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THE PEOPLE'S JOURNA. VOL o.---NO- 30- PICKENS S. C., THURSDAY, AUGUST I 899 ONE DOLLAR A YEAR COMMITTUE REPORTS I RESUI4T OF INQUIRIES. FINDINGS OF NEAL INVE8TIGA TION AItE SUIMIT f EI). Loose Management Condlemnedl and v Conduct of Farms and Treatment C of Convicts Comnended. The report of the legislative com mittee appointed to investigate Col. W. A. Neal's management of the State penitentiary has been filed with the governor. The full report follows: To I-Ion. M. B. McSweeney, Governor: The general assembly of this State t at its last session passed a concurrent resolution to appoint a committee of two senators and three representatives " fdr the purpose of investigating the affairs of the penitentiary " with in structions to report to you. The un dorsigned were appointed as bald com mittoo and organizad by electing W. 10. Stevenson chairman. It selected John Taylor as expert booskeeper and Miss M. F. Gibbus as sttnographer. 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 d bearing on the condition and manage. ment of the penitentiary. The matter examined were embraced under three heads : 1. The treatment of the con - victs. 2. The condition and manage- t ment of the farms and the disposition f of farm products. 3. The general financial atfalrs of the penitentiary t proper and the use and disposition a made of the assets of the penitentiary d proper, including amounts due to the 8ame. 1. As to the treatment of the cr. f victs: We find that Mr. Neal h. ways been an advocate of hur ' and 5that wherever the treatme ,f convicts came under his pet/oal supervision there is no doubt of 41r kind and humane treatment. On, in- a stanoe of very severe whipping is re ported as being given by one subordi nate, Mr. J. .J. Cooley, for which Mr. Neal is not responsible. We wish to commend the methods used by Mr. Miller, manager of the Lexington farm, in this particular : His manage ment has reduced the tecessity for V whipping to a minimum, and yet he c -gets excellent. results. While we know t w.hat the convict must be controlled we feel that the dictates of humanity re- 1 quire that the unfortunate who is c without character or legal standIng 0 and without friends or hope of redress t should be treated with all the consi deration which strict discipline will t allow. We are glad to be able to report that Mr. Neal has always shown his destre to do his full dul.y by the 9 convicts from a humanitarian stand- 1 point. 2. We find the farming property in 9 line condition, well stocked and well cultivated; large crops are made, and valuable improvementA in the way uf f buildings and dykes and ditching and clearing have been made during his administration. The superintendent deserves commendation for the ener getic and skillful management of the affair8 and improvements made on the property, both on the farms and at the penitentiary itself. The DcSaussure and Reid farms have been paid for under the administration of Mr. Neal. We are not prepared to say that dhe farming business, however, is prollt able. There has beon, for instance, for the year of 1898 an average of 130 hands used on the Reid and DoSaus sure farms. The evidence Is that they will pay $50 per year per head when hirea out, making $6,950 net from their hire. The total products from these farms for 1898 as revorted by the bourd was $i1,013.95. The cash re turned from the farm produce of Do Saussure and leid farms, pages 24 and 11, is $12,735,55; ninety-uine bales of cotton on b-and January 1st. 1899; there was possibly on hand at that time un der a liberal estimat3 $7,000 worth of other produce, masking a total of $22, 210.55 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, $6,950 ; accounts paid for the t wo farms, $20,0691; 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, $41,013.95, leav lng a deficit of $15,062.32. Prom 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 ,pparent de ficit of $14,062.32. To this should be added the interest on the equipment, which is valued by the directors at $25,000, on pago 21 of the repoert of 189)7, which, at 6 per cent, would be $1,500, making a total deficit of $15,562 M, Fr.n this, of course, should ie 'doducted tu corn and oats and bacon furnished to the penitentiary itself, which, at a liberal estimate from the testimony before us, could not exceoC $5,000 from the crop of 1898, which would necessarily leave a loss of $10,5023:2 from farming operations on those two farms. 