Weekly Missoulian du lieu suivant : Missoula, Montana • 2

TIIE WEEKLY MISSOULIAN, FRIDAY, DECEMBER 7, 1906. a FACTORY IS BURNED STARTLING EVIDENCE DAMMING TESTIMONY NOMINATIONS MADE BY PRESIDENT coach, second from the engine, waa crushed and it was in this car that all the negroes among the injured were crushed. They were unable to escape from the baggage hurled upon them and many would have died but the rescuers saved them. Several cases were reported in which Fisher, was prominent in the financial and business world. President Spencer, from his long connection with the Baltimore Ohio railroad 1879 until 1889 had a wide acquaintance here.

In railroad circles particularly the greatest, regret was expressed at his death. The Baltlmoreans had Joined Mr. Spencer on the train here last night, and had planned to spend several days hunting In North Carolina. Taken to Washington. Washington, Nov.

29. The special train bearing the bodies of President Spencer and five others killed in the wreck near Lynchburg, arrived here at 10:40 o'clock tonight. All the injured were left in the hospital at Lynchburg. Second Vice President Flnlev and General Counsel J. P.

OF KILLED BLUNDER OF TELEGRAPH OPER ATOR CAUSES FATAL WRECK IN VIRGINIA. Lynchburg. 29 Samuel Spencer, president of the Southern Railway company, and recognized as one of the foremost men in the south ern states, and six other persons were killed and eleven persons were Injured early this morning in a rear-ena coi lislon between two fast passenger trains 10 miles south of Lynchburg and a mile north of Lawyers depot. Philip Sehuvler. a retired capitalist of New York, was among the killed, together with other guests of Mr.

scnuyier. ui those on Mr. Spencer's car, only Mr. Spencer's private secretary, E. A.

Merrill of New York, and one of three porters survived the accident. The dead: PRESIDENT SAMUEL SPENCER, New York. CHARLES D. FISHER, Baltimore. PHILIP SCHUYLER, New York.

FRANCIS T. REDWOOD, Baltimore. D. W. DAVIS, Alexandria, private dispatcher to President Spencer.

J. W. SHAW, colored, Spencer, N. fireman; crushed and both legs broken, died at hospital. AN UNKNOWN PERSON, whose head and limbs are burned off short, who is believed to be the third porter on the private car, who is missing.

His name cannot be learned. The injured: Lucretia Allen, colored. Danville, leg cut off and arm broken. Willis J. Winton, New York; leg broken.

William Pollard, negro porter on President Spencer's car. Garland Thomas, colored, Greensboro, N. both legs broken. P. E.

Vauls, colored, Waynesboro, crushed. Cora Logan, colored, Shelby, N. both legs broken. Sam Cox, colored, porter on the private car; leg broken. John Cruett, Baltimore, supreme organizer of the Heptasophs; back badly wrenched.

"Son" Hoglan, colored, Charlotte, N. bruised. E. A. Merrill, New York, private secretary to President Spencer; head and arms burned, will recover.

Preston Bane, address unknown. Mr. Spencer's destination was Friendship, N. where he was going on a hunting trip with Messrs. Schuyler and Fisher, Redwood and Merrill as his guests.

Were Sleeping. The collision was between the Jacksonville express and the Washington Southwestern vestibule limited, both southbound. President Spencer and his entire party, as far is known, were sleeping when the collison occurred, and the probabilities are that all of them excepting Dispatcher Davis were killed instantly. It is certain that life was extinct before the flames touched them. President Spencer's body was i burned almost beyond recognition, as was that of Mr.

Fisher. The body of Mr. Schuyler was recovered before it was burned very much. President Spencer's car was attached to the rear of the Jacksonville train, which was standing still when struck. President Spencer's charred corpse was found under the big locomotive of the rear train.

So great was the force of the impact that the forward train was sent at least 150 feet ahead. Until the debris had burned itself out and the engine cooled off, the bodies could not be removed. The combination car of the rear train crashed into the express car ahead of It. Forty feet of it was splintered, leaving the rest of the car strewn with tons of baggage and colored passengers who were jammed back by the express car. How the negro passengers In the "Jim Crow" part of the train escaped death is beyond explanation.

The wreck occurred on the crest of a steep grade when the Atlanta train could not have been runing more than 30 miles an hour if so fast. If it had been a mile or two further south the number of dead mignt have been frightful, as the train was about two hours behind its schedule, and on a steep grade. It was reported at first that Engineer Kinney of Spencer, N. who was In charge of the engine of the Atlanta train, was killed, but this proved incorrect. He suffered only a few slight bruises and cuts.

