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vol- nil. '■"•t: •- BARNWELL, SOUTH CAROLINA, THURSDAY, AUGUST 17,189Q. NO. <o. COMMITTSB RBPORTS RBSUKrT OP INQUIRIB8. FINDINGS OF NKA.L INVESTIGA TION ARB SUBMIT rED. Loom Management Condemned a*d Conduct ot Farm* and Treatment of Oonvieta Commended. The report of the left Illative com mittee appointed to Investigate Ool. W. A. Neal’s management of the State penitentiary has been filed with the f overnor. The full report follows : o Hon. M. B. MoSweeney, Governor: The general assembly of this State at Its last session passed a concurrent resolution to appoint a committee of two senators and three representatives “ for the purpose of Investigating the affairs of the penitentiary ” with In structions to report to vou. The un dersigned were appointed as said com mittee and organized by electing W. F. Stevenson chairman. It selected John Taylor as expert bookkeeper and Miss M. F. Glbbes as stenographer. Meetings were held from time to time, as It was expedient to do so, as is shown by the record herewith sub mitted. Much testimony was taken bearing on the condition and manage ment of the penitentiary. The matters examined were embraced under three heads : 1. The treatment of the con victs. 2. The condition aad manage ment of the farms and the disposition of farm products. 3. The general financial affairs of the penitentiary proper and the use and disposition made of the assets of the penitentiary proper, Including amounts due to the i 1. As to the treatment of the con victs : We find that Mr. Neal has al ways been an advocate of humanlt, and (that wherever the treatment ol convicts cams under his personal supervision there Is no doubt of their kind and humane treatment. One In stance of very severe whipping Is re ported as beiog given by ons subordi nate, Mr. J J. Cooley, for which Mr. Neal is not responsible. We wish to res pons! commend the methods used by Mr Miller, manager of the Lexington farm, la this particular : His manage ment has reduced the necessity for whipping to a minimum, and yst be gets sxoelleat results. While we know that the convict must be controlled we feel that the dictates of humanity re quire that the unfortunate who Is without character or legal standing and without friends or hope of redress should be treated with all the const deratios which strict discipline will allow. We are glad to be able to report that Mr. Neal has always shown his desire to do his full duty by the convicts from a humanitarian stand- * point. i. Ws find the farming property in fine condition, well stocked and well cultivated ; largo crops are mads, aad vAuabls Improvements la the way of buildings and dykes aad ditching aad clearing have been made during his administration. The superintendent d seer van commendation for the ener getic aad skillful management of the affairs and improvements mads on the property, both on the farms and at the penitentiary Itself. The DeSaussure and Held farms have been paid for under the administration of Mr. Neal. We are not prepared to say that .he farming business, however, Is profit able. There has been, for Instance, for the year of lt$b an average sf 13V bands used on the Held and DeSaus sure farm*. The evidence Is that they will pay 160 per year per head when hired out, making |d,V60 net from their hire. The total products from these farms for 18VH as reported by the board was $41,013.95. The cash re turned from the farm produce of De- Sauwure and Held farms, pages 24 aad 11, Is $12.735,56; ninety-nine bides of cotton on hand January 1st. 188V j there was possibly on head at that time un der a liberal estimats $7,000 worth of other produce, making a total of 122.- 210.65 accounted for, and leaving a bal ance of $18,803 40 which must have been consumed. Now, this crop cost, therefore, the hire of convicts, $6,850; accounts paid for the two farms, $20,068; rent of land, estimating it at one quar ter of the crop, $10,250 40; produce consumed In 'the making, $18,803.40. •The crops cost, therefore, $56,076 27 ; the value of the crop, $41,013.85, leav ing a deficit of $15,062 32. From this should be deducted the value of per manent Improvements ^claimed as being made during the year (see ex hibit A), $1,000, leaving an apparent deficit of $14,06l32. To this should be added the Interest on the equipment, which Is valued by the directors at $26,000, on page 21 of the report of 1887. which, at 6 per cent,, would be $1,680, making a total deficit of $16 562 32. From this, of course, should be deducted the obrn and oats bacon furnished to the penlten Itself, which, at a liberal estimate from the testimony before us, could not exceed $5,000 from the crop of 1888, which would necessarily leave a loss of $lp,562 32 from farming operations on those two farms. 