THE OMAHA DAILY BEE. ESTABLISHED JUXJ3 19 , 1871. OMAHA , SATURDAY MOItNXN'G , .JANUARY 28 , 1895) ) TWELVE PAGES. COPY FIVE CENTS. Agoncillo , Filipino Agent , Denies Dispatches Have Been Intercepted , I NEVER FORWARDED ANY SUCH MESSAGES I States that His People Will Not Fight the Americans Unless Driven to It ( I _ [ ADVISES HIS GOVERNMENT TO BE FRIENDLY of Junta Saya Warlike Stories at Manila Are Unfounded , fFHILIPPlNE CAUSE MAY BE PREJUDICED 1 Jinn Advlned AKiilnnldn to Do Kvery- thlnn I'oNAlhle to Prevent n Itnp- turc ivlth the Dulled Ntiiten Icredltn | IlonK Knnire vn. 1 WASHINGTON , Jan. 27. Agonclllo , the j tcpresentatlvo of Agulnald'o , authorized the following statement today concerning n re port that the government had Intercepted dispatches from him to Agulnaldo In which lie advised that the Filipinos would have to flght for their Independence and that now iwas the tine to act : "The statement Is absolutely false ftud Is calculated to excite feeling nnd animosity In this country and to jircjudlce the Philippine cause. No such telegram has ever been sent by'mo and for that reason no such telegram could have tern Intercepted. "The falsity of the statement Is shown by the fact that I have cabled my government < o continue the same friendship which WAS ( born nn the battlefield against Spuln. "The Philippine people have no wish nnd no purpose to fight asalnst the Americana unless they are driven to It. Their only desire Is to strengthen the bondn MOW existing. " Other members of the Filipino Junta who were present when Agonclllo made his state- or.ent concurred In and emphasized his decla ration that all his remarks hail been toward nn avoidance of a rupture. In other quar ters It was stated that Agonclllo had rent dispatches from time to time , three rather long ones going within the last few dnys. According to the Filipinos , nothing that has been sent advlxe fighting , but everything lias counseled continued friendship. Under such circumstances the members of the Junta assert that any Incrimi nating dispatch which has come to the hands of tbo government is a forgery If It ascribes to Agonclllo any advice to Agulnaldo to begin fighting. Beyond denying this report , Agonctllo said lie had nothing to make public as to com munications to or from Agulnaldo. He ex pressed the positive opinion , however , that .the cable report that the Filipino congress ] iad authorized a declaration of war was not correct , as he said the Filipino peopl do not want a contllct 'with the Americans and will do everything to nvold It. Htiitr Jlfiiurtnirnt OfllclaluMute. . The olllcials * of the State jepattment ore tnute respecting the treatment to be ac corded Agonclllo , the representative here of ' .Agutnalrto , although It le known he has been under tfurvelllancc since his arrival In this city and that It was learned that ho was In correspondence over the cables with his chief , generally through some of the Philip pine Juntas In Hong Kong , London or Paris , but whether any telegram has been actually Intercepted cannot bo learned. There was good ground also for the belief that Agonclllo was receiving advices from certain persons Inimical to the policy the president has adopted for the treatment of the Philippine question at this stage. This has been tolerated reluctantly by the administra tion , rather than to make nn open Iwue of ! , what Is still a case possible of adjustment. Tie publication two days ago of what proved to be a very good abstract , with exact quotations , of the letter left the day preceding the publication by Agonclllo's sec retary at the State department , likewise was resented as a notable breach of official decorum. The first Inclination of the officials , after this publication , w\is to get rid of Agonclllo , but officials were loath o take any action In advance of the senate passing upon the pending peace treaty , especially as action might involve passing upon certain legal and diplomatic points In volved as to which It is desired not to establish u precedent at this time. Administration officials believe the general tenor of the advices Agonclllo has sent his principals has been In line ot admonition to hold off from tlio acceptance of any terms from General Otis , In view ot the prospect that the peace treaty might fall In the United State * senate. The situation at Manila Is regarded as critical , of course , but the offi cials see no reason why they cannot com mand It for a time at least. General Otis represented yesterday , In connection with some matters connected with the shipment home of some sick Spanish soldiers , that he could hold out beyond a doubt until bis rein forcements arrived and added that as the IIOWH had reached Manila there was every prospect that the peace treaty would be soon ratified by the United States senate , the effect on the native element had been satis factory. General Otis was given permission to load some of these sick Spanish soldiers upon two Spanish itcamers now at Manila or just due , leaving the terms to be paid tote to settled upon the basis of the contract price to be paid by the War department to the steamship line that secures the contract next week for the transportation home ot all the Spanish polJIers In the Philippines. SENATE GETS TREATY MONDAY Mr. Frye of the I'nrln Communion I * Croci-Bxamlned by Amoelntei lu Kxecntlve Se lon. WASHINGTON , Jan. 27. The senate con tlnucil the consideration of the peace treaty In executive session today , the doors being closed for almost three hours. Senator Frye , a member ot the Paris peace