Newspaper Page Text
PAGES 13 TO 18.
?* MARCH 4, 1896.
WHAT WAS IX THE GLASSES.
T?:.: CONVICTION OF A SALOONKLEPKR
meri: SCSPiaON of a r ,;.:. ? OFFICRR HKLO ny
??? COVUT Or" APPEALS TO UE INSUFFI?
CIENT EVII'ENCE-OTHER CASES
Albany, March ?.? The Court of Appeals to-day
affirmed the dedalei, of the General Term revers
Irg conviction in the case of the People, appellant,
agi. James Owen?, a New-York saloonkeeper, who
a.is cinv cted of violating the excise law. In that
ae emposed for Bah at No. -W Etghth-ave.. New?
Tek City, on Buadajr, June IB laat. Intoxicating
DM opinion in the ca*e vas written by Jude?
(TBrien, and a!l the Judfea COQCUrrsd, The oiUy |
UrStlmoa) waa Klveo by John Taylor, a policeman, ?
who on tha tondas :r. question found the defend?
ant'? door locked and fnr?reil the place through a |
?vir.low. Owene was behind the bar with his apron
on and three other men were in front of the bar.
None of them were sworn Two glasses containing
a mall Quantity of liquor were on the bar. but the
officer was unable to ?-tate what It was. and it was
r.n: .e?-cr.tied ?a to color or otherwise, so as to en?
able the Court to make any finding ae to it? char
a ?*? r- So far as appears, the witness saw nothing
deliverer to any one ani saw no one drinking. The
b_rdcn of proof was upon the prosecution, and the
general rule ?u criminal cants 1s that where the fvl
_cr.~e is cir rtnnstanttal, the facts sirown must not
cr.ly ba cor.--.???? : aitfc and l'Olr.t to the guilt of the
dc:?!.-.ant, but must be inconsistent with his inr.o
The only proof in this ca.se. says Jud_e O'Brien,
consisted in the appearance which the :??.iceman
observed after ha It vu a
r.ratter of pure conjecture win lb r the small amount
of liquid ,n the glasses upon the bar waa intoxi
eating or of Buch a character sa is prohibited from
y the statute, du.?go O'Brien sa>.?: "The
ice:* and drcumsts rea proved in Bupport of the
Charge were SUaplclOUS, but suspicion is rot proof."
The court afflrtned the luigment of conviction and
eentence of deu'.li of Carl Feigenbaum, who mur
derei Juliana Hoffman, a widow, at No. ^44 Fast
Sixth-st.. New-Voik, on Friday. August 31, 1?M
The appeal was from a yadgmeat of the Court of
Cenerai Sessions of New-York sentencing the ap?
pellant to death, rendered on November 9, 1S94, by !
Recorder Smyth. Application will now be made by
Iba condemned mans counsel to Oovernor Morton
foi ? appointmeni of a committee to Inquire Into
hi? ?anity. His lawyer? have practically a<knowi
e,:?.?? i his guilt, but say that their client Is of un
Thi Court, all of tire Judges concurring, affirmed
1er ot the General Term, which reversed for
- of t!:e law the .iu,lament of tt.< Courl of
- ol New-Tori ? airalnst Caroline
Kr,itt on a verdict of manslaughter, flrsl degree, in
that she car.--? It tha Kern, by p?r?
it, rmlnc a criminal op< ?. '.er
The folios ?. lions were handed down
t bj ? ? ; ?
h H Bull icher against J. Cawthra & Co..
?? ?. appelltuit Order at?rmej, orlth costa, on
?. . low.
"liver M Arkenbur?h, against Robert H. Arken
burgh, appellant. ?
.in.i :..-?? New-York and Sea
???., ? IiHiir,? ? i ? Orni ai j. ... ..?.?
Jarvls, jr., agalnsi Manhattai
: .lu Igmi :.: a::.: me 1. with ? ai
? Animan _ Taylor Company, appellant,
? ;?:? .?.?. Ic ,i. Byrne. Appeal dismissed, with
.-'?es ?\' Bu?;.-, li. appellant, a_ain?t New
Lake Kr>? ?r. i western Railroad Company:
Mary Mennellley, aprellant, agalnsi Employer?
i. .tv Assurance Corporation, Limited. Judg?
ment reversed, new trial granted, costs to abide
Ferdinand W. Oeller, appellant, ceainst Frederick
W. Llttlefleld and another Judgmenl rever??-;!, new
tria] graaaod, cjs:s to abid the final award of
? ' .- 's.
The Han.->ver Nati r _ Bank, ' N<w-York,
against Am-r.car '.< k and Truct Company, ap?
pelltuit Judgment affirmed and Judgment abso?
lut??? ordered against defendant, wir h cost?.
Wash - ? ?uri another, appellant, against
American Central Insurance Company. Judgment
aril 'i ?. ? reed, new trial granted, costs to
abide the event
The 'Our. of Appeals calendar for to-morrow Is:
Nos. 4:3, Ci", L?OS, 4?>. ?OS, 414, 4*>j and 461.
MUST PAY NEARLY HALF A MILLION.
REPORT OF THE REFEREE IN THE AVERII.L
BI.RCTR ASPHALT SUIT.
The report of the referee In the suit brought by
"William W. Averli] for an accounting a_4?ns1 ?.
L. Barber and others was filed yesterday in the
office of the County Clerk. The suit involved the
r.frr.rs of the parties in tt,e asphalt patent, it was
found bv the referee that the defen lent should
pav the plaintiff ?-'??.>" with Interest from January.
l-??' amounting to H7i "? ".'. ??? >?? - the total
y, ? ? _
? VKRDICT AGAINST PAUL POTTER.
The trial of the Milt brought by William A. Me
C r.r.?'.; lur.iinut Paul M Botter, the playwright, to
recover ????.? for breach of contract and ?aoo for
mi.iiey lent, was resumed yesterday before Justice
McCarthy and a jury In l'art II. of the City i'ourt.
The first witness was A. ML Palmer, manager of
th?? (larden Theatre, who testified as to the duties
of a niariag'-r and an advas a : gent Maurice Min
ton testified that he had a conversation with fttc
Connell, In which the latter said that POUtW had
Written to him that he expt-ctei to g? t Mrs. Taran
Bea iena Interest? ? Bnai laOy in the play, "The
Fakir." i p had been unab'.e ro see her. This was
eewral ye^is asp. Paui Potter th?-n took the Maul
and denlel having I "en at any time the pro;?:.?'
of "The Fak:r' Hi - that, ;.. ?.?? w.i.?
Its author, he had inly seen the play ?.:, ??:.-. It
wae his intoni king of Mrs l'ara ?
?.ever.? Lorillard Spei ? ; ind Maurice Mintoti for
?he play ki, '?v, as "Thi Fakir" and "The .?-"mar?
B- ." i-ut later gave ; I
Counsel havim? summed r;r.. Justice McCarthj
:r. irged the urr. After an absei re of an hour
snd a half, the jurv returned a verdict tor McCon
r.eii for l./JM. which .: Interest on the Jl.'luO
sued ? r. _
WANTS ALIMONY FH?)M OLOOTT C. COLT.
