Newspaper Page Text
BY STOOL PIGEON
Benjamin Levy Testifies That
Deputy Commissioner Paid
Him to "Plant" Robbery.
BOUGHT BURGLAR TOOLS
Used Police Money to Supply
Three Robbers, He Says?
Swears That Detectives
Bcnjin. ?? Levy, a timid and soft spoken
little Individuad, **ho has been a stool
pigeon for the Police Department, startled
the n.ei.?'?????- ot the aldermanlc Investtgat
jng f, ? sterday with allegations
that D'M'ty Commissioner Dougherty had
given him money to Induce certain burg?
lar, to ?ciiimit a robbery, so that the de
tectlve. ntfht arrest them. He also de?
clared that rertaln detective-, after one of
hi? "pliinti.l" robberies had been commit?
ted, had helped themselves to the spoils
and given him only a ?.mail share.
After Emory K. Buckner, chief counsel
for the comrr.ittee, had examined Detec?
tive Angelo Cava, against whom crave
charge?? have been made by two prisoners
now in Pinp _>b_f prison, Associate Coun
?tel Harold S Pemlng told the comn.lt
? ??. that he wanted to show them the ac?
tivity M n*aa *-tn0' pif***0**?*4 &n^ JU8t how
dangerous tho were. Then Lory, the
young man who said he engineered the
robberv of the feather store of Michael
Shapiro, at H- T?1 Broadway, on June
".1 and th?*n turned his confederates over
to bis detective friends, took the stand
and told his story.
]>vy told how Detective Joseph Daley
railed him up and asked htm to come
down to the office of Dougherty. There.
he testified. Dougherty took the pictures
c( I/.US Kessler,. "Joe" Goldstein or
"Abe" Houseman and "Abe" Weinstein
from a drawer and asked If he knew them.
He *aid 'es. They were three profes
"He fanaahlf Doughert>] said, 1 want
you to g?t those men.' and I says, Til
try,'" he testitk-l. "And he gave me $25
for expense. T then met Kessler, and he
got some bur<.lars' tools for $15."
Police Monty for Burqlar?' Tools.
"With the money that Dougherty gave
you?" be was asked. The witness re?
plied in the affirmative, and continued:
The baianee I use?! in gambling* hou_.es,
so that I canta be near those men. After
that I planned with Kessler about the firm
ve were to rob. He looked the place over
?1)6 said: 'It's all right, son; It's easy."
And I ??ported back to Dougherty's sec?
retary, ?ounff. I told him I rhink we will
fM KeeaJer, and Young says to me, 'If
you get Kessler I will give you $12;?.' On
i'rlday I t< Id him they would do It the
|__-*--__g day. Then I met Detective
?.lair. 1 told him I Kot Kessler, who waa
going to bliffe into the lofts of the Afri?
can feather company, and to be on hand.
He my- m me. All right.' Secretary
Young t? Id me to meet Lieutenant '?lynn.
cf the [ftta, at the Broadway Central
Am ti n the young man told how he
di?.usse_ the coming robbery with the
lieuter.*:' t?>ld him how it would happen
?nd Ik.\? he was going to get away. He
?lso toM I ow he and his men blew a big
hole ir, the wall, pa? ked a lot of feathers
In package? ;??,?*. took them downstairs,
he in the m?anwhile keeping a sharp look?
out for hla detective friends.
After tl e men were arrested he took a
?aJk. h- wee arranged, and when he
?.me bec> he ??aw lieutenant Glynn talk?
ing to _ watchman. He also noticed that
the fro,,? doer was broken In. He said it
*_i>n't so when he finished the "Job."
"Ye?., ?-jr. ?t was the door I had opened
v'th niv key," he said. "I said. 'Glynr,,
**ho sm.i-hed the door?' and he said:
That's all right. Tou will be covered
up V.? have to make It look like a
burglar?', as If somebody eist? got in the
bulldln?,'' So I went upstairs with him
anil ?aw Officer Murray was In the loft
taking out feathers. I helped to pack up
feathers which they took out. I then
helped to wrap up the burglarB" tool?,
_nd (Deteet-re) John B. BottI said to me:
'Here are homo feather? (ostrich feathers)
for you.' He said; 'Take 'em?It's all
?Says Detectives Stele Feather?.
So I noticed one offlcer-I think his
*?ara? was Beck-a big. fat feller, take
?nd put feathers between hi? coat and
down his pants. Well, I got some for
Bottl; It was ten feather?. Bottl ?ays to
?ne, Tou had better beat It home,' and I
?ay?. 'All right.'
"After th_t I seen Dougherty. He say?
to me. 'You are getting like an old pair
of shoes around here, and I want you to
?eat It eut o.' town until this caae 1? over.
He gave me the $7. In front of the men
who marie the arrest. Offlcer Daly told
"ne I would get 20 per cent of the amount
Involved fr?rn the Insurance company.
Al?t> I will get $1.000, but I never got no
dividend from the Insurance company or
?ny part o? $1,000."
The Wltneca said that a little later he
*as arre.t?.-u on a charge of burglary,
Wed at._ acquitted. Mr. Buckner wanted
to know w hat policemen were in the loft
*hen he, the ?tool pigeon, returned. Levy
?aid that Captain Domlnlck Henry, Lieu?
tenant Glynn "and Detective? Clair, Bottl,
Savage Murray and Beck were there.
""**. this Is not the original burglary
61 all. This is the official burglary." ?aid
*??. Buckner. The audience laughed
?oudly. Levy also told of other burglarie?
ta said he had planned for the police.
