davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1900-04-10
THE CASE OF EX-CAPTAIN CARTER.
SOLICITOR GENERAL RICHARDS MOVES TO
DISMISS THE WRIT OF ERROR.

Washington April 9-solicitor-General Richards
to-day submitted motion to dismiss the writ OF
error from the decision of the Circuit Court of
Appeals for the lid Circuit in the case of ex-
Captain Oberlin NJ Carter. The reasons for the
motion are given follows:
First-That the Supreme Court has no jursdic
ton in that the record does not disclose any case
covered by Section D of the Act of March 3, 1891
coming under the section just stated the appellant
having elected take his case to the Circuit Court
OF Appeals is barred from taking an appeal under
the section quoted because IL Is the purpose of
defeated in the Circuit Court of tne United States
the right have his case finally determined upon
its merits both In the Supreme Court and the
Circuit Court of Appeals
Third-That the questions sought to be reviewed
by the Supreme Court in the present appeal and
writ of error have been submitted to 1t in the
petition for writ of certorari. which petition
was denied.
Fourth-That the record not showing any case
arising under Section s. and the appeal having
been taken to the Circuit Court of Appeals under
Section of the Judiciary act of 1891, the judg
Inent of the Circuit Court of Appeals in this case
is final and conclusive. If, however, the Court
shall hold that ii has jurisdiction of the appeal il
is urged that the order appealed from should be
affirmed for the reasons stated in the opinion Of
the Circuit Court of Appeals, and motion is also
made with that end in view.
A. J. Rose filed brief in opposition 10 these
motions contendng that:
under the provisions Of Section 5 of the Act of
Congress of March 8. 1891 and that a question in
volving the application of the Constitution was
directly raised in the court below, and that the
accused in way waived his right Of interview
Of this court by the appeal to the Circuit Court Of
New-York tribune., 1900-04-10
KILLED HIMSELF on EVE OF MARRIAGE.
VERDICT OF ACCIDENTAL DEATH IN CASE OF
CAPTAIN LOUIS osTHEIM u. S. A.. .:


CAPTAIN LOUIS osTHEIM. U. S. A. ...:
Chicago April "a verdict of death by
cidental wound decided on to-day by the Cor
oner's jury in the of Captain Louis Ostheim.
of the 1st United States Artillery, who was found
dead last night in his apartments at the Audi
torium Annex. At first it believed that the
death OF Captain Ostheim due to suicide, but no
motive has been found for such act and after
listening to considerable testimony the jury
dered II verdict.
Captain Ostheim was to have been married O.
day to Mrs. Eva Bruce Wood. and he secured
marriage license Sa aturday. Captain Osthem, 1t Is
said had been in poor health since his return from
the Philippines and had suffered considerably from
insomnia.
The revolver with which Captain Ostheim shot
himself had been purchased by him for self-pro-
H lection on Saturday. as he carried large amount
that the captain awoke Sunday morning in night
%ans dons and shot himself not knowing what he was
Captain osthelm was born in Pennsylvania about
Militia he entered the United States Military Acad-
n was s in is h m sseona s
tenant of the Sd Artillery June l5 1888 His first
he remained until 1855 He then secured a leave of
oem wa 0n n IN 10 ne o %
Myer virginia He left that April l5 1887 and
in M he re@4ned in to the the DH of
School ,o for PRACTICE and on May p 1891, became
transferred to the sth Artliiery and stationed
when the spanish American % T War % broke e0a out Lieu
tenant Ostheim was ordered TO the Philippines On
transferred to the 1st Artillery as a captain and
was assigned to r Battery which was the only
battery of that organization serving Philip
pines.
Walter B. Phister. uncle of Mrs Wood. said: 'I am
sure the Captains death caused by accident
He was perfectly happy, and had made ali arrange
ments for his wedding tomorrow. He had even
bought tickets for his bride and himself to Cincin-
natl which was to be the first stage in their
wedding journey. He had given one ticket to Mrs
Wood Wood so that , she nigh might get her trunk checked,
mer home; and other cities, After May they were
TO be at home at Fort Screven Savannah where
the Captains battery Is Stationed
Among the articles found in the Captains room
were two wedding rings. One was of heavy gold
and inscribed: Eva to Louis April 9 1900
The other was smaller. and more delicately
9, 1909" - ' N>fi--
New-York tribune., 1900-04-10
ALL QUIET AT MIDDLEsBORO

