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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (July 20, 1905)
mum V YOL. XLV. NO. 13,920. PORTLAND, OREGON, THURSDAY, JULY 20, 1905. PRICE FIVE' CENTS. VERDICT BLOCKED . BY ONE JUROR 3. 0. Cook Stubborn for Acquittal. THE JURY STANDS II TO I Will Be Discharged Today if Agreement Is Not Reached. NEW INSTRUCTIONS GIVEN Judge Dc Haven Gives a Charge In dicating Right of Minority to Submit to Will of the Majority. Neither 31 hours and more of argument, the opinion of those learned In the law, nor his own convictions, have served to convince J. O. Cook, of Eugene, a former clerk for the ooth-Kelly Lumber Com pany, that the defendants "Williamson. Gesner and Biggs are guilty of having con spired to suborn men to commit perjury. Judge De Haven, after waiting until after 8 o'clock last night, retired to his home, leaving word with the Marshal that he would not return again unless the Jury should return a verdict, and then only providing the action should be taken prior to 10:30. J. O. Cook, the man from Eugene, Is hanging the Jury and caffnot be changed from his position, so the rumors that float around the Federal building whisper. From the first he has opposed the wishes of the other 11 men. and all their massed persuasiveness cannot turn him from his opinion. Mr. Cook has been a fractious Juror from the first, so it Is understood, and has not been easy under the yoke of the rules laid down. Even at the beginning of the trial he was disinclined to heed the ad monition of the court that he should neither read the comments concerning the case as published in the papers-nor discuss the case as he pleased. It is understood that he did not care to follow the in structions, and en tended that he would read what he pleased and discuss the case when he wished. During the trial the Juror from Lane County seemed the most attentive of all, and found amusing passages in the evi dence where others could see nothing to provoke a smile. It was Cook again who construed the Duncan and Starr testimony In a different way than the remainder of the Jury and asked for the rehearing of the evidence on Tuesday night- Tester day morning he began carjy to argue his views, and can see no other light upon the pvldence than that cast by his own xnlnd. . Jury Asks for Information. Yesterday morning shortly after 10 o'clock the Jury asken for additional in formation and was brought Into court. J. A. Hlnklc, the foreman of the Jury, asked the court as to its future course, and re quested an outline of the duties of a mi nority, stating that he men had taken a great number of ballots, but had nb been able to arrive at a verdict. Judge De Ha ven read, as his answer to the question, a decision rendered by the Supreme Court of the United States in the case of the United States against Allen, found in 150 United States Reports. In this the Su preme Court quoted and approved of the Instructions given by the trial Judge in the case under, appeal. In the instructions It was held that in hardly any case was It possible to find absolute certainty of proof, and that, though the- verdict of the Jury must be the expression of the in dividual opinions of each member, yet In the case where the numbers were very unevenly divided the few should take into consideration the fact that a greater num ber of men. equally Intelligent with them selves, had formed a different opinion. The mind of one or two men ought to lis ten to the opinions and conscientious arguments of a much larger number who had formed their convictions from the same story as told to all. Mr. Cook, after hearing the decision read by the court, asked if it would bo lawful to have a part of the charge read again, and. upon being told that such would be in order, asked concerning the definition of perjury as explained by the court. This was read again, and M. V. Thomas, another Juror, wanted to know the nature and definition of a contract as defined by Judge De Haven, and that sec tion of the charge was read to him. The Jury was then returned to the room, where they spent the Test of the day. After dinner Judge De Haven returned to his chambers, remaining there until after S o'clock, when he returned to his home. leaving word not to be called in any event unless a verdict was reached, and then not later than 10:30. May Be Discharged Today. It Is the supposition that the jury will be discharged today if it Is not able to reach a verdict by evening,. In the event of final disagreement, it Is the announced intention of District Attorney Heney to call the second trial as soon as he has nnUtied with the Jones case, now set tor