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title: 'New-York tribune. (New York [N.Y.]) 1866-1924, April 21, 1910, Image 1',
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0 WHEELERS ID
SKIE6 ON THE STAND
Stoical as They Dc
s lie Events That Led to
00 FOUND IN DEAD HAND
|ofcl of Slayer Were Clutched
in Victim's Fing-crs — Girl
Was Alive When Put in
Pr J*V" P Huntmston. rrofr^sor of
gpjtprr- p- •■.•lnmbia. ••^TJn>d In the
' Sessions yesterday «t
.y. trisi ef Albert W bolter, chirped
gagj the murder of Ruth A. \\*herler.
. • hr found iocked in her left hand
%tgr» ft hslr which had been torn from
of hrr slayer. r>r. Philip
(vUbbVwi. the Coroner*' ph>-»ictan. teeti
*.-^ that the «rirl. v ho disappeared frcm
w horr' n r March J4. »m placed alive
a fireplace In the rooms which were
• r$ by Wolter and that her death
vtr f-ausrd b> asphyxiation and incin
Frank Mt* tn<^ Assistant District At
t.irwy. knitted SBBBther the bits of the
r;rf ynirtaiit::i! rvidence to show that
V\ 'ii'tT s- r.t to the Merrhajits and Bank
rr? Bus-ne^» School for a stenographer.
„ • • at the body of Ruth Wheeler, who
j-irveretl t) ' 'all. was found on the fire
.-"■tp*" eu:si!e his rooms at No. 'J24
Txtl JSSKt atFBSL The plan of Wolter's
t*\*-t to fhow that Ruth Wheeler was
■'or. nr.« :i»»d by her two fisters.
nrfl Arielaide. who identified her
»:p:i«»t r!nf. which as found in the
of the fireplace where the girl's
sa; ra r ''' 4\e«trrr> - eo . and other
gMssT f i>d not display the Flight e^t
' .- ; he»ji|on when the prosecu
■ ■ gftowed -lie prewT» ( .me eatdhtts' with
«hi'"?i it expert? to complete the cans
atairr > •■ He fn> *<\ Pearl AVrierler
tf €t» txU °f her visit to his apartment
1r w«rrh o' her Ulster, nd how finally
-•-. r- p* h.:m with arrest after he
!;i<! insisted her. He nat unmoved as
• I • • ■► • • » eld up the charred hand
r' th'' Bsvuaaaf Bin.
m Held in Girl's Hand.
"A dosto moderately lung hairs mere
dttdwd in that hand." said Professor
Hunttijror Then, as if to Impress the
BBSS' BJ the courtroom, he waited until
M' M"»s asked him if he had compared
: ' halr« w;th those which wore found
rr •(•« sJ ." of Ruth TVheelrr. In an al
tanst Inaurtible voice he. said he had.
'They did not bei.->ne to the same per
«rr. A microscopic examination showed
■ X .at Ibe hair In the left hand did not
"Inn* fee xhr victim." said Or. Huntinp
wr.. S5 he leaned forward from the wit
A?b»-t Wolter had Havener Intently to
U» te»t:m«ajr which was si yon carUrr
a the afternoon by Professor John H.
lartlti. of <"olumbia T"niverj=ny. who
did that he 1 .aij found evidence* of an
«:h« crime during the examination of
Sath Wheeler* body Wolt»r al»=o
|pjja] the expert opinion sjhaaa by Dr.
-• ho sahf that there was no
«ouM -■• • the cause of Ruth Wheeler's
v • had boon rtmrigled. hi t**-
W"<l ard then the body was placed hi a
, w-r Urn Dial IMnr of iv m
- n sorbs] onL Wt. s^^tt. BMBat^i
"■•jmw:. Mat to Fhake this evidence, but
• • . •i r fVHanlon.
P'*' Wheeler Las* Witness.
■ pi •'.>rr>r. the older F^gt" of Ruth.
♦1» *h» ',»yt V •-r -- ?ho rort^ront^o 1
- ( -r. ■, ' ■ ■ . Slie mil Of her pis
r ■- c»t work and how phe
' • -> be sent feS a BBM I
■ "::■ v 31 That nomine. BOOBVtfIBC
■ ■■ r . ■ , r - T «h Irft home F h..r'l--
Hhr \\*>ni to the Her*
■ .■:.-: T'.iiPineKT College.
W..ltr-r. rtrtw in 'Vie
■ • • k SSI Basi T."-th BtneJ
• 8%88 1 OBOBfI ther* In
* .' f ttjer."" bsM Iba a4tsjasßj
■■;:• • ■ ;ns"n(T
• t ■ BJBtH M'lell'-r OBCCH4 *'" r
I r-SV-r<l |f Wolter IH**d ther«. | ■ ?
* • -,-,vi frrvm hi* l»ec) I o
•tat hr hnd
■ i Hlai BTbai ■ ■
•""■ i i loakafl onier the i>ed
. . • <.. ■ Dj ',:,-T CM Bel sfIVV
• . |f o« Her only hM fei d
• , ... ->•< ,- ,:.„..
