r THE MOBNEtfG OKEGONIA27, SAUBDAX JANUABY 28, 1905. TRIAL BAY IS SET Judge Swayne Given a Week to Answer Charges. DOES. NOT APPEAR IN PERSON Expectant' Crowd Disappointed ' of Spectacle Actual Trial Begins February 1 3-RrohlbitIon - in Oklahoma" Discussed.. WASHINGTON, ..Jan. 27. Through his counsel, consisting of ex-United States Senators Anthony Hlgglns and John M. Thurston, Judge Swayne today appeared in the Senate, to make answer to the sum mons in connection with the Impeach ment proceedings against him as Judge of the United States for the Northern District of Florida. They obtained a week to make complete response and the time for the beginning of the real trial was fixed at February 13. The galleries were crowded and a. large number of members of the House were present. The discus sion of the statehood bill then was re sumed and Galllnger, Bailoy and Stewart spoke on the Galllnger prohibition amend ment concerning: the sale of liquor in the Indian Territory. At 1 o'clock, -when the trial ot Judge Swayne was resumed, much interest was manifested. There was an exceptional at tendance of Senators and the vacant epaces In the Senate chamber were all occupied by members of the House. The galleries -were crowded. The return made by Serjeant-at-Arms Randal! on the summons upon' Judge Swayne was read and, -after Mr. Randall was sworn as to the correctness of the return; he called for the appearance of the respondent saying: "Charles Swayne! Charles Swayne, Judge of the District Court for the North ern District of Florida, appear and an swer to the articles of impeachment ex hibited by the House of Representatives against you." Judge Swayne did not appear in person,' but -responded through -his Counsel. ex Senators Anthony Hlgglns and John M. Thurston, who took the seats assigned them, as did the House managers those assigned to them. Mr. Hlgglns announced the presence of -Judge Swayne in the city, but said that he desired to appear by his counsel, who had his warrant for doing. February 3 was -set for Judge Swayne s answer. The trial will proceed on February 13. The trial proceeding then terminated for the day. and the House managers and Judge Swayne's counsel withdrew to re turn February 3. Consideration of the joint statehood bill was resumed, Galllnger addressing the benate in support of his amendment vrcy hlbltlng traffic in intoxicating liquors in Indian Territory, saying the Indians themseH'es desired to be so protected. Spooner expressed the opinion that. In admitting a state, Congress had no right to grant privileges to one class and not another, nor could the Federal Govern ment retain control of one class of of fenses and cede It In others. If. for In stance. Congress could retain control of the sale of liquor, it could retain it in case or burglary. "Or of bigamy, or polygamy." suggested Jtau or Connecticut. xes, responded Spooner, and he added: "Utah ought not to have been ad mitted into the Union, but, once admitted on an equality with other states. Con gress had no more powor to deal with polygamy there than it had to deal with burglary there." Stewart supported the amendment, pav ing that the guardianship of the United States over the Indlanstdid not cease .to exist "so long as the Government exercised control over the property of the Indians, even though they be citizens. Bailey contended that, under the con stitution, no such discrimination was per missible. The Senate went Into executive session and adjourned. ACTS LIKE -A SULKY BOY. Williams Complained Because Demo crats Would Not Follow. OREGONIAN NEWS BUREAU. Wash ington. Jan. 27. The little flurry in the Democratic minority of the House cre ated by John Sharp Williams, of Missis sippi, shows to what small things a man of considerable ability will often descend. Williams' troubles was that the Demo crats did not follow him on a certain proposition and make a party matter out of a good piece of legislation proposed by Chairman Hull, of the military com mittee. A number of Democrats refused to go on record against a sonslblo amend ment which Williams opposed, and he showed his petulance bv havlmr r called for the purpose of finding out wnetner no was to be followed absolutely or whether the Democrats were to vote as they pleased. When Joseph W. Bailey was leader of the minority he nerformd in a similar manner, which made him as ridiculous as YWlllams has been made in the present Instance. It is a part of the Southern Idea of leadership. The leaders, co-called, demand