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GIBSON JURY AGAIN DISAGREE
Board of Health Bars Dr. Friedmann's Serum
r to-night aad rridn.
I " Circulation Book Open to jjtjjjj
" Circulation Books Open to AlV
PRICE ONE CENT.
nn ee m uw u in suss
SAYS ROOSEVELT DOESN'T
DRINK TO EXCESS OR SWEAR
vExOiief Forester Admits See
ing Plaintiff in Libel Suit
Take a Julep.
HB KEEPS A WINE CELLAR.
'Tts Just Like Th of Any
Other Gentleman," Declares
Young Philip Roosevelt.
MARQUETTE, Mich.. May 2
Theodora Roosevelt's lawyers do
the talking In court at the trial of
Ma avlt for libel against George A.
Newett. claiming $10,000 damage
because the editor published In the
Iron Or an article accusing him of
drinking to excess, but the Colonel
I the real boss of the show that Is
going on before Judge Flanntgan.
Ha Is Chief of rStaff. MsJor-General.
Colonel. Captain and Orderly Ser
jeant In the marshalling of bis evi
dence. Ha days whose '.urn It la to
testify, and what he says goes with
Ask one of the Colonel's lawyers what
ins order of witnesses will be on the
land nd the lawyer says he doesn't
know. He really doesn't know until
the Colonel tells him.
"I'VE GOT ALU MY INTIMATES
HERE," SAYS COLONEL.
That paper jatd all my Intimates
kuew about my lisblts, and now I've -rot
"m kere, by Oeorie!" sold the Colonel
with delight to-day as he viewed the
recession of reporters and ex-Ambaaia-ort
and former Cabinet members as it
h ended Its way from the bouse whure
mm Wnd hla witnesses are stivlnl.
"But. Jie added. "It s tough hen a
man sets shot tip and has a w.eddlng in
'his family and goes Into a libel suit, all
In one year. That bullet In Milwaukee
ust me about W.OOo. and the wedding
cost me a.Uut ihe same, and I don't
knew how much I'm going to have to
pay out for this suit."
Five witnesses. Including a relative,
a former member of the Uough Hldera
regiment, a former locomotive rtramaa,
a newspaper man and a formor judge,
testified at the morning session. They
were Philip Roosevelt, a young son of
Iks Colonel's cousin; Charles Willis
Thompson, a newspaper man; Andrew
A. Abels, a former lo.otnotivo fireman;
r.dwln Bmaraon, Cuban Rough Rldor
campaigner, and A. Z. Blair, a former
Common Pleas Judge of Ohio, who dis
franchised many men In Adams County
for illegal votung. The substance of the
what daring; ale sempalga la
Oabe with ke Bough Kldsrs OoL
atoossvert drank only black coffee
or water, and sever Uqnor of any
Thai during hla political cam
paigns the Colonel draak cham
pagne only occasionally, axd never
, That while Col. Soosevelt kept a
large and varied supply of wines at
(Continued on Uecond Page.)
FLICKED GIRL'S NECKLACE
OFF WITH WHIP, SHE SAYS.
Truck Driver Charged With Re
markable Feat q) Jugglery
From Moving Vehicle.
With a crack of hla lone; whip, ktteh
aat C'arliver, truck driver, fllckod a
necklace from the throat of slxteen-yeai-old
Tlllte Uoldaarf of No. 71
yjfth street; with a backward snap of
the lash be dlvsrted It Into his own
band and pockut. and then whipped his
horses Into a aallop and tried to eg
oape, according to the story told to-day
by the girl and corroborated by her
Tlllle and other employees of the Oina
barg Co. factory were in front of Uie
hulldtng at Prince and Oreert- street!"
Ttllie, wearing a gold and rlilnestoiie
i gad "lavelUer." was at the curb
Cm It ha New
Haverford, Held Fast Off Irish
Coast, Calls for Tugs to
700 ARE TAKEN OFF.
Hurried to Oueenstown, While
Relief Vessels Stand by
Wreck to Rescue Others.
