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% TO INVOKE GOURTS For Probing Alleged Crooked Work in Equitable Affairs. I , JEROME TO TAKE A HAND j 5 Governor Higgins, in Letter to New > York District Attorney, Suggests Such Action?Case Without a Parallel. I The regular vacation of the court of general sessions in New York will be suspended this year so that the | v court may be available if District At- : torney Jerome begins prosecution in connection with the affairs of the j Equitable Life Assurance Society. This 1 action was taken upon the request of ; District Attorney Jerome. District Attorney Jerome, in making : his motion to suspend the court's va- j cation, said he had a letter from ! i Governor Higgins, offering to place j the evidence obtained by the superin- i tendent of insurance, Hendricks, at Mr. Jerome's disposal. Mr. Jerome added: "It is my desire to have that evidence, and it is my intention to go through it very thoroughly. "The widespread attention called to this matter makes it mandatory on ! r me to examine the whole affair. I am not in a position to know whether there has been a violation of the law, but it is my duty to find out. Before the governor addressed his letter to ! me I had the matter under con- ! sideration, having sent for a copy of the omciai repon 01 ice mvesuga- j a tion. It may be that there is noth- ; ing in this affair to call for the action ! of this court. "It .is unusual for the governor to ' address such a letter as this to the district attorney, and it focuses pub\ lie attention pon me. I have made arrangements with Justice Day of the criminal branch of the supreme court, and he will continue the June term of that court through the summer. The powers of both courts can, If necessary, be invoked. It will take me 3ome time to learn whether I will need the assistance of the courts or not" Attorney Julius Ma Meyer was at his office Friday engaged in going over the proceedings of the investigation of the Equitable Society. When asked hqw soon he would begin action against the Equitable officers -it scored in the Hendricks report, Mr. Meyer replied: "Action will be taken as soon as it is physically possible, and it will not be a matter of weeks, but of days c|-.ly, before we will be ready. Not i only have I got to go over the Hen- j dricks report, but the testimony which j y . preceded that report upon which the report is based." He was of an opinion that separate I action would be taken, one for the j yr". restitution of the funds wrongfully j elicited and another for the debarment J proceedings against officers of the so- j ? ciety. In commenting on this phase , of the situation, Mr. Meyer said: "This is a novel action, and it is the first time in the history of the state of New York where a debarment y proceedings against officials of insurance companies will have been taken. Under the insurance law the application of which has never yet been put in practice, the attorney general ! * ' has power to debar officers of an in- j surance company who have been found t derelict in their duty, and this debar- j ment not only precludes them from j holding positions as officers, but also i debars them from acting as directors i not only in the company from which ! they have been debarred, but from any ! other insurance company doing business within the confines of the state, and.the attorney general is the one to enforce the action." Vesuvius Preparing for Business. * The prefect of Naples has ordered J the population in the vicinity of i Mount Vesuvius to prepare to leave j their houses, owing to an alarming j increase in the discharges from the crater. BABY BORN EVERY 5 MINUTES. This is the Fecundity Record in New York City for One Week. Births in New York city at the ? ,rate of one every five minutes are lecorded by the health department fnr- fho no ct- wAolr Hiirirtf -cphir?V> narinj I 2,011 were reported. It was announced at the health de- j partment that the birth rate of New \ York has now risen to about 31 per I 1,000, and is higher than any other i city in the United States. Five or ! six years ago, when there was so ! much talk about the race suicide, the ; , birth rate was only 26 per 1,000. KILLED HER FOUR CHILDREN. J* Colorado Woman Enacts Dreadful Tragedy and Attempts Suicide. At Grand Lake, Colo., Sunday, Mts. WattvC. Gregg shot and killed her four children and attempted to take I her own life. The woman is in a , critical condition from a wound in the side, and may not live. The