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THE WEATHER FORECAST.
or snow to-day and colder, with south-
t to northwest gales; fair to-morrow.
lied weather reports will be found on page 13,
VOL. LXXIX. NO. 175.
PRICE TWO CENTS.
NEW YORK, THURSDAY, FEBRUARY 22, 1912. Copurlahl. 1012. by the Hun Printing nnd rubtlthino Auoetalhn.
Justice Clernrd Holds
BAIL TO BE ALLOWED
New Trial Ordered, But Ap
peal May Alter Aspect
of the Case.
SWIFF APPEALS TO DIX
Wants the Whole Case Disclosed
at tho Governor's
CARMODY ADVISES PARDON
The Gocrnor Refuses to Art Eiccpt ou
Judge Hand's Report
Fupreme Court Justice Gerard sus
tained yesterday afternoon tho writ of
lule.n corpus in tho case of Folko K.
Brandt and ordered a new trial for Brandt
mi the ground that Judge RosaUky erred
in accepting Brandt's plea of guilty of
burglary In the first degree when the pris
oner, upon being examined, denied that
he was guilty of that crime.
Out of courtesy to Gov. Dix, Justice
Gerard waited until I P. M. before handing
down the decision No word having
come from tho Governor up to that tlmo
that Brandt had been pardoned or that
a pardon would bo issued, the Justice
felt constrained to act himself. Ho
larned in the nfte-.noon that Attorney
(ieneral Cnrmody's arguments had failed
to hasten the Goi ernor's action and that
there would bo delay whichever way the
Howovcr, the decision of Justlco Gerard
was not tiled yesterday and will not lo
tiled to-day, since to-day is a legal holi
day. Therefore tho order remanding
Brandt for a new trial and establishing,
rending appeal, his status as a man in
dicted but not actually convicted Is not
yet on record. Provided that the Gov
ernor concludes before to-morrow morn
ing to free Brandt he can do ho without
any question arising as to his power to
pardon- a -man who is not legally a con
vict. HAIL TO UK OFFKUKI)
Brandt, who Is now in tho Tombs, may
be released on bail to-morrow. An ap
plication will be mado to-morrow morn
ing to Justice Gerard asking that ho fix
liail and order Brandt's release When
Ihe young Swede was arraigned in March,
1907, on Mortimer L. Schiff's complaint
ihat he had committed burglary and
aixautt, Charles S. Whitman, ti.cn a
Magistrate, held him in 12,500 on each
rharge. It was indicated yesterday that
District Attorney Whitman will not press
lor heavy bail now. He may accept a
unall bond or consent that Brandt be
released in custody of his counsel. Tho
District Attorney does not seem to think
that Brandt will hurry back to Sweden
to go into business, He needs Brandt
in the conspiracy inquiry.
POWER TO PARDON NOW.
Immediately after Justice Gerard's
decision became known the question arose
as to what effect the decision had on the
Ocuernor's power to ardon and on tho
tardoti inquiry begun by Judgo Hand.
District Attorney Whitman said last
iKht that it seemed clear to him that
executive clemency cannot bo exercised
alter tho Supremo Court order is
led Justice Gerard, said Mr. Whitman,
indisputably knocks out the conviction
and puts Brandt back in the courts for
'i ml on the two indictments against him,
UiirgUry m tho first degree and felonious
ai-.-iult According to tho District At
torney, Brandt stands now as if there
lud ni'ver been any court proceedings
.ie the arraignment in police court and
tne .T'tion of the Grand Jury, Tho Attor-
i tydorierul thinks tho power to pardon
ri mains with tho Governor.
H ITOSK TUB IWCIBIO.V IH IIP.VKRHKD.
The District Attorney announced that,
joining with Attorney-General Carmody,
I"1 will appeal from Justice Gerard's
d'ciMon that habeas corpus proceedings
arc a proper remedy for tho victim of
judicial error. Tho appoal will bo made
just us soon as District Attornoy Whit
man mid Attornoy-GeneralCarmody can
lt together to framo tho points of their
brief The appeal will be resisted by
Mirahenu L. Towns, Brandt's counsel.
