davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1902-01-30
SAMPSON NOT QUALIFIED.
No Power to Assume Command
While Under Special Orders.

| II is further maintained that Schley was
actually in command, for a number of
reasons set forth. among them that Samp-
son, being under the orders of the Navy
Department to go to Siboney, could not
resume command of the feet until after
he had complied with these orders. The
petitioner supports his contention with
this example:
THE status of Commodore Schley at
the battle of Santiago may properly be
compared to the status of a senior briga-
dier general attached 10 a division which.
during the absence from the scene OF ac-
tual combat of the major general com
manding the division. and in the event of
his inability to communicate with any
portion OF his division. during the actual
conflict, might fight a battle. In such a
case the senior brigadier general woaId
be clothed with the responsibility OF
command; he would actually command
his division during the battle and would
report the engagement as the senior Of
ficer present and participating, the re
port being addressed to the major general
commanding the division.
Reference in such 4 report TO the
forces under your command. your com
mand. etc. quotations from Schley's re-
port of the battle to SAMPSON. could not
be construed as meaning that the ma jor
general actually and practically com
manded the division during the battle,
but would refer TO the division to which,
though absent and not officiating at the
time OF the battle, the major general was
regularly assigned as ranking officer"
As to .Captafn's BattIe.r
Admiral Sehley takes up Secretary
Longs statement in his letter to the Sen
ate Committee on Naval Affairs that the
The Washington times., 1902-01-30
Porte Not TO nIame.
TO SUCCEED WEBSTER STREET
Edward Kent Appointed Chief Jus
tice of Arizona.

President Roosevelt has decided to ap-
point Edward Kent. Of Colorado. CHIEF
justice OF Arizona, to succeed Judge Web
ster Street, upon the expirati of his
term, in March.
The nomination ef Mr.. Kent was sent
to the Senate yesterday.
Mr.. Rooseyelt's decision not TO continue
Judge Street in office was made as a
result Of charges fled against Judge
Street. The Attorney General made an
investigation. For a time it looked as
though allegations Of receiving bribes
would result in Streets removal. They
were not fully sustained, however.
There were "A large number of casdi-
dates for the place.
The Washington times., 1902-01-30
CREDIT FOR THE VICTORY.
Much of Appeal Devoted to Question
of Command.

The question of who was in command
Of the fleet at Santiago and to whom is
due he credit for the victory, consumes
three fourths of the appeal. The Presi-
cent is asked to endorse Admiral Dewey's
minority report, in which he held that
Admiral Schley was in command. and de-
served the credit for the victory.
The other dissent ing opinions of Admi-
raj Dewey are treated with comparative
brevity, the main idea of Admiral Schley
being, apparently, to secure from the
President an acknowledgment that Admi-
raj Schley directed the movements of the
American ships in the battle of July 3,
and was in actual absolute command.
One Of the reasons given by the petit
tioner for the necessity of deciding in his
faunr iS Tint s,ia- -.s--=--- -'r' -
"a dcplorable controversy" which now
divides the service into hostile factions, -
and has prevented persons who partici-
pated in the Santiago victory from secur-
ing reward.
The Washington times., 1902-01-30
THE RACING CALENDAR.
New Orleans Results.

NEW ORLEANS. Jan. 29.-Results OF
today's races; track heavy:
First race-For four year-olds and up
ward: selling; one mile-Prince Blazes
(Nutp, 8 to 2, won; st. David (Brennan).
) to l, second; Elsie Bramble (Coburn).
to l, third. Time, 1:46.
Second race-For four year -olds and up
ward; selling; six furlongs-Small Jack
(Hope), S to l, won; If You Dare (Domi
nick) 2 to l, second; Ante Up tThomp-
SOM, 6 to 1, third. Time, Ill.
Third race-Handicap; steeplechase;
short course-Dagmar tBartley), 9 to 5,
won; Mr. Rose 81. Gormley). 3 to 2. sec
end; MacLaren &c. Wilson,, 4 to 1, third.
Time, $40.
Fourth race-The Orleans Railroad
stakes: for two-year- -olds; three fur
Iongs-Wilton (Odom), to 1, won; Ma
vasota Landry), 6 to l. second; Merry
Sister nyne), to ., third. Time, OBS.
Fifth race-Handicap; for three-year-
olds and upward; one and one-sixteenth
miles-CiTcus tW. Waldo. to l, won;
Silver Coin (Thonpson) to>o, second;
Nobleman Loudon), 10 5, third. Time,
1:53h.
Sixth race-For four-year-olds and up
ward; selling: one and one-eighth miles
-Strangest DEAN, even, won; Swords
man Nyne). 3 to l. second; Choirmaster
tBrennan), 9 to 5, third. Time, 1884,.
The Washington times., 1902-01-30
ADMIRAL DEWEY'S REPORT.
Opinions Favorable to the Appellant
Quoted.

