Newspaper Page Text
on th? stand in that p
had had an opportunity
bar. he became convln
?tory **ms of vital impc
state, provided she could
to tell th? whole truth,
th? girl would tell the
She wa? served with
and taken to Mine?la li
only to get her ?way fn
C?lia ?at quietly In th?
toraey's otnre while ?he
to go before th? grand jt
not seem to be nervous, fc
not question her. As ?001
ors hnd returned from th?
Mr. Smith took the girt in
It is no secret here that
a skeptical audience. Th?
?m had read Celia's testi?
Coroner Norton, th? a
vetted for Mrs. Carman's i
they knew of the charges
hatf made of "kidnapping.*
"?"he rirl had not been
4|?t?Cd. however, before ev?
was hanping on her won
feelirg of hostility. The Tr
respondent is reliably?.told
peared. The girl told her
*?.r. Smith's qu?et questii
straight forward way. The
be<*ame oonvini'cd that she
doing her best to tell the ti
Telia Her Own Sto
Mr. Smith, realizing his o
had been called into quest
charges of "kidnapping" an
up." was careful to let Cel
??loiy in her own way wit
questioning as possible. It .
that the District Attorney c
this witness a single "lea.
tionM dur;ng her entire ex
The girl was not a reluctai
neither did she appear over
till her story.
Celia told of preparing ai
?tinner for the Carman housei
day night. June 30. She toi
far iily dispersed after the
said that Dr. Carman went it
fier, to attend to the patients
then sitting in his waiting
ihrse details her story had i
in %ny material point from tr
toll at the inquest.
Then she said that Mrs,
w? it upstairs to her own roo
thought. The witness ?aid si
went into the kitchen after
the supper dishes.
The meat of the story came
District Attorney, after
whether she had heard the st
shot, and receiving her affirm
swer. asked this question:
"D;d you see any one come
Vitehen " immediately after y?
Cell? told the grand jury t
Carman entered the kitchen
rear entrance almost imm?diat
she heard the sound of the si
maid said Mrs. Carman stop
talked to her for a moment
gave her some instructions a
At this point the jurors inti
the witness with sharp questic
can be s?id on the best author
the cro*s-exa.nining by the ju
not confuse the girl. She i
?hange her story In any impor
tail, and the jurors sat back t
to the rest of her story.
Celia, according to The Tribu
formants, told the jurors tha
Mrs. Carman entered the kite!
did not have a revo'ver in her h
After Mrs. Carman's conv?
with her, the subject of which
known, the maid, she testified, ?
her room and went to bed.
It is understood that Celia t
grand jury at length how she ha
to sign tho affidavit which Geo
Levy prepared and asked her t
She also said that she had not
to go back to Freeport last Thi
when she was taken in the car
prosecution's detectives, and th
did not want to go back again
Aiter the frirl had finished hex
she was taken quietly from the
house under the escort which hi
her there. To-night her wherei
?re known only to the officials,
can reach her at a moment's no
('?lia's story overshadowed al
to-day. It is the one subject o
cussion and speculation on Lon
Carman Telia Old Story.
Next, to her in importance as i
ness was Dr. Kdwin Carman. Hi
the second witness to be called.
night Mr. Smith chang?d bis
About requesting the physician to
a waiver of immunity. He had li
further into the law and bad rei
ihe conclusion that Dr. .Carman \
gain no immunity for himself by
fying in n case which involve
charge against him.
It took an hour and a quartei
the physician to give his htory t?
iurors. It is understood to-night
be made no amplification. He tolr
juror? just about what he had toll
district Attorney and the Corone
the inquest, and nothing that shed
new light upon the case.
The first witness waa G. Fairfle
surveyor, w-ho had prepared charts
maps of the Carman bouse, lawn,
office and the outbuildings, etc.
Dr. Carman and Calla Coleman *,
followed by Madeline Bailey,
pretty seventeen-year-old daughtci
the murdered woman. William D.
ley, her father, escorted her to
grand jury room and did his besl
comfort her and keep her calm ur
all the excitement of the crowd
; ihe swarm of photographers who ?a
. Miapshotting every one connected v
Madeline's testimony, it is said,
?imply to do with her answering
telephone when the Bailey house ?
called up the night of the ?hoot
from Dr. Carinan'.-, residence, and
Biiley was told that his wife had bi
William D. Bailey followed
daughter. He told of receiving the t
ephone message and of going over
Freeport and finding there that 1
wife was dead.
The seventh witness was Mrs. Ki
b?U, a cousin of Mrs. Bailey. It
??aid she testified that Dr. Carman v
ited her house in liempstead when h
husband was ill and that Mrs. Bail
vas there then.
Archie Post and George Colder we
the last two witnesses. The testimot
of Golder, at first considered so in
ferial to the state, had lost its impo
tance long before he went to the grar
jury, by reason of his signing an an
davit for Mrs. Carman's counsel awea
ing that he had been mistaken in muc
of the testimony he gave before th
It became still more inconsequent'?!
after Celia had related her story. Wlu
h? told the grand jury today is no
known, but it is known that the Dis
triet Attorney did net care what stor
Golder might tell.
To Call Autopsy Doctors.
Th? witnesses whom Mr. Smith in
tends to call to-morrow are the phy
? icians who held the autopsv Pis
Runde, Phippa and Grimmer and
Coroner Norton. If there is ?ime for
more Mrs. Powell, sister of Mrs. Car?
man: Elwood T. Bardes, at first con?
sidered the statp's ?tar witness, and
Mrs. Variance, the elderly nurse of
whom Mrs. Carman became jealous and
whose ears ?he boxed, may be called.