T*o week!? before that the police had
"sited h..,i to "get" for them the ?ame
'OHle Kessler. He arranged a successful
???uglary, he said, but the police failed to
turn yp and make an arrest. "Secretary
noting _a|.j he would give me $12- If I got
Kessler." he ?aid. Kessler committed the
robbery-stole about $7,000 worth of ?ilk
f'Mn the same building, he ?aid-end
,hen e..aped. The following morning,
?-??y nald. Detective? Daly and Botti
*?-d him to see that the goods were re?
turned. He did, he testified, after a great
<lt'*l of trouble. The man who received
'he good? was arrested.
Germania Bank Robbery.
Patrolman Angelo Ca\a, who, with Pa?
trolman Uamberdella, wa? accused by two
8"ig Sing prisoners of aiding in a robbery
?"?d dlvi.inj- the loot, wa? on the ?tand
?h? first part of the session. He waa
?-?igned by Dougherty to hobnob with
?'alian ?rooks, gain their confidence end
U|en inform his superior officer. The
hr-soner. ?aid that Cava end Gamber
***l!a suggested the robbery*of the woman
? the Germania Hank, and that
*-'"?? then placed them under arrest, it
h*? been freeiuently teatlfled to by vart
?o? ee_ect)vea tliat nve men robbed the
woman, and Mr. Buckner ha? bent hi?
?ft'??**.? In an ?tterilpt to ?how that the
fifth man was either Cava or Gam]
de'.la. But four men were arrested.
What Mr. Buckner wanted to k
was why the detective after hearing
men plan the robbery didn't place tl
under arrest before the deed was d
Buckner couldn't understand why
crooks should have had enough cc
dence in Ca\;a to discus? before him t
plans. The best answer that the dc
the could give was; '"They all lilt
pipe and so didn't know what they v
saying" Cava confessed that he paw
the revolver for ('liarles Roes', one of
burglars, when he was asked to.
witness could not answer a single qi
tion before nervously mopping his br
Thomas B. McGrath. clerk In the pa*
shop in which the revolver whh pawi
a'.Eo gave testimony. Also Joseph G<
stein, one of the men arrested, t
brought in from the Tombs. He said t
Ldcutenant Glynn called on him lu prl
and promised to have him let off wit
ll-fht sentence if he would tell where It
jamln Levy could be found.
Deputy Commissioner George 8. Dou
erty was told last night of the testlmi
given by Levy, the stoolplgeon, and as]
what he had to Bay about It.
"They're Just trying to stir up a lot
trouble. They're making much out
nothing. Of course, I pay my str
pigeons for whatever information tl
can bring to me or my men, but I ht
never paid them a cent for hav
plotted or carried out a robbery or otl
crime. It's all lies. Why, that man I.c
was himself brought before me, ale
with two or three others, for havl
committed a burglary.
"l?*t me tell you that since those rr
(speaking of the feather robbers') Wi
arrested there has not been another su
Glover Declares Christian Sc
ence Is Not Religion.
Concord, N. H . Nov. lfi-Amendmei
alleging that Christian Science is not
religion, but a privately o-*nf*d hnsln?
conducted for money profit, were filed
the Superior Court to-day In the case
George W, Glover, of Lead, 8. D.. w
peeks to ha\c set anide the residuary r
quest made by his' mother, Mrs. Ma
Baker Kddy, founder of the denominate
to the First Church of Christ. Sclent!;
of Bouton. The amendments to Glovei
bill were filed by ex-Senator William
Chandler as attorney.
The plaintiff in his petition, which,
allowed, would cause the bequest, esi
mated at $3.000,0)0, to revert to the na
i ural heirs, says In part.
Thai he Intended his claim*- that sa
rcalduary bequeet is void, because tint
charitable trust and b?cause m confll
with public policy, should reet upon h
all? gat Ions that Christian Bdence is n
a rellttlon, but is a worldly business,
l rtvately owned business, conducted I
its owners for money profits to ther
selves, and that the execution of said a
tempteo trust will result, and was I
? tenued by the creator of said attempt?
trust to result, in the private oecuniai
profit of the OWBera ol said business.
i That the buainees described In the f"r
going amendment, viz , the owning, ven.
n.g and practicing of the eo-celled "R
ligion of Chrletlan Bdence," sa taug) t I
Mrs. Kddy. by said legatee and Its men
bers. has. on the whole, I?ecn ejrlevouel
harmful to the health of the people ?
this state, and In the future ?till contint
to be harmful, and particularly so if pn
mot?-d and ?xt< tided b> UM ans of Mr
Fddy's resld'iury gift.
BACON LEFT HALF MILLIOI
Churches and Institutions Wi
The will of Francis McNeil Bacon, wh
died on September 2). at Rldgeflclr
Conn., was filed In the Surrogate'-) Coui
yesterday, and disposes of an estate \n
ued at more than $500,000. of whh h SJK.tX
goes to public Institutions and churches.
The public beejUSSta ate. Samarlta
Home for the Aged, 11,000; American GJs<
graphical Society, $1.000; Sisterhood Of th
Church t)f the Holy Communion, H.'.f/X
So iety of St. Johnland. j:.600, Church o
the Holy Conimunlon, 19.000; St. Luke'
Hospital, $7,?00, and to the Domestk an
Foreign Missionary Societies of the. Pre
teptant Episcopal Church. $6,??u,
Mr. Bacon leaves the llf?* |ncOt*OB oi
"aOO.000 to his wife. Mrs. Katherine I'
Bacon, at whose death the principal Is t.
go to their children. He also leaves hi
wife the aeceeeary household effects t<
furnish her home. The testator gives th.
residue of his estate to his children, be
sides making numerous specific bequest
to relatives and friends.
