Historical Newspapers of South Carolina

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VOL. LI. WINNSBORQ, S. C? WEDNESDAY, MARCH 31, 1897. NO. 34. TILLMAN'S PLAIN TALK. r WHAT HE RECENTLY SAiD OF SCME ^ GREAT FRAUDS. Hotv the Contractors Cheated the Gevora meat iajf ami shin g; Armor FIste? strong "Words from a Strong Man. I The Senate bavins under consideration the bill (EL R. 10336) making appropriations for the naval service for the fiscal year Ending June 30, 1S9S, and for^other purposes, Mr. Tillman said: ?Mr. President: From my brief experience in this body I sympathize veryvnrach with the feeling of helplessness and ignorance which the distinguished Senator from West Virginia' (Sr. Elkins) Has confessed; and, r-even though I am a member of the Naval Committee and have devoted as much time as I could spare from my other duties here to the business of familiarizing, myself with the subiect matter intrusted to my care, I do not feel able to give him "all the light that he asks for on this question cf armor. But I do feel able to give him j erteughv light, and to give the Senate 1 en^^J^gn?,_-to show that there is xno'^v.ng connected with the recent history of this government?no exL* penditure?so reeking with fraud and p. so disgraceful to those who are responsible for it. I If-we-goback and"trace the history j J? of this armor-plate manufacture we j w iinri that d urino- Mr. Cleveland's first! terra, when Secretary Whitney began j | what is known as the construction of j .the n8w Navy, the manufacture of ar- j I mar according to the most approved | -methods was an unknown thing in! this country, and that there was no. plant capable of performing that work. The largest steel plant in. the country f ? at that time, I* believe, was at Bethle-j . . hem, and Congress wisely, perhaps ' (I shall not pretend to say" it was not I = wise) entered not into a contract, out it authorized the Secretary of the Na- j vy to enter into a contract with the I Bethlehem Iron Works by which they j v were to construct a sufficient addition j to their already large steel works to j -mate this armor. The Drice fixed was I away up yonder, some $600 cr $700, I j am not familiar with the esact amount j but it was $600 or $700 per ton, and it \ was generally understood in the de-j bates and in the newspapers that the \ enormous price was giren by reason! ..f ot the fact that an .enormous espendi- jj _ ture of .three, four or five million dol- j " lars was necessary, and the govern-! > ment proposed by this large price to \ xcniNJurao iiic jjciu.xcu.ciij. ring: Company in the contract which would then be let for its outlay. The - proof is overwhelming in these reports in the testimony taken before the Naval'Committee in tie investigation last winter, that the plant it Bethlei hem, which was constructed in addition to what they already had,, has been paid for twice over by this government -absolutely, and that they . - have made present of it to the Beth-1 a - lehem Company. f* ^ : y. : In a year'or two after the contract j was entered into at Bethlehem the j ? ; new Secretary-of the Navy, Mr. Trail "v cy, -finding that the' delivery of armor a vftjww from- Bethlehem did not keep pace -with the needs of the Navy, or for ilppipPi some other reason?that was- the osV-tensible excuse?without authority \ from Congress,entered into a contract ^ of his 'own with the Carnegie Works at Pittsburg, -'by which they were to .. ...receive the same- price for the armor that Bethlehem was receiving, ana he 'thereby hoped, as he explained, to { .. bring .about competition in the price j : . of tarmor, and have two plants instead j t-v . 01 one,-, ana tnereoy enaoie me gov- j : eminent .to obtain all the armor it j / * . v 'v might want in the construction of the \ / new Navy at reduced prices after a i >' ' '"while. . ; The. construction of the new Navy . . has gone on. It is getting: to be rather r ;respectable. It has cost us an enor. rnous sum. -Last winter, when the .. :Venezuela war scare was on, the prov ; -position came from tbe house toin;.-t -crease'the Navy by four battleships. . . -- There was'a struggle here to reduce it ' to two, but we compromised on three, as i loretoic. wowia oe tne case, oecause ^\ there' are 'duly ' three navy-yards in ' this, country that can construct such ships., .Each; one of them, got a ship, " and they, in. collusion, agreed as to j the price they would -bid on those | r ' * ships, and no, doubt we are to^ay pay-1 rag*a million, dollars bonus or a mil-1 .lion and a half dollars clear proStj > over and above a reasonable sum for S . . their cpnstruction. ' But the. question of armor to put on j i??L these shins was under investigation I R, 'oy the Naval Committee, aud all we i. could do in this body as to the reduc. tion that should be nad was to put it , off and forbid any contract being let . out for armor pia;e until an investigation by the Secretary of the Navy. The Secretary of the Navy made that investigation" It is here." It is full ' and complete. The Naval Committee has had this matter under considera>v tion during' the whole year; we have paid more attention to it than any and all else before us; and notwithstanding our ignorance (and I cdu. fess we are still ignorant,) we havej learned-enough to. know that these two companies, instead of competing with eaci) other in the manufacture < . of armor, are to-day in collusion and , f " have formed, a trust; that .they fix me price absolutely, without any regard to justice, 'witnout any regard to the j " liberal" manner in which the G-overn-! ment: has treated - them in the past, ||||k "witiaoat any regard to the fact that j?lp* the price they-have received, amount- i ingpt<> about -$15,000,000 for plates , they have already manufactured, has paid them back fourfold for the expenditure they paid'out. and that they nave had large dividends' on account' of the investment besides. .. The theorv* advanced in this body * j ^ i - j ^ j&s we neara it uiscussea ners iv reguru i m to the monopolies in the District of Columbia ia the matter of electric llll lighting and gas is that Congress can fsjp*' regulate mouopoiies here, hold them W down and make;ihem put their prices at whatever we please; "that we can! control monopolies. I say* here j . that the evidence is over rchelming in this electric-light business and every-1 . thing else, that instead of our controlling monopolies, monopolies