District At nth has not fully
made up Ins salad whether to pi ran
Mrs. Carman to | , u night he
was still fearful that if ?he were al?
lowed to appear before the grand jury
a claim for immunity might-be made!
on some tachoieaiity, Until .he has
?*-??"-?nced_?jyr|i?clf that,no auch claim I
ran poaaibly stand ha will ba Cowl I ling ;
for ner to teatlfy.
The exhibits in tha case, Including
the bullet. Mrs. Bailey'? handbag and
the medicine given her by Dr. Carman
the night of the murder, will alao be
introduced to-morrow. There is noth?
ing more than a bare possibility that
Mr?. Carman will appear during th?
The District Attorney to-night said
he was sure his office had succeeded in
locating one of the two women who
disappeared from Dr. Carman's offi.e
when the shot was fired. He thought
he could find the second. A subpoena
already has been issued for the one
"Their testimony, if verified," he
?aid, "will b? important only aa con?
tradicting and refuting parts of the
caa? built up by the defence. They are
both local women and live In the */i
cinity of Freeport."
The District Attorney baa consented
to permit Mra. Carman'e attorney to
bring witneasee before the grand Jury
in an attempt to discredit th? teati
mony of Bardes concerning his move?
ments on the nicht of the shooting.
Mr. Smith will not permit the intro?
duction of witnesses to attack Bardes
in any other manner.
It also became known to-night that
in a converaation between Dr. ("arman
and Mr. Levy on the on? aid? and
Sheriff Stephen P. Pettlt, District At- ,
torney Smith and Assistant District
Attorney Week?, Mr. Carman ?aid,
concerning th? three shot? ho had re-i
ported were fired Bt him on? night
while he was out automobiling with
"You know, I am not eo aura that
there were Bny shots fired at me. 1
have been thinking about it a great
dea?. I told you from the first that I
thought at first a tire had blown out.
lit occurs to me now that those ?hots
might have been merely on? of
RUNCIE SAYS MRS. CARMAN
TOLD HIM OF DICTOGRAPH
Dr. William H. Hinict? admitted to?
night that Mrs. Carman had revealed to
him the night. Mrs. Bailey waa shot'
that she had placed a dictograph in her
"I didn't think the fact that ?he con?
fessed that night that she had put in a
dictograph was of anv importance," he
said. "I cannot see yet why the public
connect the murder of Mrs. Bailey with
Mrs. Carman. I did not and I do not
now see that it has any bearing on the
case. I did not tell the District Attor?
ney or the authorities when they talked
with me that Mrs. Carman had revealed
her secret to me, because they did not
titti me. While it is out of the ordi
i a****, I cannot seo why so much im?
portance is given to it.
"Mrs. Carman told me of It when, at
Dr. Carman's request, I went up to her
room to quiet the women. This was
some time after the shooting. Mrs.
Carman said to me, 'I have a dicto?
graph in the doctor's office, but please
don't tell any one about it. Don't tell
the doctor. I fear the authorities will
"I told her I did not see any reason
for telling the doctor, and I would re?
main silent. I did remain r.ilent.
"The next day, in my presence, Mrs.
Carman told Dr. Carman about the
dictograph. Dr. Carman, after ?he had
told him about it, said he considered it
a very foolish thing."
Dr. Runcie on Saturday told a Trib?
une reporter, in the presence of two
witnesses, that he was Dr. Carman's
intimate friend. To-day, however, he
changed this by saying that he had
known the doctor for only about
three years. In that time ho had been
called to the house only on profes?
Has N'ot Told Smith.
Dr. Runcie aaid he had not yet offl
eially notified District Attorney
Smith of Mrs. Carman's admission.
Describing th? incidents after Dr.
Carman called him from his home, Dr.
"I ran out of the house, and it was
light enough for me to see Archie
Wallace in his car hurrying Dr. Car?
man's father-in-law home. Archie had
his lamps lighted, though it was lighl
enough. I yelled jokingly at him, 'Get
out of my way!' and, when I ran acros?
Dr. Carman's lawn to the side door in
the path of the car, 'In my waj
"You remember Archie testified that
the glare of the lamps of bis car fel!
on a negro girl on Dr. Carman's side
"What I've said "fixes the time. Dr
Carman called me not before 8:.'!f
o'clock, and I got over to bis oflic*
about K:35 o'clock. I went into th?
i.-'k-c. Dr. Carman was alone in then
with the body. It was lying on thi
lounge. Blood was still oozing fron
ihe mouth. I asked him what it n!
meant. He told me what had happenet
hixI that he had -sent Archie for Dave;
Bedell to identify her.
"I said, 'This is the devil of a not?
" 'Yes,' he said. 'It'll ruin my prac
tire. For God's sake, go upstairs am
quiet the women folks. They're car
rying on awful.'
"1 found Mrs. Carman unstairs 1
her room with her mother, Mrs. Conk
lin, and her sister, Mr3. Powell. Mr'
Carman had on her kimono. There i
no doubt about that, arid I'll tell yo
how I know- it was a lilmy garner
and I could sec her bBre legs. Kverv
body was excited and upset. Mrs. Cai
man said. 'Isn't this terrible? What'
we ever do?'
"I tried to calm the women, and
said, 'Mrs. Carman, don't you worry
you aren't to blame if any one gel
shot in your husband's office.'
"Finally Mrs. Carman, in lie
wrought-up state, exclaimed: 'They'
find downstairs '
"'What?' I asked., 'The dictograph
she said, and ruddenly she seemed I
grow calm and went on, 'Doctor, I hav
got a dictograph downstairs in m
"'In the name of heaven, what do
you mean?' I asked, and then she told
mo the dictograph receiver was lo?
cated in her closet.
"'What will they think if they find
itr she asked. 'What shall I do about
Doctor Advises Mrs. Carman.
"I talked with her about It for a
little while and asked what she had it
for. She said, 'I was suspicious of my
husband's relations with other women.