tragedy was committed by the woman during a fit of temporary insanity. i 7 MOVE TO PACIFY CHINA. President Issues Order Which, He : Hopes, Will Have Deterrent^ Effect On Growing Boycott. By direction of President Roose- j velt, action has been taken by the ad- | ministration which not only will fa- j cilitate the landing in this country | of Chinese of the exempt classes, but ! will also eliminate from the emigre- ! tion bureau such administrative fea- j tares as have been the subject of crit- i icism by Chinese. It is the declared j :n:ention of the president to see that j Chinese merchants, trave.ers, siuusnis { and others of the exempt classes shall i have the same courtesy shown them j by officers of the emigration bureau { as is accorded to citizens of the most j favored nation. Representations have been made to I the president that in view of the j harsh treatment accorded- to many j Chinese seeking a landing in the j United States, the commercial guilds j of China have determined to insti- ! tute a boycott on American manufactures. The representations, backed by the authority of the American-Asiatic Society and commercial bodies throughout the country, induced the president to make an investigation of the situation. As a result of the inquiry orders . have been issued to the diplomatic and j consular representatives in China by j the president himself that they must j look closely to the performance of j their duties under the exclusion iaw, J and see to it that the men of the : exempt classes coming to this country ! are provided with proper certification. ! These certificates will be accepted at i any port of the United States and will j guarantee the bearer against any ; harsh or discourteous treatment. Such ' treatment, indeed, will be the causa of the immediate dismissal of the of- j fending official, whoever he may be.! In addition to the president's or- j ders, Secretary MetcaJf issued instruc- j tion to the immigration officers. It j is" expected that the prompt action I taken by the government to meet the | objections made by China will eliminate a possibility of a serious trade j difficulty between China and the manufacturers of this country. The text of the official correspondence and orders on the subject was : made public Sunday by authority of J the president. The orders to the dip lomatic and consular officers of this j country in China were transmitted 1 through the state department. A certificate vised by a diplomatic or consular representative becomes < prima facie evidence of the facts set therein. The immigration officials ! have been specifically instructed to accept this certificate which is not to be rejected unless good reason can; be shown for so doing. Unfortunately ! in the past it has been found that ; officials of the Chinese government! have recklessly issued thousands of i such certificates, which were not true; j and recklessness also has been shown in the past by representatives of the American consular service in vising certificates. The diplomatic and con- j sular officers must not issue a certlfi-1 cate unless they are satisfied that the person to whom it is issued is enti-' tied to receive it, and they, will be held to the most rigid accountability for the manner in which they perform this duty. COULDN'T CONVICT CRAWFORD. Alleged Po6toffice Grafter Awarded Mistrial at Washington. No verdict was reached in the case ' of William G. Crawford, at Washington, charged with conspiring with Au-' gust W. Machen and George E. Lorenz, to defraud the government in connection with contracts to furnish ; letter carriers' satchels to the post- ; uiiiue ueyii tiutruL, ana aiter aenoerat- ; ing for more than forty-seven hours, the jury was discharged. I French Banker a Suicide. George S. Rodrigues, a banker In Paris, has committed suicide. It is stated that he lost heavily in the recent sharp decline in rentes, owing to talk of war with Germany. The ! liabilities of his bank are given as $2,000,000. | BIG BLAZE IN NASHVILLE. Flames Sweep Retail Shopping District of Tennessee Metropolis. Fire in the retail shopping district j of Nashville, Tenn., Sunday, caused i i damage estimated at between $500,000 J and $650,000. The flames were dis- j covered in the Palace ,a big depart- j ment store, occupied by Harris Broth- j ers and Jacobus Brothers, at the south- j west corner of Fifth avenue and Un- j ion street. Their spread was rapid j and before they were finally gotten ! unaer control eignt large ousmess , bouses