davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-13
SUGAR TRUST CASES
The Demurrers of the Recalcitrant
Witnesses Overruled.
JUDGE COLE DELIVERS THE OPINION
A Complete and Exhaustive Dis
cusson of the Points Raised.
ETTT T TEYT or THE DECJCION
FULL TEXT OF THE DECISION

Judge Cole, this rorning, in Criminal
matter of the demurrers filed by Messrs.
John w. Mccartney and Elverton r. Chap
man, indicted last summer for refusing to
answer certain questions asked them by
Senator Gray's sugar trust investigating
committee. The demurrers were overruled
by Judge Cole in a most interesting and
elaborate opinion, and, the two indicted
men must, If Judge Coles decision is not
reversed by the Court of Appeals, stand a
trial. 1t was practically agreed. 1t is said,
that the other indicted sugar trust wit
nesses, Correspondents John S. Shriver and
E. Jay Edwards, Henry o. Havemeyer
and John E. Searles Of the sugar trust,
would abide by Judge Coles decision, there
being no material difference between the
indictments returned against them and
those returned against Messrs. Mccartney
and Chapman. That is, to the extent of
consenting that the case against the latter
defendants should be made test one.
Interest in the Opinion.
The announcement in The Star that
Judge Cole would render his decision this
morning attracted a large attendance.
Judge Cole read his opinion from a type
written copy, occupying nearly an hour in
doing So
1t was not generally believed that the de-
murrers would be overruled, and counsel
for the defendants were not little disap-
pointed. The opinion was an elaborate eX-
position OF the questions raised by the
demurrers, and was admitted to be one of
the most able and learned ones ever de-
livered in the District Supreme Court, its
great Importance and value being also ad-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-13

tention had been made on behalf Of tho
defendants that Congress had not the pow
er to make the thing complained of in the
Indictment an offense, and that Congress
had not the power to delegate its right to
punish for contempt to the courts.
Judge Cole remarked that IL appeared to
him that the first matter had been covered
by the decision, and District Attorney Bir-
ney explained that the demurrers COM
planned that the indictments were bad In
substance, both points were covered by the
decision.
At the suggestion Of Mr.. Wilson, the for
NAL entry of the overruling of the demur-
rers was delayed until next Saturday, in
order that the appeal which he noted
would set forth both points
While 1t Is not the general practice of the
Court of Appeals to consider an appeal on
demurrer previous to the trial of the case,
1t is the general impression that in the
present instance the court will make an
exception. as II did in the Ainsworth case.
If so, It Is more than probable that the app
peal will be heard the earlier part of next
month. Should the Court of Appeals at
fl m Judge Coles decision, an appeal will
be in order to the United States Supreme
Court: provided, Of course. there is a con-
stitutional question at issue. Until the APP
peal Is finally disposed of. there will not,
Of course be a trial of any of the indicted
parties.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-13
Watches, $3.50.

SH8 G G11ss Watches, $3.50.
We got this lot Of watches from H.
Muhr's Sons OF Philadelphia, who We're
going out OF business. They gold filed
cases, but they warranted for fifteen
years-stemwindng. Elgn Waltham
movement, fancy plain engine turned
For ladies and men.
Geo. w. Spier, $40 9th st.
lust atCye the ''AyeUue" I'D
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-13
N OUR BANQUET HAIL

SPECIAL NOTICE Is HEREBY GIVEN THAT
the partnership subsistlng between James p.
Gaddis and Adam Gaddis, carrying on real es-
tate loans and insurance business. under the
firm name ofSas T. Gaddis & Co. dis
solved the 10th day of November, 1894 by
mutual consent JAS. p. GADDIS. ADAM
GADDIS. nolO-3ts
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-13
The "I<id' Captured by Cowboys.

