mi mew : smggmzsimfr aum
VOL. XXV.- NO. 14,026.
PORTLAND, OREGON, THURSDAY, NOYE3IBER 23, 11M)5.
PRICE FIVE CENTS.
CUTE TERMS
TO COUNT WITTE
Zemstvoists Debate
While He Lies III.
DEMAND FOR CONSTITUTION
Want Douma Made Constitu
ent Assembly.
PEASANTS RAVAGE LAND
Troops Unahlp to Cope With De
structive Mobs Socialists Sup
pressed in Zemstvo Conprcss
and by Peasant Convention.
WITTE HAS PARALYTIC STROK.K.
ST. PETERSBURG. Nov. 23. (Spe
cial.) Count "WUte Is declared to be
on the verse or physical collapse. It
comes from an excellent source that,
while sltttnr at his desk last week In
the reserve palace examining the peti
tion from the worklncmen of the .
Nlkoallcff work, he suddenly fell for
ward. HIb secretary, who went to his as
sistance, declared, that he was slightly
paralyzed In' the left arm and shoul
der. The stroke lasted for five Hour,
during which the .Count fainted sev
eral times. .He was finally persuaded
to co to bed, but returned to his desk
next morning despite the warnings of
the doctors.
MOSCOW, Nov. 22. A resolution out
lining the proposed programme of the
Zemstvoists, favoring1 the support of the
government in its efforta to obtain the
liberties promised by the Imperial mani
festo of October SO, but asking for the
transformation of the first Douma into a
constituent assembly, to be elected on
the basis of direct and universal suffrage,
which was Introduced by the executive
committee In the Zemstvo Congress today,
was the subjtct of a prolonged d'ebate. In
which ncarlv J4) speakers participated. At
he end of a long evening session, the
resolution was referred back to the com
mittee for tlie incorporation of any modi
fications made necessary by the criticism
of it, and It will oe voted on tomorrow.
The leaders of the "Octoberlsts." as the
party taking a' stand on the manifesto Js
called, and. other moderates concentrated
their attaauk'on the section of tlfe resolu
tion calling for a constituent assembly,
for which M. Guchkoff, Count Hayden.
Prince Eugene Troubetskoy, Professor
Kovalevsky and others declared that Rus
sia was not' ready; but It Is believed that
any modification, if made, will be In the
direction of strengthening the conditions
which have been laid down for govern
mental acceptance.
The section calling for a thorough and
severe investigation of and the placing of
responsibility for the recent disorders met
with genera' approval, though M. Guch
koff demanded an investigation not only
of the police, but also of the "reds."
Demands 3Iade on Wittc.
Considering that the Imperial manifesto
satisfied all the demands voiced slnoe the'
Zemstvo Congress of a year ago. and that
the liberties accorded by the manifesto are
Indispensable to the tranqulllzatlon of the
country, the Congress declare Itself In com
plete solidarity with this constitutional basis.
Th responsibility for the realization of the
programme rests upon the Cabinet. The
Congress is convinced that the Cabinet can
count on the support of the great majority
of the Zemstvos .and municipalities, so long
as It follows the path for the accomplish
ment of liberties promised by the manifesto,
but every deviation will encounter declsivo
opposition.
The Congress "believes that the sole means
of guaranteeing the authority of the govern
ment, the pacification of the country and
the support of the people are the Immediate
promulgation of universal . suffrage In olec-
tlons to Ac Douma. the transformation of
the first Douma Into a constituent assembly,
with the approbation of the Emperor of a
constitution for the Russian empire, and the
organization of territorial reforms. Meas
ures for the realization of the liberties
granted by the manifesto are regarded an
Immediately Imperative.
It must moreover devolve on the Douma
to establish a fundamental basis for land re
form and to decide any momentous-question
In the domain of labor legislation.
The resolution concludes by enumerating
various measures which. It says, must bo
carried out before tho Douma meets.
These Include investigations Into the re
cent occurrences in various parts of the
country, the trial of local officials and
police who became culpably involved In
the disorders, the maintenance of public
security, the proclamation of full amnesty
for iK)lltical and religious offenses up to
the date of the imperial manifesto and
the abolition of capital punishment.
Socialists Cry Silence.
M. Guchkoff and Count Hayden opposed
not only the demand for a constituent
assembly but also that for direct elec
tions. f- they said Russia was not suffi
ciently developed.
M. Guchkoff, who is regarded as Count
"Wltte's spokesman, defended martial law.
saying that extraordinary measures were
necessary In extreme cases. He was con
tinually Interrupted by -trleS of "Enough"
from the Socialists in the audience and
the extremist delegates.