I heard he was intimate with them.
But no one knows I've got the dicto?
graph but mother itnd me.'
"Dr. Carman was told of the dicto?
graph the next day when I was pres?
ent upstairs in his wife's room about
5 o'clock in the afternoon. I had told
Mrs. Carman to leave the dictograph
alone, but she got nervous and took it
out that morning. I guess the dicto?
graph people got all the advertising
they wanted, but not the right kind.
Mrs. Carman was clever, I tell you, in
the way she rubbed it in.
"If Mrs. Carman murdered that
woman she is the mort dumfounding
actress I have ever seen. I've been a
doctor for years, and I've had some
experience in de.iling with people. I
think I can tell when a person is
guilty?when one is lying to me. I
tell you that no one could act the part
that Mrs. Carman did with guilt on
"Of course, I had heard Dr. Car?
man's reputation for being a lively
ladies' man, and I gained the impres?
sion from him that some enraged
husband fired at him through the
window. The funny thing about that
dictograph business was that for the
la.?-t two months the doctor had been
on his good behavior. So Mrs. Car?
man didn't hear anything on the in?
strument but what mado her feel
Tell? of Cutting Oat Bullet.
"When I went into Dr. Carman's of?
fice I was surprised to find that no of?
ficials were there. I asked the doctor
if he had notified the officials, and he
said he hadn't.
"I did cut out the bullet, as 1 had
a perfect right to do as health officer.
There is a new law in this state which
gives me the power to conduct an in
?.cstigation pirn in the absence of the
Coroner. The bullet passed into the
body a little below the right armpit
and came out four inches above the
level it? entrance in my opinion the
course the bullet ?vould have taken if
fired from Ihe window."
Coroner N??rton a few days ago de?
clared he had directed Dr. Runrle to
remove the bullet from Mrs. Bailey's
"I performed the autopsy on Mrs.
Bailey, and I tell you candidly she was
not to become a mother," Dr. Runcie
"I wish I'd never got into this thing,
and if I'd known what had happened
I wouldn't have gone. Every ?*?
thinks I know a lot more than I do.
But I told the District Attorney he
wasn't giving Dr. Carman a square
deal, because I would fix the time of
th? hooting. I tigure that the wound
would have oor.ed five or ten minutes
after the shooting until the blood
"I think it was possible for Mrs.
Bailey, though the bullet pierced her
lungs and the .' orta, to have said, 'I'm
.??hot!' That Is just what a fatally
wounded person would do.
"I have been attending Mrs. Conk
lin. She has n bad heart. She is not
going to die. I expect to have her well
enough to go before the grand jury
"A:; for Dr. Carman's trip with me
in his car Wednesday morning after
the shooting, all I have to say is that
my machine was still out of order, and
I asked him to take me to Reynold?
to sec a patient. The doctor went on
to a garage for more gas. I saw he
carrieii his black case. I saw nothing
of a pistol."
MRS. CARMAN BEGS PUBLIC
TO SUSPEND ITS JUDGMENT
This statement was issued to-night
as coming from Mrs. Carman by her
"I only ask that the public sus?
pend judgment on me until the entire
truth in regard to the murder of poor
Mrs. Bailey is known. I am satisfied
that the truth will come, for when 1
am exonerated Dr. Carman and myself
will never reft until the murderer is
"The public takes much delight in
thinking me a woman of iron nerve
when I am really crushed ui-der this
terrible charge. It is a terrible pun?
ishment I hut has been meted out to me
for the suspicions I permitted to cloud
the love I held for my husband.
"My little baby has been sent to the
home of strangers. My mother is ly?
ing at the point of death. My father
is a broken old man and my sister has
been accused of forsaking me. How
untruthful this insinuation about her
is can only be realized by one who wit
i nested my pitiful collapse after my ar
"I am innocent. I cannot understand |
why everything said by myself, ?*.** I
husband or any one connected with '
i me has been so distorted. All I ask
; of any one is fair play.
"Still, there is comfort to be gleaned
from my position. X? ver has my hus?
band nn?l myself been so closely
? united. Never before have I known .
what real friendship is. I have been
overcome with the numerous mes
s.'ij'es of sympathy that have been sent
by friends and acquaintances every?
"Poor Mrs. Duryea. My heart goes
1 out ta bar. I have seen that she
wishes to have one look at me. Surely
it.' authorities ?an arrange it so that
? this grain of comfort can be given to the
1 poor old lady. There is nothing I
v. ..iil.l'i'i do i o .-often her grief.
'?| whs not jealous of my husband.
I installed the dictograph merely to
| be able to stop the mouths of gossips
who had come to me with stories."
DOCTOR TELLS OF TRIP ON
MORNING AFTER MURDER
Dr. Carman, after declining to givi
the officials any information rcgardini
his movements on the morning aftei
the Bailey murderer to tell then
where he went that day, to-day ?**?**,
a Tribune reporter that information
The first professional call Dr. tar
man says he made in the morning wa?
nt the home of William J. McAvuy, ii
Clifford av., Freeport, to utter.-!
McAvoy, a maternity patient. Aftei
seeing her he told Mrs. Anderson of
Dr. Carman said he also visited
Colts Carpenter, at Roosevelt, and J?
Hewlett, at Freeport, on the morning
following the murder. Than were
others, he said, but he could not ra*>
member them. After returning to his
home and having breakfast he mude
another trip to Roosevelt, where lie
called on Mrs. W. !.. Cort. the wife of
Warren I.. Cort. He returned from
Roosevelt, which is about fifteen min?
utes ft.i'ii Freeport. and before lunch?
eon went for an automobile ride ?uli
Dr. Carman said be did not recall
the roads ho travelled over when he
IMM,le ?onal call- th? morn?
ing after the murder. Ww rceoilae
1 lion, he said, was equally vague as to
, just where he rode with Mrs. Carman.