commlMlon and , naturally , n strong friend ot the treaty , held the attention ot the senate during the greater part of this time. Conitructlvely he occupied the floor during the entire aeaslon , but he WHS fre quently Interrupted by other senators. Most of these Interruptions came In the way of question * , but some ot them took the form of peechra. This was notably the case with Senator Berry's Interruption * . He spoke for some time and In doing go denounced the treaty in severe terms. Senators Mason and Caffery aikcd many queatloni. Senator Frye devoted hlmielf largely to an explanation of thn proceedings of the com mission , reading liberally from the record as already printed , but ( topping as he pro ceeded to explain the ijuotitlons which he bad made. He had cot proceeded a great nay In h ! exposition of the rubject when lie was suked If the prenldent had no originally Instructed the coaimlisloa to in sist only on securing a coating station tn the Philippine group. To this Mr. Frye replied that he did not feel at liberty to give his Interpretation or the president's Instruction * , but It was not noctesjry that he should do so. as th ? president had determined to comply with the senate's reauot for the documents oti file , and Mr. Frye laid he felt Justified In assuring the senate that the papers would be received not later than Monday , Mr. Frye devoted the principal part of his speech , outside of the rending of the report , to an explanation why the Philip- plnpg were Included In the censlon to the United States. He < iz asked the question why those Islands were not placed In the same class as Cuba , the sovereignty over this Island being merely relinquished , while In the case of the Philippines It had been tnailo over to the United States , Ho re plied that the difference was made because In the case of Cuba the commission was act- lug under Instructions from congress. He was reminded thnt the Filipinos professed to be fighting for freedom Just as the Cu bans were and that they were still con tending for their own Independence. One senator reminded him of the representa tions of Agutnaldo'g American agent , Agon clllo , and asked If he meant to force the Philippine people to actual hostilities , to which Mr , Fryo retorted thzt It was the opposition that was forcing a continuance of the state of war and which would be responsible for hostilities If they should occur. As to himself , however , ho did not know the Filipinos In the transaction. The treaty , ho said , should have been rat ified ten days ago and If It hail been all danger of war with < the 1'hillpplnc Islands would have been averted. Senator Mason put the Question whether the commissioners did not know when they made the treaty and whether ho dU not know now that the natives of those Islands were then as now demanding their Independence. In response Mr. Frye repeated that the commission had dealt with Spain regardins the Filipinos 33 subjects of that country. Spain had lost in the contllM of war and hence the United States had a rcrfect right , according to the law of nations , to acquire any part of Its possessions or people In ad justing the balances after the war was over. Senator Berry , In his speech , declared that the acquisition of the Islands was merely a speculative scheme , containing more of the element of the land-grabber than of patriotism or philanthiopy. GEN , LUDLOW'S STATEMENT InfiiriiiN Wnr Inquiry llonrd of Illx Surprise nl HeinarkH Mudc by ( icnernl .Mile * . WASHINGTON , Jan. 27. The War In- vextlgatliiK commission today received and gave out an affidavit from General Ludlow , military governor of Havana , which the gen eral had forwarded In lieu of personally appearing In Washington. The typewritten statement was principally n answer to the statement of General Miles before the commission In reference o the lack of preparation made by the en gineer corps , of which General Ludlow had > cen the chief officer In the field. General Ludlow says : "If newspaper clippings sent to mo by friends Indicate cor rectly the nature of General Miles' state ments and of the responsibility therein nado to attach to me for any shortcomings hat may be supposed to have existed In onnectlon with the ymbirkpUon and dlscn- mrkatlon of the Santiago expedition , I beg cave , disclaiming all Intention of dlsre- pect , to express .surprise at the statements made. General Ludlow then explained that his Irst orders were to prepare an expedition to and at Muriel , on the north Cuban coast , to operate against Havana. Concerning Gen- ral Miles' Instructions General Ludlow then goes on to say : "I was merely ordered In writing to proceed to Tampa , accompany General Shatter's expedition and render him all the aid In my power. This was the only 'ormal ' order I had from General Miles or from any one else. " General Ludlow explained that on arriving Tampa ho found General Shatter had turned over the whole matter of transporta tion nnd disembarkation to Colonel Hum phrey of the quartermaster's department , and General Ludlow thereupon confined himself to studying the problems of defense and roads around Santiago. He did , however , buy two large deck scows nt Tampa , one of which was lost en route and the other did Invaluable service at Slboney. Ho also tried to get steam launches to aM In the landing , but It was Impossible and he figured that with the assistance of the navy's boats nil the force could bo landed In one day. There were ordeft and countermanding or ders t Tampa , General Ludlow explained , and he did not know till just