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t 4 f 0 L- e NIGHT EVENENamE lTIO H l EDITION v v yii f ij I II Circulation Books Open to All1 I < l II Circulation Books Open to All PRICE ONE CENT NEW YOAK FRIDAY FEBRUARY 5 1904 PRICE ONE CEWV I FIRE CHEF CHOKER f IS REINSTATED t Appellate Division Decides Unanimously that His Removalfrom Officeby Former I Fire Commissioner Sturgis Was Illegal and He Will Resume His Old Position I Corporation Counsel Delany wHo Was Deposed Chiefs Counsel Now Finds I Ijlimself in Curious Position of Being Opposed to Him as CitY Adviser Former Fire Chief Edward F Croker who was removed from office by Mayor IowlI F re Commissioner Thomas Sturgis after a sensational trial nearly two years ago has boon reinstates by the Appellate Division of the Cupreme Court The decision Is unanimous and it carries with It full payment of salary for Croknr during the time he has been out of office Ai the salary IB 6000- B year this Ir no Inconsiderable matter Mr Croker will resume his duties us chief on Tuesday morning I Tho decision in the case follows close on the argument before the Appe- llate ¬ Division in the certiorari proceedings This argument was conducted l y the prlR nt Corporation Counsel John J Delany who has been Crokers counsel all through his fight but who abandoned his private practice on- bis accession to public office The argument fpr Croker ifhlch resulted In todays decision wail made by Mr Delany less than two months ago and was the last private legal proceeding In which the Corporation Counsel took par- tDELANY IN ODD POSITION v- Mr Delany now finds himself In a unique position As Corporation Counsel of the City of New York It Is his duty to formulate an appeal ngalust the decision rendered today If an appeal Is to bo takon That would I r place him In the position of fighting against his own victory of arguing before tho Court of Appeals gainst his own brief The fact that the de- cision ¬ reinstating Croker to office Is unanimous lets Mr Delany down a little caster than If there had been a dissenting opinion tinder the i cir- cumstances ¬ be will be less liable to criticism if no appeal is taken The decision for Croker Is wrlttefl byJudge MC4 rbi 1 Judges Van 4 OJnmt Patterson OBrien and Lauthlln Concurring i or N ijvVv- JUSTICEMLAUGHZIN 1 S DEClsXpNL x < rt f Justice McLaughlln In his decision nr ettiJC that a careful conslderattyn of the entire record shorwa that at the time the charge were made the Coratnlqsloner entertained a decided prejudice against the relator which was In no way disguised In spite of this the Commissioner hod the power to act as Judge under the statute The decision sajrs that the very be- ginning ¬ of the record EOWS a preconceived scheme on the part of the Com ¬ missioner to Interfere with the relator In the performance of his duties 1 fTho Commissioned had the right to the relator to do his duty but r bn had no right to prevent him from doing his duty which he attempted When he tried to forceOhlef Croker to take a vacation On the subject of the Park Avenue Hotel Are Justice McLaughlln writes that there nothing in the evidence to support the findings of the Commissioner The fair Inference Is that Chief Croker did all that he could reasonably be expected to do on that occasion As to the charge of ron Herslon of public property Justice McLaughlln Bays that there is nothing In the evidence to show a wrong motive on the part ot tho Chiefin causing tire hose to be dellverel at the Polo Grounds On the contrary says the Court Itappears that he acted for the good of tho service and with ample authority under the charter The other charges are disposed of In similar fashion and In a eummary- of t the entire case the Court sag that on some of the charges on which he was fouml guilty Chief Croker was entitled to an acquittal and on others lie was prevented from presenting a lull defense by the rulings of the Com ¬ missioner Throughout the cntlie trial says the Court Urther the Com ¬ missioner In his rulings anti by his attitude and conclusions manifested a prejudice and bias which affected his Judgment I Corporation Counsel Delany got news ot Ciokers reinstatement soon nJter the decision was rendered He could hardly contain his glee cl thats Justice he raid The opinion Is unonlmour so any opln Son ot mine on tho matter would be sunerfluous Mr Croker and I parted company on Jan J since which time Frederick St John of No 27 William Btrect has represented Mr Croker Hut of course ttiis victory Is mine and J am ery proud of it doesnt place me In tho least embarrassment as Corporation Counsel If It Is deemed necessary for me to take an appeal I will take it A lawyer ft can adapt himself to any circumstance I am no different In this respect I than mybrethren of the bar I assure you I could enter Into a fight against the decision with the same fervor as 1 made the fight for Mr Croker NEWS MAKES CROKER HAPPY Former Chief Croktr was Heated at luncheon In the Broadway Central 1 Hotel when an Eunlns World reporter took the news to him The Chief I 1roppedlhlskntre and folk ami looked happier than he has for twb years So J win do 17 lie said Well I knew the courtswould give me J Justli e I cpuldiit get It frolr Sturgla hut knew the courts would see fair lilay Ia act In forcing me from tho fire Department was pure pique He was the accuser In my trial and also thp Judge He neer gave me a chance i From the first he was letormlnpd to force me out and he never weighed J evidence allowed fair play 1 havo waited patiently for Justice feeling oil the time that sooner or later 1 would cet it It didnt I knew it was because there was no such thing as Justice in tha courts ot the land Im a very happy man over this news although as I 1a1 anticipated It I shall nowgo downtown and see my lawyer Mr St John What I do next tapcnds upor him Let me say that in this moment of victory bearno man any ill wilt I No tran in the Tire DepartmentlieeU Jook upon meas an e1 myl am to bo Fir Chlrf aqaln and I shall be a fair chief I hav had enough ot In- justice ¬ mybelt to ever allow mo to be Unjust to another I BO back with the cno Idea of fighting Ore fighting It to the bestot my ability wind Insisting I ttpcn oeiy mnn under me belnfr a fireman and roihnc else THAXKS THE EVENlNG WORLD I want to thank the people In this city who have stood by me In my trouble and have given me their