3. As to the general financial affairs of the penitentiary proper and the use and disposition made of the assets, etc., we are constrained to report that the Investigation has brought forth a state of affairs which Is not creditable. In > the first place It will be found by t close examination of the testimony taken that the directors knew too lit tle of the affairs of the institution and were too subMrvlent to the will of the superintendent. The fact that there were about $4,600 of Ragsdale notes la the bank with the penitentiary en dorsement reprsMntlng convict hire for two years on Mr. Neal's place, white the directors thought the hire had been paid, shows that their know ledge oh the affairs of the Institution was entirely superficial. The fact that they paid him $10 a month stable rent for six years and two months for allow ing penitentiary horses to stand In hi« stables, where they were kept purely for his convenience, aad now profess not to know they were paying It Is an other evidence of the somnolence of - their faculties when approving ae counts. They either knew that such was the case, or they did not know it. If they knew they were paying It, they . were deliberately yielding to Mr. Neal’s desire for money, to which he was not entitled, aad were therefore ' culpable, or, If they didn’t know It, they were approving aad paying an item monthly for several years which was wrong and never found out Either supposition Is sufficiently humiliating. We would note here that we know of no law authorizing the directors to keep a lot of horses and carriages for the use of the superintendent’s family, and we regard it as an unwarranted extravagance. The evidence here Is tbatf the bookkeeper had to use his horse on penitentiary business, for which the State fed him In part, while the horses for whose stable rent we were - paying handsomely were being used by the superintendent’s family. The evidence is that there was stable room for these horses at the peniten tiary. The custom of entertaining largely at the penitentiary grew up also under Mr. Neal. Crowds ate there free at the bounty of the State, making the taxpayers their hotel keepers, and exercising a thrifty Instinct to get all they could at the public credit. Un fortunately the board of directors set the example by boarding themselves there, thus adding to the pay allowed by the law the further provision of hotel bills. In justice to the board,, however, we will say that after this Investigation was begun and that mat ter was brought out they decided to discontinue that practice and pay their own board. This Is as It should be. The lavish entertainment there, though, was such as should not be to lerated again. Politicians, contrac tors, State constables, and personal friends all found h welcoms and good chrer there. The result has been that the institution came to be considered as a place where any accommodation desired could be had, and as a result we find many things to report as wrong. We find that he has given away many articles produced by the penitentiary to prom 1 cent men, such m a bookcase to Congressman Latimer, furniture to D. H. Tompkins, secre tary of State, and T. J. Cunningham and 8. P. J. Garris, directors, and Senator Tillman, wpo also got a car load of brick, which he says Neal gave him, but which Nesd says he sold him. Most of these articles Neal now pro fesses to be ready to pay for, although he had never charged himself with them up to the institution of this In vestigation. Mr.-Garris also gpt a carload of brickbats aad some pigs and turnips, for which Mr. Neal does set think he should pay. Mr. Garris had been anxious to settle the pig bill, but could not get It made out, aad the other items were mere presents and they contend were worthless. We do not think It wise, though, for directors to be accepting even valus less pre-eats from the peD.u-utlary. If Mr. Neal had paid (or these things when ha gave them away, It Isa questionable practice for aa officer to be making J ireeente to public man, bet when be alls to pay for them aad, takes the Slate’s property and gives it to public men he does two wrongs, he misappro priates public property aad attempts, apparently, to ooetrol the Influence of public men by the use of It. Further than that, he has allowed tha gover nor* of the State during his adminis tration all to get such things as they desired from the penitentiary, aad has neither presented the bills for them nor plac d them la the assets aad on the regular books. A list of their ao counts which he should have presented aad collected or published In the list of accounts due Is hereto attached. He has himself, also, takes supplies to a large amount »t a vary low price and has never paid for thein, an account of them being also sat-forth In this re- C t We find also that there has n a rule that the superintendent shall be furnished with wood aad coal free. This Is not warranted by law, aad is merely another device to in crease the salaty of the superintendent contrary to law. Again, the gover nors have bMo allowed the use of con victs, tools and stock to cultivate land near the city, aad this bus not been charged to them. This 1s excused by Mr. Neal Is ex officio chairman of directors and has la consequence al ways gotten what he Mked for. If that Is correct, it is time that the gov ernor should be taken off