'■ tS9 : '••■'! !7.l«rht Jill'
■ r).,.,t T hSVej BB ofli. er
RSJBjSi • ••
Tim Has "wifr Mentfaed > "o, v
hi-^i. tfomilßl t the te<«llm"m given
' • ItOßd t'i. J.-»Ti'tor of
;1 >» bOBV t I .-..■- ri'ie in the
Pow»«f <•• r,' » ..;.,. r t<i ,r ),f BBBf lav
-••••-.'•. ,i in n low t-.ti"
'•-■ €.;. . . ; -
. r Bsatar Wolter
• ■ OB thr )i;i Bfj he^.|
: •• i •...-: \\ • r< i<r s
■ bbn. Ml ba bm '
*" c . MBSBi bafSßsvanes
■asojcre to Mr Haas's
■imuet lOn Bboots in
• ' tns < sßrtflnacß. The
■ with oandke*--
Bsobb, iiM«-ned assart] to
■ | t..ld they
:i« th» \,:k trunk which
• . • . proaai Ulan I ■ xiut.-iis brss
i haM op ■■ Dri,i.r< Ba. Be
* Af S Vit^ Vhf*|»r 1f vhf h.<<' :K»n It
■ d'fl : czw \' to mv Hfiter riwth for
ri "!f'rr«yv r ". j, ..^« gjgi i»..rr-ml.er."
' '','' " ' ' ' • * . \« !•■» ff'!7l'''i to be r,ry
* ** r *' 1 • ' ''sj«*.
"'->"" i«.<>.ap- rm [JfieO Bnea ttM
:■.'■: \f -
"rT.«»d 'he 801 H '
.. ] "*■ •••>•.. • n h"r r-en
; ' • TJju: • tiji -| jniso
/ ' tt.-.i t-. «:j'.h e|BjM >c«tb
? ;?ret . ng." •■ ••
m ••* n r,!<J rlcg v.lth the init.^lx
A v, • BBjefbad <:i '.'* nasl v.a»
■aasaani *>tt <>n<l pans,
Vl r-'*DEI«Ar -'*DEI«A OR &HEBRY WINES
I! . . ' . . . ■ M*'Jr!ra afti
- i t ' ■ k Fulloa Bt, XI
T»-*«j. affimrara. \F\V \(WM\ Til IMUV
ARCHITECT'S STRANGE FALL
Found in Rear of Tenement with
Kmillo de Marco, « young architect, of
N«. 504 West !Fil»th ptreet. was found hi
the rear of ■ tenement house, *t No. 1440
T^arlt avenue, Uipt night, with a fractured
Bhnh\ and the police are tr>-ing SB learn
how he received his Injury. He was
.lust confirms when Patrolman Hagan.
of the East Jo4th street station, was
called in. and he murmured something
whirh the patrolman took for a state
ment that he had fallen from the roof;
then he, lapsed Into coma-
He was taken to Harlem Hospital by
IV. Elliott in » critical condition. Nei
ther John Hell, of No. :« r.a?t lOfith
"treet. a friend of TV- Marco, nor the
latter> brother )x>ul!=. of No. M>4 W*est
l!>J>th street, could suggest any reason
for the injured youth's presence on the
roof of the Park avenue tenement house,
nn- could the police find any one who
had Feen him on the roof.
PERSCH JURY DISMISSED
And Lawyer Rages Because
Court Clerk Gave the Word.
The jury in the trial of lv»nuld persch
was dismissed last night after it re
ported, that 1t could not agree upon a
verdict at the end of nearly eleven
hours' deiiiwation. John F. Mclntirre.
of counsel for Perach. announced that
he would oppose another trial of his
client because Justice Marcus was not
present and the Jury was dismissed by
Oerk Penney, although he announced
that it was by order of the court.
*I shall apply in the morning for a
writ of habeas corpus and fight the case
to the highest court," said Mr Mclntyre.
"The court has no right to delegate Its
power to dismiss a jury any more than
it can delearate Its other powers."
"Hy order of the court" aluo Mr. Pen
ney remanded Persch to the Tombs.
- the dismissal the jurors said that
en the first ballot they stood [i to | for
Tion. but that the laet vote was
Assistant District Attorney Nott said
;stice Marcus's pr.»cedure was cus
tomary up the mate, where the judge
often delegated to a sheriff the power to
dipmisp a jury-
.Tohn F. Sherwood, one of the men in
dicted in connection with the Heinze
copper loan matter, was with Mr. KaM
yesterday. It was reported that Mr.
Nott was preparing evidence which came
Into his possession during Person's trial
for presentation to the grand Jury.
MOUNT M'KINLEY MAGNET
Two More Expeditions Under
Way: Third Talked Of.
Seattle, April '_'•» — The open sea- for
climbing Mount IfcKlnk 5 seems to be in
full Mast. One Alaska par*, has re
jvirted a successful climb to the peak,
two other expeditions are under way and
a third is talked of.