absolute obedience from their party. The legislation which Hull nmnosoH and which Williams objected to. nmvldArt that retired officers of the army of high ranK, wnen selected by states for Na tional Guard duty, should not receive the full nay and emoluments of thoir mnir but should receive the pay and allowances of a major In the army. Williams under took to make the point that this was an attack upon Lieutenant-General Miles. who had been made a member of the staff of Governor Douslass. of MassachtiRMtK and by doing so. Instead of receiving the reurea pay or a lieutenant-General would have received the full nav imd at lowances of a Lieutenant-General on the active list, a difference or $3000 a year It his salnrv. Ttils nmnrimon rrni nnt -rll rected at General Miles Hlone. 'although he would have been the victim ot It, but :or a benate amendment. The object .of the amendment was very clear. There are somethlne over 3M 'Rrlir- adJer-Generals on- the retired list, and any of these securinir nssimmnt n-ith the National Guard would receive the full pay and allowances of their rank, instead ot tnree-quarter pay without any allow, ances of the grade of Brigadier-General It was a good, wholesome bit of legisla tlon. and a great many Democrats under stood perfectly well that It was in tio in. tereat of economy, and also in the Interest or netter discipline m the army. Men who could retire and still continue to receive their full pay and allowance by getting assignments with a state guard would do so to the detriment of the sen-Ice. It was a foolish thing on Williams' part to op pose It. but "he wanted to make political capital out of -what he thought was the Republican party's treatment of General Miles. TO IMPROVE ARMY POSTS. Liberal Allowance Sought for Van couver and Walla Walla. OREGONIAN NEWS BUREAU. Wash ington, Jan. 27. As soon as the army ap propriation bill becomes a law. Senator Ankeny and Representative Jones will confer with the Secretary of War and Quartermaster-General, with a view to securing liberal allotments of funds for further improvements at Vancouver Bar racks and Tort Wall Wslla. Appropria tions is r appro nng army posts are made in lump sums, which arc apportioned by the Secretary of war. There Is urgent need of new buildings and other improve ments at both posts, and the Department will be advised of the demands both of Vancouver Barracks and Fort Walla Walla. The latter post was about tp be Aban doned a year ago. but through the efforts of Senator Ankeny the order of abandon ment was revoked, and steps have since been taken to rebuild it on modern lines. It will require the expenditure of several hundred thousand dollars to put this post In good shape. WOULD TEACH JIU-JITSU. Lesson of War May Be Applied in Naval and Military Academies. WASHINGTON. Jan, 27. America is learning lessons from the Russo-Japan ese war which will prove valuable to both the Army and Navy of the United States. Some of -these lessons were considered at the meeting of the Cabinet today and the discussion which ensued will result In definite action within a few days. Some time ago President Roosevelt di rected attention, through letters to Sec retaries Taft and Morton, to the desira bility of encouraging by every means pos sible the physical development of cadets at both the Military and the Naval Acad emies. Subsequently the suggestion was made that Instructors be employed at the academies to teach the science of Jiu-jitsu, tne Japanese method of wrestling. At the meeting today the entire subject was discussed very fully. It was concluded to appoint a joint military and naval board to study the matter with the Idea of supplying the cadets at the two National academies with instruction, not only in wresllng, but in sword exercises and other forms of exercise which might prove of value to the cadets in personal encoun ters. It was pointed out that the Dendinjr Eastern war had demonstrated that hand-to-hand encounters were much more like ly to occur In the course of war than had been supposed. The reason for this condition, as Indicated by Secretary Taft, was the adoption of new methods of at tack.