the bo>rd. We do not refer In speaking of the cultivating of land to the patch around the governor’s mansion, which Is public property and properly eultlvat- to indi \ on the plea that the governor the ooard of ed by convicts, farms outside. but dependent Again, the board had a steam laun K**as. auu uuv i u umka as 9 woreux established In the penitentiary and ■nted by the convicts, Mr. Neal and dry operated by Governor Etlerbe have both had their family, washing done there ever since free, until the termination of Mr. Neal’s term of office. Now, while It Is dis agreeable to refer to these matters, tyn deem It our duty to call them to the attention of the general assembly. If the governor’s salary Is too small It should be Increased by the general mbly, not supplemented by the nltentlary. If not too small the gov- should be satisfied therewith, me remarks apply to the other officers mentioned. It should be a plea • sure to those gentlemen who have re ceived these things from the State to make reparation anl the lesson should be learned once for all that a public officer, because he Is a public officer, has no more right to the property of •he State than the humblest citizen, and when he attempts to give it away to prominent men the Inference prop erly deductible-’ Is that he Is bartering It for their influence, and they should be above suspicion and keep them selves so by declining such presents Any other course breeds distrust In the people of their rulers, and when that thoroughly permeates the masses spect for law and order perishes aad It becomes a question of who can get the most out of the government, and high office is sought not from motives of. patriotism, but of plunder. We think the penitentiary authorities should proceed at once to ascertain the value of the assets thus given away and present bills for them to the par ties who received them, many of whom have professed willingness and desire to pay for them, and If possible save all such Items. This should by no means prevent their holding the bond ot the superlntendeht liable for such things as are not settled for. He misappropriated the assets aad should account for them. There is another matter which daMrves attention in our general remarks. The management, it seems has been reolvlaf favors and granting them in return. It should pay for all assistance it gets and then charge for all matters rendered. The Case of Hon. J. W. Ashley is in poiut. He furnished transportation for the of ficials, making no charge; in return his horse was boarded at the peniten tiary during the session of 1888 of the Legislature. While this may be very, convenient, it is not business. If Mr. Ashley’s favors were worth receiving they should be worth paying for, and likewise the board of the horse Is worth paying for. This free and easy method of balancing one against the other will render It Impossible to as certain at any given time the liabili ties of the penitentiary. No one will be able to aaoei tain what the unre- turned favors received at tbe hands of the friends of the superintendent are worth, nor when the Institution will be called upon to board man or horse in return. It amounts to a reciprocity treaty hetwMfi the superintendent and his friends, which may Involve the In stitution In endless liability and ex- pene. it should be stopped. Another unbusinesslike feature of the manage ment Is the contract of the Institution with the knitting mill company In the penitentiary. They give the mill a 25 horse power motor and pay the eleo- trloal company for 26 horse power and are to charge the mill only what power It uses. Tney have not settled in five years aad haven’t even put In a meter to be able to tell how much power has tmen used. Now, tbe mill company wants to settle at 10 horse power. The directors don't know what was used and have paid for 25 horse power. This Is unbusinesslike and negligent. In our opinion. Now, as to Mr. Neal’s finan cial transactions and his moral obli quity la the matter. In the first place. In the face of the plain spirit of the law he arranged aa ■n—sy he became superintendent to have his kinsman and creditor, J. Belton Watson, take charge of his plantation In Anderson County and procured for him convicts to work It and agreed that the net pro ceeds, after paying for the convict labor and the farm expenses, should be ap plied to his debt to Watson, and he was thus to get the advantage of all profit made by the convicts labor, Indi rectly hiring them'to himself. The law enjoins upon him the duty of watching tboee who hire convicts, preventing op pression aad ea.'orciag the rule that they shall be humanely treated, care fully attended by physicians and not required to labor more than tan hours a day, nor on Sundays aad holidays. Sections 566 and 668, Vol. 2, Rsv. State, of 1888. Tbe plain intent of tbe law Is that he shall not hire them to himself, directly or Indirectly, or be p«r*oo»lly Inter ested In the amount of work done. Tbe net proceeds being his, the tendency would be to give Watson the best la bor, work It over time and report ae