Prince Troubetskoy rebuked the dis
turbers. 'He said he was opposed to mar
tial law, especially In Poland, but the
delegates ought' to" give a "respectful hear
ing to jiU opinions, especially If they were
unpopular.
The' decision practically of the congress
to cc-ojcrate with ,the government of
Count "Witt Ik extremely distasteful to
the Socla.1 -Democrats, the party' organiza
tion of -which sent a lottor to the Con
gress, saying, the delegates had sold them
selves to the Kovernment. but that the
Socialists would show them up to the peo
ple as traitors, and would toHtinuc to
prosecute the campaign for a democratic
republic
N Peasants Snub Socialists.
Tho Socialists also aroated a scone In
the Congress of Peasants, which oponcd
here today, and' to which thoy demanded
admittance with the right to vote. Tho
Congress refused to grant the right,
whnreupon the Socialists left in a huff.
afUsr dcclarinr; that the peasants did not
know who were their best friends.
Tho central committee of the Social
Democratic party has callod a convention
to be held In SL Petersburg. Docprober 23.
In the Zemstvo Congress, tho legal com
mittee Introduced a programme for the
makfcng of necessary legal changes to
onug aoout the right of habeas corpus.
WORKMEN'S COUNCIL PROTESTS
Condemns Zemstvoists "Who Favor
Giving: Wittc Support.
ST. PETERSBURG. Nov. ZL (Special.)
The Attitude assumed by the prominent
leaders of the Zemstvo Congress now be
ing houi at Moscow, in stating that it is
nocessai-y to support lhc government of
Count Wittc for the present ln order to
secure to Russia the benefits promised in
the Czars reeont manifesto and save tho
country from unarchy. has been displeas
ing to the CounclJL of Workingmen'a Dd
gates. Resolutions wore Jfdopted cxpress
ing an Indignant protest against the pro
ceedings of tho congress and declaring
that the latter is showing undue favor to
Count Wittc.
PEASANTS 'LAY -WASTE . . LAND
Inspired by False Rumors, Revolt
Spreads Rapidly. 1
MOSCOW. Nov. 22.-The excitoment
among the peasants In the central and
southeastern provinces Is spreading rap
idly, and 'It is feared that It will he im-.
possible to suppress the movement, which
promises to develop Into a general upris
ing, bringing devastation and untold hor
ror to the whole country. The revolution
ists among the peasants arc Industrious
ly spreading the story that the Imparls!
reform manifesto really decreed a divis
ion of lands, but the nobles. Intelligence
and Jews distorted it and took all tho
Creedom for themselves, and the peasants
therefore have the right to possess them
selves of the lands which tho Emperor
granted them.
BEYOND CONTROL OF TROOPS
Peasants Burn and Pillogo. While
Cossacks Look On.
KURSK Russia, Nov. 22. The agrarian
disorders in the .District of Subzha have
assumed such violence that the troops are
unable to cope with them. The whole
northern half of the district Is 1n thM
n&nas 01 peasant noiers. wno are pillag
ing the estates and burning the harvosled
crops. During the pillaging of one estate
a company of Cossacks looked on, being
unable to interfere,
PEASANT MOBS CAUSE TERROR
Demand Surrender of Food Under
Threat or Torch.
VLADIMIR, Russia, Nov. 22. In the
Jurioff and Alcxandrovsk -districts" of this
government, peasant mobs are demanding
the surrender of the stocks of provisions
and arc Uiroatoning to set tho torch to
the whole locality and to storm the coun
ty treasuries.
Socialist Riot in Church.
PERNAU. Russia, Nov. 22. During a
proyor meeting in the Bsthonlan Church
today, a crowd of Socialists' entered the
church and threw the pastor from the pul
pit. The Congregation fled In panic
DENIES WITTE IS SAVIOR.
Russian Paper's Vigorous Reply to
Foreign Critics of Liberals.
ST. PETERSBURG. "Nov. 22. The Russ
declares that the Liberals, who arc being
blamed for not supporting the govern
ment, are totally misunderstood abroad,
where Count "Witte is regarded as the
savior of Russia from the monarchy and
reaction. The only decree ' obtained in
three weeks from'Count Wittc. the Russ
avers, is liberty of the press, which was
wrested from him, and was not volun
tarily granted. Continuing, the Russ
says:
"Europe and America tell us that we
arc threatened with a dictatorship. Should
a dictatorship be announced today, all
Russia would engage in a strike of such
a character tomorrow that only .Tsarskoc
Selo would remain true to the dynasty.
The foreign countries which advise rea
sonableness will not lend us a cent, know
ing that the future government of Rus
sia would not recognize loans made to
dictators who borrow but never pay. The
foreigners forget that the Earl of Strat
ford himself perished and did net save
Charles L"
HUNGRY AND BLOODSTAINED
Vladivostok Reduced to Cliarncl-
Itouse by Rioters.