Somebody Blundered. The accident was caused by passenger train No. 33, southbound, stopping to repair a knuckle. The operator north gave first No. 37 a clear block and it ran into the rear of No.

33 before a flagman could get back to give warning. The heavy engine of the train ploughed into Mr. Spencer's car, which immediately caught fire. The wreckage was piled around the engine and every portion of the woodwork on the engine was burned and the engine Itself torn and twisted lto a useless mass of debris. Dispatcher Davis was alive when taken from the wreck.

He waa crushed about the lower part of his body and conscious to the end. He stated to his rescuer that he knew he was dying, "Place your finger on my mouth," he said, "it feels so cool and good." In response to his pleadings a fellow passenger remained with him for 10 minutes until he saw that nothing more could be done for Davis. Passengers were taken from the combination car of the forward train. They were literally covered with heavy baggage thrown through the partition from the baggage compartment. Both of them -were badly hurt, and all sustained cuts and bruises.

Work of Rescue. Tk urnrlr vn tipirdn us soon a the news of the wreck was received here. A special train was quickly made up and doctors hurried to the scene. A fire engine from the Lynchburg department was sent to the wreck, but on account of a conflagration it was not dispatched until 8:30 o'clock and did not reach the accident until an hour and a half later, because the relief train with the Injured passengers had the right of track between the wreck and Rangoon, the nearest telegraph office. The Jacksonville train was composed of a mall car, combination, baggage and passenger coach, two Pullmans and President Spencer's car, which was at the rear.

The sleeper In front of Mr. Spencer's car was wrecked but not burned. The regular day coach and a forward Pullman were practically uninjured, but the combination PRESIDENT ROAD BY A TOBACCO STEMMERS AT PRINCETON, KENTUCKY, SET ON FIRE BY MASKED MEN. Louisville, Dec. 1.

A special from Princeton, says the tobacco stemmeries of John Steger and John G. Orr, the latter controlled by the Imperial Tobacco company of New York, were destroyed early today by a fire, kindled by a moo of masked men. The loss is estimated at $170,000. The mob, which numDered about 300 men, entered Princeton between 1 and 2 o'clock, seized the night town marshal and disarmed him. Then they went to the factory and quietly ap plied the torch.

The masked men stand on guard, permitting nobody to oome near until the buildings were completely enveloped in flames and help was useless. A sauad of the men took oharge of the telephone office and no word of the affair was permitted to go out. When the mob saw tnat tne pre was bevond control they left the town, going in the direction of Hopklnsville, discharging revolvers ana riiiee hb they departed. When the fire department arrivea 11 could do nothing more than prevent the fire from destroying buildings In the vicinity. The Steger stemmery was located on the south side of town on the Illinois Central railroad and the Orr building in the northern part of town.

The Steeer factory controlled by the American Snuff company and Mx. Steger is the Princeton agent for that concern. Mr. Orr is the representative of the Imperial company. There was about 150,000 pounds of tobacco in each warehouse and all of It was burned.

The mob, in addition to disarming the night policeman, took charge of the police station and the waterworks. Even had the fire company responded, they would have been unable to obtain a supply of water. The work of the mob is believed to be onlv a furtherance of the agitation by the tobacco raisers against the to bacco trust. The organization or farmers is known as the Dark Tobacco Growers' Protective association, but it is not known that any member of that organization was in last night's mob. Mott Ayres.

state fire marsnai, iert for Princeton today to investigate the incendiarism of the two tobacco fac tories. He has the power of a grand jury to summon witnesses and require them to testify under oatn. It is not improbable that Governor Beckman will be asked to call out the militia to protect property in those districts, in view of the past outrages. C. F.

Snvder. secretary of the state board of fire underwriters, says the insurance companies will not be responsible for loss of the plants under the clause exempting them in cases of riot and invasion. The protective association was formed throughout the dark tobacco district and severest measures were taken aeainst growers who refused to join it. Marauders visited their farms at night and cut down tneir tODacco plants with hoes, set fire to their barns and committed other depredations. The illfeeling began about six years ago, when the Italian government sent nirents into the dark tobacco lieias.

These agents paid such high prices for the tobacco that other agents were driven out of the field. MEXICANS CHARGED WITH CRIMINAL LIBEL St. Louis, Dec. 1. Indictments were 'ptiivnrii tnfl.1v bv the October grand jury against Ricardo Flores Magoon, Rnrlniin ivlores Mairoon.