3. As to the general financial alfairs of the poenitentiary proper and the use and disposition made of the assets, etc., we are constrained to report that the investigation has brought forth a stateI of affairs which is not creditable. in the first place it will be found by s close examination of the testimony taken that the directors knew too lit tle of the affairs of the institution and were too subservient to the will of the superintendent. The fact that there were about $4,600 of Ragedale notes in the bank with the penitentiary en dorsement rep)resenting convict hire for two years on Mr. Neal's lilace, while the directors thought the hire had been paid, shows that their know ledlge of the aftairs 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 his stables,.where they were kept purely for his convenience, and now profess not to kcnow they were paying it is an other evidence of the somRnolonce of their faculties when approving ac 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, and wore therefore culpable, or, if they didn't know it, t~hoy were annproving and paying an tem monthly for several years which vas wrong and never found out. Either upposition is sulliciently humiliating. We would note here that we know of 1o law authorizing the directors to :eep a lot of horses and carriages for ho use of the superintendent's family, mnd we regard it as an unwarranted ixtravagance. The evidence here is hati the bookkeeper had to use his torse on penitentiary business, for which the State fed him in part, while he horses for whooe stable rent we vere paying handsomely wore being ised by the superintendent's family. Lhe evidence is that there was stable com for these horses at the peniten iary. The custom of entertaining argely at the penitentiary grow up lso under Mr.Neal. Crowdeatetbero roe at the bounty of the State, making he taxpayers their hotel keepers, and xercisiug a thrifty instinct to got all hey could at the public credit. Un ortunately the board of directors set be example by boarding themselves here, thus adding to the pay allowed y the law the further provision of otel bills. In justice to the board, owever, we will say that after this avestigation was begun and that mat 3r was brought out they decided to iscontinue that practice and pay beir own board. This is as it should e. The lavish entertainment there, ough, was such as should not be to rated again. Politicians, contrac >rs, State constables, and personal -lends all found a welcome and good heer there. The result has been that he institution came to be considered s a place where any accommodation esired could be had, and as a result ,a find many things to report as rrong. We lind that he has given way many articles produced by the enitentiary to prominent men, such s a bookcase to Congressman Latimer, arniture to D. LI. Tompkins, secre iry of State, and T. J. Cunningham nd S. 1-. J. Garris, directors, and enator Tillman, who also got a car ad of brick, which he says Neal gave im, but which Neal says he sold him. lost of these articles Neal now pro ass to be ready to pay for, although e had never charged himself with hem up to the institution of this in estigati6n. Mr. Garris also got a arload of brickbats and some pigs and urnips, for which Mr. Neal does not hink he should pay. Mr. Garris had een anxious to settle the pig bill, but ould not get it made out, and the thar items were mere presents and hey contend were worthiess. We do ot think it wise, though, for directors > be accepting even valueless pre ents 'om the penitentiary. If Mr. Neal ad paid for these things when he ave them away, it is a questionable ractico for an officer to be makiu res'ents to public men, but when he Ails to pay for them and takes the tate's property and gives it to public ien he does two wronge, he misappro riates public property and attempts, pparently, to control the itilhence of ublic men by the use of it. Further han that, he has allowed the gover ors of the State during his adminis ration all to get such things as they esired from the penitentiary, and has either presented the bills for them or plac d them in the assets and on he regular books. A list of their ao ounts which he should have presented ,nd collected or published in the list f accounts due is hereto attached. le has himself, also, taken supplies to , large amount At a very low price and la.