The will of Thomas F. Rardon. a retire?
broker, who died on November 6, which
was also filed yesterday, distributes |7.?*>
among several charitable and benevoleni
LAND SHOW ' UNDER WAY
Imitation County Fair at 71st
The t7*st ' Regiment Armory, at Park
avenue and S4th street, bore strong re?
semblance to a county fair or a harvest
home festival yesterday. It was the scene
of the second annual opening of the land
show, an agricultural exhibit, which is to
continue until the end of the month.
On every hand at the armory are evi?
dences of the bucolic, to a truly realistic
point. There are real cows, hogs, litters
of pigs and poultry, and on the vegetable
side art? the products of the field and
orchard in apples, potatoes, cotton, corn,
etc., from all parts of the country Fast
and West and fiom Canada to Florida
and Porto Rico. New -Tort, and New
Jersey are tlie most extensive exhibitors.
One of the largo railroads coming Into
the city has an exhibit showing the re?
sults of agricultural ??etlvlties at experi?
mental stations along its lines in nearby
states All the most recent improvement*?
In farm machlntiy and up-to-date meth?
ods of growing things ate shown In num?
berless exhibits of agricultural machinery
und farming equipment throughout tlie
An Interested crowd attended the open?
ing. Kaltenborn's orchestra played in th?
ANOTHER TRIP FOR MORSE
Banker Released from Atlanta Crosse?
This Time on Business.
Charles W. Morse, recently pardoned
from the Atlanta federal penitentiary by
President Taft, has gone to Europe
again. It was learned yesterday, this time
on a brief business trip. The date of his
departure was kept secret, but It was
stated that he would return In about a
The business which took him abroad,
aeccording to report current in Wall
Street, was his proposed steamship line
from New York to San Francisco through
the Panama Canal. It was announced a
short time ago that Mr. Morse was?in?
terested in n company which applied to
the authorities at New Orleans for dock?
ing privileges, and several of his friends
have understood that be would soon have
a? number of offices to fill
Mr. Morse m bun led departure was also
believed to have some connection with
the Orand Trunk-New Haven affair, since
It was rumored that he was acting for
the Orand Trunk In a plan to establish ?
a line of New England steamships in
competition with those operated by tlie
New York, New Haven & Hartford. I
SWEAR TO ALIBI
FOR "DAGO" FRANK
? ?ntin-u-t* from first page.
"Whitey" Lewis as one of the men hi
saw fire ; Rosenthal.
The quartet of state's witnesses were
brought in at the reouest of counsel
for the defence, who raised th<* point
that Stanish had been doubtful in his
identification of some of the defend?
ants. Mr. W?hle evidently thought
there was a possible chance Stanish
would identify Weber or Vallon. The
witness declared, however, that he had
not seen Rose, Weber. Vallon or
Schepps at the scenfe of the murder.
Defiant Glances for Accusers.
The andden confronting of the gun?
men w ith all four men who were most
responsible for their Indictment for
murder was almost too much for the
Zclig gang members to stand. The four
"boys." as their counsel refers to the
defendants, shot glances of defiance at
Rose and the others as they atood
near by. "Whitey" Lewis was almost
within reaching distance of Schepps as
the latter stood behind the gunmen's
counsel. "Whitey" appeared to be
greatly excited and exerting a strong
effort to restrain himself.
Bchepps stood with his overcoat neat?
ly folded over his arm, ?avltli the ellk
lining turned out, and glanced at
"Whitey" and the other gunmen non?
chalantly, with the suggestion of a
smile playing about the corners of his
mouth. Rose. Weber afid Vallon did
not favor the gunmen with even a
Mrs. Rose Sherry, landlady of the
boarding house at No. 2tK* West 43d
street, where Stanish lived, testified
that, the state's star evewltness waa
in his room at the time Rosenthal was
shot and oooM not poalbl> have seen
the shooting, as Stanish testified. The
witness said she heard the shots and
ran to the front doir to see what had
happened and met Stanish in the hall.
He had poBM out of his room, on the
same floor, evidently having heard the
shots, too, she said.
Stanish testified that he was stand
inc near the Metropole in West 4.3d
street with a friend when he heard
the shots and turned and saw the
shooting. He Identified "Whitey"
Iywis as one of the men he saw fire
at Rosenthal. When Stanish was re?
called to the witness stand he denied
thai he occupied a room on the same
floor with the landlady.
one noticeable point in which the
testimony of Dago" Frank differed
from that of his co-defendants was
that he frankly confessed to having
carried ? revolver at on? time He
en n admitted that he once nun con?
victed for carrying OtMOSSlSa* weapons,
including "a revolver and a slung
shot." In that res|>ect perhaps he
qualified as the only "real" gunman
among the four g-ansters. at least he
was the only one to acknowledge It to
His record of crime, however, as
brought out ..n cross-examination,
falls considerably short of those of
his confreres on trial. His chances
too, for "beating" the charge of mur?
der, provided the jury gives his alibi
any weight, appear to be much better
than the chances of his companions.
Admits He Waa Convicted.
Mi Moss brought tiie gun Incident out
early on the cross-? xaminatlon. He ask.-d
"Daffo" Frank if he nad ever been con?
victed of a crime, and the witness admit?
ted he had. His cross-examination then
Q ?When. A?In December. IW6
W-VYh.it forl A.-For carrying *con
Q.?What weapona*! A.-A revolver and
Q.?How old were you? A.?Twentv or
Q.?What sentenie did ?on get"" A ?
