Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 28, 1887)
t" ) THE OMAHA' ' DAILY BEE. SEVENTEENTH YEAE. OMAHA , MttDAY MORNING , OCTOBER 28 , 1887. NUMBER 132 BEFORE THE SUPREME COURT Beginning of the Argument In the Anarchist Cases. 0. RANDOLPH TUCKER SPEAKS. The Mnln Points of His Address tinned on the Fourteenth Amendment Attorney Gen eral Html lleplles. haying Down the Imw. WASMISOTOV , Oct. 27V [ Special Tclcgtam to Uio HKE. ] A largo"numljcr of people went to the capital to ilny to attend the an- urchlsts hearing , but ns the court room Is small , only about ono hunched nnd flftygot In and sc\ernl hudicd fulled to get admission. The proceedings wcrocry polcmn. All the Judges paid tloso attention to arguments pro duced and several of tlicm Intel iiiptcd the ut- torneis to ask them questions. The anarch * lots' counsel made tin Interesting picture. Hen Butler was there In flue broad cloth , swallow tall coat , broad shirt front und \cryflnc button hole boqucit. Next to him Koger A. I'rjor looking like n ciossbetwecu a phantom long-bailed Puritan preacher and wild Indian. Randolph Tucker looked plain bcsido those two with bin gray } mlr nnd gold-rimmed spectacles. Behind these there sat Captain Ulack and Salmon , the Chicago law1 , cis. At the other end of the table sat Attorney General Hunt , of Illinois , State's Attorney Grlnnell and as- distant , all three very plain , matter of-faet looking men. Itnndolph Tucker made the 111st aigumrnt and one that surprised these of his old filcnds who wcro picscnt. Ho has alwaj1 ? been an cxtierne state's rights man , but to day claimed that the fourteenth amendment to the federal constitution virtually makes the supreme com t the guardian of all the rights and prhileges of eveiy clti/en in all the states nnd cunfeis upon It the power tc practically review all licenses in state courts. Ho claimed that his clients had not been con victed by duo process of law , us the four teenth amendment required , and that u charge to th.it effect w.is suftlcient to nuthoii/o the coutt to issue a writ of cuoi. Tor this the application was made. The question as tu whether thutchunge was \\ell foundul would have to bo investigated under the writ. In explanation of their position and the proofs by which they would maintain it , he said that they mainly icly on the mannei of Delecting the Jury which tried the condemned ; that the Jucy did not consist of imp.utial men , but contained soaw who acknowledged they had fonned opinions and that the c'uss ' of people to whom the accused belonged weto vigoi- ously excluded fiom the Juiy. The con demned men weiu not ti led by a Juiy of their j > oeiH. Ho finUKTstated that an unlawful seal ch had lie-en nnidu m the houses of the defendants for evidence to convictthem ; that the letteis so obtained were not only used as evidence against tliem , but that one of the defendants ( Spies ) was foiccd to testify that no hud lecehcd them fiom .lohnnn Most. This , Mr. Tinker claimed , amounted to u violation of two provisions of the constitu tion : That against the scaich of persona without warrant of law and that against compelling poisons to nccuso or testify ngainst themselves. Ho stated that thcso constitutional piovi-ilons were contained in the first ten amendments to the constitution , which woio In effect a bill of i Ights and that the fourteenth amendment included them all , made them stronger and guaiantccd them to nil citl/cns. Mr. Tucker was inteiruptcd several times , once by .lustHo Field , who miid that if Tucker's position was correct all litigation would finally bo bi ought before the supicmo coutt. The other justices seemed to agree. With a somewhat theatiical appeal to the court ho said that ho appealed against the anarchists of lynch law as exemplified by the trial of the condemned petitioners whom bo represented. Attoinoy General Hunt answered in n clear , calm , plain uigument , which was highly inteiesting. Ho justified the jury law of Illinois , which had been made not to pro- cmo Juries pijudlced to accused pusoiicis , but to put some intelligence in Uiojmybo\cs , In thcso times of piogic-s , of the telcgtapli and newspapers , all intelligent men mo usu. ally infoimed of ci lines happening und the law only said that these men , if they had nc opinions exi opt those foimcd bv leading the nowspupeis or bi Illinois , nnd decline undct oath that they can still lender an Impartial vci diet aecoi ding to the testimony , sbouli not bo disqualified as juiots. So far as tin statement was concerned that evidence against the condemned had been ptoduced bj a search not dhectlv authorized by law , he said the question of how it ( the letter fiom Most to Spies ) , hud been obtained bud nothni ( to do with the case. lliosupiemocouita few years aio und In the case of ICcrs. . the Pee mo of the State of Illinois , had so decided In that case the plaintiff in ciror had beci kidnapped In I'ciu , hi ought to Chicago tried und condemned. Ho bad pleaded thai ho bud nBt lawfully come Into charge of the coiut. but the supreme coiut said that I mattered not how ho pot theie , the Illluoi1 couit bad the light to tiy him , and BO it was In this case. General Butler then announced that he np peami for Spies and Fioldcn. Ho will speal to-morrow. Ho claims Unit bis two client ! ore not citizens of the United States , but o Germany and England , icspcctlvclv , ant that under a special ticaty citi/ens of thcsi foieign countiles enjoy special pi iv Urges Ho makes the same points icgaiditig tin search for evidence , illegal jury , etc. , tha Tucker made , but claims that the provision1 In the treaty which only guai autoes citizen1 of the respective foieign countries sucl pilvileges nnd Immunities as citizens of tilt United States enjoy compel the ti lal of sucl foieign citizens uccoidmg to the laws it foico ut the time the treatise was e-oncludec This position of Hutlei's is much lidiculed nud It is not probable that bo will bo able ti iiiulco a respectable argument for it. THE AIIOUMF.NTS IN DLTAII , . [ Press. ! Shortly after 1 o'clock the elite justice said that each side would bo allow ei three hours and that Grinnell might speak Tucker then said it was not ncicssaiy fo htm to show as a condition pi ecedcnt to grant Ing the writ that the action complained of Ii the court below was actually icpugnant to o In violation of the constitution ; it was enl , necessary to show that u conflict had ailsen- that there was u question whether the actioi complained of was not repugnant to the con Btltutlon. That was enough to give this com jurisdiction. It was the object of