have the Senate in their breeches pockets. _ Mr. President, I grow so indignant ' "when! trace the history of this iniquitous business that I am apt to say harsh - . words, but God knows 1 believe every VJ . .utterance I have made here is tiue. I ' would hate to believe or even to insinu"'j ate that these people have their paid agents in this Cnamb'ir. I would trv OinrvrvfA c-IU-NQAT_ JauVC tv ui ouoytvt Mr. Havriey. Mr. President The Presiding Officer. Does the jSecator form South Carolina field to j the Senator from Connecticut? I Mr. Hawley. Dees the Senator dare [ to say that, or even dare to insinuate it? The Presidiog Officer. Does the ! Senator from South Carolina vield? Mr. TillmaD. I dare say that as far | as I can see and understand the situation here I can explain it upon no < other ground except thai there must : be men here who are the agents of | these trusts. Mr- Hawley. I say that is a dis| graceful slander, unworthy of any gentleman. The Presleies Officer. The Senator j from South Carolina will proceed. Mr. Culiom. And in order. | Mr. Tillman. I might say that none but the galled jade winces. ! Mr. Hawley. If the Senator applies that to me I have a very sufficient answer. The Presiding Offier. The Senator from Connecticut must address the Chair and be recognized before he can interrupt a Senator on the floor. Mr. Hawley. I beg pardon of the Hhair The Presiding Officer. Does the Senator from South Carolina yield to the Senator from Connecticut ? Mr. Hawley. If the Senator addresses any language of that kind to me, I have a sufficient answer. The Presiding Officer. The Senator must not proceed to speak until he is recognized by the Chair. Mr, Ha wley. I accept the rebuke. Mr. Tillman. I said I would feel ashamed to even insinuate that there were men here who are so lost to their duties to the men who sent them here and to the States they represent as to be guilty of this, but I am bound to put two together. I am compelled, as an honest man, to speak what I believe to be true, and so help me God, unless this be true, then I can not explain it upon any other hypothesis. Mr. President, to go on with the question as to the Government going into business, who conducts this vast and complex machine of handling the mails, a business ramifying into the remotest corners of this country, covering every State and county and ham* let, a monopoly created by the Government and made self-sustaining almost in spite of the facts brought out here and notorious to everybody that everything else has gone down in the last twenty years except the compensation of these corporations for transportisg the mails? The cost of manufacturing steel rails is one-half what it was fifteen years ago, when these contracts were begun, or ten years ago. Everything now, almost, is reduced by reason of the shrinkage in the volume of money; yet the armor-plate trust, created by the money of the Government, acknowledged by the Secretary n* tV-a "NTa-mr ha <5 twief. 15 have its U4 bJUW J- * WI J UV VW M WA --W - - ? ? hands thrust deep into the coffers of the Treasury, into the pockets of the> people, and when I get up here ana try to expose their iniquities and proclaim my belief that there is dishonesty in it?fraud, peculation?I am twitted. I do not want to say anything harsh. God knows I have get enough vitriol in me now, and I could let out a heap of it. I will try to go on with the question. On what do I base these charges? Here is the conclusion of the Secretary of the Navy, as to his belief that there is a trust, in the manufacture of armor. winch I will ask the Secretary to read. The Presiding Officer. Tie Secretary will read as indicated. The Secretary read as follows: During the debate in the Senate upon the armor question at the last session of Congress, one question discussed was whether there was an understand! ug or agreement among armor manufacturers throughout the world to keep up prices. This was one of the questions I inquired about upon my recenttripto England ana France. If there be any such understanding it is of course impossible to prove it unless some one of those ta whom the secret has been confided should betray his trust. My impression is that there is and has been for some time at the least a friendly understanding among armor contractors both in Europe and America as to the prices to be charged for armor. This impression I find prevails abroad, certainly among some of the persons who have inquired into the subject. Without undertaking in any manner to justify such combinations, there are reasons that would naturally induce armor contractors to agree among themselves as to the prices to be charged to their own government, and also with armor makers abroad as to the prices at which armor is to be furnished to countries whicn do not manufacture it. Mr. Tillman. Here we have the representative of the Government in the control of the Navy Department, the man charged last winter by this Congress with the duty o' investigating tais question, and who has done it fully and thoroughly,. proclaiming his belief in a combination, and yet he has acted so liberally that after arriving at such a conclusion he allows them 50 per cent, profit in order to makft the Dries ?400. What other business in this country, | except that of those conducted by j trusts and monopolies, now earns 50 I per cent, or 30 per cent, or 20 per cent, |or 10 per cent? Why are thess miliionairts to bej'given 50 per cent profit j after we have created the factories and j presented them to tnem? Why, I ask, unless, as I said, it b3 because they [ have their "Xriends" in this Chambar? But there is another phase of this armor business that is even blacker i than this. In 1S94 a enoroliment i was made through the newspapers, a furore created as to frauds in armor [ plate. The charges were that the I Carnegies were not complying with their contract even at the high price | we were paving them, $550 a ton; that i they were putting oil' on us spongy material, rotten material, antempered material, as armor plate at that price. The Xaval Committee at the other end of the Capitol got a resolution through that body instructing its committee to investigate these questions. They sent for the manufacturers themselves. They did not go out in the highways and oy ways and look up this informer | or that spy, and men who had been turned off oy the company; but they for the supenntenaant ana