prior to the sailing of the Shatter expedition whether ho was to go with It or to Porto Rico. At the last moment he received a formal letter from General Mllei announcing that he ( Ludlow ) was charged with the full respon sibility of the Shatter expedition's trans portation and disembarkation and that he was "unrestricted In bis orders and ex penditures , " and would be held to account for the success or failure of the expedition In these respects. General Ludlow there upon formally disclaimed this full measure of responsibility , expressing his opinion , however , that the preparations were ade quate. General Ludlow Incorporated In his state ment a report of a rather warm controversy he had with General Miles at the army headquarters In Washington after the re turn from Montauk , In which General Mile i had said that General Ludlow's "fighting at Santiago was good , but hie engineering was very bad. " General Ludlow said that ho refuted this statement at the time , pointing out that he had done all the engineering work that the time and circumstance * permitted ; that the Santiago expedition was not an engi neering campaign , but a race between the physical endurance ot the army and the Cuban malaria , and that "If the army had " stopped to build railroads and bridges It would have been on Its back befor * the surrender , Instead ot after. " In conclusion General Ludlow requested that the commission should give hln state ment as much publicity as the statement ot General Miles. PamieM 54H Private Pension I1IIU. WASHINGTON. Jan. 27. After 549 pen- slon bills had be n passed tonight Mr. Ray , republican of New York , made the point of no quorum to prevent final action on a bill to pension Latltta Tyler Sample , a daughter of ex-President Tyler , at the rate of { 50 per month. The senate passed a bill to pension her at the rate of { 50. The house bill was for 120. but when tlie bouse tonight , restored It to 150 against the com mittee recommendation Mr. Ray prevented final action by ralalnc the point of no quo rum. The beneficiary of one ot the bills passed tonight was over 100 years old. Peimlon Widow of fi > orue ; Kill * . WASHINGTON , Jan. 27. The Pension bureau granted a pension of $12 a month to the widow of Chief Yeoman George EIIK the only man In our navy killed at Santiago In the annihilation of the Cerveru fleet. Ellli was on the Brooklyn and was exposed ' on the open deck , ascertaining the range of the enemy , when his head was blown off with a shell. He came from Pcorla. 111. END OF THE COURT-MARTIAL Tribunal Galled to Try General Eagan Com pletes Its Work. FINDINGS OF THE COURT MADE QUICKLY Humor from WnhlitKlon Hint ICnKiin U to He Il nipmed | from the Serv ice of the United SMnten Wllha out Clemency. CIH7AOO. Jan. 27. A special to the Times-Herald from Washington says : Dismissal from the military service of the United States without any recommenda tion for clemency la the verdict passed by the court-martial upon Commissary General Eagan for hie recent virulent attack upon Major General Miles. The verdict was reacheft within forty-five minutes after the trial ended today. Notwithstanding the nature of the court's conclusion the president can exercise clem ency If he so desires and General Eagan's frlemlfi will urge that his punishment 5 confined to relieving him from the duties of commissary general of subsistence and to a detail to garrison duty. fume IM L'lONCMl. WASHINGTON. Jan. 27. The case of Commissary General Charles I' . Eaguu , charged with conduct unbt'comlng an ofit.cer and a gentleman and with conduct tending to I the prejudice of good order and military dlsclpllne , is now in the bands of the court- martial appointed to try him. Today the taking of testimony was closed and argu ments of counsel submitted. The trial has lasted three days and consumed less than eight hours of actual sitting. A session behind closed doors of an hour or so sufficed for the court to reach a con clusion and embody It In a report. What the I verdict was Is altogether a matter of speculation i and , officially at least , will not be 1 made public by the trial board , military j regulations i requiring that Its finding shall go through prescribed channels and be kept secret until action bo had and promulgated by the proper reviewing authorities. The testimony at the closing session of the court was directed largely to establishing the fact that the general had lost his mental balance as a result of the charges made against him by General Miles. His daughter and her hushaml told of the gencral'B changed condition and Intimated that they had great fears that he might at any time kill his accuser. Mr. McKce , a life-long friend , stated that at that time he believed htm actually Insane. The facts In this connection were brought out strongly by Mr.Worthlngton 1n hi * efforts . to show that Mr. Eagan at times was wholly j Irresponsible. A dramatic Incident of the rial today was the testimony of the gen eral's daughter. In which she described her ather's appearance on the day he first read Ganeral Miles' statement. Standing In the door of his house with the newspaper con- alnlng the evidence in his hand , he had ex claimed wildly : "I have been crucified by General Miles ! " Count U All Attention. TliMUshoui'ttie ttuee &Vi of ! , lrJ lft ' members of the court sat In their places and attentively listened to every word of the testimony. Only on two or three occasions did they ask the witness any questions and then an answer ot "Yes , sir. " or "No , sir , " sufficed. Immediately upon the case being closed the room was ordered cleared and the court ivent Into executive session to deliberate upon Its findings. The first witness today was David R. McKee of this city , for many years the agent ot the Associated Press. He had known General Eagan for about forty-five years. They were Intimate friends OK boys and young men and the friendship never had been Interrupted , although they had at times not seen each other for long Intervals. During the period between the time General Miles gave his testimony before the War In vestigating commission and the day on which General Eagan made his statement the wit ness saw him two or three times. He then seemed careworn anil much preoccupied. 