> never paid for them, an account of hem being also set forth in this re >ort. We find also that there has wcen a rule that the superintendent hall be furnJshed with wood and coal roe. This is not warranted by law, 6nd Is merely another device to in rease the salat y of the superintendent :ontrary to law. Again, cho gover aors have been allowed the use of con ricts, tools and stock to cultivate land ocar the city, and this has not been 3harged to them. This is excused by M4r. Neal on the plea that the governor s ex off'icio chairman of the board of Jirectors and has in consequence al ways gotten what he asked for. II abat is correct, it is time that the gov srnor should be taken off the bo &rd We do not refer in speakhag of the aultivating of land to the patch arouni Lhe governor's mansion, which is public property and properly cultivat ed by convicts, but to independeni farms outside. Again, the board had a steam laun dry established in the penitentlary anc operated by the convicts, Mr. Neal an( Governor llorbe have both had thoh family washing done there ever sinc< free, until the termination of Mr. Neali term of oflice. Njw, while It is dis agreeable to refer to these~mattors, we deem it our duty to call thoem to thi attention of the general assembly. I the governor's salary is 60o small i should be increased by the genera asambly, not supplemented by thn penitentlary. If not too small the gov ornor should be satisfied therewith The same remarks apply to the othe: officers mentioned. It should be a pies sure to those gentlemen who have re ceived these things from the State t make reparation an- the lesson shouli ho learnod once for all that a pub!i ciller, because he is a public c'fr' has no more right to the 'o~porty c 'who State than the humblest citizer and when he attemplts to give it awa to prominent mon the inferenco proi erly deductible is that he is barterin it for their influence, arad they shoul be above suspicion and keep thenr selves so by declining such present Any other course breedy distrust~ in th poople1 of their rulers, and when thn thoroughly permeates the masseq r spect for law andl order pierlshos as it becomes a question of who can g the most out of the government, ar high omieo is sought not from motiv of patriotism, but of plunder. 'v think the penitentiary auth'orltl should proceed at once to ascertrdin ti volue of the assets thus gIoen awn and present bill for them to the pa ties who received them, many of was have professed willingness and doel to pay for~ them, and if possible sa all such items. This shou ' by means prevent their holding the bo 01 the superintendent liable for su things as are not settled for, lHe h misapprolriatedl the aseets and shoE account for them. There ie anotlh matter which deserves attention in c general remarks. The management seems has been rociving favors a granting them in retun, It sho pay for all assistance it gots and then charge for all matta)rs rendered. The case of lion. J. W. Ashloy is In point He furnished transportation for the of ficials, muaking no charge ; in return his horse was boarded at the peniten. tiary during the session of 1898 of the l.egislature. .Vhile this may be very convenient, it is not business. If Mr. Aahley's favors were worth receiving they should be worth paying for, and likewise the board of the horse ih 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 liabill ties of the penitentiary. No one will be able to ascoitain what the unre turned favors received at tbe hands oi the friends of the superintendent are worth, nor when the institution will be called upon to hoard man or horse in return. It amounts to a reccprocity treaty between the superintendent and his friends, which may involve the in stitution in endless liability and ex pense. I t should be stopped. Another unbusinesslike feature of the manage ment is the contract of the institution with the knitting mil) company in the penitentiary. They give the mill a 25 horse power motor and pay the elec trical company for 25 hor'se power and are to charge the mill only what power it uses. Tney have not settled in five years and haven't even put in a meter to be able to tell how much power has been used. Now, the mill company wants to settle at 10 horse power. The directors don't know what was used and have paid for 25 horse powor. This Is unbusinesslike and negligent, in our opinion. Now, as to Mr. Neal's finan clal transactions and his moral obli quity in the matter. In the first placo, in the face of the plain spirit of the law he arranged as soon as he became superintendeit to have his kinsman and creditor, J. Belton Watson, take charge of hid 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 got 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 those who hire convicts, preventing op pression and en*orcing the rule that they shall be humanely treated, care fully attended by physicians and not required to labor more than ten hours a day, nor on Sundays and holidays. Sections 566 and 5119, Vol. 2 lRev. Stats. of 1898. The plain intent of the law is that he shall not hire them to himself, directly or indirectly, or be personally inter ested in the amount of work done. ThE net proceeds being his, the tendency would be to give Watson the best la bor, work it over time and report at much lost ihu as possible. iiaving run under this contract for the ye irs 1893, 1894, 1895, he