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~ipA ?<' I VOL. XIII. i 700 PLOPLE DROWN! . Another Frightful Lorror of the Deep ( Willi Terrible Loss of Life I PASSENGERS MOSTLY EMIGRANTS ! | The Danish Steamer Norge, Bound 1 to New York, With Nearly 800 Dan- ' I ish and Norwegian Emigrants, otr.Kcu a nee* in xne iNortn Atlantic and Ginks. l<nncb>n. lly Cable.--Ovor TOO Danish and Norwegian emigrants bound for Now York are believed to have been drowned in the North Atlantic on June 2S. Out of nearly S00 souls on board the Danish steamer Norge. which left j Copenhagen June 22. only 27 are known j to be alive and for the rest no hope is t held out. When last seen the Norge was sink- j I tig where she struck 011 the Islet of t Hoekall. who6e isolated peak raises it- ! self from 1 deadly Atlantic reef, some 290 mihsofi the west coast of Scotland. Early on the in ruing of last Tuesday f the Norge, which was out of her course in heaw weather, ran onto the Ilockall < reef. The Norge was quickly backed off but the lieavy seas poured in through 1 a rent in her hows. The emigrants, who were then awaiting their break fast, ran on deck. The : hatchways were scarcely built for these j hundreds of souls and became clogged. 1 The Norge quickly began to go clown by the head. Eight boats were lowered 1 and in?o these the women and children were hurriedly put. Six of these boats | aiiw^imn against uie suie of LIU' Norge | and their helpless inmates were caught ! up by the heavy seas. Two boat, loads got away safely from the side of the sinking ship and many of the emigrants who were left on board seizing life belts, threw themselves into the sea and were drowned. Captain Gundel. so say <*he survivors, stood on the bridge of the doomed vessel until it could be seen no more. The boats kept together some hours. Practically ail of their occupants were ! passengers and not used to handling I such craft. Tl.e boat occupied by the j survivors laudect at Grimsby was a life boat. One account says that three boats were successfully launched, the other two holding about ten persons each. The lifeboat made faster progress and fell in with the Salvia. What became of the other boati is not known. The rescue of those on the; lifeboat took place at 8 o'clock on \lio morning of June 2'J. the survivors censistiug of 20 men. one of them a seaman, six women and a | girl. i One of the surrivv -s said that when be got on deck tl f N<v>rge was half submerged and was rapidly getting lower In the water. Half m:vd with fright the survivors all struggled for places in the boats. They fought their way to the big lifeboat and an officer stowed in the six women and the girl and then told the men to get in. The officer then | took charge and got the l.oat to the i side of the Norge. Selni? that the boat ? was already overladen, the officer with great heroism jumped inJo the water and tried to board nrr^Aor bosit which 11v*i nu mil. r.e iailed and was ! drowned. In the sea by this time was a mass of struggling men. wcmen i nd children ; grasping and choking from the effects t of the water. They tried to get in the already overladen boats, but were beaten off with oars. The boat rowed clear of this seething mass and Just as she drew away the Nor go went down. Peter Nelson, one of the survivors, described as a young American, said: "For some hours wo rowed in, company with the other boats, but thi strong tide drifted us away from the others and nothing lias born seen tpf them since. The Salvia picked us up\and w? \ were well eared for on hoard the Trawler. Ml of us lost our entire belong] lugs. He had no time in that fierce i / fight for lite to think of anything hut the getting of seats in the boat." The only hope except for those known to have escaped is that some few of i e emigrants might have been washed upon t lie barren np-ks. Their chance of being rescued eken thon is practically nil. for vessels sailing the i North Atlantic give Roekall a wide birth as possible. Prominent Attorney Dead. Montgomery, Ala.. Special.?Capt. Rdward Alfred Graham, district attor ney for the Southern and Seaboard Air I-ino Railways, a former member of the State Senate and of the constitutional convention, died here early Friday. Ho also served as mayor of the fity and city recorder, and was a prominent member of secret orders. \ News by Wire. \ Russian torpedo boat