hearing on Friday. It is understood that the Government has come into possession of new evidence since the close of the trial tliat would strengthen Its case In the event of "a sec ond bearing. HUSTON AND HENEY CLASH Attorney for Jones Wants -to Argue Abatement Plea. S. B, Him ton. representing W. N. Jones, Tb&Mevs Patter et aL in the Slletz lead fraud case which has been set for trial on Friday morning by Judge De Haven bad a little war of words with District Attorney Heney yesterday morning when the court had been convened. Mr. Heney had directed the defendants to appears in court and plead, and Mr. Huston stated that the Government had evident ly overlooked the fact that there was yet a pica in abatement pending In the case, to which the district attorney bad promised to anrwer but hod failed. - Mr. Heney stated that after making the promise he had found from examination of the court records that the defendants had stipulated at the time of the argu ment of the Mitchell plea in abatement before Judge Bellinger that their plea should rest under the decision made by the court at that time. Accordingly the decision of Judge Bellinger had settled the plea and no answer was necessary Mr. Huston contended that be had known nothing of such stipulation and Judge De Haven allowed the defendant an excep tion to the ruling of the. court in not re quiring Mr. Heney to make answer. Mr. Huston announced thatd. L. Pipes, of this city, would be associated with him in the trial of the Jones case. At the afternoon session of the Federal Court Albert Abrahams appeared In be half of Stephen W. Turnell. indicted with Frank E. Allejand others for con spiracy to- defraud the Government, and asked that he be allowed to argue a plea In abatement at that time. Mr. Abrahams argued that h?s client had been taken before the grand Jury as a witness without having been apprised' as to his rights and bad afterward been Indicted, upon. It was presumed, his own testimony. Mr. Heney argued that he had warned the witness before admitting him into the Jury room of his rights and that the witness had asked to "be allowed to show his Innocence of connection with any crime. At the examination, it was further contended by Mr. Heney, the witness had told a straight story and had not been connected with the Indictment until after ward when an affidavit made by Turnell before Special Agent A. R. Greene had connected with the trouble and caused his indictment. Judge De Haven would not allow he plea and took the demurrer under ad visement. Land Dispute Settled. Judge Gilbert sitting In United States Circuit Court yesterday afternoon hand ed down a decision In the case of Hanna Sternfels et al. vs. T. J. Watson et aL in which he held for the plaintiffs In recognizing their ownership In a 79-acre tract of land in the city limits of Hood River and ended a dispute that has been In the court since 189L In 1891 Sternfels, Watfon and Rate, formed a syndicate for the purchase of 79 acres of land in Hood River paying for the property the sum of $7500. In this syndicate Sternfels held a 4-15 interest. Rate 2-15 and Watson S-15. The property was deeded to T. J. Watson trustee, and a year after the purchase the trustee bor rowed J1000 on the land glvlngshls note cind mortgage for the amount. , This mortgage was foreclosed and the prop erty bid Jn by the holder of It and was subsequently transferred through several hands. Sternfels and Rate began suit to recover their Interest In the land, con--Itndlng that they had not been consulted about the loan and raising the, point in lawtht the word trustee In the deeds and) mortgage should have put the pur chasers on guard and caused thera to investigate title. Judge Gilbert lh his opinion nilea that the contention of the plaintiffs was cor rect and ordered that an equity of the lands revert to the plaintiffs, Sternfels and Rate. BODY WILL LIE IN STATE Arrangements for Reception of Com mander Blackmar In Chicago. CHICAGO. -July 19. The body of Gen eral W. W. Blackmar. of Boston, late commander-in-chief of the Grand Army of the Republic which will arri-e in Chi cago tomorrow morning at 7:30 o'clock, will be met by a delegation of Grand Army men led by General John C Smith, commander of the Department of Illinois, and escorted to Memorial Hall in the Public Library, where It will He In state for two hours. Commander Billings and Rev. Edward A. Herton, chaplain of the Grand Army Post In Boston to which General Black mar belonged, will take the body to Bos ton for burial, leaving for the East on the Michigan Central Railroad at 3 o'clock tomorrow afternoon. ARRANGEMENTS FOR FUNERAL After Lying In State Body AVIII