Q.?What were you doing with a re?
volver and a slungahot? A?I put them
In my pocket about ilfteen minute? before
I was arrested
g-What for'.' A -They were given to
me by an ex-convn t
Q.?What wen yon talking to the ex
eonrlct f-jr? A - I didn't know he was an
ex-convict at that time
Mr. W?hle, ?vent over th? came ground
wltii the witness Clioficl up to the time
of the shooting as tie had with the other
defendants "Dago" Frank made the
most Impressive witness: of the four. He
handled himself with better mental poiHe
on the witness Mand and used pretty
?ood Fngllsh throughout his testimony.
Be spoke In a deer, nail modulated voice
and tuok time to think In answering
tiie (iiiestio'iK. a eanea ?<f honor, which
apesarad to be lochtet la the other gu*n
men, cropped out in Ciroflcl at times, and
he smiled appreeiatlngly at some of the
questions asked htm, but never so as to
create the impression Of sarca-.rn or ridi?
cule. Jl<- w.iH the first witness called yes
II?; told of the visit of Ross and Schepps
to the apaittnent of Lefty" Louie In
Southern Houle?, ard, when he cald Hose
tiled to t-quaic himself on account of th.:
suspicion which the four defendants had
that he, Rose, was responsible fot fram?
ing up "Hig Jack" Zelig on a charge of
carrying concealed weapons.
There had been no conversation about
killing RoaonthSl, as Hose testified, he
said. The only time he and the other
tl? fendants had met and talked with Rose,
Weber, Vallon or flchepps, the conversa?
tion had always been confined to the
X. llK matter. It was in regard to Zellg's
arrest that Rose had the four of them
come to "Hrldgle" Weber's poker parlor,
at '.'d street and Sixth avenue, on the
niiiht of the murder, he said.
Clioficl told of the trip downtown from
his flat at No. -529 Seventh avenue In
tue gray car with Tinte, Vallon and
Schepps, lo i'Brldgie" Webers, prior to
tlie shooting. Hose wanted to prove to
them all that night that he had nothing1
tu do with framing up Zellg, the witness
"Dago" Frank Offere Alibi.
Referring to the meeting of the four
gunmen at Webern on the night of the
shooting, Mr. W?hle continued the ex?
amination, subsequently covering the
point where 'Dago" Frank brought In his
alibi, when .he left the others before they
went to the Metropole. The examination
at this point was as follows:
Q ?What did you do? A.?We sat In
Weber'e about twenty-five minutes at .?und
the table with half a dozen men, one of
whom 1 did not know. "Whitey" Rosen?
berg and "Qyp" Horowitz then came in
The bo vs. were asked to sit down and
have something to eat aad drink and
"JacU" Rose repeated hie Btory to me
about Zellg's "frame-up." which he again
-.aid was made by Hughe- ?nen and oot
1'ecker's . .
Q ?\fter Rose mad?. :?:at statement
what happened? A-?-Vallon. Weber. Rose
snd -.he granger got up. Roae ?f Wfdjaf
?aid: "Walt a minute, boys." They thi
went out and Rose said: "We will 1
back in a little while," and Weber sal
"Order anything ?ou want to eat ?
drink." We sat thtre. The colored ma
came to the table and we ordered ?om
thing to eat. .
Q?How soon after did some one of tr
party return? A.?About fifteen or twei
ty minutes later the stranger returned.
Q?Can you describe this man? A.
Te?. He was a man about 6 feet .?_ or
Inches, dark, short, black mustache and
peak hat. He said: "Who is Louie:
Louis said: 'I am, what do you want'
The stranger then said: "I was told I
tell you boy? to come around to 42
street." We got up and went downstal
and when we got downstairs, I said:
would go home, as I had not been hon
since Sunday and Jean Gordon would t
worried about me, and I didn't care I
'boose' up with the crowd." I then bt
them goodnight, and went to the Sixt
avenue "L." took a train to 145th stiee
and then went to the flat at No. 2529 ile\
enth avenue. The house was on the wei
?ide of the avenue, between 145th ar
14-th streets, and the flat is on the thlt
Q?When vou came out of Weber
with the olher three men and th
stranger, did ytru see the car you can
downtown In? A.?No, sir.
"Daao" Frank then denied he had be?
at the Lafayette baths with Rose, Vallo
or Weber, or that he had ever ridden In
taxlcah from any place with Rose, Vailoi
Rosenberg or Horowitz as testified to b
"Jack" Roen. He also denied going to
chop suey restaurant with them or tha
he was at 60th street and F.ighth avenu
In a doorway with Rosenberg and Hef.
with when Rose Is alleged to hav
handed Rosenberg $1.000.
Didn't Knew Who Was Shot.
The witness said Rosenberg. Muller nn
Horowltt came? to his house about a hal
hour after he reached there. He to!
about getting a message and going out t
raise ball for Jean Gordon, his girl, wh
had been arrested. He heard of the shoot
lng of Rosenthnl about 4:V) a. m., whll
he was away from the flat, but did no
wake up his three companions to te
them about It when he returned. He tot
them the neit morning when they got Uf
Rosenberg and the others told him abou
Rose and Vallon doing the shooting, h
said, though they didn't know st th
time that Rosenthal was the man shot
Harford T. Marshall, counsel for 'Mark'
Rulllvan, followed Clroflol on the wltnes
Htand and testified .Shapiro had told hin
In the Tombs about a w?-ek bet?re th'
?nd of the Becker trial that Vallon an?
flchepps had been in hi? car on the nigh
if the murder at the Metropole. Deput;
Commissioner Dougherty was ?ailed t?
testify that Shapiro had told him he dl<
not see the faces of the men In his cai
when he ????ove them to and from th?
