John
Fulton, editor of the Church Standard,
that the board of inquiry will have no
power to proceed because the canon
under which the board was named will
be superseded by a new canon on Jan
uary 1, was discussed by lawyers and
clergymen, and a wide difference of
No one can be found who will ven
ture a positive opinion on the ques
tion because the revised copy of the
canons adopted at the last general con
vention is not obtainable here. The
original is said to be in the hands of
Dr. Anstice, of Now York, who has
charge of the printing.
J. Frederick Jenkinson, who is one
of the presenters in the case, said to
night that he believed nothing would'
be done until the board of Inquiry met,
and that tho members would then de
cide whether they have jurisdiction In
the case. If they decided that they
have not, it would then be only a mat
ter of a short time before the proceed
ings would be instituted under the
- Signers Repudiate Presentment.
PHILADELPHIA, Dec. 29. Dispatches
from Huntington. Pa., tonight state that
some of the Huntington signatories to
the presentment have repudiated the pre
sentment, and say It was never their in
tention to sign a paper of the character
that has appeared in tho press.' If this
be true, the proceedings must be dropped,
as a presentment of the character
mado against the bishop, must contain
the names of at least-three persons from
the diocese in which the accused bishop
It Is said the paper was signed by the
Huntington men under a misapprehen
sion, they believing that they were assist
ing in closing a long controversy, .and not
one in which their bishop was to be
brought to trial.
When J. F. Jenkinson was told of the
information received from Huntington
today he said that the names of the
Huntington men were signed at the end of
the original presentment. The names of
the Philadelphia signers, he said, were on
the same sheet upon which the names of
the Huntington presenters appeared.
STORIES OF A SETTLEMENT.
Lawson Said to Have Received His
Check From Standard Oil Magnate.
BOSTON, Mass., Dec 29. (Special.)
Rumors of a Lawson settlement wero
more persistent than ever today. No
verification of the report that Everybody's
Magazine has changed hands and that
the "Frenzied Finance" articles will bo
stopped could be had, nor of the report
that Lawson Is about to take a trip to
Europe. Mr. Lawson could not be reached
at his home or office, and it develops that
he is locked up at a hotel in conference
with some one and refuses to accept any
messages or to be interviewed.
It is not believed that the stories of ID1
settlement are well founded, except that
threats have been made to Mr. Lawson.
It is understood that some time ago a
friend of H. H. Rogers offered Lawson
J500.000 In settlement, 'but that Lawson
claimed Rogers owed him $1,000,000 and
would not settle for $500,000.
Rumors of a check for the larger amount
from Rogers to Lawson have been cur
rent for several days, but investigation
by a news agency has disproved the ru
mor at its source every time.
DEADLOCK HT DELAWARE.
Regular Faction, In Minority, Insists
on Equal Division of Offices.
DOVER, Dec 29. After spending the
entire day in fruitless, balloting the new
Delaware Legislature, which convened
in extra session today, adjourned without
having effected a permanent organization.
The House elected Representative Baggs,
Union Republican, temporary chairman.
The two houses will meet again tomor
row morning. When the factional differ
ences can be adjusted sufficiently to bring
about an organization, the Judgment Hen
law, to adjust which the extraordinary
session Is called, will be passed on. The
deadlock over the organization was the
result of differences between the Union
(Addlcks) Republicans and the regular
Republicans over the division of the legis
lative offices. The Unions, who are in
the majority, insist on having two-thirds
of the officers, while the regulars demand
that they be equally divided.
GOOD HEALTH ON ISTHMUS.
No Casualties Among 1500 Americans
in Eight Months.
WASHINGTON, Dec 29. Commis
sioner Greene and Examiner Snyder, of
the Civil Service Commission, returned
here today from a three weeks visit
to the Panama Canal Zone, where they
went for the purpose of Introducing- the
Commission's rule for the employment
of people connected with the canal.
There has been an average of 1500
Americans on the isthmus for the past
eight months, and not one death has
occurred anions them. - -
Japanese in Control of
MANY GUNS ARE CAPTURED
Half of the Garrison Is Killed
in the Defense.
JAPANESE COMMAND . HARBOR
Second Pacific Squadron Will Find
No Haven Even if It Should
Slip by the Opposing
HEADQUARTERS OF THE JAPAN
ESE ARMY, BEFORE PORT ARTHUR,
via Fusan, Dec. 29. Rihlung fort was
captured at 3 oCclock tills morning, with.