had his debt re duced as a result from $17,000 to $14, 000 (See Exhibit U). Tnun be took a contract from Watson (Ex. 11) whereby exclusive contr<, was teur.ued to hiu, but the convicts weru hired to Mr. Watson (See Ex. G), and no bond was taken from Watson. This was plainl3 done to mislead the board of director as be frankly admits that they would not have hired them toehim. Thus h4 became the master, the contractor i fact, with Watson as a stalking horse All the profits inured to his benelit Instead of paying the State for the con vict hire for 1896 he took a worthies note of his foreman, one Ragsda'e, am endorsed it as superintendent of thi penitentiary, borrowed money on I and returned it as cash received. Thi note has never been paid and the bani threatens the penitentiary with aui for it. Tne same thing occurred It 1897 with another lagsdale note an in 1898 no pretence of payment ha been made. The not proceeds of thi farming operations for 1896 and 189 were paid to Mr. Watson on Mr. Neal' debt to him, except $1,465.85, for which |Mr. Neal gave Watson a receipt al superintendent, and which was nol turraed into the treasury, but which is covered by one of the lu~gsdale notes The State has been left out for the en tire three years and In 1898 neithei Watson nor the State has b'een paih anythbing. in November, 189.5, Mr Neal collected of V. Q4. 11am mond *50) on convict hire, which he kept ani used. In December, 1895, he coll11ecte from Cooley & Fowler 8500 convk hire, which 3 also used. In F~ebre ary, 1897, he collected from these tw firms over 813,000 and deposited to hl own eradit and used $536.95 of the sami He collectjd from J. J. iPretwell $387.1 for oats (Eix. M),and failed to pay it 1 He gave a cheek to the bookkeeper fc $172 to balance his account for cash I hand and there was nothing in ban to pay it and it has not been p~al( Ilie took a note of W. W. Russell ft $000 for his own accommodation an - endorsed it as supJerintendent of thi penitentiary and placed it in bank, an It, has never been paid, the bank - after the penitentiary for the mono, -and Mr. Neal ad mits that he is liabi ) therefor. lie collected $740 stab I rent, which was unauthorIzed, bi 3 which he claims was allowed by ti , .-'1r of directors, which they den fand Wa ch appears to hayo been a ,proved ih the prnison pay roll. He h ! gotten suppldies from the peOnitential for which he has not p~ald, amountli Sto $0318.29. Is family washing hi 1 not been paid for and ho got a carloi of cotton seed ton plant, which I in. should pay for. All these matters, I o ken with presents of State proper t to his friends and his having his supe in- intendent, 1tagsdale, to furnish tl d cows to the penitentiary at a big prof >t which proflt, Mr. Neal got, his keepli d open house for his friends at the poi is tentlary at the State's expense, star 'e him as being utterly deleiont in t 3s faculty of distinguishing between whi he is his andn what is the State's acco ty panied with a remarkable faculty r- being generous with the States' asui m and especially t~o himself. We he rn that both W. A. Neal and J. 1B. Watm ye are liable for the convict hira for c< 50 victs to b)e wor'kod on Neal's plantatl ad for the years i.196, ISAI and 1898, 3h the reason t~hat WVatson contracted as pay for thoem andu Neal got the beni id of the labor and viohit.d his duty er .procuring them to be workedl for ur benefit and deceiving tihe board of it Irectors. Their lahor was an asset nd Ithe penitentiary as much as the p lId ductsa of the lahno, on tha State fai and he cannot take either and refuse to pay for it. A conversion of one is the same as the conversion of the other. We also condemn the practice of the superintendent's endorsing paper as superintendent and 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 in en dorsing ar, $850 note for J. B. Watson and thud making the penitentiary bor row that amount of money merely for Watson's accommodation. We as,) condemn Its use in the Ragsdale notes and W. W. Russell note. The following are the amounts now admitted by Mr. Neal to be duo from him to the penitentiary, it being ac knowledged that there Is a shortage to that extent : J. S. nowler................$ 500 00 W. Q. Hammond.............. 500 00 l'owier & Liammond............ 539 05 W. W. Russell note (ques tioned ....................... 600 00 Collected from W. T. McGill for brick sold at DeSaussure fa in......................... 40 00 Five bookcases at $12 each.... . 60 00 Une hatrack.................. 10 00 Six smail tables at $2 each.... 12 00 One bedstead ................. 10 00 Painting furniture at home.... 10 00 700 bushels cotton seed at 15c bushel...................... 105 00 Commissary account for 6 yeare .................. .... 