H"tn the Attorney-General and the Dis
t c. norney fcei that their official posl
li'ti requires them to test tho legality
el Justice Gerard's decision1, although
".''J- agree with JuBtlco Gerard that
Brandt w,ia improperly sentenced. The
"pinion was voiced last night by lawyers
Uia tlirro are more chances that the
ln i-iori will bo reversed thun that it will
he sustained. In that event, and provided
ha Gov Dix doesn't pardon Brandt,
Brandt could renew his application
be for- another Governor when one
is ek.ftfd Justice Gerard held yesterday
that Judge RosaUky's action on February
13 citing aside tho conviction and open
ing Ihe way for a new trial was as void
his action on April 4, 1007, when ho
MMeneed Brandt. If the Appellate Dlvl
kjii sustains Justice Gerard tho District
Attornoy will undoubtedly aoquiesco In a
motion by Brandt's counsel that all the
indictments against Brandt be dismissed.
The decision of yesterday by no means
"its the legal knots in Brandt's case,
the Attorney-General and the District
The procedure would le, If Justice
Gerard li upheld, to ask for a dismissal
"f tho Indictment for burglary in the
lirn degree on the ground that there was
'"I evidence of guilt and to ask that the
ConHnuttf on Filth Page.
PREVIOUS ARREST OF BRANDT.
Dr. J. XV. Robinson of Philadelphia Ac
cused lllm of Theft In 10(M.
Philadelphia, Feb, 21. Dr. James
Weir Robinson of 320 South Sixteenth
street says that ho hurt Brandt arrested
tor theft in Philadelphia In 1905.
"I employed Brandt In 10O5, " ho wild,
"as my valet. I was then living nt No.
402 South Broad street.
"Brandt told mo that, ho had left Sweden
because ho wo In trouble over the theft
of somo school books. Ho did not like the
colored help here and ho began prepara
tions to leave. At tho samo tlmo I found
that ho had stolen my clothing, had gono
to patients whoso names ho secured from
my account books, und had collected
money from them that ho failed to turn
over to me; In fact had stolen wherever
ho had a chance,
"In all ho took about 200 worth of
Roods. I had him arrested and ho spent
two weeks in Moynmenslng. I recovered
most of tho stolen Roods, partly through j
tho proprietor of the place where Brandt
boarded, who notified mo that tho valet s
room was full of clothing and valuables.
Brandt wrote mo ft letter begging for for
giveness, promising to leave the city If I
let him go. I withdraw the prosecution
and ho left Philadelphia."
Dr. Robinson is well known In this city
and says ho is absolutely sure that Brandt
is the man who worked for him. Ho says
n representative of tho District Attorney
In New Vork called on him about ten days
or two weeks ago and he told tho story.
POPE FORBIDS DUEL
Nephew of I.eo Mil., Commander
I'apul Guard, Challenger,
.serial wtrrltit Despatch fuTim Hex.
Home, via Glace Bay, Keb. 21. Count
Peccl, n nephew of tho late Pope Leo
XIII., who Is commander of tho Papal
, wno is coinmanuer n 1110 l apai
Palatine Guard, has challenged iW.co
Altteri to tight a duel. Cardinal Merry
7, , . , , ,
w the Papal Secretary of State, has
written a letter to Count Peccl forbidding
tho duel and exhorting him not to cause
deep sorrow to Ihe Pontiff.
Tho trouble arose over an altercation
at cards. Count Pecci lost honvl ly
flnnllv pnt Into n hpntivl rllftrMiMMlrm wltii '
the Prince. Tho Count insulted the
Prince and the latter slapped hU face.
The arrangements for the duel have
been sttsended. owing to the papal
prohibition, but Count Peccl insists on
fighting to the last.
Ho holds that his honor has been com
promised and unless he Is allowed lo
fight he will resign his command of the1
lapni t.uarus. mentis oi pom panics
are hopeful, however, of being able to ,
bring about n reconciliation. I
The Pore has been greatly Krieved
by tho quarrel, which the anti-cloricals M,niltt(,r from Colombia wrote his ex
are bound to misconstrue, it is reported ,niiin, i,,nr Miiniimi sv...rnt.rv r
that ho has summoned Count Pecci to tho
Vatican and will tell tho latter that it
would please him (Pius X.) very much
If ho wouldigivo up Ihe duel.
WOMAN KILLED BY JOY RIDER.