Nor could he say how long they were
1 out riding. They were home, he said,
in time for lunch.
It has been realized all along that
, the doctor had abundant opportunity
to diepeee of ? revolver while driving
to \ i?it bis putients.
The officials were interested yester?
day to know just where the Carmans
went in their automobile on the morn?
ing following the shooting. The trip,
as near as can be fixed, was made
hours after the murder and, according
'.. Dr. Runcie, was after Mrs. Carman
bud told her husband she had spied
on him with the aid of a dictograph.
The country around Freeport affords
every opportunity of disposing of a
weapon. To the east is a large swamp,
through which flow innumerable
Treaty with Peru Signed.
Luna. July It. Th? American Mm
Benten McMillan, and Foreign
Munster Gazzani signed an arbitration
treaty to-day designed to cover all
ins wh'ch mav arise between the
LuiLtid States and F??.u.
National Holiday Observed by
It might have been the Bastille lUelf ,
falling, instead of the French Benevo
lent Society celebrating that event
when the orchestra ?truck up in Sul
icr's Hsrlem River Casino last night |
Fifteen hundred couples, more or less, ;
pranced out on the floor.
Th? joyous Parisians of th? year
1?89 were handicapped by their igno
lance of modern dance step?, and that <
w?a where last night's crowd had the j
advantage. During the afternoon there i
had been games and a picnic for th?
children, but the decks were ?cleared !
for terpsichorean action at H:30
At that moment President Lucien
Jouiand of the society made a low
bow near the Second av. entrance.
Vice-Pre?ldent Theodore Silier clicked
his heels and made another. There?
upon a hand appeared as if by muffic,
and, directly behind it, New York's
new French Consul General, M. Bosse
rnnt Dansladr. He was escorted to the
front of the hall and wa? cheered a?
lie made a speech.
The Lafayette Guards attended In
their gold lace and served as aids for
the dancers. The proceeds of the cele?
bration, which are expected to be in
the neighborhood of $3,000, will go to
the French Hospital, at 460 West
WAR HONOR MEN ELECT
W. B. Dickey Named Com?
mander of Medal Legion.
Atlantic City, July 14. William B.
Dickey, of Brooklyn, was elected com?
mander of the Army and Navy Mfdal
O? Honor Legion at its twenty-fourth
i.nnual reunion here to-day. Other of?
ficers chosen inclr.?fe Orvillc T. Cham?
berlain, Eckert, Ind., senior vice-com?
mander, ?nd John P. McFloy, U. S. N.
i retired), junior vice-commander. The
veterans after a lively debate approved
the bill pending in Congress providing
for them a pension of $10 a month.
Of the 2,000 soldiers and sailors dec?
orated by Congress for deeds of valor
during the Civil War but 3h0 survive.
House Committee Gives Town?
send Chance to Prove "Loot?
ing," as He Charged.
tl'rom Tlie Tribuno Bureau. 1
Washington .July 14. The House Com?
mittee on Interstate Commerce agreed
to-day to give a hearing to-morrow to
Representative Townsend, of New Jer?
sey, on his resolution demanding an
investigation of the alleged looting
of the Wabash Pittsburgh Terminal
Company. Mr. Townsend's resolution
directs the Interstate Commerce Com?
mission to conduct an inquiry into the
financial affairs of this company and
the depreciation of its securities.
Mr. Townsend spent two hours at the
Department of Justice digging into the
liles of an investigation of the com?
pany named made by the department
several years ago. lie says the infor?
mation he has collected brings in the
names of George Gould, the late E. H.
Harriman and Joseph Ramsey, jr., who
were concerned in a bond issue of the
Mr. Ramsey, who was president of
the Wabash Pittsburgh Terminal Com?
pany until deposed by opposition inter?
ests, will be introduced to the House
committee to-morrow by Mr. Town
send. Before Mr. Townsend introduced
his resolution of inquiry Mr. Ramsey
is said to have informed the New Jer?
sey member that he had grown weary
of accusations connecting him with the
alleged wrecking of the property and
he desired to tell his story.
GETS BOAT; FORGETS AUTO
Passenger Leaves Oar on
Pier; Megaphones for Aid.
The steamer Berkshire, Bound for
Albany, was pulling into the 137th st.
pier last evening when a man, a woman
and two children dashed up in an au?
tomobile. As soon as the gangplank
was down the man, with the woman
and children went aboard.
He didn't reappear until the Berk?
shire was 1 '?0 yards on her way up
river. He came down on deck in
three bounds and begged the captain
to stop the boat. He was assured that
nothing could be done and that he
wa? in for a restful ride to Albany.
He then shouted through a mega?
phone, asking some one to take care
of his automobile at the pier. Ser?
geant Frank Dunn, of the West 125th
st. police station, assumed charge of
the machine. It bore the registry
number 40401, which is that of Frank
H. Petersen, of 439 East 136th st.
PUBLISHER IN DIFFICULTY
Sinclair Tousey Files Petition
Sinclair Tousey, whose disagree?
ments with the other two stockholders
in the lirm of Frank Tousey, Inc., pub?
lishers of periodicals, have kept him
in the courts recently, has tiled a peti?
tion in bankruptcy. He gives his lia?
bilities as $140,51?:* and assets as $5 ?j5
in cash and 250 shares of stock in the
A month ago Tousey asked that the
corporntion be dissolved. He said that
in 1909 he and (ieorge Gordon Hast?
ings entered into an agreement where?
by Tousey deposited his 250 shares
with the Mercantile Safe Deposit Com?
pany as collateral for the payment of
a note of $44,531.
Since then Mr. Hastings has died.