63,8 29 Check unpaid and stated by Burris as carried as cash.... 172 00 Collected of J. J. Fretwell for oate, April, 1898............. 387 17 Total........................$3,584 41 We find that he I@ liable in addition for the follorlng amounts, which are contested by him : Conviet hire on the Watson contract for the years 1896, 1897 and 18U8. ........... $7,400 00 We think he should refund stable rent which should never have been paid...... 740 00 $11,724 .11 There appearis to be due t' e peniten tiary the following items alch have not been properly charged i j the books or collected, being found on an old brickyard book and commi, seary book and which the parties are no doubt ready t ) settle on presentation of bills: Hon. W. 11. Ellerbe, commis sary account................ $54i 11 Hon. John Gary Evans, coin missary account...... ..... 181 14 Ron. B. R. Tillman, commis sary account............. . 57 06 Hon. 13. R. Tillman, carload of brick......................72 00 Hon. B. Rt. Tillman, oats, no amount given ; he simply in forms us that he owes for them and we do not find any record of it. We append as Exhibit A a statement of the prouiurty purchased, imL)rove ments made and labor furnishod to public institutiong by the penitentiary (luring Mr. Neal's a.ministration, ag gregating in all $175,845.17, being the value placed upon the same in the ro ports of the board for the six years. The evidence taken to herewith sub mitted. The proper steps to be taken as a result of this report and the evi dence will be determined no doubt by yourself and the atturney generai. iRspectfully submitted, W F. STEVENSON, J. T. HAY, KNOX LIVINUSTON, Tiios. F. McDov, 11. Cc WPER P'ATTON. EX1IIIIIT A. Report 1893 p. 7. Clemson College convicts I cash for guards, etc. $ 3,118 19 p. 6. T wo Elecbric motors, etc 2,000 00( p. 7. Convicts Clemson col loge and guard hire....14,580 00 P. 7. Convicts, guard hire, etc. for Winthrop..........10,980 00 $30,078 49 Report 189)4. p. 0. Old hosiery mill (over hauling)..............$ 4,000 00 -p. 0. New hosiery mill rebuilt 15,000 00 p. 6. LIprovemnents In yardl, .inclusive of above items. .30,000 00 -3 p. 7. 7 bead mules and horses 700 00 1p.7. Labor and cash to col loges...... ... ....... .. .22,852 32 $53,552 32 0 Report 1895. e p. 7. 88 mules for State farm, e ngines, gins, wagons, '7 tools, farming implo ments.......... ......$12,000 Ut r p. 8. To colleges, labior, cash, n etc....................17,114 81 k $.9, il4 314 r iteport 1898. d p. 17. Improvements peniten 0 tiary p roper, barns, sta d bles, sheds, etc........$ 5,000 0( a P'rison building a other 6i improvemn'ts ins'de yard 1,000 01 e Buildings at Reel farm.. 2,500 04 e De~aussure place, (uar t ters for guards, dining e room, amok. homee, hay YI' sheds, grist mill engine, P' boilers, guanso louse on 's railroad, etc.. . ... .... .. .2,00 04 -y ~ eot19.$10,600 0( dp. 19. New laundry ollmpleto,$ 800 0( o Itoed farm, new barn for a- mules, hospital muilding, y lot fencing, fen ing 400 'acre pasture Ian' ....... 5,000 0( s$5,800 00( g Iteport 1898. al lieport of b~oard of dIrectord on pages )9 5 and 6. so Paid purchaso real estto with at interest accruing ax pur C' chase money...........$36,000 OC of Building dykos, clearig land Its etc ....... ... ... ......10000 on $46,000 0C on Ti'ILLMA N AND) Kv NS W RJITE. or Senator Tillmnan ad ex-Governor to John Gary IKvans neer (lid come be fit fore the committee. 'jie senator wrott in a letter to the comnnteo in Juno, bu lis Mr. Evans wacs not teard from untl di- a day or so ago. Blot, he and Mr. Till of man wrote Chairm~e Stevenson al ro- Cheraw under (late o Axna' 1. m, letters fo1il Greenville and then to Saluda, whore they were received Aug. 5, after the comnitteo had adjourned. Senator Tillman's letter was as fol lows : Tai.:N''ON, S. C., Aug., 1. )ear Sir : Your letter of June 24 enclosing copy of the account on the commissary book at the ponitentlary received. I have no recolleation of any of these matters, and am morally cor tain that I paid everything I owed the penitentiary when I left Columbia at the expiration of my term as Governor. Besides, I loft all the corn and hay I had on hand at the executive3 mansion with the understanding that governor Evans would take it and pay for it, but he told me that Col. Neal used It. The mansion was unoccupied for soveral wooks after I loft, undergoing some refitting and overhauling, and Neal probably removed it for safekeeping. I do not feel that I owe the State anything on that score. 'I'he brick I am willing to pay for at the price I could have bought them in Augusta at the time, $4 at th- kiln, or .