- The present war had developed an unusual number of night .attacks, in which tne attacking force usually was in very close proximity to the enemy before It was discovered. The result was hand-to- hand encounters. In many of these flght3 the Japanese, through their superior Knowledge of swordplay and their re markable agility, had overcome their op ponents. It was announced after the meeting that an order forming- the pro posed board would be issued soon. The Cabinet also discussed the subject or government supervision of wireless telegraphy. About a year ago a special board was appointed for the purpose of investlgatlong it fully. This board had made a report to the President. As the matter now stands, it will require Con gressional action to carry into effect the ideas of the Administration. It Is likely mat secretaries Morton and Taft will bring the subject to the attention of Con gress in a formal way. The Administration's views have been embodied in a bill drafted by the Com missloner of Navigation, assisted by Csd- tain Seabury. of the Navy, and others. The bill is to be revised further by the Cabinet It provides that no person or corporation shall use any apparatus for wireless telegraphy In this country or upon any American vessel. exceDt ho be licensed by the Secretary of Commerce and Labor. Persons exchanging messages or signals between points situated in the same state or on behalf of the American Government are to be exempt from this requirement, however. The official 11 cense shall provide that the President of the United States in time of war or public peril may close any wireless station or authorize Its use by the Government. The President is given power to cstab lish regulations which shall prevent Inter ference between the naval and military wireless telegraph stations and the prl vate or commercial stations. Each 11 censed station Is to be required to answer calls and signals from any other licensed station, and to receive all messages or signals offered for transmission to a neighboring station, the rate to be that customarily required for such service. This requirement is to be. observed, re gardless of the system used, on pain of revocation of the license of the offending person or corporation. Operation of any apparatus for wireless telegraph on a foreign ship, while that ship Is in American waters shall be in accordance with the regulations pro scribed by law. -Government stations are prohibited from- competing for commercial messages with licensed wireless stations. NAVAL BILL IS READY. Provides for Two Battleships, More Marines and Seamen. WASHINGTON. Jan. 27 The House committee on naval affairs, today decided upon the naval increase programme to be Incorporated in the Naval appropria tion bill, providing for only two battle ships. They are to bo of 36.O0O tpns each, representing the largest type, and carry ing tho heaviest armament and armor. The vote by which the two were adopt ed was 13 to 4. The Naval bill was completed today and will bo reported to the House by Chairman Foes. It carries approximate ly $100,070,000 There were different views in the committee as to the number of ships that should be authorized, some fa voring three, others but one. and at least one member opposed construction of any vessels. The first motion was for three battleships. An amendment was pro posed, limiting the number to one. which was defeated by a vote of 10 to 7. It was then amended so as to provide for two and adopted. The majority against providing torpedo and submarine craft was but one. The "bill provides for 30X) additional sea men and gives the Marine Corps 200 ad ditional noncommissioned offlcors and 1000 additional privates. RETURNS TO THE CHARGE. Williams Posing as Miles' Champion Free Seeds Under Discussion. WASHINGTON, Jan. 27. The House today passed the agricultural appro priation bill without material amend ment. The usual discussion on the free-seed distribution was indulged in. Lilly, of Connecticut, censuring: It as petty larceny. The Army appropria tion bill was sent back to committee after Williams, of Mississippi, had ob Jected to unanimous consent to non concur in the Senate amendments and send the bill to conference, and after Hull had refused to mako a motion to accept tho senate amendment regard ing retired Army officers assigned to active duty. Tho House adopted a resolution calling- on the Secretary of the Interior for Information as. to -whether any member, clerk or other employe of the Dawes Commission, who are required to swear that they have no financial Interest In any person or corporation dealing: in Indian lands, had refused to take the oath of office and to draw their salaries because ot such refusal, and also for Information as to whether or not such members or employes are engaged In dealing in Indian lands. After agreeing- to a resolution to de fray the