Admiral Deweys opinion that the pas
cage from Key West 10 Cienfuegos was
made with all possible despatch: that in
permitting the steamer Adula to enter
Cienfuegos Harbor Admiral Schley ex-
pected to obtain information concerning
the Spanish squadron, and that the pas
sage from Cienfuegos was made with as
much despatch as was possible by keeping
the squadron a unit, is quoted. The state
ment is then made by Admiral Schiey
that this opinion is at variance with the
majority opinion, and maintains that Ad-
niiral Dewey's opinion is the only one Jus
titled by the evidence and factS.
The President is asked to set aside the
The Washington times., 1902-01-30
STANDING OF THE TEAMS.
IN1ERcITY BASKETBALL GAME
COrcOrnns Defeated West Branch, of
Baltimore, Overwhelmingly.

One of the best games of basketball
played in this city this season was the
one in which the Corcoran Cadets de-
feated the West Branch Y. NJ. C. A. of
Baltimore last night in the Guards
Centre Market Armory
The final score, 90 to I, by no means
tells the story of how interesting and
well played the game was. From the
very first the Corcorans showed their
superiority in both offensive and defen
sive work, and their goaling was of the
giltedge order.
The visitors are the leaders in their
city and are known for their clever all
around work, and in last nights contest
they proved their claim. but they were
not fast enough for their opponents
whose passing at all times was of the
The Washington times., 1902-01-30
ENDED HIS LIFE AT
ENEMY'S THRESHOLD

Broadway and purchased a revolver. lie
appeared to be greatly excited and asked
the clerk TO load it for him, but the re
quest was denied. Mitchell bought boA
of cartridges. which he left behind him
after loading the weapon.
Sought for senator.
He then went TO the business place of
j. H. Burke. an undertaken. and expressed
regret at not finding him in. As near as
can be ascertained he then walked hur-
riedly to the town hall building. where
the Offices of Senator Bracket are situ-
ated.
He found Senator Brackett''s door
locked. and asked the assistant janitor,
Henry Parmenter:
rs Senator Bracket in?"
Parmenter replied that he had not yet
arrived. After some further questions
Parmenter then left Mitchell standing
where he met him and walked to another
part of the town hall. In the meantime
Senator Bracket had left his residence
and gone to the Delaware and Hudson
station, where he took the $40 O'Clock
train for Albany.
Found Dead on Mating.
While Mitchell was standing near the
door of Brackets office a shot was heard
by some passersby. They ran to the
building and found Mitchell lying dead on
the mating in front of the main door of
the Bracket law offices.
What was Mitchell's motive in killing
himself at once became a matter of uni
versal conjecture. General opinion is
that had Mitchell met Senator Bracket
at his office that he tMitcnelD would have
ton cd fol
lowed ii up by committing suicide, as 1t
is understood that their relations to each
other have been strained for some time
and that Gale" had frequently ex-
pressed a desire to get even" with the
Senator.
Was Village President.
Gale" Mitchell, who was a Democrat,
was elected village president in 1872. He
was again returned TO the same office in
1892 and 1894. The following winter he
was legislated out of Office. and it is al
legged that he laid the blame ON Senator
Bracket.
Mitchell. last season, In connection with
Dan Stuart, Peter Delaney. and others
sought to conduct the White House"
pooiroom on East Avenue, in this village.
which was suppressed by the local au-
thorities.
Mitchell and the others said that If the
white House could not do business
they would open a crusade against Can
fields Saratoga Club, and cause 1t to be
closed. Mitchell believed that Senator
Bracket was mainly responsible for the
closing of the White House."
Last visit From Mitchell.
Senator Bracket who left Saratoga for
State capital of the tragic death OF
Mitchell and expressed great surprise.
Il last saw Mitchell on Thanksgiving
The Washington times., 1902-01-30
Gale" Mitchell, a Famous
Sporting Man, Suicides
at Saratoga.
HAD JUST BOUGHT A REVOLVER
Fatal Shot Fired Before SEN
ator Brackets Office.
SOUGHT FOR OPPONENT
Asked for Nan Who Hnd Opposed
Opening of CIubhOuse-Had
Threatened Revenge.