Middesboro, KY. April s-Everything is quiet
here to-day. Sheriff Broughton has taken several
prisoners to Pineville for safe keeping 1t s not
known where the Chief of Police, King is A
number OF special deputy sheriffs on duty and
the Republicans say they will be kept as long as
they are needed The Democratic Council has
sworn in no additional police, but the old force is
now performing it's duties unmolested. The gen
eral opinion is that there will be further
Deputy Sheriff Charles Cecil, who shot Satur-
day night. had one leg amputated to-day "Will"
Mosley, the special policeman who shot Cecil was
himself later killed by unknown persons. War
rants have been sworn out for the arrest of the
Chief of Police for John Mosley a brother Of the
man killed and for "Will' Sullivan. The latter
two were extra policemen. and went with King 10
arrest a negro who had been released by the CITY
Judge The fight is the of the bitter feeling
that has existed here between two factions
New-York tribune., 1900-04-10
PRESSING THE QUAY CASE.
THE FINAL VOTE MAY BE TAKEN TWO
WEEKS FROM TO-DAY.

Washington, April 9-An unsuccessful EFFORT
made in the Senate to-day to agree on a
date for vote on the resolution relative to the
seating Of Mr.. Quay as Senator from Penn
sylvania The effort will be renewed tomorrow
Mr.. Chandler announced that the friends OF
Mr.. Quay were ready for a vote.
Mr.. Burrows hoped no vote would be taken at
this time He was. he said. in receipt Of a tele-
gram from ali absent Senator who desired that
no time for vote be fixed until he returned
On Wednesday, he said, he would address the
Senate the subject
Mr. Penrose appealed to the Senate and to Mr.
Burrows for the prompt disposition Of the case
which had so long been before the body.
Mr.. Stewart thought Mr.. Burrows's request
that the go was. In view of the unani-
able. THE Senator has had months in which to
prepare his speech, and now he wants more
months" said Mr.. Stewart tartly.
Mr.. Chandler, In view Of statement by Mr.
Aldrch that the business of the Senate would
be facilitated by the fixing of date for vote
on the case, asked that the vote be taken two
weeks from tomorrow, at p. m.
Mr.. Burrows suggested that. in view Of the
desire of the absent Senator expressed in tele-
gram to him. he would ask that the question of
a vote go over until tomorrow.
Mr.. Penrose asked If Mr.. Burrows had any OBJ
lection to naming the absent Senator.
Mr.. Burrows said he not at liberty to give
the name but withdrew his objection to the eff
fort TO fix date for vote.
Mr.. Jones. of Arkansas, then interposed an OBJ
lection. he could not see, he said, that de-
lay Of two hours would make any difference in
the fixing OF a vote two weeks away.
After some further discussion the Quay case
went over. with the understanding that Mr..
Chandler tomorrow would ask that date be
fixed for vote. probably two weeks from to-
New-York tribune., 1900-04-10
ARNY FUNERAL EXPENSES

Washington, April (Spec' 'aD--Secretary Root has
rendered a decision that the expenses OF burial OF
deceased officers other than transportation OF the
remains, which under the law is payable from the
appropriation for Army transportation limited to
s75, and OF enlisted men. limited to s35. will be
limited the of the coffin the rea soma ble
and necessary expense of preparation of the re-
mains for burial and will not include such items
as for guarding remains expense of services of
clergyman or minister, music by band or choir
flowers cost or hire OF pail to be used with horse
tombstone, Grape gloves for pallbearers and ex-
pense of grave site where the remains are sent
home at the request of relatives
New-York tribune., 1900-04-10
REPORT FROM GENERAL OTIS.