expenses of the inauguration of President Roosevelt and postponing until tomorrow the consideration of the pension bill, the House in commit tee of the whole resumed discussion of the agricultural appropriation bill. A spirited debate followed the offer ing by Chandler, of Mississippi, of an amendment to increase by 3100.030 the appropriation for free seed distribu tion. Pou, of North Carolina, moved to in crease the appropriation to $(00,000. remarking that It would cost more than that to inaugurate President Roosevelt. Both amendments were rejected. An amendment was agreed to setting apart $10,000 for the Investigation and introduction of parasites and other natural enemies of the gypsy and brown-tail, moths. The present system ot the Agricul tural Department in publishing cot ton reports -was denounced by Living ston, of Georgia, who urged that the reports should be published every two weeks. In order to stop gambling in cotton. He moved an amendment ap propriating $100,000 to enable the Sec retary of Agriculture to' do this. The amendment was defeated, 29 to 52. The bill was then passed. Williams, ot Mississippi, revived the discussion as to retired officers of tho Army serving with the militia, when Hull, of Iowa, asked unanimous con sent that the Semite amendments to the Army appropriation bill be sent to conference. The Senate substltuto for the House provision was accept able to Williams, for he moved to con cur in that particular amendment. He asked Hull to make tho motion to con cur, but Mr. Hull declined, saying he was opposed to the amendment be cause. if the legislation was proper, it IN TOMORROWS OREGONIAN WHAT ONE NEWSPAPER DID POS PUBLICITY. Three pages of extracts from various journals and letters from prominent people in every part of the Union commenting on the annual edition of The Oregonian. These show the very wide publicity given, not only to the Lewis and Clark Centennial, hut to the City of Portland and the Pacific Northwest. . AMAZING WAVE OF CRIME SWEEPING- GREATER NEW YORK A medal correspondent, giving facts and figures, not opinion, points out that America's greatest city is more lawless than Leadville was in its heyday of riot. He shows that life and property are not safe in Gotham. BRONCHO-BTJSTING AS A PINE ART. A story of the Montana range, by Hugh Herdman, in which the foreman of a round-up tells of better horsemanship than you see in Buffalo Bill's Wild West Show. PRESIDED ROOSEVELT AND HIS CABINET. A Washington correspondent throws side lights on the President's official family, whom he meets informally twice a tweek. The ordinary Cabinet meeting is not a serious affair. HAPPY THE FATE OF THE FOUNDLING. A special New York correspondent writes a letter of deep human interest, telling how foundlings, under wise philanthropy come into their birthright of love. ALONG THE HEADLANDS OF SOUTHERN OREGON. Third of a series of letters by Alma A Rogers, who is in close communion with old ocean. LITTLE SERMONS BY ELBERT HUBBARD. Half a column of aphorisms from "The Philistine" editor; some of thorn have sweetness, while others bite. WHEN WINTER'S COLD GRIPS THE "ZOO." Everyone interested in wild animals will find an interesting topic in how the different creatures get through a hard Winter. Curiouslv the polar bear suffers and tropical deer revel in cold or bright days. GOING TO WED, DESPITE HER ROYAL SIRE. JThe love story of Princess Clementine, of Belgium, who is de termined to marry Prince Victor Napoleon, who would be Emperor of France if the Napoleon dynasty were restored. ALL THE NEWS AND THE CUSTOMARY DEPARTMENTS. Was Just as proper to make It retro active, and the bill was sent to toe committee on military affairs. KEEP EYE ON CORPORATIONS Commissioner Garfield Favors Annual Report to Government. WASHINGTON. Jan. 27. Commissioner of Corporations Garfield appeared before , tinii..'AniTntiM on ludlclarv today In favor of the bill requiring all corpora tions engaged in lntcrstaie commerce iu make annual reports to the Department of Commerce and Labor. Mr. Garfield said tho requirement ot the bill would be n von- pnnfl nnd safe cutdc for the col lection of information regarding the cor porations by the Government. "It will also afford to Congress the in formation upon those conditions concern ing which the greatest complaint has been made,' he added. For the Benefit of Alaska. WASHINGTON, Jan. 27. President Roosevelt signed today the most Important- measure affecting Alaska that has been enacted by Congress for