A motion _ r alhx ny pending an action for di?
ver e was n_:''e before Justice MacLear. in Part
I of the Supreme CotUi yesterday by couri?'. for
Mr", fiollie Colt, w IfB cf ? ?Icott C. Colt. Mr?. Colt
was formerly known as Loi!!. Raymond. She was
sued some time ago for divorce, hut Justice Law?
rence dl.imlesed the action on the ground that the
%\ den? .? presented was the result of collusion
.-?e! for Mrs. Coll ?aid that his client had a
chi ? ?uipor:. was in a destitute condition and
wa? m danger of being ?en; !?. a cnarlty hospital.
Coun?ei for Colt said that th' evidence of collu
?ic:. eras r.ot BUfflclent to warrant a dismissal
of the original notion.
THE 8CPREMK DOUAT CALENDAR.
?Washington, March 3. -The day call In, the I'nlted
Btateg Supreme Court to-morrow will be as fol?
low? NOB BBS, (Ca6 and 687.. S, 801, Wi. M. Ml. 681.
IK. 110 and Vi. _ _
OOURT tULsWDARJ l'ift TO DAY.
sapellate i>iv_?,.n faipessa? l un Before van Brunt.
I .? I ,rr?:'. Iti.ms? y. WIHUm? SI '?..?.,.',"
_ssn opeo? _t l | m, ? ? 14. 15, IT, IS, 18 ?, U.
B). 44 U, us .',?. 82, ??; 88 ??'?? ?*, ?? .... ,,
Hup:.?: ? ?;,??. ml Term?Pert 1 Bel e Me -
L??:. j Motion ? ?!? ,i,,;e.l nt 11 ?. p?.
Swpreii^ Court >ie?? ml Terra Part II?U?tor? ne.x
__? j .? ..... ?? io ho ? m Es pane mature.
supreme court -, . I T< w ?>'????? II ***!?!. p___'
J- nona l'ivi- .?. Soi ?Hi, **?. 2\'i2 l'4.ii. BBS,
?41S, _Mi. _VT.r_. _uai?. ???Mh. 12118. Clear.
? , ,.r; .-,.. . Before D? y.
I.?Law and fiict: N ,:< 1.*.42 14'il;. K.74. 1?"S, 14..4. ISSI
H-??. HiT.i Cas? unnnl?li?d.
Bvwresa? Court- Special Term?l'art \ liefor? Kuesell.
J.- ? . .>.? t., i# ?. c II .?.?. Purl IV lor trial, ?-ear.
Mj;r-m? Court-S;.?< lui Term--l'alt VI?????? I_w
eaaoe. J.?<.'_u??? ie b? ?ent Cross i*i?rt iv ret trial. ( a???
6^p--mt- Court?Speclul Term -Perl VII- Hrfxre Iieai h,
J.?KlevHte. rallroa? <a.e?. riw* unnn:?fic<l.
Supieme Court?Special TBC? Patt Vili -AdJ'.urned for
? ? pei ?M Dual TllBl Term -l'ari ll--I4??",re r"ree,lm;in.
|_ I'.-rferr?? eau???: No?. MIO, .V.T.'., 441.1. "'.',??. 'IH.
T2st< :a?7, e*?*. Tun, net, ?**. t?4.1 bsss, tisi. 4"???'.
Ru; reme Court?Tri?! Term?P.iM IH?Before Ollder
Bleev? .? ? .? I8W1 1588, SUS, SUO, S1S4, MU. 1!>54, 7'.S.
issa Sss, 270 ?'a*?? saflaleSed.
tup?eme Osait?Trial Te m -Part IV?Bef?se Be0e>
?!.?. .r lau?.?? to be sent fixim Part III for trial ????
l-'Jpieii.e Court- Trial Term- Part V llrf,,re M< Adam.
J?Uau?e? lo be ?ent from l'art 111 for trial, riear.
Suprir.-iis Or/urt-Tr.iil Ti rtn Pati > 1 Before i'aly. ?'? ?
Cau?e? io be ?ent fr,>m 1'??? 111 tur trial fa?e unfln .tv/1.
Hupreme Coart?Tlial Term I'?rt VII?Befor? D?*fn>.
J ? ?? ___, 4.*,7:.. SS) SUA, _?v?,. 2fih7. ?m> ?MW, n?i4.
lui.?.. 1M7, kwj, .no .vra. inn ? ?:
f*uprt-m? Cour*?Trial Ter-r.- Pari Vili?befor* C.ie
f?ni h. J.?Cause? t.. t,e ?ent fr.,m l'ari \'ll f.,r nial. Ca*?
Buirrem* Court?Trial Term l'ait IX Uefor. IJI?choff
Ir J -<"?j??? lo be ?ent fr,,m Pati VII for trial. CBSS
l-'ULrem? Court-Trial Term-l'art X-Bef,,r>? Book?taver.
J?c?u?n to be ?ent from l'art VII tirr trial. Caa? un
Buprem? Court-Trial Tei?-l'art XI-A.lourned for
ttt? te, m
fiuprem* Ci,urt-Appei!ate T.-rm Adjourned for ih? term.
Burri*?te?? OOBBI Chamber? lief re G?????????, 8
?a U?>- i-ali-ndur. ?.Vili? 1er probat?i Anne II. Oden
5*ln?w, Kuni_unda l''.l?rer, John II. Haviland. Jo?lah O.
?*cy. Slenhiin u. French, at 11 i.'Ki a. m.. J, hn H. II.
"???las?. William B?r,dmore, at 2 ? m
e??**-SS*?1?'? Court?Trial Term?Uefor? Arnold. ?.?
*__ I?T7. win of Al?*and?r Melvlll?. at 10:30 a m.
?*????_??*?? Ooort?Trial Term?Before FlUgerald. bX?
N?. Il??, will of Jota H Havlland, at 10:1*. a. m.. No.
UM? will f John H Hnvlland, ?. Id??,', y m
<?,!>? .?..urt-Si.eclal Term-liefere Van Wyck C. J
op? m at 10 a. m Motlont nt 10 SB ? in
City Court Trial Term?Part l-Hef^;.. ODwyer J ?
*>..?>. V,,). -??,, ;,?,| ..vV... ,,.;0 Jjj ._,,,- ?,?,?, aV1
.!?'..'. ..".:.. t.:.?; ?.'?) .'('IT SSI? 2W2 v;.', ???-' . ?,; .,,- ., ,.,
1000. nt. EM. 2BB. TOO, 425. 871 810. Cbm anni
City Court- in,.: Terni Parti] Before Bchuchman, J.
N s. I. ... 1040 1038 818, 8180U 281 :.??. :? :'??, ?.?,
411'. T?4, B86. BB8, 877, l.ss. 2lf, |O08 1022 1082 1025
IO? 1??0, 1081, 1041, 1042, 1048, n.4? 80? Clear
City ? ?rl t?,,; Term Part ?II Before McCarthy, J.
? .?.? 1018, 008, BTl, <?72, m?, 744 el4o G)--> ??? -1S
71'.?. ?m,*.'?... 878 887, 7m>. su. m,l'. sut. 7tut' 8537 078 DSa
..'.??, 814. ? lea:?.
City Court?Trial Term-Part IV?Refer? Fltsalmont I
t rauM?: Npa 8488, 8780, .".m?. 8878 8S4? 88MJ
8548 8721?, ?.7.'.-,, :?774 8028 ;i7s.?,, 8804 8887 SKUtl ' w.j
BS18 883?, BBBBH. 8850, 8BB4, BBSS. Clear
n> Msrlrtsn. j
Dry r>y-k Saving? Institution v?. To?n-H?nry O
ivh?eier v?. Us?es MttaB r>?vi?