Be Burled Sunday. BOSTON. July 19. The arrangements for the funeral of the late Commander-in-Chief W. W. Blackmar. of the G. A. were completed today with the exception of selecting the honorary pallbearers. The body of the commandeKwlll arrive from the West Friday night. Saturday morning It will be carried to the Hall of Flags In the State House, where It will He In state from 9 A. M. to 2 P. M. The funeral will be held Sunday at 2 P. M. at the Unitarian Church. The body will be escorted from the State House to the church by the various G. A. R. bodies, the Loyal Legion, Medal of Honor Men. Sons of Veterans and Legion of Spanish War Veterans. Interment will be at Cedar Grove Cemetery. Tribute to Commander Blackmar. WASHINGTON. July 13. Captain R. King today issued his first general order, assuming command of the Grand Army of the Republic. The order pays a tribute to the recently deceased commander-in-chief of the organization, Walmon Black mar, and directs that the colors be draped for ten days at every headquarters and every post of tho G. A. R. A com mittee Is appointed to draft a suitable resolution for the action of the organiza tion at the next annual encampment in Denver. The committee consists of the adjutant-general, the Inspector-general, the Judge advocate-general and E. B. StIUlngs. of Boston. The order announces that because of his urgent request. Comrade Schomaker Is relieved as chief of staff and Comrade McCurdy, past commander of the Depart ment of Minnesota, is appointed to that office. Announcement is made that the adjutant-general is to continue In his du ties until his successor Is cbossn at the annual encampment. All other officers of the staff are requested to remain on duty in accordance with their appointments. Peary Calls at Bar Harbor. BAR HARBOR. Me.. July 19. The Arctic steamer Roosevelt, bound from New York for Northern waters via North Sydney, V. B., called here tonight aad. after Com mander Peary had bidden farewell to Morris K. Jessup. of New York, whose contributions to the Arctic Club have as sisted the explorer to build and equip the vessel, she continued her voyage. Cote wander and Mrs. Peary arrived here tale afternoon fresa Portland, Me. It is ex peeled that the rfteeeevelt-wili leave North" Syy ea Satwdey after .poalteg. ilEALTY ILL PAY HEAVIER MS But Assessment on Improve ments Will Be Lighter, Says B. D. Sigler. CONDEMNS CHEAP SHACKS Taxes on Many" Properties Known as Eyesores Will Be Raised and That on Expensive Prop erties Lessened. Taxes on real estate in the business part of Portland will be heavier In next year's collection and on Improvements will be lighter, according to the assessment which B. D. Sigler, County Assessor. Is preparing. The total new assessment will be three times as large as that of last year and the tax valuations on all kinds of property will be raised, but the kind that will feel the heaviest increase. Is business reality, in which there has been much speculation in the last two years and the values of which have grown to big figures. One of the important effects of the new assessment will be higher taxes on ground which holds cheap buildings and a conse quent spur to owners of such property to make improvement. Big rents are drawn from shacks which stand on the most valuable ground in the city and which have a value of between $2000 and (5000, beside buildings which cost hundreds of thousands of dollars each. These shacks have been relatively more profita ble than handsome, costly buildings. The new assessment, by Increasing the tax share of such cheap properties and les sening that of expensive properties will tend to dlscourago maintenance of eye cores In the heart of the city and to en courage erection of sightly structures; at least, such Is the hope of Assessor Sigler. The new assessment will not be finished short of two months yet. Mr. Sigler and his corps of deputies are busy on the roll, aided by outside persons, expert in estimating land and building values. Right now, Mr. Slgle'r is assessing business realty. When asked yesterday for sample valuations on that kind of property be responded that he could giveonly tentative figures, which, however, would be an ap proximation of assessed valuations and which would serve as a fair assessment index for the heart of the city. Both land and Improvements will be assessed close up to cash values. Indeed as close as 90 per cent. But Inasmuch as Improvements in narly every case cost more than they -nould sell for on the market, their valuations wlll bVconsld erably short of the money outlay they represent, as a rule not reaching more than two-thirds of the .sums expended m making them. Samples of Valuations. The following are samples of the tenta tive valuations which Mr. Sigler has made, as compared with the valuations in last year's assessment: 1004. 