'What Impression did the language he used make upon you ? " 'I was shocked , grieved , astonished and alarmed. Alarmed because It seemed 'to ' me from my long acquaintance with him , my knowledge of his character , my knowledge that ho was always courteous and scrupul ously correct In his language , he had lost hlB mind. My Impression was one of abso lute fear and belief that under some ex traordinary strain he had become Insane , his remarks were so utterly at variance with his usual language. In the forty-five years I have known him I had never heard him use a coarse word or vulgar epithet. " "Did you see General Eagan after he had made this statement ! " "Yes. sir. " "What took place then ? " The prosecution offered no objection and the witness proceeded : "I expressed to General Eagan my pro found regret that he had given utterance to such language. I epoke to him In a re- proachful manner for not speaking to me about the matter before he testified and giv ing mo the opportunity for blue penciling his statement. General Eagan replied , In substance , that h wished he had felt at liberty to consult me. He felt that he was restrained from doing BO , however , on ac count of the friendly relations existing- - tween myself and General Miles and the lat- tor's family. General Eagan said he felt it might impair our relations. " Immunity for Wltite e . Major S. C. Mllfs. the recorder of the War Investigating commission , was recalled and In answer to Inquiries said that so far as he knew the order of the president granting Immunity to witnesses before that body had not been reduced to writing. At this point the Judge advocate read the president's ad dress on the assembling of the War Investi gating commission , which , however , was un signed , and the witness was asked whether any other Instructions bad been given. He replied that there had not. The witness was present at the meeting between the president and the members of the War In vestigating commission. The witness said : "The matter of Immunity for witnesses came up I think It was called up by Mr. Dodge and the president said that the witnesses who should appear before the commission could do so without any fear of punishment and persecution. " R. A. Alger , the secretary of war , was next called to the stand. Ho said that be re called a conversation ho had had with Gen eral Eagan shortly after General Miles had given liU testimony. General Eagan came Into his office In an excited state of mind and said It was hU wish to prefer charges against General Miles for what he had eald. "I told him , " testified Secretary Alger. "that under the president's order granting Im- munlty to officers who testified before the commission lie could not do so. " "Mr. Secretary , did you receive any In- ( Continued on Fourth Page. ) TERRIBLE FATE OF SAILORS Knit Into llnndfl of Cnnnlbnln nnd Alt hut One Killed nnd llntcn hy Them , VANCOUVER. II. C. . Jan. 27. After escap ing death by drowning eleven of the crow of the ship Manbar were captured and were enten by cannibals of New Guinea. The Manbar w-a bound for Sydney. Australia , when it was caught lu the terrible gale o ! December. Near Cape Nelfon It began to sink. The crew , eighteen 11 told , left the vessel In two beats and soon became sepa rated. The boat containing twelve men was finally thrown ashore tun miles from the cape. The sailors were seized by natives from the Interior and hurried off to the village ot the chief. One mnn , James Greene , escaped. The sailors were stripped , bound and killed , one each day. A wild orgle WHS participated in by at least 100 savages who had gathered for the feast. In several cases the sailors were tortured by the old women ' and children of the trlb . The eyes of one were gouged out. The doomed men stolcnlly watched the elaborate preparations for their death. A huge pot filled pith boiling water was used for the feast , which on the fir t day was prolonged away Into the night. In most rases the men were beheaded , their heads being stuck on poles and paraded be fore the men who were to suffer the same fate. Greene was rescued by n steamer after being h without food a day and a night to reach the i-oast. The scenes of horror ho had witnessed turned his hair snowy white. K.MI'KHOIt AVII.LIA.irS HIHTIIDAV. t'clehrntlon Thro null out ( ierninny .More Genera ! Tlinii for Yenr * . BERLIN , Jan. 27. The anniversary ot Emperor William's birthday was marked with "kaiser's weather" sunny , but cold. The city was thronged and wherever the members of the tmperla ) family showed themselves on the streets they received ova tions. At the court reception Mr. White , the United States ambassador , tendered his con- gratulatlonn nnd was most cordially re ceived. Emperor William shaking hip hand warmly. The celebration throughout Germany was more general than for several years. Tlie Prussian minister at Munich , Count