Jno. alias kid Thompson. the alleged
Roscoe train robber who led the railroad
detectives and sheriT's officers such
merry chase through the Arizona desert.
has at last been landed in jail. After the
capture of the kid" by cowboys he was
taken to Phoenix. The outlaw. upon whose
head a reward of $1,70O stands, consented
to waive extradition papers and at once
started for this city to face his accusers.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-13

Upon the conclusion Of Judge Coles de-
cision, Mr.. Jere M. Wilson. of counsel for
the defendants, arose and stated that he
wished it to appear Of record that the con-
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-13
SPECIAL NOTICES.

g. A. COLLINS FORMERLY IN CHARGE OF THE
watch repairing dept. of ii. SeInken and j. kar-,
is now located At 1223h ST., in connection
with @. III. Davidson, jeweler, where he would be
pleased TO his friends and the general public;
hnest work possible and charges reasonable.
oc3O-lSts
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-13
The National Safe Deposit,
Savings And Trust
Company

Chartered BY special act Of Congress
jan, 1867 and acts OF Oct. 1900. and Feb, 1891.
CAPITAL. ONE MILLION DOLLARS.
Rents safes inside burglar-proof vaults at -
per annum upward.
SAVINGS BANK DEPARTMENT.
Deposits received from TEN CENTS upward,
and Interest allowed s. and above.
Loans money real estate and collateral
security. Sells lrst-class real estate and othsl
securities IN sums Of $500 and upward
TRUST DEPARTMENT.
This company is q legal depository for court
and trust funds and acts a. administrator, ex-
ecutor. receiver, assignee and executes trusts
Of all kinds. Wills prepared By competent
attorney In daily attendance.
BENJAMIN p. SNYDER, President.
THOMAS HYDE. First Vice President.
JAMES N. JOHNSTON. Second Vice Presideses
THOMAS r. JONES Third rice President.
r. FRANCIS RIGGS. Treasurer.
ALBERT L. STURTEvANT Secretary.
JOHN @ WILSON, Trust Onicef.
DIRECTORS:
Benjamin p. Snyder. George 7. Dunon
Albert L, Sturtevant Zenas @. Robbins.
George H. Plant, Andrew wyie.
Lewis Clephane, Matthew G.. Emery,
Henry A. Willard. y. Francis Riggs,
James ". Johnston. william e. Fdmonstoa.
r. Rosa Perry, John 9. ParEe,
Thomas Hyde, John r. Rodgers,
William z. Clark, Thomas r. Jones,
Robert o. Hoffman, Woodbury. Blair.
oc13
Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-13
Hooper, Helphenstine
& Co..

BANKERS.
MEMBERS n. Y. STOCK EXCHANGE)
STOCKS, BONDS, GRAIN, PROVISIONS AND
COTTON.
la ADAMS BUILDING. lSs3-1s35 ST.
The evening world., 1894-09-05
TO SUE M'ALLISTERS.
Lizzie Mccall After Hayward to
the Extent Of 100000.
Accuses the Married Man Of Breach
Of Promise Of Marriage.
Also Wants $4,000 from Ward for
Defamation of Character.

Lizzie McCall-Wall. whose stage ca
reer has been an extremely sensational
one, has decided to make matters lively
for Ward McAllister and his family.
From an early hour this morning she
was closeted in the law Office Of Howe
& Hummel. Although alone she re-
fused to see anyone not connected with
the firm. While she waited In one
room, Lawyer Abe Hummel wrote sheet
after sheet Of foolscap paper. To an
" Evening World" reporter. who called
upon him, Mr.. Hummel said:
II am now preparing the summons
and complaint in an action brought by
Miss Lizzie Mccall against Hayward
Ward McAllister. The cause of action
Is breach Of promise of marriage.
t tSe eompiaiSt is nshed and r signed and
sworn to by Miss Mccall"
From other sources 1t was learned
that Miss Mccall asks damages from
promise; that her sister Maggie, a cloak
model in this city, Is an important
witness in the action.
1t is said that Miss Mccall will brine
suit against Ward McAllister himself fol
$4,000 damages for defamation OF char
acter. So earnest is Miss Mccall In thest
suits that she visited Police Headquart
ers yesterday H. orded to get warrant
for Ward McAllister's arrest.
The action of Lizzie Mccall is suing
Hayward Hall McAllister will create
something more than surprise In socia
circles, as Hayward McAllister married
JAMIE Champion Germany, OF Savannah
Ca. Aug. 90 1887.
Miss Germany was the daughter Of the
late George w. Germany, whose socia
position IN the South was above that O.
was kept a secret until May, 1892, be
cause OF young McAllister's Inability t.
support wife. When Mr.. McAllistel
heard Of Heyward's marriage, five year.
after it's solemnization, he said:
my son has never lived with his wife
and do not know that the marriage
has ever been contaminated"
Shortly afterward Mrs. cAllister cam
on to New oYrk to assert her rights
In which endeavor she was not opposed
The evening world., 1894-09-05
KISSED BY A MANIAC.
Pretty Miss Clauss Embraced on
the Street in Elizabeth, N. ].
Mayor Rankin Gave Chase and
Captured Her Assailant
He Said He Was Gustave Boettke
and Talked Incoherently.