Ucntlst's Chiiutleiir With IVnmnn t'lim
paiilnn ftan Down Mrs. Ilornkiinip.
An automobile in which Michael Mor-
' . . ... ... . .. . " ' ..
i. iiviiimi, ii . n rw . hiij--.i-i.-iii,, niiLx.i
was joy riding with n young woman
ran down Mrs. Lena Bornkamp, 42 years
old. of 108S Second avenue, wife of Freder
ick Bornkamp, a laborer, at Second nvenue
and Fifty-sixth street at 7:10 o'clock last
.light. Tho woman tiled a few minutes
later ln the Flower Hospital, to whioh
MorrNsoy took, her In tho machine.
Mrs. Bornkamp was on her way to
market and had just stepped off ihe curb
when tho machine struck her and tossed
her to one side. It was raining nt the
lime ami mo matnino was ran pimR v. r,-
ost. The woman was partly hWlen
iruill lilt? PiKiii "l in1 innunriii iiy mi
elevuted pillar until she stepped In front
f .1.. t L... -.1.1.
Ul lltC VUli MI'l I IPHI J DIUI'I'll, U11I4
Martin McGinn of 1020 Third avenue,
.!... . I. ..nnJxn. .l f . ., - V.
mill nu ti iiic nvuiiirni' 11111. 11111 tii.t-i nil.-
automobile, lifted her into the
;,i ? . Vi . "
.121 East Thil ty-soventh stree . a friend
nt MnrrlAAV. whnm hn wnu fiikinr? Tnr
- I 1.1- - . ir...l 1 T- I .. .1
Morrissey drove up Second avenuo
ami mot Policeman I.a Due, whom he
told of tho accident. The policeman got
into tho machine and rode to the Flower
Hospital. Mrs. Bornkamp died while
the physicians were examining her. Her
skull had been fractured. La Dun locketl
up Morrissey on a chargo of homicide.
Tho prisoner is twenty-one years old nntl
lives at 333 East Sixty-sixth street. He
has been employed by Dr. Davenport
for only a few woekH.
Dr. Daven port wus notified by tho
police at his apartment In the St. Mar
garet Hotel at 120 West Forty-seventh
street. He said that Morrissey had
driven him to tho hotel at 0:30 o'clock
und had left him there, the chauffeur's
instructions being to tuko tho car direct
to Schreiber's garage in Forty-ninth
street between Sixth and Seventh avenues.
CLAIMS OF COLOMBIA.
Resolution That May Lead In an Inquiry
Into the Panama Itcvolutlnn.
Washington, Feb. 21. A resolution
which may result In an investigation of
the Panama revolution and which may
involvo ex-President Roosovelt was to
day introduced in the Senate by Senator
Hitchcock of Nebraska. Mr. Hitchcock
explains thai the Introduction of the reso
lution at this time Is due largely to tho
recent note of tho Colombian Minister
to the State Department relative to
Seorotary of State Knox's proposed visit
to the United States of Colombia. Tho
That the Committee on For
eign Relations be and Is hereby directed
lo nscertaln and report to the Senate the
facts relating to the claims of the Republic
of Colombia against (he I'nited States,
growing out of the formation and recogni
tion of the Republloof Panama and the ces
sion of tho Panama Canal strip to the United
Stales, Including In said report the corro
sponclento between the United Stales und
Colombia relative to arbitration.
Senator Hltohcock says he has con
ferred with several memberH of the For
eign Relations Committee about the
resolution and has rooelved from them
assurances of support In the committee.
Ho believes it will be favorably reported
to tho Senate and passed.
GREAT BEAR MPKIMO WA1EK.
He, tnr cam ef flu ttopp4rl bolUM, At,
DON'T KNOW OF OSPINA
NOTE, SftYS COLOMBIA
Secretary of President Hostrcpo
Cables to That Effect to
LOOKS L1KK A DISAVOWAL
Washington Thinks Minister Will Soon
lie ItccnlltMl Knox Won't Mslt
A cnble messngo was sent by TllK Sl'N
on Monday to President Heslrcpo of the
United Slates of Colombia asking tho
Does Gsplna note to Knox represent
Tho reply was received last evening
in u cable despatch, which read thus:
"Booota, February 21
"Sun, New York,
"Goblcrno no conoce la notn aquo usled
so'reflero UnttiK AltANno,
"Secretorlo del Prcnidente."