several years. It provides for the construction and maintenance of roads and schools and the care of insane persons In Alaska. The bill passed the Senate at the last session, but was passed by the House only a little more than a week ago. Army Surgeon Poisoned In Islands. WASHINGTON. Jan. 27. The Military Secretary received a cablegram from Ma. jor-General Corbln, in command of the ..illpplne division at Manila, telling of the death from accidental wood alcohol poisoning of Contract Surgeon Frederick Richardson at Ligao, Albay. yesterday. He was a resident of St. Paul. Minn. FIGHTING YELLOW FEVER. Governor Davis Orders Drastic Meas ures Be Taken on the Isthmus. WASHINGTON. Jan. 27. A detailed statement of health conditions on the Isthmus of Panama is made in are port received today by Rear-Admlral Walker. Chairman of the Isthmian Canal Commission, from Governor Da vis, of the Canal Zone. The report is dated at Ancon, January 17, a.nd was sent before the cable Teport regarding yellow fever cases on the United States steamship Boston, which cases, however, it Is pointed out by the Com mission, originated elsewhere than Panama. The report says that only three deaths from yellow fever have actually occurred there since this Government took charge; that a systematic fumi gation of the entire City ot Panama Is now being made; that all yellow fever cases within Governor Davis knowl edge have originated in that city, and that, with the increasing force of men now engaged in mosquito extermina tion work. It is confidently believed that all mosquitoes capable of trans mitting yellow fever will be destroyed within a -month. Governor Davis adds: "That the disease is lurking here is quite evident; everything is being done that the sanitarians deslro to do or have proposed to do to obliterate the disease. "All of the cases of yellow fovcr that have occurred within our knowlcdgo have originated In Panama, and yet Colon is, as respects the question of filth and hygienic conditions, worse than Panama." BUSINESS 1TKSTS. If Ba&r Is Csttlnr Teeth. B core aa tue tfeai old fcad well-tried retaecr, lira. WltuioVs Sootlilnc Srrcp. tor caiUraa tcetUnc- It asoUtfcs the ct-Ud. aoltess the runs, tllar il pain, cattm riz4 coUa tsd dUrrho. After serious Illness Hood's SananariUa imparts the strength and Titer so much needed. EACH BULLET KILLS ONE ARIZONA GAMBLER'S DEADLY RE- VOLVER PRACTICE. In Revenge for Discharge, He Kills Three Men and Then Himself, Not Wasting a Shot. NOGALES, Ariz., Jan. 27. Ferdinand Walters, a gambler, early today shot and killed, in the Palace saloon and gambling house, M. M. Conn, proprietor ot the place; J. J. Johnson, a gambler; Moderato Olivas, a Mexican card-dealer; and then turned his revolver upon hlmaelf, send ing a bullet through his brain. Walters, who was known in the South west as the "Catalina Kid." had been en gaged by Conn to conduct a poker game in his house. A few days ago complaint was made by patrons of the resort that Walters had been using marked cards to win their money. George Howard, one of the managers, informed Walters that punfaic methods were prohibited In his jace .ana requested Waltera to turn over the game to another man. Waltera did so Wednesday night, remarking to the man who took his place that there prob ably would be some dead men around there before long. Shortly, before 4 o'clock this morning Walters strolled casually into the Palace and ordered something to cat Having finished his meal, ho walked leisurely up to the bar, where Johnson, known as "Cowboy" Johnson, was taking a drink. Without a word of warnlne Waltera drew a 4 5-caliber revolver and fired at Jonnson from a distance of four feet. The bullet struck Johnson squarely be tween tho eyes, killing him Instantly. So close was the range that the victim's face was badly powder-burned. The report of tho revolvor drew Conn to the scene. Stepping to the middle of the room, Wal ters fired at Conn as be entered the door, the bullet striking him Just back of the left ear. Conn fell dead. The murderer then turned about and fired at George Spindle, who eat next- to Olivas, the monte dealer. The bullet passed through the rim of Spindle's hat and struck Olivas in tho left side, producing a wound from which the latter succumbed a few mo ments later. Stepping over the prostrate forms of Conn and Johnson, Walters made his way through the crowd of panic-stricken gam blers to the middle of the street, where ho placed his weapon to his own head and sent a bullet through