TOKIO. Nov. 22.-G P. M.) An eye-witness
who left Vladivostok on Novomber
IS reports at Nagasaki that food is scanty
mere, owing to tne destruction of the
storehouses, and that only sufficient bar- '
ey remains to support the people for 20
days.
Another person who has arrived at Mojl.
having left Vladivostok on November 20.
reports that rioting has ceased there. The
streets, he says, are a mass of dobris, and
bloodstains are In evidence everywhere.
Many corpses afe still lying exposed,
forming a grewsomc sight.
Finns Like New Governor.
LONDON, Nov. 22,-The SL Potersburg
correspondent of the Dally Telegraph says
that Emperor Nicholas has ratified tho
nomination of Privy Councillor Gerard aa
Governor-General of Finland, adding that
the selection will be most acceptable to
the Finnish people.
johiv mm
IS ASKED TD ACT
If He Refuses to Prosecute
Milwaukie Club, Mandamus
Proceedings Will Be Had.
LANE NAMES PROSECUTORS
Henry E. McGinn and T. G. Greene
Will Represent Mayor Judge
Cameron to Be Absent.
1 Substitute Will Serve.
Not only tho pawns but fhc larger
pieces have boon making strange ami
sudden movos in the gams which May
or Lane and his lieutenants are playing
against the Milwaukie Club and Its
proprietors. First the hearing sched
uled to Have taken place before Munici
pal Judge Cameron yeuterday was post
poned until Monday afternoon next;
inon Judge Cameron announced that
he would take a two weeks' vaoatlon. ;
ieving on Saturday for Sail Fran-
Cisco; then Henry E. McGinn and
Thomas C. Greene appear upon the
lists' in the guise of special prosecutors
on behalf of the Mayor andthe city.
Next cornea the announcement that
Mayor Lane would appoint a Judge to
sit during Judge Cameron's absence.
Now comes the challenge that unless
District Attorney Manning gives com
plaints and Observes the law as It is
clear to the Mayor, proceedings will be
commenced in the courts against hlm
to compel hlra to take such action. The;
llnai bombshell was exploded last night
when Mr. Manning announced that he
would have a little private grand Jury
session today, at which time he would
examine the witnesses produced by
Mayor Lane and Police Inspector Bruin,
and If. In his opinion, he had Jurisdic
tion over the offenses alleged to have
boon committed, he would grant informa
tionsotherwise not.
Cameron Leaves Saturday.
Circling rumors floated and eddied
around the City Hall last night like
moths arodnd a candle. Judge Cam
eron batr -stated that he was about toj
take a vacation, and had asked thej
Mayor to exercise his authority under
tho charter and appoint a man to fill
the Municipal Judgeship during the
time af his absence. This action caused
the report to be spread that Judge
Cumoron. to use the phrase of the gam
blers Interested In the case, "was get
ting out from under the gun." nnd
would leave the decision of Jurisdiction
to a man appointed by the Mayor "and
holding his views of the law. a"hl
nan uuiuoa ompuauoaiiy oy tne -klayor
thereof." said the Mayor. auotlnerrRm'i
that ho had not e'en begun to thitfjc H tad, -
about the temporary appoint menUT 4 ' I,.., ... .
"Sufficient unto the day Is theTcvJI 2e.rolv dlal
his Bible, when asked as to whom Mi" iafw'
would appoint 10 take Judge CameronVfJ,
piace tiurmg me contemplated vaca
tion. "When the appointment i deter
mined upon. I'll let you know."
"You're going to troecute the CMFea
aren't you?" was asked, as the Mayor
was struggling to break away and hurry
into a' meeting with some of his Heuten
ants. "If we can got compktinU!. certainly."
replied ha.
"How about private prosecutor wHI
you- have any of thomT tho Mayor was
askod.
-I guess not: not that I have heard
of." was the reply.
Nevertheless Henry El McGinn and
Thomas G. Greene will be assocfeued ht
the arguments on Monday, and In all
further proceedings, as special prose
cutors for tho Mayor. Theeo gentlemen
have broadened their viewpoint since ad
ditional evidence has come to them and
are now more confident than ever that
they 'have the best bf the argument. It Is
now alleged that free transportation was
furnished to the patrons of the Mil
wauklo Club, over the Oregon Water
Power Company lines, and that what was
to alt Intents and purposes a "bucket
shop" run In connection with the dub
was maintained In tho city. Telephone
nnd telegraph linos ran from this place
to the clubhouse and were wwed by per
sons In Portland to .place . bets at Mll
wauklo. Manning Asked to Act.