von Monts , gave a banquet nnd the public schools of the city ihad special exercises. Emperor William presented each pupil In the ricrlln public schools with a book de scriptive of Germany's naval progress. All the public departments Joined In the festiv ities , the city hall and the municipal build ings generally being decorated with flags. The banquet given by the Reichstag and Prussian Diet was attended by all the mem bers of both bodies except the socialists. The illuminations Bhls evening were very bril liant. Emperor William has Issued nn order directing that with a view to reviving the names and traditions of the old Hessian and Nassau regiments the new regiments formed subseauent to 18S6 shall be considered con tinuations of the old. Prince Herbert Bismarck has been promoted meted to the rank of a major general. Herr Burknerr of the Russian Diet , who re cently gave the emperor a beautiful villa and farm land called Cadlne , near Elberg , has been appointed a member of the Hcrren- haus ( House of inent of the Danish government at the recent expulsion of Dane * from the northern provinces of Prussia that the Danish ships at Kiel and other ports throughout Germany omitted flag displays. The birthday honors Include Duke Albrecht - brecht of Wurtemberg , order of the Black Eagle ; Baron von Koollcr , grand cross of the Red Eagle ; Prince Fuerstenberg-Donaushlt- gen. Red Eagle ; queens of Saxony and Wurtemberg , and Prince Hoheulohe , Red Cross medals. At Kiao-Chau the emperor's birthday was celebrated by a grand tattoo , parades , salutes and banquets. In the evening the town and fort were illuminated. HItS. IIB.VRY SUKS FOR DAMAGES. Hearing of Cane the Oeeimloii for an Aiitl-Ure > Demount rut Ion. PARIS , Jan. 27. The trial of the action brought by Mme. Henry , widow of Lieuten ant Colonel Henry , who committed suicide In prison here after confessing to having forged one of the documents In the Dreyfus case , against M. Joseph Relnach , a member of the Chamber of Deputies and editor of the Republlque FruncaUe , for libeling the deceased in declaring him it traitor , opened In the assizes court today. Mme. Henry , who was dressed in deep mourning , was present. There was great animation in the lobbies of the Palace of Justice , but the neighborhood of the palace was quiet until 2 o'clock , when a mob , beaded by a cripple known as "Llbertad , " who was on crutches and bad naked feet in spite of the cold , and a band of anti- Semites led by M. Guerln , president of the Autl-Semlta league , entered the Palace . Dauphlne , at the back of the Palace of Justice , and began t hooting. The police cleared the square and placed a cordon 1 around It. The crowd cheered for the army and shouted "Death to the Jews. " M. Laborle , counsel for M. Reinach , asked the court to postpone the trial until the Dreyfus Inquiry was terminated. He declared the suit was merely the work of a political party reduced to the last extremity and that It was merely a desperate attempt to In fluence tlie verdict of the court of cassation In Its revision of the Dreyfus trial. The court rejected Laborle's motion , whereupon he lodged an appeal to the court of cassa tion. Subsequently the court decided to ad journ proceedings until the court of cassa tion passed upon M. Laborlc's appeal. After the anti-Semite mobs had been driven from In front of the courts they formed in the Place Du Chatlct howling , "Spit on the Jews , " and cheering for the array. A fight followed during which several persons were Injured and the rioters were aealn scattered. M. Marcel-Habart , member of the Chamber of Deoutles. a friend of the late General 1 Boulanger , was prominent among the con testanti. DEPUTIES FIUHT IIA.VU TO IIA.VU. Ilaclal Difference * 1'rovoKe a How a nil SluKKlni ; In General. VIENNA , Jan. 27. In the lower house of the Austrian Relchsrath today a disturb ance arising out of racial differences led tea a hand-'to-band ' fight between deputies. The ushers finally succeeded In separating tne combatants , but the sitting came to a close amid great disturbance. The row began between the German dep uty , Wolff , who rushed to the reporters gallery with a view of expelling a czech Journalist who had applauded a czech deputy. Wolff boxed the reporter's ears and tried to draw him out. Deputies rushed Into the galleries and a disgraceful fight ensued , many showing the effect In black eyes , bleeding noses and torn clothing. Finally the Germans were ejected from the gallery. Meantime owing to the noisy demonstrations of the public the public galleries bad to be cleared. Colonel .Sexton'a ConilllIon Illr Snllie. WASHINGTON , Jan. 27. The condition 01 Colonel Janus A. Sexton ubows no inaterla u change today. Money TTssd Freely for Bribery in California Senatorship Contest. U. S. GRANT , JR. , FIGURES IN SCANDAL InventlKntlnir Committee nt Suernmento Mnkm Itx Heport nnd SiMcrely Cenmiren S SACRAMENTO. Cal. . Jan. 27. The special committee appointed to Investigate Into scandals connected with the election of United States senator filed Its report today. The committee finds that Howard E. Wright , speake'r of the assembly , received from U. S , Grant , jr. , through his political manager' , Milton J. Green , (900 as a gift and $7f > 0 as a loan ; that Wright , prior to his election , deceived John D. Sprcckels and \V. S. I eakc to secure their support for tbo ppcakershlp , stating that he was unpledged to any senatorial candidate ; that by promis ing to vote for Robert N. Uulla for United States senator he secured Oulla's support for I the ' sppakershlp ; that by the acceptance of j ! ! ' Grant's ( money and by the solicitation of j j Daniel M. Hums' Influence to secure his i' \ election as speaker , Wright led each of those candidates ' for United States senator to expect - pect 1 his vote. ' The report further states that Milton J. Green , the duly appointed and accredited agent of U. S. Grant , Jr. , expended large sums of money , exceeding In the aggregate I J20.000 , but the exact sum of which to the I committee Is unknown to secure the elec tion of n republican legislature. The committee flndu that I ) . M. Burns , Robert N. Bulla , W. H. L. Barnes and tae other senatorial candidates , except Grant , expended no money and promliicd no patron age to promote their respective candidacies. Should Hi- Severely 1'unlxlifil. The committee of Investigation recom- mendg : "First , that the conduct of Howard K. Wright , speaker of the assembly , as above set forth , be held to be reprehensible In an extreme degree , and that 110 mere cen sure on the part of the assembly can meet the requirements of justice , but the mat- .tcr of adequate punWiment be left entirely In the assembly , without recommendation rom the committee. "Second , that the expenditure of large lums of money In aid of the candidacy of a United States senator In the manner above et'forth Is wrong and reprehensible. In that t Is calculated to corrupt morals , to do- > auch the political system , to deter poor uen of ability from entering upon a senu- orlal campaign and to give to the rich an inwarrunted nnd unjustifiable advantage over men of equal ability and qualifications , but of limited means. "That the receiving of money by leglsla- Ivo candidates from probable senatorial can- lldatcs , either directly or indirectly , In aid of their own candidacy is reprehensible for tie Fame reasons. " The vote of United States senator today resulted similarly to that of yesterday. The effect , of the committee's , report Is variously estimated. Some think It will 'tend to break ip Grant'sforres ; , while Grant's friends tn- * r t { b t it ilP'oiuY'binuViii together closer than ever before. HAM.OTIXG AWAY FOR SKXATOIltf. .Xn Slum * of nn Election In I CIIIIN - | - viiiiln nnd Drlnwnrc. HARRISBURO. Pa. , Jan. 27. Senator Quay gained a vote today by 11m absence , without a pair , of Senator Hlgglns ot Schuylklll , democrat , who Is til with pneu monia at the Harrlsburg hospital. Repre sentative Carroll of Beaver was present and voted for Senator Quay. Mr. Hlgglns was the only absentee without a pair. No par son paving received a majority of all the votes cast , Lieutenant Governor Gobln an nounced that there was no election and the convention adjourned. The only change In the vote was one from Wldener to Irving. HELENA. Mont. , Jan. 27. Senatorial vote : Clark , -10 ; Conrad , 29 ; MaglnnLs , 6 ; Fox , 3 ; Leonard , republican , 16. In the senate Oelger occupied the seat from which Whtteslde was ousted yesterday , and In joint session voted with republicans. OLYMPIA , Wash. , Jan. 27. Two ballots were taken today , the second resulting : Foster , 27 ; Wilson , 26 ; Humes , 20 ; Ankeny , 10 ; Lewis , 24 ; Bridges , 1. SACRAMENTO , Cal. , Jan. 27. On the thirty-second ballot for senator there was no change. SALT LAKE. Utah , Jan. 27. The legis lature took three votes today and adjourned until noon tomorrow. The only change was one vote from Nebeker to McCune. The last ballot stood : King ( dem , ) , 14 ; McCune ( dem. ) , 27 ; J. E. Bagley ( rep. ) , 13 ; Howells ( rep. ) , 1 ; absent , 1 ; Cannon , 7 , DOVER , Del. , Jan. 27. The nineteenth ballot for United States senator resulted as follows : Gray , H ; Addlcks , 15 ; Dupont , 10 ; Chandler , 2 ; Spruance , 1 ; Handy. 5. MADISON , Wls. , Jan. 27. There was only three changes In the vote for United States senator In the joint convention of the legis lature today , all from Stephenson to Cook. This made the result : Quarlee , 42 ; Ste phenson , 22 ; Babcock , 16 ; Cook , 20 ; Webb , 10 ; Ryan ( democrat ) , 16. Officer * for Monetary I.enKiio. DENVER. Jan. 27. The United States Monetary league , organized to promote the cause of bimetallism , has elected the follow ing officers : President , William N. Byers ; vice presidents , William Knapp , Alva Adams , W. W. Dale , A. D. Robinson , W. T. Cornwall , T. S. Mc.Miirray , Mrs. Ellen E. Matteson and Mrs. Elmtra Hudson ; secre tary ; II. E. Roser ; treasurer , Frank Hall. GRADUATES OF ANNAPOLIS Piiul n. I ) u n Kim \elirnnkn nnd Illehiird I ) . White In the Flrnt flu KM. ANNAPOLIS. Mil. . Jan. 27. The following Is the standing of the first ten of the class who will be graduated from Hie Naval acad emy tomorrow : Line Division One , Herbert O. Sparrow , Ohio ; two , Allen Buchanan , Indiana ; three , Edward B. Fenncr , New York ; four , J. E. Bailey , Michigan ; five. Richard D. White. Missouri ; six , Henry M. Glroson , Kansas ; seven , Ernest E. Welschert. Connecticut ; eight , W. C. Wood. Georgia ; nine , Victor A. Kimberly , Massachusetts ; ten , Paul B. Dungan , Nebraska. Engineer Division One , Guy A. BUsot , Kentucky ; two , John T. Beckner , Kentucky ; three , E. J. Sadler ; four. William S. Mil ler , Texas ; five , Herbert H. Evans , Mlsjls- slppl ; six. Farmer Morrison , Arkanws ; seven , James R. Coonis , Illinois ; elstit , Fred J. Home. Jr. , New York ; nine. R. B. VIn- cent , Pennsylvania ; ten , Charles B , Hatch , jr. , Virginia ; eleven , S. Maddlson , Illinois. Sparrow , Buchanan and Fenncr are the "star" men of the line and BUset of the engineer division. The diplomas will