Washington, April 9.-The following report OF
recent developments in the Philippines re-
ceived at the War Department to-day from
General OTIS
Manila. April 9.
General Bates just returned from south, after
placing 10th Infantry at Surigao, Cagayan, Hi
ganea, Isamis, Dapitan Northern Mindanao
and attending to special matters intrusted TO
him. Department Mindanao and JOlo. attended
by two naval vessels and two g1Inboats. Troops
occupied points without resistance. Two hun
dred and forty-on rifles, nnetyseven pieces OF
artillery surrendered. Eleven places in Mindanao
and three in Joo archipelago now occupied by
troops without the firing of shot. Affairs in
that section quite satisfactory.
New-York tribune., 1900-04-10
PUERTO RICAN LABOR TROUBLES.

Washington. April 9-Secretary Root to-day made
public telegram from General Davis. the Military
Governor Of Puerto Rico, In regard to the recent
labor troubles San Juan, but beyond indeat-
ing his private opinion that there is no likelihood
of a recurrence of the riots the Secretary declined
discuss the matter for publication. General
Daviss telegram is follows:
Civil disorders here beyond control of military
police thereby forcing the of troops for the
preservation of order. Have placed officer Of the
Army in charge of the municipal police Of San
juan The trouble has been principally caused by
assaults by natives upon resident negroes from
neighbOring English islands. one native ana one
British subject Killed.
New-York tribune., 1900-04-10
NO CANAL ROUTE ACQUIRED.
THE STATE DEPARTMENT WAITING FOR
ACTION BY CONGRESS.

Washington. April S.-The State Department au-
thorizes a denial of the published statement that
fl has practically completed arrangement for
the acquisition OF considerable strip of territory
along the OF the proposed Nicaragua Canal
II is added that under no circumstances would the
Department feel warranted in taking steps in that
direction making any movement relative 10 the
various canal projects until Congress has signfed
its wishes by ratifying the HayPauncefote Treaty
passing of the pending bills for the con-
struction Of the canal.
II is assumed that inquiries made by the
members of the Isthrnian Canal Commission. while
tina; body was pursuing its Investigations In Mica
ragua formed the basis for the statement. But the
State Department, which is the only medium
through which negotiations such a subject
could have any official standing, has entered into
no such arrangement that described.
New-York tribune., 1900-04-10

tor of a Court of Pension Appeals, has submit III.
ted the proposed measure to some Of the mos most
eminent jursts of the country, and 1t mas peeIi
indorsed by them The committee also has con. con-
ferred with the President on the subject. ans S
legal authorities and others who have exarnhneu
the BILL said General Shaw to-day, are OF opin9en
that the measure. If ii become law, VIII justly
itself securing disnterested and prompt aoluoI.
cation of pension claims. The proposed eour. a,Y
would be composed Of men OF learning ana oleni
and would not. like the present Board or Pension
Appeals, be appointed by fhose persons from whose
rulings appeals are taken. The proposed court
would soon be able TO simplify the matter OF ap-
peels by codifying its decisions, and could MAKE
recommendations TO Congress to further legisla-
tnn u needed
New-York tribune., 1900-04-10
THREE NEW NAVAL CONSTRUCTORS

Washington April (speciaD.-Commissions were
issued by the President to-day to three new as
sistant naval constructors, who have compIeted
their supplementary courses Glasgow and will
now begin actual work at home stations They ara
W. G. Dubose, OF Georgia: Ernest F Egeert q,
Michigan, and Joseph W. Powell of NewyorL
Eggert VIII go TO the Portsmouth yard Dubose r.
Norfolk, and Powell TO assist Constructor Ro1Iae
at a, NeW.Y3rk Powell had command of the launch
~hich waited all night at the mouth of Santa 90
HarDor looking for Hobson to come out afer st
ing the Merrmac 'ei siiih-
New-York tribune., 1900-04-10