bis brain. Only four shots were fired, and so quick ly was the tragedy enacted that hardly a minute elapsed between the first shot and the last one. Walters was 28 years old and had trav eled extensively. In 1S37 he was In Skag- way. Alaska, and. It Is said, was a mcm- Dcr or tne boapy btnitn gang. Tragedy of Mismated Pair. DENVER. Jan. 27. Henry Wianand, of Sioux City, la., shot and probably fa tally wounded his wlfe and made an un successful attempt to commit suicide at the home of his brother-in-law tonight. Wianand was arrested. Mrs. Wianand has only a slight chance of recovery. Af ter Mrs. Wianand fell wounded, the hus band turned the revolver upon himself and fired twice, both bullets missing their mark. The shooting was witnessed by the five-year-old son of the couple. The Wlanands had been living apart and the husband came from Iowa yesterday to endeavor to effect a reconciliation. She refused his appeal to return East with him, and the shooting resulted. Arrested for Arming Yaquls. PHOENIX. Ariz., Jan. 27. According to private advices received here today. Man ager Specher. of the Copeto Mine, in Sonora. Is In jail at Guayamasa, charged with aiding and abetting the Yaquls. It it explained that his purpose was not to oppose the Government or foster revenge. He employed many Yaquls, who, becom ing alarmed at the surrounding lawless ness and fearing that they might be Im pressed Into service by renegade country men, asked for and wcro given arms by Sprecher for self-defense. Though none of these Indians became troublesome, the Government does not permit the arming of Yaquls, and when the authorities learned of the incident. Sprecher was ar rested. Oppose Sale of Liquor to Indians. NEW YORK. Jan. 27. At a meeting of the New York Religious Society of Friends today a minute was adopted in the form of a memorial to Senators Piatt and Depew opposing the establishment ot the State of Oklahoma unless the sale of liquor among Indians Is prohibited. Chadwick Case Is Delayed. CLEVELAND. O.. Jan. 27. When the Chadwick bankruptcy case came up be fore Referee Remington today, it was said that the creditors desired further time. Thereupon the hearing was postponed un til February 1. Prospector Sheets Mining Man. RENO. Nev., Jan. 27. James Simpson wm shot and mortally wounded today by Thomas Shhopo at Goldfield. Nev. The shooting is tho result ot a disagreement over a mining- deal. Simpson Is president ot the Bullfrog Mining Company, one ot the big mining- corporations of the South ern, country. Shlppo is a mining pros pector, and it Is said he claimed some interest in Simpson s property. A quarrel ensued and todayVs shooting is the result. Shlppo has been arrested. BALL CLUB INCORPORATES. Portland Athletic Company Files Pa pers With Secretary of State. George S. Shepherd, acting as attor ney and incorporator of the Portland Athletic Company, which means the local baseball club, has filed his papers with the Secretary of State. The capi tal stock of tho company will be $20,- ODJ, divided Into 4000 shares, and the par value will be J 5. The incorporators, as was first published in The Orego nian, are Judge W. W. McCreedle, of Vancouver, Wash.; Manager Walter H. McCreedle, and George S. Shepherd, of Portland. The first clause In article 2 of the in corporation papers reads that the en terprise will operate and manage baseball clubs and give exhibition games of ball for hire and promote athletic sports In the State of Oregon and other states of the Union. British Columbia and the provinces of Canada. Whether this means that the McCree- dles will own ball teams In other towns, is not known. If there Is to be a ball team In Vancouver Judge Mc Creedle will sure be one of the boosters Y. M. C. A. 29, O. A. C. 27. Fast Game of Basket-Bali Won by Local Team. The Y. M. C. A. first basket-ball team experienced their first real tussle of the season when they met the Oregon Agri cultural College players last night, and only secured victory by the narrow mar gin ox rwo points, witn a score ot z to 27. The game was one of the fastest and most Interesting ever played In the city and one that kept the large number of spectators on their feet most of the time. The closeness of the play is evidenced by the score, the Y. M. C. A. leading in the first half with but one point. Durand played a great game for the Y. M. C. A-'s, throwing six baskets dur ing the gam. Thornton, as forward, dls- unguisned himself, and Freeman was more than a match for his opponent. Swann was the