the statut of IbtIT to gl\o free access to this couit In u ! cases where there was a question of tl.i kind. Uwas not necess.uy to show lepujj nancy , but only conflict. If theio is a eon lllct then this couit has jurisdiction , and if I lias Juilsdletlon , then the petltioncis nro cr titled to a wilt us u right. "Tillscouit , " sal : Tucker. "Is a city of refupo from the avenge of blood , and any man who comes hnio an takes hold of thei horns of justice should no bo repulsed. " The policy of this eouil ho said , hud been to deal libciall with petitions for wilts of oiror i civil eases. How much moio should It dor liberally with a petition for a wiitof cirei In a criminal snse , involving issues of IK nnd death In n case whom life \vus about t bo taken away In violation of the constiti tion , Proceeding then to the met its of th case , Tucker said it was not necessary that law of such n state should bo absolutely an on its face unconstitutional in order to glv this coiut Jui billet ion of a case under-It , ] a law ; seemingly fall- and Just ou its fac should have put upon It by thestuteexmits construction contrary to the constitutloi that wcs enough to gwo this couit jurlsdli tion. Tucker then reviews the hlstoiy of th Kdontlon of the fourteenth amendment , an cam that although It was originally intcndr to ffuamiitco partlculaily tights of cnfrai Chlsijmont to the blacks , there wui nc rcaso Why white citizens' should oi enjo i AM * the benefits of its provisions. Tucker quoted the Fourteenth amendment and discussed the meaning of the words , "duo process of law , " and said that although it had been held by this court that trial without indictment by a grand Juiy might be "due process of law , " and might bo perfectly constitutional , it never had been held or intimated that trial by iwtlt Jury could bo dispensed with. It seemed , he said , to be everywhere conceded that "duo pro cess of law" lequlrcd trial by a Jury of one's peei s. It Is essential that the Jury , should bo unbiased , unpiojudlccd and Impartial and that It should not bo n class Juiy. Tucker then asserted that the Juiy law of Illinois u us unconstitutional In that It provided that thofoimingof an opinion from reports or fiom newspaper accounts of certain transactions - actions should not ncccssailly dis qualify a person having such opin ion from sitting in Judgment on that transaction nsn juror. Even although the law might seem to bo fair and Just , If by constiuction und administration it w ere maelo to deny to prisoners the right of trial by a fair and impartial Jury , then such construc tion nnd administration constituted law and made it unconstitutional. The construction given to the law In this case was different fiom the coustiuction given to It in u largo number of other cases in the same stuto. Ho then lefeircd to the objections made by the defense at the tiial to the rulings of the court in the matter of challenges , to the refusal of the court on the motion for n now trial to hear evident o going to show that a bailiff had said that "Tho men ho hud selected for the panel would bo cei tain to hung , " and to vari ous other lullngs and decisions of the tiial court , which had the effect of denjlng to the ptisoncrs a fair trial by an impartial Juiy. Turning then to another question raised bv the case , which , he said , was anew one in this court , ho quoted the second clause of the fourteenth amendment to the effect that "No state shall make or enforce any law w hich shall ubi Idgc the pi Iv ileges or immu nities of citii-ons of the Uiiited States. " Among the "privileges and immunities" thus guaranteed by the fourteenth amendment were , he contended , those set forth In the Jirst ten amendments to the federal constitu tion. It hud been maintained , bo said , that these first ton amendments to the constitu tion were limitations of federal power only , but It was his belief that unless the privi leges und immunities wcio specifically said tb bo merely limitations of federal power they were privileges and immunities which came within the pin view of the fourteenth amendment and woie guuinnteed by it. Chief Justice Wuite Then you would bring all questions to this couit. I cannot conceive ol any question which cannot bo bi ought here if the fouiteenth amendment makes "privileges and immunities , to which it tofeis include nil those of the Hist ten amendments. Tucker said he would admit that it was a new question , but ho should like to aiguo it. "Now , I make the asset turn , " said Tucker , "that the right to bo exempt from unicasona- blo searches and semnes. the light of free dom of specth , the light of a citi/en against self-accusation nnd the light of u citizen not to bo twice tiled bv a juiy , aio f-ceuied to him by vlituo of the constitution of the United States Being so , the fouiteenth amendment comes in and sajs , 'No state shall make or enfoico any law which abildgcs the lights or privileges of citi/ens " Tinning to the action and lullngs of the tiial court , Mr. Tinker' said the defence witb dm en to pot- cmptoiy challenges In older tocxcluilo juiois who should have been te-jcctod for cause and th.it thcicby theio was a limitation of the light of peicmptoiy challenge which this couit his held to bo one of the highest pi alleges of the pusoner. "The hist foui jomois , " said Mr. Tucker , "weio put upon us after out pcicmptoiy challenges had been exhausted. In ono case ( Juior Honker ) , we objected distini tly upon the giound that the lulmg of couit was In violation of the consti tution. " Tucker then lefciicil to the scuuto of letteis , pi ivutc papois , etc , and their use us evidence , and said this was a violation of the fourth amendment. In conclusion Tucker said : "Wo have a light , in my judgment , to-wit : To bo hcnid on the question whether the constitution has been violated in oidcr to compass the conviction of these men. It is true they are said to bo anarchists , but they aio men and ura entitled to the same profction that 1 am. 1 know of no anaiehy abioud in this land which the American peoulo need fear except the tumichy ih the administration of justice. I pi ay that the couit will theiefoie award this wut , for , if I do not mistake , theio nio e\idenccs in the whole iceord which will demand a icveisal of the Judgment. " Attoiney Geueial Hunt then addressed the com I In behalf of the state and in opposition to the motion for a wilt of error. To w.u- lant the issuance of a writ it must appear , ho bald , fiom the iccoid , Hist , that theio is a fedeial question iiuolvcd , anil , second , that such question was laiscd and