sympathy It has boon a very gratifying t t thing for me to see the confidence the bualnesa men the Insurance men and the citizens generally have had In me Especially dovl wont to thank I The Evening World for the lair and square play it hn shown me from the I first At notime during the trial did The Evefllng Wprld do other than Afea fair tWne to b tlifjJdee M r t Jm t K4M 1 r O > I t tifd Z JJ iii AjriJi J aU i < itIt fii itJii li S 1iY COURT UPHOLDS CAR AHfAD LAW a Appellate Division Hands Down a Decision Declaring Passen ¬ gers Must Be Carried to Des ¬ tination Designated on Car MUST CHANGE ONLY TO AN INTERSECTING UNE Board of Aldermen the Court Holds Was Authorized to Pass the Ordinance Revers ¬ ing Justice Murrays Ruling Justice Fretdman Glldersleeve and Greenbaum In the Appellate Term of the Supreme Court today handed down a decision reversing a rullno of Justice Murray In the Tenth District Municipal Court dismissing the complaint In an action brousht by the City of New York against the Interurban Street Railway CoCmpany for the collection of the penalty of ftOO for violation of the car ahead ordinance adopted by the Mayor on July 22 190 requiring street surface railroad companies to carry a passenger to any regular stopping place desired by him upon suoll cars route without change of car except for transfers to a connecting line going In another direction or In case on accident renders compliance with tho ordinance Impossible Justice Murray held that the Board of Aldermen was not authorized to pass such an ordinance and that the provisions of the General Railroad act governed and controlled such a regu latlon as Is provided for In the or ¬ dinance William F Peters J Arch McQoern and Alexander Sax In Ma > 1503 boarded a northbound car of the de ¬ fendant about Fourteenth street which bore a sign Columbus Avcnuo They desired to alight alOne Hundredth street Nlnet > eighth street and One Hundred and Fourth stret and Colum ¬ bus avenue respectively They were carried to Columbus ave ¬ nue and Seventyninth street where they were told by the conductor to e t- out and take the car ahead Thin they refused to rtd and remained In he car which was fvltched to the downtown track and tiffln to Boutli rr ihere It remained vrenty minutes and wu then moved to Columbus avenue and Flftjnlnth strwt There It was run Into the barn where It was kept for forty minutes the three passengers still remaining In It but was at last taken out and proceeded up Columbus avenue carrying the three men to their respective destinations Suxe paid two tares When the car was at Columbus avenue the conductor said the lights were not working The defendant offered no evidence MURDllGEfS MORf TIME TO LIVE Frank Henry Burness Who I Boasted of Persons He Had Killed Has Made an Appeal and a Stay Is Allowed OBSINING N T Feb BWarden Johnson of Slnsr Sing Prl on today re ¬ ceived Tonl that an nupenl had been taken In the case of Frank Henry Bur ness who was to have been put to death In the electric chair on Monday morning next and the execution Is therefore stayed All preparations for the electrocution had been made and the Invitations to witnesses sent ou Burness shot and killed Capt George B Townsend on the deck of the tatters schooner ort the nay Ridge shore Brooklyn on Nov 10 last Although at his trial he admitted his guilt acknowledged that he had com- mitted ¬ other murders and asked that the death sentence be quickly carried out his counsel has now carried the case to th Court of Appeals Pend ¬ ing a decision the appeal acts as a stay of execution EXPLOSION ON THE IOWA Trrp Can Bant on the BattleShip but bbodr Hart WASHINGTON Feb S The follow- ing ¬ telegram has been received at the Navy Department from Capt Train President Board of Inspection and Sur- vey ¬ Fort Monroe dated yesterday While the Board of Inspection was the buttery this morning on the b ttleh1plOWIL both suns In the star- board ¬ forward elghtlnoh turret blew oft their muzzles No damage except to guns and one whaleboat No casual ties WEATHER FORECAST Forecast for tho thlrtyilx- boun ending at 8 P M Saturday for New York City and vicinity Generally fair and warmer to ¬ tight Sturdy partly cloudy followed byrain or snow wind becoming fresh east to south I I i Or < orUaariaoa Car- HyljnUeoIlsaalhtWtts role 13Bc l r C i J 1 < J- l 1 ri > Jtr SPECIAL EXTRA POLICE WILL CLOSE GRANi- DOPERAHOUSE Polce Commissioner McAdoovlate this evening called inPo lice Capt Cottrell instructedhim im to see thatno perform- ance ¬ is given tonight in the Grand OperaRouse He told the I captain to station a sJfficient number policemen aUevecy door to kedp the house frombeing en + LATE WINNERS AINEWORLEANS Fifth Race Lady Greenwood 1 Lythelist 2 TruffleiHunter- ENDSLIFEATCHURCH + z I I Lucian Chapin an insuran eag employed d bythe New York Life Cojnpany committed suicide this afternoon at the Riverside Baptist Church Amsterdam avenue and Ninety second street Mr Chapin lived at No 214 West Eightyfifth street and was a regular attendant at the church He was formerly a wellknown hatter v + GUARDS FOR AMERICANS IN COREA WASHINGTON Feb 5 MrAllen the American Minister at Seoul cables the State Department that he is taking active steps to protect American citizens in the interior of Corea + FIRE IN AN ICE PLANT The plant of the Hygeia Ice Company at Twelfth avenueand Fortyninth street caught fire late thisevening Two alarms were sent in and there was a call for an ambulance One of the employees wadnjured I > J CROWD WAITfOBUI Nnn l1 Polioe Sa AftiStt rj f- ed Priv I djjrriii ill Harlem 1 J t Ir- A crowd of men women and chil- dren ¬ all brouKht together out of curl otlty to find out what Capt > iloaiynn- of the Weal One Hundred and Twenty Fifth treet Italian and twelve plain- clothes men were coin to do thli af- ternoon ¬ I at the private lodclhchouie- No 306 We t One Hundred and Twe- ntythird ¬ street created much eeltement In Uarlm today DrtectUe Hnje thought he dlicov ered an embryo poolroom In thli home and reported to his cnpjaln Then the squad w placed and for several hour th ecrowd gathered to await the raid which did not take In the haute Hasei who had entered to hire a fur nUhrd room found th < parlor floor In a condition which arouied hli tuipl clone Therefore the watch BOY PROTECTED MOTHER Objeclril to Pollconmna frmtment- of Her uinl u ua ArrcntrU- Mnrgxret I McOowon and her ion