M?.rrl? v?. Kelly -Jo?eph J. Berry.
BUI 1er va ?i?rl<? .2 case?) ?Johii Rur?
Matter uf Belcher Jo?ph J Perry
Matt?r of Cmbretla Company -FV'or. McMaliOB.
Bv Hrekman. J
Kou?vrenhov*n v? Plauner -Loa!? L. Delafleld
Frr.lth v?. Bmlth?tarait I. Delafleid
Beekwlth v?. ?? eek*- -?"?eorge Bell
Smith va Hall?Pater B. Olney.
By Andrew?, J.
Matter of Mll!?-John E. Ward.
M;iiie?h*;mer v? Urun??John E. Ward.
By MicLean. J.
William S. Oniy ?? Scott Ice and Coal Company?John
By Be?km?ji, J.
Luk? A. Burke v?. Neil DnrBBBS Harry R. Farjecn
By An Hew?. J.
William W. Van TsiSB is Panal? l.e ? et al -Jam??
By Truax. J.
State Trust Company vs. Cis.no ClBlHStny FlBllkllll
MARQUETTE STATUE D?SPUTE.
NO ARRANGEMENTS MADE POR TIIF.
THE STATTE ATTT.ACTS MANY VISITORS TO TUR
CAPITOI,-HISTORT ?G THS PR. >."T.EDIN."1S
in ?ieoRcss mr unton ?at??pe?
WITH THE BTPECTS Of HII
Wnahinston, March ?.?The ?tatue of P?re Mir?
q'K-tte to-day, as on yesterday and Baturds)
Leen the contre of Inter, s? to visitors st the <i;?' I
Th? policeman in uniform wh 1 h.is bt ? guai ?
It recently ha* ???? ? removed, end the ssfet)
the statue I? n..w Intrusted t.. t;??.?? resular custodian
of Statuary Hall and t 1 a member of th? 1
p ?!! .? fores IB Citi* n"8 Clothes, It was d.
adrlsable t 1 remore tne uniform. 1 ; emai
presence beai la the ? ? p - ui re import
to It, an.l aurrounded It with m in ef Bennati ? .
than wa? thought advisable al t!.;? time. The po?
lice orti '. di ? ;? m tali aft. rno ? that oone of ti. .??
? nail) Dspected the statu. I hav.
been hear ? o mutter threati ?. ? I nd it
!.. ih veti by tnem that a thin 1 :? w
cltement arili die out, snd that the only Ii 1
It sill pos?t aa in future for strani ri m :
With rosari to ?he alleged sband nment of th?
serrlces at the unveiling of the status, Bei
i . aaya th? r,? never has been any arrant
for the nnvell.ng. When the proper time comet
Senator? Viifi? and Mitchell srtll m-k- appropriate
rrmnrk? on th? life and aervleei f th. II 11 Bul? ?
missionary who ha? been honored by th? ;???;??
the State they represent.
The original act ot Congress relative to th? erec.
tlon of statues In Statuary Hall, of the Capitol,
authorizes :!,?? Prosi li nt to Invite the Stat** u I ir?
nlsh ?tatu?? In either marble or brotts? of distin?
guished porsons who had been citizen? of ?uch
State?, tl)u?t rlciu? for hlntorle reasons, or di?
tli.K..!*hod for civic or military servia ? The stat ??
ni 0 :?. which the disputa ha? ar!.-;. ? was authorized
by the Stat*- of Wisconsin by an act of the l-???? ?
lai ire of *v-7. spproptinttns 118.008 for s stntus ot
Father Marquette. Nothing ama done in the ?
until after Mr. Vila* was elected to thi Bel
Um Llld Congresa Senator Mitchell, then a mem
her of the House, had Introduoed In that body a
Joint resolution provldlna inni Coi .uld u??
oept from the State of Wisconsin a statu? 1 : Mar?
quelle, thi resolution referring to him a.
faithful missionary." Thi? resolution passed Ih.
? oust and wa? sent to the Bern?t, ?there
held up for a yeai becaus? ol the l>< ef on the part
of some Senator? that It **a- Improper 01 1 ??
grounds that Marquette was not a citta 1
Btate whloh save the statua .'?r;.i that, to
extent a?. least, it did not comply ?Aith the </?
In the winter of 18S3 tha Leglalature of WIs. ?
passed s Joint resolution earnestly requesting ti.?
Wisconsin Senator? to escure tli?? pausa? .
resolution <>f acceptance. Under ?uch Inetructl
thi Senators from that State set a>td? their own
personal opinion? in the matter snd urged the adop?
tion of tl.-? resolutions. They reached Mr Vila
the Senni., ut bo late an houi that he war- on ? 1
.:?? their passas? on March I, I8M. during the
closing hours 01' Congress. They falle?] to r?t??
the tlgnature of the President on account ol the
mas? of legislative business wl.|. 1, reached him
within a few hours of the Constitutional perl
the dissolution of Congress.
During the extra session of the Lllll Congress
th. resolution? wen ut al ? presented, and p.
t;..? House <?? October II IBM. They went 1
Benate .n the .^a::.? day, snd weri agre. I I
! tne amendment tnat this s:atue war. to be
; ered its one of the two to which th?? State ?
; titled under the law. The President ?Ignei this
? joint p - . itlon, ?! ; rt b. ? 1 m. ... .?, thu
th? s h. tran? ictlon so far ;u- 1
? .- ? to ?! . w ??tu il it on'.y r. ili r the State
? of Wisconsin to pr?pare ani sel u tatu? it
.? - ? g] Il (ltly ?tat 1 on thi nooi t, Mr .1
1 ar. l Bubssquently bj Mr \'iia? :r.i\\ the purpose of
? the resolution was to ? pt th. -?,??..?? ,n g
!..au-' the law d;J not suthoriae : .: ?,??:::..-, a;
I Marquette wan not a citizen of Wisconsin, It w.i*
I araerted, however, that Marquette cam. wlthli
1 provision? of th? law for it.? reason thai he v.,..?
I Illustrious In hi?tx>nc achlevementi He ? as the
flret explortrr of the M.a?l??ippi Hiver and llrst
? a.*<ertsrried that It waa a ?trearn of magnitude
hearing relattons to the contour of the continent,
HI? exploration? ranged fiom near the bead-water?
to the territory which now form? the Btate of
Arkansas, and hi? Investigations led him to the
knowledge Of th? fact that tne ?tream enioi;e.i imo
the ocean on the Bouth.
Representative Untori, of Michigan, denies tha
report that he has withdrawn the rmolutions In?
troduced by him on Saturday last prole??..1,g
against the acceptance by the Government of the
statue. The resolution?, he say?, had the desired
affect of preventing the ?Tris?is.stirai ceremonies
In oonrecuon with the formai unveiling of the
s:atu?. He ha? been Informed, and he h*? reason
to believe, tint the Information is w?n founded,
that the Lez!?lature of Wisconsin will withdraw
the oiatu.r and replace It with one representing
??me of her k<ws who have won renown as ?:atcs
men or military h>-r <>??< Meanwhile the atatue will
remain in Statuary Hall until the Btate Legislature
i...i an opportunity U) act.
