DATHKH-falr to. algal M
I EDITION I
PRICE ONE CENT.
SUBWAY INJUNCTION PUT
UP TO APPELLATE DIVISION;
M'CALL NOT YET IN OFFICE
.Justice Davis, After Hearing
Arguments, Orders Case
Appealed at Once.
M'CALL IS IN NO HURRY.
Gives Hint That He Will Not
Step In T ill Deal Is
J tint Ice Davis In the Supreme Court
UUl afternoon continued the Injunc
tion Usued on Tuesday by Justice
MtOdrtCk restraining the Public 3?r
' ice C-jmmlssloii from Mgnltlg the
uihway opera i lug contractu. The de
cision of Justice Davis was In the
nature of a compromise looking to
cpeed in Stirling the dispute over the
lodge Mnrgun .1. O'Brltti, at the clone
nf argument! before Justice Davin (in
he natter making the Injunction
permanent, suggested that the Injuiw
t ton agnlnit tin- Public Hen lot I'onmls-
i ten tie dlnoolvod and an InJuncUon bo
issued In Its .-itp.nl against the Hoard of
Kattmata This would give Chairman
Wllleoa a chance to sign the oontracti
before retiring from office, ami eouM,
.ludpte O'ltrten asserted. prOtOOt the In
tercuts hi t.ie public, Inaamuoh as the
loard of Kstimatc mint approve the
oontraota before they are iinaiiy ilgnad.
SHEARN TURNS DOWN THE
PROPOSAL OF O'BRIEN.
Clarence J. kearn oposed the sug
gestion. He udJmUtnd thai the chief
point of tiio injunction was to restrain
Mr, Wlll-ox from toting on the con
tract!". Mr. Bhesm said he was wining
to irual Judgre MoCall, Wlllooa's su
ceevor, to deal fairly wIMi the people,
but h. dtdn'i wanl WTlllooa to earny out
Ida pragratnme arte:- his ter u of of-ti.-r
Finally Justice Davis auggestsd that
eotintol for both slJee agree to submit
the matter t.i t lie Appellate Division.
Till was agreeable to t lie lawyers.
JustWe DaVlS xakl he would sustain
the objection but that an appeal mu:t
lie taken to the Appellate DtVtSlOfl al
ansa o that arvumenta may be made
before ha body o-morrow.
In case this step !s found not feasible
'lecause of the Inability of the Appellate
Division to take up the matte Justice
Davis will ask for briefs and taks the
rpiestion under advisement, lie hinted
that If the decision is left to him he
will ifn thoroughly into the merits of
the case before commuting himself. At
any rate the contracts sre effectually
tied up nnd tin- chance of Mr. WlUcx
elKnlnK them as an official grows dim
mer and dimmer.
Jt had been reported that Justice
McCall was ready yesterday to take his
place In the Public Service CnallgH
alon if Justice llendrlek Vacated this
injunction, but be took a different view
of the situation to-day. lie was at
work cleaning up the odds and ends of
hit Judicial business, but received many
callers, Including Corporation Counsel
' 'DGE M'CALL 8AY8 THERE IS
NO NEED FOR HASTE.
Judge McCall was asked whether lie
Intended to qualify to-day in his new
Without questioning the motives Of
those who have been urging- me to
oiiallfy in a hurry so that Chairman
WUkMg caji not Jlgn the proposed sub
way contracts." he said, "I wish to aay
that when a committer called upon me
yesterday and told me the contracts
would tie up the city for fifty-three
eara 1 was serluusly alarmed. I sent
for a copy of the contracts o thut I
I nteSnif might become familiar with tne
"To-day 1 am briathii.g more freely
(Continued, on Fourth rage.)
FOR RACING SEE PAGE 4.
Walsh Sends Word to Waldo, Who Suspends Trio
HEROES SAVE HER
Rescue by Ladder on Heaving
Sea in Gale Puts Thrills in
DOCTORS ANSWER HAIL.
Quarantine Staff Sends Boat
After Tears Melt Captain of
That Miss Marie Nndore, a slender,
sinuous vision In clinging black. Is not
now on her way to France to gladden
the hearts of the boulevardlora la due
to the gallantry so exquisite of Capt.