1003. JDekum building. 2 lots Improvements 75.000 (170.000 Realty 65,000 105.000 Maxquam Bldg.r 8 lota Improvements 101.750 "62.000 iteslty 1(0.000 55.000 Oregonlan Bids.. 2 leu Improvements 110.000 290,000 Realty 45.000 150.000 ilohawlc building 3 lets. Falling estate. Third and Mprrlson Improvement! 0.000 130.000 IteaJtr tCSOO 140.000 falling building. 2 lets. Tamnj: estate. Third and 'Washington Improvements ........ 50.000 87.500 Realty 05.000 150.000 Worcester building. 4 Iota Corbett estate. Third, between Oak and Pine Improvements 115.000 1M.0O0 Realty 53.000 160.000 "Washington building. 1 lot. Charls Sweeny. -4 th sad Washington Improvements ........ 18.000 32.000 Realty 40.000 05.000 South, side Stark, be tween Jd and 4 th. 2 lota. Rufus Alallorr Improvement 7.000 10.000 Realty 50.000 140.000 Southwest cor. 4th and Morrison. 2 lots. Mrs. E. M. Smith Improvements ........ 1C.500 32.000 Realty 54.000 100.000 Southwest cor. 3d and OaV. one lot. Portland Trust Company Improvements ........ 1X500 21,500 Realty 20.000 50.000 Southwest cor. 4th and Washington. Macleay estate, one lot Improvements ........ 21.500 35,000 Realty 42.000 03.000 Concord building. 2d and Stark, one lot. W. S. Ladd estate Improvement ........ 2R.O00 S2.000 Realty 13.500 30.000 Mulker bulldlnc. 2d asd Morrison. two lots. Mulkey eftate Improvements 1X500 25.000 Realty 27.500 47.000 Northwest cor. 1st and Morrison. 1 lot. H. Ter wllllger and Teril llger Land Company Improvements R.B50 IS. 000 Realty 17.000 30,000 St. Charles Hotel. 14 10.000 25.000 Realty 10.500 35,000 Northwest corner 1st and . Alder. 1 lot. Oregon Water Tower & Railway-Improvements 7.000 22.500 Realty 7.500 25.000 Northeast cor. Irt and Morrlf on. 1 H let. Mrs. K. f. Smith Improvements " 1.500 4.000 Realty 1S.250 40.000 First, bet. Alder and Morrison; 1 int. Ladles Relief Society Improvements .nno 17.SOS Realty 8.000 20.004 Brdn balldlnc. 3d and Washington. 1 lot. K. P Breeden Improvement 6.000 12,000 Realre 35.0O0 00.000 5rKr building. 3d and Ftark. one lot Improvement ........ 27.000 4R.O00 Realty 30,000 70.000 JCfrtbajt corner 3d and tfon-ioa, three lot. Fle!taner ertate Improvements l.OO0 27.w Realty S7.SO0 1 CO. 000 North side Pine, be tween 1st an4 2d. 2V lots. Jacob Xiaa Improvements 20.7SO 4&.AAA Realty IftOO 45.000 Southwet corner 6th ad rufc. 5 lot. Wells Txit Improvements 2.VK -4Jft9 R-lt- 1&.M M.90 South eact center Cth ird i Wsrhlncto. oce lot. Ittse Bra. . TwraveeMs L 2.eM sefc -.... ... . , . 35,966 - m &.Sa Southeast corner 6th and Alder. Meier & Frank Company- Improvements ........ 1.000 4.200 Realty 120.000 Unimproved Property to Pay. The new tax plan will Increase heavily the taxes of unimproved property "that lies in the business district of the city and that has been growing In value In the last year or two. The taxes of some such pieces of property will be doubled. The quarter block of A. B. Stelnbach. at the southeast corner of Seventh and Stark streets will have to pay twice as much taxes under the new system as it paid this year; likewise the corner owned by Meier & Frank Co., at the southeast comer of Sixth and Alder, one and one half lots; so also the Quarter block at the southwest corner of Oak and Sixth, owned by Wells. Fargo & Co. The last tax levy In Portland was mills; next yesr, with the city assessment trebled. the levy is expected to go down to 15 mills or less. In fact. Mr. Sigler avers that 13 mills will raise sufficient revenue for all departments of government. The most striking increase Li that at Sixth and Oak streets, southwest corner, two lots, from J16.CW0 to JSO.C00. That property was recently bought by Wclls Fargo for J1&1K0. and the new owners are preparing to build on the property. Mr. Sigler proposed asscsment Is close up to the market value of the ground. Another noteworthy Increase is th?t of two lots on the south side of Stark, between Third and Fourth, bought a little while ago by Rufus Mallory from John Klcrnan, for 10,00. Last jrrs assessed valua tion was 530.CO?. which Mr. Sigler pro poses to Increase to JH0.CCO. The Wash ington building offers another conspicuous example of increased values. Mr. Sigler will assess the ground of the structure at JkCCOO. Last year Its assessed value was JH1.0M. The whole property was bought a short time ago by Charles Sweeney for Franchises to Be Assessed. Mr. Sigler will introduce the innovation this year of assessing public franchises and says that If the corporations hold ing the franchises are to defeat payment of the tax they must do so through the courts. The corporations whose fran chises arc to be assessed are the street car companies, the electric light company, the gas company and the telephone com panies. ESCAPES DEATH VALLEY Only Survivor or Three Prospectors Is Half Crazy. GOLDFIELD. Xcv.. July U.