Mi- chael ¬ of No 777 Columbus avenue were arraigned before Mag titrate Barlowrjn the West Side Court today chargel with disorderly conduct Mrs McQow- an becime enraged said Mn Llirle Mitchell of the same address over a matter of rent- Policeman Burlce wai called In and he arrcfctcd Mri McOoWan THe boy Mi ¬ chael did nrtthlnk offlotr was trentlnR Ills mother with proper con- sideration ¬ and he objected to treat ¬ ment upon her He too wai arrested Both were discharged FRENCH COUNT ARRESTED I ilmltted to nail In the laiC f- llrotherlnLftTT Paul Martel de la Cllesnase who Is ald to be a Krench count wa r- rcsted by Deputy Sheriff Terry today on an order signed by Justice Davis of the Supreme Court In n action against him by Claud 8ch- hli brotherinlaw to recover H2UO The count gave and wai not taken to Jail The lult grew out of a dispute over finances the two men having I married two sisters FOR SAFETY THE Lf ROAD Bin IDt41I4 for Additional GaaM 1ttOD ALBANY Feb 6Mr 8fien todar I Introduced a bill requlrtngtha tat least one BTierff other than the ticker cnep per shall be on dutj on elevattn rail ¬ road Bfatlon platformi at all 1tR III rept between and A M iM I ana T oclock P M when there mutt re I a tleasl two The bill prohibit turnitil eitntr wholly or partly operated by passen IU11 HAD A FIT IN COMMONS LONDON r b 5Mr Vllllam- Ilbernl Unionist Member of Parliament from South Birmingham and fomierly Financial 9enretaryto the War Office had an epllepUc tit thli afternoon lnlht HO ofCommon l Qved to ahosflltallni 1 a rlou lcndluoTu 1- J I i > Il- i u t l B Jw- 1t1IVO CE SOIT I 1- 1 1 rrl fi t i- AU f Hfi WlfeMr Sus o- r1t ed X keaJJd He- ov 1Ge De01ee h- I WIMUrn NiwboiaBolUr ihctbe n a tutM ib t drort acalnit hit wit kbnjl Hfe iBoM rln the Bupf rae Court ttor JUiUo U r ni- tritt tod ri otl1l divorce UU thli Afternoon the jury flndlnr that Mr Boiler had b an Intimate with tha co respondent In the can Cap Theodore B Lawton The jury was out len than an hour Boiler makes flv oharcei ajralnit bli- reporterdetexiUve wife In each of which he ayi that while the board ¬ edwlth rVola Kline Jn Gold street JBroflklyn Theodore E Lawtonvhe eptupgeaarian employer and fOJWtt Xjn jwJnrlfc 3UU Secret Service wt Jun o July hnd Aiiru t nmTWtlany r P AV- H Hrown4htd Kiln her ion Ku rill Kiln ond a enin t the board InchoiiBc to teUfytbKtthe r ner ble captain vlklted their Jalr and cleer boarder andjtajed uoUlall hour Mrs Boiler liiecreUry of the N r rataniett Bay 8U pl Compan No- l l Jf n uf tre t ofVhlchCfapt Ijiw ton 1 ttieTresfdehr- Havled Horieiho at C p t ln- ntunell Kline tMtlfltd that itrn Boiler and Capt uawton often quar ¬ relled and tKit ones nleht he Kilns wai In the treat when tho Captain rushed Into tho bouia and n moment later Irs Boiler hurled a horaeihoe out of her window at the Captain yell Inr Ill kill you The Itneallald he narrowly escaped the horieshoe < hlmiclf lira Bollei was her own tint wit- ness In defense 8he denied all the eharcei acalnat her and Jn reiponte to Abraham Levy queitloni ihe laid t am forty two yemra old Iwai a wldom when t married Mr Boiler in 1SW 1 have a ion twentjfour ears old 1 had an accident In Colorado In Itftt and my neck and pine were broken Slnee then 1 have been try ntrvoui- Capt Lawton hat nuried me for month at a time I have helped to tupport- Bolltr << ver imct our marrlace- C e Calltta W e Her Kara Capt ITton and his wit have known me sine my childhood They art my constant fritnds Th Captain Is mployed Intbe Oovernmtnt Secret Berrlct al a tractr and estimator Alt year 1 wasbvpiojed aa houta- detectivej tore and look by ihU room at MM Kline s to be DMT my ix > rk I had some troiiole with mvj foot A chiropodist opmtl on It and Wood polonlnsr followed MrJ- lawiDii urns Aay In th country She sent the Csptaln to nurse m- It Is rot trie tfint I p rform 1 mv ablutions Inth Captain presence thotich he often aw me In my night- dress ¬ for 1 w HI Mrs Viola N Kllnr testified that thertt was a man with Mrs Hollar evtrv- Hltht while she bid a furnished room In hr hous In Brookbti from April In J1lsllut andthllt Mrs BotUr In tr04ueM him aaher brother the Cap taln allll sald hi wu Lawton K 1tncWdI BOUran4 tho- ent WyOD U to- 1af J- I FELIX BARD IN fRONT 15 TO 1 Long Shot Shows Way Home in Third Race Jockey Jenkins Hurt Lannon Injured in Race Is Improving WINNERS AT NEW ORLEANS FIRST RACEMIss Melton to 2 1 Ralph Young 6 to 1 2 Tros- siohs 3- SECOND RAQEZyra 6 to 1 Voitry 9 to 5 2 Sweet Nell 3 THIRD RACE Felix Bird 15 to 1 1 Barkelmera 10to 12 Lingo 3 FOURTH RACEM lmMllaCfl Jo 5 1 Ethel ScruagVM to 1 2 in- sp ctor Shea 3 NEWORLEANS La1eb Jockey Jenkins promising Usjhtweighl was thrown and inlured IIhlle working bors at thjtraiscjlim n rn Inc Jenkins was to rtda Felix Dud Th Wizard und Ethal fccrogKi today Th track had dried out nnrt Wall lightning fast whu lh tbrr- camthreatenlne 1 Iho uiueitaln weather reduced the attendant to the regular element Jockey W Fisher has let for Mem- phis ¬ to school tho Schorr twoy earolds He will not be seen In the saddle aellln until Hot Springs opens Jockey Gannon Is reported greatly improved today Albert Simons had the boy tnkn to his cottage and called In th bet of talent to look after him The lad sustained a broken coUnrbone He will not b1 able to tjde agaJn this winter FIRST ItACE- SlK furlonrf UMtln whti lOeb StHlfrin Sir r Mils IlIonIII71I111I ll IJ 1111 r Vounr 10 Hctnr J BJ TnMMthi BO Hnbblns 7 i All sr it 04 Iltnmssr S Jj MJ J runean 101 rlInhen t SJi CUrwnnnt UVston 1 > db 5Z tn nWJJ Hnir ig S JJ JO- W Port KJ n > J2MhUtk 4 10 100 J< M w 1utUf R II II 110 JJ I II 410 art tIr 1 n tI 11111 z i J Wnnrnta 1JM J 40 IS- atlft1r9G41ID1IuIT InlU e Ju- ll s t- fWrtto j f anSellllf1I111OfCL jHWisj si ific ifi Sr7- Trt 111 4 H > lift wlTmniiir A 1 43 K4IL rijlrr S l I TJ 81- Ktlthsr On JIll 1 34 O- ttCInlADlu < II ft al III ONI 11011 hI3 4Vi n s lIa- Itft tooa Won drtnl JmIo- PANAMATBfATY TO BE RATlf1EDS ON William rt Cromwell Counsel for the Company Says There Will Be a Months Work Ar- ranging ¬ Transfers Abroad J r TVIIllam Nel oh Cromwell rounselfor the Panama Company In 1117 negotia- tion ¬ that Innc led 1111 so far In the Panama Canal matter today made a- ulatement In wlch ho sold thit he b- llfvctl the treat would be ratified < with- In twentydos There will be a months work liow- vff between tho AttorneyQenerat and hlmxelf In orr nglni thn transfers