THE COVETS MAY HE IXY0EED.
fCiMMISPKiNERS OF CHARITIES I-O.V'T WANT TO
suri new CleOTHRS POR BVXRT PATTgOTT
RRCKIVatTJ AT THE MANHATTAN
Ax?l?tant Corporation Counsel OenrR? I. Sterline:
ma* tusy yesterday trying to d> v s.? ?orne wny by
which the Commissioner? of Charities might l.ei
able to evade paying for a new suit of clothing for
every Insane person committed to the Manhattan
State Hospital. He had talks with Dr. Klteh, repr??
?entlng the Comml??.onere: ?'larence W. Francis.
a lawyer, representing th?? Attorney-'leneral of the
State: a member of the State Comml??lon In Lunacy
In Albany and other person? who were Interested
In the subject Several of the conversations wen
carried on over a long-distance telephone, Mr. Ster
l.ng remaining In hi? office all the time.
I.ate In the afternoon Mr. Steri.ng said that It did
not look a? If the managers of the Manhattan Htate
Hospital 01 the members of the Stale Commission
In Lunacy or the Attorney-tleneral would consent
to any modification of the order by which th??
Commissioner? of char,t..? are directed to furnish
new clothing to all perron? committed to the hos?
pital, in such ? case Mr. Sterling Intitnat.-d that Be
might apply to the courts for a mandamus to com?
pel the manager? of the Manhattan State Hospital
!.. receive the .nsaiif persons who wer?? committed
without the new clothing. The application will be
made on the ground that the order is not/air to
this city, and therefore t-hould be modified.
The Commissioners of Charities ?tin declare that
thev ?hould not be obliged to furnish absolutely new
Hoi bins for all the patienta committed to the hos
nltal Such a reuu.rement might mean an addi
. tional expen?e of 08,*? a year to the city, they say.
t ha ..biect of the order Is to prevent the lntroduc
1 Son c,f cornasi??? disease? Into the hospital, but
in tIds city there are appliance, tor disinfecting
Hrih'nir and It Is. therefore, pos.lble to Bend
f! lent.' to the hoepltal. in old clothing without
atnser. Mr. Sterling may apply fur a mandamus
u THE EVENING POST* BEATEN
DAMAGES AGAINST IT IN A LIBEL SEIT.
JUDO! ??AU_VC_ FCORF.3 TIIF. PAPER AND SAT?
THAT ITS OFFER Tu PUBLISH A _*.???*
PROM ?/OIOHT WA? IN N" SENSE A
RETRACTION OF THE DEFAMA
? IRT ARTI! LE
Some time bko Albert Volght, a Chicago Inenr?
ance agent, obtained a Judgment for V.'?" ?n r" in''
numhi-rs In a libel anil against thi Evenlns Post
Publishing Company, of this city. ???? ?
libel u.is published in "The Evening Post," and In
substance declared thai Volght eras dismissed sa
agent at ?'Indaco of the American CaSUalt] In?
surance ani Seci'rlty Company, after tt.?? company
had obtain,?,] a Judgment sg >:!'"': bim for KJN, for
premiums collected and unaccounted .'or. ani further
that the conipan> could have prosecuted for theft
had it chi.sin to do BO. The defence alleged that
the ?tat?mente in the article were true a.? regarded
the Ameii tail Steam Holler Insurance Company,
and that an offe? had been made to Volght to pub
l!?h any proper Maternent In "The Post" upon the
subject of the charge?.
The Evening Post Company, after the Judgment
had been Obtained by Volghi, secured a writ of
error In the United Btatea Circuii Court of Apt* ils,
which was argueri at lenirti!, and uj?on which Judge
Wallace has just banded down a decisi m affirming
t?-.e j-.i igmeni
In his decision Judge Wallace fays there waa no
evidence upon ibe trial thai the plaintiff had :
to account lu any company for anj sums coll?
b) ?..?a, or that ? Ju Ign ent for ?.
? ver been G? . gainai blm, or ti u anj ? ":"
pan} bad ev? asserted thai be :.?i been dish
or that he had been disml ? ? b
tii? se tilings, if it wai
been ? e et
:..\ ? ompeteni :? ?tlmonj.
, U ll tervil * ? .?: , :
.? retraction of the libel, and protei led up ?*
grave mi? ? ine duty lacumUni
. ipei .,. bas .?:.; the sanction u' ?'
;,, _ deiamati rj erti li :?? ?:??? equal ?a:.
retraction Fron ibi ?? ?? , * ?? ?
persona -? appi im thai ihe off? of
;...? opinion ?ayi in ?ubatane?, eras made u r lb?
. ; an im| ? :. Ing tuli foi damas
1 .?..-.-?. ? .. ., .- ? ? ,
aitar ampia opportuni y had ?. ?
:?;?? in ?unie degree ti:,? w ; ? :.?< li ;..? .
? . '
Thi Isnguare of Chief Justice Nelson Is qu
f. i. iws: "A libi ?? pu ,? , :. Ins r
verteni.y a m
paper, and the ei 11 ??
?.:?:??? f, ?
..-??.. sitate? 1 l U 1
> one of pi
:? rmini I malli the | - ?
: ice toward
Al hi Iti? : the laa ?
e only ? ihe Jury, .
? w? ? . it the ?
COTTON MARKETS STEADIER.
BEGINNING . ? RE ? ? ER PROM THF. CI
FEVER LARGE HOUSE* BUI I
Cotton ? ? ? ' fi
lions yeetei ? . ti
potate hlghei \l ?? ,a\ Aus -'
.ii : si an ; y. ? ? ..? t ?. ??
. ? , ? ' ' '. , r-,
? . '? ? ?
c...m ??liberati ? ?: aras bai
rece?? ? faeton a : I
;'. ?? .
.? ? arai acari - en l he ? ai ' .??.
erar o ver Cu ba bet ween il ? ti . ? I
I ou t t ba t 8|
I ?? ?? ?ranted ft m Livi
if a war e I con
? b Rut
? ? ?
Ing oontract? it was ? ? ? ti ne :,n:
j ? ir thai tb? tr.i l< r .? ?> .-it In?
ri...- . Bwann A C bsd a good many mon Mai
n tra ? than there araa cotton availabli lo me.-r
ibem. A go ? : ?.a?.y ai
?? and settle, with th< , ?,? avlly
.I them. The situation :? more ..?.?.?! Uve
noe than il aras ????? Mai :.. wn-r, an enoi
pre? . ? the worl market Tb
?r?.,;, : be ? noi yet been ?
.- ? ? | : r : he surj
Mi intime ?. . m il ? . ime "? r r ? '.?? r <?? on.
? he ' . .;? ' oneumpttOn ol tl ? ? the bull?
tton are relylni ? ny ma
check. Bales Brere | ?. .'.. - m - st New
n .? ir,s at the ? ? I ind the export of
:. in satisfactory ? dumi The expoi
?? .-r?? ;t ?? ?' be ? - ? ????.; ? ' foi tl
of thi ?.?. ,?.. : ,.,? i.i en :j.:,i??j bal<
for tb ? days of lasl yeai it ha?
been ? I foreigners I ike the
'?ntlre 1,238,000 bales of avalla ; .:? ?
fr.,m now on the?, ari I ?till ???
than they to,k In?; year ft?,?p this r:n,?? on
if they take every bale of th? . ??. ihelr taking?
. for thu entire year arili t,e ?mailer than In anj y ???
for nina years, except the year of th?? Mg Man?
i-:-,e?ter strike, and only about lfVl.'WO baie? more.
than ti.^ look thai year
port recet?le were L&.OS0 bale?. .iRairirt i?.??! laat
year. Interior t.wr.s also ?h wed extremely Ughi
re elpts compared with la?t year, it i? ?\;
that the Interior stocka win ?Luv. a marked loe.?