VaacO of the French line steamer La
Touraine, which sailed to-day for
Havre. Clell ines braves, drhe eight of
beauty In distress halted the big mail
steamer off Quarantine while Miss
Marie, who comes from Montreal, was
sent ashore In the tug of M. Io Docteur
You see. Miss Marie's brother, Phll
lippe, was on Ills way to France to
visit his grandparents, and the young
woman accompanied him to the ship
to say goodby. Moments (lew along
and neither sister nor brother hea-d
the warning wall of the ehlp'a siren
as she gave the signal for "All ashore
what's going ashore!" only they nay
It mora politely In French.
ALASl THE BIG SHIP HAD KID
The first Intimation they had that the
Touraine was oaat.ng oft was when the
tumor of her revolving rcrews vi
brate 1 through her fabric.
"Mon Dleu-" shrieked Miss Marie.
"Norn d'um nom!" thrilled PhlUlppe.
Tiioy ruehed on deok. A big etrtp of
angry, towing water, whipped up by
a stiff br.-eae, already lay between thorn
and the dock.
Picture the scene ao distressing, mes
SUtailt There was beautiful Mies
Marie In tears, PhlUlppe In distraction,
the other passengers In spasms of sym
pathy. Even Jean VUlefnanc, the
quartermaster, whs strangely moved.
Mai Marin shrieked, PhllUppe swore
and somebdy rati to ttll the gallant
t'apt. Veeco, who summoned the
brother and sister to the bridge.
"I demand mat I be set on shore!"
cried the slender vision In Mad;.
"llelus! Mademoiselle, that is a thing
In, possible." explained the captain. "It
is too rough. I'm afraid that we must
have the pleasure of your charming
presence all the nay to Havre."
N m d'un chlnn! What a quandary
emibarrasslntr for Miss Marie. Before
the sight of he latge, pearly tears
that began to ram fret ly from her lus
trous dark eyes the captain's resolution
began to m.' lit as W In spring sun
shine. "I'ouraire," ha exclaimed, "a
way will be found. Never let it be aaid
that the French lino carries young
ladles off across the cruel ocean against
DOWN A LADDER WENT MARIE
TO RESCUE BOAT.
Capt. Ve o proved good as his
word. Oft Quarantine the ahlp was
halted and a signal for the doctor's
boat w as run up. Out came the Jit tie
craft, bobbing like a cork over the big
seas. What could have happened on
La Touraine, wondered the officers In
charge nf the health boat. Illg mall
gteamers are not in the habit of halting
on their seaward nay.
"What's the trouble?" hailed up the
kipper of the little craft as lm came
"Ah, monsieur,' waa megaphoned
from the bridge, "will you have the
grand politeness to set ashore a young
BIG SHIP KIDNAPS
"System9' on Verge of Fatal
Circulation Books Open to All."
,"!&&W9tK!mm ' NEW
CHOSE 15 LASHES
AT THE POST FOR
"If State Wants Anything
From Me It Must Take It Out
of My Hide," Said Prisoner.
AT END GAVE THANKS.
Maryland Man Could Have
Paid Fine or Gone to Jail
Friend Whipped Him.
(HwcUl tn The Fieatag World.)
FREDERICK. Md., Feb. (.-Released
from tha Jsll window bara to which he
had been handcuffed while given fifteen
Ushea for wife beating. Robert PhlUlpa,
a white man and city employee, the
manacles still clinging to his hands,
turned to Sheriff Fagan, who applied
the lashes, and clasping Fagan's band,
asld. "Much obliged. Sheriff."
Phillips, who had beon convicted of aa
sault after brutally beating hie wife,
had been given his ehajce of sixty daya
In jail and a tine of gaPbr the whipping
post. Ha chose the latter. The court
decreed that he be given 16 lashes.
"Twenty-five dollar la a whole lot
of money and sixty daya la a long
time to spend In Jail." aaid PhlUlpa
when aslied his reasone for hla choice.
"The law won't get anything out of
me unlesa It takes it out of my hide."