His daughter, Norma, owns ten shares
of stock and Harry E. Wolff, the treas?
urer, owns 240 shares. Tousey charged
that the young woman and Wolff con?
spired to injure the company's busi?
ness and force him to turn over his
RAISE CLAIM TO $433,255
Merritt, Contractor, Sees Al?
leged Shortage Doubled.
An amended claim submitted to
Judge Stephen Thayer, federal referee
in bankruptcy in Yonkers, yesterday
raised the alleged shortages of Henry
C. Merritt, former Supervisor and
'lammany contra-tor of East Chester,
now under indictment on a grand
larceny charge, from $227,000 to $433,
The Westchester County Research
Rjreau found alleged defalcations of
8227,000 ?-ix months ago. Yesterday E.
P. Hoes, counsel for the town, sub?
mitted the amended claim against Mer
ritt's bankrupt estate.
Merritt went to the wall In carrying
out state highway contracts after Gov?
ernor Sulzer began prosecuting high?
Atlas Co Buys Theatre.
|l?> T?-I??stai.h to The Tribune I
Hartford. Conn., July 14. The Atlas
Theatres Company, of New York City,
to-night acquired the Star Theatre, in
this city, and immediately closed it for
improvements. It seats 2,000. and was
itiiihed this spring. It will be re?
opened about August 1 as a model mo?
tion picture bout?, tsuamed the Atlaa.
JOHN L. BILLARD.
BILLARD ABOUT TO
QUIT NEW HAVEN
Continued from page 1
as to how little ground there is for
asking any New Haven director to pay
the company anything. They were
i building for the best, and if let alone
and allowed to w?lk and develop the
properties they acquired for their
stockholders results in a few years
would have justified them. Take the
trolleys alone. If it hadn't been for
the earnings of the trolleys, the road
would have been in the hands of a re
! ceiver this year.
"It is absolutely unfair to talk about
the increase of the capitalization of
the road from $9:.,000.000 to more than
1 $400,000,000 in ten years without say
i ing something about the expansion of
the road in that time. In 1MI the New
Haven owned 400 miles of road and
leased as much more. To-day it owns
7,000 miles of road. F.vcn public offi
> eials should be fair in such matters,
; though the inquiry, as in this case, be
Nothing was forthcoming from the
offices of J. T. Morgan & Co., where
1 until Saturday last examiners of the
Interstate Commerce Commission were
supposed to have been at work. The
' failure of the examiners to get evi?
dence of wrongdoing there was appar?
ent from the start, when Joseph W.
Folk, counsel for the commission, was
told that he could have everything in
the office relating to New Haven af?
fairs and its subsidiaries, but that he
could not indulge in what lawyers, for
want of a better term, describe as a
It is the closed season on the books
' of private customers of the firm that
the commission in its report objects
to, though it was held by the Supreme
Court of the United States in the cot
; ton pool cases that a broker has no
right to allow the indiscriminate over?
hauling of private accounts, even by
a grand jury.
Those familiar with the affairs of
th?; Morgan offices and the conduct of
the examiners while there assert that
at no time did the men seem to know
i what they were after. Apparently they
! were proceeding on the theory that.
an indefinite something might be
, found. At no time, it is said, was any
reasonable request of the examiners
District Attorney Whitman said
yesterday that thus far the Interstate
Commerce Commission had not fur?
nished his office with any transcripts
' of evidence or anything upon which an
investigation could be based.
"If anybody has any evidence that
anybody else, or any group of any?
body elses, has been stealing all the
millions talked about from the New
, Haven or any other corporation or
individual," said the District Attorney,
"this i> the place for him to come.
This office does not care who he is or
whom the information may hit. But
under the law we must have evidence
on which to base a prosecution even
of a railroad director. The moment
that evidence, or leads that will show
where that evidence may be had, comes
to this office that minute the work
Howard Elliott, chairman of the
New Haven, did not arrive in New
York yesterday. He is in close touch
with the situation, however, and is as
anxious as any one to clear up the
It is not considered likely that any
definite action will be taken at to?
morrow's meeting. The question is too
big for hasty action, but it will be
thoroughly canvassed; and it is quite
among the possibilities that the com
; mission will be asked to favor the com
; pany with any Bnd all evidence of
wrongdoing it may possess that is not
i part of the records of the inquiry. It
is also probable that the answer of the
\ present management of the road to
the commission will be made public.
Francis Lynde Stetson, who Mellen
in a magazine article said acted for
the New Haven and the Trust Company
of America interests in the West
chestcr deal, issued a formal state?
ment yesterday to the effect that Mel?
len i:; in error. Mr. Stetson did repre?
sent the New Haven in the matter,
t but Oakleigl. Thome and his asso?
ciates were represented by William F.
Sheehan. of the then law firm of Par?
ker, Hatch & Sheehan.
ENGINEERS^ ON LINKS
Conwell Wins First Prize in
Monthly Golf Tourney.
W. L. Conwell won the first prize in
1 the Class A .wosomes at the regular
monthly meeting of the Engineers'
Club, of New York, held over the Long
wood Country Club links yesterdav
afternoon. His card was 82 8 74. C.
! Young took second honors, at 88-10
I - 78.
Eighty-five members attended the
meeting. Four-somes were played in the
- morning, aggregate scores counting.
! Richard Devins and E. N. Chilson
turned in the winning card. 179 41
138, with B. G. Braine and C. E. Bailey
next in line, with 200 f>5 145.
Prize.- also were awarded in classes
, B and C In Class B. K. I. Small was
successful, with 81 17 ?SU. and F.. V.
CkUeea ?-u right on his heels, with
fi 16 H, Mr. Small's handicap gave
big* a score which brought him bc
, low the par for the course, so the com?
mittee raised his score to fi?. M. A.