dct ulcd in the state couit. Ho was not as well informed us ho would like to b with icgaid to the exact points upon which the counsel for the peti tioners iclied. In the fiist pait of his aigu- nieut Mi..Tucker planted himself fcquaiely upon the lights "which belonged to his client , under the fouiteenth amcpdimmt. but in the lattei pint lie ch mgcd the giound slightly and insisted that the Hist ten amend ments weio declarations of individual lights and that they weio all compi iscd in the proVisions - Visions of the foiuth amendment. The nttoi- ncy gcncuil opmscd hi , view and B lid that sc fur as the petitioners iciy upon ahj thing contained In the o amendments they can have no standing in this court. The fouiteenth amendment Is equally foieign to any light , piiulego or immunity hciei claimed by the petitioners. The iccoid will show that the complaint is not that the state has mudo or is c'liloit mg a law whli It depuves thejipetitlou- cm of any piiMk'gc'Hoi * immunities guuian- teed by that section , but that they .11 e dcpi id of their lights by an ciioncous constiuction of the law placed upon it by the lual i ourt oi the state. The petitioners did not claim in the supieme couit of the state that the Illi nois act of 1&74 was lopumiant to the consti tution , treaties or laws of the United States , nor that the authoiity of the couit was oxci- used under it , but that act was constitutional and valid and the eomt cseicised its powci in violation of that law. The potitioncis weio tiled in the conns of the s-t.ito xmdcr the laws of the state and tint constitutes "duo pioees-i of law. " Jt is not material that this or another coiut might have ruled differently under the law. Due process of law means the law of the land , Mr Hunt then cited the caio of Picsscrvs thei State of Illinois let-aiding the militia hiw of thu state , This decision forecloses and bai s out the contention of counsel that the lights contemplated in the language of the llrst ten amendments weio all included m the fouiteenth amendment , and extended special guaiantces and immunities to citizens of the United States. Attoiney Genera ! Hunt then tin ned his attention to the const ! tutional provision that "No state shall denj to any person equal protection of laws , " ant submitted to the , court that "cqiul piotcctioi of laws" and "privileges und immunities' contemplated by the amendment weio only those for whoso en forccimnt i-ongiess h.id piovidee by subsequent legislation , and hav ing acted , conpiess has exhausted the subjce' ' until It chooses to take it up again. Turning tt the composition of the jury lu the tiial couit the uttoincy general s > aid ho did not see how the pcisonnol of the jury which tried the pe tltioneis In this cisu could properly bo sub milled to tlio ( oui t or consider tl by Jt in tin piescnt pi acceding. This Inquiiy must b < mudo us to the caustitiimality of the Juiy lav of the state of Illinois und not as to how tin state couit may have cousldcicd that law The iccoid showed , ho believed , that on tin challcngo of one juror the suggestion wa : made by ono of the counsel foi the piisoncrs that thcie WTV n pioxiblon in the const itutioi of Illinois as well us in the constitution o the United States guaranteeing to ovorj poison a tiial by un hnpaitial JUJ.M. The per Ron at w nose ohullengii the suggestion wai made ) did not finally sit in the juiy that ti leu the ease. Ho would submit that in order ti give thopartles standing in couit asupgcstloi or objection be madn with regard to tin Jurov who actually tiled thecaso , or that b : icason of exhaustion of their peremptoi : challenge the pctltioiicis weio compelled t < accept unlncoirpc'tcut juror and were thereby Invpauibly damaged. This question wai never raised with icgaid to any juror whi did actually sit In that case. Chief Justlte Wiu. it not raised In San fprd's cv.s4)l Ithink , It U tuown in the mew orandum which wo have that It was raised as to Sanord. Mr. Grlnnell , interrupting If the court please , the memorandum is not n fair tran script of the record. After some colloquy the chief Justice di rected that all the parts of the record relat ing to the question thus raised should bo printed and submitted to the court to-morrow. Attorney General Hunt , resuming , once more icferrcd to the fact that the Jury law of Illinois was not attacked by counsel on the other side in the state supreme court. They stated there , ho said , that they did not think It necessary to attack the constitutionality of the law "because It may bo given a con struction which would make it unobjectiona ble. " Mr. Hunt believed it to bo well settled and established that this court will not review the decision of the supreme court of a state as to the con struction to bo given toalts own constitution and Its own laws. Ho then spoke for some time of the jury law , which , ho said , has been a common law all over the United States , and always. The law was substan tially the same as these of New York , Michi gan , Arkansas , Colorado nnd Nebraska. He- cent changes in the Jury laws of the states had for their puriwso and obfect the procure ment of a better und more intelligent class of men as jurors. "Is it imssiblc , " the attoiney general asked , "that the states ate to bo so bound by the federal constitution that they cannot change their jury laws in accordance with the changing conditions of their social and political life I" Ho hoped the couit would matin cly consider the far-reaching consequences of the construction which the petitioners desired to have given to the fourteenth amendment. As to the alleged "Unreasonable search and seizure , " Mr. Hunt said ho would like to Know how a criminal's instruments of crime could legally bo taken from him. Ho knew of no process by winch it could bo done If they were his own. The question for the court , however , was not "How was the possession of these things obtained ! " but rather , "What do they provol" The attorney general cited the recent case of Ker , brought back from South America without extradition. The court held that the question was not "How did you get here ? " but "Aro you guilty I" The attorney general then took up the case of the prisoners. Ficlden and Spies , and said ho understood that it would bo argued by counsel on the other side that they being foreigners Fieldcn un Englishman nnd Spies a Ger man were piotected by the treaties between the United States and their respective gov ernments ; that they should have immunity because the treaties provided that citizens of England and Germany living in the United States should huvo all