Juan Sarabia and Antonio Villareal, Mexicans, on tne charge or criminal liDei. They were publishers of Regenera-elon a. nublloation which was Issued here and suppressed. The witnesses against mem are stated to be W. C.

Greene of Copper mine fame, Herford, Mexico, and Senator C. M. Chase of New York city. Villareal is at present in custody at El Paso, Texas, fighting extradition on a Mmrfrn nf allptrpfl murder, which he claims Is a ruse to get him across the border. Sarabia is under arrest tne City of Mexico.

GOVERNMENT STATEMENT SHOWS LARGE SURPLUS "Washington. Dec. I. The monthly statement of the government receipts and expenditures shows that for November the total receipts were 602,498, and the expenditures thus showing a surplus for the month of $7,280,000, and for the seven months of the fiscal year of one vear aen the gures for tne Reven months showed a deficit of 762.000. For the last month the re ceipts from customs amounted to from internal revenue, 860.342.

nnd from miscellaneous sources of $4,620,828. There was an In. crease of $1,000,000 In the expenditures for the Panama canal. MUST STUDY NEEDS OF SOUTH AMERICANS Washington. Dec.

1. Joseph Lee, AmAlnnn rrtlnlator TCrlindor. lflflt night addressed the National Geo graphical society on tne commercial opportunities offered to the American trader In the South American republics. Mr. Lee declared thnt the United States would never be able to do an etxensive business in South America until the manufacturers of this country morio it closer Htudv of the needs of the people In the Latin republics.

MARTYRED PRESIDENTS TO BE REMEMBERED Washington. Dec. 1. The United States Historical society has decided to hereafter celebrate the birthdays of President McKlnley, January 29, and President Lincoln, February 12, by holding meetings In this city at which well known public men will be invited to speak. FUEL FAMINE IN SPOKANE.

Spokane, Dec. 1. The fuel famine continues in Spokane and vicinity, with some prospects of relief soon. Fifty cars of British Columbia steam coal have been received In the last few days and more are coming. Shipments from other mines may soon begin to arrive.

MOB IS CROOKEDNESS IN UTAH IS REVEALED TO INTERSTATE COMMERCE COMMISSION. Salt Lake City, Nov. 30. Interstate Commerce Commissioner E. E.

Clark, continuing his investigation of the coal trade in the Inter-mountain country and the relation of railroad corporations to the coal business and their methods of acquiring coal properties, devoted most of the morning session today to the Denver Rio Grande system and Us affiliated coal companies. Charles Livingston, former chief clerk at Sunnyside for the Utah Fuel company and the Wasatch store, both Gould companies, testified that previous to August 1, last, both companies enjoyed what amounted to a secret tariff of all material shipped to the mines over the Denver Rio Grande lines. The companies also received conces sions over other railroad lines, he said. He said that under these special rates the coal company shipped fire brick from Pueblo at $55 per car, while under the present full tariff the rate was $155 per car. He stated that all the freight bills were turned Into the rall-roal agent at Sunnyside as "cash," and that the settlements between the companies were made at some other point.

W. O. Williams, auditor or tne Uian Fuel company, the Pleasant Valley Coal company and the Wasatch store at Sunnyside, testified that the coal companies never paid any dividends. All the profits of their business, he said, went to pay off Interest on out standing bonds. He also told of the special freight rates enjoyed by the coal companies.

The railroad com pany, he testified, acted as agent for the coal companies at certain points, collecting the bills for coal delivered. Replying to questions asked by at torneys for the government, Mr. Williams denied that any books or vouchers of the several companies were sent to headquarters in New York after the beginning of the present inquiry. He also denied that any books or vouchers had been destroyed. Mr.

Williams admitted that his name had been used by the coal company to secure title to 220 acres of land near Clear creek. He never received any compensation for this, he said. Byron Groo, former secretary of the state land board of Utah, was questioned as to how title to thousands of acres of land was passed from the state of Utah to the coal companies. He admitted that large tracts of land were so disposed of by the state land board, but said he could not remember the amounts paid or other details of tho transactions. Holliday's Story.

George D. Holliday of Salt Lake City told of his efforts to acquire title to a tract of coal land in Whitmore canyon, near Sunnyside. He organized the Holliday Coal company and under took to mine coal. Robert Forrester, geologist of the Utah Fuel company, W. J.