SARATOGA. y. Y, Jan. 29.-Caleb
the length and breadth of the land as
Gale" Mitchell, ended his sixty five years
OF life in a sensational manner at $50
o clock this morning. He was the fourth
member of the Mitchell family to end his
life by suicide.
Mother Was n suicide.
The family formerly lived in Troy.
where about forty years ago his mother
cut her throat. William Mitchell, her
eldest son. who conducted liquor place
on Prince Street. New York City, gener-
alton ago, was found hanging to a beer
faucet in a rear cellar of his drinking
place.
George H. Mitchell, another son.
Gales brother, while at James NJ.
Cole summer resort at Friends Lake, in
the Adirondacks. about twenty years ago,
blew out his brains with shotgun. He
was an ex-alderman and member of the
Americus Club, of New York City. At the
time of his suicide he was a partner with
Gale" in the management of the Glen
Mitchell roadhouse, situated north OF this
village. and now owned and occupied by
the Redemptorist priests.
Had Been Depressed.
Gale" Mitchell for a number of weeks
back had been complaining OF poor health,
and confined himself to mis- Philadelphia
Street residence most OF the time. He ap
peared greatly depressed in spirits, and
at times appeared as if suffering to a GER
tain extent from melancholia.
He left home shortly before O'Clock
this morning, and few moments later
went to Towne's hardware store on
The Washington times., 1902-01-30
New Orleans Selections.
CharIeston Results.

CHARLESTON, Jan. 29.-Results OF to-
days races; track fast:
First race-Fcur-year- olds and upward !;
four and one-half furlongs. Alzora
Rooney), 8 to 2. won: Jessie Y BonnerI.
6 to 1, second; Intent q. jones', 6 to 5,
third. Tirie, 0:511z
Second race-Three ear:-olds; selling;
five furiongs. Clifton Boy u. Jcnes). 20
to I, won; Laracor (ilariel, 2 to /. sec
ond; Tambourine ii IN. Johnson, to 5.
third. Time, 1.05A.
Third race-Four year-olds and upward;
selling; o3e and one-sixteenth miles.
Jim Winn Ckuhn). 3 to 2, won: Robt.
Gray tBoland}, 8 to 2, second; Soudana
(Alarie), to 1. third. Time. 1:54s4.
Fourth race-Four- -year-olds and up
ward; selling; six furlongs. Diva
tRooney), 3 to 2, won; Mark Hanna Pow
elD, 10 to 1, second; Ellis (Castro), to
3, third Time. 1:20H.
Fifth race-Four-year-old and upward:
selling; six furlongs. Presgrave ,Alarie},
3 to l. won; Katie Gibbons CIV. Woods).
4 to 5. second; Salome ii (Enos), to 1,
third. Time, 1:19A.
The Washington times., 1902-01-30
MOVEMENTS OF THE SQUADRON.
AdmiraIs Benham and Ramsay in
Error Regarding Orders.

Exhibit B is an argument in support of
Admiral Schley's petition that the Presi-
dent approve Admiral Dewey's separate
statement concerning the progress OF the
Flying Squadron from Key West to Glen
fuegos, the stay of that squadron at
Cienfuegos, and the movement of that
squadron from Cienfuegos toward Santi
ago. 1t is contended that Admirals Ben
ham and Ramsay erred in saying that
Schley had been ordered to proceed with
the utmost despatch from Key West to
of Cienfuegos, as his orders We're silent
in that particular.
The Washington times., 1902-01-30
The Best Remedy for Group.