New Orlean? sold t.000 bale? of ep-it cotton yes
?? ? lay; Memphis ?old 1,000 hale?: New-York n??
spinners), ???'/>. Norfolk, ?77. Savannah, 08; Mobile,
Sjo, and Augusta, e>;i
? Cotton haji now, within ? few week? almost. BUf?
fered a loss of over tw> cent? a pound This la a
l?nifie fall It in s Iosa or over half of the ? ?
cf last year, an.i orbile tha: ad u ? seemed a big
. yet ? wa? fron, ?" low ? depth .? relative!)
ii wiiK not large en.muh to .lusiify such a rea
as ha? occurred, more aapecially a? all th,; ?
that led tu t!:at rl*t ?till exist.
REGULATING THE BALE OF VEAL.
At the meeting of the Health B< ird yesterday af
terno : thi anltary code was amended so bs t,,
prohib?) the eai?- of veal from calves weighing l< ?
rortj five poui
The Board appointed .1 A. Deghnee. of N->. tl
Park-ave., ? .. ? ? I ml?) to su ? ? I I ?? I
.1 Lederle, s/ho aras made ,-hii-f chemist la ?
WILL HOT si RRENDER Miss JONES,
Oovernor Qriggs, ol New-Jereey, Informad theDts
; trlct-Attorney's ofll ?? resterday thai ba srould sol
grant requisition papera Is tba casa -if Miss All ? ?
Jonea arno la charged with forgery by bei form r
empi ,yer, .lohn B. Yat. ?. a manufacturer of arai ?
?-.- and Jewelry .it No 4?, Maiden Lane, thi? city.
Ml ? Jones lives r.i West Orange, ? J. hu? ?? a?
, .. I of forging the nume ()f .Mr. Yate? to a Che ??
for Ii?'?'' She wa? confidential Clerk for him for Be?
! eral year.?
THE MAYOR SOT TO REVIEW IT.
A delegation from the Convention of Irl?h Ro
' defies i-alleil upon the Mayor yesterday and ?iked
? him to review ifudr annual parade i.n March 17,
St. Patricks l?ay t?,?- delegation wa? headed by
Jasase J ? agger ty, chairman "f tbe CtuatialttM ef
Arrangements, and Mi Haggerty said to the Mayor
that be hoped be wa? not Indisposed this year a.? bs
was last and that t,? would fimi time ro review the
parade and attend the dinner In the e?. enlliK at
The Mayor said while he was feeling OJUlte w-11 nt
present be fell that his good health wa? due to
the fact thai he had kept In the house so much this
winter He hu 1? be would not run any risk, tliore
, fore, and could not review the paratie nor could
he attimi tbe recaption In tbe evening owing i" hi^
engagement to attend the banquet of the Knia-bis of
| St. Patrick OU th.- ?ame evening.
/ V7. RID ? ? ? II E H 1 RRA CKs.
Carson Miller, twenty-ftvc yeara uld, of Mo. W!
| East One-bun lr^l-an,l-foriy-?lxth-?t., who lu enxl
I neer in the Salvation Army Headquarters. No, 1
! West Kourteenth-at , wa? accidentally ?truck MS
Iterday wltn the elevator weight? In the b?llalo?;
and had hi? Jaw and no?e fractured. He was taken
to t>t_ Vincent's HosfltaL
MORI? CHANGES IX PROSPECT
THE CHARITIES COMMISSIONER! TO RE?
ORGANIZE THE HELLEVUE FORCE.
THEY J!EI.!E\'E THAT MANY ABEPES HAVE
OROWN up TRROCOH loose management.
AND THE RJEMOVAX? OF WARDEN
O'ltOI'IiKE IS ONLY THE BEGIN?
NING OF A THOROUGH CLEAN?
The Commissioners of Chanties yesterday mad.?
nr. n-w changea in the force of attendants at
Believue Hospital, but they are '.Ikely to make a
thorough reorganisation of the f,,r<-e within a few
weeks They nave received Information of ?o many
case? of Carelessness, hrutallty and extortion at
the hospital aa to leave no doubt that the abuses
were mide possible by loose management, negil
Benoe and collusion, and there will have to be a
? llcal reform in the Institution. President Croft,
In conversation with u. Tribune reporter yesterday,
"We nre .satisfied that there will have to be ?weep?
ing; reforms at Hellevue. All the Commissioners
??iKTee on that point. Mr. Faun? thought It would
ba best t ? k.ep Warden 0*Rourke In office and re
niove the gubordinates who have been cotiferr.efi In
the abuses of which we have received information.
The other im Commissioners thought It wa? b.iet
to begin at the head of the force. We have re?
vi; led Mr O'Rourke a* an honest man personally,
but he w is s (.art of t!.?? r. tten system which Tam?
many had established In the Institution, and when
he had t.?,.- opportunity to correct abuses with the
aid ..r a new Board he lid nothing."
ii ng the abuses of which the comm'sstoners
have recelvi ? Informati ? waa the colonization of
repeatei ? the basement of ths hospital
:? ? ?:- Vagrant ? were lodged and fed In the
the ele. Ilona an 1 were al?
io.\. | to ? nd rote, Last year tha ?
wat noi permltt. l to mu h entent, but Mr. cro?t
Bald yestei ? had no .lout.t that many of
t.':??.;? ?ere lodged and fed In the hospital
In :.?.. Inai >? u really :;u no business to be In th?.
ling m .' .
The Coi tiers have learned that mo?t exorhi
lant ..???? for servi es were n.a ;<? and allowed at
the !. pi tal ?:. ? It was learned that a
man bad eei allowed to charge SI apiece for photo
gru phi ol corpses at the Morgue, although the pho
i. KileI. in huh ar?? tax. ?
? ? - ipii e el?, ? hei el ' The ' 'om
. get ..? .1 Albert ?. White, the
M ?.?. . ?? ?, . iti??> in
ng lit?,, h ? \ ; .? ? ? he ir l that
. will irj ' real I
: la a veteran As to
??tre pa ??? . on Mon lay nlithi
b) th? Medical H Ho | Usi. object
? : .-. ? ? V, ..: :? ?. u U urki, Mr '
ng and bui icona of I be
? and ? urgery,
; .?.?. itteri ol man*
f the I not I ike th. ir
? - l have no doul
? ? . pple, who
ne o -
pltal were In dan?
? ? ? ? "om
.. .-ii...? U?ate
? ? u ,, ? den, b ?t Mi
11 had not
INI UBBIE --? S'DERLAXD CASE AGAIN,
? \ S RI : . ?" 1! U8RAS
? OR THE GIRI..
Tl Un rastel ol "alned from
? tho Buprei.'ourt, through
; , ? writ ol bal ana . ..? -
.. who : - In th. chnrge
get the girl
Bhe wa ?. ? .??:?? : of
ig h. : n?? ?- now in
girl was I
? yea ??
X 1 Ml 's OF HTRI I Is CB I \'GED.
FIFTY-NINTH, ' G? AND 1.1 ill I'll
a; ? ... i- iKK B. .1 rn.