1000 Japanese casualties. Seven dynamlto
mines, exploded at 10 o'clock yesterday,
made breaches in the front wall, through
which a large body of Japanese Charged,
under cover of a tremendous bombard
ment, and captured the first line of light
guns. A bitter fight resulted in the cap
ture of the fort.
Rihlung Fort, situated about two miles
from the outskirts of tho town of Port
Arthur, from It bears northeast Tho
fort Just captured is a mile and a halC
southeast of Kekwan Fort, recently cap
tured by the Japanese. The nossesslon
of these two forts should make a most
Important breach In the fortifications of
Port Arthur and cut off communication
between the hill forts and the forts of tho
western section of the inner circle of
Outside the capture of 203-Meter Hill,
on the western section of forts, little is
known of the exact positions occupied by
the Japanese, but it would seem from tho
material available that the Inner circle of
forts Is now cut In three pieces and that
203-Meter Hill prohibits communication
with the Llao Tl section forts, just a3
possession of Rihlung and Kekwan forts
cuts off communication with the Golden
Hill Fort, except by the many under
ground ways which are said to exist In
various parts of the fortress.
From Rihlung Mountain, which Is near
ly opposite 203-Meter Hill, it would appear
that the Japanese fire will be able to
reach anything in tho harbor and town
which the Japanese heavy guns on 203
Meter Hill are unable to hit, thus making
it apparently Impossible for the Russian
second Pacific squadron to make any use
of Port Arthur, even should tho Japaneso
content themselves with holding tho
strong positions they now occupy.
DEFENDERS FIGHT TO FINISH ;
Nearly Half of Fort Rihlung Garri
son Is Slain.
TOKIO. Doc. 30 (1:30 A. M.) Tho head
quarters of tho army besieging Port
Arthur telegraphs that on the night of
December 23, after tho occupation of
Rihlung fort, a small body of Russian
still offered resistance in the passage be
twoen the siege-gun line and tho gorge.
At 3 o'clock In tho morning they wero
dislodged entirely and the occupation oj
the fort became secure
According to the statement of threo:
prisoners the defenders of Fort Rihlung
numbered about 500, besides some sailors
A majority of the defenders were killed.
The trophies captured with Fort Rihlung
Include 'four large-caliber guns seven
small-caliber guns, 37 millimeter guns,
two machine guns and much property as?
yet unenumerated. ,
Forty-Three Guns Taken.
TOKIO. Dec. 30 (1:30 A. MO The Jap
anese captured 43 guns when Rihlung
fort was taken.
AFTER MONTHS OF LABOR.
Rihlung Mountain Was Carefully;
Sapped and Mined.
TOKIO, Dec 29 (noon). AfteS
months of fighting, dapping and mining-,
the Japanese forces finally occu
pied Rihlung Mountain last night, De
cember 28. A report received from
headquarters of the third Japanese
army before Port Arthur, received
here on Wednesday, December 2S, atf
"On Wednesday, December 28, at 10
o'clock in the morning, the left center
column of our army, following some
heavy explosions on the frontal para
pet of Rihlung Mountain, charged and
occupied the parapet under cover ot
flre from heavy guns and constructed
defense works, despite the enemy's
"At 4 o'clock; in the afternoon, when
our occupation was practically assured,
we charged and occupied the inner
lines of heavy gun positions, subse
quently dislodging a remnant o the
enemy's force stubbornly holding the;
gorge fort, which we occupied and. cap
tured the entire works."
MINES MADE HOLES IN WALL.
Japanese Charge and Capture Rih
HEADQUARTERS OF THE JAPAN
ESE ARMY BEFORE PORT ARTHUR,
via Fusan, Dec 29. Rihlung Fort wag
captured at 3 o'clock this morning, with
10CO Japanese casualties. Seven dynamlta
mines, exploded at 10 o'clock, yesterday,
made breaches In the front wall, through,
which a large body of Japanese charged,
under cover of a tremendous bombard
ment, and captured the first line of light
guns. A bitter fight resulted in the cap
ture of the fort The garrison, numbering
500 men, escaped.
Russian Loan Is Concluded.
ST. PETERSBURG. Dec. 29. Arrange
ments for the issue of a 4" per cent loan
of $115,000,000 has been definitely concluded
with a group of financiers headed by the
Mendelssohns of Berlin. There will be no
drawing of bonds for compulsory redemp
itlon ou conversion foi; 12 years.