(From the atchison. Kan, Daily Glohe.l
This Is the season when the woman who knows
the best remedies for Group Is IN demand IN
cverv neirhborhood one Of the most terrible
things in the world is TO be awakened in the
middle OF the night by whOop from one OF
the children The Group remedies are almost as
sure 10 he lost in case of croup. revolver
Is sure to be lost in case OF burglars There used
10 be an old fashioned remedy for GROUP known
as hive syrup and tOlu, but some modern mothers
say that Chanherlain's Cough Remedy is better,
and does not cost so much. IL causes the patient
to throw up the phleSm'' quicker, and gives
relief in a shorter time.
Give this remedy as soon as the croupy cough
appears and it will prevent the attack. 1t never
fails. and is pleasant and safe to take. For safe
by Henry Evans, Wholesale and Retail, and all
druggists.
The Washington times., 1902-01-30
REFERRED TO COMMISSIONERS.
Painters Union Complained to
school board Concerning Work.

Painters Union Complained to
school Hoard Concerning Work.
The Board OF Education held a brief
meeting at Franklin school building last
night. Routine business of minor i'm
portance was given consideration.
A communication from Lodge 36S,
Brotherhood of Painters, Decorators. ard
Paperhangers, was received. 1t made
complaint that certain work in the
Twining City school and in the school
building in course of construction on
Street, near North Capitol Street north
west, had been awarded TO firms which
would employ non-union labor.
The board was called upon to support
union labor but inasmuch as all con-
tracts are made through the District Gov
ernment. the letter was referred to the
Commissioners.
The Washington times., 1902-01-30
Ch-rIeston Entries.

CHARLESTON, Jan. 29.-Entries for to-
morrow's races:
First raee-For three-year- -olds and up
ward; selling; six rurlongs.-Whistling
Con, 167; Broadway, los: Tortugas. 104 |;
suttee. Custodian, Diva, 1O2; ]. w. Daney.
SO; Cathedral, 107.
Second race-For four -year-olds and up
ward: selling; six and ore-half furlongs
-Dominus, Frank B.. 107; The Brother.
Tom Curl Bad Penny, Can Robert. Good
Night, 102.
Third race-For four-year- and up
ward; selling; six furlongs.-Sam Lazarus,
Esq, 11s; Maria Bolton, 10; By George,
Nellie Fonso. Dyke, 107; Queen L., los;
Lake Fonso, 1O3.
Fourth race-For four-year- and
upward; selling; seven furlongs.-Robert
Gray, Bombsheli, 110; Lady Aintrea, Olea.
Incandescent, Katie Gibbons. Salome. los;
Gale Todd. 1o4; Eva's Darling, Welsh
Girl. 102.
Fifth race-For four -year-olds and up
ward; selling: one mile.-Prince Esher,
l09: Oricius. Lizzie Tello. 101: Virgie o.,
80; Soudana, IS; Julietta B., SO; Lulu
Hammond 93
The Washington times., 1902-01-30
GROUNDS OF CONTENTION.
Three Counts Set Forth in the Pc
titi0n.

Admiral Schley states that his petition
is based on three grounds. The first is
the contention that the Secretary of the
Navy was not justified in holding and was
not vested with authority and Jurisdiction
to hold that the court could not with
propriety have passed upon the question
of command in the engagement of July 3.
1t is maintained also that Secretary
Long was in error in stating that evil
dence concerning the question of com
mand upon which Admiral Dewey submit
ted an opinion was excluded by the court
during the enquiry.
Admiral Schley maintains that Admirals
Benham and Ramsay, whom he calls, the
majority members OF the court, failed
in the discharge of the most important
duty deyolving upon them under the pre-
eept, in that they did not report their
opinion upon the said question: and that
il was incumbent upon them TO determine
this question for the reason that "onIy by
so doing could they determine the pro-
priety of the conduct of the said Schley
in said battle"
President Asked to AnnuI.
Inc 1TeSiuenI Is asked TO set aside
and annul the statement of the Secre-
tary of the Navy in his endorsement of
the courts findings and opinion that it
could not with propriety consider the
question OF command, and also to spe-
cificaIly approve Admiral Dewey's opin-
ion that Schley was in absolute command
and entitled to The credit for the vic
tory.
The second ground for the appea. is
that the concurring members" OF the
court have failed utterly and entirely
10 report their opinion upon the ques-
tion of whether or not a close or ade-
quate blockade of Santiago Harbor was
established, and the propriety of Com
modore Schiey's conduct in the premises,
as is by the eighth specification re-
quired." II is maintained that this is
one Of the most important points in
volvcd. The President is asked TO ap-
prove the findings Of Admiral Dewey that
the blockade vas effective.
The third ground concerns the passage
of the Flying Squadron from Key West
TO Cicnfuegos. the blockade of Cienfuegos,
The efforts of Schley to ascertain whether
the Spanish squadron was in that harbor
and the passage of the Flying Squadron
from Cienfuegos to the point where it
stopped. about twenty-five miles south
Of Santiago.
The Washington times., 1902-01-30