ELIZABETH. N. j., Sept. b.-Miss
Louise Clauss, daughter OF Assessor
Clauss, of this city, Is an attractive
young woman. eighteen years OF age.
For some time she has been employed
as a clerk in William e. Donnelly's
store, on Jersey street.
About s o'clock this morning. as was
her custom. she started from her par
ents home to go to Mr.. Donnelly's store.
When she turned into Jersey street n
strange man suddenly threw his arms
about her and kissed her repeatedly.
Miss Clauss screamed for help and her
assailant finally released her, and ran
down Jersey street.
A woman who, witnessed the AFFAIR
hurried over to the residence Of Mayor
Rankin, nearby. and informed him OF
what had occurred. He followed and
captured the man after a chase OF
The prisoner described himself a,
Gustave Boettke. aged ffty. He was
very excitable, and when asked why hs
give any reasonable reply, but talked ir
a rambling way. The Mayor and the
police believe that he Is insane. He wa,
locked UP to await hearing tomorrow
Miss Clauss after being released b,
her assailant returned to her home cry
ing. Assessor Clauss was very Indignant
when he learned of the affair and hur
ried to Police Hes dquarters. where h,
Mr.. Clauss's anger was somewhat ap
peased when he learned that his daugh
ter's assailant was probably insane.
Miss Clauss on recovering from hel
sumed her duties there as usual. Sh,
declined to talk about the assault.
The evening world., 1894-09-05
RAID ON DOCK RATS"
Six Of a Tough Gang Captured BY
Police Reserves.
Two Patrolmen Forced to Draw
Their RevoIvers.
When ReinfOrcements Arrived the
Gang Scattered.