In -view of these additional points It will
bo argued by Mr. McGinn and Mr. Greene
that since the crime of gambling was
partly committed In Portland and partly
in Milwaukie. the County of Multnomah
has jurisdiction and therefore Mr. Man
ning will have, under his oath, to open'
his batteries on the club.
It was reported last night that the
evidence would be placed before Mr. Man
ning and in the event of his refusing to
furnish Informations mandamus proceed
ings would be commenced against him.
While Mr. McGinn would not tell what
was up the prosecution's sleeve he stated
that if Mr. Manning did not comply with
what the prosecution Hourly believed to
be the law. steps would be taken to com
pel him to do so.
"You may say for Mr. Greene and my
self." he said, "that the matter will be
laid before Mr. Manning and If he doos
not see fit to do what the law requires
him to do and give us Information, steps
will bo taken to see that he does. This is
a serious matter, and while It has been
treated as a Joke, It 1K nothing of the
kind."
Mr. Manning, on the other hand, doos
not Intend to be last to the post, and ac
cordingly has decided to seo whether or
not ho Is in the game by rights. This
morning he will, according to law. trans
mute himself into a grand Jury, and will
then, listen to the stories which the Mayor
and his witnesses have to teM. If no new
evidence is brought before him. It is a
tolerably safe bet that he will not issue
Informations, though If the new evidence
promised is brought In. it may change
matters' very materially.
District Attorney to Investigate.
"You may say for me." said Mr. Man
ning, last night, "that Mayor Lane, Cap
tain Bruin and Mr. Greene called on me
a few days ago and presented their case.
At the some time thoy laid before mo
several provisions of the law bearing on
the case, and I told them I did not think
their cause would He In Multnomah. Coun
ty. At that time they had evidence tend
ing to show that faro and roulette had
been played.
"At the time I told them I would look
Into the references clvon ma and would
make up my mind. Since then I have
been studying the question and have had
my office force looking up the law. I will
call the witnesses produced by the Mayor
beforo me tomorrow, and will act accord
ing to my best Judgment. "
jiH Is rumored that the Mayor will In
iuile mandamus proceedings against you
Ifffpu fall to return Informations." was
xu&ested to Mr. Mannlirg.
"Well, they can mandamus all they
want to. he said, "and they will find me
stiy In the city after I have decided upon
the matter, and they will fiud mo here'
good and solid."
Monday, therefore, will be a day of pyro
technic oratorj boforc the new Judge, un
unfess Mr. Manning grants informations
as a result of his" Investigations. If he
does not grant thorn It Is probable that
the higher courts will be -railed Into nlav.
or the question may be switched before.
uje new Judge, and on anneal co to Judce,
naraivf. wno ciosca me Warwick Club
wrao months ago. At any rate, tho show
In the big tent Is expected to begin Im
mediately.
MILWAUKIE DEFIES LANE.
In Mass Meeting Assembled .Its In
habitants Censure Him.
n mass meeting assembled lst night
"a people or Milwaukie sent thelr de
nonce to Mayor Lane, of Portlund. Or..
arwarned blm not to Interfere with
their affairs.
The meeting was called ostensibly to
nominate a ticket to be voted for af the
municipal election to be held the first
Monday lit December, but there was an
exchange of views on the recent raid on
the Mllwauklo Clubhouse, thoroby Inter
fering with the plans of Mllwauklo In the
erection of a City Hall by threatening
to cut off a considerable portion of its
revenue.
Mayor William Shlndler called the
meeting to order. Councilman John Rel
-so was sleeted chairman. Mayor Sbind-
ler denounced In strong terms Mayor
Lanef raid of the Milwaukie Clubhouse.
as unwarranted and Impertinent Interfer
ence In Aulwauklc's affairs. Ho said
that it was Intended to erect a City Hall
next year that would cost about 52000,
and that with the money from the club
house In the way of licenses it could be
dose without Imposing a burden on the
people, or incurring a debt, but it now all
depended onwhother the clubhouse were
to be cut out.
There was a general expression of opln
ion. all condemning the raid. Finally a
motion was made and carried unanimous
ly that it was the sense of the mass meet
lng that the raid on the Milwaukie Club
house was an Unwarranted Interference
with the business affairs of Milwaukie,
and would not be tolerated in future.
Mayor Shlndler declared that it was a
shame that a great big city like Portland.
with 160.003 Inhabitant, should undertake
to Impose on Milwaukie. with only TOO
residents, but he thought that Milwaukie
would be able to tako care of herself.
The following ticket was nominated, all
favorable to the clubhouse: Councllmen
p. M. Matthews. Phillip Strvlb and
George HIvely; Recorder, N. Cooper;
.Treasurer. Fred . Layman; Marshal.