much lost time aa possible. Having run under this contract for the years 1883, 1884, 1886, he had bis debt re duced as a result froni $17,000 to $14,- 000 (Sm Exhibit H). Then be -took a contract from Watson (Ex. H) whersby sxcluslva control was returned to him, but tbs convicts wsre hired to Mr. Watson (See Ex. G), and no bond was taken from Watson. This was plainly done to mislead tbs board of directors he frankly admits that tney would not have hired them tohlm. Thus be the master, tbe contractor in fact, with Watson as a stalking horse. All the profits Inured to his benefit. Instead of paying the State for the con vict hire for 1886 he toon a worthless note of his foreman, onn Hagsda'e, and endorsed It as superintendent of the penitentiary, borrowed money on It and returned It as cash received. The note has never been paid and the bank threatens the penitentiary with suit for It. Tne same thing occurred in 1887 with another Ragsdale note aad a 1888 no pretence of payment has bean made. The net proceeds of the farming operations for 1886 and 1887 were paid to Mr. Watson on Mr. Neal’s debt to him, except $1,465.86, for which Mr. Neal gave Watson a receipt aa superintendent, and which was not turned Into the treasury, but which Is covered by one of the Ragsdale notes. The State has been left out for the en tire three years aad In 1898 neither Watson nor tbe State has bren paid anything. Id November, 1885, Mr. Neal collected of V. Q. Hammond $500 on convict hire, which he kept and used. In December, 1886, he collected from Cooley A Fowler $500 convict hire, which he also used. In Febru ary, 1887, he collected from these two firms over $13,000 and deposited to his own credit and used $636.85 of the same He collected from J. J. Fretwell $387.17 for oats (Ex, M) and failed to pay It in He gave a check to the bookkeeper for $172 to balance his account for cash in hand and there was nothing la bank to pay li and it has not been paid He took a note gf W. W. Russell for $600 for his own accommodation aad endorsed It as superintendent of the nltentlary and placed It in bank, and never been paid, the bank is after the penitentiary for the mone; and Mr. Neal admits that he is llab! therefor. He collected $740 stable rent, which was unauthorized, but which he claims was allowed by the board of directors, which they deny, and which appears to have been ap proved in the prison pay roll. He has ! ;otten supplies from the penitentiary or which he has not paid, amounting to $638.29. His family washing has not been paid for and he got a carload of cotton seed to plant, which he should pay for. All these matters, ta ken with presents of State property to his friends and his having his super intendent, Ragsdale, to furnish the oows to the penitentiary at a big profit, which profit Mr. Neal got, his keeping open house for his friendsat the peni tentiary at the State’s expense, stamp him as being utterlv faculty of distinguishing between what is his aad what l#'the State’s acoom- paaled with a remarkable faculty of being generous with the State*’ assets IT and he cannot take either aad refuse to pay for it. A conversion of one Is i he same as the conversion of the other. We also condemn the practice of the superintendent’s endorsing paper as superintendent aad thereby pledging the credit of the penitentiary without express. authority from the board of directors in each instance. We espe cially condemn Mr. Neal’s action la en dorsing ati $860 note for J. B. Watson and thus making the penitentiary bor row that amount of money merely for Watson’s aooemmodation. We also condemn its use in the Ragsdale notes and W. W. Russell note. The following are the amounts now admitted by Mr. Neal to be due from ilm to the penitentiary, it being ac knowledged that there is a shortage to that extent: J. 8. Fowler $ 600 00 W. Q. Hammond...ttttt.;.*... 500 00 ~'owler A Hammond 538 85 W. W. Russell note 600 00 Collected from \ for brick sold a far ra...................... I’lve bookcases at $12 each... One hatraek Six small tables at $2 each. One bedstead Painting furniture at home, bushels cotton at 16c » sss e • s < account for 6 700 bust bushel Commissary • s • • Check unpaid and stated by Hurries as carried as cash.... Collected of J. J. Fretwell for oats, April, 1888 Total..."..•r........^........