were in ashes. CITY NOW OWNS HOTEL. Municipality of Tampa Buys Valuable j Building and Grounds. Something new in municipal owner- ; ship was inaugurated Thursday when i the city of Tampa, Fla., paid th6 I Ocean and Gulf Realty company ol J New York $125,000 cash for the Tampa Bay hotel and grounds, becoming the sole owner of the property upon which the late Henry B. Plant spent | $3,000,000. DELAY OF JUSTICE Responsible fcr the Great Increase in Capital Crime. SO SAYS SECRETARY TAFT Head of War Department Addresses Law C!sss of Harvard Uni versity Along Lines of Jurisprudence. William H. Taft, secretary of war, delivered the address to the Yale law school graduating class at New Ka"en, Conn., Monday on "The Administration of Criminal Law." Defending the policy of refusing trial by jury to the Filipinos, Mr. Taft said that trial ay jury had come to be regarded as a fetish to such an extent that state legMatures have exalted the power of the jury and diminished the power of the court. The result of this, Mt. Taft pointed out, was a great increase in crime of the felony class. The administration of criminal law in the spates Mr. Taft declared to be a disgrace to cur civilization. He hardly thought it encouraged us to think it wise to introduce a system of jury trial in the Philippines. Ml*. Taft suggested as remedies the restriction il ^ i ^ xt ui tue riSiU ux appeal aua giving xue judges? power to comment on the evidence and express their opinion to the jury cm the facts. Mr. Taft said, i in part: "I grie/e for ray country, to say that the administration of criminal law in all the states of the union fth^re may be one or two exceptions') is a disgrace to our civilization. We are now reaching an age when we cannot plead youth, sparse civilization, newness of country as a cause for laxit.v in the enforcement of law. "The institution of trial bv jury has come to be regarded a fetish to such an extent that state legislatures have exalted the power of jury and diminished the power of the court in the hearing of criminal cases. "The function of the judge is limited to that of moderator In a religious r><=&embly. The counsel for the defense, relying on the diminished power of the court, creates by dramatic cvt and by harping on the importance of unimportant details, a false atmosphere in the court room which the r'udge is powerless to dispel and under the hypnotic influence of which the counsel is able to lead the jurors to vote as jurors for a verdict which nfter all the excitement of the trial has passed away, they are unable to support as men. "And now what has been the result in this country? Since 1885 in the TTnifpri Stntps thprp 'nnvp hppn 131 . ? murders and homicides, and there have been 2,236 executions. In 1885 the number of murders was 1.808. In 1904 it had increased to S.482. The number of executions in 1885 was 108. In 1904 the number was 116. This startling: increase in the number of murders and homicides as compared with the number of executions tells the story. "Our country is disgusted by the number of lynchings that occur both in the north and south, and excuses are sought for the horid and fiendish cruelties perpetrated by mobs in such cases in some other cause than the delays of justice. Instances are cited of where the mob has executed men whom they had every reason to believe were to be justly punished under the law, to show that an improvement. in the criminal procedure would not prevent lynchings. But every man of affairs who has studied the subject at all knows that if men who commit crime were promptly arrested and convicted there would be no mob for the pumose of lynching. Nothing but a radical improvement :n every administration of criminal law will rrevent the growth in the rumber of lynchings in the United States that bring the blush of shame to every lover of his country." ANOTHER FLORIDA TRAGEDY. Man and His Daughter Found Murdered in Their Beds. Charles E. Davis and his daughter, Elsie, were found early Monday dead in their home, near Miami, Fla. They had been murdered. ? No clew has been found to point to any one as the perpetrator of the deed. The communiry is intensely excited. The citizens of Miami have offered ? rPwarH nf 47.