1 Arthur Dowllng. Mayor William Shlnd
ler and Councilman Arthur Webster hold
-over, another year. The meetlnir favored
a jT-mlll tax levy for next yearv Another
liquet will pro uiiuiy 1101 ue iiiuiiiaa-u
CONTENTS TODAY'S PAPER
The Weather.
VESTEP.DAVS Maximum temperature. 4
ll JfetM minimum. 31. Preclpltaton. nene.
west
dletatisg
firms
Wltto'Strlckea with parayls. but periU
working, rage 1. ;
Peasant uprtelMK grows mere terrlWe.
Palfe J.
Foreign.
Sultan reject namaads of pewera and allied
Oeet prepares . to Meekade hie ports.
I'ane 4.
Japan keglae bulMlBg immense navy.
PBe S.
teittHg ef Cuban eewplratera raided.
Tage t.
MVte MlHer writes or groat naval review la
Japan. Page
National.
Puttee almost persuades IHtehceek to ap
pro Umatilla Irrigation project, rase
KepweMeaR Snators try to unite en rate
MM. Page X
Court-martial of Meriwether reveals secret
eoe at Ahnapella. race 1.
More eamagiBg evidence agalnot Bnrtea.
Page 14.
Politics.
La Petlette may deeHne Senaternip if he
can't dictate seceeteor as Governor.
Pag .
' Domestic
Tarbelt grilled by llBRRes fer taking rebates
on hlc own Inewrance. Page 1.
CMcmko banker accused ef swindling Pert-
lane men. Page S.
LaKv Peaerallea acta ea disputes between
ttmaBs. 'Pace S.
Sport. s
Cnet Murphy and M favorites ef Multno
mah wtlt appear la TbankfRlvrng same.
P Z.
Pacific Ceat scores: Tacoma. 12, San Kran
cteeo 5: Lex ARgcles X Pertland 2; Oak
land S. battle 1. Page 5.
Creeceua ekl and retired from turf. Page o.
Pacific Coat.
Oregon good reads conveRtloa is held at Cer
valtte. vPag a.
Chtneee firework factory at Seattle blows
MP. Injuring tevcral white girts. Page u.
Railroad prorpects arc bright In Idaho.
Page .
St. Paul read apposes Northern Paelfle fran
chise on Tacoma tide -fiats. Page 0.
OenfeMed Point Rlehmend. Cat.. Jewelry
UuVf was once la bnotaess In Portlasd.
Pape e.
T. C. llailey. ef Pendleton, wilt succeed Jus
tice Wei vert e or the Oregea Supreme
bench. Page &
Commercial and Marine.
Many traneactions jreperted la hep market.
Page IS.
ArgentlBe crop Ren's affects wheat pits.
PaB 1J.
Sr PranelAce potato market In bad shape.
Pare IS.
B nor room preMt-taklng sales or Stock Bx
change. Page IS.
CondltloM at the bar pertcad a aether storm.
Page 11.
Portland and Vicinity.
Deputy City Attorney Fitzgerald denounces
Mleenmcn fer "alleged violations ef
ordinance. Page 11.
Granting ef raleen license by St. Johns
Cowndt renews agitation ef local epttea.
Page 7.
John RanklR's content against reduction r
rank under muRiclpal civil service wlti be
decided In court. Page 10.
Merchants sign petition favoring proposed
ordinance to revoke Southern Pad Be
fraechlse en Fourth street. Page II.
President H. M. Cake of Oregon Bar Associ
, ation will have charges ef unethical con
duct probed. Page 7.
R. F. Outoault. cartoonist, pays tribute to
Portland. Page 10.
Mayor LaRe's attorneys threaten to man
damus Dlrtrlct Attorney: Manning wilt
sit today as grand Jury. Page 1.
Meeting of traffic officials understood to
have relation to action ef Washington
Commission. Page 10.
Amendment to local-option law proposed by
IHuer men under Initiative. Page 11.
Oi-yon "Water Power Company fighting
claim ef Olston heirs. Page JO.
Fund for relief ef Russian Jews continues to
grow. Page 9.
Plane formulated for establitbing linen milt
at Portland. Par a 0.
BRANCH DIED IN
DEFENDING CODE
Fatal Fight Between Middies
Due to Secret Law of
Academy.
MERIWETHER VIOLATED IT
Student Atx'tiM:d or Manslaughter
Declared Hatred or Branch and.