.?>hn J. Htcke\, r? bartender, was th?
next witness. He *atj) that he knev
Rosenthal, and met him on the night o
the murder at l\ulriell'n saloon, In 42?
street, and. after having a drink, the>
went over to the Metropole "Rooti"
Walker sat at a table with them, he said
"Rosenthal got up and went out ?bou
three-quarters of an hour later, an<
bought some papers In the corridor
Hlckey stood on the sidewalk, reading th?
headlines In a papel that Rosenthal ha?
i given him when the shooting Otytnwra?, hi
?aid. Telling what he saw of the she.ot
lng. the witness ?aid:
"t saw a msn with a gun In his han?i
right nett to the Metropole. He had i
cap pulled down over his eye*. I could
only see the lower part of his fare. H*
had a long shaped chin, was ?lean shaver
and had a straight n"f*. He was abo.it
five feet eight or nine Indies in height
After the shooting he ran east, touarel
Sixth _venue. I did not see the faces of
any of the other men who shot They
were right behind me."
Patrick Whalen. a cabman, who had a
stand at 43d street and Broadway, testi?
fied he heard the shots, and as he ran
toward the Metropole saw one man run
from beside the benly of Rosenthal and
disappear In the building material In
front of the Woodstock Hotel. The cab?
man created a laugh In court at the ent
of hi? cross-examination, when Mr Mo?,s
asked him if he ran after the man he
saw running away from the s.?ne of the
"Ah. no. r.ot me!" said Whalen, with a
Stamih Left Unpaid Board Bill.
Mrs. Rose Sherry, Stanlsh? landlady,
was the next witness. She testified that
?he ?aw Stanlsh reme into his room
? bout 1 a m. on the night of the murder.
She ?at In a rocking chair in her room
and could see Stanlsh In his room from
where she sat, she said. She heard th
shots and rushed into the hall and met
Stiinlsh running from his mom, she tes?
tified. On 'croni-examinatlon she said
Stanlsh had lived at her house for eight
or nine month? and went away owing
her a board bill Of $136
John Belsler, known as "John the Bar?
bel," who run?? a b?_rber ?hop in West
40th street, testified that he was near
the Metropole when the shouting oc?
elli red and ?aw "Hildgie" Weber run?
ning aw*?? (?n cross-examination the
witnc-BH told Mr Moss lie. xaw Weber
running in the crowd"
Mrs. K>'dd followed Reisl?-r on the
stand. She had approached the four men
In West _ld street, opposite the Met'..
pole, and offered KUtn tor sale They told
her to DM**, on, she said. Just afier she
passed them she heard the shots and
turned around to see them dolr:g the
shooting. On cross-examination she ad?
mitted she had told Mr. Moss and Com?
missioner Dougherty she did not see the
"Kid' Relber, a ticket speculator and
gambler, testified lie saw Harry Vallon
at the Metropole fifteen oi twenty min?
utes before Rocenthul was shot.
Mrs "Lefty" b?fala Rosenberg and her
sister, Rebecca Lieben, te.tltled In re?
gain) to the visit of Rose and Schepps to
the Rosenberg apartment, in the South?
ern Boulevard, and of the Rosenberg and
Horowltr families being together at Far
Rockaway for a week before the murder.
She smiled sweetly at her husband sev?
eral times while she was giving testi?
Members of the Lu ban family wer.
! called to discredit the testimony of Mor?
ris Luban, who Identified three of the
gunmen a? men he had seen shoot Rosen?
thal. They declared he was at the home
of his brother, Alexander Luban. until
|?__ a. m on the night of the murder.
FLYNN QUITS COMMITTEE
Detective Angry Because Mayor
Held Up His Expense Account.
William J. Flynn, who resigned as chief
of the New York division of the United
State? Secret Service several months ago
to assist the Curran aldermanic commit?
tee In its Investigation of alleged police
graft, will quit the committee and return
to his old post.
At hla home, No. 2.S Wadsworth ave?
nue, last night he told why he was gclng
back to hi? federal job.
"t3ey?ra4 4_*v a?o j WI4 m*, ?ucjgjtr
and Mr. Curran that I was going to i
turn to the Secret Service Job. I am lea
mg the work of tbe investigating cornm
tee because I only Intended to stay wl
them for a few months at the most. A;
then there is another reason. My a
counts have been held up tn the Mayo
office. If I had no other reason for lea
ing my present Job that would have be
sufficient. It Is plain that 1 cannot affo
to work for nothing and then pay t
expenses of the aldermanle Investlgatl
committee, too. The city owes me abo
$2,200 In all Up to date my sala
owed me Is about $l.r?00, and besides th
I have spent from my own pocket abo
$800. Tes, sir, I would leave on that a
count if for no other reason.
"I'll go back to my old job and then,
about three weeks, r expect I shall
made head of the United States Seer
Emory R. Buckner, chief counsel for t
aldermanle committee, said last night th
he had not heard that the reason for tl
detective's return to Washington was b
cause his expense accounts had been he
up In the Mayor's office. He said:
"The reason the chief left for Washin
ton was because his ambition has alwa;
been to he In charg? of the national S
cret Service. It was thoroughly unde
stood when he accepted the position of
us that he would leave Just as soon i
he saw an opportunity to step Into tl
boots of John K. Wllkie. And now he hi
Others, however, associated with M
Buckner said last night that the expens
of Flynn for October and even th
month's salary, had been held up In tl
office of Mayor Oaynor and that the d
teetive was considerably put out by tl
SHIP LONG TIME DOCKINC
France, Abeam Pier at 5:2C
Lands Passengers at 8:05.