QUbMSaVOWrt. May aV3NI Ameri
can Line steamer Haverford. bound
from Liverpool to Philadelphia with i.ss
passengers aboard, struck on the rocks
off Cork Head, to the west of Queens
town In a dense ton to-day and stuck
fast, he immediately began to take on
water forward and Capt. Evans. In
command of the vessel, tteehed wireless
calls for help.
Tugs In port here responded and
about -ix oolvk this evening located
tha recked steamer and at once began
talon off the paeaengere.
SEVEN HUNDRED PASSENGERS
TAKEN TO QUEENSTOWN.
Seven hundred persona, many of them
women end children, were taken aboard
two of the veesels. which started "ff
for Queeiuttown. These It is expected
will be landed safely here to-night
The Government tug Helleapolnt. sent
to the rescue by the Admiral of the
Port, and another tug remained along
side the Haverford. so there Is little
doubt that all the passengers and crew
will be saved. The eea to-night was
rmoth, but the fog continued dense.
Officials here said that no fear Is
entertained for the passengers still
aboard the liner, as they could even be
landed by the ship's boats, while ample
assistance is at hand and thsrs Is no
risk of sny ons being lost
Full details of the wrecking of the
Haverford have not been obtained, tag
Wireless messages from the vesssl merei
stating that she had struck on tho
rocks and giving no Idea of the happen
ings on board.
WILL SEND PASSENOBRS OVER
ON ANOTHER STEAMER.
Capt. Evans sent ward by wireless
t hut the steam pumpa were ready to be
used'ln case of need.
An official of the American line tins
evening said that when all Ihe poa
miigers had been disembarked from
the Haverford arrangement would be
made to tranlTer them to another
teamer. The Haverford will be taken
to Liverpool for repairs.
The Msverford took a largo numltor
of passengers on board at Liverpool for
Philadelphia and about 100 Irish passen
gers were waiting fir her bare, but did
not gel on board.
as Carllvsr'a truck came along. Suddenly
tbe girl screamed and clutched at tier
throat Her companions saw the laah
touch her neck for an Instant and then
flash ba k to the driver, with something
gltttsrina- attached to It. they said.
Carllver was chased for a block be
fore Policeman tichmlttberger took him
to the Macdmgal street station. The
noc.klaoe was not .found on htm and lie
euld that his whip struck the girl by
Carllver, who lives at No. 612 Ixrl
mcr street, Ilronklyn, waa hiId on a
charge of assault.
rut. momj.u rkUVKL uiatun.
Arcsds. I'olluer iWorl.it Uullilli. Mga Vert
U. V.i'l'r. Tickets i4 ruerradoiu n all
STRIKES ON ROCKS
The Irees Pal
(6,500 IN ALIMONY
Justice Aspinall Gives Society
a Hard Jolt in Deciding
BANKER HEYE PROTESTS.
Wife's Extravagance Cut His
Fortune From $ 1 ,500,000 to
$360,000, He Says.
No woman la entitled to ff.BOO e
month alimony In the opinion of Su
preme Court Justice Aspinall. Judgs
Aapinull made a declaration to this
effect from the bench to-day. He had
Just heard John Wlllett. attorney for
Mrs. Blanche A. W. Hays, who Is seek
ing sn absolute divorce from Oeorgs Q.
Heye. a member of the New Tort bank
ing firm of Battle Co.. No. 0 Broad
nay, argue she was entitled to that
amount pending a final decision In her
"This talk of women needing fortunes
to maintain their position Is all bash."
declared Judge AeplnalL "Lata at
women haven't any station until they
marry risk men. They do It to gat all
they can out of their husbands, and
w-lien the husbands put on the brakes,
they go to court and aak divorcee and
fortunes In alimony.
"Society wexeea in eTew Tort saaka
me tired. They go to Ike atts-Oarltoa,
some otksr hotel or their elans, drink
hlghbaus, sag smoke cigarettes la
stead of being home making their hus
bands happy. They tide p Fifth ave
nue la their autee with poodle dogs la
their lags, and whan a salt la kreagkt
against a peer ssaa who la nnf ortunate
enough to own a million, they oasts
into eonrt and talk about hM I'alnlalagT
their social poeltloe."