destroyer, damaged and crowded wlth\ men, reached Nittchwang from Port Aj-thur. The Japanese took the Fen Ship Pass after a hard tight, in which the'Russians were outmanoeuvred. A tornado that passed over Mofcow. Russia, caused ICi deaths, hundreds of injuries and a vast amount of damage. The daughter of Levi P. Morton secured a divorce from the Duke of Valencay in Paris. A French warship arrive*' in Haiti, but the recent stoning has hcen atoned I for by apology. I King Edward sailed for England I from Kiel. rr lili F PROGRESS OF THE WAR. Assaults on Various Positions Around the Beleagured City?Repulsed Last Saturday. St. Petersburg. By Cable.?The following dispatch has been received at the War Office from General Zilinsky: "The following reports have reached here tl.iao Yang) from Port Arthur: 'On June 26tli the Japanese displayed great activity at all their outposts. and in the hope of recapturing the mountains of War-Tsel-Laza (?) which had been taken from them, they attacked, but were again repulsed and our troops now occupy the village ?ii' llciklmlmim northmwt rtf SJia.l'iiii'-. Tao. The er.emy maintained a heavy lire at long range on our left tlank from lheir squadron, which lies in Talien-Wun Bay. in full view of Port Arthur. It consists of a cruiser, two torpedo boat destroyers, and seven nierehant ships, which evidently brought cargoes into the bay. "'On the night of June 24th-Juno 25th tho Japanese torpedo boats reapproached the fortress, and at four in the morning of June 26th the enemy began to cannonade from their vessels in Siao-Ping-Tao Bay, directing their lire towards the whole coast towards the north, from the bay to Mount Uit-Selo, and then attacked in great force, firstly height No. 131; secondly, height No. 126. "'The latter were attacked by a small detachment landed for this purpose. These two positions were held by our riflemen, who, after driving off three attacks with heavy losses, retired, and, being pressed by the en riu ? , f.uil^lll nil I III" IH'I^IllS UL I.outi-Van-Tian. The enemy attacked this position in groat force, employing at least a division, but the assaults were repulsed. "'At 3:30 p. m. the Japanese appeared on the Tort Arthur road in great strength and attacked Kwin i fcjhan (Gain San-Shan). Tho riflemen who held tho right with two battalions, retired. Tho Japanese turned them from tho rear, losing heavily it: tho manoeuvre. Our torpedo boats were of small assistance to us, advan cing on I.oun-Van-Tian and borabaid* ing the coast occupied by the enemy. " 'Our losses were seven ofllcers and about two hundred soldiers killed or wounded. Our mines exploded at the proper time, blowing up at least fifty Japanese. Their losses were evidently considerable. " 'According to tho latest advices, large columns of tho enemy arc i marching from Dalny towards the village of Sttan-Tsan-Hon and Khouint Mount ain. I "'On Juno 117 there was a fusilailo at the Japanese outposts, due to the Japanese establishing themselves on the summit of I.uon-Van-Tian Mountain. On: gunboats proceeded yesterday towards Loun-Vau-Tian and bom barded the shore. " 'Yesterday evening the forts and batteries at Port Arthur opened firs on the Japanese torpedo boats.'" Arrested in Atlanta. Atlanta, (la.. Special.?Jack T. Bone, who shot and billed Z. T. Hall. In Floyd county, ni ar Rome, (la.. June 9. end who was supposed to l>o hiding on Roelt Mountain, was arrested in this city Sunday. Bone stated that he had been with his people here for three weeks and denied the reports that had been circulated to the effect that ho had fortified a position on Rock Mountain and was prepared to resist arrest. He was placed in jail to await the coming of the sheriff of Floyd county. No Ambassy at Vatican. Paris. By Cable.?The budget, committee of the Chamber of Deputies voted Friday for the suppression of the appropriation for the Frenen embassy at the Vatican and also passed a resolution which will be incorporated in the committee's report to the Chamber censuring Premier Combes for his refusal to express the views of the government on the subject. Telegraphic Briefs. Joseph R. Ryan, National Democratic Committeeman from Nevada and head of the Nevada delegation to the Democratic National Convention, died at the Jefferson Hotel, St. Louis, of pneumonia. Rev. Wilbur F. Corkran and Rev. C. S. Baker, of the Wilmington Methodist Episcopal Conference, were convicted of gambling in stocks by a special committee and were suspended until the next session of conference. Booker Washington was the principal speaker at the National Educational Association. Baron Speck von Sternberg delivered an address dt the University of the South. Sewanee. Teun. 