$3,584 41 We find that he is liable la addition for the following amounts, which are contested by him : Convict hire oe the Watsoe contract for the years 1886, 1887 aad 1888 $7,400 00 We think he should refund stable rent which should never (tave been paid.Art.. 740 88 tlary the not beau | lag generous with the SV and especially to hiailblf. We hold that both W. A. Neal aad J. B. Watson are liable for the convict hire for con vlcts to be worked on Neal's plantation for the years 1886, 1897 and 1888, for the reason that Watson contracted to pay for them aad Neal got the benefit of the labor and violated his duty in procuring them to be worked for his benefit and deceiving the board of dl rectors. Their labor was aa asset of the penitentiary as much ns the pro ducts of the labor oa the State farm, Greenville and then to Saluda, where they were received Aug. 5, after the committee had adjourned. Senator f Uimaa's letter was ss fol lows : Tuknton, 8. C., Aug., 1. Dear Sir: Your letter of June 24 enclosing copy of the account on the commissary book at the penitentiary*, received. I havS no recollection of any these matters, and am morally oer- t tin that I paid everything I owed the Penitentiary when I left Columbia at he expiration Of my term ns Governor. Besides, I left all the corn and hay ! had on hand at the executive mansion with the understanding that governor Evaas would take it and pay for it, but he told me that Col. Neal used it. The mansion was unoccupied for several weeks after I left, undergoing some refitting and overhauling, and Neal probably removed It for safekeeping, do not feel that I owe tbe State tlpned. ollect 40 00 60 00 10 00 12 00 10 00 10 00 10B 00 638 28 172 00 387 17 to $164 11 181 14 $7 06 72 00 $11,724 41 There appears to be due the penlten- the following Items which have properly charged oa the books or collected, being found oe aa old brickyard book and commissary book which the parties are no doubt reedy to settle oa presentation of bills: Hon. W. H. Ellerbe, commis sary account Hoe. Jobs Gary Evaas. com missary account-.'.... Hon. B. R. Tillman, commis sary account Hon. B. R. Tillman, carload of brick • • •••••..•• senses*— • • • e^kJtH Hoe. B. R. Tillman, oats, ao amount given ; he simply In forms us that he owes for them aad we do sot find any record of it We append ss Exhibit A a statement of the prooerty purchased, improve ments made aad labor furnished to ublic Institutions by the pealteatlary urlag Mr. Neal’s aJministration, ag gregating la all $176,846.17, being the value placed upoa the same la the re ports of the board for the six years. Tbe evidence taken Is herewith sub mitted. Tbe proper steps to be takes as a result of this report aad the evi dence will be determined ao doubt by yourself and tbe ettoreey ffeeeral. Respectfully submitted, W F. Stevenson, J. T. Hat, Knox Livinobton, Thou F. McDow, H. Cow per Patton, exhibit a’S Report 1883 - . Clemson College convicts cesb for guards, etc $ 3,118 49 p. 6. Two Electric motor*, etc 2,000 00 7. Convicts Clemson ool lege aad guard hire 14,680 00 p. 7. Convicts, guard hire, etc. for Wlnthrop 10,880 00 city out Report 1884. i. 6. OL $30,678 48 Old hosiery mill (over hauling) $ 4,000 00 6. New hosiery mill rebuilt 15,600 00 p. 6. Improvements In yard, Inclusive of above Items. .30,000 00 7. 7 bend mules and horses 700 00 p. 7. Labor and cash to ool- leges.... 22,862 32 163,662 32 Report 1886. 7. 68 mules for State farm, engines, gins, wagons, tools, farming Imple ments $12,000 00 p. 8. To oolluges, labor, cash, etcIX, 114 36 V $28,114 36 Improvements peniten tiary proper, haras, sta bles, sheds, etc .$ 1,000 00 Prison building and other Improvem’ts Inside yard 1,000 00 Buildings at Reed farm.. 2,600 0$ DeSaussure place, quar ters for guards, dining room, smoke house, hay sheds, grist mill, eaglnv, boilers, guano house on railroad, etc 2,100 00 $10,600 00 800 00 Report 1887. p. 19. New laundry complete,$ Reed farm, new barn for mules, hospital building, lot fencing, fencing 400 acre pasture land 6,000 00 $6,800 00 Report 1886. Report of board ot directors oa pages 5 and 6. Paid purchase real estate with Interest accruing on pur- chare money $36,000 00 Building dykas, clearing land etc 10,000 00 ^. $48,000 00 TILLMAN AMD EVANS WUITE. Senator Tillman and ex-Governor John Gary Evaas aever did come be fore the oommittee. The seaator wrote a letter to the oommittee in Jane, bat Mr. Evans was not heard from anti n day or ao ago. Both be aed Mr. Til — wrote Chairman Staveaeon at Charaw under date of Aug. 1. These letters followed Mr: Steveasosi . showing that any one of eight hundred officers of the French army might, had he felt so la- cllned. obtained the Information ooo- | talaea in the five documents mentioned in the borderenu. In the first place, ivthing on that score. The brli brick I am willing to pay for at the price I could have bought them In Augusta at she time, $4 at the kiln, or i 6 delivered at Trenton. I paid the l relght oa the carload of brlok which Col. Neal shipped me. Respectfully, B. R. Tillman. Ex-Governor Evans writes as fol lows: Waterbuby, Conn., July 30. Hoc. W. F. Stevenson, Cheraw, 8. C. My Dear Sir : Your letter In refer ence to the penitentiary Investigation is handed me by my brother while Edgefield, and tbe reason 1 had not aawered before Is that I fully Intended be with you at the next eeeelon of your oommittee. Cl reams tanoes over which I have no control will prevent y being with you ns anticipated. Bo far as the statement that ”1 worked ooavlcts upon my farm” Is oon- oerned, I am satisfied that you have led ample proof of Ite absurdity. I had ap farm upon my occupancy of the ’Overaor’s mansion. I was Informed ij the superlnteedeat of the peniten tiary that my predeoeeeor had rented a small plat of ground, about fire acres, or near the city limits, aad that hs ths superintendent) had sown for the ’overaor end made rough forage for ils horse, aad that he would make the » terms with me If I desired. 