be delivered In the chapel tomorrow at 11:45 a. m. Admiral Kimberly Is expected to present them. Orderi have been received detachlnc the t CONDITION OF THE WEATHER Koreciwt 'or Nebraska Threatening. Variable Winds , Temperature nt ( Imnhn ye terdnyi Hour. Urn , Hour. UPK. . * > n. in - I it. in IN II n. in I ) ' - | i. in -H 7 n. in I ! l | i. m - - S , 111 1 ! -I | i , in. . . . . . . -4 II n. HI it . " > p. ni 'M 1(1 ( n. til. 1 II p. HI -4 I I n. in : i 7 p. 111 -t 2 in * H n. 111 lit I ) p. in S Hcloiv Zero. graduates from the Naval academy and tak ing them In sea on various ships. FEDERAL JUDICIARY'S FAULTS .limtl < * t * . \ llii of ICnnnni SunrcnH- Court Wiir Hiiirein - Court HUM lliTOiup Arlntncrntlr. TOPEKA. Kan. . Jan. 27. S. H. Allen , ex- associate justice of the Kaunas supreme court , who Is president of the State Bar association , In hit ) annual uddreri before that body today spoke of the "federal Judiciary. " HP criticised the system which Installs federal Judges In office for life , and urged that t they should be elected by the people for f tcrmrt of six years. Having poclnl posi tion justices of the federal courts , lu > said , naturally fell Into the association of the wealthy , receiving delicately tendered cour tesies t from men of great wealth and than * who manage vast corporation Interests and SB' a result the federal supreme court had gradually been converted from a democratic to an aristocratic body. He quoted the Orel Scott j decision , the decision In the Inter state commerce untcs. the Income tax deci sion , the Debs decision , and the Nebraska freight rate derision a * evidences of this tendency. THROWS CASE OUT OF COURT Suit Illfttltiiled AK'lliiHt Comptroller DnitcN nnd A'uxoeiiuen U With out Merit. MEMPHIS. Tenn. . Jan. 27. A few days ago a bill was filed In chancery against Charles G. Dawrs , comptroller of the cur rency. and Chirles Harry Armstrong , cashier of the Continental National bank of this city. The eround ot the suit was a disputed ownership of five shares of stock , the same being claimed by three persons. Sensational allegations were made against the comp troller and Cashier Armstrong. Today , after reviewing the bill , Chancellor Thornton from the bench Issued an order that the records of the court be purged of the bill , that It be thrown out of court , because It con tained matter that was "scandalous and Impertinent. " The bill , therefore. Is not now on the records of any court. It was charged that one of the purposes of filing was to secure for it newspaper publicity. WRECKED ON NORWALK ROCK Five I'ornonx Lone Their Liven In till Accident In Louie Inland Sound. ibk-d-by-in AccitlcM „ ov _ . during a trip up the sound last night the canal boat J. C. Austin of New York ran on the rocks off Norwalk early today and sank. Accompanying It was the consort David B. Flak. loaded with coal consigned to Westport. Five of the perrons aboard the two vessels lost their lives. They were- CAPTAIN LEVINE of Jersey City. CHIEF ENGINEER THOMAS YOUNG. DECK HAND , name unknown. PILOT , name unknown. MRS. HELEN CALLAHAN. 129 West Twenty-ninth street. New York. PERISH IN A HOTEL FIRE Tire Ilodle * Found In Iliilim nnd Third ( incut of the lloime In WACO , Tex. , Jan. 27. Rots Leary and Andrew Orlswold , farmers from Hill county were burned to death In the Commercla hotel nt Hlllsboro , thirty miles north ot Waco , this morning , and John McClure , an other guest , is missing and his body Is HUP posed to bo In the ruins. At 3 o'clock this morning the building was discovered In flames and fanned by a fierce wind was quickly consumed. When the fire was ou the charred trunk of Grlswold'a body and a few bones , supposed to be those of Leary were all that remained. No signs of Me- Clure's body could be found and It maj be that lie escaped. Tbo property loss wa small. NEW MINISTER FROM MEXICO Mniinel Anplrax. ANnlntnnt Secrolnrj of Foreign ncliitloim. Appointed by Dtnr. MEXICO CITY. Jan. 27. President Ola today appointed Manuel Agplras , asslstan secretary of foreign relations , to be am bassador to Washington , The appolntmen Is well merited. Senor Asparas has been In constant touch with the late Ambassado Romero and knows all the details of MPX Ico's relations with the United States. H < Is a very able and courteous diplomat. Hi speaks English and haa n charming famll' ' which will adorn Washington society. He I a native of Puebla. is 55 years of age an was prominent In the liberal party durln ; Juarez's administration. TO KISS MAXTI.B OF TUB I'KOIMlin Sultnn Alidul Humid Aeeompll-ihr F - \Vlthout HeliiKT Illntvn I p. CONSTANTINOPLE. Jan. 27. Sultan Ab dul Hamld made his annual visit to Stain boul by water today to kiss the mantle o the prophet. The usual elaborate ceremonle were observed. Throughout the week th police have been taking extraordinary pre cautious to his ' secure majesty's safety am many arrtats have been made. Yestcrda ; they visited all the drug stores and her metically sealed all deposits of chlorate o potash. This was done to alleviate the aultan'a fear of being attacked by explo- ilon. TriiiiHiilliintle Liner * llcluled , NEW YORK. Jan. 27. Three big liner- are overdue at this port. They are the White Star Britannic and ibo North German Lloyd Saale and Kaiser Wllhclm II. At mid night none of them had bef i reported by tht Fire Island observatory. The Kaiser Wll helm II should have arrived Wednesday The Britannic- was due Wednesday. The Saale should have reached the Ilghtahlp uj Thursday. In addition to the foregoing there Is n largo licet of belated