\ ? ? rd of Alden
? ? G Central Park
Itosi red In tl ng. The
? iv. M\ rtle ai I
?. ?. ? Firld -??. t.. Park-ave II
. an ? Al lerm ... Hall Intro lu ed a ?
thi m< ?
befoi pelli ng the elevated road?
I . I of oli, aa
ged that ther. vidi
; ? ghting
lopted and a
\ , . read fi rtaln e:?:/.-?.? asking
iVeat Fourth ani
? PI ? be named ?
-, ? wat re?. ? ?
Park? .. ?? i
: not have b.
?red had \ ' ' man r?
? ?? : ? s hat had Ix um. ol thi two p
Th. re aras
e talk about the mal ter, bu G wa
MVXAWAYS CHARGED WITH FORGERY.
ii. Carroll, nineteen r< '!'i ' : '? ?nd F Un*
aell Lord, seventeei rears old, of Johnstown, ? Y.
v.-r? remanded until this mornini by Magistrate
< rane, In the centre Street Courl yesterday tnorn
nlng They a/ere arreeted Monday afternoon by
? Date, tlvea Mull irkey and Onlvtn, of the <>ak-?t. ?ta
? tloti. In Winter * OoetS*? bather store, at No IS?
Wllllam-st, on a chares of forgery, on Monday
morning they visited the itore and recjueeted Henry
J Smith, a clerk, to cash a ehecli for HI purporting
to have been di iwn by Thomaa Lord, th? futher of
on? of the boys on th?? Johnstown Bank. H?* BaM
them to return Inter, si : " ' rnphed Thomaa
Lord, whoa ?? thai the check was a fori: ry
. 'hen Inform? ? ? aptaln Thomp ?n, of the Oak?
s? atatlon. ... ii ?. ? Mullarkey srreated the boy*
when they returned in Loi G? pocket wa* found a
?..:., checkbook with twent) check? missine, snd
?..;,.. lieve thai ?th. ? ch. kt h? . ?? b. en ft
; I of b. twi ? ? Johl ?town ar I thi? cltj Lord
U ,.y ?,.,,( to I nd from thi re to . hlla
lelphla heir good lothe?
t..r ... : gained V '? but they
ther I ia.d
., - r in. ?, ?:..? ? li .??'.??- ?:. Il? liar? promised
IO . >.:.?? on lo pros.cut.? his I
THE BODY WEXTIFIED.
The bo.u of the man arho araa found dead on the
Third sve elevated railroad |usl south of the One
hundred and twenty Blnth ? itati .;. Monday Bight
wa? yesterday identified aa thai of Louis Patterson,
a Dorisi formerly of the tlrm of Hart ?? Paltersoti.
of N., lu West Thirlleth-st It I* bb 1 that Pat?
terson hud b-.n I'ni'kiiiK heavily, and must have
fallen fruii the platform to the tracks while wall?
ing for a train.
?I CARRIAGE RAKER'S S?ICIDM.
c.eorge Rupprecht, a ca/ilagn-ninker, twenty-six
year? .?id. oommlttsd suicide by shooting yesterday
in hi? room si No IU Rest Blghth-et. Me shot hlnv
. ., . ti i.r.-i.Ht and died In ? fe? min
hHAa?de.ponoeS ?-..use.,.? had no ateady
HO MIO SATE THI ST.
?., thought of a aale truel amlienclng ali tha
,,,??.,?,,?, of the United Btatea is entertntned by
the Monier Company, a. .??? '?> aUtementi Biade
?? the main offlc ... Brosdwsy reaterttoi ?hen dia
patches (torn Prevldenoa arereehowntheredeclar.nl
thni Joseph Banlsnn and othei promlnenl capitalists
!? Rhode island have entered Into a safe manu?
facturing comi.lnatlon which would control the out?
pu? under t?o- .ih.-ctioi, ..f th?? Moaler firm.
The only Incl.ient, It wa? explained, which might
have furnished ground for th,. rumor waa that
three stockholders in the Corllaa Safe Manufactur?
ing Compani bad for som? Urne been negotiating
for ?lock in th? Marvin-ll. rrtag-ttall concern, and,
it was asserted bad Just pnr.-hai.d s controlling
interest The?e Corlui? itockholderi are also lnter
este.1 ut the Monter Safe Company. Putting two
and two together the report of the safe combine
had been circulated.
THE "??? SPRING" A FAKE
ITS WATER NOTHING BUT DILUTED SEW?
AGE, THE CHEMIST SHOWS.
TUR HEALTH BOARD STEPS IN AND PROHIBITS
THE CSE OF THE STUFT, WHICH SO MANY
DELUDED PEOPLE HAVE TAKEN INTO
THEIR SYSTEMS IN THE HOPE
THAT IT WOULD CURE
There were walllng? ani lamentations yesterday
among the ignorant and superstitious persons who
ha ? deluded themselves with the hope that they
could be cured of real or Imaginary ills by drink
ins the water of the alleged "hot spring" In the
excavation at No. 324 Eaet Houston-.?t. A sanitary
pol.cemai. went to the excavation and put up a
larse placard, on which was written. In large let?
ters, the warning:
THE WATER IN THIS WELL 13
POLLUTED ?\1?? SEWAGE. ITS
USE IS PROHIBITED.
By Tder ef the B.ard of Health.
rilAKLES O. vVILSOK. President.
EMMUNS UI.ARK. Secretary.
Many of the people who were able to read the
warning grumbled because they were not permitted
to drink ?r.wage water, it would be Impossible to
guess how many people In the cltv would take pol?
sini into their stomachs In the face of such a warn?
ing, so ready are they to try new nostrums In the
hope that they may contain healing properties.
There was. no doubt about the presence of poison
in the water bubbling from the ground In the ex?
cavation in Houston-St. Chief Inspector Edward
W .Martin, of the Health Department, had talon a
sample <>f the water for analysis and had submitted
it tu Dr. Ernest J. Laderle, th?? Department chemist,
and yesterday Dr. Lederle reported the result in this
Results expressed in part?
by w^ikI.i In 100,000,
App.arari e.Ven turbid
Odoi (heat??] to 100 degreea Fahr.,. Stale
Uhlul-ll)? In chloride?. 81.81
I"- i ? ? i!em to ? uium chlotld?. SB 88
I'iioaphatai ..Str.ru; I
Nit rogali in Nitrite?.. 0 ?'.".
Nitrogen in Nitrate?. 2 .'?tit
Pie.? ammonta . _t
A.' mlnold imo r.'.a. mi
Harun??? equivalent to ? B?for? boiling. 1* '.'l"T
at? ? ;::,.?? ' After i..:iing. 1&.8VG7
Organ ?r..; volatile (loss on ignition) . _t.li
V.r.-mi matter won volatile) .108.2
1 .tal ?ollU ., ? evaporation) . ini 4
'Lei ; .'. tea . _.?_
Ren arica: Temperatur? at outlet <i ,1-???? F.
TM? ?ampi? ??! ?-?'.'? \* g. -- . , .in.it?>! with
an 1 i? rnrir??;?. - for
purpoeea ERNEST J LEDERLE, chemist
It. Lederla Bald to a Tribuno reporter In the I
afternoon: "We have examined the ?rater from
j many w> ?is In this city, and in every ease we ; tve
? . the ?rater contaminati ? ?ritti sewage. Boms
' .,f the wella are artesian ?relis, with a depth
I feet. The contamination la easily accounted for.
The ro k strata of the Isla .1 li .-: ;?:;...?. ,,r parpen?
r, Instead il being horizontal, and for that ?