CorviJlts star. The Agrlcs had much the better balanced team and played a good hard game throughout. The Y. M. C. A.'s superiority lay in their ability to throw baskets from the field. The line-up was: Y. SI. C. A. Corvallis. Thornton F.......6wann feapt.) Durand F Stokes ITf man leapt.) C Cain Livingston g Rlnnart fcccramm G . Steiver OClclals J. It. 6 havr, rsferce; F. W. Nel son, umpire. Following the big game the Y. M. C. A. Tigers took the boys from Oregon City into camp by the score of 46 to 10. The game was too much one-sided to be even interesting, the only feature being the good team work of the local men. Mas ters of the Tigers scored 30 points out of the 46. Shifty Racers at Oakland. SAN FRANCISCO. Jan. 27. The best race of the day. the fourth, brought out half a dozen shifty platers. San Nicholas was Installed favorite, and. after flatter ing his backers up the stretch, weakened and finished third; McBride picking tho best going with Ishlana. won In clever style by the best part of a length. Sals. which finished second, swerved badly. weather fine; track muddy. Summary: irive lunongs uolden Idol won. Spon- doollx second, Grenore third; time. l:05Vj. bix iunongs instrument won. Sir Preston second. Lady Kent third; time, 1:19. Mile and three-sixteenths Erne won, Formero second, Mr. Dingle third; time. Six and one-halt furlongs Ishlana won. Sals second, San Nicholas third; time, 1:2415. Mile and 60 yards Black Thorno won. VIgoroso second, Mr. Farnum third; time, l:5i. Seven furlongs Honl ton won", Soufrlero second. Gateway third; time. 1:32. Delagoa Wins at Last. LOS ANGELES. Jan. 27. After almost a score of starts. Delagoa managed to win a race at Ascot this afternoon. Two favorites, two second choices and two third choices were successful. Weather clear; track fast. Summary: Four furlongs Expressing won. Ha sec ond. Dorothea Fry third; time, 0:4S5. Slauson course My Gem won, Mac- Flecknoe second. Rubiana third; time, 1:10. One mile Ralph Reese won. Firdlcstone second. Mart Gentry third; time, 1:40. Six furlongs Delagoa won. William Wright second, Tim Hurst third; time. l:13U. Slauson course Seasick won. Lady K Is par second, Del Coronado third; time. 1:10. Mile and 50 yards Capable won. Ban dlllo second, Jardin de Paris third; time. 1:45. Loses Fight by a Foul. DENVER. Jan. 27. Charlla Berry. of Milwaukee, lost to Rube Smith, of Denver, by fouling him In the fourth round of a bout scheduled for ten rounds, before the Democratic Club to night. Knocked Out In First Round. SAGINAW, Mich., Jan. 27. Joe Cher ry, of Saginaw, was knocked out In tho first round by Harry Forbes, of Chi cago, tonight. THE MARYLAND IS SPEEDY. New Cruiser Exceeds Requirements on Her Trial Trip. BOSTON, Jan. 27. With the Wintry northwest wind -striking her abeam, tho armored cruiser Maryland, which was built by tho Newport News Shipbuilding & Drydock Company, made on her official trial trio today an average speed ot 22J06 knots an hour, thereby exceeding her con tract requirement of 22 knots. The Maryland Is the fourth and last of her type of fast cruisers to have a trial off Cape Ann. Of the three which have preceded, the Pennsylvania, the speed iest, averaged 22.43 knots an hour. The Colorado, which made 22.24 knots, and the Pennsylvania were built by the Cramp Shipbuilding Company, of Philadelphia. The West Virginia, a sister ship, was built by the Newport News Company and It averaged 22.14 knots. The trial course extended from Thatch er"s Island, off Gloucester, to Cape Por poise, a distance of 44 knots, and the run was out and return. SS knots. The time required by the contract was four hours, The distance was covered In three hours, 53 minutes, 43 seconds. Deaths on Emigrant Steamer. NEW YORK, Jan- -27. Ten steerage passengers died at sea on the Red Line steamer Vaderland. which arrived here from Antwerp on January 24- Tho cause of death was given as congestion of the lungs and pneumonia and the vessel was passed at quarantine. Today 700 steerage passengers were not permitted to land when the steamer pat up xt her dock and $250 SPECIAL TODAY Today we're offering a very special special. Golden Oak and Mahoganized Birch Corner Chairs exactly like the cut above. They're built on very graceful lines of selected woods, carefully joined and gloss-finished. Big value for the money. REGULAR PRICE $4.50 FREE FLOWER SEEDS FOR 1000 LITTLE GIRLS TODAY Don't forget we wish to see all the little girls who want to start flower gardens this Spring- We've a thousand . packages of as sorted flower seeds to give away today. Come to our store any time after nine o'clock today. We'll be ready for you t ANY TIME AFTER NINE O'CLOCK TODAY by order of the Health Officer the Vader land was sent back to quarantine. NEW YORK. Jan. 27. "Dr. A. H. Doty, Health Officer of the Port of New York, announced today after a bacteriological examination Into tho deaths of the pas sengers of the Vaderland that no evi dence ot contagion or infection had been discovered and that the persons had died of pneumonia. The Vaderland will be released from quarantine and the steer age passengers will be sent to Ellis Island. BANKERS ACCUSED OF FKATJD Three Officials of Bankrupt Buffalo Bank to Be Arrested. BUFFALO, Jan. 27. Justice Murphy, who has been conducting John Doe pro ceedings with a view to ascertaining if there was anything criminal In connec tion with the Insolvency of the defunct German Bank, today issued warrants for the arrest ot Arthur E. Appleyard, of Boston; Richard Emory. Robert F. Schelling and Eugene A. Geerger, of Buf falo. Appleyard Is charged with larceny and tho other three with violating tho section of the penal code which makes it an offense for bank officials to fall to perform their full duty. It Is charged that Appleyard misrepre sented the value of bonds of the Ohio Union Traction Company, which were given the bank as security for a loan ob tained by him., Emery was president when the bank, went into the hands of a receiver, Schelling was one ot the direct ors and Geerger was president up to tho time the Appleyard Interests obtained control of it. AFFAIRS OF, SANTO DOMINGO Treaty Will Replace Protocol and Be Sent to Senate. WASHINGTON, Jan. 27. Secretary Hay will send to the Senate a treaty to take the place of the protocol, through which the United States Intends to take charge of the financial affairs of the Government of Santo Domingo and administer them to the end that the claims of all persons against the island shall be equitably set tled. A communication to that effect was sent to the Senate, and by Senator Cul lom laid before the committee on foreign relations today. Senator Cullom gave to the committee the result of a conference be bad had with Acting Secretary ot State Lcomls, to the effect that tho protocol by which the United States representatives took, charge 1 $2.50 MAKEYOUE 0WNTESM5I of the Island's finances has not yet been received at the State Department, but la now en route to the United States. In view of the communication. Senator Bacon moved that his resolution of Inquiry He over without prejudice until the full state ment has been received from the Stats Department. Marines Not Going to Santo Domingo WASHINGTON, Jan. 27. The Navy Department today Issued the following statement: "On January 19 orders were issued to Rear-Admlral Sigsbee, authorizing him to send the Dixie with 200 marines from Panama to Guantanamo, where they will be held In readiness for use elsewhere. No other orders have been Issued to the Dixie, no hurry orders of any kind, and so far as the Navy Department knows, there are no disturbances In Santo Du mlngo. This leaves 250 marines on the isthmus." Exiles Will Enter Protest. TURK'S ISLAND. Bahamas, Jan. it. At a conference held here last night by Dominican exiles, headed by General Descamps, former Vice-President of Santo Domingo, it was resolved to make a national protest against the protocol signed .January 21 at Santo Domingo be tween the Dominican government and the American Minister. Mr. Dawson, and Commander Albert C Dillingham, T7. S-. N.. handing over to the United States Government the financial administration of the country. A commission, consisting of prominent Dominicans, will go to Washington to make a representation to President Roosevelt. BURNED IN SAVING HORSES. Fireman and Policemen Suffer, and Employes of Planing-Mill Escape. NEW YORK, Jan. 27. Fire which started near Twelfth avenue in Wick's planing mill today, spread to the John Stanley soap works and a. large stable nearby. Within the first half hour one fireman had been seriously injured and 12 horses bad been burned to death. Several policemen who attempted to save the horses were badly burned. Many persons employed in the Wick planing mill were cut off by the flames before they had a chance to escape and were rescued by the firemen with great diffi culty just before the walls of the mill collapsed. It Is believed that all the em ployes were saved. Several buildings on Twelfth avehus were damaged.