'OUT MILL, S, t ? WLI A SWEEPING OPINION j _# Judge Speer Hands Down a Ruling j of W ide Application AGAINST CHAIN-GANG ShNTLNCtS ? United States Court Judge Emory Speer, of Georgia, Orders the Release of a Negro Prisoner Sent Up r?.? ? n ? " ay a nccoraer, r-ioiaing That There Had Been No Finding of Guilt or Innocence by the Official. Macon, Ga., Special.?United States District Judge Emory Speer. of the western division of the southern district of Georgia, has rendered an opinion of far-reaching importance, involv- i ing the authority of municipal courts all over the country to sentence violators of municipal ordinances to local chain-gangs. The case came before Judge Speer on a writ of habeas corpus applied for by Henry Jamison, a negro. for release from the custody of E. A. Wimbish. superintendent of the Bibb county, Ga., chain-gang. Judge Speer in a lengthy opinion decided that tue superintendent was without authority to hold the prisoner and di- i rected his immediate release. In passing on the case Judge Speer called attention to the fact that the commitment from the recorder's court was "a-sentence and nothing more," and that tttere "was no finding of guilt or lajnocenco hy the recorder." The question involved," said Judge Speer, "is whether the recorder of Macon, can, without any sort of criminal pleading, and without'tho intervention of a jury, convict a citizen twice for violation of a municipal ordinance and sentence hint to seven months at hard labor on tho public chain-gang, tbe punishment to be suffered in a branch of the penitentiary." Continuing, he said: "Can it be maintained in the light of the constitution that one man, under any form of procedure, devised or to be devised, by local legislation, can consign men, women and children to a chain-gang for such trivial offenses as are within the jurisdiction of a police magistrate?" Judge Speer severely scored the chaingang methods and said: "Indeed, it may be with entire accuracy declared that the voluminous and exhaustive preparation of the city attorney and tKo * ' mvj Buuacqut'ia examination by tue court has evoked no shred of authority, either American or English, where a sentence by a police magistrate to a public chain-gang, with the ignominous accessories of fetters, the stripes, lash and of the degradation of convict life, has hern sustained or even palliated. Under the American system the chaingang has no place in the jurisdiction and procedure of police courts where trial by ?"*? ' cused." He d< corder * law and infamy, pressed "throng glorious man li niftdc f pie tha prlsone his pee? applies-., w writ of habeas corpus; he humbly seeks the portals of the courts whose judges i are sworn to know no difference between the rich and the poor, where justice ever bends the listening ear to catch the plaint of the humble and the lowly. | "If," he said further, "the prayer i petitioned must be denied, then the statute authorizing the United States / </\t? ~ ~ .1 1 1 >'"uivij nun im: jiiiinCB unci I'UL 10 ISSIIU j tho writ of habeas corpus to protect the rights of the citizen guaranteed by the national constitution, have at last been successfully nullified." Composer of "Dixie" Dies Columbus, O., Special.?A telephone message received Tuesday from Mount Vernon, O., announced the sudden death in that city of Dan Emmett, the old-time minstrel and famous as the composer of "Dixie." Emmett was about 80 years old. His last public appearance v.as made four years ago, when he toured the States with a minstrel cop pan y. Boodlcr Confesses. St. Louis, Special.?It was announced that Charles A. Gutkc, former member rjt the House of Delegates, convicted on a charge of bribery and soon to be tried on another similar barge, today, made a complete con fession of Circuit Attorney Joseph W Folk, in which he declared that for mor Delegate Charles F. Kelly had told him he had received $50,000 for going to Europe when his presence ir., Si. Ivouis jeopardized men of promin cnce. Kelly is also resting under on# conviction and is sortn to be tried