$6 delivered at Trenton. I pnid the freight on the carload of brick which Col. Neal shippod me. ReOspectfully, 1. it. Til,LMAN. Ex-Governor Evans writes as fol lows: W ATE'LLURY, CONN., JUly 310. Hlion. W. P". Stevenson, Cheraw, S. C. My Dear Sih : Your letter in refer ence to the penitentiary investigation was handed me by my brother while in :dgetiold, and the reason I had not answered before is that I fully intonded to bo with you at, the next session of your committee. Circumstances over which I have no control will prevent my being with you as anticipated. So far as the statenmnt that "I worked convicts upon iimy farm'' is coi cerned, I am satislied that you have had ample proof of its absurdity. I had no farm upon my occupancy of the governor's mansion. I was informed by the superintndent of the pen iten tiary that my predecossor had rented a sMall plat of grouind, about live acres, in or near the city limits, and that he (the superintendent) had sown for the governor and made rough forage for his horse,'and that he would make the same terms with me if I desired. I did so, and paid the owner, Mr. Geo. 11. Newman, $30 cent and have his re ceipt. So far as thie larvest was coni corned, It was pretty expensive, as my share was not sulielent to reimburse me for the rent. The property being city lots, however, I suopose we got out as light as most "iBelglan block farmers." As to the account I owe the manage ment of the penitentiary, I will state for the information of your committoo that the articles I purchased were at market prices, such as any ordinary citlz2n could buy, ad it wais no cspe cial favor to me. The account will be paid when a cor roct bill Is rendered, and not before. It Is no fault of inine that it has not been aettled hefore. I am sorry that I cannot be with you, as I would gladly rendor you any assistance In my power. I would respectfully call your atton tion to my messages to the GneM-ral Assembly and their references to the management, of the penitentiary. With assurance of my high esteem for you and your committee, I am itspectfully yours. JOHN GAitY EVANS. THiE D)REYFUS TRItAls. Questions oni Whica the Court Mar tial liiges-A Ltesiine of a FImiiouis Case. Fronm The Now York Tribune. PARis, July 25.-As the day appoint ed for thbe retrial of Capt. I)b cyfus lhe fore the Permanent, Court-martial o the 10th military circumseription a Reonnes draws near it may be useful t< give a summary of the judical asp~ecti of the ease created by the judgment o the Court of Cassation, sitting In fuil bencb, pronounced on Juno 4, by virtue of which the retrial was Instituteod, anm by the instructions sent on July l19 b' Gen. Do Gallifot, minister of war, to M a jor Carriore, commissioner of the gov emrnment at the Ithnnes Court-martial regulatIng the procedure so as to pro vent the military tribunal coining lntc couflict with the Court of Cassatilon, which In itself would vitato whatevr judgment might ha rendered hy the former. Trho usual Court martial hour is 9 a. mn., hut as ',ho trial comes off durIng the "dog days'' and takes place In thie Salle du Manutention- an ill ventilated room in the military bakery buildings adjoining the prison-Gen. Lucas, coim manding the luth armiy corps, after consultation wIth Col. iouast, president of the Court martial, has decided that the proceedings shall begin overy morning at (.30 o'clock and terminate at noon. There will be no afternoor or evening sessions. TIhe coilint of the Sale do Manutontlon Is buii littlie over eight feot high. If thu present, weather lasts the sourt, roomr wIll become a vertable oven, almost equalling the temperature of l)evii Island. Trho ideal court, room wouldJ have been in the P'uals de.Justilee, near by, but, unfortunately th is spaciomt building is separated f1 om thbo prison, so that Capt. l)roy fus would hiavo to be conducted to and fro across the streot, thereby affording opportunities foi popuOlar demonstrations, w hichd the au tkoritics are determined to avoidi. It shiould be horne ir nmind wher: reading the accounta of the comilng trIal that one of the consequuonces of th( judgment delivered by the Court o1 Cassation on June 3 hae been to shif1 the burden of proof girom the prisonje to the prosecution. At the Court martilal of 18911 it, was incumbent uo Capt. I)reylus to prove that, he was in nocent of the charges brought agains him. T1his was in accordance with i'rench law, which places the burder of proof upon the accused, and, need less to say, Is contrary to the principlet of Anglo-American jurbprudence. liu' at the lInnes Court-martial Capt Dreyfus, who has aiready dlonnedI th< lVrench artIllery unifomi, will app~eal -as an oflicor who has been lillegali' condemned, and will not 1)0 obliged t< Sprove his innocence. It will be for t~h rosecution to prove thait lie is guilty 1'hus within certain iimnits the acocuis nea of 8x1.1 will -.