the lights and piivi- legcs guaranteed by law to citizens of the United States at the time the ticaties weio lutillcd. Chief Justice In what respect is it said that this violates the citi7cnship of Great Hritainl General Butler They wcro to have all the piivileges of Amci leans at the date of the tieaties , and among these piivilcges , wo con tend , was a tiial by Jury under the laws then In force. No laws could bo passed to change their condition under the oiganio law the highest law. Attorney General Hunt icplied that If this wcro so , then the pusoners , without being cltl/ens , wciopiivileged prisons , above the laws of the state which they set nt ) defiance. At this point the hour for adjournment ui- rived and fuither argument was postponed U'ltilmoiiow. . PnrsoiiH fmliffereiit. CHICAGO , Oct. 27. [ Special Telegram to the HIT. ] "Oh , I have grown almost mdif- feientto the result , " rcmaikcd A. Ii. Par sons to ox Justice Uuiker , who talked with the condemned men this morning. "Hope nnd fear have almost woin themselves out , and I have become quite callous. " "So have I , " icmaiked Mrs. Parsons , who was by his side. "Tho capitalists nnd thcii couits demanded blood , and they will no doubt have it November 11. " "The woikingmen and their friends will demand blood for blood , and they will no doubt have it aftcrwaid"continued Paisons , "Blood for blood , " whispered Mrs. Parsons. "What hope is there from a United States supiemo court that sends for stuto ofllceis nnd consults with them ns to the question ol jmisdiction ? That is what our supreme coui t has done in this case. Die ! it ever do so in any other case ! The judges with their solemn mummery are put theio to decide questions for themselves. But , bah " nnd with u wave of his hand Paisons signified that the mtei view was at an end. "Do jou think the supreme court will in- tcifeie in the anaichists case ! " a icpoiter inquired of ono of the most prominent attoi- ne.\s In the city this moining. "I do not. Uvcri thing indicates that the judges have found nothing to wan ant them in bending the case back. Had it been at all clear or probable that the court would find cause to Intelfeie , Justice Ilalan would have he.n d the application for the wi it of error without hesitation. It has never happened but oiuo lief01 e that the full bench has heaiel nit application of this kind , nnd the judges most likely aiianged to hear it in this case because of the sensational interest in it , the fact that sc\cn lives instead of ono ai cat stake and because the whole civilized woilel Is Matching the result. The decision , when piven , willcairy with it the full force of the highest tribunal in the land. I do not assume that the judges have piejudiccd the case , but they aie not ignorant of it , nor of the points to bo made in suppoit of the application , and 1 conclude from all the indications that thej entered foimally on its consideration , seeing little or no ground for Interfering. " ACIIOIjKltA SCARE. The Steamer Independent Causes Commotion in Health Circles. Cmcuio , Oct. 'JT. Health Commisslonci DeWolf iccei\ed n tclegramfioni thosurgeor general ut Washington saying that some eighteen Italians w ho ai i ivcd ut Now York oi the steamer Independent Oct. 15 , fiom an In fee ted Italian poit , had left for Chicago. Do Wolf instituted a search for the immigrants , but nothing of then could bo found. The. health au tluritles here sent back the telegram , indig nantly piotestlng against the quarantine of lie ei sat Now Yoi 1 ; for foiw aiding iuimigiants from affected parts. New YORK , Oct. 27. The health officer , ir lila reptnt to the quarantine commissioners sijs there is no cholera on the stcamshi ) Biittanlcu , and that all immigiantson Hoff man's island are well. The authorities saj theio is no possible fear of infection fron passengers. The quaiantlnc authoiities say there is ab solutely noupiiichcnsion to bo felt concern ing tbo possible spiead of cholcia tluougl the Immigrants who landed fiom the steam ship Independent. The vessel was twenty three dajs making the passage , and whcnsni i cached this pott there was not a case of sick ness on boaul. The steamer was cleanlj kept , but still she was detained at quaran tine f 01 a day and a half and u thoi ougn f uml gallon was carried out. WASHINGTON , Oct. 27. Surgeon Genera Hamilton , of the Marino hospital service says ho has notified all points to which tin immlgiants from the steamer Imlepcnden went to look out for them. Ho does not on pieheud any danger. The government wil probably not take any action towaid keeplni out vessels fiom cholera dibtiiUs until thi local authoiities icqucbt it , as the law for bids liitcifereiioe. * Telegraph "XVnr .Settled. NFW YOKIC , Oct. 27. A Wall Dtieet clrcu larsajs n conference was held this after noon between Piesldent Chandler , of th < Postal Telegiaph company , and Jay Gould Although no oftlclal statement could bo ol talncd , it is said that the telegraph war wa fettled and that rates will bo advanced u ! most immediately. Funeral of "XVuslibnriie. GALENA , Ills. , Oct. 27. The icmulns o Hon. E. 13. Washburno arrived hero nt 5.3 this morning and were transferred to Turne hall , where they are now Ij ing in state. Th hall U appropriately draped. The fuueru services tooV place ut 3 this ufteruooa. , ' . THE TRACK OF THE TEMPEST Death and Destruction Wrought By the Recent Etiroponn Onto. THE KING OF THE NIHILISTS. Prince Kriipotklno on the Chicago Amu-olilsts EnglUh Ofllclalu Uneasy SpurKcon's With drawal London Gossip. Wreck or the Winds. iSifT , liy Jama Gunlon Ittnnttt. ] Le > X ! > ONOct. ST. [ New Yoik Herald Cable Special to the BJ.E. ] I visited Llojd's this afternoon to obtain details touching the stu pendous gales on all the coasts , where I met a veteran shipmaster who said ten years ago the storm would have mudo great havoc , but the Herald's warning , that every paper copies , begot caution and prudence. Many sallots affect to tieat these with indifference , jet , neveithelcss , leracmbcr the predictions and take precautions. I found that details came in slowly and telegraphic whcs weio woi king badly. At many points the meteoro logical office hael to issue a foiccast without elata from Baltic ports. Tour vessels ar rived nt Shields. These lost all the deck loads. At Grlmsby the Johnnno Marie , from Honfleur to Elslnore , caught the full severity of the gale and came In leaky for rcpaiis , re porting a genuine hurricane. At Harwich the Pioseidon reported having been struck by u sea when off Tcxel during a heavy galo. causing her to take water. The master thinks