The new French liner France brok
all records for long time in docking 0
her arrival last night from Havre, Sr
was released from Quarantine at 4:1
p. in., was abeam her pier in the Nort
River at B*20 P- to., hut did not Ian
her passengers until 8:i>"> p. m. i-h
carried ?117 sal?.on. 2B0 second and M
Captain Poncelet came up against a
exceptionally stiff ebb tide, and, a
though he had twelve tugs pushing o
his starboard quarter, the Fraive ?oui
not he budged Toy almost three hour
the whistle of th,; France tooted fc
tugs, and telephoin- in?swages were set
broadcast about th.? harbor for tiiglloi
assistance. By degrees the Fram ?5 ha
acquired a fleet of small hoits silfll? 1er
to turn her nose ?nto the dock, an
Slier thai She went In easll*A
AUTO KILLS* SCH00LGIRI
Mother Sees Child Fatally In
jured by Oar.
RonnitU lo greet her mother, who ?a
Waiting tor her to come out of sehoo
Dorothy Phillips. Besen years old. wa
run over ami killed yesterday In Broa?i
wa?, I.obt's Fur>, by ?ui automobil
drhcti by .lohn Cenaufhton, of N'o 125
Ihnpooa aeenne? The Ihrons, Connus*
toa'a mechtae ^a-.i one of otnety-oe
which were curr>lng a large party of th
pioneer employes of the New York Tele
phone Company to Hrlardlff I/O.lge fo
dinner. The proCeeafOO of cars pass,
through Hotibs Kerry Just as pupils of th
public ?choolt- were toml'ig out.
Doirothl Phillip* seeing her mothe
a.ton? tf.e ?tr?'et. ran to greet her. an
Cannilghti n. although he MJT8 his CO
waa going a? moderate speed, was. unabl
to escap?- hlttlni* her. The car threw he
ten feel in the air. Mrs Phillips Ml
Into |be road.Miy and phked up thi
child. Dr. Robert Dennteton rushed th
little girl to the riohbs Ferry Hospital
where she died.
Cannughtoa was Held by the local po
lie until Coroner Urs, of Vonkers, ar
rived. The Coroner plated him undc
$3,f>00 ball, which was furnished
MUST PAY WIDOW PENSION
Man Who Killed Conductor Re
ceives Odd Sentence.
Joseph Bush was sentenced by Justlct
Crane, of the Supreme Court. yesterda>
to pay Mrs .lames M<\'arnara the sun
of $n a week for a ? tar for killing he
husband, Who was a i enductor of tli*
Platboah aeenne i n* of th?* itrookiyr
itapld Ti^anslt "rjrstOBB.
Bush Is twenty-fo.ir years oid and live
at N'e h'-'-' 20th street. He had beer
?Irlnklrg on the evening of September '.'9,
when the conductor dared him to carry
OUI a threa; to "lick" him, and he com?
piled with su h vlo.ence that M'Namara
died the next day.
Bush w-as Indicted for manslaughter.
but the Jury convicted him ot as-iaui? In
the third degree. In pi enouncing sen?
tence tlie court said that the pruon.'i 'a
crime lay in the consequences rather than
in the deed ltseli, and that the conse?
quence was s.arcely to have been Batid?
patsd. The court eontlnced:
"You have not tried to lie or make out
a case of self-defence, hut yen have
stain.i at tu?-) trial just how it happened.
I piopic-e tn lei ya i work out your own
aaiveflon. if I send you to prison It all?
hnv?. to. be for a war Instead, I am
going to glv<- you en alternativ?'. I am
gun,g 1.1 auepend sentence ?>n londitimi
tha' mu? pa> $3 a week to the wld.?w of
McVamaia. She muy not accept the
money. In that COOS, I want von to de?
posit the mono} In the savings bank for
Mc?emara'a little ehlldren."
AB Bush ptnrted for the door of the
c-oortrooo* lire McNamara ruahed for?
watd as though 'ti attack him. Wlnti
?he aas reetreined ?-ii? cried.
"1 won't tOOCtl <* cent of that niev*'*
SWEDISH" OFFICER SUICIDE
Lieutenant de Mannerfelt Took
Part in Olympic Games.
Tampa. Fla , Nov. 13. ?Do -uments found
In the effects of lieutenant l-'ted tie
Mannerfelt, who committed suicide at a
locul hotel ear!** today by -hunting him?
self through the heart, identified him as
the son of Major V. K. Munnerfelt, of
the 'xTsonal staff of King OSOOT of Swe?
den. Fa pels shows that he was u member
of the Swedish team in the recent Olym?
pic games at Stockholm.
Lieutenant de Mannerfelt had been in
the city only i few day?. He left letters
addressed to two citizens of Boca Grand,
Fla., where he is believed to have been
spending a vacation. He also left a note
to the manager of the hotel apologizing
GATEMAN A SUBWAY SUICIDE
First Instance of Employe's Ending
Life Under Train.
It was r?*cently calculated that about
fifteen persona commit suicide annually
by throwing themselves in front of sub?
way trains, but last night was the first
time that one of the road's own employes
has used this method to end his life.
A man sprang from the platform at
149th street and Third avenue In front of
a southbound express, and Motorman
George Welsh could not ?top the train
until two oars had cut the man almost to
olecea. He was in citizens clothes, but
wore subway badge No. Z.4S?, which Is
registered in the name of Edward Pen
nell, a gateman. thirty-five yeara old, of
Nv HO laut Hi'd street.
POND VICTIM SLAIN HERE
Place of Murder Reported To
Be No. 315 East 40th Street.