. Insulted Him to Provoke
-FlglU to Finish.'
e
ANNAPOLIS; Nov. 22.-MldshIpman Mi
nor Meriwether. Jr., of Lafayette. La.,
a momber of the third class of the Navat
Acadomy, was put on trial here today be
fore a naval court-martial on charges
that include that of manslaughter. In
having caused the death of Midshipman
James R. Branch. Jr.. of New York, a
member of the class above him. as a re
sult of a prearranged Hat fight which took
place on the evening of Sunday, Novem
ber 5. last. -
The first and gravest charge Is man
slaughter In having caused the death of
Branch, but there are two other charges,
the second supported by two specifications
and the third by one. The second charge
Is violation of the third clause of' the
eighth article of the rules for the govern
ment Qf the, .navy. The first specification
Is that Meriwothor applied to Branch the
name snoak and coward, and the second
that he assaulted' him. The third charge,
of conduct to the prejudice of good order
.and. .discipline, specifies that Meriwether
engaged In a tight with Branch.
The sad Incident of the death of young
Branch under such circumstances has
been widely noticed and has called atten
tion to the existence at the Naval Acad
emy of art unwritten code governing the
student-body, but quite outside the au
thoritative regulations and generally In
violation of them. Under the "code" every
detail of these fights Is fixed, the mid
shipmen on duty abstaining from report
ing them and excusing from formation
those connected with them. These facts
were very clearly brought out, both by
the Judge-Advocate and In the cross-examination
by Lieutenant - Commander
Robinson, for the defense.
Middle? Conceal Nothing.
The witnesses today Included Branch's
roommate, the referee and the timekeep
er of the contest, and all four seconds
wore examined In a more or less degree
about all the circumstances of the fight,
the- connection of the -code", and their
Ideas' of their duty under the regulations,
although thla subject was not pressed to
such a degree that the midshipman was
put on his defense aa to the binding force
of his oath upon entering the Institution
to obey all Its regulations. The "code"
system was therefore not directly put on
trial, although it was very thoroughly
ventilated along some lines.
In fairness to the midshipmen It should
be said that every one of them gave In
dication of endeavoring to be perfectly
frank and of either believing that there
wag nothing about the system that they
need conceal, or. if there were, that they
would tell It all. notwithstanding.
Midshipman A. W. Fitch, who refcreed
the light which Vas followed by Branch's
death, stated that he had officiated In 19
Such contests, and Midshipman McKit
trick testified that he had taken part In
nine. Detailed accounts were given of
the arrangements by which midshipmen
on duty acquiesced in absences without
leave and other derelictions. In order that
the tight might go on, and the testimony
also showed that, although frequently
severe Injuries resulted from those fights
and the recipients of them had to be
taken to the hospital, nothing further was
over heard of them. This the defense
-brought out on cross-examination, it be
ing evidently Intended to show- that the
authorities also winked at the code and
the prearranged fights under it.
Meriwether Broke Rules.
Interesting sidelight on hazing, or "run
ning," as it Is called at the academy, de
veloped from the testimony of one of the
midshipmen. Meriwether has been gen
orally disliked, he said, because he was
too "ratty," that Is. it was explained,
that he did not abide by the rules laid
down for the government of the lower
classmen. Some of these 'were that he
would never enter "Lovers' Lane," an
academy walk; that he should turn all
corners at right angles; should not look at
an upporclasHjnan. and should answer
most respectfully when addressed by one
of them; that he must never touch the
table nor ask. for anything during a meal,
and under no circumstances "fuss," that
Is. be attentive to young women. These
rules and many others are contained In
that part of the "code" looking to the
right of undor classmen.
Branch bad been one of the midshipmen
who. according to the testimony, deter
mined to make life "not worth living" for
Meriwether, because ho would not abide
by these rules, and from that the enmity
arose.
District Attorney Takes Hand.
A surprise developed In the fact that
United States District Attorney JohnC
Rose, of Baltimore, would assist Captain
Marlx, Judge-Advocate, in the prosecu
tion. It Is most unusual for a. Judge-
Advocate to have assistance, and the In
cident Indicates how Important the pres
ent case is considered by the Federal au
thorities, the personal element being entirely-
subordinated to the question of the
effect of the "code" at the academy, and
the subjects of fighting and hazing closely
connected with It. Mr. Rose was as
signed to the work by the Department
of Justice at the request of the Navy
Department.
The accused is defended by Lleutenant-
Cnmmander James K. Robinson. U. S. N..
and James M. Monroe, of the Annapolis
bar.
The first two witnesses called were Mid
shipmen James F. Van Decarr and Earl
"W. Pritchard. classmates of Branch, and
their evidence bore directly oh the sec
ond charge, that of quarreling with a
person in the Naval service, with an In
direct relation to the main charge of
manslaughter.
Meriwether Hated Branch.