ir, another cast. Circuit Attorney Folk attaches great importance to the revelations which have been made by Gutke. Lai J JNKSDAY, -I I'LY ti, I'll LIBERTY OP THE PRESS H? says that Abuse of Liberty of the Press is Rare?Punishable Contempt is Defined. Asheville, N. C\. Special. .1 udge J. C. Prltc.hard. of the I'nited States Circuit Court, has filed his opinion in the case of Mr. Josophus Daniels, editor of the Reloigh News and Observer, who had been fined $2,000 for contempt of court by District Judge Thomas It. Purnell. The case came up on a writ of habeas corpus sued out by Mr. Daniels, who refused to pay the fine and was ordered committed. o imini s opinion is ;i careiui and comprehensive review of the law as applied to newspaper utterances that might he construed as contempt of court. The opinion says that in order to determine whether tho petitioner Is entitled to the relief prayed for in his writ it Is necessary to determine two questions: (1) Did the court which imposed the sentence in his case have jurisdiction and CM Dors this court have jurisdiction to hear and determine this case on a writ of habeas corpus? "The force of public opinion In this country in favor of the freedom of the i press has restrained the free exercise 1 of the power to punish this class of I contempts, and in many jurisdictions ' statutes have been enacted depriving ' the court of the power to punish them. \ It was taken from the Federal "onrts i ?>y the act of Congress of 1831. which ' act deprives tin se courts of the com- | inon-law power to protect by this pro- I <ess tlu ir suitors, witnesses. ofUcers and themselves against the libel of the press, though published and <irculatcd j during the trial of a case therein. "The newspapers sometimes engage J in unwarrantable criticism of the courts cannot be denied," continue^ the Judge. "In some instances they construe the liberty of the picss as a license to authorize them to engage in wholesale abuse of the court, but these installers are rare and do not warrant a departure from tlie well-settled prln- j eiples of the law as declared by Con- ! gress and construed by the courts. If judges charged with the administration of the law are not to be criticised on account of tlicir own conduct tho liberty of the press is abridged and the rights of indivi luals imperiled. "There may he instances when? the . publication ot editorials or other matter in newspapers would bring the author within the limitations of the statute. For instance, if a newspaper should publish an article concerning a trial which was being considered by a jury and should send a copy of the paper containing sueli article to the 1 jury or a member thereof during the progress of the trial for the purpose of influencing them in their decision. It would present a question whether such nr\*\ il u/*l w/inl.l nnf Uo n- L.I?oli-.o!.... the presence of the court or so near thereto as to obstruct the administration tff justice. "It appears that the distinguished Mho adjudged the petitioner to intentpt of court." he concludes, j ed the authority granted in the ! ls:U and that the Court was jurisdiction. Such being the " judgment of the court is void rcfore a nullity. iew of the foregoing, the Court I at the petitioner is unlawfully ed of his liberty, and it is there- , nsidered and ordered by the i [hat i!sc said Josepbus Daniels hargod from the custody of the I I ot the United States and that ... .-.v pence without day." G )Od| if Not Popular Teaching. in his address to the young Black- j s tones and Mansfield.*, of Maryland University's I.av.* School John Brooks ; Leivitt taught a doctrine that will not i command itself to some very eminent and opulrtit members of tlie profession. "No lawyer," he said, "is jnstiiied in nevising schemes by which, under the ' guise of evasions, his clients may real- i ly commit breaches of the law." Life Insurance for Creditors. Macon, Oa.. Special.?The executors of the Plant estate having endorsed, according to the order of the United States court, the life insurance checks | payable to creditors, Receiver Corbin ] was put in possess.on of $73G.4S4. The | court ordered this money deposited in j IS banks in different parts of the State, j Of the amount, about $100,000 is placed i in Macon banks, and the remainder in Augusta, Savannah and Valdosta. No Peace Overtures. Washington, Special.?While the officials here are satisfied from their private advices that the recent visit of King Kdward to his nephew, I3mperor William, was not brought about by a purpose to initiate a movement toward the restoration of peace between Rus- I sia and Japan, there is reason to believe that some very careful and disereet inquiries as to (ho opportunities of some such overtures at this time have emanated from Washington. It ! may be stated that the result lias been j to disclose the fact that neither of the belligerent powers is yet iti a humor to | sue for peare, nor even to entertain I overtures from any third power on that subject. 