the cargo damaged. A survey will be held on the ship to-morrow. At Green- ock it is reported that n coal- laden lighter was driven ashore at Innelton. At Liverpool a schoonci isioported agrouuel. The master of : the British steamer , Serugfar , arrived from New Castle at Yumiden reporting that , twenty- eight miles north-north-west of Yumiden piers he spoke a Spanish steamer , with ma chinery broken down , for Hamburg. A tug has gone out fiom Yumiden in search other. The name could not bo discovered on account of a high sea running , but the vessel is prob ably ono trading between Baicelona and Ham burg. The London & Northwcstci n railway company's steamer , Alcxaudiia , which left Holihcad ut 0:40 : p. m. last night , cncoun- tcied a most sovcio weather while off the South Stack and in the race heavy seas swept over her , damaging the bulwarks anil smashing her deck erections. A number ol Iiishlmivestcrs , deck passengers , whoweic returning from the English hanest , suffered terribly. Some of them wcic swept about the deck while others w ere pitched down into the engine loom with the result that John Fleming , of Lavnllyroe , County Mayo , was crushed to death and three others were seriously injured. Captain Goidon thctc upon , 'cnrh'g-fiuther damage , put back intc Holyhead , where tiid"JL d.V of the deceased was landed nnd the three injured J'icii taker to the Stanley hospital. Some passengers wcro on board to catch the White Stai steamer ut Qucenstown , nnd would have Ios1 it , only this was delayed so they oveutuallj caught it. Twelve ft iiermcn belonging tc Yarmouth smaclcs were lost dur ing the recent gale. The loss of two men uamcd Dickens anil Maiden from the Chatterbox belonging tc Messrs Hcwett& Co. , was also reported , Two of the crew of the Sisters owned by Mr , Elkliis , named Moss und Haven , who weic diowned , and a number of the ciew of ono oJ the Thames mission smacks , aio mentioned , In consequence of the unmanageable seas bo- twecn ono nnd two o'clock this moming whllo the steam tugs , Flying Owl and Walker , wcro approaching a vessel in the daik for the purpose of getting towage neai to the. Cumbiacs they came into collision , the last named vessel sinking immcdiatcli and the engineer , George Uaxtcr , went down w ith the vessel. The Flying Owl 10- ccivcd considerable damage nud has had te bo beitheel at Giennock. The New Haven Dieppe steamer and the Falmouth or South ampton steamer for Channel islands did not cioss last evening. These nieonly selection' fiom diffeicnt points to show the fai-icach ing chancier of the gale. OFFICIAL CinCIjES AGITATni ) . Uneasiness Over Possible Frcncli ministerial Changes. lCop/rfy7iKSS7 | fctf JaniM Gordon Bcntifff.l LONUOK , Oct. 27. [ New York Herale Cable Special to the BtK. ] Some disqui ctudo is felt in official circles at the contcmpla tion of the probable resignation of the Grcvj and Ilouvier ministry. True , it may be assumed that the convention just agrcce ujKm between the English and Fiench gov crnmcnts is binding on both , whatcvci changes in the ministry may take place , bu It Is also feared that l might not stand tin shock of a return to power of Clemcnceai and Boulanger. The failure , fiom any cause of the recent negotiations would bo a licav * blow to the English ministry , but as th < Fiench public appear Well satisfied with tin convention there seems no good icason to ap prebend such njcsult The fall of Houviei could not but add greatly to the serious cle mcnts of disturbance ahcady existing ii Europe , ready to burst out at any mo ment , Russia Is straining in the Eas Franco restless , Germany irritated , Austrii eager to i ecover her lost influence. All tin world is familiar with the circumstance ! which tin eaten tranquility in England. / calm survey of the whole field is nssuredli not encouraging to the friends of peace Should a war bieak out anywheic , the flamei must quickly spread. ' Boulanger's icturi would cause u tremor to run tluougli over : court and cabinet in Europe. Fiance has al ready had twenty-two ministers in sevcntcei j cars and Is now apparently destined to have i twenty-third. Some Englishmen chuckle eve ; the Instability of government In France , no maiking the signs of the times nearer home and forgetting the fou changes in the minis try here In little moro than twelve months At that i ate Englarfd will soon bo at th French score. I The unionist party is about t take a leaf out of the National League' book. At the latfl elections the Icagu sent a strong deputation of speaker to their constituencies , and no doubt thi had a great effect in turning the scale in sev crul shaky places. The unionists now intcm to bi ing over examples of boycotted person to tell their stories , personally , to the Enj llsh public. They also intend to import number of Ulster farmers to explain thei true position and proclaim their sentiment regarding the Institution of an Iiish parlit nieut in Dublin. Thus the Irish question wi be argued out by Irishmen. Should the o * posito faction hapixm to meet in the Bam town there will bo w'igs on the green and a historical parallel at last bo found to th legend of the Kilkenny cats. Both sides hav been very hard at work for the past fen night , and both aio equally confident the have made progress. Predictions must b f utlo | since in thu event of a general olectlo Uie issues will bo ecclded ) by theunobstruslv oters who , never visible In processions or dcmonstiatlons , put their ballots in the > ox nnd return quietly to their homes or msiucss. Thcro nio no Indications on which o form a judgment ns to their opinions ex cept ns legards the lawless spirit now abroad hat is viewed with much suppressed indlg- intlon. Marriott , Judge advocate general , has re- timed from Cairo whet o ho has been en- -aged in advocating the claim of Ismail , 'asha against the Egyptian govcinment. You may take it for granted that Maulolt earned his fee , said to have been very heavy , but it would bo very Interesting to know how much Ismail has paid to English friends and supporters. I have heard the sum estimated at 600,000 gone in all directions chiefly among lawyers , but the journalists ha\o had helrshaio. Ismail's claims tcqulrcd a good deal of writing up. It Is not likely that this work was done on the cheap lead ing men nnd jomnals , of couisc , not n the scramble. But a good many wires may jo pulled apart from them. Ismnlls' private account book would a lively tale unfold. Sev eral Indian princes have come over from time o time and their gold has also fertilized the arid soil of Temple and Lincoln's Inn not to mention