Washington, April 9-The following Army and
Navy orders have been issued:
ARMY
proceed from Fort Yates 70 Seattle and report for
en9 Of Asssa sa'ns general OF me Depart
Second Lieutenant RALPH B LISTER. 10th Infantry.
ssa VIII P#esssa Tef ass5s51is tsr
sec3nd Leutenent WILLIAM l. KARNEs, eth Cavalry;
to Fort SIN and join his roop ''''FeN
The following Cavalry:
Troop IIo0 70 70 Tf56 Tf58p Lieutenant FARMER from
Be relieved om duty at Fo TSoms Sa and viii po @
ea to & san Pfsnfisco and @ report for assgnnent men b to
regiment in the Philippine Islands
First Lieutenant CHARLES Il cABANIss Jr upon his
e~ sPPSa9 tasoi is desd & as e military
Second Laeutenants JOHN H. vICKERs Jr- and LEWIS
W; DILLON. Both Infantry. having been found de-
honorabiy discharged service Of the United States
Chaplain BARTON W PERRY. recently appointed, will
proceed Francisco report further or
NAVY
-comn,ander & W MLEAN. order 5h inst mod
P anfeeu Ap T g. AP q = snd to the
sick leave granted for two months pf0'ee H0'ne ana
Prairie immediately and temporary duty
on the Franklin until arrival of North Atlantic
Naval Cadet F I, PINNEY. order 18th inst modified;
s o5 be ee F5a P4Ff and to
Squadron Hampton Roads.
Lieutenant T. F. CARTER detached inspection duty
Thurlow. Penn, and 10 hospital. Hot Springs Ark ,
for treatment.
Lieutenant G f. HUGHES. detached as inspector of
equipment at Philadelphia and Wilmington Del, and
continue other duties
Lieutenant L. A. BOSTWICK, duty inspector of
equipment. Cramps Ship Yard. and Neafe & Lew
ton Del ''o anu --''-AA % iiO'iHs'''h' winning
Lieutenant L. A KAISER to duty at Newport News Va.
and relieve relief of Lieutenant w N. April IA
Chaplain W T HELMS. temporary duty board the In
dependence.
Iaa,fc II
the Prairie. April %. 10y
Civil EngiIser H r. STANFORD temporary duty Navy
Yard, Mare Island. - ''
Lieutenant JOHN HOOD special temporary duty Bureau
of Equipment. -
Commander G. EATON additional duty SIS inspector Of
ordnance, Lynn, Mass ~ -
Captain H. W. LYON. commissioned from March 27 taoo
Navy Yard. New-York). - ~
Commander E. B. BARRY. commissioned March 10 1900
Marcellusj. 49, ~
Lieutenant Commander a. F. FECHTEI.ER cor,uts
stoned from March 27, 1900 CNavy Yard Mare Isandl
Resr-Admiral c. s. COTTON commissioned frorn Ma~ch
q. 1900 (Nayal Retiring Board).
New-York tribune., 1900-04-10
THE EENTUCKY SITUATION.

NO TROUBLE TO ARREST JIM HOWARD. IF HE
IS WANTED.
Frankfort Ky, April 9-The report that 1t would
take 1000 Jim" Howard of CLAW
County. who is said to have fired the shot that
killed Goebel. denied to-day by DR. H B
Phillips of Clay County DR.. Phillips arrived here
to-day and announced that he had seen Howard
and had long talk with him. Howard he saws
told him that whenever a warrant was issued for
his arrest he would gladly with the officer
serving it; and would not attempt to dodge or re-
sist the law In any way. Howard Is in Clay
County. at mis- home and told DR. Phillips TO inform
any officer with a warrant for his arrest where TO
find him
New-York tribune., 1900-04-10
AGRICULTURAL BILL IN HOUSE.
MUCH OF THE DEBATE WAS ON POLITICAL
TOPICS.

Washington April e-This dull day in the
House. The Agricultural Appropriation bill was
under consideration. and made the vehicle OF
considerable debate political topics of
which pertinent the bill. Good progress
made with the bill after the close Of general
debate. twenty-five OF the thirtyseyen pages being
covered before adjournment. Several minor amend
ments adopted
New-York tribune., 1900-04-10
FRESH TRADE DErELopuEyTs