-John Mul Hn. E. M. Titus and Earl Weller, of Tel lurlde. Colo., left Rhyollte on June 30 on a prospecting trip to Death Valley. To day Mullln was brought to Rhyollte half crazed from the terrible suffering he had undergone. He told how Titus "and Weller wan dered over the desert and In 15 days failed to return. It is believed that they perished. Two horses and 13 burros be longing to the party also met their death from thirst. CONTENTS TODAY'S PAPER . rhe Weather. YESTERDAY'S Maximum temperature, 89 dec: minimum. COT Precipitation, none. TODAY'S Fair and cooler. Westerly winds. War la.t&e Far Et. Japan doubts Czar's sincerity In peace movement. Pace 3. Wltte starts tor conference. Page' 3. Komura arrives la Straits of Fuca. Page 1 RBSfla. Attempt to assassinate Procurator Pooled o- notte.T. Page 1. Vlee-Governor of Finland wounded by bOxnb. Page 1. Zemstvo Congress opens and is Invaded by police. Page 1. Governor of Moscow removed for not being strict. Paze L Rumored military plot against Cxar. Page 1. Forelga. Norway object to delay in settlement with Sweden. Page -L British Commons pass alien bllL Page 4. Chinese merchants begin boycott of Amer ican goods. Page 2. rXatioaal. . Washington leaves Government free hasd la Yakima Irrigation. Page 3. Root takes office a Secretary of State. rage 3. Polities. Justice Brewer speak on grafting. Page 5. Judge Hooker's fate to be decided today. Page 5. Domestic. Morton discharge high Equitable otflclaL Page 4. New loan scandal In Equitable aCalra. Page 4. Richest men In country Involved In black mailing scandal. Page 4. Great Increase in number of deaths from heat; cooler weather comes. Page 1. Negro lynched In Texas. Page 5. Sport. Pacific Coast League scores; Portland 8. Ta com. 3; Oaklaad 3. San Francisco 1; Seattle 3. Los Angeles L Page 7. Tiverton beats Sweet Marie In match race. Page 7. Buddy Ryan wins welter-weight champion ship at San Francisco. Page 7. Americans again defeat Australians at ten nis. Page 7. Two tennis tournaments at Multacmah Club. Page 7. Chicago lad wins swimming race. Page 7. Morses arrive for Irvlngton races. Page 7. Paealo Coast, Xaxamas take preliminary climbs before ad vancing on main peak of Mount Rainier. Page C. Mill strike at Aberdeen. Wash la growing. Page 0. Prospect bright for a big pack of salmon. Tage 6. David Campbell. Oregon pioneer, stung to death by bees at HUUboTo. Page 8. C T. Crow, alien minister, placed In Jail at HiUsboro. Page 6. CetBBaercial asd Maris e. Opening prices on new crop wheat. Page 15. Nearly 40 cars of watermelon received. Page 13. European hop crop damaged. Page 15. Chicago wheat market closes firm and higher. Page 15. More activity In stock speculation. Page 15. California wool market dulL Page 13. No relief for congestion 1b passenger trafSe. Page 5. World's Fair. Snohomish County makes flae showing at Exposition. Page 11. Coos Bay bulldlag Is dedlcated.Page 1L State troops are camped at Exposltloa. Page Californiass solicit exhibit for Midwinter Exposition. Pace 1L Pertlaad aad Tldaky. Oae Juror preveats verdict la Williamson-Blggs-Gesarr case. Page 1. Taxes will be raised on aaiisprored prop erty asd lesseeed oa Improved property. Page L Bishop Coaajator Lloyd withdraws letter of acceptaace. Page 18. . Ticket scalpers are arreetfd aad aao raMed. Page If. xVoirm 1 toed Hs Police Court. Page 9. CaarHle aad Oerrsetlea Cefereaee 4t - ceases hsMratgraMew areblem. Page K. OMSdl yosif) sale Tsexter- ssasair. Pag MX t Majsjsilsis eeUjleacTSM tedar.PTyf ATTEMPT TO KILL HIGH OFFICIAL Assassin Is Thwarted in At tack on Procurator Pobiedonostseff. REVOLVER READY TO SHOOT Bomb Thrown at Vice-Governor or Finland, Wounding Him So verely Military Plot Against Czar. ST. PETERSBURG. July 13. A circum stantial report of an attempt on the life of Constantlne Petrovltch Pobiedonostseff. Chief Procurator of the Holy Synod. Is current in St. Petersburg tonight, but the Associated Press la unable to obtain confirmation of It. Tho authorities, and even the police at the Tsarskoe-Sclo rail way station, where the attempt Is re ported to have been made, disclaim all knowledge of any happening. According to the report, as M. Pobiedo nostseff stepped to the platform from one of the coaches of the train from Tsarskoe Selo. where he is resting during the Sum mer, a man about 2S years of