The West Forty-seventh street police
swooped down last night on a gang Of
loafers which has made its headquarters
on the dock at the foot of West Fifty
second street. AS a result of the raid
six prisoners were arraigned in York
vile Police Court this morning.
The recognized leaders of the gang
are Nicholas Lawrence. aged twenty
three, of 52s West Forty-ninth street.
and Thomas Scanlon. OF the same age,
whose home Is at 1856 West Sixtie;h
street. The former is known Familiarity
among his pals as big nose" while the
latter rejoices in the name of "Slobby.'
The police say that most OF the hood
lums are ex-convicts. There chief indus
try Is to live without working. to hold
up and rob people passing within their
TERRITORY, to annoy the police and work
the growler. They always have bocts
near the dock, and these they have
stolen, as a means of escape when the
police come hot upon them.
The raid of last night had its origin
In the theft OF two hammocks. which
Scanion and Lawrence are said TO have
The night before they took the. ham
mocks to the stable Of Thomas Kitten;
street and left them there for sae-keep-
Ing, All this they did without the
knowledge of the stables owner When
they went for their hammocks yester-
day morning they found them gone.
Kittleman was accused by them OF
stealing the booty, and was told that II
he did not pay them 81 his life was
worth no more than straw in his
barn.
Kittleman knew the calibre of the men
and decided to pay them 81, as he said
this morning, under protest. Ihat
IL. he told them that II they didn't pay
police on their track.
Kittleman then went with his story to
the West Forty seven street police: He
brought back with him to the FIFTY
second street dock Detective Dale and
Patrolman Douglas Dale left word that
section OF the reserves should follow
him in a few minutes
The members Of the gang were all on
the dock when thew saw the two police
men coming, They laughed at the idea
that two officers could come to conquer
them, and proceeded TO beat the cops"
Dale and Douglass kept the crowd back
with drawn revolYers. and just then the
reserves rushed down the street.
In SECOND the crowd scattered.
Each policeman made for n nan. but
many OF the wharf rats were too SWIFT
and knew the dock too well Some ~
them crcpt into holes where no one
could find them; others jumped into
boats. In this way the police think
that about fifteen escaped. The other
six were taken.
Lawrence are: Walter Keenan,. aged
twenty-five. S7 Tenth avenue: Thomas
Murphy, twenty-five, $40 Eleventh ave
nue.: Thomas Cleary, twenty years old,
baker aged twenty-six, OF $50 West
Fiftieth street. SCanlon and Lawrence
were held for trial for larceny. The
others were fined or sent TO the island
The evening world., 1894-09-05
DEATH and FIRE
FROM THE GAS.
Anton hirSChOrn Found As.
phy1iated in Bed and His
Room in Flames.
ONE Gas JET WAS LIGHTED.
Another Was Wide Open, and
this Caused the Subse-
quent Blaze.
WAS lr ACCIDENT OR DESIGN 7
Reasons for Believing that the
Dead Man CHEESE a Novel
Way to Die.
WAS n ACCIDENT OR DESIGN 2

Anton Hirschorn, fifty years old, was
found dead in his bedroom at his board
ing-house. IA West One Hundred and
Twenty-fifth street. at 4.30 o'clock this
morning. having been suffocated by in
haling illuminating gas.
Although there Is some reason to think
that his death was accidental, yet the
police and the friends of the dead man
believe he committed suicide.
The house in which Hirschon died
is a fashionable clearinghouse kept by
Isabel Woehr, who occupies two brown
stone-front buildings. II and IA West
One Hundred and Twenty-ffth street.
Yesterday he hired the rear room on
the, top floor of No. IA. His wife and
two children stayed with her father.
Samuel Wise, of 20l3 Fifth avenue.
Hirschorn went to his room at $40
last evening. Nothing out of the way
was noticed in his manner by any of
the hoarders. This morning at $50
o'clock Mrs. J. Arckson. who occupies
room In No. IA. was awakened by a
got up and saw flames shooting over
the transom of Hirschorn's room.
N She aroused Mr.. Woehr, who at cnce
went out and rang an alarm of fire. The
door of Hirschorn's. room, which was
locked, and found him with his under
clothes on. lying on the bed. His feet
All the boarders in the house, mum.
bering about forty, were aroused, and
for a time the greatest excitement pre-
vailed; Then fright caused u.s. by the h re-
they learned of the manner of Hirsch-
orn's death
\ The double gas ,et, in HirschorTns
l
[ was burning low, while from the other
which supplies a small gas stove in the
Winter the gas was rapidly escaping
The cock was turned on full: ,,.,,
The flames were quickly extinguished
1 and the only damage done was TO the
wall and woodwork near the gas jet.
J Why IHirschorn lighted the one burner
however. that when the room was Allied
with the escaping gas, the other burner
being lighted, an explosion was the
1t was remarkable that neither the
bed clothing nor the clothes on the dead
mans body, were even scorched.
pe M Ss hd Est Have ase
,dentally turned on one burner while
Mr.. Wise, the dead mans father-in- law
| furnished plausible motive for suicide
He said that his son-in-law had beer
in poor health for several years. Three
years ago he had a slight stroke o
Ss s,Ss the rsht sds his
was affected. He has since suffered II
intervals from dementia,.
Last March he was obliged to sell gu
his cigar store at SO West One Hundre,
and Twenty-fifth street. With his wifi
and two children he then went to tn
Catskills. They all returned last week
ns and s1ay taking
the clearinghouse until he could sc
cure nat to resume housekeeping.
The evening world., 1894-09-05
WILLING TO RACE ON GRIT.
GOuld's Action, in Spite of vigil
ants Accident, Commended.
(By Associated Press.l