REFUSED TO NAME A REFEREE
TO TAKE TESTIMONY.
Judge Aiptnall refused to consider
the Idea of a referee, but announcod
he would take the papers end consider
Hearing of arguments on the question
of the temporary alimony served to
bring out the name of the co-respondent
In Mrs. Heye'a suit ror divorce.
The woman named Is Miss Myrtle Vln
cen, and Mr. Wlllett, apeak'lng for Mrs.
Heye. charged that Heye had main
tslncd her at age Hotel Ansonla, In New
York, for the last nlns years at an
annual cost of M.ono.
The Hues were married in Wellesluy
Hills. )Asa.. In 1H It la charged
Heye relations with Miss Vlncen be
gan about the same time. Mr. Wlllett
said they made twenty-four specific
clisrttee of Infidelity, and would, at the
proper time, introduce wltneesea who
would tell of them In Cincinnati, Har
rlsourg, Pa., New Orleana and even
Panama, where Heye is alleged to have
taken Mlsa Vincsn on a trip. In his
affidavit Heye denlea all these charges.
MADE STRONO PLEA FOR S6.500
A MONTH ALIMONY.
Mr. Wlllett made a strenuous plea for
the 6,M0 alimony. He said tha Heyes
had twu children, Mildred, aged eigiit,
and Lawrence, aged four, and the
amount was necessary that Mrs. Heye
might maintain nV station in life.
"This couple lived several years at
the Hotel l.iinsdon. Klfth avenue and
Kifty-nlxUi street, at an annual coat of
IIO.POO a year. Before that they re
sided at No. t7 Madlaon avenue, where
they paid a rental yearly of 116,000.
"Mr. Heye. while they resided to
gether at the Langdon, gave hla wife
1700 a week for personal expenses.
Hlght now. with Mrs. Heye and tbe
children still living there, they are
compelled to spend SK&o a week to
maintain their proper position, anu
Mr Heye Is giving his wife 12,000 a
month for her other expenses.
"Mr. Heye. we believe, la well able
to pay the alimony we hae asked. He
maintains a country home at Roslyn,
I.. I., where there are twenty-one ser
vants, and his gsrage expenses each
y ,ar alone ttrnount to ItO.OW. He Is the
son of a Standard Oil msgnato, and In
herited a million and a half dollars
from his fathsr.
"I understand Mr. Heye claims he
la only worth tagn.nw now. We've had
an expert accountant exftntne His
ures of hlb accountant, and we do
iiue know If these figures are correct
iCaajrilBuad as gtood Page
NO WOMAN NEEDS
NEW YORK, THURSDAY, MAY 29, 1913.
Banker's Wife Who Asked Court
For $6,500 a Month Alimony
kR KLTe (, mW v
w ftv'mitv'' am W
PNS1:' ".'' am w
XUs BaT ' T ' 1 aW mur
9m mr at wy
xsav mw " " ' aw wy
a mu y Jiw . aw mzr
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PRIPniUIANM fiinr I
i iiiiwUiiinini uuiii.
PUT UNDER BAN BY
Resolution Is Passed to Forbid
Use of Live Bacilli in Treat
ment of Tuberculosis.