The revenue cutter Tahoma will sail
for Bering Re* next •week with an ex
pedition organized by New York anu
Portland newspapers. The party is com -
IkjimmJ of c K. Rusk, of d elan. Wash . »
flrer.lopist ; two rangers and ■ photog
rapher. Professor Herschel <". Parker.
of New York, i? expected to arrive on
April _•; |c witness the launching of the.
i.r.ai that is to carr> his Mount hTcKbl
lr>\ exj^dition up the c 'tna River. H«»
plains to follow Dr. f'ook's route.
The third party talked of is backed by
JCew York men who wi«h to enlist Seat
tle mountain climbers. The two rxp^'li
tions wlreadv under am] will approach
the r»untain fr«nn the m-.*.. The Fair
banfeS ' >l-e<l ; tion. -nhLh r. a«~hed the
summit <-n AjTil .". v.mi i,j, the north
THREE FISHERMEN LOST
Three Others Saved from Upset
Pound Boat at Anglesea.
;n-. t> T ■-»;■ •'• f blMbbm I
Vnglrse,-). •. J.. April _*<» !-trH-it,g B
be.r.v <*<a . tlfel gov<rnment efCSf of th*
Uajieaea i-if< - '^;i\-iTig station, oentnasnd
ai \<y ''."I'll':) l,udh»m. »b«ijt .". oVl,»ck
CbJe sftwrneon dtove inHr i;fei>oat to
,' - t .,j. of n rapsir.ed pound bAnt
f »h» Oeeaa Plan Oempany -md rf%.
..)•<! i|.r«--, of the rre** a ■who v err .-line
Ine lo the «irle of td" tirrt'irned Im.hl. 3!
Mont exhausted .-ni<i BWttbed
Thrr* Ofber BMBObm of th' -rr-' BS 1
Vi« ii !»•.• < ;it 'ruTi: th< i>o;«t an.; drowned.
Their BBOM BEVi not ki»n re ( o V er»».i
T!" SMBB BBSI a • hnngr in th' ' urrr-nts
' le;iillTig iT'to the baM drove the |.nat on
to the bar.
Th> men drowned f-ere < - ajit:i:n I'rank
ToTiij.kin 1 -. Willis Murphy and .lovej.h
Rjead The thrpr rr-^.-ijrfl men fl'ro '. -
I «h diffl"!lt\ by T»r. Margaret
'. M»tir, but are jstill in a critical condi
FORTY BURIED IN MINE
Trapped by Explosion in Ala
tvnningham. Ala. April 2<» Ahout
r-.ii\ BJMI ;< r «- «m<>miU<| in tlie Mil lea
BJtaa 8f the Hirni'Tiglinm < '..ai and Iron
<, • ;i.-in> as " |O result r,f ;1 n esntastoa
1. i ghi. Their fate i« T ,,>t known.
Thr esptesion brm ef *u«h for«-e that
the flames shot to :i cr«;it height from
the mouth of th*- sli^ft The cageti in
: the mouth of the si:.. 1 ' w.-r« p.. Itadly
' s; • ing by the explosion that they «-an
t,..' he U»ed. The sl)Ji!t Is riot on fire
;,t ■] r.it is pßSßnafl bats DBS mine. Th"
j««u»e «if the issaslsa hx* not been de
WIFE LOVES HIM TOO MUCH
So Baltimore Man Will Ask
Divorce, He Says.
Uißli— n At.ni a Basta* OTaet «n
| mijunr 1 l*»-*lay that iv- w*« going in file a
|«s«as blm laead Mm ■•■ asdi ;■ «i-^r— i»at
w*> unbearat-1* Hr to!d of her
, j,,., i,:,. 1 bone, sb one •••
,«>ciiin»r inni hi a exipneeri rer ■er
(•-*l hour* ci.d k)«in<ilt P ••" «be out»i»d^ l«-s
r— ■ t.'-r. not IS BO |88l PBt
I loet ■ <tiup> of e«"1 Joh« because mite
jhuiyj .-in. i.'l the pjace •• - . . that I
Icoasfr # • *"'''• "f" 1 *■'■■" >va a nill!tanr * lo
:mv -n!;»loyers.- J.e said. "."Jh. wuuld call
up on tli- 'Plx.ne and taife f<-r twenty mtn-
Jt '^, ur.tll central cut her off
•She would keep the alarm - 1. ck tiurlnr
t -xheii I .e-W-l sleep, tr, keep m-
r ,j;, h.. •!>• c,.iiM t;.!k «'■ ", •. It ■ all
r*an Mt «»"' ! cant >■»''■ " ■"' loafer."
Roosevelt Severely Criticised in
Statement Issued in
THE TWO ADMINISTRATIONS
Says Roosevelt Left Country in
Depths of Adversity." and
Taft Has Restored
Washington. April 20.--Wiliam Ran
dolph Hearst, former aspirant for the
I>emocratir nomination for the Presi
dency, issued n remarkable statement
over his own signature to-night, in
which he unqualifiedly indorses Mr. Taft.