01. NEWS THROUGHOUT THE COUNTRY Paragraphs of Minor Importance Gathered From Many Sources. Through the South. Judge Spcor. a Federal judge for the district of Georgia, has decided that chain gang sentences cannot be enforced by city governments. Five persons lost their lives in a wreck on the Mexican Central Railroad Sunday. A colored man was lynched at Eupora, Miss., on Saturday for assault on a 14-year-old white girl. The North Carolina State Democratic convention met last week at Greensboro and nominated Hon. H. 11. Glenn, of Forsyth county, for Governor, and Hon. F. D. Winston, of Ilortie, for Lieutenant Governor. All the other I State ofllcors were renominated. Judge \V. A. Hoke and Judge Brown I were nominated for Associate Justices ! of the Supromc Court. The platform ' adopted deals with State and national Issues. An effort to instruct the dele gates to the national convention for i Judge Parker failed. The delegates will observe the unit rule. The convention was the largest In the State's history. Wshington Happenings. A Washington dispatch states that a conflict of authority has arisen between i Lieutenant-Gcneral Chaffee, Chief of Staff, and Major-General Ainswortli, 1 military secretary. On the retirement next month of Gen. P. C. Hains, Col. Constant Williams will be promoted to the grade of brigadier-general. Several other officers will also be promoted to that guide. In the North. Tho examination into the Slocutn horror is closed, and the blame has been fixed. The Vermont Democratic Convention voted down a resolution to instruct the delegation for Parker, but decided the Judge the most available candidate. Mrs. Lawrence C. Philips made an offer to her multi-millionaire husband of Pittsburg, not to oppose his suit for divorce, provided lie would give her $3,hOO.OOO and the custody of her children half the time. Cardinal Satolli officiated at tho wedding of Miss Margaret F. Maloney, of Philadelphia, to Mr. Louis Carberry Pitrhie. of Washington, at Spring Lake. New Jersey. Foreign Affairs. The Russian forces are still on tho ! retreat. General Knropatkin spoke to the i troops at Kai Chow and distributed 230 Si. George crosses. General Kondratsch lost 1,200 men in an engagement with Japanese. Admiral Skrydloff, it was stated, will ' begin an "hggressive naval polic y from ( Vladivostok. The regatta at Kiel was begun. Secretary of State liny sent a de- i mend to Morocco through the Consul- ! General of "l'erdieans alive or Raisuli j dead." An imperial Chinese edict pardoned ell reformers of 1 SOS except three. The cornerstone of a monument to ; Steer de Monts was laid :it Annapolis, I United States of America. Japanese have been hurrying troops into Gensan in order, it was reported, to send an evncditlon northward In i clear Korea of Russians. Several small engagements occur red between the forces of General Kuropatj kin and Kuroki, in which the Japanese had the better of it. The French and German Ministers to ; Haiti were stoned by guards at the palj p.te in Port-ua-Prince, the former being I slightly injured. Emperor William entertained a number of Americans on board Ids yacht at Kiel. Lady Isabel Innes-Ker. sister of the Duke of Roxbutghe, was married to Guy Wilson in London, many Americans being present. Miscellaneous Doings. A movement looking to the nomin j atkn of former President Cleveland 1 at St. Louis is being vigorously put | forward. Kongmoon, the new treaty port open' eel iiy China, has a population of U00,I 000. Minnesota will send an uninstrueied relegation to the Democratic Nation il Convention. I I The Slocum disaster inquiry was continued in New 1'ork and moio bedio" were ' . ? NO. l(i. TREASURY MATTERS Condition of Government's Finances At Close