The body of the woman found In a
wlie-bound burdle In a Georgetown,
Conn., millpond ha? been identified. It
! is understood, as Carmeltna Geracci,
and detectives acting under Deputy
! Dougherty's peraonal direction are re?
ported to have established that the
woman was murdered at No. 315 East
Mrs. John Preston, who is house?
keeper at that address, is said to have
made the identification. The first floor
apartment on the right hand side of
the entrance is the reputed scene of
The theory on which the police are
working is that the body waa shipped
I in a trunk on the afternoon of Thurs?
day, November 7, to Georgetown. It is
reported that three persons, described
j by neighbors as the woman's husband,
her father and a boarder, were in tho
apartment at the time the trunk was
| expressed from the place.
BETRAYED BY LOST FINGE-i
Maimed Hand Results in Arrest
of New York Olerk.
San Francisco, Nov. 15.?The ab?
sence of a finger from his right hand
resulted in the arrest to-day of Eric
B, Cornell, of New York. A few days
ago a police circular was received de?
scribing Cornell, who was wanted for
ftirgery. Attention was directed par?
ticularly to the fact that Cornell waa
minus one finger. Cornell will not dis?
cuss his case.
Kric Cornell wa_ employed as a book?
keeper for Henry K. Kabat, an electrical
contractor, of No. 59 Warren street, and
was arrested the early part of last Sep?
tember, charged specifically with the
larceny of a check for f40, though at the
time Kabat ?,ald that hi* losses would
.?mount to more than $1.200. The young
man was released on $1,000 cash ball,
which he put up himself. When hla case
was called for a further hearing on .Sep?
tember 13 Cornell did not appear, and
the $1,000 was declared forfeited.
Cornell while In the employ of Kabat
lived at No. 130 De Kalb avenue, Jersey
CHARGES FRAUD IN STOCK
Former Brooklyn Banker Has
Hotel Man Subpoenaed.
Magistrate Voorhee?. In the Adams
street rollce court, Brooklyn, issued a
summons yesterday for John Hill, pro?
prietor of the Clarendon Hotel, to appear
In that court on Monday to answer the
charge made by William 8 Hurley, for?
merly vb'e-presldent of the defunct Bor?
ough Rank, that he had obtained from
Mr Hurley thirty shares of the A. ft M.
Robblns Company. valu??d at $6.000,
through false representations; The Bob?
bins company deal? in poultry, doing a
large business In Fulton Market.
The complainant alleges that seme time
In December. 1*07. Mr. Hill, as the man?
ia ger of the Robblns company, went to
i Mr. Hurley, one of the directors, and told
him that he purposed making a gift of
I sixty shares of the company's stock to
I two employes to "inspire enthusiastic ef?
fort In behalf of the company." It was
explained to Mr. Hurley that the other
directors were not In a position at the
time to make a contribution of stock, and
so Mr. H'irley alleges he turned over
thirty shares of his stock to Mr. Hill,
I which have never been returned te him.
Mr. Hill stated yesterday that the
charge "is absolutely untrue and without
foundation." "We will answer Mr. Hurley
in court," he added.
Mr. Hurley and Mr. Hill were formerly
associated In many business deals, and
both were riese friends of the late Sen?
ator McCarren, who lived at the Claran
PARROTS FLY IN WALDORF
Return to Cage Only When Ad?
dressed in Spanish.
Juan Rodriguez, of Lima. Peru, had so
many parrots he didn't know what to do
with them when he got to the Waldorf
Astoria the day before yesterday. As the
management would not permit the birds
in the bedroom of the sefior. they were
le-ft for safekeeping in the cloakroom.
There were four in one cage.
Sefior Rodriguez went for a walk yfcs
terday afternoon, and while he was out
the cage In some way was opened and the
parrot, flew out. Into the cafe went two
of them and perched upon the back of a
chair. They spoke only Spanish, and no
one there could understand, so the waiter
at that particular station didn't know
whether they wanted a Spanish omelet
or Chili concarne. The birds waited .so
long thai they got disgusted and flew
out again. Thi.x time they went to the
barroom and perched upon the frame of
a large picture on the south wall, a pict?
ure of Ficnch fishermen launching a boat
In the surf. There they sat and chattered
Ilk?- a pair of excited toreadors.
From the top of the picture they went
to investigate the telephone system of the
hotel on the mezzanine floor and lit upon
wires. No one could persuade them to
"Joe" Smith, the house detective,
threatened arrest, telling the birds thut
he would "bally well "ave them locked
hup." but tifey didn't budge or turn a
It wa?- recalled that John Rogers?, super?
intendent of service, could .peak Spanish
like a Spanish onion, so he was called up.
Rugeis got a ladder, and as he climbed
toward the parrots whistled the "Spanish
Serenade." The parrots were charmed,
thoy opened up a conversation with the
linguist, and consented to return to the
cloakroom against the coming of Sefior
ST. JOHN ESTATE 1)666,326
Most of Cotton Broker's Property in
Stocka and Bonds.
The report of the state transfer tax
appraiser filed in the Surrogate's Court
yesterday places at $<*?",*.-. the value of
the estate left by Frank I.amar 8t. John,
a retired cotton broker, who died on May
1 last. The largest part goes to the wife,
.on and elster of Mr. 8t. John. The prop?
erty consisted principally of railroad
bonds and stocks in industrial corpora?
Mrs. Elizabeth F. Noble, of Cambridge.
Mass., who died on April 2. 1909, left a
personal estate of $&-t.O-.. of which $2.7,37*?
was taxable in New York State Mrs.