Kipman, and other men, came to him, he said, and told htm that unless he got off the land they would jump his claim. Later, during his absence, armed men went in and took possession oi ma nronertv. to which a man named Rob ert Kirken set up a claim. Holliday testified that he attempted to contest Kirken's claim in the district court of the Third Utah district, but every de cision was against him until ne secured a transfer of the case to Salt Lake City. Mr.

Holliday told of several conver sations had with Robert Clark, super intendent of the Pleasant Valley Coal company, and other officials of the coal companies, in whlcn sometimes threats were made against him and at other times efforts were made to buy him out. Finally, tiring of the strug gle, he sold out to the coal company for $22,600. After the easant valley coal com- panv caused Kirken to jump his claim, Holiiday testified, he went back to the property, but was driven off by armed men, and Kirken fired a shot at him. From the time Kirken jumped the claim, he testified, until he sold out his right to the Pleasant Valley company, he was not permitted to go upon his land. This land, which Holliday located in today is one of the most valuable coal and coking properties owned by the Utah Fuel company.

While Messrs. Livingston and Will iams, officials of the Gould companies, were under examination, Attorney J. T. Murchand, for the government, en deavored to secure admissions from them that the coal companies had been granted special freight rates on shipments of coke over the Oregon Short Line to the smelters at Anaconda, Mont. Both denied knowledge of any such concessions made by the Hnrrlman line.

The government agents have been unsuccessful In their efforts to sub- nnenn, rantn W. F. Colton, reputed cashier of the Gould coal companies. Auditor Williams testified that he did not know the whereabouts of Captain Colton. Ho said he had not seen tne captain for six weeks.

HEINZE GIVES AID TO DEFUNCT BANK Butte, Nov. 30. Receiver Wilson of the wrecked Aetna bank of Butte toil nnnnutippd that he had received a check from F. Augustus Helnze for $100,000. tr trtn wn formerly sresldont of the bank, but withdrew In 1903.

Believing, however, that many depositors had not known of his withdrawal, al though it was widely aavertisea at the time, and that through confidence In his reputation many of his friends mri hava inat thulr monev. Mr. Helnze says in his leter to Mr. Wilson that he contributes $100,000 towaras tne bank's assets, and forwards his check for that amount. The contribution should Increase the bank assets 30 per cent.

CHIEF ENGINEER Dl E3. Covington, Dec, 2. deorge B. vinhnionn rhipf onirinppF of the Cin cinnati Southern railroad, died at his no: te here today. ADDUCED IS IN LAND FRAUD TRIAL PROFESSIONAL LOCATER UNFOLDS HIS TALE.

Omaha, Nov. 30. An effort was made today by the defense In the Richards-Comstock land fraud trial in the United States district court to discredit one of the government witnesses, L. C. Hull, who announced himself as a professional land locator.

It was claimed by the defense that Hull's testimony was given in consideration of his Immunity from prosecution on charges In connection with the land fraud cases. Hull admitted having been arrested and bound over to the grand jury by a United States commissioner, but said no indictment was found against him, and that he was not promised immunity. Hull's testimony developed an agreement between himself and Thomas M. Huntington to secure soldiers' filings. The soldiers were to be given $300 for their land after they proved up.

Preparatory to final proof they were to lease the land to Comstock and Huntington was to get $100 for each lease, and out of this $100 the expenses and improvements were to be paid. When final proof was completed the consideration for each section was to be $(00. Three hundred dollars of this was to go to the soldier and the other $300, which included the lease money, was to be divided between Huntington and James Hull, a brother of the witness. Explains the Plan. Mull testified in meetiner Huntineton about the middle of June, 1899.

He said: 'We tnlUerl nhnnt securine old sol diers to file on government land. He wanted me to get all I could and have the men on the land the day the law went into effect. He said arrangements had been made whereby ha nnntii nlneo nil the filings he could get. He preferred soldiers who had the longest service in the army, De-cause they could prove up soonest. Mo en 1,1 he" had a talk with mv brother.

James C. Hull, a few days before, and I being an old soldier, could get old soldiers to file better than he. He said a man named Comstock could place the filings. "The agreement was that the soldiers were to go out to the land, make a lease of it, and when it was made out he would pay $100, the filing expenses to be taken out of the lease money, and the balance of the proceeds of the $100 would go to Huntington and my brother. "The lessees were to make improvements.