He also criticises in severe terms the ad
ministration of President Roosevelt, and
in so many words warn' the nation
against a renewal of the political domi
nation of the former President.
Mr. Hearst called at the White Hou«<?
this afternoon. He spent a half-hour
with the President In the executive of
fices, un leaving the White House Mr.
Hearst said he had called merely to pay
his raspSCtS to Mr. Taft. whom he ad
mire.; Later he Issued his Indorsement
"No < n»' can talk with the President
without appreciating and respecting hi*
earnestness and sincerity." Mr. Hearst
na.\F. "Personally. I believe, also in his
efficiency. He ha« been one year In of
fice, and he has certainly accomplished
more in that one year than Roosevelt
•iid in hiF first year.
Taffs One Year ßoosevelt's Seven.
It is hardly fair Is compare Taffs
> ne year with Roosevelt's seven, and yet
1 am not pure thai even with that the
comparison might not be to Taft's ad
vantage. Taft's methods are not those
of Roosevelt, but then Taft will proba
bly not conclude his term with a panic.
"« >n the whole, it seems to me that a
quiet, earnest gentleman who came into
office when ! ie country was in the
slouph of adversity, and after one year
in office has placed the country on the
high road of prosperity, is quite as val
uable a President as a more showy and
spectacular person who found the coun
try in the height of prosperity and left
It in the depths of adversity. "
Mr. Hearst says he does not charge
Mr. Roosevelt directly with responsibil
ity for the panic of ir*»7, nor does ha
undertake to give Mr. Taft the entire
credit for the restoration of prosperity.
He declares, however, that an adminis
tration -which Is producing more divi
dends for business men and finding work
for the unemployed "should not be too
carpingly criticised for certain minor
faults of omission or commission.
•Taft Is carrying out Roosevelt's pol
icies in the one way that they ought t •
b« carried out." he adds. "That is to
say. he is doing the things that Roose
velt should have done, but did not 80.
"Stiffening" Rate Law.
Taft is making the Roosevelt railroad
rate act complete and effective. The
Roosevelt railroad rate act has always
been an utter farce, and everybody who
knew- anything about the subject knew
when it was passed that it was a farce
and would be a failure. It might have
ho n m. ;int t> be a failure. At any
rate. Mr. Hepburn, the gentleman who
was «. ted by the R.«>se\elt adminis
tration to stand sponsor for that Mil hi
the House, had but lately been hung In
"ftig- by hip enthusiastic constituent*
for to., great friendliness to the rail
roads WouM - ■•'! have aaieeted thai
kind Of I BUM tan with that kind of
:i lovtmionial to frame that kind or a
hill .' And can you imagine Mr. Rons"
velt. IhC Mocenea of politic*, hunting
through the house of Conajresa, lantern
til hand to find an honest man and H
iK-tlng this executed eSgy as the fittest
one to (rank* the people's railroad bill?"
Mr Hearst skvs President Taft is ti- -
ing to stiffen into h:i active force the
• s ,,: T ,o!e-« railroad hUt" of ttie Roosevcti
•dmlntstration. He three sir. Tafl rredH
.r the prußSeUtftoU of criminal trusts
; ,,i.i for throwing Mi powerful Influence
l.'hind man; needed laws. a'ttMOg them
UM mmuißHnn tax bill, th* overcapHal
(ration bill. ■ bill provkltag fo? |>o«t;il
ravine" banks, the parrels SOSI measure
■ad 'he income tax bill.
•ah these aaenaarea =' r »" sjood." h* con
ti»nii s. "Until* of 1 1 . - — ■»-- »h^ Roosevelt
wtlfull] •■' Itted others
;t f.-. \tiy nefl nd some II dn* •> •=• d
l.ut w ■ ■ mpllahed.
"If the people SJUttfl aiore of achieve
ment than Tnft la civing them, they
IttUSi turn to another !■•• rt . for Ido not
l,»lie\e that there la another man in the
R« j.iiMl'-,in party who will do more or
n" much. Host eertalnU if the people
Irani the tariff medMed they mast turn
to -(ti.il <r party, for the tariff will sever
be modified by Its beneftctaHce. And its
be»iefl« ' irt« = control the Republican
Mr Hears! closed his statement v\ith
ti.r <i. swatloa that the American peo
; ,i.. Bsed tosh for no tariff reform
BOY, STEALING RIDE. KILLED
Falls from Car and Meets Death Un
der Its Wheels.
l\-»s*'-ricer* ott a uort t..«jiit!il Third ami
Am*ter<la!n ivettUe CSf Wen li'»rror-
Mrickrr, «tien an asjht«jrsar oM »,«,> ■. i:
urid»*r thr BrheeJi rastsraa,] afternoon an
»«••- IrO ntly killed. Alfred K.i:>r, K.n of
.Tuhti !":!l!er. a janitor hi .\"<>. M Aiiim.t
<larn avenue. h;id leaped on tha car and
MiiJ.ile,] Ms body on -:.e f«,l«llng Ktep on
t}» .],,Tf<i Ma of the front VeMihille Tlie
i.;i>-::s-><>ij-»nt» > r mm are BOttStruetad SB
that it Is sjsjeaM for soya <<• Jump SB
them wljen the doors are OPMed, but littl"
Aifre.] ■Booeated and ■ nj< bed tJajosl iti
a i urir'.ntai pas Wan.