growing demand for California prunes 4. -
ported from France. where the excellence a, ,s
American article is recognized. But owing "a ,s
ightn"ss Of the weed employed fer boxing larys
percentage OF recent shipment was lo<f rr
~ ICED CT guarding against this trouble In ,ss S
future. - Tue
Within the last few years IL has been rsoeas.6,v
asserted that the stock OF rst-class lithogranhs,
stone. which cor1es from certain German Quartz,
was being exhausted. and that the supply wouId
soon be gone. The American Consul at NurembArv
writes &c the State Department 20 say that th,
story - false. There is practically Unlimited
supply Of good stone. 20 say nothing OF an aboo
dance os inferior quality.
series Of letters printed by The Insurance,
Press from various parts os The country indicates
that in no place where there Is f-st class Ar,
department can $1,000 blaze cccur II the alarm,
is given within three minutes Of the time when
the fire starts.
scarcity Of wood pulp IS reported from London
The Scandinavian rnanufa cturers holding prt.s,
up and business Is a-rlost a staadstlH No r.
duction is lcoke1 far this summer. Very Htt.
'r"'r Is reaching London jus. now from the United
States.
The Engineering aad Mining JournaTs'' figures
on the copper production OF 1889 Just out They
give the output cf TIE United States I5s tors
a gain OF 259I5 on 1855. Fer the rest of world
the production Is put ct 20sGa2 gain OF l3ss
tons The total Increase ts scant 1900 tons. or
per cent Of the output OF the previous year.
New-York tribune., 1900-04-10
THE INDIAN BILL PASSED.
SENATOR JONESs sECTARIAN SCHOOL.
AMENDMENT REJECTED.

AMENDMENT REJECTED.
Washington April 9.-After further discus
the Senate to-day rejected the sectarian school
amendment to the Indian Appropriation bill offered
by Mr.. Jones' of Arkansas, by a vote of 80 16 AS
has been the practice for two three years. the
free homes" measure offered amend
ment TO the bill, but 1t ruled out the
point of order that 1t general legislation and
therefore not germane 10 appropriation bill.
Without division the bill was passed II carries
about IS 4l4.0 .000
New-York tribune., 1900-04-10
JAMES BROWN POTTER's T4rEs

Newport r. l.. April s.-James Brown Pot
ter formerly of New-York granted GER
tifcste OF citizenship in Newport to-dav by Judge
Douglass of the Supreme Court. Mr.. Potter with
New-York tribune., 1900-04-10
URGED FOR BRYAN'S running MATE.
EX-coNGREssMAN TowNE OF DULUTH SAID T.
HAVE GOLD DEMOCRATS SUPPORT.

Minnea polls Mimi April 9-"The Journal SAWS
that former Congressman Charles A. Towne. CT
Duluth is a candidate for the Democratic nomna-
ton for Vice-President. Judge Caldwell. of the
United States Circuit Court, has declined TO permit
the use OF his In that connection and Towne's
candidacy is predicated on the Judges declination
The demand for Townes nomination Is said to
come from the Gold Democrats and Republican
anti -mperialists OF New-Ensland II Is asserted
that Bryan would be glad 10 have Towne for a
running mate.
Senator Pettigrew is another supporter. His pro-
gramme is TO have the National Populist conven-
ton at Sioux Falls S. D., May g. adjourn without
nominating, leaving the matter committee
which would later on indorse the Democratic ticket
named at Kansas City. III this proves Impossible
he will push for the nomination OF Bryan and
Tovne at Sioux Falls.
New-York tribune., 1900-04-10

draws from New-York because OF dis.at,.,.s.,.
with taxation there. he informed the Court todsn
tfat he had removed the large estate OF Ma s.,say
Howard Potter. OF which he was trustee ron, Nr
York 10 Rhode Island '1"-
New-York tribune., 1900-04-10
4RNY AND NAVY ORDERS.
ARMY.

Washington, April 9.-The following Army and
Navy orders have been issued:
The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-11-01
SOUTH OF FRANCE.