(By Associated Press.)
LONDON, Sept. 5.-The Timess corre-
spondent. describing the mishap to Wig
ilant's centreboard, says:
"The chain-pendant surged round the
windlass. breaking away number of
cogs on the spurwheel. as well as two
pinion wheels of the multiplying gear.
The centreboard trunk and gear were
wrecked.
MT Gould. in offering to race with
increased ballast, expressed the opinion
that in the event of leading wind pre-
vailing. Vigilant would go quite as fast
as IL she had centreboard, but that she
would be under a disadvantage should
she have windward work"
Concluding, the writer says at may
be said that Mr.. Gould acted in a thor
oughly sporting spirit under trying and
delicate circumstances"
Mr. Gould intends to start for the
United States at the end of the month,
laying up bSth Atalanta and Vigilant
at Southampton for the Winter.
The evening world., 1894-09-05
DEPARTS.
Left Cowes in Tow for Winter
Quarters at Southampton.
Failure Of the Cape May Cup Race
Great Disappointment.
Goulds Receive Expressions Of SYM
patty from British Yachtsmcp.
(By Associated Press)

FREsHWATER GATE. ISLE OF
WIGHT, Sept. "a fleet of yachts,
large and small, steamers and sailing
craft, gathered this morning about Tot
land Bay, to witness the race for the
Cape May Cup. between Vigilant and
Britannia.
News does not travel so fast in England
as 1t does in the United tSates, and 1t
was therefore not until to-day that yacht
men in this vicinity became aware that
Vigiant hal lost her centre-board, that
the Gouds had withdrawn their challenge
for the cup and that the Prince Of Wales
had accepted.
Britannia lay in Cowes Roads proudly
flying thirty-eight winning flags, repre-
senting the number of races she has
won this eason. She will now be laid up
for the Winter.
On board the Gould steam yacht Alta
lanta, which was anchored very near
britannia, was a group of interested
people, among whom could be discerned
George Gould and his wife and chill
dren. About them were several friends.
her winning flags to the breeze. hoisted
Old Glory. as II in proud defiance of the
saucy cutter Bue the American yacht
refrained from displaying her racing
flags, and at / P. Nj. she was taken in
| tow and headed for Southampton.
where. 1t Is understood, she will lay
up until next year.
Mr.. Gould's only explanation OF the
accident is that there was a defect in
the casting of the centreboard hook
made at Southampton, after the first &C
cident to Vigllant off the Needles. At
the same time he admitted that Capt.
Haff thought Vigilant struck upon the
Five Rcks while on her way to Cowes
from Dartmouth.
Howard Gould to-day said that In con.
thought that the demand of the English
yachtmen, that they should not be com.
PEELED to name their challenger until a
| short time before the race. was reason.
able. He admitted, however, that they
| must give the dimensions Of all theiI
prospective challengers.
the next contests for the Americas Cur
should take place off Newport.
The members Of the Royal Yacht
Squadron continue to express sympathy
| with the Goulds In their misfortune,
with vigilant; but It may be added thai
the Needles, on Monday last, when Vigi
| liant was making for Cowes, claim t,
have seen her touch on the Five Rocks
off the west end of the Needles. TIL,
evil-minded thought that this was dom
Intentionally. asSthey claim there wa
shore.
1t should be added, however, that NJ
unprecedented person pays the slightes
attention to these insinuations.
| The Prince Of Wales has telegraphe,
to Mr.. w. Jameson. his Representative
on Britannia. his approval Of the lat
| drawal of their challenge for the Cap
| May Challenge Cup.
The evening world., 1894-09-05