1 Id so, aad paid the owner, Mr. Geo. I. Newman, $30 root and have his re ceipt. So far ue the harvest was con cerned, it wee pretty expensive, an my share was not sufficient to reimburse ms for the rent. The property being lots, however, I suopore we got as light us most “Belgian block farmers.” An to the account I owe tbe maaage- ment of the pealteatiery. I will state l or the information of your oommittee tfiai the articles I purchased were at market prices, *uch re aay ordinary citizen could buy, aad It wee no espe cial favor to me. The eooount will be paid when a cor rect bill Is rendered, ead cot before. Is ao fault of mlna that It has not been settled before. I am sorry that 1 cannot bn wltb you, an I would gladly ndnr you aay reslstaaoe la my pownr. would respectfully call your uttea- to my mreoagee to the General Assembly aad their reference* to the management of the penitentiary. With assures oe of my high eel for you aad your oommittee, I am Rcepectfully ypurs. John Gary Evans. 1884 they possssnsd proof of Drey fus’s guilt. Much confusion will also bn avoided I f It be kept In mind that the Issue relegated by the Court of Caseation to the Rennes Court-martial for trial Is narrowed down to the single question Cept. Dreyfus was an artillery officer,’ whether or not Cept. Dreyfus oommnnl- and It was highly Improbable that he oated to a foreign power the precise could have mads such a teehol- documents enumerated In the border-1 oal blunder ae to refer to th eau. It will be recollected that the tordereau Is the memorandum without date or elgnature written oa very pe culiar water marked tisane paper, which upon the evldenoe of the late Col. Henry, the forger, was discovered n slips in the waste paper basket of Ool. von Sohwnrtnkoppen, then mili tary attache at the Germau embassy a Paris, and, after being pot together by Ool. Henry, formed the basis of the original charges against Cept. fus. There Is nothing In the bord eau to show that Cept. Dreyfus find been following treasonable practices, itht or to connect him In any manner with t, beyond an alleged similarity be-j tween the handwriting of Dreyfus and that of the author of the--bordereau. he Court of Cassation has decided that tbe bordereau was written by Evterhnsy, and not by Dreyfus. The Court of Cessation has already passed judgment upon all the other ivldenoe adduced against Dreyfus in .884, Including the confession of guilt nlsely alleged to have been made by Jreyfus la January, 1886, to Capt. Lebrun- Rennud and to Sergt. Depart, ae well an t. e famous secret dollar, with Ite forgeries aad criminally mani pulated documents. All that Is legally eft standing after the elimination by ths Court of Cassation of the Irregular ities that Vitiated th* conviction of 884 Is the bordereau, which the Court of Caseation on June 3, declared was not written by Dreyfus. Tbs functions of tbs Rennes Court-martial are now united to hearing evidence aad de ciding upon th* subject of th* alleged nlcetU * THE DREYFUB TRIAL <Jeeettoas oe uai Hlenee- W filch the Court -A Heenmeof e Fi Mar From Tbe New York Tribune. Parib, July 26.—As the day appoint ed for tbe retrial of Capt. Dreyfus be fore the Permanent Court-martial of the 10th military circumscription at Hennas draws near It may be uaeful to give a summary of th* judical aspects of th* case created by the judgment of th* Court of Cassation, sitting In full beach, pronounced on June 3, by virtue of which the retrial was Instituted, and by the Instructions sent on July 19 by (ten. D* Galllfet, minister of war. to Ma- , or Carrier*, commissioner of the gov ernment at tbe Hennas Court-maiAisl, regulating the procedure so ns to pre vent the military tribunal coming into ooofllot with the Court of Cessation, which in Itself would vltate whatever udgmeat might .be rendered by the ormer. Th* usual Court-martial hoar is 9 n. but ns the trial comes off daring ths ” dog days ” and takes place In the Sail* du Manutentlon—an ill ventilated room In the military bekei/ buildings f the prison—Gen. Luoas, oom- ad joining mending the’10th army oorps, after consultation with Col. Jouast, president of the Court martial, has decided that the proceedings shall begin every morning at 6.30 o’clock and terminate at noon. There will be no afternoon evening sessions. Tbe celling of the Salle du Manutentlon Is but little over eight feet high. If the present weather lasts the oourt room will become a variable oven, almost equalling the temperature of Devil’s Island. The Ideal oourt room woulc have been la the Palais d$ Justice, near by, but unfortunately -this spacious building is separated from the prison so that Capt. Dreyfus would have to be conducted to and fro across tbe street, thereby affording opportunities for popular demonstrations, which the an thorltles are determined to avoid. It should be borne In mind when reading the accounts of the Doming trial that one of tbe consequences of