tn Paris and on the Isthmus As to the financing of the operation Mr Cromwell Mid It was a mistake the report that stockholders were to get money paid to them In this country but he declared tiiat no apprehension nicd be felt because In arrangingfor th transfer of fundi the local financiers had b en cooperating with Secretary Shaw and had evolved a plan by which the transaction would be completed with practically no disturbance of th money market He added that an arrangement for a hearing In the French Courts of Colom blai claim on Feb 17 had bren ar ninrod for and he had no doubt the cUilms old lie promptly dismissed GEN BUCK SERIOUSLY ILL ClTllSerrlce Commissioner Snfler Ins from CoIIpr I WASHINGTON Feb SQen John C Black Chairman of the United Statei CivilService Commission and CommonderlnChtef of the G A R II serlousl > Ill here He has overtaxed tils strength and Is suffering from par ¬ tial colltpie- pr O A Human of Lancaster O- BurgeonGeneral of the O A R who II attending him say he will be com ptolled to cancel bli engagements for the next few weeki- SOTHERN ENJOINED LOUISVILLE K Fch 5A tempo ran Injunction rwtr lnlns Actor K II- Pothern from iislns or illjpoilnc of II drama entitled A Hollilisi Dlyer- uton A n granted tod > l > Judge Klrhv to K D Schoonnwker of I x- ington Ihe petition drmnnds that If- Mr Hothern refunes to return the mnnii- Mrlpl the petitioner be granted dam agnand comp nvutn- n > i r t O 4l l1DIcuCol- n IW- v h > t r i t II H IS J PAN sf o oi I 1 I j ii 1- NSWEH If nlAtll- RfUSfS THEIT I- t iJ Mikado s Determined to Fight and Will Not Permit England to Interfere for Peacj i Unless Concessions No Matter How Gfn erous Ate Put in Writing and Signed RUSSIA PLANS TO SEIZE COREA AND RUSHES 20000 MEN FORWARD Japanese Battleships Follow Russian Trarisi ports with 6000 Troops Aboard and Clash Expected at Chemulpo Wasliillgton Thinks Fighting May Be Under Way > ff- J PARIS Feb 5 If Russia refuses to sign a treaty grantirigthf terms demanded by the Mikado Japan will fight This utterance in an interview published here with Baroiv Hayashj the Japanese Minister to Great Britain has attracted marked attention in v 0 s the highest Government quarters His declaration also that Japan desires to be ft alone and will object t to any intervention from Great Britain tending toward Inducifig the ac- ceptanci C of Russias reply has caused wide comment as tending JtdpfpYi the fighting temper of the Japanese Is your Oovornment unalterably determined on this course tho Mln- Isttr WAS Asked- Absolutely be U said to have replied We will not take promise Too many have been broken and now we Insist upon a signed treaty Jt ThV Interviewer then asked Suppos Russia answer is conciliatory reasonable but retiSiejife go to the extent of signing the treaty you desired will your overn then have recourse to arms That Is precisely what I mean replied the Minister ENGLAND MUST KEEP OFF 11 If the Government of His Majaety King Edward VII asks Japan nox to make war continued the Interviewer and request her to accept Hus- slaa reply what will Japan do l We shall greatly object to such Intervention even coming from tha King We desire to be left aone in our duel with Russia We do not want support or assistance We desire toaettlp our own accouont with Russia Intermlnatlng the Interview Baron Hayashl was asked Then yotUify that If Russia refuses tn sign a treaty recognizing Chinas tlghta In Man- churia ¬ 4 that means war r r That wlir be war replied the Minister Cv- Raron Hayaahl added to the foregoing that he believed It tq1Hi the VleAfn- of his Government and that authority had been given him to announce Itij- MA Y NO W BE FIGHTING WASHINGTON Feb 5 The Administration thinks war Is about tft 8ft- gfri In the East between Russia and Japan and bases Its opinion Upon tbr official notification from the Commercial Cable Compan received today that no cablegrams for Jnpan or Corea will be accepted except t sender risk This Is taken to mean that hostilities are imminent even If they ban- not 1 already begun In the opinion of a diplomat conversant with the JapanR u jvhsse of the far Eastern situation the Toklo Government will not VaiL jonffr than to- day ¬ for the Russian reply unices in the mean time a satisfactory Intimation v Is received as to Its character The feeling In Japanese clrcels seenu tobs Increasing that If the note Is delayed longr the deay is to be Interpreted aa- mereyl for the purpose of giving Ruaila more time In which to prepare herself for the blow Japan Is expected to strllke t- TOK10 f Feb 5Jnpan alarmed by the rapid advances of the Russtar troops in Coren has hurriedly notified all her subjects In that countryjtr seek safetyat Seoul where the Japanese forces are Being strengthend lr rlly t- It Is realized here that Corea will be the fighting ground Chenlulpo being regarded as the scene of the first fight News Is anxiously awaited here of the Russian transports on the way to that place as the Japanese naval commanders have been notified not to permit the landing of any of the Cxars troops The attempt to put men ashore under any pretext will be resisted arid that of eour e will mean war w A cable from 3t Petersburg states that the Cur is continuing his djla tory tacucb and that his answer will not reach here until Mond r Impa- tience ¬ is turning to dltgust and the people are now emphatically for war RUSSIAN TROOPS SWARM IN CORE- S l OUL Corea Feb 5 Russia Is hurrying her armies Into Corea det mined to make her first blow In the war with Japan adistinct and telling one Twenty thousand troops hurrying from the north have crossed the Yalu River and are headed thin way while 6000 more are expected to f4 1 any hour today at Chemulpo Japan making a counter move hat big bodies of men catupofi t p here and the frontier while a lighting force is within a short i1 t Chemulpoready to stop the lauding of the Russians w ho are being htjrrli- J < Ion transports for that harbor Tho troops ot both natlonsare restive and anxious for a clash and M outbreak that will preclrltato hostilities Is expected at nny moment In anticipation ot the war that will spread havoc In Corea top ment In this city nnd vicinity is Intense I People In the coast town fearinga sea battleVar flealBr 1nlaa4- a t- t d cxnid rfipaalciprevails < J > I tV- tTT r t I > O 100 4 vW- I L ot f < kiri Sfe f r m l I joi- X J 1ffi8tf f j I if itam ie1