The Board of Hsslth took action to
day which will close tho Frledmann
Antl-Tuberculosle Institute on West
End avanus Indefinitely. A resolution
passed by tbe board does not mention
Frledmanifa turtle vaccine specifically,
but describes It In an unmistakable
way. In effect the edict of the board
la that living bacilli may nut be mar
keted or used on human beings tn this
city unless the Board of Health, after
a full chance to analyse them and know
the Innermost secrets of their prep
aration, has given Its written permis
Under the law the violation of eueh a
resolution of the Hoard of Health Is
punishable by a fine of ISUO or a year's
Imprisonment or both. Inspectors of
the Board of Health are keeping close
watch on Dr. Frledmann, his former as
sistant. Or. Sturm who says he took
to himself some of the Frledmann cul
turee and any othera who are exploit
Ing bacteriological treatments for con
sumption, cancer, tetanus and hydro
phobia. The purpose of the resolution. Health
Commissioner Lederle explained to-day,
waa not to interfere with thn scien
tific teats ae to ths value of the bacillue
Dr. Frlsdmann bellevoa lie has discov
ered. Tbe Board of Hegjtii lias merely
acted to atop the indiscriminate use of
the Frledmann treatment In a cummer
OARD MUST PASS ON ALL CUL
Tha Investigation on which the action
of the Board of Health was liasvo was
made by Dr Slade uf ll Otieviiio tu
berculosis sanitarium, which la con
ducted by New Vork City under ths
direction of ths hoard. Ho found that
many of Dr. Frledmann's patients were
not as wsll off. In his opinion, as thv
were before Ur Cried man n operated on
The resolution follows:
"Whereas. Iu the Judgment or the
Board of iiealni, uie use or Hying cul
tures of bacteria In the lnocul.it iou of
human beings, for Uie prevention or
log usawagni ul Jiteasa, ma ftaught
with serious dsncer to Indlvldusls and
to tbe public healthi and
"Whereas, The necessity and the
hannlsesness of such a procedure can
be safsly determined only by carefully
planned and eon trolled and unbiased
messurss and observations, and
"Whereas. Certain tests of the effic
iency and safety of an alleged cure fur
tuberculosis now being made In this
city are being rendered unsatisfactory.
unscientific and practically futile through
the lnslstunce of the originator of tbe
aliened remedy, on conditions which In
volve Inadequate observation. Inaccu
rate methods of administration and tbe
substances employed m some phssss of
the treatment, and
"Whereas, evldenre Is already at
hand to show that the so-called remedy
not only does not fulfil the promise
of efficiency and eafety under which Its
uss was at first permitted In Ibis city,
but on the contrary, during Us ad
ministration many patlsnts have suf
fered serious and unduly rapid prog
ress of their dleeuse; therefore be It
"Resolved, Tlist ths uss of living
bacterial organisms In the Inoculation
of human beings for the prevention or
treatment of dlgease shall be and hare
by Is prohibited In Now York City
until after full and complete data re
garding the method of nag, Including a
specimen of ths culture and othtr
agsnts employed therewith, end a full
account of the details of preparation,
dosage and admli Istration shall have
been submitted to the Board of Health,
and until permission shall have been
granted In writing by the hoard for the
i use of the eame.
Tbe passage of such a resolution was
susgested last Friday by Dr. Joseph
O'Connell, Health Officer of the Port,
who Is s fltste officer and an ex officio
member of the city Board of Health.
There has been soma friction In the
board because the frlendi of Dr, Led
erle ssy Dr' O'Connell knew, at the time
he wrote the letter, that I r Lederle
waa already preparing the resolution and
so got credit for starling a measure
which was under way.
MINT BED DISCOVERED
UNDER MAYOR'S WINDOW
IN CITY HALL PARK
Park Foreman Finds It To-day
Nobody Knows How It
Mint was discovered to-day under the
Mayors window In City Hall Park.
The l'ark iJeparlmeiil furaman as
signed to the park stoppou suddenly
during his tour of Inspection, sniffed
the air snd exclaimed: "Mint, iy
I His noa him to a dot on the west
'side of the City Kail, directly under tho
, window uf His Honor's loom, where
lie found suras a el mint growing
officially no una knows how lbs mint
bad startet, ismsMisaiissssskeni
"DEAR" PET NAME
'Your Wife Will Be After You,
Co-respondent Told Broker,
PAID VISITS TO FARM.
Mrsi Bishop Phoned Husband
There and His and Friends'
Hnw James Cunningham Bishop, mill
ionaire society man and broker, bad ad
dieaeed as "Iear" Mrs. J. Temple
Owsthmey. named as co respondent by
Mrs. Abigail Hanoook Bishop In her suit
for divorce, now on trial before Su
preme! Court Juetlce Ooff: how she and
he had been alone for sere el hours sa
the Bishop farm al Crotona an mare
than one occasion: hew Mrs. Bishop
had telephoned to him there and haw
Mrs. Owathmey had laughed at him and
warned him that his wife would be
"after him" the neat day, waa all dis
closed this afternoon when es-Dietrtet-Atterney
Wallas T ravers Jerome, with
James W. Osborne, counsel for Mrs.