Score: Corcorans. %; West Branch
Young Mems Christian Association, Z.
Field goals. Shoemaker. 2; Moriarty, 2;
Zell. L. Mastin, 1; Boyle. 1; Paige, I;
Parker, l. Free goals, Moriarity. 1;
Paige, l. Umpires. Messrs. Mueller and
Hildreth. Referee, Mr.. Guista. Scorer,
Mr.. Hazard. Timers, Messrs. Lockhead
and Chase.
The Washington times., 1902-01-30
MR.. ROOSEVELT A GUEST.
Dinner Given by Secretary Hay to
Trustees of Carnegie Institution.

President Roosevelt attended last night
a dinner given by Secretary Hay 10, the
trustees of the Carnegie Institution.
number OF persons who are not actively
connected with the institution were pres
ent. Among the number was Governor
Taft of the Philippines, who is the guest
OF Secretary Root, who is one OF the trus-
tees.
The Washington times., 1902-01-30
BRIGANDS HOLD PRISONER.
Plans for the Release of Miss stone
Fall Through

The State DenartrnnH 10 greatly Gis-
couraged over the prospects of the un-
successful elimination of the negotiations
for the release OF Miss Stone Many of
the officials do not hesitate TO express
their belief that she will be held by the
hrigands for an indefinite time.
The discouragiDg news reached the
State department yesterday that the
latest negotiations for the release of the
captive missionary had failed.
Plans All Arranged.
Everything, it is said. had been arrana-
ed Cor the payment Of the ransom and the
delivery of the woman. and word was
hourly expected that Miss Stone was free.
1t seems, however that the Turkish
Government had made arrangements for
the capture of the brigands as soon as
Miss Stone was delivered into the hands
of her friends. Word of this plan was
undoubtedly sent 10 the brigands, and the
whole scheme collapsed.
Porte Not to HIame.
The State Department has no fears for
the safety of the woman, and does not in
any way blame the Porte for the precau-
tions taken TO prevent tie payment Of the
ransom or the delivery OF Miss Stone On
Turkish territory.
The cause for the break in the negotia-
tions was the publicity given 10 ;he plans.
Although discoura ged The State DEPART
ment will Immediately take steps to make
other arrangements with view % the
woman's release which. it is hoped. will
end with better satisfaction.
The Washington times., 1902-01-30
CharIesfon Selections.

First race-whistling Con. Cathedral,
]. W. Daney.
Second race-Bad Penny. Tom Curl. The
Brother.
Third race-Lake Fonso, Marie Bolton,
BY George.
Fourth race-Bombshell. Olea. Gala
Todd.
Fifth race-Julietta B., oricius, Sou
dana.
The Washington times., 1902-01-30

NEW ORLEANS. Jan. 29.-Entries for
tomorrow's s races:
First race-For four-year- olds and up
ward selling; six furiongs. Frelinghuy-
sen, Horseshoe Tobacco, 137; Tonicum,
The Washington times., 1902-01-30
EVENTS IN THE WORLD OF SPORT

