Morning Oregonian. (Portland, Or.) 1861-1937, December 30, 1904, Image 1

Morning Oregonian., December 30, 1904, Image 1

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Newspaper Page TextVOL. XLIV. NO. 13,747. PORTLAND, OREGON, FRIDAY, DECEMBER 30, 1904. PRICE FIVE CENTS. THREE ABE DEAD Seven Convicts Dash From Folsom. GUARDS FIRE INSTANTLY RockpileGang Makes Mad RusH at Officers, NONE GET THROUGH THE NET Captain Murphy Wounded by Shot of Guard Harris While Lying-Upon Body of Prisoner Who Had Captured Him. 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 die: 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. Slightly -wounded: 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 ; woqtvie. 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 consequences. "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 rocks. 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 toasted. 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 sen-ant, KUROKI." 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. g 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 Paris. 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. UIMFDRflEPEW Senator From New York Will Be Re-elected. ODELL GIVES UP FIGHT Says He Finds State Sentiment Is for the Incumbent v 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 headquarters: "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 party." Governor Odell was asked: "Did you just find out that the sentiment qt tho for Depew?" "No, I. did not just find it out I have been working on the matter ever since election day." "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 asked. "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 him. 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 Xlgretia. CONTENTS OP TODAY'S PAPER The Wrather. 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. .Foreign. 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. Page 3. Premie' Tisza gives statement concerning Hungarian politics. Page 6. Kussla. 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. Political. 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. Page 12. Representative Kay confident of securing House Speakership. Page 12. Domestic. 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. Page -i. 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. Page 0. 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. Page 13. Last grain ship of the year clears. Page 12. Pacific Coast 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 Page 14. Grand Jury Is Investigating tbe rent ing of property to immoral tenants. Page 7. East Side wants active postal station. Page 7. 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. Pace 8. AtlGRY AT IRIE Needs Horsewhipping, 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 Church Scandal. 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 church. " "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 him. "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 case: 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 now gathering. 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 opinion prevails. 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 new canon. - 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 lives. 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. - - T 1 Japanese in Control of Rihlung Mountain. 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 Vessels. 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 fortifications. 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 midnight, says: "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 fierce fire. "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 lung Fort. 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.