Translated Into English, this says:
"Booota, February 21.
'Sun, A'rir York,
"Government does not know of the no(o
to which you refer. Unmu Aranoo.
"Secretary to the President."
Booota, Feb. 21. Nothing has reached
the public or the newspapers here regard
ng the letter sent by .Minister Osplna '
- . ,
to Secretary Knox in regard lo the pro-
'. ,i, ,i. i., , .i.i.i -''- -,
' , ,. s J ,o 1
'n " ' ZT? 1 SSllw of n-nlnt:
1 lecalise to omnia s claim on account i ,.,, ii,,,, n
of fhe CNlon of Pannmn had m , I cnue, mma 1
been arbitra.e.1. The Colombian Govern- f,h ptm)ti 0n', ono nrre8t , wh,h I
men It is believe.!, has tho matter under ,hpro wng Mlfflri;nt evldenco prP(lon,(H,
consideration, but the newsnaners ,ire.. . t. ... , . i
.I, , r .i
I iitthai ..(llimK. I nnnrn III rt III., nmlin-nnm I
i h . i "... .
or else comment has been uiipri'ed
by the authorities.
n i.'ui iini'iii in in iir in u steiii m i i h i
mrnt of the Panama affair Is growing
up in this country without regaid to the
differences of political parlies
Washington. Feb. 21. -Grout interest
was oxnreivxcd to-nieht bv State Deixirt-
ment officials nnd olhers in the message
rnralvivl In 'llll NtIV frnm tlm unnrnliirv
, th ire8i,ont f Colombia. Tho flat
Klal(,m(,n. i,v Secretary Ar.mco that tho i
Co0,n,lnn Government docs not "kn
of th OhpIiijv note adds to the mysl
,hRt hnH0,,veo, ,hu au,,VPr(1,C0
ilMvl tltla ri ii nriir ulni'n thn
Slato Wiloon. ,
Bv some the ri'plv of the ColombFan i
official to Tiir. Su.N'H inquiry was ro-1
.i.iiii ii ii iiii i-mituiiiv. i. i iiiiiuiiun
.l .. .1 r i. .. -j : li...:
' onthpjMjrt of the Colombian Government
, ofSltnist'er Osplna's Action end his re-
ce.ll from Washington. Those who In
terpret the cable despatch in this way
nrgue that It will bi only a qtietion of j
titr.o when Colombia will bo obliged lo
m.b 1,., i. . i. .)...
stroyed his usefulness iu thu
in thus ottering
n gratuitous not or tllscourteny to til" I
head of the Stato Department. This was
the view most widely entertained in re
gard to the signillcr.nce of Secretary
It was pointed out that tho Colombian
Government must actually have known,
when Arango's cable despatch to TllK
St'N was filed, nearly alt the details in
regard to the Ospinn note. The Klnte
Department cabled information In regard
to the nolo to United Stall's Minister
Dubois at Bogota the day after the note
received and It Is flrmlr Ih.IIi.vwI
,leM that Mr p,loh ,wn',n ,,,,..
ence witli representatives of the Colotn-
l.tu. f !m'..i-i.l.i., Ir. rA A
"" ...-. .mi.ii. li, ,c lliui-
.'bile the State Department officials
- tiiii iniini- ii.. r.iiiii.-iiii-,,t hi 11-1111. li' mini
I l, ,Uan ..v nr.,.r.r,l.
. III ..,!, nn aln,....n, i.. 1 ,
I ."..v.. .M.V.. ... ...'."t.M.W I IUII- I I
It is Mlevetisevenil communications have
. tmi v from M , , ,
I . .. . .
latlng to the nttltudo of the Colombian
Tho suggestion was advanced by n 'few
persons In diplomatic circles that tho
Colombian Government does not intend to
acknowledge tho Osplna note officially at
nil, but will regard It metely as an expres
sion of personal opinion by Osplna written
Inn personal and unofficial letter to uctlng
Secretary of Slate Wilson.