the mana\ ger of the Carnegie Works and tae -' - f no j omcrs Cvjuiitukcu v>ibu cut uiauu.Auw j lure of those plates and asked them [questions, took their own admission*, j urought ic no other testimony except | that which Carnegie's men themselves j made; and what did they report? j Here are the charges made against the icjmpany, which were admitted by ' * rrr V? r\ Q r\ i tat oo v/i. <-*fs | peared as witnesses beiore the eomI mitiee. I want the Secretary to read jit. 0 j The Presiding Officer. -The Secrej tary will read as requested. I Mr. Tillman. Now, gentlemen, I those of you who do not feel so thinj skined, who know you are honest. | who feel that you are the agent only of ' 3io*a nrhi/^Vi -crm t. TiIpa.Se listen. I The Secretary read as foilows: THE CHARGES AGAINST THE COMPANY, j First. The plates did not receive the 1 uniform treatment required by the j specifications of the contracts. In many cases the treatment was irregular and in other cases it was practically inefficient. The specifications of the contract of February 2S, 1S93, re quired that each plate should be an- j <->il tomarid attain an- ! nealed, the last process being an annealiDg one. " Second. False reports of the treatment of the plates were systematically made by the government inspectors. This was in violation of paragraph 05 of ihe circular concerning armor-plate | appurtenances,dated January 16,1S93, which was made a part of the contract. Paragraph 95 says: "The contractor shall state for each article in writing the exact treatment it has received." /> - - . / i>- - ?.... *. xne speculations 01 iue cjunauL ui j ! November 20, 1890, paragraph 164, says: ? "A written statement of work andj contractor's tests to be commenced and | in progress each day must be furnished j to th9 chief inspector." Tnird. No bolts received the double j treatment provided for in the speciti-? cations of either contract. *A report of! a double treatment, however, was j made to the government inspectors, j Fourth. Specimens taken from the j j plates DOia Dei ore ana auer Lrcaimcui to ascertain the tensile strength of each plate were stretched without the knowledge of the government inspectors, so as to increase their apparent 1 tensile strengtn when actually tested. Fifth. False specimens taken from other plates were substituted for the specimens selected by the government inspectors. Sixth. The testing machine was repeatedly manipulated by order of the | superintendent cf the armor plate mill j so as to increase the apparent tensile strength of the specimens. Tbesej specimens were juggled in measurement so as to increase their apparent ductility. Seventh. Various specimens selected by the government inspectors were retreated without their knowledge before they were submitted to test. Eighth. Plates selected by the Government inspectors for ballistic test were re treated with the intention of improving their ballistic resistance, without the knowledge of 'the Government inspsciors; In one cise, at least, the conclusion is almost irresistible that the bottom of another plate was | substituted for the top half of plate A | 619 after it had been selected by the I Government and while awaiting shipment to Indian Head. Upon this ballistic test a group of plates; containing 348 tens, valued at about $180,000, were to be accepted or rejected. In three cases, at least, the plates selected by the j ' ^ ~ ?'"V?~ 4- TTT,mat fv-r \jrvvcridlu^u.^ ?ll&o aw , ed in this manner without their knowledge. Those ballistic plates represent ed 779 tons of armor, valued at over $*1,000. The groups represented by these three plates had all been submitted for premium cf $30 per ton if they passed a mora severe test than required for acceptance. Ninth. In violation of the specifications of the contract, pipes or shrinking cavities, erroneously called blowholes, in the plates wer3 plugged by the contractors and the defects concealed from the Government inspectors. These cavities, in some cases, diminished the resistance ana value of the plate. Tenth. The inspector's stamp was either duplicated or stolen, and used without the knowledge oJ: the Government inspectors. Eleventh." The Gtovernmsnt inspector in inspecting bolts was deceived by means of false templets or (gauges. Mr. Tillman. Mr. President, those J were the charges, and the testimony 5 is there to show that every word of | ? ? *Ka. l S LULeili W&S &UILUUCU tkliu uyuiw^u fore a coinmittee of the House of Representatives, and that House, ' without a division?because even the Republicans over there-dared not face their constituents for reelection and fight the investigation?passed a resolution to have certain plates taken off the vessels of the Navv and have them put through the necessary test to show the frauds and prove them. Mr. Carneige was fined by the Secretary of the Navy and, by some hokus-pokus, this glorious President of ours, who, God be thanked, goes out of power in two days from now, remitted that fine. Thethie-ves were caught; they con- 5 fessed that they had robbed the Gov-* eminent; the House of Represents-j tives sent to you a resolution to have j certain plates tested upon your new; avy to prove the frauds which had j been practiced upon the Government, j Tbat resoultion came over here and j I went to sleep and died without action, j land Mr. Carnei?:e sports his steam! j yacht and ftoats back to Scotland to j 1 - j ?*? i ; njs game preserve, aau wruca ^uiu'? i bug literature to tell the American j people how they ought to behave j J themselves. He can corns to Con-j : gress and come to the President, and j get such recognition as he has had. j i Why should he not sport steam yachts j ! and live in palaces? Why not? He j j can conduct private business; yes; oh, j lyes;' but we can not. We can not! iminnoto arif-h hit? b-^ausft there is! too much red tape here, too much eight-hour law, too much tais, too much t'other created here by political influences to stop the wheels of an j honest Adcc inistration and to rob the people and make millionaires at the expense of the paupers, who are grow- j ing; mere and more numerous every j day. Then, when I get up here and i bring these facts to the attention of j the Senate and ask the Senators if they do not propose to convict them- j j selves in the eyes of the people of be- j jiugin collusion with these me a, 011 [being: only their greedy and paid! j agents, a Senator gets up herewith! J his