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Page 1: EVENENamE lTIO H EDITION All I - chroniclingamerica.loc.govchroniclingamerica.loc.gov/lccn/sn83030193/1904-02... · t f 4 0 L-eNIGHT EVENENamE lTIOH l EDITION v v yii f ij I II Circulation

t4

f0 L-

e

NIGHT EVENENamE lTIO Hl EDITION v v yii f

ij I II Circulation Books Open to All1 I< l II Circulation Books Open to All

PRICE ONE CENT NEW YOAK FRIDAY FEBRUARY 5 1904 PRICE ONE CEWV IFIRE CHEF CHOKER

f IS REINSTATEDt

Appellate Division Decides Unanimouslythat His Removalfrom Officeby Former

I

Fire Commissioner Sturgis Was Illegaland He Will Resume His Old Position

I

Corporation Counsel Delany wHo WasDeposed Chiefs Counsel Now Finds

I Ijlimself in Curious Position of BeingOpposed to Him as CitY Adviser

Former Fire Chief Edward F Croker who was removed from office by

Mayor IowlI F re Commissioner Thomas Sturgis after a sensational trialnearly two years ago has boon reinstates by the Appellate Division of theCupreme Court

The decision Is unanimous and it carries with It full payment of salaryfor Croknr during the time he has been out of office Ai the salary IB 6000-

B year this Ir no Inconsiderable matter Mr Croker will resume his dutiesus chief on Tuesday morning I

Tho decision in the case follows close on the argument before the Appe-llate

¬

Division in the certiorari proceedings This argument was conducted

ly the prlR nt Corporation Counsel John J Delany who has been Crokerscounsel all through his fight but who abandoned his private practice on-

bis accession to public office The argument fpr Croker ifhlch resulted Intodays decision wail made by Mr Delany less than two months ago andwas the last private legal proceeding In which the Corporation Counsel

took par-

tDELANY IN ODD POSITION v-

Mr Delany now finds himself In a unique position As CorporationCounsel of the City of New York It Is his duty to formulate an appealngalust the decision rendered today If an appeal Is to bo takon That would

I r place him In the position of fighting against his own victory of arguingbefore tho Court of Appeals gainst his own brief The fact that the de-

cision¬

reinstating Croker to office Is unanimous lets Mr Delany down alittle caster than If there had been a dissenting opinion tinder the i cir-

cumstances¬

be will be less liable to criticism if no appeal is takenThe decision for Croker Is wrlttefl byJudge MC4 rbi

1Judges Van

4 OJnmt Patterson OBrien and Lauthlln Concurringi or N ijvVv-

JUSTICEMLAUGHZIN1 S DEClsXpNL x < rtf Justice McLaughlln In his decision nr ettiJC that a careful

conslderattyn of the entire record shorwa that at the time the charge weremade the Coratnlqsloner entertained a decided prejudice against the relatorwhich was In no way disguised In spite of this the Commissioner hod thepower to act as Judge under the statute The decision sajrs that the very be-

ginning¬

of the record EOWS a preconceived scheme on the part of the Com ¬

missioner to Interfere with the relator In the performance of his duties1 fTho Commissioned had the right to the relator to do his duty butr bn had no right to prevent him from doing his duty which he attempted

When he tried to forceOhlef Croker to take a vacationOn the subject of the Park Avenue Hotel Are Justice McLaughlln

writes that there nothing in the evidence to support the findings of theCommissioner The fair Inference Is that Chief Croker did all that he couldreasonably be expected to do on that occasion As to the charge of ronHerslon of public property Justice McLaughlln Bays that there is nothing In

the evidence to show a wrong motive on the part ot tho Chiefin causingtire hose to be dellverel at the Polo Grounds On the contrary says theCourt Itappears that he acted for the good of tho service and with ampleauthority under the charter

The other charges are disposed of In similar fashion and In a eummary-

oft the entire case the Court sag that on some of the charges on which hewas fouml guilty Chief Croker was entitled to an acquittal and on otherslie was prevented from presenting a lull defense by the rulings of the Com ¬

missioner Throughout the cntlie trial says the Court Urther the Com ¬

missioner In his rulings anti by his attitude and conclusions manifested aprejudice and bias which affected his Judgment

I Corporation Counsel Delany got news ot Ciokers reinstatement soon

nJter the decision was rendered He could hardly contain his glee

cl thats Justice he raid The opinion Is unonlmour so any opln

Son ot mine on tho matter would be sunerfluous Mr Croker and I partedcompany on Jan J since which time Frederick St John of No 27 WilliamBtrect has represented Mr Croker Hut of course ttiis victory Is mine andJ am ery proud of it

doesnt place me In tho least embarrassment as Corporation Counsel

If It Is deemed necessary for me to take an appeal I will take it A lawyer

ft can adapt himself to any circumstance I am no different In this respectI than mybrethren of the bar I assure you I could enter Into a fight against

the decision with the same fervor as 1 made the fight for Mr Croker

NEWS MAKES CROKER HAPPYFormer Chief Croktr was Heated at luncheon In the Broadway Central

1 Hotel when an Eunlns World reporter took the news to him The Chief

I1roppedlhlskntre and folk ami looked happier than he has for twb years

So J win do 17 lie said Well I knew the courtswould give meJ Justli e I cpuldiit get It frolr Sturgla hut knew the courts would see fair

lilay Ia act In forcing me from tho fire Department was pure pique Hewas the accuser In my trial and also thp Judge He neer gave me a chance

i From the first he was letormlnpd to force me out and he never weighedJ evidence allowed fair play 1 havo waited patiently for Justice feeling

oil the time that sooner or later 1 would cet it It didnt I knew it wasbecause there was no such thing as Justice in tha courts ot the land

Im a very happy man over this news although as I 1a1 anticipatedIt I shall nowgo downtown and see my lawyer Mr St John What I donext tapcnds upor him

Let me say that in this moment of victory bearno man any ill wiltI

No tran in the Tire DepartmentlieeU Jook upon meas an e1 myl am tobo Fir Chlrf aqaln and I shall be a fair chief I hav had enough ot In-

justice¬

mybelt to ever allow mo to be Unjust to another I BO back with thecno Idea of fighting Ore fighting It to the bestot my ability wind Insisting

I ttpcn oeiy mnn under me belnfr a fireman and roihnc else

THAXKS THE EVENlNG WORLDI want to thank the people In this city who have stood by me In my

trouble and have given me their sympathy It has boon a very gratifying

t t thing for me to see the confidence the bualnesa men the Insurance men

and the citizens generally have had In me Especially dovl wont to thank I

The Evening World for the lair and square play it hn shown me from the I

first At notime during the trial did The Evefllng Wprld do other thanAfea fair tWne to b tlifjJdee M

r t Jm t K4M 1

r O >I t tifd Z JJ iii AjriJiJ aU i

<

itIt fii itJiili S 1iY

COURT UPHOLDS

CAR AHfAD LAW

a

Appellate Division Hands Down

a Decision Declaring Passen ¬

gers Must Be Carried to Des ¬

tination Designated on Car

MUST CHANGE ONLY TO

AN INTERSECTING UNE

Board of Aldermen the CourtHolds Was Authorized toPass the Ordinance Revers ¬

ing Justice Murrays Ruling

Justice Fretdman Glldersleeve andGreenbaum In the Appellate Term ofthe Supreme Court today handed downa decision reversing a rullno of JusticeMurray In the Tenth District MunicipalCourt dismissing the complaint In anaction brousht by the City of New Yorkagainst the Interurban Street RailwayCoCmpany for the collection of thepenalty of ftOO for violation of the carahead ordinance adopted by theMayor on July 22 190 requiring streetsurface railroad companies to carry apassenger to any regular stopping placedesired by him upon suoll cars routewithout change of car except fortransfers to a connecting line going Inanother direction or In case on accidentrenders compliance with tho ordinanceImpossible