The Viking ship, which was built on
the model OF an old viking rover found
fourteen years ago In the ground deep
under the village of Gogstad, near
Sandefjord. sailed from Christiania on
April 9, 1893. Her commander was the
famous Capt Magnus Anderson. who.
with a picked crew, cruised along the
coast for time and early In May com
menced the trip across the Atlantic.
which ended triumphantly.
Capt Anderson's object. 1t was given
out was to show that the Norsemen
ought to have discovered America
while on some OF their venturesome
trips in boats such as the Viking.
When the strange craft reached New
York, II remained In North River for
some time and was of popular interest.
The arrest of Capt. Anderson and part
OF his crew, in Brooklyn, on charges OF
intoxication after they had attended a
reception. attracted particular attention
to the hardy sailors.
The Viking was II feet long and
pulled sixteen oars to the side. She was
built throughout of solid century de-
tying oak.
The evening world., 1894-09-05
WESTERN MONTE CARLO"
Two Concerns Like the westchester
Den Projected for 81. Louis.

ST. LOUIS. Mo-. Sept. 5.-According to
current rumors there are two plans now
under consideration. which may develop
In the operation OF a led "Montj
Carlo" on the east side OF the river
John IIambrlck is said TO he nle main
man IN one OF the projects, the plan OF
both being about the same. The hackers
of the second project are as yet unknown
to the public.
The plan OF Hambrick and his ascot
ates is said TO be to build
eighth mile track near the Madison
race track, over which two heat races
will be run each day, one in the after
noon and one AT night.
This will. under the laws of Illinois,
legitimize gambling within the inciosure.
Here, in the afternoon, i Is said for
elgn book will be operated, while faro,
keno, craps and other games OF chance
will be conducted in buildings erected
within the Enclosure.
At night hte game alone Will be con-
Quoted.
The plan Of the other parties Is to erect
a similar track at Pittsburg Dixie, in 81,
Clair County. which can be reached In
ten minutes by ferry, where the same
kind OF an establishment will be run.
The evening world., 1894-09-05
SCANDAL LED TO SHOOTING
school Superintendent Assassinated
by DIR. simmons's Son.
(By Associated Press.)

tby Associhed Prees.D
HENRIETTA. Tex. Sept. Sd. w.
Witt, Secretary Of the Thirteenth Dis
trict Convention, now in session here.
and Superintendent Of Public Schools. at
Decatur, nifty miles east Of here, was
assassinated At the latter place last
night by 8. Simmons. a young business
man Of Sherman. The tragedy occurred
in q public street at Decatur.
Miss Nollie Simmons, daughter OF DR..
Simmons, sister to the assassin, has
been an art teacher In the Northwest
Texas Baptst College, at Decatur. but
resides at Sherman. While at the
former place a scandal was circulated
which involved Miss Simmons and Witt.
It II alleged that undue intimacy exist
ed between them, and that Witt openly
boosted of It. The brother came here
after Witt, but the latter boarded the
first train for Decatur. Simmons left
soon afterwards and found Witt walk
ing along the street, when he flred two
bullets into his head. He was accom-
panied by his brother Ed A. Simmons,
member of the Texas Legislature.
Witt has relatives in st. Louis and
Chicago He came here three years ago
from Decatur. Young Simmons is In
jail at Decatur.
The evening world., 1894-09-05
DEATH OF Ex.CAPT. CORNELL
The Old Eleventh Precinct COM
mander Passed Away in Troy.

The officials about Police Head
quarters, Brooklyn. were very much
surprised this morning to learn Of the
sudden death Of ex-Police Capt. Thomas
Cornell in Troy yesterday. .
Capt. Cornell died OF apoplexy. He
was about sixty-nine years old and
leaves two sons: William and Thomas;
years ago, Capt. Cornell has lived with
his son William at ~ Monroe street.
He was an active member Of the police
rose through the several grades to that
of captain. His last command was the
Eleventh Precinct. For ten years prior
to his retirement, two years ago, he
Bureau.
He was member OF the Common
wealth Masonic Lodge No. 400 and was
also a Royal Arch Mason.
The body will be brought to Brooklyn
for interment.