Tli» lattii •• ■.( tl.e .Mr threw bha off.
preaaabja and near the ■mar ef i.;;th
BBjeai he Mi Bfid io!l*<1 under th* rear
tri.-rk«. The car was crowded with psaSSS
jr**'"-. among them mariy WOaHB They
were bran a into a panic. ni,>: l»r. WariJ
:.«•;, f;..ni the J. Hood \\ rtßlit Hospital,
urter teeing the. boy BBS bsjrsad nl-1. was
ti.r< p(i IB turn hi* attftntioti to the fainting
women Tha boy'« bead wna cut off and
Mm txviv mftiicle.l. Robert Mslsaa, ins
irotonnan, *-»* airsishi on a Isohaisnj
> I'a'Bft of lioudcW*.
APRIL 21, 1910.-fFOtJRTEES PAGES. ** IMMCE ORB CESI
MOVE MADE 10 OUST
Corporation Counsel Watson
Gets Order from Court
RIGBY. MARTIN AND APGAR
Appraisers of Hill View Reser
voir Property at Yonkers to
Explain Their Theory
as to Values.
Charging them with dilatorinesa. caus
ing th«- etty uaaeeeasary 1 oxprns". bias m
favor of a certain lawyer and contempt
of court. Corporation Counsel WatSM
has obtained an order directing ijeorg"
N. Rigby. Bernard F. Martin and James
K. Apgar to show cause why they
should not be removed as commisFioners
of appraisal In the matter of acquiring
property for the proposed Hill View
reservoir in Yonkers. Mr. Martin is a
former Ht.it^ Senator, and for years w.is
the Tammany leader of the old T»th As
sembly I»istrict in this city. Mr. Rigby.
who Urea in Yonkers. and Mr. Apgar.
whose home is in Peekskill. are Republi
cans and former Assemblymen from
The order is returnable before Supremo
Court Justice Tompkins. at Nyack.
Rockland County, on Saturday at 1«»
a. m. Not only has the order beer,
served on the commissioners, but also
on Joseph A. Flannery, a lawyer, who
represents the owner of the last of five
parcels which constitute the tract need
ed for the reservoir. The commissioners
are restrained from carrying on their
an rk pending a decision of th« case.
Other Commissions 'Jnder Scrutiny.
This is the first t.me since the be
ginning of the CatSKill aqueduct work
that the city has taken steps to have any
of the condemnation commissioners re
moved. That it may not be the last is
apparent, because Corporation Counsel
Watson has the work of other commis
sions under the closest scrutiny.
The record shows that Martin. Rigby
and Apgar Were appointed on May 4.
K»<>7. and filed their oaths of office sev
enteen days later. According to the pe
titicn of Corporation Counsel Watson
for the order to show eansa "the com
missioners wilfully and without Justifi
cation hay" held and arc holding un
necessary and improper sessions to the
delay and injury of the claimants and
adding greatly to the cost and expense
Of these proceedings to the city of New
The commissioners first took up work
on parcel No. 1. consisting of between
one and two acres of cleared land, and
l>arcol No. :;. including a little more than
three acre? of land covered with a. thick
growth of trees arid bushes. Instead of
condemning earn tract as acreage, they
allowed the claimants to bring in testi
mony to show what the property Ml
worth cut up into fifty-seven different
lots. In doing this they held twenty
three separate meetings and took 788
pages of testimony, which, according to
the emulation Counsel, "was grossly
excessive and unnecessary to determine
the compensation which ought to be
male for these parcels. • The expense
incurred by these "illegal actions," it la
stated, BJBJI at bJBBt fMuOOO. whereas it
w«>uid have been considerably leal if the
work had been properly done.
Disregard of Cour» Decision.
B) reason of these alleged errors the
awards Ml parcels 1 and .".. made in ,i
report dated November II s *. 19061 were
set aside by Justice Toinpkins on Janu
ary 18, r.««> He ordered the parcels re
ferred to a BN commission for reap*
praisa' In doing 80. he said: "It seems
to me that the proofs before the BOW
mUntoncn did not Justify the admission*
of testimony as to th« rahje of the tra
by lots or tlie making of award- based
iil»on the assumption that the property Is
valuable i»«" marketable a.- lots, and my
opinion is that the evftdei M»• of values
should have been limited to each of the
two parcels as a whole."