age rushed -up with a revolver In his hand, but he was seized by a quick-witted passenger before he could shoot ani was turned over to the police. BOJIB WOUNDS VICE-GOVERNOR Finnish Assassin Hits Mark on Eve of llohcnthal's Sentence. HELSINGFORS. July 19. Late this evening, two hours before Karl Leonard had been sentenced to imprisonment for llfo at hard labor for the assassination of Procurator-General Sollson Solnenen on February 6 last, an attempt was made to assassinate Vice-Governor Deutroch as he was leaving the Senate'. The "Vice-Governor had walked across the square, when suddenly, is he neared the police roaster's office, a man on the curb threw a bomb from a distance of M pace The bomb fell short, but the Vice-Governor was blown off his feet by the terrific force of the explosion, which shattered the t window in the nHghborhcvd for 'a distatfee of hundreds of yards. v VIce-Governor Deutroch was hastily assisted to the police station. He was burned and otherwise injured about the leg and bled profusely, but his wounds are declared not to be fatal. The bomb-thrower was pursued by naval cadets, but escaped. POLICE " INTERRUPT MEETING Zcmstvolst Congress Begins In Storm and Denounces Boalignn Scheme. MOSCOW. July 19. The Zemstvo Congress opened at midday today In the residence of Prince Dolgorukoff. The congress was attended by 225 del egates. Count Heyden. leader of the deputation representing; the congress recently received by the Emperor, pre sided. M. Golovlne, president of the organ izing committee, had hardly started a statement dealing; with the obstacles placed In the way of the congress, an nouncing: that Governor-General Koz loff had promised that there would be no recourse to extreme measures, "when the Chief of Police, with numerous commissaries and officials, entered the room. The Chief announced that the prefect had prohibited the meeting; of the congress and expected seizure of the documents. Count Heyden protested against the proceedings, but the Chief of Police began taking the names of the dele gates. Then cries were raised of: "Write down the whole of Russia." Many persons present -who were not delegates to the congress requested that their names also be taken. The police then departed In order to draw up summonses, and the session was re sumed. The scheme of a National assembly on the basis outlined by the commit tee presided over by M. Bullgan, Min ister of the Interior, -was minutely and critically discussed and denounced as totally ' Inadequate to remove Russia's internal grievances, because Including a property qualification and an elec toral system by classes prevented the assembly from truly interpreting; the will of the nation, -while the exclusion of numerous categories of citizens from the franchise was a contradltion of the principles of equity and reasonable state policy. At the same time it was recognized that the proposed assembly would com prise a considerable portion of the so cial forces of the empire, and serve as the center of a social movement which would tend to secure political liberty and regular national represent ation. Therefore. It was considered desirable that. In the event of the car rying out of the BouIIgan or a similar project, the delegates of the Zerastvos and municipalities should participate In the assembly to the greatest possible extent, with the object of forralng- a compact group and to obtain a guaran tee of individual and public liberties. Numerous resolutions embodying- the foregoing criticisms were adopted unanimously, as were also resolutions complaining1 of excessive administra tive and police control of elections aad insisting; that publicity be -riven te the proceedings of the propesed aaseably. which should be In direct relatieM with the Eieror. withaut laterfer eace fresa the Ceuscll of the Batfaire. After the -MlMe had drawn ,up a report C their viatt ai had takes the Basses of. those present they took no further action, but returned and listened to the debates as Interested spectators. When the afternoon session adjourned until evening, each delegate as he passed out handed his visiting card to the Chief of Police, who bad already seized copies of the Russian Gazette, in which were print ed details of a proposed constitution for Russia based on the existing two-chamber constitutions of Western Europe, elab orated by the committee on organization for the congress to vote upon. It is ex pected that the congress will sit for three days. MILITARY PLOT DISCOVERED Zemstvofsts Discover Alms of Con spiracy Against Czar. LONDON". July 19. The Moscow cor respondent of the Times says that one of the topics of conversation during