thin skin and undertakes to twit | I me with being insulting and slander- j | cus! Why was not that resolution passed here and thoss plates taken otf? Why ? Why? Here is a list of the ships ot our new Navy?our boasted newj Navy, the one we love so, and that j we pet so. Tbis is only a partial list of me ships tbe plates on which were j confessed to have b?en plugged up, or) not tempered, or some olaer tiling j which, would weaken them and make I them worthless, and not according to i contract. [continued on page focr.j j SOME NEW LAWS. CUT THEM OUT AND KEEP THEM FOR REFERENCE. Some More of the Acts of General Interest Passed at the Late Session of the General Assembly. An Act to authorize the deposit of money in proceedings in the Courts of this State as security in lieu o: bonds and undertakings. Be it enacted by the General Assembly of the State of South Carolina: Section 1. That whenever in any civii or criminal proceedings in any of the Courts of this State a bond, recognizance or undertaking is authorized or required to be given, it shall and may be lawful for the party or parties authorized or required to give the same to depose in lieu thereof a sum of money, la lawful money ol the "United Slates of America equal in amount to the bond, recognizance or undertaking so required or authorized rrt crir-^ri ft'iri sufih sum nf monsv. when deposited as in this Act provided, shall be held and taken as equivalent in all respects to the giving of such bond, recognizance or undertaking Section 2. Whenever such bend, re cognizance or undertaking is required or authorized to be given in any civil or criminal proceedings in the Courts of Common Pleas or General Sessions ^A ^ U A ^ on A? YY( UI LLli2> OlaLtT, tuc iaiu iuuu ?xx\jv.\,j deposited in lieu thereof shall be paid to the clerk of the Court of Common Pleas and General Sessions in wnich said prccseding is pending; and whenever such bond, recognizance or undsrtak-! ing is authorized or required to begiv*; en in the Supreme Court of this State, j the said sum of money shall be paid ! to the clerk of the Supreme Court, and j whenever such bond, recognizance of j undertaking is authorized or required, j to be given in any civil proceedings in the Probate Courts of this State, I the said sum of money shall be paid to j the Judge of the Court of Probate for ] the county in which the said proceed- j lLlg IS WCilUliig ^ rtuu yvuc^icrw siixvyii ; bond, recognizance or undertaking is j authorized or required to be give a in! any civil or criminal proceeding in a j Magistrate's Court or other Court of j inferior jurisdiction, such sua. of j money shall be paid to the clerk of j the Court of Common Pleas and G-en- j eral sessions for the county in which I such Magistrate's Court or other Court of inferior jurisdiction shall be. Section 3. Whenever any su ai of mrtnp^r ic cr> rtannsiteri ir; "lifiii nf a bond. ! recognizance or undertaking the party depositing the same shall bs entitled to a receipi therefor, stating that the j same has bien deposited, and is held for the same purpose as would have | been specified and conditioned in the | bond, recognizance or undertaking: in ] lieu whereof the the sum of money is j so deposited. Section 4. The party or parlies so I depositing a sum of money in lieu of j a bond, recognizance or undertaking, i shall be entitled upon application toj 4- Via MAfyvft/jfin-Q flAUvfc TC Vl Tt fCTTTofl i bW ? wOyCvl? V w *>J ?i uvi WAM | deposits have bsen made, and subject \ to the order of which such fuac.s are held, to receive back the same whenever the purpose for which the same have been received and deposited have been accomplished and the parties are entitled to repayment thereof. Section 5. All acts and parts of acts inconsistent herewith or contradictory hereof are hereby repealed. Approved the 17th dav of February, A. D. 1897. An act to prohibit trusts ana combination and provide penalties. Be it enacted by the General Assembly of the State of South Carolina: Section 1. That from and after the nassaee of tiiis act. all arrangements, contracts, agreements, trust or combinations between two or more persons as individuals, firms or corporations, mace with a view to lesson, or which tends to lesson, full and free competition in the importation or sale of articles impcrted into this State, or in the manufacture or sale of articles cf do-1 mestic growth or of domestic raw material, and all arrangements, contracts agreements,trusts or combinations between persons or corporations designed or which tend to advance, reduce or control the price or the cost to the producer or to the consumer of any such product or article, are hereby declared to be against public policy, unlawful and void. Section 2 Whenever complaint is made upon sufficient affidavit or affidavits showing a prima facie case of violation oi: the provisions cf the first section of this act by. any corporation, r\'m -fit chcjli Ha f.llA VI VUULtO CAU \J.* X u ??? . duty of the Attorney General to begin an action against such domestic cor poraiion to forfeit its charter, and in case such violation shall be established the court shall adjudge the charter j of such corporation to be forfeited, j and such corporation shall bs dissolved, and its charter shall cease and determine ;and in the case of such showing as '-o a foreign corporation an action shall be begun by the Attorney General in said court against sucii corporation to determine tha truth of j oi-z-.li nViorfo- one? 1 n Slicll 1 OUOU uui o - 1 in v??v Q - | shall be considered established, the! elf act of the judgment of the Cxirt shall be to deny to such corporation j the recognition of its corporate exist- i ence in any court of law or equity in j this State. But nothing in tuis sec-' tion shall be construed toelfectanyj right of action then existing against j such corporation. Section 3. Any violation of the pro- i vision of this Ac: shall be deemed and ; is hereby declared to be destructive of: wi/i -Pwna /-> v fv> no M i /-\r> OTiH 51 < I 1UAI auu I iCti VvJ4^?