^0 the Merchants' As sociation $250 and the Elks $200 for the apprehension of the murderer of Mr. and Miss Davis. COULDN'T STAND SEPARATION. Eichenrodt and His Spouse Shuffle Off Mortal Coil. TTnable to endure the thought of a long separation involved in the foreign service to which he was ordered. Henry Eichenrodt, band master of fhe Uviited States battleship Alabama, and his young wife, to whom he had been united less than a year, committed suicide at Paterson, N. J., Monday. | PEACE SEEMS ASSURED. I" Both Russia and Japan Tentatively Name Their Principal Representatives to Conference. I | A Washing;0:1 special says: Russia i has given reassurances of its inten- \ t ions in ;he peace negotiations by piac- j ; ing Presidenc Ilcjseveit in posses- j sion of the tentative selection of her i plenipotentiaries as follows: ; M. Nelidoff, the Russian ambassa- ! j dor at Paris, and Baron Rosen, the I i r.e/l> appointed Russian ambassador ; j at Washington. Russia, tnus having taken the inii tiative, it is believed that Mr. Takahira, the Japanese minister, during his i call at the white house .Monday, m- | | formally told the president that Ja; pan's selections, also tentative, were 1 Baron Kornitra, the Japanese minister for foreign affairs, and Kogoro j Takahira, the Japanese minister at j Washington. j Ofliclal announcement of the name3 j of the plenipotentiaries is withheld l lor several reasons. M. Nelidoff's j health may not permit him to makb j the trip, and pressure of official work ; may necessitate the presence in Tokio of Baron Komura. Mr. Takahira and Baron Roseff are regarded as the j certainties and the belief is that unj less something unforeseen should occur, both Russia and Japan will conj sent to the official announcement of I the personnel of the Washington conj ference within a few days. In any event, both missions will consist of many advisors, including ny and possibly naval officers, and ~cials from the foreign offices in Tokio and St. Petersburg. It is expected that altogether each mission may number ten or twelve. Should six plenipotentiaries be chosen, both Russia and Japan, it is learned, have names under consideration, which will enable them to announce their third plenipotentiaries without delay. As to an Armistice. Interest regarding an armistice has largely diminished in the last few days because of the receipt of information that the rainy season is beginning in Manchuria. It is believed in Washington that this will serve the nurpose of an armistice in preventing a clash before the convening in August. Moreover, the unofficial soundings initiated by the president at Tokio and St. Petersburg did not. yield much hope for successful negotiations looking to an armistice until after the plenipotentiaries meet. If Japan is then convinced of the serious desire of Russia for peace, she will readily consent to an armistice. The president has expressed a wish to the Japanese and Russian governments that the plenipotentiaries meet in the United States on August 1, and if not on that date, then at the earl> est date thereafter. The following statement regarding the meeting of the pleninotentiaries was made public at the white house Monday: "The president has received from both the Russian and Japanese governments the statements that the nlenipotentiaries of the two countries will meet in the United States during the first ten days of August, and the r resident has expressed to both governments "that the meeting" should take place if possible on the 1st. of August and if not on that date M:en at the earliest date thereafter." TWO DEAD; ONE WOUNDED. CId Feud Leads to Doubly Fatal Tragedy art Waynesboro. A feud of long standing .came to a head in Waynesboro, Ga., Monday, when D. C. Curtis and Lee Schrameck were shot dead and John D. Hill was perhaps mortally wounded. All nnrties are prominent Burke county farmers, except Schrameck, who was a citizen of Augusta. The trouble was an old grievance, and the parties were in town in attendance upon court, and the row was renewed, with the above result. The coroner held an inquest, and *he verdict was that. Curtis was killed by L. C. Hill, in self-defense. and that Schrameck was killed by unknown parties. EX-GOVERNOR LUBSOCK DEAD. Prominent Texan Passes Away at Aua tin After Eventful Career. Former Governor Frank R. Lubbock, one of the most interesting fig ures in Texas, died at Austin Thursday night, aged 90 years. Governor Lubbock suffered a stroke of paralysis some days ago, from which he never regained consciousness. He I had been state treasurer and was conspicuously identified with public life in Texas, having risen into prominence since the battle of Jacinto. He . was on the personal staff of Jefferson Davis. FRAMED 14TH AMENDMENT. Judge Stephen Neal Passes