Justice Murray held that the Boardof Aldermen was not authorized topass such an ordinance and that theprovisions of the General Railroad actgoverned and controlled such a regulatlon as Is provided for In the or ¬

dinanceWilliam F Peters J Arch McQoern

and Alexander Sax In Ma> 1503boarded a northbound car of the de ¬

fendant about Fourteenth street whichbore a sign Columbus Avcnuo Theydesired to alight alOne Hundredthstreet Nlnet > eighth street and OneHundred and Fourth stret and Colum ¬

bus avenue respectivelyThey were carried to Columbus ave ¬

nue and Seventyninth street wherethey were told by the conductor to e t-

out and take the car ahead Thin theyrefused to rtd and remained In he carwhich was fvltched to the downtowntrack and tiffln to Boutli rr ihereIt remained vrenty minutes and wuthen moved to Columbus avenue andFlftjnlnth strwt

There It was run Into the barn whereIt was kept for forty minutes the threepassengers still remaining In It butwas at last taken out and proceededup Columbus avenue carrying the threemen to their respective destinationsSuxe paid two tares When the carwas at Columbus avenue the conductorsaid the lights were not working Thedefendant offered no evidence

MURDllGEfS

MORf TIME TO LIVE

Frank Henry Burness Who I

Boasted of Persons He HadKilled Has Made an Appeal

and a Stay Is Allowed

OBSINING N T Feb BWardenJohnson of Slnsr Sing Prl on today re ¬

ceived Tonl that an nupenl had beentaken In the case of Frank Henry Burness who was to have been put todeath In the electric chair on Mondaymorning next and the execution Istherefore stayed

All preparations for the electrocutionhad been made and the Invitations towitnesses sent ou Burness shot andkilled Capt George B Townsend on thedeck of the tatters schooner ort thenay Ridge shore Brooklyn on Nov 10

lastAlthough at his trial he admitted his

guilt acknowledged that he had com-

mitted¬

other murders and asked thatthe death sentence be quickly carriedout his counsel has now carried thecase to th Court of Appeals Pend ¬

ing a decision the appeal acts as astay of execution

EXPLOSION ON THE IOWA

Trrp Can Bant on the BattleShipbut bbodr Hart

WASHINGTON Feb S The follow-ing

¬

telegram has been received at theNavy Department from Capt TrainPresident Board of Inspection and Sur-vey

¬

Fort Monroe dated yesterdayWhile the Board of Inspection was

the buttery this morning on theb ttleh1plOWIL both suns In the star-board

¬

forward elghtlnoh turret blewoft their muzzles No damage exceptto guns and one whaleboat No casualties

WEATHER FORECAST

Forecast for tho thlrtyilx-boun ending at 8 P M Saturdayfor New York City and vicinityGenerally fair and warmer to ¬

tight Sturdy partly cloudyfollowed byrain or snow windbecoming fresh east to south

I

I iOr <orUaariaoa Car-

HyljnUeoIlsaalhtWtts role 13Bc lrC

i J 1 < J-

l 1 ri > Jtr

SPECIAL EXTRA

POLICE WILLCLOSE GRANi-

DOPERAHOUSEPolce Commissioner McAdoovlate this evening called inPo

lice Capt Cottrell instructedhim im to see thatno perform-ance

¬

is given tonight in the Grand OperaRouse He told theI

captain to station a sJfficient number policemen aUevecydoor to kedp the house frombeing en

+

LATE WINNERS AINEWORLEANSFifth Race Lady Greenwood 1 Lythelist 2 TruffleiHunter-

ENDSLIFEATCHURCH

+ zI

I

Lucian Chapin an insuran eag employed d bythe NewYork Life Cojnpany committed suicide this afternoon at theRiverside Baptist Church Amsterdam avenue and Ninetysecond street Mr Chapin lived at No 214 West Eightyfifthstreet and was a regular attendant at the church He wasformerly a wellknown hatter v

+

GUARDS FOR AMERICANS IN COREAWASHINGTON Feb 5 MrAllen the American Minister at

Seoul cables the State Department that he is taking activesteps to protect American citizens in the interior of Corea

+

FIRE IN AN ICE PLANTThe plant of the Hygeia Ice Company at Twelfth avenueand

Fortyninth street caught fire late thisevening Two alarmswere sent in and there was a call for an ambulance One ofthe employees wadnjured

I > J

CROWD WAITfOBUI

Nnn l1Polioe Sa AftiStt rj f-

ed Priv I djjrriii ill

Harlem 1 J

t Ir-

A crowd of men women and chil-dren

¬

all brouKht together out of curlotlty to find out what Capt > iloaiynn-of the Weal One Hundred and TwentyFifth treet Italian and twelve plain-clothes men were coin to do thli af-ternoon

¬ I

at the private lodclhchouie-No 306 We t One Hundred and Twe-ntythird

¬

street created much eeltementIn Uarlm today

DrtectUe Hnje thought he dlicovered an embryo poolroom In thli homeand reported to his cnpjaln Then thesquad w placed and for several hourth ecrowd gathered to await the raidwhich did not take In the hauteHasei who had entered to hire a furnUhrd room found th < parlor floor Ina condition which arouied hli tuiplclone Therefore the watch

BOY PROTECTED MOTHER

Objeclril to Pollconmna frmtment-of Her uinl u ua ArrcntrU-

MnrgxretI

McOowon and her ion Mi-

chael¬

of No 777 Columbus avenue werearraigned before Mag titrate Barlowrjnthe West Side Court today chargelwith disorderly conduct Mrs McQow-

an becime enraged said Mn LlirleMitchell of the same address over amatter of rent-

Policeman Burlce wai called In and hearrcfctcd Mri McOoWan THe boy Mi ¬

chael did nrtthlnk offlotr wastrentlnR Ills mother with proper con-sideration

¬

and he objected to treat ¬

ment upon her He too waiarrested Both were discharged

FRENCH COUNT ARRESTEDI

ilmltted to nail In the laiC f-

llrotherlnLftTTPaul Martel de la Cllesnase who Is

ald to be a Krench count wa r-

rcsted by Deputy Sheriff Terry todayon an order signed by Justice Davis ofthe Supreme Court In n action

against him by Claud 8ch-hli brotherinlaw to recover H2UOThe count gave and wai not takento Jail