|y>V^Ui.UA'-/.UL MUv* V? VVspiracy against trade, and any parson or persons who may engage in any j such conspiracy,or who shall, as prin- j cipal, manager, director or agent, or I in any otter capacity, knowingly carry cut any of the stipulations, purposes, prices, rates or orders made in furtherance of such conspiracy, shall on conviction be punished by a line of not less than one hundred dollars or more than five thousand dollars, and by imprisonment in the Penitentiary not less tnan six months or more tban ten years, or in the judgment of the Court by either such fine or such imprisonment. iSsction That any person or persons or copcration that may be injured or damaged by any such arrange meat, contract, agreement, trust or combination described iu Section 1 of this Act, may sue for and recover, in | any Court of competent jurisdiction, [the fuil consideration or sum paid by | him or them for any goods, wares, merchandise or articles the sale of vrhici is controlled by such combination or tiust. , Section 5. That any and all persons | maj bs compellable to testify in any j : action or prosecution under this Act: j I Provided/ that such testimony shall j not be used in ac y other action o? j prosecution against such "witness or ' witnesses, and such witness or witnesses shall forever bs exempt from any prosecution for the act or acts tT-V?iAh V,^ + Hot "(ocii frr f Y> IA11/.U. i-iO VI Section (j. Nothing contained in this Act shall be taken or construed to apply to any person or persons acting in th? discharge of official duties under the laws of this State. Section 7. All Acts in conliict with this Act be, and the fame are hereby, repealed. Approved the 25th Februarv, A- D. j1S97. An Act to require all common carriers to pay all loss of or damages for loss, damage and breakerage of any articles shipped over their lines or to refuse to do so within a certain time. Be it enacted by the General Assem! bly of the State of South Caroiina: j Section 1. That from and after the < approval of this Act all common carjriers doing business in the State s1.all I be required to pay for or refuse to pay j j for all loss, orcakage er damage from i j breakage, damage cr loss of articles j shipped over the lines of said com-1 mon carriers v/ithin sixty days from the time the claim for the said articles j so lost, broken or damaged shall be j made. Section 3. That in case the said j j common carrier shall not pay or rej fuse to pay said claim for said loss, breakage or damage as set out in Sec- j tion i of this Act within the sixty dajs j therein provided for, then the saidj common carrier shall be liable for the j the sum of fifty dollars for each cfj fence as penalty, in addition to the i i ^ . f ?- J i 1 amount oi saiu lUSS ur uarnagc, w j j collected by the claimant in any Conrt j having jurisdiction of the same. I Section 4. All ac';s or parts of acts J j inconsistent with this Act be, and ttie ! [ same are hereby, repealed. j Aonroved the 25th day of February, A. D* 1897. | An Act to facilitate the settlement of ! estates of testators. | Ba it enacted by the General Assemj bly of the State of South Carolina: Section 1. If after the expiration of [two years from the time when any ! iegacy becomes due and payable under j any will or testament it shall be made | to appear, to the satisfaction of the j Judge of the Court of Probate by I wnomieuers xesiameiiLary were gz-&uL* [ edthat the executor or executors ofsuch [ will or testament is or are unable to [ascertain the whereabouts, of any lejI a tee under such Iegament, or to ascertain whether such legatee or devisee be dead or not, it shall be lawful for the executor or executors to pay over to the Judge of Probate the amount of the legacy of such legatee and any interest that may be legally due thereon, and such payment of ihe amount of, such legacy to the Judge of said Probate Court shall be a full and com plete discharge to the executor or executors. The said amount so paid to ..ihq ?j uage or me saia vjouri ot rroumv j suall be protected by his official bond and shall be held by such Court of j Probate for such legatee, subject to the order of such Probate Court or of any other Court of competent jurisdiction. Anoroved the 25th day of February, 1S97.~ Five Children Burned. Des Moines, Ia., March 25? Five children of Mr- and Mrs. Frank Penrod at Laddsdale, a mining town on the Wapello and Davis county line, were burned to death last night. Three were cremated and two died a few hours later. They are: Harry, aged 10; John, aged 8; Minerva, aged 6; Rdss, aged 4; Blaine, aged 3. The parents of the children took the oldest j j child of the family, a son aged 12, and j j a baby in the arms of its mother, and j went to a religious meeting, having first put the other five children, to bed. About 9 o'clock an alarm of fire was given and Penrod rushed out with the other occupants of the school house, to find his house in flames. It was impossible to enter the house, as it was crumbling when Penrod reached it. The children's bads were by the window, however, and Penrod burst the window open and succeeded in puiling the 8 year and 4 year old I boys out, horribly burning himself in j the attempt. The two never regained i nnnseiousness and died in a short time. | The others were burned until only a few bones were iound in the debris of the house. The coroner's inquest j threw no light 011 the origin ol the j fire. | Free Silver Kepublicans. Lincoln, Neb., March 25.?A cew| | political party was launched in Ne-i I nraska todav. It is comnosed of ruem-1 i bers who iiave heretofore affiliated ] i with the Republicans but last Novem-1 j be..- voted for W. J. Bryan for Presi- j I dent on the currency question alone. ? j Tiie convention, which met in LincDln ! this afternoon was not lagely attended. | Charles Wooster, a member of the lower house of the legislature, was imade chairman. The present name Fres Silver Republicans of Nebraska j was retained. Judge D. D. Gregory of Omaha ws,s made the Nebraska member of the national committee and a State organization was effected. Six congressional district committeemen were also selected and arrangements ! perfected for carrying on an active! campaign. Contrary to expectations, j Mr. Bryan was not present. "Wreck >"enr Augusts. Augusta, March 2i.? John Ewing, firemaa oJ the passenger traia on the Ssuih Carolina and Georgia railroad, was killed in a collision across the river from Augusta t&is afternoon. E.ving was fireman on the incoming ptisseuger train. A shifting engine _:j: was standing on me sxuiug u.aiu- j | burg. The switch, was opea and thej passenger engine dashed in. Ewing I attempted to jump, but was caught as jihe two engines clashed. E wing's j legs were nxashed oif and lie was! brought to the hospital nere, but died j at 7 o'clock. Tne accident happened j to the 4:30 local train between Aiken and Augusta. W. P. Pelzsr, or Charleston, and H. Madden, of Augusta, passengers were badly bruised, and JBrakeman Beeves was i slightly iaiured.?State. Jcmrnaliats Visit tli9 l'resident. Washington, March 23.?President ilcKmiey today gav^ a reception to | the newspaper correspondents stationj ed in Washington and the representatives of the iocal priss. Altnough it was a busy day in Uongrees, at least 150 representatives or the leading ; newsoaoers of the country were pres i ent. i ~ MUBPHY WON'T HANG. | HIS SENTENCE COMMUTED TO !M- j f I CTZ ITlJOUiNIVI E.iN 1 rvj?n l_iTw. I The Governor Claims to .Have Grave Doubts of the Murderers Guilt and Cornmates Hla Sonte^C3?2s o JDoubt a Fardoa Will Follow Latbr. Columbia, S. C., March. 