the proceedings of the Zemstvo congress was the alleged discovery of a military plot against Emperor Nicholas. THEY GIVE POLICE THE LAUGH Attempt to Break Up Congress Pro vokes Merrlmentv MOSCOW July 2a (Special.) The Zemstvo Congress which opened yesterday In Prince DolgorokofTs residence with 225 delegates In attendance, had a humor ous set-to with the police, who sought to disband It. Count .Helden. the leader of the delegation of ' the congress which recently was received by the Czar, pre sided. The preliminary proceedings had been barely concluded when It was announced that the police were below with Instruc tions to disperse the congress. Amid great excitement. Prince Dolgorokoff In vited the Police Chief Into the conference. The officer, when he entered, said: "Have the goodness to close this Parlia ment." The members asked by what authority he acted. He replied that It was unlaw ful to hold any kind of meeting calculated to arouse disorder. -The members greeted his statement with laughter, denied that the meeting was In violation of the law, declaring that the Czar's sanction had been given to the congress, and refused to obey the or der. Cries of "Bring on your gendarmes," "Where are you? CossacksT were heard, but Prince Dolgorokoff said that the police were simply performing their duty, and Anally It was arranged that the police should formally draw up a warrant for the members of the assembly. The police, who maintained their good humor throughout, agreed, retired to an adjoining room and prepared the warrant, while the congress entered Into a discus sion of a plan for a national assembly. When the meeting adjourned, the police entered, their warrant was read and, as each member of the congress left the room, he handed a card bearing- his name to the police. It Is not known That action the police will now take. KOZLOFF TOO MILD -MANNERED Removed as Governor of Moscow Xor Not Suppressing Zcmstvolsts. ST. PETERSBURG. July 30 (Special.) The government's displeasure at the half-hearted manner in which Governor- General Kozloff. of Moscow, has dealt with the Zemstvo Is ts has been made evi dent by the announcement made semi officially last night that Kozloff was to be relieved at once by General Kielgels. the present Governor-General of Kieff. Despite the strict Instructions given Gen eral Kozloff, Instructions that were given him In secret communications, to pre vent the assembling of the Zemstvolsts, it is a source of great annoyance to the government that, despite Its outward half-hearted show of friendliness to the assembly. It was allowed to meet. General Kielgels is known as a. man who will follow Instructions, and there fore he has been selected In order that the government will have a man In charge who will carry out Its Instructions with an Iron hand. ZEMSTVOISTS SURE TO FAIL Government Has Counteracted Plans by Means of Bribery. BERLIN, July 19. (Special.) Russian reformers in Berlin; who have hitherto confidently hoped that the present crisis In the Russian movement would be solved In favor of the Zemstvos, now admit that the Zemstvo Congress must end in failure. The Zemstvos party. It Is ex plained, underestimated the government's strength and disclosed its plans too early. In this way the government was enabled by means of bribes to strengthen the loyalty of certain troopg. It Is believed that at the best the congress can only .academically discuss Boullgan's plan and reject its principles. The Russian Korrespondenz will say to morrow that the hope that the congress wobld give Russia a constltutiorwlll end In disappointment. Putllorf Iron Works Finally Close. ST. PETERSBURG. July 13. The Puti loff Iron "Works, which has continued as the principal source of industrial disor ders in St. Petersburg since the beginning tOf the movement started by Father Go pon, w.ere Anally closed tonight, after a two weeks warning to that effect. A small crowd of workmen and agitators attempted to make a demonstration, and a bomb was thrown, which failed to explode. The manlfestants were dis persed by Cossacks. One Paper Defies the Censor. ST. PETERSBURG, July . (3:40 A. M.) The Zemstvo Congress at Moscow Is exciting keen Interest In St- Petersburg, but the newspapers have received strict orders not to mention It. The Slovo, however, defies the prohibition, and this morning prints a dispatch of several thousand words, covering- the proceedings! of the sessions. MAY APPEAL TO COURTS Holmes, the Cottoa Statistics Jag jrier, Consults a Lawyer. NEW YORK, July IJ. E. S. Holmes, ex-assistant statlstlcan la the Depart ment of Agriculture, today consulted counsel relative to the Investigation' of the cotton leak. It Is understood that he will take his dismissal from the department to the courts. Holmes declined to make any state ment about this case. He returaeJ" to Washlagton late today. AHtetet Speeds to Death. SUPERIOR. -Wis.. Jaljr 13. As a re sult of reekleas speIg- ! aa auto jreWI. J.. P. Morrow yrm kitted aad T. A. KMbreckt tajured- here ta4ay.