Not withstanding this decision of the
court the commissioners went ahead to
determine the value of parrel No, •"• oa
the same th*on they had used in parcels
Nos. I and 3 According to the Corpora
tion Counsel they «'id this 'wilfully.
illegally and improperly, and against the
objection! of monad lor the city of
NV-.v ■, .irk." and they again put the city
to BOOM fIOiOOH expense. A rei*»rt was
handed *n OH Ihhl parrel ob June s. HMO,
awarding IMJOO for the property,
whtnaa the property according lo Ha
acreage viiliif would not haTe cost the
city mere than $4*. 4.">T
In October of inst rear Justice Tomp
kili'- rejected this rejiort and ordered a
lelieailni before new commissioners. In
his memorandum the justice said that
the tracts, consisting of BSVUi or eight
.(.-res. had never been subdivided, nnd
were ...\. rr«l with brush, trees and bowl
ders "The claimant's witness*-.*," be
~i;iid. "were allowed to fix a value on
each separata 25-foot lot, on a map by
Which a proposed subdivision of tha
i,ri,|ii rxy was shonn, and the ronwnhh
stonera evidently made their award upon
the theory that the who!.; property was
Immediately available and marketable
lots There was BO e\ idetve that the-,
Bj demand or anj market f..r i<.» s
In ttlhi rough pie. c of woodland at the
IISJM II STM tak' :i by 'he ' Iff in this pro
Stick to Same Old Theory.
Notwithstanding this Second rebuff and
admonition by the court tbe commission.
uiK to th<- Corporation Counsel,
st.irted right out to determine tho . ,>m
ppnamttasj to be Riven to the sarsjar of
4 on the BBSM old thef>ry.
Tnis BarcaL Which Is known ;i ; the Kmir
prapsrty, <on»i«ts of some Bfty-three
acres taken by the .it\ fro.n BSJ enUra
trad of ♦iKhty-five aorea.
One of the specifications In the petition
of the. Corporation Counsel (»: "That the
• •tmtnlHßloii hits been adjourning Us pro
ceedings In an arbitrary and unnecessary
manner against the objections of th«
Counsel of the city of New York, und by
ltn ruling* and dechtionH on motions, ot>
(oniinifU <>a arronil .' ■.■
CONDEMNAnON COMIQSSKMnBBfI ilAllaV WHOM <lIARGES
II.WK Ml! V FII.KIV
p;;i:n vnr- r maktin
GEORGE N. KIGBY
BUSY OAY FOR WRECKERS
Islanders Gather Up Flotsam
from the Minnehaha.
TO CUT STEAMER IN TWO
Great Quantities of Cargo Cast
Into Sea-Cattle Swim Ashore
-Fear of Total Loss.
Hugh Town. St. Mary.«. illy Islands,
April '_•<».- The inhabitants of the rocky
Scilly Islands were famous wreckers in
primitive times, hut they will remember
this as the greatest day in their history.
The Atlantic Transport liner Minnehaha,
which ran ashore early on Monday
morning, disgorged part of h"r 1 7.' *< »• »
tons of valuable cargo, casting it on the
waters all day lone, to be gathered up
by those who cared to take the trouble
Farming and fishing were abandoned,
•schools were dismissed, and most of the
population o* the nSßfhj Islands. men.
women and children, devuted' themselves
to obtaining treasures from the waves.
Th" salvagers deeMed lo try t.. rear—
the Mlnnehnha in th* way they did the
White Star steamship Suevic. whirh
went ashore near the Lizard in March.
1907, by cutting her in half.
Every effort to lighten the ship i«? now
Imperative To-day th«» waves wan too
high anil strong tor the tugs to go
alongside. fiiiß»uiMintlj_ Ro««]s wen
thrown board from the forward hold
M fast as the stevedores and a large,
crew, who arrived ben last night Itotß
Fa I mouth, could raise them to the deck.
•"■"user, containing automobiles and
pianolas followed one another over Urn
side, striking the water with a great
splash Savins machines and clocks
weal with them, while Iflehbjaa furni
ture floated everywhere Many bales of
cigarettes covered the face of the water
and tons of cheap American novels
drifted, to the nearby Shore of Bryher.
where they were piled like seaweed.
Tidings of this jettisoning spread
early, and a fleet Of fishing craft, lug
gers and row boats hastened to the NRM
A* fast as the cargo hit the water th.
enterprising boatmen palled up th*
small- eases and took the larger ones
• The Minnehaha lies pointing south
\*est. parallel with Long Rack. She HP
peara as if she were at anchor, find
smoke still curling from her funnel adds
to the illusion. In the half-mile channel
bet we» ii her and the little Island where
the passengers first landed and the cnt
tle are now huddled several tugs are as-
BMaMad, comparatively small boats.
which are unable to approach closer, but
arc standing by In case of an emer
Most of '!;•■' machinery waa taken from
the wrack and trajaapartad la St. Mary's.
where tin- raatoms officials took charge
of it. it will ha atored in waawkowaai
and later sold by the insurance
panic-, but it is doubtful If the water
soaked artii-l. s will trlng BnaCk.
Many boatloads of provisions W«re
taken BSbon at other points by the
Islanders. The peoaai Of ISryher Island
tish.-d out boxes of food, tea and to
bai i o and thousands of paper c<
rio\«ls •'Doiirli to keep the islands in
reading matter for a century.