25.?City Attorney Carroll of Augusta, by his energetic work cone in the last 20 days, ha* succeeded in saving the life of Daniel C. Murphy, and tiiat uniortunate man will not have to pay the death penalty upon the gallows. This will be read by mauy before Murphy knows, however, whether he must die today or not. He wss not told last night, the prison gates having been locked for the nisht before any one knew the result. His a^ed, greyhaired father will doubtless be the first to give him the news at 6 o'clock or shortly thereafter this morning. As the case now s^-nds, Murphy's sentence has been commuted to life imprsionment in the State penitentiray. On the streets every man one could meet ] approved this action upon the part of j the chief executive. Governor Elierbe has given the case the greatest amount of careful and painstaking condsideration. Since his last interview with the prisoner, he has been convinced of his guilt, and Murphy would surely have died j on the gallows today, but for the earn- j est work of Mr. Carroll in securing | the testimony of that Augusta minis-1 ter, whose character Jaad been so highly endorsed. Yesterday morning, in response to | the request of Governor Elierbe, 80 Hcitcr Jervey and H. H. Brur>son, Esq., who prosecuted Murphy, came to Columbia, and during the day the governor had them in consulation with him. The stenographic report of the evidence taken in the case the preceding day was read to them. * What they had to say to the governor ] is not known. Both attorneys had been previously convinced of the man's j guilt, but neither of them were men i ? L - ?- ? ~ -3 yviay> ! wIIu wxsueu au iuuowui j if it could be shown that he was inno- j cent. Governor Ellerbe thought the case ) over for some time after these gentlemen had left the city; then aoout 6:30 J o'clock he announced he had commuted the sentence to life impnsoument in the State penitentiary, Governor Ellerbe said that the testimony that had been presented to him by ilr. Carroll was of such a character as : to create in his mind th8 gravest doubts of the man's guilt; consequently he could not permit him to be hanged. This was all the governor said. His position seems to be about | as follows: While the integrity of the Augusta minister was not to be doubted under the certificates of charac ter furnished, there was a bare possibility that he was mistaken as to the ~ "R.ftt rrrac Of VllC I uavs no swears ><i?w house, ana for this reason the gover i nor could not grant the full pardon. | If it ever be proven, by additional wit| nesses that the minister's statement is ' absolutely correct the status of the lease is now such that he can be parj doned forthwith. The case has been one of the most intense interest since I Mr. Carroll introduced the testimony, i a summary of which was giyen yesIterday. Governor Ellerbe's position I in having to deal with such a case, involving the lifs of a human being, was, to say the least, most unenviable, j He has done what he considered the j I only proper thing to do and thus this j case ends for the present. Mr. Carroll was about the exscu- j tive office often during the day await-1 ing to hear the result of the case. He I and Murphy's brother will return to j Augusta this morning. The latter and the prisoner's aged father heard I the news of the commutation from The State representative. Tiie oid man had hoped and expected that a full prrdon would bs granted. He has been devotion itself during these few weeks and they have told upon his strength. He met Captain West- j field of the penitentiary guard on tiie street and said in a broken voice: "Well captain, we will have to leave my poor boy with you." He talked pleasantly with the captain fcr avrhile and then left to sleep, after obtaining permission to see his son at the prison at 6 o'clock this morning, before leaving for his home in Orangeburg. The facts upon which the Governor based his action in the case are interesting:. They were presented by a lawyer by the name of Carroll of Augusta, Ga. Mr. Carroll came beforeGovernor Ellerbe on Wednesday | wwnlncr with all his information in ! ? ? proper s-nape. He brought aloes raost! of Jiis -witnesses and everything he wanted to present was in the shaps of sworn affidavits. He left no point unguarded and presented a case that was of intense interest. Assistant Attorney General Townsend was present! and cross examined the witnesses. Tie! governor himself frequently asked! them questions. The examination of j the witnesses occupied all the morn- j ing. In the afternoon Go7ernor El- j ierbe heard Mr. Carroll present the j Mr. Carroll made a solendid! speech. He arracgea his evidence iu j logical order and dissected the evidence produced at the trial in a mas-! teriy manner. He laid particular j stress upon the fact that the chief State witness, Clem Barrs, had already ap- j peared before the governor and con- j fessed that she was paid to lie. Gov- j ernor Eilerbe listened intently to j everything that was said. He stated j L'JLa.6 -Lie VVUUU UAJ vtvv/ww^ c in. the evening. At S o'clock he an-! nounced that he had wired lor Soj:c<-) tor Jervey and Attorney Brunsoa, j who had represented the Stale upon: the trial, as ne wished to coai'or with ; them mis morning. The first witness of any conseq uence ] called was the Rev. E. E. Murphy, a i retired Baptist minister of Augusta, j G-a-, who now works in the King Cotton mill in that city. Though he bears j the same name as the prisoner, ne is j not related to him. Knowing what I j he did and hearing thac Marpay was I ; about to be hung to: a crime commit i ted aboul the time of the Copts inur- j der, he