- TO I INCREASE Total Is Seventy -Five in New York. PEOPLE ARE DRIVEN INSANE Woman Takes Life of Hen Child in Her. Frenzy. " STORM AFFORDS . RELIEF Lightning Finds One Victim, but Lowers Temperature, and the Weather Bureau Predicts End of Hot Period. HEAT AND ITS RESULTS IN XEAD IG CITIES. EflTH 2 S D 3 p p g 3 'n " 5" citt. ? rr ? 2. 3 3 - o "O - . 3 ; a Fertlaad. Or 88 36 XoBelNoae New Tork..w.... 03 73 73! 1$7 Philadelphia ....95.8 47 lOj 40 Baltimore 92:2 77 4 5 "Washington 92. 93 li 14 Boston 94 63 l 25 Pittsburg ........ 87 70 5t 6 Buffalo 76 84 ..I .. St. Louis 88 60 .. 4 XEftV YORK. July 19. "While the record of deaths and prostrations greatly exceed ed that of yesterday, there was a dis tinct diminution today in the temperature, prevailing throughout the eastern section of the country. Although the midday heat was everywhere terrific, it was broken b'y scattered thunderstorms, many of which were of a violent character, and toward evening the temperature fell rapidly. "With this welcome relief came "the announce ment from the' Weather Bureau tonight that the abatement n the' heated term had been "general add that moderate, tem peratures would prohnbiy prevail for sev eral days in the Middle Atlantic and New England States. In New Tork the highest temperature recorded was 93, one degree lower than that of yesterday, when the highest record of the season was reached. Phila delphia reported a slightly higher maxi mum range, and In many other cities the highest point of yesterday was not touched, while everywhere a sharp fall was noticed, beginning early in the after noon. Death-Boll Grows Alarming-. As usual the maximum official tempera tures were everywhere exceeded by those prevailing In the crowded districts, where the actual temperature frequently ex ceeded 100 degrees. The cumulative effect of the continued torrldlty of these districts was painfully evident In the enormous increase of the number of deaths in New York. "While the death-roll of yesterday wo3 only 26, that of today reached the appalling total of 75, being nearly half of those prostrat ed. This was almost entirely due to the collapse of women and children and aged persons whose exhausted vitality was unequal to the strain of further suffering. " After a night of sweltering heat spent by thousands in the streets, In the pub lic parks, on piers along the river front, and in eV&ry vacant place that promised a breath o( air, the conditions that con fronted the people of New York this morning were terrifying. The sun rose in a cloudless sky and hour after howvhe heat grew more and more Intense. Every " ambulance was kept busy and by noon the hospitals were crowded with sufferers. Thunderstorm Brings Relief. At 3 o'clock in the afternoon came the kmg-pra'yed-for relief, when a terriflcr thunderstorm and a deluge of rain burst over Brooklyn and the lower part of Man hattan and sections of New Jersey. In Brooklyn two men were struck by light ning and seriously hurt, and in Jersey City one man was killed. "While the storm lasted only a few minutes and left the upper part of the ciy untouched, the relief was almost instantaneous, and from then on the mercury fell steadily, and a cool breeze springing up after sun- down, gave assurance of a comfortable night. Even the seashore resorts in. the vicinity of New York did not escape the heat, and. many prostrations occurred among the thousands that flocked to Coney Island and the other beaches on the Long Island shore. Heat Causes Child-Murder. . "Among the" distressing incidents of the day was the killing of her Infant in Brooklyn by a young woman, who was suddenly driven insane by the heat. She. stabbed the child to death and then .made a vain attempt on her awn life. Leonard Sanders, a colored man from New Haven, -went mad in the public park In East Oh Hundred and Thirtieth street and leaped into the river from, t&e -Harlem bridge. He was reseaed by beat-, men after a fierce struggle, la which he' apeet the boat and nearly drowned, his rescuers. , Several of the deaths reported were those of persons who had fallea, while aeieep, from Are escapes where they were endeavoring to escape the stiMag . atmosphere ef crowded teaemeta. With m hedies ta the ec4d storage room -at the city Bergwe.. the refrigwaUng-sya- - (Ct leded oa Page 4.) 4