If thn Colombian Government assumes
this attitude it will of course amount
to a condoning nf the action of Minister
Osplna nnd will indicate tho sympathy
of tho Government with his suggestion
that Secretary Knox should not visit
that country nt this timo. Such an atti
tude on the part of tho Colombian Govern
ment would explain why the secretary to
the Colombian President had wired that
that Government did not know of tho
Seftnr Osplna himself when told to
night of tho cable despatch received by
TllK SUN said that It was quite likely
that his Government did not know of tho
Incident. Ho has maintained frnm tho
start that ho simply mailed n copy of his
note to his homo Government immedi
ately after he had sent tho noto to tho
State Department. Ho has tlenied that
he wired his Government in regard to It
or asked for any Instructions concern
He has insisted Unit the noto was en
tirely a neronnl act on his part. Ho
mid to-night thnt ho had not cabled to
his home Government in ten days. On
the other hand the Impression prevails
among diplomats that Ospina had some
fort of understanding with his Gov
ernment and muy huve been willing to
sacrlfleo his diplomatic post for the sako
of calling tho country's attention in this
forceful manner to the attitude of tho
Stato Department toward Colombia's
claims against this country.
No change has Uon made in tho plans
of tho SUito Department lo cut Colombia
from tho Itinerary of Secretary Knox's
Cftitral American tour. It is certain the
Secretary will not visit that country un
less a special invitation is sent. 'ind tho
chances are that ho will not Include it
on his itinerary even under theso cir
(.umstiinces, The United Stales regards tho Colom
bian incident as closed.
Secretary Knox on account of tho like
lihood of a heavy sea In tho vicinity of
Pnlrn Beach to-morrrtw will not hoard
tho cruiser there as had been intended,
but will proceed to Key West nnd go on
hoard there on Friday.
lOLUSUHA A1KK.N . I C I N I A-SA .
Retched vl Southern lUllwav. Kicellrnt through
tervlce. Apply 4 1'UUi Ave. cur. Wili.-.idt.
ANOTHER BAY RIDGE ASSAULT
The Slith Girl to He Attacked hy a Thug
There Within Half a Year.
Another young woman, the sixth In as
many months, was struck down last night
In n sparsely settled part of Bay Ridge
by a man nrmed with n club. May Chase,
2n years old, a substitute school teacher,
was on her way homo from a storo on
Third nvenue to her homo at 418 Eightieth
street when tho man attacked her' as she
was passing a vacant lot on Eightieth
streotnear Fourth avenue. She screamed
as she fell and her assailant inn.
William Dunno of 420 Eightieth street
was Just leaving his home when the mon
attacked Miss Chase. He saw the blow,
and although he Is only 19 years old
ho followed the thug an ho ran. Dunno
chased the man to Fourth avenuo and
then to Eighty-second street, where ho
ran into n vacant lot and Dunne lost sight
of him, Then Dunne returned to tho
young woman, who was still lying where
she was felled, and assisted her home.
Rtm"t iit ills i'h,1Bn h,.,l bad 1
scalp wound at the baso of her skull.
The cut was thrco Inches long. Tho doctor
suld that, ho dl'l not think that tho skull
The Fort Hamilton pollco Btnrted a man
hunt as soon as they wcro notlllcd, but
they hail little to go on except Dunne's
description of Miss Chase's assailant, Ho
was described as about 30 yetrs old.
5 feet 0 Inches tall nnd heavily built. He
wore a black overcoat and a black slouch I
Miss Chase lives with her mother, n
widow, and two sisters. She finished tho
course at thu Teachers Training School
last fall and was appointed a substitute
Tho list of young women who have
i. i.i i ... t .i i.. fl.n .
ii in iiuu.it'-i iu nil) ikiuKV rune mm iuii
i,ldllHp- oic.i Konano. Anes Waunh
third street. Beatrice Gold-
th street and Eleventh
rtllxlt nf 79(in Hnvonth I
' ., v..i,. mni,i r - p.f....n,n "ad been collecting tor a montn,
warrnni no 'ling uie prisoner nas ueen
. " . . 1
mado in connection with theso nssau Is.
,rko vine innic 11 cniMrc
i.n I i.i.i i.i.iji.i . inni.i.. '
iirnoKin i.awcr nun unwn nue cross-
Inn Flatbush Atrniic.