steamert. Three Children Hum to Heath , JOPLIN. Mo. . Jan. 27. While Mr. and Mrs. Thoman Malley , living on Cedar creek. In Newton county , Missouri , wt-ro at churo.t > last , night tholr three small chlldnti , wnom they had left locked In the bouse at homt wer burned to death. On returning home at 11 o'clock the i rcutii found the bouue lu ruJna. SLUMP OF SIX VOTES HalfaDozsn Ballot Units Fall Away from Hay ward's Column , IS FORCES SEEM TO BE DISINTEGRATING 'ield , Hinebaw and Reese Beneficiaries of Otoe Man's Defection. EGISLATURE ADJOURNS UNTIL MONDAY Absence of Many Members Prevents Any Concentrated Work , HOMPSON'S ' FORCES UNUSUALLY ALERT to tintlier In the DcniTlrrn from the Ilnywnril Cninii 1'lflil Mny lie ( iiilncr. LINCOLN , Jan. 27. ( Special Telegram , ) ilaywnrd's vote took a big tumbln today , dropping to thirty-three. Field , Htushaw and } eese bring the beneficiaries. Barton , Chambers and Sclmlble went from llnyward o Field , Smlthberger to Hlnshaw and Hal- .er . to Reese. Israel cnut tils vole for llln- shaw. Senator Howard and Representatives Rouse and Dltmar were absent. Individual Vote. The record of Individual votes is as fol lows : For William V. Allen Senators Canaday , Dunn , Kan-ell , Hale , Kncppor , Miller , Mor gan , O'Neill , Schaal , Smith , Spohn II. House Anderson ot Flllmore , Douller , Bower , Car- Ion , Cawtbta , Cosgrove , Crockett , Cunntng- m , Dobry. Kasterllng , Eastman , Elwood , Kndlcott , Flynn , Fretr , Fuller , Grand- staff , Grell , Grosvenor , Hardy , John- eon , Klester , Loomla , Lemar , Mc- rockcn , McGlnley , Memmlnger , Moran , Morrison , Murray , Peck , Slecke. Shore , Smith of Butler. Sturgcjis , Sw n. Tan ner , Tavlor of Custer , Taylor of Flllrr.or . Thompson of Clay , Vandegrlft , Wntton , Weaver , Wheeler , AVoodard , Wymaii. Wright 47 ; grind 4 ul. 'S. Fcr M. L , Hav jsi'iV-'vyjf , en , Aiends , Alexander.urrlei powltjr'fiiiSw. ! . Halderman. Hannibal , Holbronk , Newell , Owens , Reynolds IS. House Armstrong , Uerlet , Ulesner , Rlake , Broderlck , Evans , Hall , Harris , Hastings , Hathorn , Hicks , Nesblt , Pollard , Prince , Sandal ) , Smith ot Richardson , Tucker , Walling , WIIcox , Young. ZellcrB 21 ; grand total , 33. For John L. Webster Senators Crow , Noyes , Van Dusen 3. House Beverly , Bur- man , Cox , Detweller , Houck , Myers , Olm- Bted 7 ; grand total , 10. For D. E. Thompson Senators Rocke , Talbot - bet 2 , House Anderson of Lancaster , Burns , Clark , Harkson , Lane 5 ; grand total , 7. For J. B. Weston Senator Prout and Rep resentatives Chlttenden , Jones , HIbbert 4 , For M. B. Reese Representatives Haller , McCarthy and Thompson ot Mcrrlck 3. For F. I. FMB Representatives Mann and Qrafton 2. For Field Senator Barton nnd Represent atives Chambers , Scott , Schalble and Wonzl 5 , For E. II. Hlnshaw Senator Steele nnd Representatives Smlthberger and Israel S. For G. M. Lambertson Representative Janscn 1. For C. E. Adama Representative Jill- bourn 1. For A. J. Cornish Senator McCargar 1. For J. 11. Van Dusen Representative Smith of Saline 1. For Valentine Representative Fisher t , Thouiimoii on the Alert. The tenatorlal situation has now settled down to a weary drag , and the absence of many members from the city tonight pre vents any concentrated work. It was noticed that the acquaintance of the men who de serted Hnyward today was being anxiously courted by the Thompson workers tonight , perhaps with the hope that , the break having been made. It would now be eaiy to go further and vote for the leading Lancaster candidate. There Is a suspicion abroad that the slump to Field was encouraged by the Thompson men with the hope that It would lead to the downfall of Hayward , but It Is certain tonight that the Thompson men are uneaay for fear the slump will be so large as to make Field formidable and an effort Is being made to scatter those who are expected to drop from the Hayward column next week. The Hayward men do not seem to bn thor oughly discouraged , but the friend * of Reese and Hinshaw ar showing some signs of ela tion at the gains made by their favorites to day and appear to be putting more life Into their respective booms. The adjournment question Is being din- cussed somewhat tonight and the consensus of opinion seems to be that the provision re quiring u ballot every day means "every leg islative day , " as shown by the record , and that no risk is run In resting over Saturday. .ttiroirluti | | * .Money to Kluht Smallpox ST. LOUIS , Jan. 27. A peci l la th Post-Dispatch from Little Rock , Ark. , saya ; Governor Jones today sent a special me nait. to the gtncral as emt/1y , urging an appro priation of $5,000 for Immediate us * of the State Board of Health for stamping out smallpox In ArKnnwm. A bill appropriating 110,00(1 ( for the purpose wag Introduced anrt was under dlicuaalon whim the atuate took a recer * . ContrnuU for Tin .Mill * ' On I put. PITTSBURO. Jan , 27. The Dispatch to morrow will gay that the Amerlc-an Tin Plate company has closed a five-year cen tred dating from January 1 , 1899 , whereby the "combine" agrees to take the cntlrt output of tin mill machinery made by ulx local foundry firms , which make practically all of the tin mill machinery of the country. Smallpox In Illmlmilppl. JACKSON. Miss. . Jan. 27. Dr. H. H. Har- elton , Inspector of the Btate Beard of Health , reported to the board that there have bc > n nearly 200 casm of smallpox In Noxub < county , about twelve rnllt-fi from Maron. Inco lant August. One phyalclan trwtt-i | f,0 ca < before lie discolored tb * nature W Uio lufc-rrtlrm. J