The lult grew out of a dispute overfinances the two men having I

married two sisters

FOR SAFETY THE Lf ROAD

Bin IDt41I4 for AdditionalGaaM 1ttOD

ALBANY Feb 6Mr 8fien todar I

Introduced a bill requlrtngtha tat leastone BTierff other than the ticker cnepper shall be on dutj on elevattn rail ¬

road Bfatlon platformi at all 1tR IIIrept between and A M iM I anaT oclock P M when there mutt re I

a tleasl twoThe bill prohibit turnitil eitntr

wholly or partly operated by passenIU11

HAD A FIT IN COMMONSLONDON r b 5Mr Vllllam-

Ilbernl Unionist Member of Parliamentfrom South Birmingham and fomierlyFinancial 9enretaryto the War Officehad an epllepUc tit thli afternoon lnlhtHO ofCommon l Qvedto ahosflltallni 1 a rlou lcndluoTu

1-

JI

i> Il-

i u t l

B Jw-

1t1IVO CE SOIT

I1-

1 1 rrlfi t i-

AU f Hfi WlfeMr Suso-

r1t ed X keaJJd He-

ov 1Ge De01ee h-

I

WIMUrn NiwboiaBolUr ihctbe na tutM ib t drort acalnit hitwit kbnjl Hfe iBoM rln theBupf rae Court ttor JUiUo U r ni-tritt tod riotl1l divorce UU thliAfternoon the jury flndlnr that MrBoiler had b an Intimate with tha corespondent In the can Cap TheodoreB Lawton The jury was out len thanan hour

Boiler makes flv oharcei ajralnit bli-reporterdetexiUve wife In each ofwhich he ayi that while the board ¬

edwlth rVola Kline Jn Goldstreet JBroflklyn Theodore ELawtonvhe eptupgeaarian employerand fOJWtt Xjn jwJnrlfc 3UUSecret Service wt Jun oJuly hnd Aiiru t nmTWtlany r P AV-

H Hrown4htd Kiln her ion Kurill Kiln ond a enin t the boardInchoiiBc to teUfytbKtthe r ner blecaptain vlklted their Jalr and cleerboarder andjtajed uoUlall hour

Mrs Boiler liiecreUry of the N rrataniett Bay 8U pl Compan No-

l l Jf n uf tre t ofVhlchCfapt Ijiwton 1 ttieTresfdehr-

Havled Horieiho at C p t ln-

ntunell Kline tMtlfltd that itrnBoiler and Capt uawton often quar ¬

relled and tKit ones nleht he Kilnswai In the treat when tho Captainrushed Into tho bouia and n momentlater Irs Boiler hurled a horaeihoeout of her window at the Captain yellInr

Ill kill youThe Itneallald he narrowly escaped

the horieshoe < hlmiclflira Bollei was her own tint wit-

ness In defense 8he denied all theeharcei acalnat her and Jn reiponte toAbraham Levy queitloni ihe laid

t am forty two yemra old Iwai awldom when t married Mr Boiler in1SW 1 have a ion twentjfour ears old1 had an accident In Colorado In Itfttand my neck and pine were brokenSlnee then 1 have been try ntrvoui-Capt Lawton hat nuried me for monthat a time I have helped to tupport-Bolltr << ver imct our marrlace-

C e Calltta W e Her KaraCapt ITton and his wit have

known me sine my childhood Theyart my constant fritnds Th CaptainIs mployed Intbe Oovernmtnt SecretBerrlct al a tractr and estimator

Alt year 1 wasbvpiojed aa houta-detectivej

tore and lookby

ihU room at MM Kline sto be DMT my ix >rk I had some troiiolewith mvj foot A chiropodist opmtlon It and Wood polonlnsr followed MrJ-lawiDii urns Aay In th country Shesent the Csptaln to nurse m-

It Is rot trie tfint I p rform 1 mvablutions Inth Captain presencethotich he often aw me In my night-dress

¬

for 1 w HIMrs Viola N Kllnr testified that

thertt was a man with Mrs Hollar evtrv-Hltht while she bid a furnished roomIn hr hous In Brookbti from AprilIn J1lsllut andthllt Mrs BotUr Intr04ueM him aaher brother the Captaln allll sald hi wu Lawton

K 1tncWdI BOUran4 tho-ent WyOD U to-

1afJ-

I

FELIX BARD IN

fRONT 15 TO 1

Long Shot Shows Way Home in

Third Race Jockey Jenkins

Hurt Lannon Injured in

Race Is Improving

WINNERS AT NEW ORLEANS

FIRST RACEMIss Melton to 2

1 Ralph Young 6 to 1 2 Tros-

siohs 3-

SECOND RAQEZyra 6 to 1

Voitry 9 to 5 2 Sweet Nell 3

THIRD RACE Felix Bird 15 to1 1 Barkelmera 10to 12 Lingo 3

FOURTH RACEM lmMllaCfl Jo5 1 Ethel ScruagVM to 1 2 in-

sp ctor Shea 3

NEWORLEANS La1eb JockeyJenkins promising Usjhtweighl wasthrown and inlured IIhlleworking bors at thjtraiscjlim n rnInc Jenkins was to rtda FelixDud Th Wizard und Ethal fccrogKi

todayTh track had dried out nnrt Wall

lightning fast whu lh tbrr-camthreatenlne

1

Iho uiueitalnweather reduced the attendant to theregular element

Jockey W Fisher has let for Mem-

phis

¬

to school tho Schorr twoy earoldsHe will not be seen In the saddle aelllnuntil Hot Springs opens

Jockey Gannon Is reported greatlyimproved today Albert Simons hadthe boy tnkn to his cottage and calledIn th bet of talent to lookafter him The lad sustained a brokencoUnrbone He will not b1 able totjde agaJn this winter

FIRST ItACE-

SlK furlonrf UMtlnwhti lOeb StHlfrin Sir r

Mils IlIonIII71I111I ll IJ 1111

r Vounr 10 Hctnr J BJTnMMthi BO Hnbblns 7 iAll sr it 04 Iltnmssr S Jj MJ Jrunean 101 rlInhen t SJiCUrwnnnt UVston 1 >

db 5Ztn nWJJ Hnir ig S JJ JO-

WPort KJ n > J2MhUtk 4 10 100J< M w 1utUf R II II 110 JJI II 410 arttIr 1 n tI 11111

z i J Wnnrnta 1JM J 40 IS-

atlft1r9G41ID1IuIT InlU eJu-

lls t-

fWrtto

j fanSellllf1I111OfCL

jHWisj si ific ifi Sr7-Trt 111 4 H >

lift wlTmniiir A 1 43K4IL rijlrr S l I TJ 81-

Ktlthsr On JIll 1 34 O-

ttCInlADlu<

II ft al III

ONI 11011 hI3 4Vi n s lIa-Itft tooa Won drtnl JmIo-

PANAMATBfATY TO

BE RATlf1EDS ON

William rt Cromwell Counsel

for the Company Says ThereWill Be a Months Work Ar-

ranging

¬

Transfers Abroad

J rTVIIllam Nel oh Cromwell rounselfor

the Panama Company In 1117 negotia-tion

¬

that Innc led 1111 so far In thePanama Canal matter today made a-

ulatement In wlch ho sold thit he b-

llfvctl the treat would be ratified< with-In twentydos

There will be a months work liow-

vff between tho AttorneyQenerat andhlmxelf In orr nglni thn transfers tnParis and on the Isthmus