So It was taken out of his hide and
the whipping wlaa admlnlsterod by
Sheriff Pagan, who was his friend.
However, Just before the whipping
I'hlJllpa sent word to Judge Anders
that he had changed hla mind and
would rather go to Jail. The Court
declined to change the sentence, say
Irw that Phillip had chosen when he
had the opportunity.
The third floor of the Jail was se
lected aa the place for the whipping.
To the bars of a window about the
middle of the large room the prisoner
had been fastened by two pair of hand
cuffa to the bars. Hla hands had been
raised above his head. Thla was done
before any persons were admitted to
the room, and when the fifty visitors
wanted Inlo the apartment they found
Phillips very nervoiw, grasping the
gaatlni; over the window and shaking
like an nspen leaf.
Hla undershirt had been left upon
him. Sheriff Pagan walked to the pris
oner with a short plaited whip In hand,
known as a stallion whip and said. "I
am now about to carry out the order
of the court. You have chosen this
form of punishment, and It Is my duty
to Inflict it. Remember, I have nothing
against you, and I hate to do thli be
cause I have known you al! my life.
You have brought thli upon yourself
and a man so cowardly as to beat bia
wife deserves such punishment."
To thla Phillips replied:
"I know it, Mr. Fagan, and I don't
Sheriff Fagan then began to apply the
whip. The blows were applied m quick
succession and about the fourth lash,
I'hilllps cried: "Mr. Fagan, don't hit ma
near the neck."
The other lashes fell fast until the
fifteen nere OOmpUted. Sheriff i.'agmi
was his own counter and stopped
promptly and turning to Dr. J. o Hun
drix. the Jail physician, asked that the
man's back be examined.
The (lamination showed grg r(.d
nelte had been raised but no blood
drawn. Several of the blows of the
whip were administered with consider
able force, and almost every blow le.'t
Deputing at once began releasing he
man and us soon as the rlrTlit hand had
been released and the left was still
handcuffed to the bar, Phillips reached
his hand to Sheriff Fagan and said:
"Much obliged . lerllT." PhlHIpa donned
his shflrt, his vest and coat ami then
asked: "Doctor, does this settle It?" uc
was told it does and he left the Jail.
lady who, by a fearful mistake, has
agalnet her will been earned uff?"
Miss Marie added her pleadings and.
not to be outdone In gallantry by
Capt. Vesco. the bold mariners of
the Health Department ran up a la I
der down which Miss Marie but it
was blowing nard, mid let us llut he
less ahlvajom than rapt Ve..:o and
les braves from Quarantine.
Mlsji Marie will go bgok to Montreal,
but what an experience ter-r-r-ribls!
"KOKECA" TOMATOKM lUe. TAN.
Uineit in- tNjsuide fur s icniiiiiftv fj4, rtue
MatteSls, aVcssr. alensil 4 Ovodu Co. adrt.
YORK, THURSDAY, FEBRUARY 6,
MRS. BEACH SAYS
Wife of New Yorker Follows
Him on Stand and Frees
Him of All Blame.
Declares Stranger Waylaid Her
on Lawn of Home at Night
With Knife and Stick.
AIKEN, B. C, Feb. (.-Corroborating
her husband's dental that he atruck her
down and slashed her neck last Febru
ary, Mre. Frederick O. Beach, wife of
the millionaire New Tork clubman, thla
afternoon took the atand to fight the
Stats'a attempt to convict Reach for
aasault with Intent to kill.
She was called aa a witneas Imme
diately after Beach had endured a sharp
iTosa-exanUnation at ths hands of Pros
ecutor Ounter and had stuck to his
story that a mysterious man committed i
the assault. He made the indlroctl
i ni.Ni... wmm mi indirect
irge thst a blade in hla knife, which
prosecution held was the inetrument
t. teJil.h Ur. 11,,.. V,
NEGRO KNIFED HER
ary, Mrs. Frederick O Heach. wife of 9 rT ,. gaaBsBa
took the atand to fight the aMsV VVJJ' B
, She was called as a witneas Imme-1 JSf-.m 1
wftn wnicn Mrs. lieacn was slashed,'.;
( ' PSmWr W I kH('i-t-!H !