BY direction of the Trustees of the late John
Grant Morris. Esu.-CANNES VILLA ALLERT0N.
An exceedingly choice FREEHOLD MANSION,
standing in It's own beautiful grounds OF about
6A acres, ard most delightfully."- situated on
the California Hills, nearly 800 feet above sea
level commanding extensive views OF the Esterel
fountains and the surrounding magnificent coun-
try The villa was most substantially erected
IN der the direction of Mr.. Alfred Warehouse,
r A. and is replete with modern eonveniences.
The accommodations comprise nineteen bed and
dressing rooms bathroom wOrkroom, schoolroom.
two boudoirs drawing room, dining room, morn
ing-roon, biliard-room, study lounge, large IN
ner hall etc extensive domestic offices; stabling
for five horses, coach houses, and mems rooms.
The charming pleasure gardens are richly dressed
with palms a.d choice shrubs, and are laid out in
terraced walks, parterres, lawns, etc. the grounds
in front slope gently to the main road, whilst
behind they rise and finish in wild and rocky
pine wood which entirely protects the house
from the north and east winds. With immediate
possession To be SOLD by AUCTION at the
Mart. near the Bank CT England, London, on
WEDNESDAY, 81 NOVEMBER, at O'CLOCK
funless an acceptable offer be previously made).
Particulars plans views, and conditions OF sale
of NJ ferris, Notary, Cannes; OF Messrs. Field,
Roscoe & Co, Solicitors, SO Lincoln's Inn Fields
London W O., and, with orders to view, OF
John Taylor Esq, Fl. NJ. Vice Consul, Cannes,
and of Messrs. TR0LL0PE, Estate Agents, Sur
veyors, and Auetioneers Hobart Place, London S.
W., England n B.-The handsome and exeep-
tiopaIly Northumberland furniture. made by
Messrs Gillow and Others, will be included In
the sale ocSo-Bol
The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-11-01
Baltimore g Ohio
RAILROAD,
Schedule in effect August n, 1000.

Schedule in effect August a. 1000
Leave Washington from station corner Of Mes
Jersey Avenue and c Street.
For Chicago and Northwest, Festi6uled Limit
sd trains 1850 2. m, Sos p m, daily.
Tor Cincinnati, St Louis and indianapolis, Ex-
pIess, 1905 a. vestibuled Limited s;i5 P. ms
express 1:10 night daily.
For Pitts5uTs and Cleyeland. 1880 g. r. $50
p m and go a. m, daily.
For Columbus, sos p. n daily.
For Winchester and way stations, -8;a5 a. m-s
For Eaitimo ore. week dayg. KISS, 500. $50,
A7:95. x1:l0, xs:20 s:S5, 1880. xi0:oo a, n,
z5;o5. x5:lo. 1870. 1890. $50. x8.00. 1000,
a7i o. $50 So eco a m, zi3:io, zIio is.
500 x3:s6, l.S5. x5:o5, x5:I0. $50. xs:Oo,
xlG:G0, MI 80. XII ;35 p. m.
Fer Annapolis. 40 and SIS a m. and 2:Is
and $50 p. m Sundays. $50 a. m, 4:35 p. N.
4:30, $50 p. n. Sundays, 500 q. m, lis p IL
Fer HaseTstown, +10:95 a. m and - 30 P m
For Boyd and way points, week days, 6:SS
For Gaitbersburg ard vay points week days.
SIS a. H., 1880, 3:i5, 4:30, $50, 5:3o, 7:05.
zI-25 p. Sundays, 900 a. H., lis, 500. 1905
1918 p. m
For Washington junction and way points week
days, s:25 a m, 4:S0, $50 P m sundays.
ROYAL BLUE LINE
al trains illuminated with Pinescf light
Fer Baltimore. Philadelphia. New York, BOs-
s:So Buffet 1000 (Diner), a. m, E:I0.
fDinerl, 10 (Diner) 500 Royal Limited"
Exclns5TeIy Pullman Train Dining Car. 100, 800
;Gs Car open at I0:G0 O'clock Sundays, 2;S5,
90 SEQ a n 1910 noon LILO Dining Cara,
s0o les Dining Cars. 500 and II so p. m sleep
ing car open 70 O'clock
Paror Cars all day trains.
Fer Atlantic City, 1900 n, 1910 noon,
and lilo aad 500 p week days 12:1o noon
Sundays.
Fer Cape May, week days. I2:f0 and ZIG p m.
Except Sunday. xExpTess trains
Baggage called for and checked from hotels and
residences by Union Transfer Co. orders Left
at ticklt Offices 6l9 Pennsylvania Avenue north
west. New York Avenue and 18th Street, and at
FeBot. Telephone ticket offices for B. & O. Elec-
.ric Automobile Cabs
Z : D. UNDERWOOD =. ; MARTIN.
ID Vice President Mgr. Pass. Traffic.
srI Ger Ga-------