As to the financing of the operationMr Cromwell Mid It was a mistake thereport that stockholders were to getmoney paid to them In this countrybut he declared tiiat no apprehensionnicd be felt because In arrangingforth transfer of fundi the local financiershad b en cooperating with SecretaryShaw and had evolved a plan by whichthe transaction would be completedwith practically no disturbance of thmoney market

He added that an arrangement for ahearing In the French Courts of Colomblai claim on Feb 17 had bren arninrod for and he had no doubt thecUilms old lie promptly dismissed

GEN BUCK SERIOUSLY ILL

ClTllSerrlce Commissioner SnflerIns from CoIIpr I

WASHINGTON Feb SQen JohnC Black Chairman of the UnitedStatei CivilService Commission andCommonderlnChtef of the G A RII serlousl > Ill here He has overtaxedtils strength and Is suffering from par ¬

tial colltpie-pr O A Human of Lancaster O-

BurgeonGeneral of the O A R whoII attending him say he will be comptolled to cancel bli engagements forthe next few weeki-

SOTHERN ENJOINEDLOUISVILLE K Fch 5A tempo

ran Injunction rwtr lnlns Actor K II-

Pothern from iislns or illjpoilnc of II

drama entitled A Hollilisi Dlyer-uton A n granted tod > l > JudgeKlrhv to K D Schoonnwker of I x-

ington Ihe petition drmnnds that If-

Mr Hothern refunes to return the mnnii-Mrlpl the petitioner be granted damagnand comp nvutn-

n> i

r t O 4l l1DIcuCol-n IW-vh

>

tr it

II H IS J PAN sfo

oi

I

1 I

jii1-

NSWEH If nlAtll-

RfUSfS THEIT I-t iJ

Mikado s Determined to Fight and Will NotPermit England to Interfere for Peacj iUnless Concessions No Matter How Gfnerous Ate Put in Writing and Signed

RUSSIA PLANS TO SEIZE COREAAND RUSHES 20000 MEN FORWARD

Japanese Battleships Follow Russian Trarisiports with 6000 Troops Aboard and ClashExpected at Chemulpo Wasliillgton

Thinks Fighting May Be Under Way >

ff-J

PARIS Feb 5 If Russia refuses to sign a treaty grantirigthf

terms demanded by the Mikado Japan will fight

This utterance in an interview published here with Baroiv Hayashj

the Japanese Minister to Great Britain has attracted marked attention inv

0 s

the highest Government quarters

His declaration also that Japan desires to be ft alone and will object tto any intervention from Great Britain tending toward Inducifig the ac-

ceptanciC

of Russias reply has caused wide comment as tending JtdpfpYi

the fighting temper of the Japanese

Is your Oovornment unalterably determined on this course tho Mln-

Isttr WAS Asked-

Absolutely be U said to have replied We will not take promiseToo many have been broken and now we Insist upon a signed treaty Jt

ThV Interviewer then askedSuppos Russia answer is conciliatory reasonable but retiSiejife

go to the extent of signing the treaty you desired will your overn thenhave recourse to arms

That Is precisely what I mean replied the Minister

ENGLAND MUST KEEP OFF 11

If the Government of His Majaety King Edward VII asks Japan nox

to make war continued the Interviewer and request her to accept Hus-

slaa reply what will Japan do lWe shall greatly object to such Intervention even coming from tha

King We desire to be left aone in our duel with Russia We do not wantsupport or assistance We desire toaettlp our own accouont with Russia

Intermlnatlng the Interview Baron Hayashl was asked Then yotUifythat If Russia refuses tn sign a treaty recognizing Chinas tlghta In Man-

churia¬

4that means war r rThat wlir be war replied the Minister Cv-

Raron Hayaahl added to the foregoing that he believed It tq1Hi the VleAfn-

of his Government and that authority had been given him to announce Itij-

MA Y NO W BE FIGHTINGWASHINGTON Feb 5 The Administration thinks war Is about tft 8ft-

gfri In the East between Russia and Japan and bases Its opinion Upon tbrofficial notification from the Commercial Cable Compan received todaythat no cablegrams for Jnpan or Corea will be accepted except t senderrisk

This Is taken to mean that hostilities are imminent even If they ban-not 1already begun

In the opinion of a diplomat conversant with the JapanR u jvhsse of thefar Eastern situation the Toklo Government will not VaiL jonffr than to-

day

¬

for the Russian reply unices in the mean time a satisfactory Intimationv

Is received as to Its character The feeling In Japanese clrcels seenu tobsIncreasing that If the note Is delayed longr the deay is to be Interpreted aa-

mereyl for the purpose of giving Ruaila more time In which to prepareherself for the blow Japan Is expected to strllke t-

TOK10

f

Feb 5Jnpan alarmed by the rapid advances of the Russtartroops in Coren has hurriedly notified all her subjects In that countryjtrseek safetyat Seoul where the Japanese forces are Being strengthend lrrlly t-

It Is realized here that Corea will be the fighting ground Chenlulpobeing regarded as the scene of the first fight News Is anxiously awaitedhere of the Russian transports on the way to that place as the Japanesenaval commanders have been notified not to permit the landing of any of

the Cxars troops

The attempt to put men ashore under any pretext will be resisted arid

that of eour e will mean war w

A cable from 3t Petersburg states that the Cur is continuing his djlatory tacucb and that his answer will not reach here until Mond r Impa-tience

¬

is turning to dltgust and the people are now emphatically for war

RUSSIAN TROOPS SWARM IN CORE-S

lOUL Corea Feb 5 Russia Is hurrying her armies Into Corea det

mined to make her first blow In the war with Japan adistinct and tellingone Twenty thousand troops hurrying from the north have crossed theYalu River and are headed thin way while 6000 more are expected to f4

1

any hour today at ChemulpoJapan making a counter move hat big bodies of men catupofi t p

here and the frontier while a lighting force is within a short i1 t

Chemulpoready to stop the lauding of the Russians w ho are being htjrrli-J

<

Ion transports for that harborTho troops ot both natlonsare restive and anxious for a clash and M

outbreak that will preclrltato hostilities Is expected at nny moment

In anticipation ot the war that will spread havoc In Corea topment In this city nnd vicinity is Intense I

People In the coast town fearinga sea battleVar flealBr 1nlaa4-

a

t-

t d cxnid rfipaalciprevails < J > I tV-tTT

rt I> O

100 4 vW- I

L ot f <kiri Sfe f r m l I joi-

X

J

1ffi8tf f jI

ifitam ie1