I 'AmX'f I KEPTAGAYNOR
JJ) . "aaajar s',-!S-j-vj?.V-s-i'-i. t4'-.
j Jmt VERDICT FOR $5,800
W AGAINST GAYNOR IN
'V WW SUIT OF DR. ARLITZ
rIJW BY 3ipo
had been brokSQ by the city au'hori
tles. After the tAstinvony of Mrs, Bsaeb
.inl a few other Wltneaaas tha defense
rsatsJ its case. Tin- progsi ution lmms
dlatsly OgMad other witnesses lii re
buttal. 'Mrs. Heach npkred slightly nervo us
when she took tlstand, but quickly
regained her compusuie. Shu wiwe a
brown skirt and a loA-ni ke.l while
atllrtWalgt' The leaf OH bar neck where
tne assailant wounded her was plainly
(Continued on Second Page )
PANAMA CANAA CHl'tSgiS.
IVhei. iwiu' wn sod lahttt lufuruuLOj ra
ALL LIN 3 St THE WOULD IUULL
THOMPSON TOOK GRAFT
How the "System" Works
and Divides the Graft,
Capt. Walsh and Collector Fox.
i !'!!!.) $ itfttjtH
ISIPP Paid It
I To FOX.
! FOX Paid It
IWALSH Paid It
Who Paid It
Hoboken Physician Ha J De
manded S7,oo for Services
After Gallagher Shot Mayor.
TRBNTON, N, J . Feb. c. - a jury in
the I'nited States CoUrf tn-duy awarded
a verdict nf ti.viO to Dr. William J.
AiliU of Hub.. ken for medl al eervlces
rands red to Mayer wni'am j tjaynof
after he was shot by James J.
Oailag ier Dr. Arli'z sued fur $7,300,
Puru Invltaa On Oelf I'lmrrs.
I'Aitw, Fob. c -An omeiai invitation
to the Association of fJOlf ClUbf nf the
foiled States to send four profasetonaJl
to p;ay ag'lnst fmir French profsaslon'
ala on the golf links at l.a II. mile, from
June 1'7 to July I this rear, wax for
warded to-day by PH)rra Daaohampa,
PrSSldsnl Of the fJOlf PlUb Of Paris.
(nil g Bllonnl llftllks.
WAdHIMiT'ON, Fftb. 6.-The Cotnp
: tiollei of the Currency Issued a -an fr
I a statement of the condition of all
llunul baiias of the I'mted Htates at (lio
clo.s of Business on Tuesday. Feb. 1
I f Tm-toa). Z . Vf m Basts" Wai eaar
.igUT ayanggggT aTggggf H X
-sbubbv i srafSBBBBBB- sananni aananna as
:x mm xrBBv
Circulation Books Open to
H i i-.---r.,.f -... i. t-s ft..,
Magistrate Moses Herrman Re
warded by Promotion to
Special Sessions Bench.
It pays to keep a scran hook. Any
how. Maslntrate Moses Ilorrman la tha
xalnor bjr ll,IOg through ills promo
tion to-day to Special Heaslons by Mayor
Hal nor. The salary of a Magistrate Is
17,000, while his salary In .special Hes
sions will be $9,000. For the two yeara
as Magletrata he would have received
1 1 1,000. On the Special Sessions bench
he will receive $7?, 000 for eight years.
The difference Is $38,000.
This la the announcement seat front
Mayor Senior's office:
"Magistrate Mom s llcrrman, whom
the Major this morning promoted to
be Justice of the Court of Hpoclal
Hcss.uns to I UP Bead the late. Justice
Stelnert, was serving a Mooted term
as Mait'strate. the Mayor, having re
appointed him last year. He and the
Mayor have been frlandl for a long"
"Magistrate I f r r miu, has followed
the Mayor's narsar for twentv-nv
years. Me has cut trum nawepapere
all epeechee and letters of the
Mayor during that time and all ar
ticles concerkiug him and moat of
hla Judicial decisions and has prob
ably the largest acrapbook concern
ing the Mayor to be found outside
of the newspaper offioea of the city.