wrote to Mr. Browning, he j says, and called his attention to his ! testimony. He tesliaed that on a | Thursday nisht in October about mid- j night Dan Murphy came to his house | m Augusta and rtmiin^d to the iol- i iowing dunuay. He then lets, carry-! ing with him a shotgun which he had | lett with him the preceding January, j He paid no attention to the circurnstances ai the time, and he did not know that Dan ilurphy was to be hung until one of tfcie operatives at the miii asked him if Murphy who was to ,be hung was related to him. At hrst j he could not recall sufficiently to be exact as to the dates of Murphy's arriv-: I al ana departure from his home. After j thinking the matter over, he remem! bered that about that time he had ; married three couples and had jotted j the date down in a b ick of skeleton I sermons he kept. He hunted this j book up and found that he had made I o nrita r.f 'nQxrinc wrrinr\P' 'if couples?a runaway couple in Hamburg? on October 21st. The murder was committed on October 20. Murphy had spent the 21st at his house and left that evening. His wife and daughter were examined and corroborated his testimony in every respect except that they could not be certain , as to the dales. Strong affidavits as to the character of the Rev. Mr. Murphy were presented, signed by Sheriff Patrick J. O'Connor, Tax Collector C. S. Bohler, W T?. Wi)11pr anr* .Tr#0 [ Smith, superintendent of the Sling Coiton mills. Dr. Lansing Burrovrs, the pastor o? the First Baptist church ' in Augusta, one of the most prominent divines in the south, certified that he had been present at Mr. Murphy's ordination to the ministry. Mr. Murphy's testimony aiso declared t hat the gun with which the killing of Treasurer Copes was alleged to have been done was in his housi at the time of the killing. Mr. Carroll then showed by John Morgan and James Morgan, his brother, that Dan' Murphy in 1S93 kept j store at Beech Island, beiow Augusta, and that when he broke up storekeen! ing in January, 1894, Murphy bought j from John Morgan a gun which they : described, and one of them stated that he had cut four letters on it?tvro i.n.n 1 i. ^ : j s ' axiu. iwo jll s ?uju. uie > I The gun sent up from Orangeburg j was show a them and was testified by both as being the same gun. The gun exhibited 10 them was the same that j was used in the evidence and presented during the trial. Then the affidavits of Mrs. Meredith and others as to the soldering of ] a sua for Dan Murphv ia'January, j 1391, were presented. This was the same gun. Messrs. Jesse and Thomis Batlerj testified that Dan Murphy kept store j at Beech Island, and corroborated the ! reasons as to that statement and also j that Murphy sold out in January, i?<u I Policeman Dave Murphy of Augusta, a brother of the convicted ma a, was then examiaed. He told about his visit to his brother. Dan had re- j fused to talk to G-ovsrnor Ellerbs and to Mr. Carroll. He had said that he had been treated so that he was afraid to talk to anybody but his brother or father. He "had been given, he said, no shoeing at all to have his side of ' the case presented and he could not j make any oae believe him. The prisoner had told him all about his gun. ; H? had traced the gun about and as shown by the affidavits and evidence , the condemned mia's story had been borne out in every respect. This was the gun that witnesses had sworn at the trial had been bought by Murphy in Oransebur?. Mr. Carroll whan called Murphy's aged father in and the latter brought with him the gun that had been bought' in Orangeburg. It was found at Ui-! ; mer's, S- C., just where the prisoner said it would be found; there were accompanying affidavits. An Augusta man sent an affidavit that Holland, the detective who had worked up the cise against Murphy, had told him, speaking of ClemBarrs, that they had got the woman all right; they had kept her in a good humor with whiskey until she got upon the j stand and "you bet she knew what to say." The deponent asked Holland if j he meant to say he bad tseen getting 3 testimony by foul means and Holland | quickly turned it off, beginning to talk about something else. ! The other testimony presented was just as strong. When Mr. Barrett presented the case to the governor he commanded the close attention of all in the executive chamber. He took the testimony adduced at the trial and showed that aside from everything else, omitting | Clem Barrs' testimony, there was no I physical fact whatever to connect 1 Murphy with the crime. There was nothing to put him in the vicinity of the scene of the crime. He then held that he had produced evidence which his client was debarred from presenting heretofore, which fixed his where- j about and there was nothing that I could move him from the place in J which he bad been located by the min- j ister. He dealt fully with the matter 1 of the gun, declaring it to be fully j disposed of by the testimony of the i minister and that of the parties from whom Murphy had obtained it. He paid his respects to Evans1 order in regard to refusing the prisoner the constitutional right to see and consult with his counsel. An Assassin Hanged. Centre City, Minn., March 23.? Ai 1 o'clock this morning George Kelly was hanged in the county jail for complicity in the murder of Edward Paul and Jacob Haves. Kelly's neck j was broken and he was dead in 10 j minuted. Nine months ago Eiward Paul and Jacob iiayes, youths iust j entering: manhood, were shot by one or two man who attempted to hold up j Dr. Buroside Foster of St. Paul, who j arrived after midnight. The two men j were G-eorge Keily and Robert Wil-j son. Wilson was killed by a pursu-: ingpesseof citizens the folio wing day. j Kelly was triad in October, found ! guilty and sentenced to be hanged. j Dl'in-'t Become Law. The Railroad. Commission has re- 5 cc-ivec numerous inquiries tus tu wii&t j became of ttie law requiring ail pas-! seager trains to stop at stations where j resuiar agents are kept. As a matter of fact the bill was so amended or ] emasculated as to defeat the very pur- i pose for which it was intended and j when it came back to the house from I the Senate it was so changed by amendments that its author, Sir. Wailiag, of Fairfield, didnt know his own bill and said he would rather have none than that one as it stood. Hence j it was never pushed and didn't koms : law. Died From Hydrophobia. Atlanta, Ga., March 22.?A special 1 to the