Midshipman Van Decarr said that his
scat at the table was next to Midship
man Meriwether, and that on the even
ing of October 31 Meriwether bad told
him that Branch had done all he could
to make his (Meriwether's) life miser
able while he had been at the academy:
that he hated Branch and was going to
make htm fight If there was any fight in
him; that there were only a. lew people
that he hated, and that Branch was one
of them. The next day. Midshipman Van
Decarr testified. Meriwether had said it
was all fixed, that he and Branch had
arranged to fight.
Midshipman Earl Pritchard. the
next witness, was the roommate? of
Branch, and is also from Louisiana. His
testimony covered the facts in the Inci
dent that led directly to the fight. Meri
wether had. he said, come to the room
occupied by himself and Branch, accom
panied by Midshipman Yeager.
Quarrel Which Caused Fight.
Branch had gone to bed. but rose on
his. elbow and turned on a light just
above him, remaining' in' that position
during the conversation. Meriwether ac
cused Branch of acting unfairly toward
him by using his official position as mid
shipman In charge of the floor to report
him about the matter of a dress suitcase
containing civilian clothes, and eharged
Branch with having a grudge against
him.
The' latter Branch admitted. Meriweth
er then said that Branch was a "damned
lowdown. sneaking coward."
Branch then- told Meriwether that his
class could compel him to leave the acad
emy, and to this Meriwether answered
that he did not care If they did; that he
was not going to be used badly by any
one. The conversation continued, and Branch
told Meriwether that he had only reported
one man since he had been at the Acad
emy, and that he could not help. Meri
wether rejoined that If he ever reported
him, he would have to fight. There was
some further talk about the standing of
the families to which they belonged, and
the affair closed with Meriwether calling
Branch a "sneaky coward." "a damned
coward" and "no gentleman."
After Meriwether and Yeager had left.
Branch asked the witness what he should
do, and was told that a fight was neces
sary. Afterwards Branch had told him
that he had not reported Meriwether. An
upper classman, Noyes, had spoken to
him about it. and he. had come to the
conclusion that it would be a dirty trick
to doso.
Rules of Academy Code.
Ralph Yeager. a classmate of Meri
wether and who went to the room with
him on the night of the quarrel, testified
that Branch had called -Meriwether "a
damn fool." when he came to the room
and said that he was "damn ratty." By
the latter. Yeager explained that it was
i meant that-he did things -that the "code"
did not allow members of his class to do.
It was explained that a fourth-class man.
for Instance, has to keep away from cer
tain walks of the academy, turn squarely
at corners, never look at an upper class
man, never talk to girls, observe certain
regulations when eating and speak most
respectfully when spoken to by an upper
classman. This. It appears, was still the
unwritten law of the Institution where
hazing has been abolished.
Branch Was Stronger Man. .
Dr. Robert E. Hoyt, head of the de
partment of physical culture at the acad
emy, furnished Interesting data on the
size and strength of Meriwether and
Branch, taken from the actual measure
ments of the academy. While It Is a
fact that Meriwether was slightly older,
heavier and taller. Branch was larger of
chest and arm and his total percentage of
strength was about a fifth greater than
Meriwether's.
Commander Calvocoresses was efoselv
J questioned by the Judge-Advocate and the
court In regard to the attitude of the
academy authorities toward fighting. He
said most emphatically that there was no
hinting at It. but every such offense would
be punished severely If known. He also
testified that all midshipmen were made
acquainted with the regulation of the
Navy by the copies which were put In
their hands and by oral instruction. He
showed the court the gloves which had
been turned over to him as having been
used in the fight. They were known as
punchlng-bag gloves, and are used. as a
protection for the hands when punching
the bag, and have almost no padding.
Meriwether Offered to Forfeit.
Midshipman Harold V. McKlttrlck. who
acted as second for Branch during th
fight, told of their engagement, and the
Insistence of both boys that the fight
should be to a finish. The fight Itself,
he testified, lasted 22 rounds of two mln--utes
each, with one minute Intermission.
Early In the fight one of Branch's eyes
was closed, but he was holding his own.
At the end of the 20th round, Meriwether
fouled by hitting In a clinch, and offered
to forfeit the fight. Another time Branch
was on his knees and, under the rules,
could have been hit. but Meriwether
would not hit him. Both of these were
points In Meriwether's favor.
On cross-examination an effort was made
to show bj- the witness that fight gen
erally had the effect of abrogating the 111
fcellng between the fighters. The wit
ness said that it was always the custom
to have a general hand-shaking at the
close of the fight, and that this was done
In this case. Meriwether, he said, begged
the pardon of Branch for the Insulting
language he had used and the apology had
been accepted.
Other midshipmen connected with the
fight were examined, but not at such
length. French, who refereed the fight,
admitted serving in a like capacity at 19
similar affairs. The evidence of Church
ill Humphries and C. W. Magruder. sec
onds to Branch and Meriwether, respect
ively, and Leigh Noyes. the timekeeper,
also corroborated the incidents told by
McKlttrlck.