- a In 181 they possessed proof of Droy fus's guilt. Much confusion will also be avoided If It be kept in mind that the issue rolegated by the Court of Cassation tu the itennes Court-martial for trial le narrowed down to the single question whether or not Capt. Droy fue communi, cated to a foreign power the precIsc documents enumerated in the border eau. It will be recollected that the bordoreau is the memorandum withoul date or signature written on very po cullar water marked tissue paper, which upon the evidence of the late Col. Henry, the forger, was discovered in slips in the waste paper basket of Col. von Schwartzkoppen, then mill tary attache at the German embassy in Paris. and, after being put together by Col. hIenry, formed the basis of the original charges against Capt. Drey. fus. There li nothing in the border cai to show that Capt. Dreyfus had been following treasonable practices, or to connect him in any mannor with it, beyond an alleged 8imilarity be tween the handwriting of Dreyfus and that of the author of the bordoreau. The Court of Cassation has decided that the bordereau was written by 'itorlhazy, and not by )reyfus. TIhe Court of Cassation has already passed judgment upon all the other ovidence adduced against Dreyfus In 894i, including the confession of guilt falsely alleged to have boon iado by )reyfus in January, 1895, to Capt. Ikebrun Itenaud and to Sergt. 13port, as well as t e famous secrot doiior, with its forgeries and criminally mani pu lated docuiments. All that is legally left standing after the olimination by the Court of Cassation of the irregular itles that vitiated the conviction of 1894 is the bordereau, which the Court of Cassation on June 3, leclarod was not written by Drey fus. The functions of the Rtonnes Court-martial are now lImited to hearing evidence and do elding upon the subject of the alleged communleation b)y Capt. I)royfus to a foroign power of the documents onu mcrated in the bordereau, now known to have been written by Kitorhazy, as lhe hlimbelf has confessed. It should be remembered that, Droyfus was un ac(qunO ted with hiterhazy when tihe bordereau was writton, and it may be sale to predict that it will be practi cally impossible for the prosecution to orove at the forthcoming trial at lt-nnes that Capt. Drefus handed over to a foreign power the documents in question. Much will doubtless be heard of these documents at the Itonnes trial, and it may be worth while to mentior them. Tkey are livo in number. l'irst. A description of the hydrauli brake of the field gun known in thl i'rench sorvice as the " 120 court," an notes upon the construction of its car rIago. The "20 court " ! n a h hav i gun used by the Pronch field artillury its gun carriage is ingeniously con trived, so as to travel over ploughet fields and " across country." The pro jectiles were formerly loaded witt melinite, but, dynamite Is now used for th is purpose, and recent exporimenta made near Mentone with dynamitc shells fired from the " 120 court " guns are said to have pulverized soveral thousand chic netres of solid rock. Second. A memorandum concerning the " troupes do couverture," (troopi in caso of mobilizAtion to be throwr toward the frontIer so as to cover the actual mobilization,) with modificationi aco'ding to the latest plan. Third. A note describing the changei adlopted In the artillery formation (Lhis refers to Lli distribution of bat teriest at 1he comsmencoement of mobili zation Umong the divisions of the arm; corps.) l"ourth. A paper on the Madagasca Campaign. P'i fth. A draft of the manual of liel' artillery lire, dated March 14, 189. In thbe report of I 'resident liallol )licaupre, the conlclusion~s of whie were adopted hy the Court of Cases tion, a por tion of the record of th Cou rt-martial of I 194 is cited, froi which it appears that on November 2 189)4, Commandant d'Ormeschylile (ti ollcer who framed the indictment upt -which Dreyfus was convicted) shows D~roytus the original of the bordorea Drey fus resolutely denied over havhr seen the document before, and e; plalnod in detail why It was material) impossible that ho could have wrltte it. When questioned about each the five documents enumerated in th bordoroau the answers of Droyfus wer as follows : (I) " Never at any perlo of smy career have I had in my 1o0880 slon any document relatiog to th hydraulic brake or the carriage of th 120. The last time that I saw the 12 gun was while I was at the Ecole d Ouerre; I saw it en repes ; I have neve seen the piece fired." (2) "Since Jan uary 1, l1i9i, .until July of the sam year, I was employed at the second bureau. Iharing that entire time never hsad any work to do In relatlo; to the ' couvrturo.' I have never ha, In my possoson any document upoi this qusest