"He has bean ftne or the most
careful and e ii -1 n n p. red of the
City Magistrates II" never gnUgag
IU police or got in any Hurry about'
anything. Hi oould tlvay be railed
on. Tin Mayor has ban 111 the bgbll
f pointing 10 ,,l'" as a model Mag
IntratO, and no niie waa urprlsed
when the Ma or promoted him,
The MgyOI also aPolnted Samuel D.
Lovy to take Die pa Ice On the Maa' s-
j tiatc s ben, 11 left vacant
by the pro-
uiotloo uf Judge Ilea : iiiau.
jJH IsmHH '
Baaniflr I sanWVlnnT
atMB i.v avf era M bkI R Na
SUSPENDED BY WALDO
ON VICE GRAFT CHARGE
4B9 lc- j'iii a-
TBBB SBsi Bar aBBBr
VgfgV Baa BasgaaaYr ''
HwJs F "
7aasv ertk m
esase-" SSBT a
Sweeney and Two Men He Succeed
ed, Hussey and Thompson, Ac
cused in Further Confession of
Capt. Walsh, Who Will Bare
Whole "System" as Grand Jury
Police Commissioner Waldo suspended from duty this afternoon,
pending trial on charges of grafting1, Inspector Dennis Sweeney of rhd
Sixth District, CapY James E. Hussey of the Rdckaway Beach Precinct
and Capt. James F. Thompson of the Lee avenue station, Brooklyn,
Hussey and Thompson have been inspectors and both have been in com
mand of the Sixth District in Harlem.
Police Captain Walsh, under suspension and a self-confessej
grafter, made a statement to Third Deputy Commissioner Newburger
this afternoon, in wtiich he accused Hussey and Thompson of taking SO
per cent, of his graft collectors during the period when they were In
charge of the Sixth District. Hussey and Tiorrrpson served there In the
interim between Sweeney's first command of the district, in 1906 and
1907, until he returned in 1911.
WALDO INVESTIGATES "HIGHER VP" CHARGES.
As soon as the Third Deputy reported to Commissioner Waldo the
order suspending Sweeney, Thompson and Hussey was issued. Com.
missioner Waldo sent Commissioner Newburger back to Wabh's home
to get additional details, especially with respect to amounts and dates as
(0 Hussey and Thompson, and as to Walsh's statement to District-Attor
ney Whitman last night that part of the graft passed downtown and
landed in the pockets of an executive official of the department at Po
Walsh mentioned to Mr. Whitman the name of the Headquarters
man who was supposed to get a share, but his accusation was not spe
citic. Qiininissioner Waldo wants all the information Walsh has about
this phase of the scanJal and it is announced that if the accusation war
rants the same action will be taken against the Headquarters official that
has been taken fllMi Sweeney, Thompson and Hussey.
Inspector John P, Dwyer has been temporarily assigned to charge
i f the Sixth District. In addition he will remain in charge of his own
district, the Fourth. Sweeney's ten plainclothes Central Office men were
transferred this at'termion, and Dwyer was ordered to organize a new
District-AV.ornev Whitman and Assistant District-Attornev r.rrwhl
went to the home of Capt Walsh late this afternoon with a stenographer.
They expect to get a detailed statement trom him to-night, to which ha
will affix his denature under oath.
Ill the latest grift developments tre
District-Attorney and the Police Com
missioner are forking In co-operation.
Mr. Waldo Is now convinced that high
police officials have been pulling the
wool over his ees and he Is determined
t i get to the bottom of the situation, lie
aw Mayor OgygOf to-day and talked
with him about Walsh's charges. Tiiu
Mayor, It Is understood, Instructed 1dm
tu take an active hand lu the Investiga
tn-algtat and rrtdart Mia.
PRICE ONE CENT.
.... i -
tion and proceed at once against all po
lice officers Implicated by statements
that carry weight.
Walsh, according to the programme
of the District-Attorney, will ba in
dicted on Monday by the John Doa
Urand Jury. As soon aa hla health,
permits, he will be taken before tha
same Orand Jury and his accusations
against Sweeney. Hussey. Thompson
aod others will ba put into the local
IN. J.E.THOSeipSOM r
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