I was to tell our men that n-hon thev nrm'Pn lin theV were to Eet $300 for the land. There was a per fect understanding max wnen tney proved up they were to sell the land for $300. "Huntington said that he had seen Comstock and made arrangements for these filings, and would take all he could get and we would make lots of monev out of the deal. "I then went to Iowa and got all the declaratory statements I could at Lfsran, Missouri Valley and Magnolia, 20 in number, and sent them to Huntington by registered letter. I paid the expenses of the entryinen out to Gordon, but the hotel expenses were paid by someone else.

I was afterward reimbursed for the expenses I had advanced. I took a number of soldiers down from Gordon to file." In the defense tried to develop a motive for Hull's testimony. James C. Hull of Gordon, followed, his testimony in the main cor roborating that of his brother. EXPRESS OFFICE ROBBED.

Vancouver, B. Dec. 3. The local police have been apprised of a daring robbery at Exshaw, a station on the line of the Canadian Pacific railway. When the train reached Exshaw it was discovered that the express ornce had been broken into and a large quantity of valuables had been stolen and also money stolen to the approximate value of $5,000, and the contents of the office scattered everywhere.

No clew to the perpetrators of the rob bery has yet been found. LAID AT REST. Boise, Idaho, Nov. 30. The funeral of the late Frank W.

Hunt, former governor of the state, was held today. From 10 to 2 the remains lay in state, guarded by a detail of United States troops and representatives of the Knights Templars. At 2 o'clock tho remains were removed to St. Mi-chad's Episcopal cathedral. Bishop Funston delivered a short address, after which the service of the Knights Templars was read.

Two troops of United States cavalry escorted the remains to the Masonic cemetery and all state and other officials attended. There was a long procession of Knights, other Masons, Elks and Spanish war veterans. During' the day all public business was suspended. EX-GOVERNOR COLE OF WASHINGTON DIES Portland, Dec. 3.

Former Governor George E. Cole of Washington territory was found dead In bed at a local hotel this evening. Coroner J. P. Finley, who examined Governor Colo's body, stated that he had been dead about 10 hours, and had apparently died from heart failure.

Friends of Mr. Cole state that they were In conversation with him on the telephone this morning and at that time he expressed himself as toeing in perfect health. Mr. Cole resided at Falrvlew. Wash.

Ex-Govcrnor Cole crossed tho plains to California in 1849. In 1850 he came to Oregon. He was postmaster in Corvallls, in 1858. He had been a member of the Oregon legislature in 1851-53. but removed east of the moun.

tains in 1861 and engaged In trade and steamboatlng, residing at Walla Walla. In 1862 he was In the storage and commission business at Lewlston, but In the following "ear returned to Walla walla and was elected delegate to con gress from Washington territory. He was appointed governor oi wasning ton territory In 1866. Subsequently he moved back to Portland and was mado postmaster of thnt citv bv Pres dent Grant. For several years past he had been a resident of Spokane, owning a large farm near Cheney.

GIVEN persons ransacked the wrecked cars for plunder. Some of the passengers are said to have participated in tnis, and a large amount of valuables and money scattered about the debris was taken up. Mr. Curtis of Jamestown, N. says he saw a porter search a woman's grip, throw away things of no value to him and take those things that he wanted.

Mr. Curtis declared he would have killed the porter had he had a weapon. Coroner G. W. Davis, at the request of the Southern officials, went to the wreck to hold an Inquest, but found the bodies had been removed.

He could not say tonight what steps would be taken. Investigating the Cause. The Jacksonville express had the right of way in the block. The engine broke away from the train and pro ceeded a mile beyond Lawyer before the engineer noticed he was without his train. It may be that when he passed Lawyers the operator gave Rangoon a clear block without noticing whether the rear end markers were visible before he did so.

In the absence of an offical statement, this explanation is being accepted here. It is pos sible that the Rangoon operator let the Atlanta into the block on an order from Lawyers that the block was clear, the operator there thinking the tralnless engine cleared the block, and that the rear train was past Rangoon before it could be stopped when the mistake was discovered. Should in vestigation show that the Lawyers operator gave a clear track without no ticing the absence of rear end mark ers, then the cause of the accident was at Lawyers. Only an official investigation will reveal this. At 10:30 o'clock tonight it was ascer tained from a reliable source that D.

J. Maddux, the operator at Rangoon, who was on duty at the time of the accident had disappeared. Railway officials are trying to locate him. Well Known Financier. New York, Nov.