Bishop, ceiled to she wlWeas stand
Mrs. Elisabeth Tfahs, ssjss aeak at tha
Mre. Tlbbe teld her story with a
wsslth of detail, to which she would
have added more had not Henry W.
Toft, brother of the sx-Praesdeet and
sttornsy for Mr. Bishop, prsvsatsd by
his objections ths witness's recounting
of conversations aha had had with Kd
wth Ntelrs. manager of Ihe farm, aad
with Mrs. g tsars. As It was, however,
Mrs. Tlbbe mansged to teetlfy that she
had been unaole to And Blabop gad
Mrs. Owathmey on the ground dear of
the farm house though shs searched
every room except a bedroom. Mrs.
Rtelrs bad told her that ths couple
wsrs In thst room, said Mrs. Tlbbe. but
Justice Ooff ordered tbls testimony
SAYS MRS. OWATHMEY WAS
WITH HIM Oil FARM.
Miss Tlbbs told of Bishop visiting tbe
farm with two women friends.
"Who wsrs UieyT,' ssksd Mr. iti ama.
"Well, one was Miss White "
"Who was ths otherr
"I don't know."
"Didn't you besr Mr Bishop address
"Well, what did he call hart -"He
celled her Dear.' "
Is that all hs called her"
"Tee, sir, Just 'Deer.' "
"Wsll, do you knew now who she
"Yes. I said to Mr Stelre la that
woman his wlf-" and hs said: 'No. she's
just a friend of bis. She's Mrs. Owath
Mre. Tlbbe told of Mlee White sitting
ok ths stsps and of finding no trace of
Bishop and Mrs. Owathmey. though
shs looked through all rooms except a
Mrs. Tlbbs testified of ths visit of
April 20. when, while Bishop and Miss
Whits snd Mrs. awathmey were at
lure neon, the telephone rang, and Mrs.
d'etre notified Bishop.
"I waa in the. dining-room," osM Mrs.
Tilths, "and I heard Mre. theirs say,
'Vou're wanted on the telei tone. 1
think it's your wife.' Mr. Bishop wsnt
to the 'phone, and when he returned to
ihe ladles hs said, How strange to call
me up he.'c.' And the wovnan I knew
as Mrs. Owathmey laughed and said,
sne'll be after you to-morrow." They
suemed to be uncomfortable after the
telephone, and they didn t slay lung
Mr. Tart eoulda' shake Mre. TTbbfs
testimony, though he thought he had
trunk a rich vein when be dug into
the resson thst Mis. Tlbb, and her
husband quit the farm. Mre. Tlbbs
turned ths tables, however, by de.-lar-Inj
that shs and her husband had u.jlt
because Bteln had said to her that Mrs.
Bishop was coming to visit Ihe farm,
and it tbe were naked about Bishop
shs was to say that she didn't even
know the man. She refused to do this.
GIRL TELLS OP SEEING BISHOP
AND WOMAN AT ASTOR.
Mr. Jerome developed the fact that
after the first visit of Bishop and Mrs.
Owathmey to the farm she hud over
Heard EJkjhap stking Mrs Httlrs:
"Will aha talk or Is she el! right?"
Mrs. I licit luentined a photograph of
Mrs. GVwalnniuy as the woman ,.
BISHOP USED FOR
SECOND GIBSON JURY
CONVICT OF MUR
Discharged by Court Alter Hopeless
Disagreement Since 3 o'clock Yes
terday Afternoon One Man
Said to Have Held Out
PRISONER'S WIFE STANDS
TRAGIC ORDEAL BY HIS SIDE
Keeps Vigil in Cell With Accused
Lawyer While Excited Crowd 1
Awaits Outside Court House.
V&fJWMHU, V. Tj Hay
ft Htm Tart
Iftststlsf BMfa Okasj twenty.! baurs.
ft h raster UnU Ua rata was
Judge Teatpktas had isefiai ta
has of aa agree steal Sat sa the
odiM sad ke expected he arreptad
Thla Is tha taesad IfaagissgssM
NEWBURCH, N. Y May 29. The Gibson Jury gfter bdof out
twenty-four hours came into court at 3.10 this aiteraoon sod told Jusflcg
Tompkins they could not agree.