the judgment delivered by the Court o Cassation on June 3 has been to shift the burden of proof jfrom the prisoner to' the prosecution. At the Court martial of 1884 it was inoumbent upon Capt. Dreyfus to prove that be was in nocent of the charges brought against him. This was In aooordaooe with French law, which places the burden of proof upon tbe accused, aad, need ■ pi . Drey fas, who has already donned French artillery uniform, will appear as an officer who has been Illegally condemned, and will not bn obliged to prove his innocence. It will be for the prosecution to prove that be isgulffiy. .Thai within certain limit# the aodfis- ers of 1884 will become the accused the Rennes Court-martial la 1888, sm i it will be* for them to establish that that the plans oal blunder ae to refer %6 the hydro pneumatic brake of the “120court” as th* “ pneumatic brake,” ae stated ie the bordereau. Moreover, it bos been boacluslvely shown by Maitre Mornard that as long ago as August, 1894, cir culars had Dean Issued at Chalons aad elsewhere, for the use of offioers dur ing tha manoeuvres, giving descrip tions, with lithographs of four of the five subjects referred to In the border- end as to the note aoont the campaign, It is notorious s of that campaign were In council at no lees than different ministries—th* ministry of war, ssarlne, colonies and foreign affairs—and that over five hundred different individuals' la Parts wbre fully oMnisaot of Its details. The five vital points enumerated In th* bordereau have thus been con sidered at length, because they form th* pivot npon which th* judgment of th* forthcoming trial at Rennes de- K ds. They embody all that th* rt of Cessation has left steading of the charges made la 1884 against Capt. Dreyfus. If tne prosecution succeeds in proving that Cspt. Dreyfus handed over to a foreign power any oae of tne five documents mcntlooel in th* bor dereau, Capt. Dreyfus must be con demned ae e traitor aad Iran*ported back again to Devil’s Island. If, on the contrary, aad this seems now al most ajoertelaty, the prosecut.on fail to establish that Capt. Dreyfus delivered aay of the five documents to a foreign* power, he most be acquitted. communication by Capt. Dreyfus to a C wer of th* documents sna the bordereau, bow know* to have been written by Esterbasy, as he himself has confessed. It should be remembered that Dreyfus was un acquainted with Eiterhasv when th* bordereau wee written, aau It nmy be sale to predict that It will be practi cally impossible for th* prosecution to prove at th* forthcoming trial at tenne* that Capt. Drefus headed over to a foreign power th* doeameats la question. Much will doubtless be heard of these documents at ths Reaaes trial, -and It may be worth while to mentloe them.' Tfcev are five la number. First. A description of tbe hydraulic brake ol the field gun known la tbs. w _ French service as th* ” 120 court," and note* upoa th* ooa*traction of Its ear- 1 rlage. Th* “ 120 ooart" Is ths heaviest sn used by the Preach field artillery, ts gun carriage Is Ingeniously con trived, eo as to travel over ploughed ields aad “ across country.” Th* pro- ectlles were formerly loaded with melinite, but dyoemlt* Is now used for this purpose, aad reoesl experiments made near Mentone with dynamite •bells fired from the ” 120 oourt” gues are said to have pulverised eeveral thousand cubic metres of solid rook. Seoood. A memorandum ooeoeralag th* “ troupes de convertor*," (troop* n case of mobilisation to be thrown toward ths frontier so m to cover th* actual mobilization,) with modifications according to the latest plaa. Third. A note describing th* change* adopted la the artillery for malice. This refers to ths distribution of bat teries at the commenoement of mobili zation among tbe divisions of th* army corps ) Fourth. A paper on the Madagascar .mpalga. Fifth. A draft of ths maoual of field artillery fire, dated March 14, 1884. In th* report of Presldeat Ballot- Beeupre, th* conclusions of which were adopted by the Court of Cnssa- a portion of th* record of the Court-martial of 1894 Is cited, from which it appears that on November 27, 1884, Command an wl’Ormeeoh villa (th* officer who framed th* Indictment upen blob Dreyfus was convicted) showed Dreyfus th* original of th* bordereau. Dreyfus resolutely denied ever having leea tbe dooumeat before, nod ex- tlalned la detail why it was materially mposeiblt that he could have written li. When questioned about each of the five dooumeat* enumerated .la the bordereau the answers of Dreyfus ware as follows: (1) “ Never at aay period of my oareer have I had la my posses •Ion any dooumeat relating to the hydraulic brake or the carriage of the 120. The last time that I saw the 120 while I was at the Eoole de The New Cotton TAturr.'