Away at Lebanon, Indiana. Surrounded by relatives and intimate friends, Judge Stephen Neal, the : j author of the fourteenth amendment I of the United States constitution, died j at his home in Lebanon, III., Friday, i after an Illness which lasted several j months. He was unconscious up until ; I about three minutes before his death. i FRIGHTFUL WRECK Of Train Going Nearly Seventy-Five Miles an Hour. NINETEEN IS DEAD LIST Engine Plunged Into Open Switch, and Whole Trajn Was Demolished. Fire Added Horror to the Catastrophe. While traveling at the rate of over seventy miles an hour, the famous Twentieth Century Limited, the fastest long distance train in the world, ran through an open switch at the little town of Mentor, Ohio, east of Cleveland, at 9:20 o'clock Wednesday night, causing one of the most horrible wrecks in the history of the Lake Shore road. The engine was hurled into the ditch. A part of the train was crushed on top of it and the wreck was partly burned. The horrors of the wreck were doubled in the horrors of the fire. The train was crowded, practically all accommodations being taken when it left Cleveland. It was behind time and the greatest of speed was being made to make up the lost time. The official list of the dead and injured as compiled by the officials ol the Lake Shore company is as follows: JOHN R. BENNETT, attorney, 31 Nessau street, New York city. JOHN A. utiAULitt i, vvaron, unio. Y. R. MORGAN, second vice president of the Wellman-Seavers-Morgan company, Cleveland. C. H. WELLCAN, of the WellmanSeavers-Morgan company, Cleveland. A. L. ROGERS, of New York city, died in hospital. S. C. BECKWITH, 115 One Hundred and Seyenty-fourth street, New York. A. H. HEAD, London, England, representative of the Otis Steele? company, of Cleveland, died in hospital. H. H. WRIGHT, traveling man, Chicago, died in hospital. D. ARTHUR, traveling man, Milwaukee, died In hospital. J. H. GIBSON, Chicago traveling man, died in hospital, Cleveland. H. C. MECHLING, New York. L. M. EIRICK, manager Keith's theater, Cleveland, killed in wreck. TWO UNIDENTIFIED, supposed to be J. A. Johnson, of the millinery firm of Comey & Johnson, Cleveland, and Henry Trinz, the barber on the train. ALLAN TYLER, engineer, Collinwood, Ohio, died in hospital. F. J. BRANT, head brakeman, Erie, Pa., died in hospital. N. B. WALTERS, baggageman, Hamburg, N. Y., died in hospital. W. D. MICKEY, porter on Pullman car, died at scene of wreck. I,l>n Tm.anl7fld tMl'r, W90 TT10 If ? T19 iliU niU^A^U Vi?tu "M?w nearly 75 miles an hour when the accident occurred, according to Fireman Aaron Gorham, of Norwalk, who, badly bruised, but otherwise uninjured, miraculously escaped death. "We were speeding like the wind," said Gorham, "when the engine left the track. It occurred so quickly that I little knew what happened until we crashed into the Mentor freight house. I neither heard nor saw the engineer after that. The engine overturned and somehow the tank managed to fall upon me, but not heavily, and I was sheltered by It" D. C. Moon, assistant general superintendent of the Lake Shore, after investigating the cause of the wreck, made this statement Thursday: "I have made a careful and thorough examination. The switch was open. I am satisfied that somebody, having a key, opened the switch with malicious intent. The train did not Jump the track." The scenes following the wreck were appalling. The night was dark save for the light from the blazing wreck of the coach that was crushed and splintered on top of the engine. REPRIEVE GRANTED WOMAN. Vermont Governor Stays Execution of Mra. Rogers Until December. A reprieve until December 8 for Mrs. Mary M. Rogers, the condemned murderess, was signed at Brattleboro, Vermont, Thursday afternoon by Governor Bell and for the third time the woman who was to have been hnnforl at Winrtsnr FViriav frr* killing her husband has been saved through the governor's power to stay the execution. The reprieve was granted in order that the case may be carried to the supreme court of the United States. * A THOUSAND-YEAR SENTENCE. Given Negro in Texas for Crime Against White Woman. In the case at Waco, Texas, of Lee Robertson, a negro, charged with the attempted criminal assault upon a white woman, the Jury brought in the following cerdict: "We, Ihe jury, find the defendant guilty as charged and fix his punishment at confinement in the state penitentiary at 1001 years." . rfJ ?????? ?? MORE RIOTING IN LODZ. Troops Shoot Down Many Strikers in Russian