29. Samuel Spencer, president of the Southern Railway company, was a resident of Washing ton, but his business headquarters were in this city. He was one of the most prominent railroad men of the United States, and for nearly 20 years had been at the head of one or more great railroad enterprises. At the time of his death, in addition to the Southern, he was president and director in the Alabama Great Southern railway, the Cincinnati. New Orleans Pacific rail way, the Georgia Southern and Florida Railway company and the Mobile Ohio Railroad company.

He was a director of the Central Railway of Georgia, the Chicago, Milwaukee St. Paul Railway company, the Erie Railroad company, the Northern Pa. clfic company and other corporations. Mr. Spencer was president of the Baltimore Ohio Railway company in 1S87 and 1888.

and later was appointed receiver for the Richmond Danville Railroad company and for the East Tennessee, Virginia Georgia Railway company. He was a member of the Rapid Transit commission of this city from 1891 to 1894. Mr. Spencer was born In Columbus, In 1S47, and was educated In the University of Georgia and the University of Virginia. In 1872 he married Louisa Vivian Ecnnlng at Columbus, Ga.

Had Humble Beginning. Mr. Spencer's railroad career had a most humble beginning. When he left the University of Virginia, In 1869, after taking a course In civil engineering, he entered the employ of the Savannah Memphis railroad and was assigned to work as rodman with a surveying crew. In the succeeding throe years he worked gradually up to the position of principal assistant manager of the road.

In 1872 he became clerk to the superintendent of the New Jersey Southern railway, and a year later became assistant supervisor of trains for the first division of the Baltimore Ohio railroad. In 1877 he became superintendent of transportation for the Virginia Midland railroad, and a year later was made superintendent of the Long Island railroad. The end of another year found htm assistant to the president of the Baltimore Ohio. One year later he was acting general manager of the same road, and In the next six years he became successively third vice president, second vice president and first vice president. He was elected president of the entire system in 1887, rtainlng this position for one year.

A few months after his retirement from the presidency of the Baltimore Ohio he became associated with the firm of J. P. Morgan and assumed the direction of that company's railroad enterprises. From that time until the moment of his tragic death today he remained one of the commanding figures In the railroad world. Morgan Is Shocked.

New York, Nov. 29. News of the death of Samuel Spencer In the Southern railway wreck reached J. P. Morgan Just as he was about to enter Grace church to attend the special Thanksgiving day service.

When the news of his friend's death was told him Mr. Morgan turned deathly pale. "Sam Spencer?" he almost shouted. "My God, man, Is Sam Spencer dead?" He tromblpd until hlsr limbs almost gave way. Several friends, thinking he was nbout to collapse, ran to him.

"This is a terrible shock," Mr. Mor-gan said, when he had somewhat recovered himself. "I can't say anything now. I was never so shocked In my life." A friend helped the financier to a carriage and he was driven home. Prominent in New York.

New York, Nov. 29. Philip Schuyler was a member of one of the oldest and best known New York families, being a grandson of General Schuyler of revolutionary fame, mnd was gradu ated from the Harvard scientific school and the university and served with dls tlnctlon In the army of the Potomac during the civil war. He lived at Ards- ley-on-the-Hudson, and was a director of the New York Life Insurance Trust company of the city. Well Known Baltlmoresns.

Baltimore, Md Nov. 29. Charles D. Fisher was 60 years of age, and F. Redwood 43.

Both were married. be Ing survived by a widow and several children each. The Fisher family has been representative In Maryland for many years. The father of Charles D. Fisher, the late William Fisher, was an influential banker of Baltimore in earlv days.

Charles D. Fisher himself was numbered among the city's most successTui men. Mr. Redwood came from a dlstin gulshed Virginia family. He, like Mr.

NAMES MEMBERS OF CABINET AND OTHERS FOR SEVERAL DIFFERENT PLACES. Washington, Dec. 3. Seven cabinet changes and one apnointment to the supreme court bench were sent to the senate today by President Roosevelt, but they were not confirmed in accordance with general custom concerning such important nominations. It Is said that there is no opposition to the appointees for the cabinet and to the nomination of the attorney general, William H.

Moody, to be associate Justice of the supreme court, despite the fact that it was determined to refer these nominations to committees for report. The reason advanced for the delay is that no message of any character had been received from the president and therefore it would not be proper to transact business. The Important nominations follow: Secretary of the treasury George B. Cortelyou. Attorney general Charles J.

Bonaparte. Postmaster general George I von Meyer. 'Secretary of the navy Victor H. Metcalf. Secretary of the interior James R.