-Tbe State railroad oommlssioa he* made K bllc Us new stoedard tariff of cotton ight rates, which becomes effective August 26. The tariff provides for a reduction of from 26 to 36 per osni oa th* present late, which was estab- llshnd whan the State was prod lin ing not mom than 400,000 bales of cot-' Starting out with a rate of 6 cents for heals of 10 miles and under the tar iff Increases five miles at n time, the rate leoraeslag with It one cent at each lump up to 100 miles. The mile age then jsmps by toss up to 200, th* 8o-to-100 rat* being 25 cent*, Increas ing oe* cent for each jump until tbe 200 mark 1s reached that being the earns as 170-to-180 rate—$4 cents. Be- 200 miles the mlinage jumps are at a time and th* rate ladNMIs a he rat* li cent for each 20 miles, the final 300-to- 320 rate being 40 oenU. . This Is said to be the lowest cotton freight tariff of aay sow la op eration In ths United States. It was prepared end adopted by the oommls- eioa only after a thorough study of th* queetioe aad after numerous hearings accorded th* railroad traffic managers. Ths new rale will mesa much to tha farming and the cotton mill Interests: Thb Cause or the Philippine War.—Tbs direct cause of the rebel lion was not excess I vs taxation, priest craft, Industrial dissent, or military oensortptloo, but all of these working through what Spanish writers call * politlqulsmo,” aad describe as the root of all evil In th* colonies. “ Poll- tlqulsmo ” Is political dlscussloe with e view to reform, ead demands for poli tical and personal liberties. Before Magellan reached the Pacific, the Tagalos had laws, letters, end foreign commerce; for three hundred years they hare practised forms of religion established by Philip II., aad hare bean as good Christians as can be pro duced by compulsion. The Tagalo language Is spoken by some millions of the most active and progressive la- habituate, and it Is fit for modern uses, both In literature and business. Spanish Is not understood by one-tenth of the civilized natives. The slow progress of education, however, end the admis sion of natives to aoaCeml(\jtending as advocates aad doctors, or even as no taries, pharmacists, aad schoolmasters, let In some light from the modern world. Many of the reforma demanded were covered by liberal laws enacted la Spain.—Ear per* Magazine. gun Gue ureau, anu it was nut until oeptemoer iat I was charged with the work of iperlnteadlng the classification of do- aments relating to the ‘ oouverture.’" At the North Pole.—If the North Pole Is ever reached, the adventurous spirits who get there will, find that they hare actually outstripped Father Time altogether—in fact, ae will have given up the race entirely, for at the northern and southern extremities of tbe earth’s axis there Is no fixed time at alL At aay moment It can bn either noon or midnight, breakfast time or supper time, work time or play time, whichever you like. Clooks wilPbe a<-r fraud aad a delusion, for at thd pda all degrees of longitude converge late one. aad therefore all times. The pos sibilities of snob a position are endless. Not only, too, will the docks be out of time, but the calender as well. It oaa be at wiU either yesterday, today or tomorrow. uerre; I saw It aa repos; I have aever seen tbe piece fired.” (2) “Sinoe Jan uary I, 1894, until Jaly of the same ear, I was employed at the second ureau. During that entire time I never had any work to do in relation to the ’ oouverture.’ I have never bad la my possession any dooumeat upon this question. It was not until Jaly of the same year that I entered the third bureau, and it was not until September su cuments relating (3) (In regari to the note relating to a modification la tho artillery forma tion.) “In the month of Jane Loaly knew but one thing In this connection, and that was the suppression of two regiments of artillery pontooners and the creation of twenty-eight new bat teries. As to tbe campaign formations of tha artillery I was Ignorant of them then and l am still Ignorant of them today. Moreover according to oae of the questions la aa interrogatory, these campaign formations for artil lery did not reach the staff until the month of June.” (4) “Neverat nay time have I read or had In my heads any document about the Madagascar campaign.” (5) “ Never at aay time have 1 had this manual of field artillery fire in my possession. 1 was not even aware of its publication.” Such were the statements made by OepL Dreyfus on November 27,1894, in regard' to the five document* enu merated la the borderaa. ■ ' In this connection it should bn re membered £thnt Muttra Mornard, at the hearing before th* Court of Cae-, satlon on June 1, 1889, submitted oyI- “M»*ff™t70udonYi denoe cited from the record of thal ^ Court-martial of 1894, aad from the re- ?????, cord of the laveetlgatloe proceeding* I -tiJr osin. It of the criminal chamber of tha Ooart | the eexassaz —Eighteen months ago a party of 13 took ship from Boston for Alaska. Thev had a journey around the Horn of 165 davs, encountered e succession of frightful tropical storms, aad lost one man overboard. Arrived in Alas ka, they found no gold to had tbe scurvy, lost their sandbar in Resurrection Bay, aad the survivors are bow coming home broke. The Thirteen .Club ought to welcome them back with a dinner. speak of, ship oe a r. aad tbe CASTOR IA 'Tor Infants and Children. Dl KM Yn HM Alvi|t BmU