Scheffier was also allowed a 68 in Claaa
C, although he went around in 100
M 64. G. M. Thomaa waa second in
Claas C, with 94 23 71.
The next meeting of the club will be
held at Garden City.
Small Fire on Steamer ?Albany
Poughkeepsie, N. Y., July 14. When
! the Hudson River Day Line steamer
Albany waa on it? up trip this after
, noon tire waa discovered in
j kindling wood in the boiler room.
Streams were at once played on the
blaze aud it waa quickly extinguished.
The passengers knew of the tire, but
there -waa ao *>a*ua>
NEW "SLATE" DEAL
DENIED BY BARNES
Says No One Can Predict
Action of Republican
GIVES A FEW FACTS
Asserts He Will Cast Ballot on
September 28 for Men Best
Fitted for Office.
"All talk of combinations, deals, etc..
is wide of the mark, because there is
no man, to my knowledge, In the state
who can predict what" action the Re?
publican electors of the state will take
when they vote on September 29," said
William Harnes last night when asked
about an alleged slate published in an
The putative slate, headed by Dis?
trict Attorney Whltmsn for Governor.
Eugene M. Travis, of Brooklyn, for
Lieutenant Governor, and James w,
Wadsworth, jr., of Livingston, for
United States Senator, according to the
story, had the approval of the Repub?
lican state chairman.
Later Mr. Barnes issued the follow?
"Constant misinterpretation of the
provisions of the election law make it
appropriate that I should set forth to
the Republican electors of the state a
few salient facts.
"On September 28 622,000 enrolled
Republicans o* the State of New York
are entitled to vote for the purpose of
making nominations of the Republican
portea for all offices to be filled by the
"Candidates for a state office to be
voted for at that primary election must
file their petitions containing at least
.1,000 names before September 8. After
that date no other candidates can have
their names printed on the official
"The state committee and the vari?
ous county committees of the state are
prohibited by law from expending one
cent of their funds in behalf of the
nomination of any candidate who may
present himself through petitions to
the enrolled electorate of the party.
"The Republican State Committee,
furthermore, is prohibited by its rules
from indorsing or favoring any candi?
date for public office for nomination
at a primary.
"As chairman of the Republican
State Committee I purpose to be guid?
ed by the letter of the statute and by
the letter and spirit of the rules of
the state committee.
"As an enrolled Republican elector
of the County of Albany I shall cast I
my ballot on September 28 for such
candidates as I believe are best fitted
| for the offices to be filled."
MAY NOT Il-IDICT
N. H. DIRECTORS
Department of Justice Will Not
Decide Pending Dissolu?
Washington, July 14. Final determ?
ination of the questio.i whether crim?
inal indictments shall be sought by the
Department of Justice against direc?
tors of the New Haven Railroad prob?
ably will not be reached until the con?
clusion of the negotiations for a peace?
ful dissolution of that system. The
fate of these negotiations is said to i
depend largely on the action of the
New Haven board at a meeting in New
York on Thursday.
The department cannot reach the
N.w Haven directors for any of the
financial transactions which brought
on their heads the condemnation of
tue inter?nate Commerce Commission.
It can act only through the anti-trust :
law, which has .. section making it a
criminal offence to enter into a con- ?
??piracy in restraint of trade. Past ex- I
penence with this section has not en- '
couraged federal law officials to ask in
! dictments for directors or other of?
ficials of alleged combinations which j
' it sought to dissolve. Juries have been
loath to render verdicts of guilty and
, judges have not been disposed to im?
pose prison sentences. The widespread
publicity given to the New Haven case,
however, and the unqualified assertion
of the Interstate Commerce Commis?
sion that the directors of the New
Haven knew that they were acquiring
and combining competing properties
? may put a different aspect on this
It has been known for months that
the Department of Justice has had a
great amount of information concern?
ing the New Haven, much of which is
in accord with the information secured
by the commission, but some of which
is said to contradict testimony given
by prominent witnesses at the com?
mission's investigation. This contro
dictory evidence was not accepted by
the commission, but if indictments are
sou. 't it may be laid before a grand
jury to settle the question of whether
immunity ha?? been given to witnesses
who helped the commission. If a con?
tradiction is shown clearly, some of?
ficials believe, immunity may not be
It has been well understood in ad?
ministration circles that the depart
i ment is anxious to get the civil disso
! lution of the New Haven out of the
; way before it takes up any other phase
of the case. According to the depart?
ment theory of the matter, the New
Haven grip on the transportation of
New England is absolute, and it is
more imperative that it be broken than
tha? a few indictments be asked for
which could not in any way restore
\ competition to that section.
Springfield, 111., July 14.- Following
the sensational developments in the
goveinment investigation into affairs of
the New Haven Railroad comes the re?
port of Insurance Superintendent Rutus
M. Potts, showing the extent to which
insurance companies doing business in
Illinois arc affected. It shows that
forty-three outside fire insurance com?
panies operating in Illinois hold stocks
and bond.- in the New Haven Railroad
amounting to $?i,907,000, not including
investments in the many subsidiary or?
? "The companies have reported this
I wer less stock to the department at
the above figure," Superintendent Potts
The headquarters of most of the com?
panies are in New York and the New
England States, and Superintendent
Potts says that for these companies to
approximately >7,000,000 of
worthies, paper is a circumstance that
crnnot be overlooked, and he is pre
?cnting his conclusions to the l'nited
States government investigators, asking
that they extend their inquiry to in?
clude the transactions of these com?
panies with this railroad as shown by
i "their enormous so-called 'invest
GLYNN JUDGES UPHELt
Appointment of Hylan and R<
Albany, July 14/ The Court of A
peala held to-day that the appon
ment of John F. Hylan and Robert
Roy aa county judges of Kinga Coun
by ?Governor Glvnn waa valid. This .
cialon reverses the Appellate Divish
Th? judge? were appointed recent
by Governor Glynn to "111! vacanci
in two offices that had just been ci
ated and never had been tilled.' T
court held that this was proper ai
there was no necessity of waiting f
an election to choose the first ti
men to fill newly created judgeshipa.