Fleet street. That the money was alwaja legitimately earned I need not say but mighty llttlo was got for it by the oriental visitors. Ismail's ' case stands pretty much where It did bcfoio ho spent a penny but his sons remain hopeful and their interests are frequently pleaded In the English journals of course from the most disinterested motive. Dhulep Singh's son is in charge of Law rence Ollphant , so well known in America from his former association with Brother Harris and his community near Buffalo. Ollphant went to live in Palestine some tlmo ago with gicat projects , among them , the return of the Hebrew race. As the Hebrews would not return to their ancestral soil Ollphant came back. Ho always tumbles into a good thing ; sometimes an Atlantic Cable company , sometimes an Indian pi luce to lead in the paths of virtue and peace. Of late his literary effoits have been sociammcd with mjstieism in consequence of his spit its having obtained the upper hand that ho has lost many of his admirers but ho has mndo great successes , notably in starting a small newspaper called the Owl , and in his novel Altiora Pete , in which two well-known New York ladles , ono now married to an Englishman , flguic promi nently. It is a pity the spirits have got such n tight hold , but nothing can take away OH- phant's great charms. No better leader could have been found for joung Singh , whoso father is in Kussia vow ing vengeance against England. Ills thicats awaken no tenors. The Singh's themselves caio nothing for him and ho can never wield the influence of his terrible father , the famous Lion of Lahore. A bombshell 1ms fallen in the Baptist com munity by the withdiawul of Mr. Spurgeon from their union. Spurgcon'sjdissatisfuction at the lay theology of many of bis brother ministcis has been no scciet. He holds fast to the rigid tenets of his church , deems any relaxation a wrong to the chinch and Chris tianity iiSCif. Gi ear euorts have been mnda to smooth his susceptibilities and quiet his scruples , hjit his conscience refused to bo silenced , hence his withdrawal from the Bap tist union. This will not in any way affect his position in his own church , whcio ho preaches such doctrines as ho pleases , un challenged. Ho expresses a dcsiie that the day may come when nil true Christians maybe bo united in ono community laigcr than any existing sect can provide for. This w ish meets with a simpathetle response fiom many outside of Spuigeon's church. Public approval follows his course , but whether It did or not would make no difference to Spur geon , who would go to the stake to mou ow for what he believes is right. It looks very much ns if Coquelin wcro not going to make a great hit in London. His talents are uppieciatcd , but the plays thus for produced don't strike the fancy of the English public. Moreover , the absence of an attractive leading lady , and the generally in different quality of the company , toll heavy against Coqucltn. In Don desar ho may excite greater interest , but at piescnt , the fact must bo i ecorded that the new season riench plays have not opened bo biilliuntly as was anticipated. Prince Krapotkino's Views. [ Cojii/i fy/it / JSS7 / / / James Coixlon llcnnett. ] Puns , ( via Havre ) , Oct. 27. [ Now York Herald Cable Special to thoBtt. ] Piinco Kiapotkino , the gieat nihilistic king , wioto n long letter from Harrows , England , to the editor of the Herald's European edition , mak ing a stiri ing appeal on behalf of the Chicago anarchists that makes a sensation in political circles. The Figaro , Intransigient ami the Cri du Peuplo all publish extracts from Prince Kropotkine's letter. The pi inco wntcg that the Chicago sentence indicates that the contest going on is to make an Ameiican revolution more acute and brutal than ever took place In Euiopo. The very first pages of its history open with an act of retaliation of the worst kind. Only thirst for retaliation and nothing else can explain , in fact , the Chicago sentence "I have carefully read the minutes of the tiia.1 and have weighed Indict ments of evidenco"sa\s the princo"nnd I do not hesitate to aft Inn that a parallel to the sen tence may bo found in Europe only in the re taliation sentence pronounced by the couit- martial after the defeat of the Pai is commune of 1871 , unless wo go so far back ns during the ten or of the restored Bourbons of 1815 , On this account I am fully In accordance with the Paris municipal und Seine general councils in the memoirs they addressed tc the American ambassador on behalf of the condemned Chicago anarchists. But the Chicago cage court had not even the excuse of the Versailles court-martial , namely , the excite mcnt of passion which follows a civil wai after a great national defeat. It Is obvious first , that seven men could not throw * one single bomb. It is evident , moreover , and 11 has been proved , that sevcial of them wen not picscnt at the Haj market meeting while others left before the police took te their infuriated charges. Moro thar that , a the state's counsel himself doei not maintain that any of the seven did throw the bomb. Ho accuses , of that act , somr other person who is not In court. Only Spies is accused of having given a match to lighl the fuse of the bomb , but the only man to give that testimony Is a certain Gllmer , whoso bae reputation for truth and veracity has beer sworn to by no less than ten persons , semi of them largo property holders who had llvce in the sumo liouso with him and who rccog nizod himself as having received money fron police. " The pi Ince thus concludes : "Aftoi the Haymnrkct conflict the legislative powon of Illinois have promulgated a law agalns keeping explosives nnd they are going ti promulgate another law , a conspiracy law According to this latter , any illegal act however done , for legal purposes will bo con sidercd as criminal. It means thus to tear t < pjcccs ono of the most fundamental article of the constitution and , inoi cover , any incite rnenttowaidsrcooitlng to an illegal coursi will bo considered as criminal and Breads reads- the future law. It' needs note to bo proved' ( hat , the person' guilt ; of such an net hnd read the papers or listened o the speeches which Incited to commit It. That means , of course , the eventual abolition of any liberty of speech and writing. Even ho French law requires direct connection ictwccn the Inciting in speech and writing or print nnd the net committed. But the new Illnots law docs not much Interest mo In tself and what I wish to point out s mcicly this ; "Tho seven Chicago cage anaichists have been condemned 0 