of Fiscal Year SECRETARY SHaW'S STATEMENT Comparison Between Estimated and Actual Receipts and Expenditures ?Actual Receipts, $541,186,745: Actual Expenditures, $527,939,071 ? Available Cash. Washington, Special. ? Sec-rotary Shaw gave out a statement showing he comparison between tin- estimates which he submitted to Congress in his lust annual report aud the actual receipts and disbursements during the fiscal year from which it appears that he actual surplus is only about threefourths of a million less thun the estimated surplus, when aeeount s taken only of expenditures which were considered in submitting the estimutn. In tlio estimate submitted to Congress, no account was taken of possible expenditures ill securing the right of way for the Isthmian canal, nor of the loan of $4,600,000 to the Louisiana Purchase Exposition Company. The estimated roeeipts of the government for the fiscal year were $530000,000; actual receipts, $541,186,715. The estimated expenditures were $.516,000,000; actual expenditures, $.527,980,071. Surplus, estimated. $14. 000.000; actual, $13,247,071. The expenditures are exclusive of $54.000.0ou paiil ou account of the Panama canal and the loan to the Louts lana Purchase Exposition. The available cash, June 30, 1004. # . amounted to $166,005,872. As compared with the fiscal year ended July 1, 1003, these figures show increases and decreases in receipts as follows: r Customs, decrease $21,823,235; Internal revenue, increase $2,320,140. miscellaneous increase, $1,802,014. The civil and miscellaneous expenditures for the year just ended ox ceeded those for the year 1003, including payments on account of tho Panama canal purchase and the St. Louis Exposition loan hy $61,813,602. Tho expenditures on account of tho War Department wore $3,211,807 lass than for 1003, and the expenditures on account. of tho navy were $20,060,271 greater than for 1003. Pensions show an increase of over 3 1 mm mm ,,.i .. ;n. ??,? The I'roliibltioN Ticket. Indianapolis, Special. Tho Prohibition party in national convention Thursday nominated Silas C. Swallow, of Pennsylvania, for President, and George \V. Carroll, of Texas, for Vice-President. The platform was. adopted without argument after a longdeadlock in tho resolutions committee. It was described by A. 11. Ames of Oregon. secretary of the committee as tho broadest platform ever put before the people hy the party. In addition to tite planks 011 the liquor question, it declares the party to he ia favor of international arbitration, a suffrage 1 law based on moral and mental quail- ) (1< aliens, uniform laws for the conn try and dependencies, popular election j of Senators, civil service extension and the initiative and referendum. The trust question was recognized by a rigid, demand for the application of the principles of justice to all organizations of capital and labor. A re form of divorce laws is and polygamy <1< nounced. Con. M ilos put an end tc> the inovornonL to nominate liim for President by sanding to John <?. Woolloy a telegram from Now York, asking thai, his namo lio not presented. The tel,;ram read: "Appreciating (ho good will of yourself and fiicnds, I must earnestly request thai my name he not us?>d in the convention, and that iny letter of June 120 he considered as final. "N F.I.SON A. MIl.KS." This was considered final and the movement to Mr. Swallow was imaii inious, no otlic r name being consider cd. Smallpox In Freight Car. Winchester. Special.?C. If. Jackson, colored, said to be from Martinsburg. W. Va., who arrived here on a Cumberland Valley train, was found to have a virulent yasc of smallpox. Ife was arrested and taken to the pest house. This evening he was placed in the same car he name heie in. which had been sidetracked to he fumigated, and was sent back to Martinsburg. News of the Day. In a formal statement Senator florman denied that he is to enter a combination against Judge Parker or any other candidate for the Democratic nomination. 9 The Navy Department has acquired five it the longest wireless telegraph circuits in the world. Tllaln W. Taylor, a Democrat, and a West Virginian, Mil resign ns chief clerk of the Poatofflce Department. Attorney-General Knox ami Sec rota1 y of Commerce and I.abor Cortlyou attended their last meeting of the Cabinet. , The Bureau of Labor is investigating the labor troubles in Colorado. ran ^