HELD ON FORGERY CHARG
Lawyer Accused of Signii
Daniel Handler, a lawyer, of 189 S
ond av., was arrested yesterday in ti
Essex M irket court on a charge
forging the name of Magistra
Murphy to subpoenas calling for wi
nesses in the case cf Louis Kellt
Handler told the court that he w
not aware of the fact that he was doii
wrong, and that it was a common pra
tice with lawyers in the Municip
courts to sign subpcenas.
"If you did not know that you we
doing wrong and that the Crimin
Codo does not permit auch a thin
then you are not fit for the bar," r
plied Magistrate Murphy.
Handler waa held in 11,000 bail f(
examiniiion to-morrow before Magi
DELAY OF BUDGET
LAID TO WILSOI
Precedence of Tolls Bill Ove
Sundry Civil Excuse of
ffroni T1*.*. Tribuns Bureau!
Washington, July 14. In a speech i
bis own defence in the House late t<
day, Representative Fitzgerald, chaii
men of the Appropriations Committe.
plfced responsibility upon the Pr?s
dent for the delay in the passage c
the annual appropriation bills. M
Fitzgerald did not refer to the Pr?s
dent by name, but the inference w?
unmistakable when he asserted tht
"distinguished gentlemen" had insiste
that the tolls repeal bill and the trui
programme take precedence over au*
Mr. Fitzgerald's peppery speech wa
caused by an attack urion "Democrati
inefficiency" by Mr. Gillett, rankiu
Republican of the Appropriations Con
n'ittee, who commented upon the fa<
that it has been necessary to ador
resolutions continuing the old appr<
priations for several government d<
partments. "We always knew that th
Democratic party was incapable of ac
ministering the affairs of the goverr
ment in an efficient manner," said Mi
"I assume no responsibility for thi
delay," replied Mr. Fitzgerald. "
strongly urged that the legislative bil
be given precedence over the tolls re
peal bill. My advice was not heedec
I pointed out to certain distinguishe
gentlemen the dancer that would at
tend givine the tolls bill the right o
way over the legislative budget. Agaii
I protested in caucus against the rul
adopted giving the trust bills prcr-e
?lenre over the sundry civil bill. M;
advice in that particular was i?*nore<?
The responsibility for the delay lie
elsewhere, not with the Committee oi
The debate developed that during th
sixteen years the Republicans were ii
?ontrol of the House, from 1897, th'
appropriation bills had been passed oi
schedule time. "During those year
the House business was administere.
in n business like manner," said Mi
Karlicr in the day Mr. Mnnn liai
refused unanimous consent for th
consideration of a resolution continu
ing the old appropriations covere
by the sundry civil, legislative, Ind
ian and District of Columbia budgets
This so frightened the Democrats tha
hurried Conferences were held and ai
agreement reached on the District an.
legislative budgets, leaving only th
sundry civil an?! Indian bills dead
locked in conference. Mr. Mam
threatened to force the Rules Com
mittee to bring in a special rule fo
the adoption of the continuing reso
Inasmuch as Democrats of the Rule
Committee are dodging a meeting be
cause of the fpar of enforced actioi
on the suffrage and prohibition reso
lutions, the majority members were ii
Unanimous consent finally was ob
taincd to continue for an additiona
fifteen days the appropriations cov
ering the Indian service and the sun
dry civil requirements of the govern
picks anti-wIlson mai\
Gov. Fielder's Vote Gives
Smith Choice Berth.
(H> Tel"?ra[h to T'io Tribune.)
Trenton, N. J., July 14. The vote ol
Governor Fielder to-day landed John A
Smith, of Caniden, a stanch anti-Wilsoi
Democrat, into the choice job as custo
dian of the State House. Kdward Y.
Grosscup, Democratic state chairmar
and a warm friend of President Wilson
voted against Smith's selection.
The Governor, Stato Controller Ed
wards and Mr. Grosscup, who is State
Treasurer, make up the commission
which -elects the custodian. The Con
troller is known as an anti-Wilsori
The action of Governor Fielder cann?
as a surprise because he is known as s
close friend of the President. It is un
derstood. however, that his enmit>
toward Joseph P. Tumulty, the Presi?
dent's secretary, because of his affilia?
tion with the W'ittpenn faction is re?
sponsible for the Governors action.
Youths Who Annoyed Girl Get
Twenty Days Each.
Louis Riccio, of 341 Fast 115th ?t.,
and Louis Scconio, of 306 Pleasant a**,
both twenty-two years old, were sen?
tenced to twenty days i*i the work?
house last night by Magistrate Corri?
gan after they had been brought into
court on the complaint of Katherine
Washington, seventeen years old, who
said that tl-ye men had annoyed and in?
sulted her at the recreation pier at
113th st. and the East River.
The girl, who lives at 305 East 11??,i
?t., said she left her home last even n<r
in company with her little sister for a
walk. When they reached the pier the
men accosted her and she ran from
them. Later they came to her again
and tried to strike up an acquaintance.
When ?he refused they took her by
the arms and tried to lead h<v away
from her sister. Becoming frightened
she screamed, and her cries brough* a
policeman. The defence offered by the
men was that they thought they anew
Bribe Taker Dropa~Dead.
San Francisco. Julv 14. Michael W.
Coffey, firat of the supervisors to be
convicted of bribe taking in the San
Francisco graft trials, dropped dead
in a hospital here to-day while he ?vais
waiting for a doctor to examine his
daughter. After his conviction, on
! February 17, 1909, Coffey fought his
eaae to the Supreme Court and it did
I not come to trial again.