. the ? ?rage is bound '<> sink, on account <jf
tie gen : '?. lamination uf ai; well water in the
built-up parts of the city, the Hoard of Health
made the amendment to the Sanitary Code by
will? h the use of well wat"r Is prohibited except by
special permita In case? where permits are isbued
r:..? watir is not used for drh.kir.g purposes, but
only f.ir washing."
Th? section of the Fanitary Cde to which Mr.
reft rred reads as follow?:
Water fr^,m well? In the city of New-York shall
? ? used for drink In any tenement or lodging
h c..|. manu fa rtory or buildings lr.
~ ar,? living ',r employed, r m which there
restaurants or saloons, except under
and imrmant to the conditions of a permit in writ?
ing .rom the Hoard of Health.
C lef Irapector Martin, after receiving Mr. Led?
erle? re?iort of the analysis ,,f ti.e water from the
Houaton-Bt "hot spring," made this report to the
Hea :h Board:
? ?? water :n question Is diluted sewage, the use
,.' which for iom atlc purposes would be dangerous
. : i.? ? would respectfully recommend
t tl u? ol this water : r I >m< 'tic ? u
bo prohibited. EDWARD W, MART?N,
There ?Till be no more drinking at the "hot
? :. tuse thi ; dice nrtll see that t.-.e or
? ?- if tu. Health Board ar- carried out Bven If
?rant I Irlnk "diluted sewagi
a .. ;. iva tu refrain. Mr. :.? lid yeaterdaj
that the aat r bubbling up In the excavation
ill- ? hoi ? nly In s? vere c il l ? ?
1?.. he i ? ? loubl thai ?ti am ?? ? mewhere irr
ri I kept tl ground warm < nough to
? peral in t eighty-three decrees to the
KILLED H Y A FALL.
A BOOKKEEPER TUMBLES ntOM A PIRE-ESCAPE
AM? MUS IN A HOSPITAL?.
Ctuudea Eble, a bookkeeper In Peter Doetger'i
brewery, was killed yeeterday morning by falling
from tl ' trth-floor lire-escape of hie home, a;
? M2 Baal i-'ifiy-sixth-?; He was ftfty-four
years old, and leaves a ? low ar; ? Sve children.
li went oui on the tir??-.- ?ape ah iul 7 o'clock yes?
terday morning an! tried t< free a clothesline which
had (Tosen during the night. The line was stiff.
and he was tugging at it to loosen it.
His d.i.; hter called to him not to bother with It,
hut !.,? k< p: it it until suddenly the ? bi ke; he
l st his balance, and fell over the fire-escape Into
the yard lie w.,s picked up and taken to Blower
Hospital, where he died --"in after h;s admission.
_ Captain Btetnkampf, of the Basi Blfty
- in the house where Eble
?.?.?- killed. M?? was borne when the accident oc
, urred, and assisted in removing the man u> the
STOLE FROM THE ? AC LISTS' CHURCH.
TOOK A Rf? FROM IN FRONT OF THE ALTAR?
THE THIEF CA?OHT.
W?ille? a number of people were engaged ;n prayer
In the Church .,f the Paullst Fathers, Fifty-nlnth
?t and ("olumbus-ave , last Thursday, a young,
well-dressed man walked down the main aisle.
opened the gate and went behind 0M rail. He
walked up the ?tepe directly In front of the altar,
and took a rug valued at $!??">. folded It up and
calmly walked out of the church. Several clergy?
men were in the church at? the time hearing con?
fessions The worshippers, thinking the man war?
the sexton, paid no especial aitentlon to him. The
robbery was discovered a short time afterward
by th- sexton, and he reported (he fa,-t to the
Wee*. S.xty-elghth-st station. Detective Lang die
covered ri.e rug In a psarnshop ovvnel by a man
: ,?:.? i Oentsltnger, at Tenth-ave end rtlxty-fourth
Bi I in Mori lay afternoon a ?aloonk-eper of So.
128 Blxth st came to the pawnshop with a
ticket for rh?? rug Detective I-an?; was in the
place at the time and he questioned him a
It. Th?? saloonkeeper said that a man named John
Leon,ni had sold the ticket to him for $1
lie'.-tiv,? Lang placed the saloonkeeper in ,-us
tody m l inter arrested Leonsrd at the Oree! Nor?
th? m n??:. :. ? , ?? Bowery.
In Yorkvllle <'..urt Leonard was remanded for
examina : I in this montine
Th- saloonkeeper was slk we.i to go after he had
given directions for Unding Leonard.
A8TR0LOQY TO SOLVE A MYSTERY.
Assistant District-Attorney Oliver, who has
charge of the Investigation of the death of Pro?
fessor Max Eglau at the Deaf and Dumb Insti?
tute, at Ivexlngton-ave. and S'xty-?evcnth-st., three
we. he ago, received the following letter yesterday:
Kindly call at your conven enee and I will ex?
plain a few startling conclusion? arrived at bv the
Bclence of astrology as applied to the Professor
Max Bglau htis'.neas.
Having studied this ?elenca for twelve vears and
applied It to a number of criminal cases, 1 have
found that It is must reliable for giving informa?
Shall be glad to see you at any time convenient
to you, feeling that my suggestions will aid you.
I remain your? trulv, T. HACKE.
No. 21R West Twenty-eecond-st.
MUST PAY M'KINLEY DUTIES.
The decision of the I'nlted States Circuit Court
j for the Northern District of California in the cane
of the Hank of California will dispose of over one
hundred suits against the Government originating
at the Port of New-York, and will add about 11.000,000
to the National revenues
The bank loaned money to the Oregon and Cali?
fornia Hallroad on eteel rail? It had lmpo, ted. The
road defaulted In payments to the bank, and the
rail? remained In bond. The court decided that
?merchandise remaining In bo>nd, d warehouses
more than three years must pay the rate of duty
to which It would have been subjected had It been
withdrawn on the last day of the bunded period."
Accordingly duty on the rails must be paid under
the McKinley law, instead of the Oorraao-Wlleoo
KILLED BY II1S BROTHER.
FLETCHER HAIGHT. EIGHT TEARS OLD,
ACCIDENTALLY SHOT IN ASTORIA.
A LOADED SHOTOVN HAU BEEN ?G? IN TKB
KOOM. AN*D THE ELDER BOY WAP TARRY!*?"??
IT TO THE BEDSIDE WHEN IT WENT
A pathetic shooting acclden? occurred at about
9 o'clock on Monday night, when Fletcher Har?
per Halght, eight years old. the son of Theo?
dore Halght. was ?hot and kill??'! by a load 0#
buckshot from a gun in the hands of his brother
Theodor??, who is fouiteen years old. The sad
affair occurred at the home of the Halght
family, at No. 64 Kenisen-ave., Astoria.
An hour before, Mr. Halght summoned the
policeman doing duty on that post, and told
him that on the night previous burglars had
attempted to enter his house, and had it not
been for the noise made by his watchdog the
men would certainly have got In the house.
As It was, they cut a large piece from the plate
glass window with the aid of a diamond, and
had ever>'thing in readiness to enter when they
were frightened away by the dog.