Treatment of Branch.
Earl VT. Prlchard, the roommate of
Branch, recalled to tell all the circum
stances connected with Branch's treat
ment after the fight, said that Branch had
c-een given a hot shower bath and treated
with towels soaked In hot water and ap
Dlled to his head and bod v. Ttmnoh
said, had complained about soreness In
one arm ana parts ot his head, but had
talked naturally about the flerht anri nthw
matters. Prlchard had noticed some move-
ifc'onrliTilr flnrLLLn. 3J
TARBELL IS ON
HUGHES' GIL
Took Rebates on His
Own Insurance.
CUSTOM OF THE BUSINESS
Equilable Official Attacks
Frick's Report.
SUGGESTIONS FOR REFORM
Ruler Over Agents Admits Com
panies Have Sinned nnd Offers
Commandments Against
Further Sins.
ACCEPT M'COKDVS SACIUFICE.
NEW TOP.K. Nov. 22. At the regu
lar meeting of the trustee of the
Mutual Life Insurance Company today,
the -offer of President Richard A. Mc
Curdy to have his salary reduced from
? 150.000 to 575.000 was accepted, and
further reductions were made, amount
ing: altogether to S150.0CO. The names
or the officials affected were not made
public
It was deelded to place all the cen
tral ajrenta on a salary Instead ot a
commission basis.
NE YORK, Nov. 22. After being
on the witness stand before the Arm
strong Legislative Committee on In
surance Investigation for the greater
part of three days. Gage E. Tarbell.
second vice-president of the Equitable
Life Assurance Society, finished his
testimony today and just before ad
journment submitted a list of sugges
tions for the remedy of existing abuses
In the management of Insurance com
panies and for legislation designed
to glye the state proper control over
the companies and to Insure the con
fidence of the policy-holders. Prom
inent among these suggestions was
absolute publicity. While admitting
that wrong had been- done by life In
surances officials. .Mr. Tarbell said he
had no apologies to make Tor any
of them and that he hoped they would
be punished.
Mr. Tarbell was on the stand the
entire day and w-as questioned as to
the system" of agencies and the com
missions and other compensations al
lowed them for getting business. Just
before the recess, the fact was brought
out that Mr. Tarbell had taken out
Insurance on his own life and on mem-
I bers of his family and had received
the agents' commission on the pre
miums as well as renewal commlsslons.
He said that since he became an offi
cer he had taken out $200,000 on his
own life in the Equitable. Besides
his policies in the Equitable, he had
taken insurance In the New York Life,
the arrangement being made with
George W. Perkins, and on this too,
he received the commission on the pre
miums. He also had a policy in the
Aetna and the Travellers, on all of
which he collected the commissions.
He said h carried $400,000 on his own
life and $100,000 on members of his
own family.
Only Courtesy of Trade.
Mr. Tarbell . was emphatic In de
bouncing the system of rebating by
agents and stated that any agent of
the Equitable who gave rebates to
get business was dismissed. When he
told of getting the commissions. As
semblyman Cox asked If that was not
rebating, and Mr. Tarbell said It was
not; that he thought he was entitled
to It. Later, when Mr. Hughes took
up this same subject with the wltnes?,
the latter justified the taking of the
commissions as being similar to the
case of a merchant who purchased
goods of a fellow merchant In the
same line, perhaps to fill an order, and
got these goods at cost, or of a pro
fessional man treating another and
charging less than the 'regular fees.
Mr. Tarbell further said if he had done
wrong, he was sorry, but that he had
acted In good faith.
Mr. Tarbell bore out In a measure the
statement of James H. Hyde relative to
the fairness of the Frlck report. The sub
ject of advances to agents was under In
vestigation, and Mr. Hughes read some
figures of the 'advances to one agent In
hls city. Mr. Hughes asked where the
Frlck committee got the figures, and Mr.
Tarbell replied with marked asperity that
he did not know.
"They did not get them from my de
partment or the auditor's: they made
their report without ever making an In
vestigation of the department," he said.
Excuse for Loading Premiums.
Mr. Tarbell submitted a specimen of
contracts made with agents, which was
offered In evidence, as also were letters
which accompany contracts explanatory
of the allowance ot commissions.
Mr. Tarbell said the system of "load
ing" premiums was originated to Insure
the ability of companies' to meet any con
tingency of claim or expense. He said
that premiums are placed higher than is
necessary for safety, and the excess
"loading" is returned to policy-holders In
dividends.
OC JSO.OCO.CCO surplus of the Equitable
Society at the end of 1S94. Mr. Tarboll
(Concluded on Page 4.)