death In accordance with that schema of nw which was not law In 1S7G and Is not law ct. The proposed law icsulted from the Chicago ti lal and this future law has been applied to the seven condemned anarchists. Believe me , sir , yours truly , KiurotMsn. October 21 , 18b7. Vandcrhllt Not Interested. [ Copyi ftf'itSST. / . by Jcinif * Ooitloii Ucmitff , ] LONDON , Oct. S7. [ New York Heuild Cable Special to the BEE. ] The reports ibout Mr. Vanderbllt being named president n the United States of the proposed Chinese- American bank wcro cabled this evening to the Paris papers from San Francisco. Upon nquiry of Mr. W. K.Vandeibllt , now staj Ing at the Hotel Bilstol , Paris , Mr. Vanderbllt said to your concspondcnt that he himself ind no interest whatever in the proposed bank and that ho thought that neither of his tnothcis had any. Police Fine Work. LONDON , Oct. 27. With lefeicnco to the statement of Commissioner Monroe , of the executive dcrartmcnt , nt the inquest over the body of Cohen , the alleged dynamiter , 1 cstcrday , that General Milieu , head of the Clan-na-Guel society , was in London during jubilee week , the police state thatMlllcn never set foot in England. A detective called on him at Boulogne befoio the jubilee cclcbiation and warned him that ho know of the plot ugalnst the queen. The police lolate Millen's movements in detail from that tlmo until the 2.'d of this month , when he took passage at Anistcidani with his wife and daughter on the steamer Edam for New Yoik. The police also have a i coord of the movements of Melville , the London agent of the society , until September 17. when ho sailed from Havre for Now York In company w ith a Miss Kennedy. It Is not know n w hat action the police will takelefniding wit nesses at the inquest , now * that Melville has lied. Joseph Nolan , M. P. . denies emphatically that ho has any knowledge of dynamiters. The inquest proceedings in the Cohen case , in his opinion , wcro designed to assist thu ncfaiious policy of the government. The Soliranju Opened. Soru , Oct. 27. Tlio Sobianjo opened to day. Piinco Feidinand , attended by civil nnd militniy ofllceis , drove to the chamber in stato. Ho was iccoUcd by the people with acclamation. In his addtess the piinco said the government wabwoiklng for the pros- nciity and gi eat ness of Bulguiia. They had the sympathy of the sultan and the sovereigns eigns of other great powers. Toueheff was elected president of the so- bianjo and Stcganoff and Slavkoff vice piesi- dents. War Imminent /nlulmid. . LONDON , Oct. 27. War is imminent in Zululand against annexation to Natal. Sir tVithur Havclock , governor of Natal , with 1,500 tioops drafted from the colony , has stalled for the territory foimerly possessed by CetcvfRJ o.w UeTc the latler's son , Dlnizulu , heads the i isliig. Hnrcourt Spruits : : liortsRiQUth. LONDON , Oct. 27. Sir William Vernon Harcourt , speaking nt Poitsmouth today , denied a possible shelving of the Irish ques tion , which came back always with renewed force. Coercion would not settle the ques tion. It was like the fabled hydra. When once the head was cut off another would grow in its place. niniit Convicted. DunuN , Oct 27. Wilfred Blunt , who was arrested at Woodford Sunday for speaking at a proclaimed meeting , was to day found guilty of violating the Irish Crimes act , and sentenced to two month's imprisonment. Notice of appeal from the verdict was given by the defendant's counsel. * Wady Haifa In lun cr. CAIP.O , Oct. 27. Wady Haifa is threatened by 2r , > 00 Soudanese. Reinforcements for Wady Haifa me leaving Assouan. A Pension Credit Adopted. PAWS , Oct. 27. The chamber of deputies has adopted the ci edit for the payment of life pensions to poisons wounded in the icvo- lution of lb-13. A Temperance Measure. VIPNNA , Oct. 27. The government has In troduced In the reicbsi nth n bill to icstiict excessive di inking throughout Austiia. Phi Gamma Delta. Bi OOMINOTON , 111. , Oct. 27. To daj 's ses sion of the national convention of the Phi Gamma Delta fraternity has been mostly ol a routine chat aetcr. The committee on per manent organization icpoited the following officers , who were declared elected : Presi dent , John A. Sterling , of this city ; vice president , L. A. Brewer , Cedar Kapids , la. ; secretary , J. C. Smsel , Granvillo. O. chain lain , J. U. Stevenson , Chicago ; doorkeeper , O. B. Welk , Giccncastle , Ind. Columbus , O. , was chosen as the next place of meeting and to-night a grand banquet is being gien , Meeting ol' the House or Bishops. PiiiLADFMriiA , Oct. 27. The house ol bishops of tfio Protestant Episcopal chuicli assembled to-day. The session was held witli closed dooi s. The principal business was the nomination of bishops for the two vacant missionary juiisdictions of Nevada nnd Utali nnd western To\as. Approval of the nom inations by n majority of the standing com mittees ot the several dioceses will bo ie- quired. Sharp's Appeal. AI.IUNV , N. Y. , Oct. 27. Argument in the Sharp case was begun In the court of appeal : this morning. Oial argument was limited tc two hours for each side , and Bourke Cochrar began his argument on behalf of Sharp. He asked for a new trial for the same reason' that a stay of judgment was asked fiom the general tcim , Nicoll will present the cast for the city. Steamship Arrivals. SoUTnAMi'TON , Oct. 27. [ Special Tclegn.n to the Bi.u. ] Arrived The Travc , fron Now York for Bremen. NEW YOIIK , Oct. 27. Ariived The Citj of Richmond , from Liverpool , and the State of Indiana , from Glasgow. Qe'FhusTOWN , Oct. 27. Arrived Tht Gci manic , from New York. Car Shops Sold. STJI.LWATEH , Minn. , Oct. 27. The sale o the Northwestern Manufacturing and Ca company came off this foicnoon at the cour house and resulted in the purchase of thi works by the Minnesota Thresher compau ; upon the Sabin pluco for * 1,105,000. Tin Porter pai ty , the only other bidder , di oppcc out after bidding f 1,103,000. The Basel-all Itrothcrhood. CINCINNATI , Oct.27. The national brother hood of baseball players is in secret scssloi hero to day , with delegate's from dlffcren baseball clubs in the National league uii | many others present. 