After Mr. Halght had made his report to th?
policeman he returned to his house, and, secur?
ing the firearms he kept in the place, cleaned
them and had them loaded, to use in case the
burglars should return. One of the weapons
was a double-barrelled shotgun. This wae
placed in the rear ro.,m on the second etory,
which 1? occupied bj. tne two boys as a sleeping
Shortly before 9 o'clock the little boys pre
l i- 1 to retire, and, bltMIng their parente good?
night, they went upstairs to their bedroom.
Fletcher was first to get Into bed, and Theo?
dore was about to follow his brother when he
thought that it would be a good plan to have
the gun close it hand In case the burglars
should make a second visit to the house during
the night. He went to th?? corner where the
gun was standing and carried it to the bed
al le, where, by some unknown accident, the
hammer was releneed and the charg.? of buck?
shot entered the body of litt:- Fletcher.
The parente of the boys were startled by th?
report and hastened to the boys' room, to find
Fletcher dying. Theodore wag so excited that
:.?? could make no statement . f how the acci?
dent Lapp? ned. An examination of th?? body of
the dead child dir' losed that th- shot had en
t ? ???? the Ii ft sil?? of the abdomen, making a
terrible ?round, which caused almost lnstan
tan. oua death.
Th?? affair was not reported to the Coroner or
to the police until yesterday m .rning. As soon
as word ..f th.? shooting waa received by Coroaat
Strong he went to the Halght bouse and, ?urn
monlng ? jury, made an Investigation of the
case. Theodore was taken to th.? First Pre?
cinct Polle* Station? and was later allowed to
go to his home In charge of an officer.
The police and Coroner have no other idea
than that the affair was ? urely accidental, and
Theodore was arrested simply as a matter of
Th.? Halghta nre among the most prominent
?? pie of that part of As- .ria known as MTh?
Hill." They ar,? h< artbroken over the accident
whi.-h deprived them of their youngest hoy.
The date of the Coroner*? Inquest has sot b*en
arranged, but will tak>? place at an early day,
and will probably be merely of a formal char?
FIRE IXSERAXCE LLOYDS.
AN INVESTIGATION IN PROORRSS OF SOME OF THS
There ha? been talk among Insurance men In the
clfy lately about a movement which Is on foot to
begin criminal procedures against a number of
minor flre Insurance Lloyds which have been or
Baniaed fraudulently in various parts of the State.
It is well known that there ar.? a r umber of flre
Insurance Lloyd? which have txen nega nt sail w;th
?? i;:.d Qnanclal hacking and are abi< to give safe
insurance to people-? It Is understood that OovCfBBBr
M ?ton and other men of large wealth In the State
:? I :r. -?? ? of *:.?? . ? tv?? !.'..> !.?
At the ?sine time it i? kr.own to insurance men
that thir?? are ?evera! small flre insurance Lloyd?
which have been organised without the ae essary
' to pay possible lanata, and they are es
tentlally fraudulent concerns, the rollane? of which
I from time to time would injure the insurance bu?i
:.. -- 1 j breeding! distrust at the expense of the
]': m the talk in :iie city it is to b.? believed that
?tepe .ire to be taken to hav?? son?.?? of the man
... ?ra of th.? fraudulently organised Lloyd? indicted
! and brought to trial h order t ..it their methods
: may b# made public and Innocent people prevented
I from lein.? swiu.il.? I. To thi? er. i. It i? said, the at
I tentlon of Bup? ntei leni Pierce, of th.? State In?
1 ?ur.u.ce Department has been called to ?ome of the
Lloyds, and un Investigation I? alrea.iy In progresa
LOCAL MC8INE88 COMPLICATIONS,
ROW KEIL BCRtMSB AND HIS WIFE LOST THEIR
Harry R. Firjeon has been appointed receiver in
supplementary proceed an for th? property of Nell
Burgess, th.? Bitter, a::i also for hi? wife??, by
Ju.-tice Beekman, <>f the BupreaM Court, on the
a.on of BlumensteU ft tUraeh, representing
Luke A Burke & Co.. creditor?, for J12.J4S. Ths
? aamlnati >n of the defendant disclosed the fact
thai they have M property now. They ?aid they
never meda a gres) leal of money until Mr. Bur
gsea male a success of "The County Fair." As
fast as they made money on this play th-y put It
In an apartment-house, at Elghty-second-M. ani
Central Park West, until the amount of cash In?
vested reached 193.000. The property wa? in the
I name of Mrs. Uurg-.'s?. Later on they mortgaged
? It for $50.000, all of which they say was '.ost in con
I tracts to buy a church property In Thirty-fourth-et.,
? between Sixth and Seventh aves., nnd on the road
j company. More losses were made In the t?tar
: Theatre, to secure th.? ca*e and rent of whl~h Mra
| rturgese gave a mortgage for ?53.000 on the Eiahty
aecond-Bt property to Theodore Moss. The prop?
erty was ?conveyed by Mrs. Burgee? to Mr? Ana
? Stoddart. her mother, on November 26 last.
The sheriff vest ?r lay took charge of th* office
at No. 26 Cort.andt-st., of the Hot Springs Medical
\ Company, of this city and of Hot Spring?, Ark., on
claim? in favor of Theodore A. Havemeyer, for
FJBJ and Robert Ga'.r for %2.<M). The company was
incorporated under Virginia law? on July 17. leSM,
with a capital stock of (JOB, SI to bottle ar.d ?ell
the waters of the Hot Springs and alto a medical
preparation with the water. W. H. Chew, the vice
I.?.- lent, said yesterday that the cause of the
company*? trouble was that a man who bought
$100,009 of the preferred stock of the company and
was to pay for It at the rate of SO.**) a month, had
?topped paying ,n the cash, and this upeet all ar
rangemenu which had been made on the ?trength
of this capita'., and the company had become
temporarily embarrassed. He said that plan? were
under way for a reorganization of the company
I with fresh capital. The .labtlltle? are about R?JH?
\ and the assets $22,000.
Frazee & Co. hay and straw commi??ion mer?
I chants at So. 601 VVeet Thlrty-third-st.. ?aid to bo
! among the largeet receive/? of hay In thi? market,
made an assignment yesterday to Ch&r'.e? Phlllg
' Katton. of No. Mt Broadway, without preferenca
I The partner? are Jonathan A. and William T.
Kra7.ee, father and ?on, both of whom Uve at
Tonkera The? have been in bueines* fifteen years
and were reputed to have a canltal of $76.000 to?
$100 .MX). Their assignment I? attributed to their re?
lation? with the old Durland Riding Academy
Company, against which 'he firm is reported to
have a e'.a'm of $50.000. The llabllltlea of the firm
are not definitely known yet, ae a large part is
contingent, but the nominal assets are estimated,
at more than fcjO.iOO.
Judite Truax, of the Supreme Court, yesterday
appointed Franklin Bien receiver of the property of
i the Cuaino Company, at Broadway ani Thirty
ninth-el . in the suit brought by the St ite Trust
? Company a? trustee for the bondholders, with
? power to take proceedings to redeem the property
! from which the company has been dlspjsseseed.
I IMAGINES HE OWES THE UNITED STATES.
j On the application of Mr?. Annie Slegman, of No,
1 116 East One-luindr?*d-and-sevetite.iith-st., Justice
j Beekman, of the Supreme Court, appointed David
? B. Ogden, a lawyer, and John B. Oibbs, a physician,
It..-, a committee to lncjuire into the mental condition
of her husband, Moses. He le confined In the Cen?
tral ineane Asylum at Isllp. Long Island, and
lmagH,ea b.e owns the United Stfttea*