Noble left $-0,000 to the Society for the
Prevention of Cruelty to Animals, to
erect irinking fountains for horses and i
dogs In New York City.
ilND H H
c ? ?_*?
Proposed Agreement with New
Haven Road Feared To Be
Against Sherman Law.
WORDY DUEL AT WALDORF
Canadian Road's President
Meets New England Repre?
sentatives ? Will Wel?
Word was received from Washington,
late last night that Attorney General
Wlekersham had ordered an investigation
to ascertain the facts relating to the re?
ported traffic agreement between the
Grand Trunk Railway of Canada and the
New York. New Haven ft Hartford, with
the purpose of determining whether the
pre.posed agreement would be a violation
of the Sherman anti-trust law.
William C. Bliss, president of the Pub?
lic Utilities Commission of the State ot
Rhode Island, and two other members of
the board, together with a representative
of Governor Foss of Massachusetts, will
confer with Mr. Wlekersham on Monday,
and will also attempt to get the matter
of the contemplated sgreement between
the two roads before the. "money trust"
committee, which meets on Wednesday.
The long awaited conference between
Governor Pothier's representatives an<_
Prevjldent Chamberlln of the Grand Trunk
Railway with regard to a final dlspejsf
tlon of the r&nadlan road's plans for Its
Invasion of N^w Kngland territory was
held at the Waldorf yesterday forenoon
and resulted m nothing but a duel of
statements between President Chamb*?rlln
and Attorney General Rice, of Rhode Isl?
and. Mr. Rice's version appeared in the
form of a telegraphed report to Governor
Pothler. following the meeting at the
Waldorf. President ?"hambe-lln's comment
was Issued from his apartments late last
evening and purport??d to he a detailed
correction of Attorney General Rice's re?
Conference Without Results.
The New Kngland representatives who
runic to town on Thursday, armed with
the determination to get a final state?
ment which wo?ild dispos?- forever of the
matter of the Grand Trunk extensions
Into New England, went home last night
with nothing to show for their trouble.
At yesterday's conference President
?"hamberlln confined himself entirely to
the matter of the impending agreement
with the New Haven road- a matter
which, aside from its unmistakable infer?
ences, has nothing t<? do with the exten?
sion of the ?.'anadian lines into New
Haven territory. The inferences -ire that
these extensions nevr will be made
How thl_ result has come to be the only
logical one is a matter which will be
Investigated by Attorney General Wlek?
ersham at Washington the coming week.
President Chamberlln said In his apart?
ments .it the Waldorf last night that the
proposed agreement between his road and
the New Haven was purely a working
one. In consideration of certain conces?
sions granted President Mellen s road on
the southern lines of the Grand Trunk's
system the latter roa.l would get the
benefit of trackage and traffic privileges
into Boston and New York. He said that
he considered Attorney General Bliss's
report to Governor Pothier "harsh and
unfair," and that more care should have,
been used In giving a ^ersion of such an
Disappointed, Not Disgusted.
In answer to the report of Attorney
General Rice that the Grand Trunk's
president had asserted that he was "dis?
gusted" with the people of New England,
and especially those of Rhode Island, on
account of the furor they had raised over
the suspension of work on the proposed
?tensions, Mr Chamoerlln said last
night that he had said that he was "dis?
appointed" over the action taken In con?
nection with the Southern New England
matter. He denied that the discontinuance
of work on the Palmer extension had any?
thing to do with his road's general cur?
tailment of construction at thie time ef
"Weather conditions and our beard of
directors" were the variable quantltiee.
according to President Chamberlin, in the
problem of th" Grand Trunk extensions
"Upon the general resumption of the
construction work.'" said President Cbam
berlln. "there will be no discrimination
mude In regard to work on the Southern
New EnRland. At my conferences with
the officials of the New Haven road the
matter of the abandonment of the Palmer
extension had not been discussed. an?t
will net h? at any future conferences. In
the course of t_sf_M talks which I have
had with officials of the New Haven road
the quesMon of reimbursement by tnat
road for any expense already Incurred in
the construction of the Palmer extension
was r.ot considered nor discussed, and any
report to the contra; y is a lie. I will
welcome any Investigation on this point.''
New England Aid Not Wanted.
In reply to Mr. Bliss's contention th_'
the State of Rhode Island and the citv
of Providence had ma.le large harbor im?
provements on account of the Southern
New England Railway, President Cham?
berlln said that he __? c-eded in getting
the Rhode Island man to admit thai
neither promise nor exclusive use of the
improved lacilitles had been given to the
r?illroad ind that, tlierei.i'??. the matter
was in all respects bestde the Issue. He
said tliai in the event of an extension
tue Grand Trunk was amply able, under
normal conditions, to finance It, and that
New England assistance would not be
Yesterday s conference did little more
than confirm the statement credited to
David O. I ves. of the transportation bu?
reau of the Boston Chamber of Com?
merce, who R?verai days ago gave it out
as his opinion that the further develop?
ment of the port of Boston by means of
the Grand Trunk's acquisition of an East?
ern Massachusetts line was a useless con?
sideration. While it Is possible that the
Palmer-Providence line, which Is already
laid out and ditched, will be completed.
It is practically conceded that the areat
dream of the late President Hays of the
Grand Trunk wilt never be realized.
A new turn waa given yesterday to the
New Haven-Grand Trunk complications
through the report from Wall Street that
Charlea W. Morse's hurried departure for
Europe was connected with the deal. It
has been commonly understood that Mr.
Morse was planning a steamship line in
conjunction with the Grand Trunk that
would compete with the New Haven's
vessels between New York and New
England. The proposed trafile agreement
between the two roads would necessarily
compel a readjustment of the pleas for