1 , Sullivan Sails. BOSTON , Oct , 27. John I. . Sullivan , pugll 1st , and pavty aUed for Llveipool to-day. . HE REDUCED THE SURPLUS Successful Raid on the York Sub-Troasury. $10,000 TAKEN BY A CLERIC Particulars of the llotiurry nnd tUf { Subsequent Klluht to Canada The Money Tukcii la One hump. Moro r.fl'crtlvti Than Morrison. Nnw Youu , Oct. 27. [ Special Telogiam < the Bi p. ] The fact became known at u ) nt { hour last night that thu cashier of the snbj treasury hcie , Hentln Jackson , was n da faultcr and hud lied to Canada. The dial crcpancy in his accounts was llrst dhcovt ei ed on Satutday lust , when ho failed to up * pear nt his desk. A hasty examination bjj the tieasmcr. Canda , showed n defalcation ] of $10,000 and this so far seems the extent of ) the theft from the gov eminent. Jackson 1 a sou of the aged secretary of the Now York ] Tract society , w ho liv es at Kosovlllc , N. J > The son is tlilriy-sK jeais old and has twlca been mairled. Ho was mauled a secant ! tlmo some .veins to a daughter of Mr. LaScllq ; hi Mount Vernon. The relations of the two have iccently been veiy unpleasant and two weeks ago Mis. Jackson went homo to hen' ' father. It is believed that their family trou blcswcro the primary ciiuso of Jackson's flight and that betook the money in u lump. Ho has been a cleik in the sub treasury heio for j cars. It 1ms been many years certainly sine * there has been a dollar lost in the sub- treasuiy , either by caielessness or defalca tion , bcfoi o this occm i cneo. The clei ks are , for the most part , superior men , picked from the best banking Institutions , und they servo many jears , even a change of administration causing few changes. The sub-tieusury methods , moicover , mo such ustonmkeit.up * patently , veiy difficult to steal. No clcrta could , it was suppose-d , enter the vaults alone. Ho must have , according to the old iulest another e-lerk to accompany him. The combinations of the locks nro known only to two 01 thi co men , nnd the vaults have two locks which must bo opened by different eleiks Tlio books aio supposed to bo made up to the last cent evoiy night , mid thouifli millions ate ! deposited in the sub tiensmy ami many thousands paid out over its counter s ] every day , theio have been no losses fop manyjcais until the admiiiisti.itlon of Mrj Canda. [ Piess ] The amount that HemvM. Jack * hon.eashftr of thosub tre.isuiy in Wall tttioet , ' who It was asccitallied last night lied to Can-1 nda , took , is estimated at fiom $12,000 tor $ , ' 0,000 TioismcrCiindii does not helluva the amount will exceed $10000. The money was taken in a lump The defaulter isthii ty- six .vears old , and has been a clerk in tliu sub- ticasurv for cMis Sub-Ticasuier Canda now sa.vs the amount Jackson took with him was exactly $ IO,0KI ( Jncksnn took the money last Saturday , the day of his depaituic. Act hi ) ; on Horace Greeley's Atlvlce. Tonosro , Oct. 27. Hcmy M. Jackson , the defaulting paj ing teller of the United States Mibtrciisuiy at Now * Yoik , has been hero , but the police state that ho has | ; ono west. A BUI3AK FOlt IdKKItTY. Arizona Convicts Make an UIIRUCCCHH- ful Attempt to Escape. YIJMA , A. T. , Oct. 27. A desperate bieak for liberty was made at the penitentiary thin morning1. . * , s Superintendent Gales was ) passing tinough ITioribrtll SHlLvjjoit ho was seized by u convict and marched out , foiiuTTsd - by seven other convicts Ono of the convicts rushed into the oftlce , wrenched open n diawer und seemed a pistol. The superin tendent called to the gimids to shoot the con victs holding him. Higgs , a life convict , se emed the pistol from the cstiipiiiK convict iind killed the convii t who held and was stub bing the supciintendcnt. Two pusoners wcra killed , one mot tally and two seiiously wounded. The supeiinterulent was bidly wounded. There weie no escapes. A Ciookvd Son of a Kin ; ; . BOSTON , Oct. 27. [ Special Telegiam to the BIB. ] It Is now asseited that Dr. Amliow Giant , bigamist and confidence man , who died in jail while awaiting tiial for swindling Miss Lucv Towcy , of C'ambiidgc , whom ho had man led , was none other than Dr. Cou- ley , who took an active pait in the Fenian laid on Canadaabout twenty je.us ago. Mis. A. K. Coio , of No. 42(1 ( Saiatoga sheet , East Boston , claims to know Di. Giant and his history pretty thoroughly. She sais that her brother , Dr. M < Slieeliy , of East Boston , foi mod Dr. Giant's acquaintance while tiav * cling in Franco in 1852. Dr. Giant claimed that ho was an illegitimate son of Vic-tor Emanuel , king of Italy , and was exiled foi ? conspiring against the tin ono. As Dr. Con- ley ho was well known in this vicinity. Ho has been identified from his phole > giapli by seveial Boston nnd Cambuclgo people as Dr. Conloy , of the Fenian uml , and Dr. Conloy who kept a drug stoic In Cambildgo. Aceor * eling to his story ho was born in Austria , but was the son ol Victor Emanuel and Arebj Duchess Adulnoid of Austiia. Ho was boin in 1M2 , two months befoio Victor Emunuct and the ureh duchess weio united In mar- iiago. Victor Emanuel was at that time | king of Saullniii. ICailroad Itriikeinen Klcct Office * H Q | BiNT.il VMTOX , N Y. , Oct.27. Tlioinlcino * tional convention of the Biotlu ihood of KulU road BiaUcmen le-clcetcd Giand Masters. E. Wilkinson , of Peoi la , III. , uml elected W. G. Edcns , of nueyiiis. O. , vice Kunul master , and L C Foster of Ithaca , N Y. , giand or * ganger. Giaml Secretaiy and Ticasuier E. .1 F. Oshea , of Gulcsbmg , 111 , will hold oven till the next convention , The Case Against ( loiild and Sage. Ni\v YOIIK , Oct. 27 Distiict Attoi noy Maitino to day picHentcd to the giand jury the papci s in the ci imimtl case foi gi and lar * ceny against Kussell Sago and .lay Genii ) brous'nt by the bondholder of the Kansas Paciliocompany. Tlio giand Jury icturnccl the documents to the district attoi noy lot ia vcstigation. SufTouiitcd by Co ill Gas. NOIITII ADAMS , Mass. , Oet 27. Mary Hogan , daughter of Michael Hogan , was found dead this moinlng in her loom , suffo cated from coal gas from a stove. Another daughtoi , younger , will not suivlve. Melhodiht Women Missionaries. SMIACUHE , N. Y. , Oct. 27. The sixth an * nual conference of the Women's Homo Mls sionary society of the Methodist Episcopal chuich , opened In this city to day. Mis. It. B. Ha } cs presided. Yifiiiulno'b | Appointment. WASIIINOION , Oct. 27. The prosldcnt tcW day apjKilntcd Victor Vlfquulne , of Ne biasku , to' bo United Status consul a | Colon , leuubllo of Colombia Tiouble.i , i , Pa , , Oct. 27. Israel P. Mayer , n prominent bulkier of this city , mudo an atw slgnmcnt. Liabilities will probably exceed { 75.000. Assets c'onslst of city prcputv. CHICAGO , Oct. 27. The .Inmos L. Hegan Printing company failed to day with HubilU tics amounting to over f 125,000. The uesota will exceed the liabilities. _ In Memory of WitHhburne. Wvi ! ! * < e.roN , Oct. 27. The department ot ( -late win closed to duV as a inaikof resi/ect to the memory'of tbo lute I * . Ii. WaU < liujno , . . . .