Palarm. Ed. Garland. 1874; Tragedy, 1872:
Ell Moran. 1870; Poyntz. Jerry Hunt, 1877:
Masterfui, 124. Haidee. 122; Lady Kent,
120.
Second race-For three-year- -olds: I'VE
and one-half furlongs. ogle, f15: DR..
Hart, 1l2; Rose of May, ITO; Crescent
City, los: Dodle s., 9S: Dolce Far Niehte.
/. Samuelson, Prowl. 95; Erne, Ashbrook,
92; legation, Sandiea. 90.
Third race-For three-year-old and
upward; selling; one mile. Dramburg.
1o6; Prince Real, Ceylon. 1903: Dalkeith,
l0i: Lovable, %; Olekma. Saragamp.
Ncva NJ, Fannie Maud. Merida. Sc; Amo-
rosa, 81; Lcmoyne. SO.
Fourth raee-For three-year- and
upward; handicap; six and one-half fur
lengs. Kaloma, los; Maggie Davis, AL
paea. 95; Weideman, 80; Marie Bell IS.
Fifth race - For Fo6r-year-olds and
upward; selling; one mile. Linden Ella,
f05; Locust Blossom, 103: Eight Bells,
Saline, Echo Dale. 101 Garter Ban. Star
Cotton. 100: Cast Iron, 90; John Bull,
Farmer Bennett, 9S: Homage, 96.
Sixth race For three-year -oids and
upward; seven furlongs. Albert F. Dewey
Senator Sullivan, 1903; Lady Alberta, Lin
go, Emma A. NJ. 90; Donald Ambrose, 90.
New Orleans Selections.
First race-Horseshoe Tobacco, Haidee,
Tragedy.
Second race-Dolce Far NIente. Sand
flea, Ogle.
Third race-Amorosa, Prince Real. Le-
moyne.
Fourth race-weldeman, Alpaca. Mag
gle Davis.
Fifth race =. Locust Blossom, Linden
Ella, John Bull.
Sixth race-Albert F. Dewey, Emma A.
NJ, Senator Sullivan.
The Washington times., 1902-01-30

Day" said Senator Bracket. He came
to see me about the chances of his being
able to run his poolroom. He was much
troubled over the matter. and urged me
'5 te - f-'end / told him would be
not r-. -t O.. ..- ..l believe
-hr- -... YVES like hood .- aie being
1esl..,.t .a ais place. teoals-
realized -. .rt'
native Of TROY.
saeu @as -.a.s.se. s.-r. ..I lla e
native of Troy. He uegan lI.e 49, -
boy. early in life removing 10 this place.
At different times he had saloons in New
York City, Washington. Albany, and
Saratoga.
He always took an active part in poll
ties.
Early in the sixties. during the civil
war, "Caie" Mitchell first came to Wash
inston. He was then about twenty years
of age. ambitious and held among his fell
lows as a genial comrade and lucky
sport. At that time he possessed small
fortune gained as California Forty
miner" and thus equipped, he opened an
establishment on E Street, between Thir-
teenth and Fourteenth Streets northwest.
To his place came Senators, Congressman.
and public men, until the fame of Mitchell
went forth as did that of no other local
sport.
Within ten years he was known the
country over. Some time about 1870 he
disposed of his establishment to John
Morrissey, his former right-hand man,
and went to Saratoga.
Barre evening telegram. (Barre, Vt.) 1898-19??, 1902-01-30
CHAPTER TWICE.

vas here!
Here l vas In der greatest gambling
choint der world has efer Witnessed.
Pinochle to right uf me. poker to left Ut
me und freeze ouid all around me.
Id is such a sisinch for me dot really i'd
is pidiful!
w should I, perfect stranger, come
here und took DER hard earned money?
Bud, on der udder hand. w nod?
Der wireless telegraph station is now
fastened to der head uf my bed. Again
some yum Is making signals:
I'D Is in der papers you vas ad
Monte Carlo pudding blowholes
in der banks. ..... How painful dis Is
to us all. 500. How much dit you win?
:. AS friends We deplore der silva
ton i. but as partners We declare
Ourselfs in on der rakeoff. .... We
would RAIDER you would nod play any more
unless dare Is more in sight.
.... A picture uf der bank you broke
urid der ak you broke Id nit :. 49,. und
udder evidences uf der tragedy vas pup
lished in der papers. Id YES
painful to see how Mortified Vail street
vas because you gambled Steel
dropped sigs points ven your picture APP
peared . surrounded ply sefenteen
French cashiers shoveling 200. 900, 900 francs
into your trunk ...... We haf figured
Id ouid dot dis would be abouid eight toll
lars in real money. ...... II your pic
ture appears vunce more. steel viii drop
twenty points :. bud II you drop
ANGLING doan'd come home. ... We
vas Mortified bud you musd nod