Garfield. Secretary of commerce and labor-Oscar S. Straus. Associate justice supreme court-William H. Moody.

Civil service commissioner John Avery Mcllhenney, Louisiana. Interstate commerce commissioners Edgar E. Clark, Iowa; James S. Harlan, Illinois; Judson C. Clements, Georgia.

Officials of the United States court for China Judge Rebbeus R. Wilfley, Missouri; district attorney, Arthur Bassett, Missouri; marshal, Orvlce R. Leonard, Michigan; clerk, Frank E. Hinckley, California, Minister to Panama Herbert G. Squleres, New York.

Secretaries of embassies Spencer F. Eddy, Illinois, at Berlin; H. P. Dodge, Massachusetts, at Toklo. Second secretaries of embassies-George Post Wheelock, Washington, at Tokio; Paxton Hibben, Indiana, at Mexico City.

Third secretary of embassies Bailey Imes, Pennsylvania, at St. Petersburg. Secretaries of legations Charles S. Wilson, Maine, at Havana; William M. Langhorne, Virginia, at Christlania, Norway; William Heimke, New York, at Havana.

Consul general William P. Kent, Virginia, at Guatemala. Consuls George A. Bucklln, Oklahoma, at Glauchan, Saxony; H. S.

Brunot, Pennsylvania, at Jerez de la Frontera, Spain; A. W. Brickwood, Arizona, at Puerto Cortes, Honduras; J. G. Carter, Georgia, at Tam-atave, Madagascar; E.

L. Harris, Illinois, at Smyrna, Turkey; W. L. Low-rie, Illinois, at Weimar, Thomas P. Norton, Ohio, at Chemnitz, Saxony; A.

C. Seyfert, Pennsylvania, at Collingwood, J. H. Shirley, Illinois, at Charlottestown, P. E.

I. Circuit judge for the Third judicial district Joseph Buffington, Pennsylvania. Assistant attorney general A. W. Cooley, New York.

United States attorney W. C. Bristol, Oregon. Marshal A. W.

Merrifield, Montana. Collector of customs C. W. Carna-han, Oregon. Paymaster general of the navy and chief of the bureau of supplies and accounts Eutace B.

Rogers. Postmasters: Idaho Maurice S. Brainard, Wardner. Montana M. Jacobs, East Helena.

Washington H. Hammer, Cedro-Woolley; D. C. Pier-son, Stanwood. Wyoming H.

D. Ashley, Encampment. Opposition to the confirmation of Attorney General William H. Moody to be associate justice of the supreme court is not anticipated by his friends In the senate. It has been reported that Senators Bailey and Tillman would contest the nomination because of their belief that Mr.

Moody had broken faith with them while acting as the representative of President Roosevelt in negotiations with these democratic senate leaders during the rate legisla tion fight last session of congress. Senator Bailey, before leaving for Texas, a few days ago, told some of his colleagues that he would not oppose the confirmation. Senator Tillman objects to Mr. Moodv as a member of the supreme court because of the incident con nected with the rate bill and for the further reason that he believes that Messrs. Judson and Harmon were un fairly treated In connection with the Santa Fe rebate case, but he an nounced today that he would not go further than make a few remarks concerning these incidents when the Moody nomination is considered In executive session.

It is expected the nomination will be reported unanimously tomorrow by the committee on judiciary. The first cabinet shitt win take place about the first of the year. Secretary Bonaparte will then go to the department of Justice. Mr. Straus will enter the cabinet as secretary of commerce and labor, and Mr.

Metcalf will be come secretary of the navy. Mr, Shaw will retire March 4 and Mr. Cortelyou will take the treasury portfolio and will be succeeded as postmaster general by George von L. Meyer, the present ambassador to St. Petersburg.

Mr. Garfield will succeed Secretary Hitchcock as head of the interior department at the same time. SUFFERING FROM COLD. Portland, Dec, 1. A special to the Tvenlng Telegram from North Yakima says: The coal situation in the Yakima valley is growing worse.

The weather is cold and hundreds of families in the city are suffering. The Northern Pacific has five cars of coal on the tracks here and the citizens are organizing to make a raid upon it, as the railroad company re. fuses to sell any of It. The people in Yakima City, four miles south of this place, are in desperate straits, and declare that they will capture the first coal car that comes through the town. BREWERY IS DAMAGED.

Passaic, N. Dec. 2. Fire today damaged the plant of the Hygenla Brewing company to the extent of 1276,000. Thomas of the Southern returned here with the train.