Poland City?Martial Law Will Be Declared. A dispatch from Lodz, Russian Poland, under date of June 23, is as follows: "Since early this morning this . ity has been in a state of panic, the strike is general and all the factories and shoos are closed. Barri jades have been erected at many joints. Rifle volleys and revolver shots are heard continually. Many persons have been killed or wounded, out it is impossible at present to ascertain the number with any exactitude, owing to the general character of the disturbances. The mob sacked a number of liquor stores and broke ^ street lamps. Street railroad traffic is interrupted." A later dispatch says: "Troopshave stormed the barricades erected in the principal streets by the strikers. Fifty persons have been killed and two hundred wounded. Martial law will be declared." According to advices received in St. Petersburg the situation in Poland is again exceedingly serious. Censored dispatches from Lodz, though, giving few details, indicate that fierce street fighting was in progress Thursday between the military and the striking workmen, who baricaded the thoroughfares in various quarters of the city and offered resistance, which the trooDs met with volleys. The list of dead and wounded presumably is heavy, but not even an estimate has yet been received, Russian correspondents telegraphing that the streets are entirely in the hands of the military and the mob, and thait is unsafe to venture out to obtain details. Lodz has been in a turmoil for sev- eral days. The strike, which embraces 60,000 workers, appears to have entirely lost its economic nature, ana is now a vast political manifestation. All forms of public business activity have been suspended, the peaceful inhabitaants remaining indoors In fear of their lives. The political xeal of the manifestants has become inflamed by intoxicants from the vodka shops, which were broken into and pillaged. At Wlarsaw a strike has commenced and disorders are looked for and the trial of Okrjey, who threw a bomb at a police station March 26, will proh- > ably result in other bomb outrages. A man was arrested Thursday morning, armed with a bomb, which waa evidently intended to be used in court during the trial. INDIAN OFFICIALS INDICTED. , * It is Alleged They Are Concerned in School Warrant Frauds. The department of justice a4. "Washington was officially advised Friday that as the result of the investigation into alleged frauds in connection with the government of the Chickasaw na tion, Indian Territory, ex-uovernor Moseley, Treasurer Ward' and Governor Johnson of the Chickasaw nation; United States Marshal- Colbert, Banker Purdom and Atto.neys Mansfield, McMurray and Cornish and others have been indicted for re-issuing school and general fund warrants of the Chickasaw nation. The school warrants were issued in Ueu of immediate payments for various educational purposes. A considerable amount of these had accumulated, and congress at its last session ( appropriated $330,000 of the Chickasaw nation funds to meet their payment The estimate made at the Interior department is that so far as is now known about $60,000 of these schctol warrants have been fraudulently reissued. . ^ COUNT LAMSDORFF 13 ILL. Consequently Roosevelt Has Not Heard from His Latest Note. President Roosevelt so far has not received an answer from. Russia to his latest representations regarding peace. It is believed tha tthe illness of Count Lamsdorff may account for this delay. While there Is no official announcement on the subject the general understanding is that these representations concern an armistice. SHERIF DEFIES GOVERNOR. Officer of Law Flatly Refutes to Raid Race Tracks. Governor Polk's order to stop race track gambling in Missouri, with the aid of the militia if necessary has temporarily met defeat at the hands of the sheriff of St. Louis county, John Herpel, who says he will not * raid race-tracks or call for troop*, and that if the governor sends trooos to molest anv one. the soldiers will be arrested, possiblv shot. Sheriff Hart>ei declared M was opposed to raids as a usurpation of the judicial authoritv PRESIDENT LEAVES CAPITAL First Goes to Massachuset+s and Then To His Summer Home. President Roosevel* left Washington at 5:.?> oVlocV Mondav aftomoon by sneoial train over the Pennsylvania railroad for Cambridge, Mass.. to attend thp rommpnrement exereises at Harvard university. The president wi'l no1 refurn to Wash'nc'oo. but -vip 20 to Oyster Bay for the summer. JL-~- .