Two hundred and twenty-four eaftthj
•waaj aahore. while ten were drowned.
Hay waa brought from UM steamer to
feed th«- animal-
The seamen here think thai it will b«
impoßMtble t<> save the Minnehaha. and
th.-v I-H.k lor the first ttrong wind to
break hSf 10 pieces
FOUR AEROPLANE PASSENGERS.
i'hnrl*\lU>. Prance. April '.">. — Vhe
French BStSSjSJBt, Roger Summer. ♦ sub
nahed ft new world's record for aeroplanes
10-»t.i\. 11* made H flight of n>#> mlnulea
•oraaa country «.»it!i fuur aaanMbjarai
Great Unrest in City — A British
Peking. April IM.— Advices from rhang-
I Sha say that great unrest is apparent
again in that <ity. The British gunboat
i Sniix* is aground thirty miles from
Cfeaas>Shs V ' ".lines* cruiser and five
hundred trrxips have arrived there.
W. J. Calhoun. the American Minister
to China, was received this morning by
the FYinc* Regent. He presented his
credentials. The officials of the «'hinefe
Foreign Board will viait the minister
MR. CLEMENS IS WEAKER
Lost Ground Yesterday, and
Failed to Yield to Treatment.
f By T»l^?raph la Th" Tribune. J
Redding. Conn, April 20. — The condi
; tion of Samuel I* Clemens, who Is dan
! gerously ill at his home, Stormfield, is
worse to-night than it has been at any
: time since his arrival from Bermuda.
last Thursday. The change is due main
ly to an increasing physical weakness.
which has become noticeable to his phy
i sicians and attendants since this after
Whether th* next change will be for
the better or the worse is a matter or
conjecture. It is feared, however, that
the chances are against the patient. With
angina pertoris. he suffered at times
from attacks of cardiac asthma.
In his last bulletin this evening Dr.
R'tbert. IF. Ha i sey. of New York, who
has remained at the bedside for nearly
8 week, said that his patient was weaker
than during the afternoon, although he
was resting In perfect quiet. In his af
ternoon statement Dr. Halsey had said
that Mr. Clemens did not respond to
medication as he had been doing.
This morning Mr. Clemens called his
secretary and had him get his check
book. Then he made out a check for
jk.k.mi. the money to be used on the
library hare; «if which he was th<* prac
THE BUDGET ADVANCED
Breweries Hard Hit by New
Taxes — Asquith's Flans.
London, April 20 The government
may now proceed to collect th*» long
overdue arrears of the income tax. the
House of Commons having sanctioned
by majorities averaging H the various
budget resolutions and passed the first
reading] of the finance bill, which will
carry tr-e resolutions into effect. There
is now bo further prospect of the meas
ure being defeated
The liquor hShwaSBI are raising a great
outcry against the greatly increased bur
dens placed on the licensed houses
Many large brewery companies owning
numerous public houses will be 30 se
verely affected by the increased license
duties as to be faced with possible In
ability to pay interest on their ordinary
shares. Formerly $.">■» was the maxi
m US duty of a licensed house, but under
chancellor Lloyd-G^once's budget this
in many rases will be. increased to
An additional difficulty is presented
thronsjt IhoSS obtaining licenses having
to pay twice within a few months, for
BOth th» last and the curretit
AaSjasthM Pirrell. Chief Secretary for
Ireland, addressing a meeting in 1-ondon
to-night, \irtually revealed Prem'
QUlth'a intention to ask the King to cre
ate new peers to override the House of
I^.rds. if that chamber raJSSBSi the veto
resolutions, by «aying that he knew of
no other plan whereby the desired end
could be attained.
CONEYS TO BE SHIFTED
Deputy Surveyor To Be Re
duced in Rank by Transfer.
One of the first changes as the result
of the retirement, of James S. Clarkson
as Surveyor of the Port was announced
At the Custom House yesterday, and it
was sr\id that there would be a general
shifting around of employes In the next
two weeks. Matthew M. Coneys, deputy
surveyo*. in charge of discharging ves
sels, stationed at th» Barge Office, will
he transferred in the near future and
will do duty as an acting deputy stir
veyor at some place still to be decided
Mr. Coneys has been in the service for
a long time. As an acting deputy sur
veyor he was in charge of the hag* tge
Inspection; then he whs mad* a full
fledged deputy surveyor In charge of the
tilth division. When Captain T.-tta en
tered the service Mr CwßOya was trans
ferred to the third division, to take the
place of Deputy Surveyor Cloyes. who
was reduced to inspector. His record In
the custom* service Is said to be excel
Alexander Mck>on. who was the act
ing deputy surveyor In charge of bug*
gnge. Inspection, will succeed Mr. Coneys
and bfl promoted to deputy, Collector
hoeb nun In WasMnsjvasi y»-»terday, and
It wan Mntd that when he returned plans
fur further changes would be made.
In t'itj of >ew York. Jersey « 1«T *iMf Hol>nk«a.
H-f.ttllKßF TWO fE>TI.