Journal from Savannah says: I I Miss Jennie Clastigny, 37 years of age j died here this morning from a pro- j nounced case of rabbies. Dr. George H. Stone, her attending physician says that there is no dou'oc but that hei death was caused by hydrophobia. Last December, Miss Giaiigny >vas j bitten on the hand by a strange dog in | j the street near her house. She ?ras ! quite a dog fancier and attached so lit-! ! tie importance to Ine theory of hydro- j J phobia that the wound gave her little j concern. { A SHOCKING TRAGEDY." SOLICITOR THURMOND SHOOTS MR. W. G. HARRIS. Ore Deadly Eullet?The Well-Known Sales rcan of the Murray Drag Company?Bat One Eye Witness. Edgefield, March 24.?A sad and unfortunate homicide occurred here at 6 o'clock this afternoon. Solicitor Thurmond shot and killed W. G. Harris, a drummer for The Hurray Drug company of Columbia, S. C. Mr. Harris is a nephew of Collector of Internal Revenue Townes and son of W. G. Harris, a prominent citizen of Edgefield county. The trouble, it seems, arose out of the fact that while Mr. Thurmond was a member of the State legislature Iia fViof /yw IT. era no ?^.u taau vc \j y viuvx j~a y mud appoint a gentleman named Glover as magistrate instead of Harris, the old incumbent and father of the deceased. Since Mr. Thurmond has been solicitor he has had nothing whatever to do with recommending applicants for positions of magistrates, but under Governor Ellerbe's administration Mr. Harris, senior, was again an spplicant, but Glover, who was appointed by Governor Evans, was reappointed by Eilerbe. Mr. W. G. Harris deceased, seamed to think that Solicitor Thurmond was instrumental in having it done and about it he accosted Solicitor Thurmond this afternoon at about 5 o'clock in the drug store of W. E. Lynch. 7?/T? TT ' l. _ _ j 7_ ^ _"T xar. xiarns, ii is saia, naa Dsea drinking and used very hot language. Tnurmond, to avoid difficulty, left the Lynch store and went to his office. He was there engaged at work when Mr. Harris passed by on the way to his hotel, in company with Capt. DuBose, the proprietor. On reaching the doorway to Thurmond's cilice Harris stopped. Capt. DuBose waited on a few steps. The subject of former discussion was again brought up by Harris, the latter finally saying to Tnurmond that he (Thurmond) has acted like a "G?d d?d dog and scoundrel,7' and threw his hand to his pocket as if to draw his pistol and placed his foot on Thurmond's door step. Thereupon Thurmond fired from where he was sitting. Harris staggered backwards and fell upon the sidewalk. He got up and walked a few paces, when Jtae fell dead. The ball entered from the front just below the shirt stud and passed into the cavity of the heart. A jury of inquest has been summoned, and, after viewing the body adjourned until tomorrow. Great regret is felt here over the occurrence. Solicitor Thurmond was never known to have had any trouble before and is regarded by everybody as a peaceful ana law-abiding citizen. He surrendered himself and is now in jaiL He is completely overcome by his misfortune. H2 has retained Messrs. Croft & Tillman and N. G-. E rans to defend him.?State. VEEDICT OF THE JURY. Edgefield, March 25?It the coroner's inquest today, Capt. D. S. Da3ose, the only eye- witness to the killing, testified that when Will Harris, who was on the street denounced Thurmond as a dirty scoundrel, Thurmond, from his ofcfce door, shot Harris, wno never spoke, but died in five minutes. The jury of inquest found that Will Harris came to his death bv a sunshot wound at the hands cf "J. William Thurmond. Capt. DuBose, who was only a few feet from Harris, testified that Harris was not armed. Seven Sandred Were Massacred. Constantinople, March 25.?Farther and probably more accurate details of the recent massacres of Armenians at Tokat in the Sivas district of Anatolia have been received at the Armenian patriarchate here. 'The first report of tiie affair was issued oy tne government. This declared that 15 Armenians and three Mussulmans had been killed. Little reliance was placed in the report, for the officials have always made it a rule to understand the number or persons killed in the various massacres. Later information was received at the embassies showing that fully 100 defencless Armenians had fallen victims to the fury of the Moslems at Tokat and this number it was thought was probably correct. The news received today at the f , patriarchate shows that both statements were incorrect and that the number of victims was fully 700. It was stated today that these figures were obtained from reliable persons and that the number of victims is withnnt nnyypft Wood to Barn. Columbia, S. C., March 24.?A spark from an engine on the Columbia and Greenville railroad set fire on Sunday afternoon last to 400 cords of wood belonging to Mr. J. Caldwell Robertson. 1$ was stacked near the track in rear of Elm wood cemetery and was ready for shipment. The wood had been split for sometime and was dry and inflammable. The spark quickly ignited it and the fire burned steadily until the last vestige of fuel was consumed. The remoteness of the TV3f*a Vi?nt- frrtm bain? discovered ana likewise from doing any greater damage. There was literal iy nothing else to burn. Mr. Robcrcson had sometime before sold the wood to the psnitentiary and it had been left ttere urilil a convenient time to remove it- A claim for the loss will, of course, be filed against the railroad by tne penitentiary authorities.?State. Sharp Sarthqaaks. Maloxe, N. Y., March 23.?At about (5:05 this evening there was a heavy earthquake shock here, start~ vmfW r> KTTA Oil OYnlCt* YY10LL Ck OUUUVU MAA sion, and reverberating with a grinding mo:icn for soaie seconds. It seemed to travel from southeast to northwest. People were alarmed for a moment but 110 damage was done. Moa:reaI, March. 23.?A. heavy shock of earthquake shook the centre of this city this evening and caused great consternation. Large buildings snook like reeds and there was a general rush of the inrnatos for the doors. So far no damage has oeen reported. Dispatches from various points in this province and from eastern Ontario report similar shocks, but without any damage of consequence. Cheated the Gallows. *? t? "* r l ci d T Jt?OUSTO>\ xex., jxarca.4*.?jusspu Blanthtr, the aiieged murderer of Mrs. Langfeldt. died last night ia the Meridian jail from the effects of poison swallowed Saturday w;ih suicidal intent.