Juror Wilkin said the jurors could not ajree in all pcfairt. Jsjjjor '
Crist asked for an explanation with reference to the propriety of ftadhf
for a lover degree. The Judge instructed that the jury could find for
murder in first degree, second degree or manslaughter in first defne.
The Court told them that on account of the heavy expense the two
trials had entailed on the taxpayers of Orange County he felt It hs duty
to ask them to retire again and try to reach a verdict.
The jury then returned to their
The Jury returned sgaln at 4.M. re
porting that no possibility of agreement
esleted. Again Justice Tompkins or
dered deliberation continued.
All oircumetancee point ta the cor
rectness of ths report that the Jury
staade U ta 1 for conviction. Ths Jury
has not asked for any antra Instruc
tions, end the only newe from the Jury
room has been that tbe Jurors are un
able to agree.
At net 010011 this artereooa the
foreman ssnt word to Justice Tompkins
that ths Jury was hungry Ths Court
ordered thst lbs twelve men In whose
bsnds rests the fate of Olbeon be sent
out to lunch. It wss his hope that a
good meal might promote an agreement,
but the hope did not appear to have
mueh foundation. It Is not believed
that an agreement Is possible.
Th-i Jury retired yesterdsy afternoon
at J o'clock. Juetlce Tompkins waited
for a verdict until midnight, when the
foreman rent word that there hsi oeen
no agreement. The Court ordered the
Baseball Games To-Day
AT NEW YORK.
1 0 0 0 2 0 1 '"
1 1 0 0 0 0 0 0
AT ST. LOUIS,
0 0 1
FOR RACING AND BASEBALL SEE
dkh ate mm s mm SI A alr
rJMtaBi e Ares ft
B PRICE ONI 01NT.
Jury to eoneld., further. Thsrs .
sleep far tha Jurors during tha
and thsy reported this morals,
ths: wars still at losiearssSs
LONO OILAV CHEERS IMON
Ofheon. who was vtatMr a n Pi aha t
sive wbsa ths hour far eon reals; apart
arrived to-day. gained inaSdeam sa ths
hours wsnt by aad tks yrnkaSUIi. of
dlsagrssmsnt still prevailed. Ia rtsw
of the fact that In bis first trial at
Oeehen ths Jury disagreed It u, hardly
likely that he win be tried agaia at no
verdict it reached ia this geoceediagv
Justin TorravaUcs u gjo charge, test
the Jurors they might and a verdict ef
murder la either the first or ti iel de
gree or bring la a verdict ef aeaa
siaughtsr. Hhould a fllssgi ssmeai re
sult it le considered unlikely that OaV
m will svsr be brought la trial stasia
on tbls charge.
As tbe twelve man filed sag mt ths)
court with her husband's Ufa la lasts
bands. Mrs. Gibson gsssd at the reW
with glassy, frightened eyeg aad the
collapsed la her chair. The ordeal etas
mois tkaa shs could bear. Restoratives
were get for Bar asd aa
amid bursts of sobbing that
moved many eg tha onlookers.
Throughout the trial the
amman bad played her
in her last sltort to save tks life ef the
man who. according to wltnsssss, had
been untrue to her. Her aad aad ap
pealing eyes, framed ta a beautiful fee,
had never been eft the Jury. Tha bsSi
Imprsssian the Jurors uirrtsd with
to their deliberations eras af afra i
la sn attitude af mute
the unhappy woman's plan sad trhat to
thwart the Influence of bar prasssste.
In his charge hs referred to It aad Mrs.
Olbeon grew visibly agitated.
Mre. Qlbeon'a loyalty
during ths ordesl of waiting for a
diet, sue spent the night la
with her husband and remained hjr
alde all day. twills crowds
fgMdJJC Stout tag ,
o jaaT St Ska aasja ef BsxySaai W.
Jutt aad sndathktstr fa SVe
Us sail .
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