ATTACK ON SARNES
No Letter Sent by Him
to Colonel Roosevelt.
T. R. SILENT WHEN
ASKED A30UT NOTE
District Attorney Asserts Cam.
paign Will Not Be Man.
aged by Barnes.
District Attorney Whitman yester?
day again denied that he had written
a letter attacking William Barnes, jr.
which, it was reported from Oyster
Ray, had been submitted to Colonel
Roosevelt by Charles H. Duell, Jr.,
who, acting on his own initiative, tried
to obtain the Colonel's indorsement of
Mr. Whitman's candidacy for the nom.
?nation for Governor.
The District Attorney further as?
serted that he never had drafted any?
thing like the letter In question or
knew of the existence of any such
Colonel Roosevelt's only reply to
Mr. Whitman's repeated denial last
night was a refusal to discuss the
matter in any way.
Incidentally, Mr. Whitman said he
would go into the Republican pri?
maries regardless of what Mr. Barnes
thought of it, and added that If 3,000
Progressives announced themselves ad?
vocates of him in the race for Gov?
ernor he would probably go into the
Progressive primaries as well.
Whitman Fresh and Smiling.
The District Attorney was in perfect
health after a week end at Newport.
He was smiling when the newfipaper
men called upon him at his office.
"Have you ever written anything in
the way of a statement, letter or
other document that might be con?
strued as being of the nature de?
scribed in the recent reports?" he was
The reply was emphatic and defiant. !
"I have not. You may make that as
complete and as broad as you wish.
I have never written anything that
might be so construed. I have not
written to Mr. Duell in three months.
I did not see Mr. Duell in Newport"
"Did you ever write anything to the
Whitman Non-Partisan League?"
"I did not. I have never heard ef
that league. Hence I could not hsve
written to it. I repeat there is
nothing from me that any one can
give out. Progressives nor any one
else have anything from me. I do not
deny that they may have received
something, but whatever they had is
not from me, and I had no hand in
its preparation, and know nothing
about it. I think that ought to be
"Do you think that there may hs
something from Mr. Duell that caused
"I do not. Mr. Duell does not repre?
sent me. I speak for myself."
Barnes Story Denied.
A story in an evening paper inti?
mating that the District Attorney had
a*k".t .Mr. Barnes to manage his cam?
paign was called to his attention.
"Mr. Barnes." said Mr. Whitman em?
phatically, "will not manage my cam?
paign. I have not asked him and do
not intend to do so."
"The story says you dined with him
recently at the I'nion League Club."
"I have never dined with Mr. Barnes
in my life. I repeat what I have said
a thousand time.? on the platform, that
I am not subservient to Mr. Barnes and
never will be. I am going into the
primaries, and I believe I am likely to
get the nomination. Mr. Barnes cannot
give mc the nomination and he cannot
stop me from getting it. The people
have that to say. And if 3,000 Progres?
sives say they want me I shall proba?
bly go into the Progressive primaries
Oyster Bay. July 14.?When Colonel
Roosevelt's attention was called to Dis?
tritt Attorney Whitman's d?niai to?
day that he wrote a letter, or draft of
a letter, attacking William Barnes, jr.,
the Colonel declined to discuss the
matter. It is understood that ii: u
short time friends of Colonel Roose?
velt intend to make the letter public.
It was pointed out that District At?
torney Whitman, though he had pre?
vious opportunity to deny that Charles
H. Duell, jr., represented him on any
of his tri'is to Sagamore Hill, did net
?io so until recently, when th? exist?
ence of the Barnes letter was made
known publicly. This is considered
sign meant by some of ths Colonel's
Colonel Roosevelt interrupted his
rest cure for several houra to-day t?
arrange a celebration in honor of the
arrival at Sagamore Hill of hU ?on,
Kerniit, recently married in Madrid,
and his bride. They will arrive to?
morrow evening and meet Colonel
; Roosevelt after he returns from New
Colonel Roosevelt will go into ths
? city to-morrow and confer with some
: of the state leaders at Progressive na
! tional headquarters concerning the re?
quest of the New York leaders that he
run for Governor this fall. He may
m??et Progressive leaders from other
states. After the conference he ei
! pecta to take luncheon at the Colony
: Club with some of the women inter
( -'.'.| in the social service work of ths
GIRL'S IMAGINATION BIG
Police Hold Story of Negro's
Attack on Child Unreal.
Lakewood, N. J., July 14.?Ths ao
! thorities are now satisfied that the
1 only trouble with seven-year-old Clara
I Hauptman, whose story of being at
1 tacked by a negro in the woods caused
an all-night hunt with bloodhounds, i*
j too much imagination.
When John Wright, of Point Pic?-"
ant, who might be mistaken by s child
for a negro, was arrested to-day, Clsra
denied.he was the man. Wright ssid
he was picking berries when the girl
, came along and that, on seeing him,
she ran away screaming.
The man proved it was Clara hs had
' seen by saying she carried an um?
brella, which the girl had not previ
; ously mentioned. The police believe
Wright is telling the truth, but are
i holding him for further investigation.
Object of Organization.
The New York Stats Proportion?!
Representation League was organized
at the Albemarle-Hoffman Hotel ls?t
night. The league proposes to conduct
| a campaign to get s plank favoring pro?
portional representation in the plat?
forms of thi- various political parti?,
this fall. Clarence C. Hoag, secretary
of the American Proportional Repre?
sentation League, addressed ths meet?
Among others present were Asaem
hlyman Clinton E. Fisk, of New Jersey,
? John E. Kastmond, former Water Keg
? ister of Brooklyn, and Samuel J. Roaen
aohn, chairman of the Progressiv?
I Party plstiorm commit???*-.