FORTY KILLED AND MANY INJURED BY EXPLOSION Dortmund. Germany, Nov. 29. The explosion last night of the Roburlte factory, near Annen, resulted, as far as is known, in the deaths of 40 persons. Many others were so seriously injured that there is no hope of their recovery.

Many persons have not yet been accounted for. Among the wounded are about 200 employes of the factory, and the total of persons dangerously and slightly injured amounts to several hundred. The police today succeeded In removing the Roburite from the vaults beneath the factory and there Is now no danger of further explosions. The damage is estimated at $500,000. The concussion was felt for eight miles.

Owing to the bursting of their ear drums by the concussion many persons have been made deaf. Physicians regard the condition of 38 found as hopeless. At the time of the explosion 600 boxes, each containing 80 pounds of Roburite, were stored in the factory. The great force of the explosion was felt as far as Dortmund, 10 miles from the scene of the disaster, where a large number of windows were broken. On the main road to Annen all the houses were razed to the ground, the bodies of the killed beitig terribly mutilated.

Surviving parents dragged their sleeping children from their beds, collected their portable possessions and fled from the collapsing houses. A second explosion occurred at 6 o'clock this morning. Among the killed were the burgomaster and police inspector of the town of WItten, in the vicinity of the Roburite factory. The manager of the factory was wounded, but waa able to direct the work of rescue, which was only possible at long range, as two hundredweight of dynamite was stored in the powder rooms. An eyewitness of the disaster says that fire broke out in the factory at 7:30 o'clock last night and that when the Krupps fire brigade from the neighboring town of Annen arrived at the scene at 8 p.

m. the firemen had to retire, as other explosions threatened to folldw the one which occurred shortly after the flames broke out. The neighbor ing Krupp works were slightly damaged by the first explosion. Experts declare that considering the great precautions with which the ex plosives were stored, the disaster could only have resulted from some outrage. Emperor William has directed Gen eral von Scholl to visit Annen and AVitten, and has subscribed for the relief of the sufferers.

SHOT BY BURGLAR. Oklahoma City, Nov. 29. W. P.

Dil worth, proprietor of the Dil worth hardware store here, was shot and ing by an unknown man in an attempt i. 1 to loo me fsiure. uie luuuur escapuu. A stranger entered the store and asked cartridges which he put into the re volver ana turned it on me ciern, teu- imp him In Vir.1.1 Vila h'lnrla turn over the cash in the drawer, Mr. Dll- wortn, Happening in ax tne moment, was also told to hold up his hands.

xninKing it u. jokc, umvori.ii laugneu rit Vtim tht mnn Viocrun tr, shnrtt Two shots took effect, one in Dil-worth's wrist, the other in the side. SHOT BY A THIEF. Kansas City, Dec. 3.

While Santa Fe passenger train No. 17, which left Kansas City at 10:30 p. was standing on a siding at Holliday, at 11 o'clock tonight, a sneak thief attempted to leave the train with an overcoat and suit case belonging to E. C. Ward of Purcell, I.

T. Ward grappled with the thief, who drew a revolver and shot Ward In the leg, breaking It, but Ward recovered his property. The thief apparently made his escape In the darkness, but instead he made a detour and entered the smoking car In front, where he stole a hat belonging to one of the passengers. The intruder then escaped. DUEL TO THE DEATH.

Rhyollte, Dec. 3. Sam Spears, a young man formerly of Grass Val ley, shot and killed Fred A. Purdy, a barber, yesterday afternoon. The men met on Main street and started firing at each other.

Each was armed with an automatic Colt's pistol, which he emptied. Five bullets entered Purdy's body, one piercing his heart. Spears received one bullet In the wrist. Bad blood had existed for several months between the two men, Spears objecting to Purdy attentions to the former's mother. Spears was at liberty this morning and opened his news stand as usual.

LAND COURTS IN EACH DISTRICT Washington, Nov. 29. Senator Hey burn at the opening of the session of congress next Monday, will Introduce a bill creating United States land courts In each of the public land states, in which an appeal may be taken from any final dcclson by the register and receiver in regard to the right to enter the public lands. From these courts an appeal will He to a national land court, to be provided by the bill, with headquarters at Wash ington and consisting of three Judges. Mr.

Heyburn thinks this will relieve the general land office and the Interior department of the necessity for deciding legal controversies affecting the entry of public lands, and will greatly curtail the expense and delay incident to such contests at the same time secure Judges who will be appointed for their special fitness and abllty to handle such cases..