INCOME TAX FAILS •
TO PASS ASSEMBLY
Resolution Lost by Two Votes
After Four Hours of Sharp
Advocates of Measure Say It
May Have Passed — A
Motion to Re- ♦
[By T»*nph tr> "H»# TrtStia». I
Albany. April '_'".— By just two votes
the concurrent resolution of Assembly
man Murray, of New York, providing
for the ratification of the federal income
tax amendment, failed of passage in th«
The vote on It. which came after more
than four hours of earnest, and at times
bitter, debate, stood 74 in favor. •!•
against, two short of the a»verr
votes necessary for passage. Thi* vot»
was non-partisan, several Republicans •
voting for the proposition and two Dem
ocrats— 'hanler. of Dutchese. a.nd Short*.
of Richmond— voting against It.
Assemblyman Murray followed th-» an
nouncement of the result by a motion to
reconsider the vote and to lay that mo
tion on the table. This was passed. 07
"'I intend to rail this resolution up
again and It will pass." said the intro
ducer afterward. "It would have h*en
successful to-day had It not been for th*
absence of three members who BBjM
pledged to support it. They are Grau
bard. Aaron J. Levy, of New York, and
Wende. of Buffalo. Democrat".' 1
I>ate to-night, however, advocates at?
the federal Income tax. after * • lo»*
scrutiny of rules of procedure and prece
dence for several years, declared that th*
Murray resolution hail been passed.
While a bill requires seventy-six votes,
or a majority of the Assembly, for its
passage. th«««e legislators declare that
th»-re is nothing in the rules to shy^r
that a resolution requires mor» than a
majority of the Assemblymen voting. A
resolution for the ratification of th« pro
posed federal constitutional amendment
Tvould have no different treatment from
that accorded to any other resolution,
Speaker Wadsworth. who voted against
the resolution, made a short speech. in
which he said he saw grave danger to
the state if the Income tax were adopt
ed. He believed It would mean the tak-
Ing of wealth from this state and th«
spending of it two thousand miles away.
where It would be of no use to the «tat».
New Yorkers ought to protest against
this filching of the state's wealth,
A clo-'e call of the House preceded con
sideration of the income tax resolution,
which was the first thing on the calendar
to-day. The argument wa* begun by
the deliverance of a set speech by Mr.
Murray. objection had been made that
the government should only have th»
right to levy an Income tax In time of
war. but Mr. Murray argued that if th->
tax were imposed in time of peace It
would only be upon large income*.
He believed that the tax would reduc*
the high cost of living, thereby <Ing a
hfgh tariff unnecessary. He laid th*
high cost of living to extortion, which,
he said, combinations w»re able to prac
tice upon the people because of the tar
iff. He declared that the fact that th«
Standard Oil Company was vigorously
opposing the income tax was th* best
argument he could advance for Its adop
tion by the Legislature.
Objects to Broad Scop;-
The minority leader. Mr. Frisbi-. alsr»
made a long speech favoring the resolu
tion. The principal argument on the
measure was over that provision in th*
proposed amendment allowing the taxa
tion on incomes "from whatsoever source*
It was the br»>«d scope allowed under
this clause to which Governor Hughe*
who some time, ago sent a message to
th» Legislature urging unfavorable ac
tion on the proposed amendment, ob
jected. He declared that It would allow
a tax to be placed on incomes rleriv^t
from state and municipal bonds, ami
thereby make it more difficult than it »
at present to sell them.
Assemblyman Charles a. Pan*. •-'
New York, made a vigorous argument
against this clause of the amendment.
"Congress now comes forward." h"»
said, "and asks us to relinquish tV»
right of self -preservation in maintaining
cur financial system unhampered front
outside control or limitation, with tht»
possibility of a. tax to be levied by th»
federal government. The value of th->
credits issued by our state will »><•
greatly diminished, and the possibility
of prosperity and success of the »tat»»
will b« defeated. The State of New-
York has more real wealth than th»
wraith of the other Eastern states com
bined, and a larger debt than the total
debt of one-half of the United States.
Now. shall we permit Congress to tax
the Incomes derived, from the securities
of the state given for our debt that will
result in our credit becoming so weak
ened as to be destroyed '•"
Assemblyman Dana later offered .*
substitute for the Murray resolution,
providing that the Legislature rgt»
Congress to amend th* proposed amend
ment by striking out th« words "from
whatsoever source derived." The
Speaker, however, ruled the substituta
out of order.
Democrats Explain Vatts.
Both Shortt. and Chunler. the Demo
crats who voted against the resolution.
made speech*-* opposing Its adoption.
They said they were not against the
taxing of the Incomes of the rich for
th* benefit of the poor, but they ob
jected to the broad powers allowed to
th« federal government by the words la
th* proposed amendment from whatso
ever source derived."
Mr. Chanter aald he was against any
sajßjsaj sacrirtoad the tadapsn
dence uf the great Btate ? Tork
and that h* woulJ v»>te against th* reso
lution If he w#re th« only T>emocrat hi
th« House to do so. He aald. however.
that he regrette; t^.at he had to sup