on. It was not until July c thes samsse year that I entered the thor, busreau, and it was not until Septembo that I was' char'ged with the work c superintending the classiflcation of dc cum sents relating to the ' couvorture.' (1) (In regar:l to the note relatingt a mnodlllcation in the artillery formo tilon.) ''In the month of June I onl knew but one thIng in thIs connectic; and that was the suppression of tw regiments of artillery pontooners an the creation of twenty-eight now ba tsiries. As to the campaign formatloz of the artIllery I was ignorant of thes then and I arm still ignorant of thei today. Moreover according to one the (que3sthons in an inteorrogato, -these campaign formations for lery did( not reach the staff un month of June." (4) " Never~ an time have I read or had in frand any document, about th ,agasca~ campaign." (5) " Nover d anyilln have ilhad this manuaio da notilees lire in my possession,a a ntoo aware of its puhbi(3$.omonts made b3 Such were thSg-November 27, 1891 Capt,. Drcoyh~0 five documents onu in regard. No borderau. moratofc{onnection it should be ro. : d"thiat Maitre Mornard, al ofearing before the Cor 'o as nb on June 1, 1899, submitted evi ngo cited from the record of the "1894, and from the re ''"nrocoedings TO KEEP PUSHING, The New Store. The New Store has great respect for that tittle word " Pum,.' its an im portant, factor in the management of this business. It finds for us busy days instead of dull ones. The store that "looks'' for dull days will surely flnd them. This store is alive to the wants 'of the people. It is also the most agree a)le, as well its the most economical to (o businless with. A Few Brief Specials. I eas 10--I White Quilts, our price onlly -19c. 100 ready-Iade Sheets, full size, only 39c. 100 ready-lmde Sheets, 81x90, 65c. value, 4We. 300 ready-nado Pillow Cases, 42x30 Onlly .5c. 100 ready-made Pillolw Cases, 4 5x34, only loc. 500 yards 10-- Sheetinig, only lc. 500 yards 40 in. White Lawi, only 5c. 1 1)t Birown Apron Linen, only 10c. 110 yards 39 1n. Sea Island, only 3vc. To Arrive This Week. A lot. of Lawms, Organitiesi, etc.. for our big )e (ounter, wlhci h ai beent a woIdr this season. )MAHON AR*JNOLD* NO. 2rz UPPER MAIN.STRUFT J. II. IMNoiwAN & BRo.'s OLD STAND. Agen ts for McCall Bazar Pat terns. of Cassation, showing that any one of seme eight hundred officers of the Fronch army might, had he felt so in elined, obtained the information con taMined in the ive documents meationed in the bordereau. In the first place, Capt. Dreyfus was an artillery ollicer, and it was highly improbable that he could have made such a techni cal blunder as to refer to the hydro pneumatic brake of the " 120 court" a3 the " pneumatic brake," as stated in the bordoreau. Moreover, it has been conclusively shown by Maitre Mornard that As long ago as August, 1894, cir culars had been issued at Chalons and elsewhere, for the use of officers dur Ing the manoeuvres, giving descrip tIons, with lIthographs of four of the ive subjects referred to in the border oau ; and as to the note about the SMadagascar campaigns it is notorious that the plans of that campaign were e discussedi in council at no less than ~four different minIstries--the ministry of war, marine, colonies and foreign e affairs-and that over five hundred ndilferent individuals in Paris were d fully cognizant of its details. .The flive vital points enumerated in g hu burderoau have thus been con Ssidered at length, because they form' Ythe ;'ivot upon which tihe judgment of nthe fort hcoming trial at Rennes de ponds. They em body all that the |urofCassation has left standing of the charges made In 1894 against Capt. Dreyfus. If the prosecution succeeds in provin g that Capt. Dreyfus handed over to a foreign power any one of the five documents mentioned in the bor dlereau, Capt. Dreyfue must be con Sdmned as a traitor and transported r back again to Deovil's Island. If, on the cont rary, and this seems now al. moat a.certainty, the prosecution fail to establish tbat Capt. Dreyfns delivered any of the five documents to a foreign power, he must be acqjuitted. f A T TilE NonTHm P'o[E.-If the North I Pole is ever reached, thq adventurous r spirits who get there a lli find that fhehae actually e &,6ripped Father -Time altogether-in. act, hie will have given up the rae entirely, for at the o northern and 5et ern extremities of -the earth's axy there is no fixed time y at all. At -moment it can be either , noon or m nwiht, breakfast time or o supper Twoktime or play time, d whicl'r r you like. Clocks will be a A a- frau nud a delusion, for at the ole is a gee of longitude converge lnto nadhefoeall times. The poe a Dlte of such a position are endless. 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