Louis I.a France, a lawyer of 382 Paciflo
street. Brooklyn, with offices nt 10 Court,
street, was struck last night by a Flalhush
ni'niiii rni whim ha v an firn.a im llin bIimiI I
In front of 00 Flatbush nvenue. He died
In the hospital sliortlv before mldnlriit. I
Mr. In Franco was thrown across Ihe
fender, which saved him from going
under the wheels. Ho was dragged for
some distance, however, nnd his skull
was fractured. Ho was 45 years old and
was a law partner of ex-Judge Watson.
MOBBED SUBWAY GUARD.
Three Men Took lllm to NUctrfXlTOTt
and lie Was Held for Assault.
Three angry men marched .lames J.
iruowti, a sutiway guard, to the vot l
f,h'T B .
then to night court. There the guard was
arraigned for assault and held for trial
In Special Sessions under tooo.bnll, Ho
came from tho uptown side of the Ninety-
I sixth strc-t station and Thomas W. Don-
leuy, ii inner unu coniracior oi l ( b(lin ,lppe1 o(r 1P Commilonpr he
Hamilton place, was tho complainant. lu.-es. ln tho Roval Hotel nt 149 West
Donnelly told Magistrate House that he
had come to Ninety-sixth street on n
Bronx expn-ss and wanted to change for
n iiromiway local, lie meti lo get into u
car. ho testified ami while there was still
room the guard slammed the door shut
on h s arm. The door was opened and
nt. meti in enter, i no gunru siammeti
again and told him to "go to hell, then
struck him in the face. Donnelly h eye
was blackened. ,
I he crowd at the. station then took a
hand. Donnelly said, and mobbed the
guard. O Dow-d s uniform was torn and
ever)- nuiton or his coat putteti on. uon-1
nelly appealed to two special policemen
on the platform to arrest the guard. They
refused. Two men who had seen the af
fair volunteered as policemon. They
were Jacob Levy, a silk dealer of 3S5 West
Broadway, and Harry W. Nolan, n sales
man of 205 West 101st street. They then
took the guard to the police station.
"I know what those subway guards are, "
said Magistrate House. "The other day
one of them threw mo half across the
platform. Sinco then I have travelled by
tho elevated rather than go whero such
loafers are, I hold him for Specinl Ses
sions under l3ou bail."
SHAW ON IRISH CATHOLICISM.
Klitr Remarks tin America Wants Church
In Ireland Hnnnldltrd.
.Serial Cable Detpalth lo Tnr Hcn.
IxiNDON, Feb. 21. "In democratic
America," said George Bernard Shaw to
night discussing tho religious nspoct of
home rule for Ireland, "Irish Catholics
desert their church by tens of thousands."
Ireland's most pressing nc?d, according
to Mr. Shaw, is a Stato establishment of
tho I(oman Cnthollo Church, thn Irish
Parliament paying tho priests' salaries
and controlling tho cccleciastlcal patron
age. According to Mr. Shaw's dictum Amer
ica forms part of tho argument that tho
only force tho Church of Rome cannot
face Is domocracy. .The craven terror
and follv of the Protestants of Ireland, Mr,
Shaw declares, alone stand between the
all powerful priest und his natural enemy,
BARRED FOR TROTTING.
Rutgers students Who Did It Mustn't
Go In Any More College Dances.
Ni'w Bnu.vswicK, N. J.. Fob. 21, Rut
gers College students who did tho turkoy
trot and like dances at the junior "prom"
on Friday night are uneasy becauso of a
notieo which has appeared on the bulletin
board to tho effect that "tho following
men aro prohibited from attending any
futuro dances becauso of undesirable
conduct at the junior promenade." Then
followb n list of thoso barred, which com
prises one senior, ono junior, two sopho-
unroll mill twn fri.titimnll
(.'. ...... ..... ...... .
A loud protest has boen raised ngalnst
tho tuikev trot bv those actively iden
tified with Ihe social life nf the college,
One of tho junior "prom" patronesses
said thnt tho dance sho suw was not
objectionable and sho really enjoyed
tho turkey trot, if that was what It
Itl lUi.VU It. II. Ill MO.YIHKAL.
Slrrpm lv, (irana Central dally 121 1'. M, Par
ticular! 1311 Broadway. I'liouO'WIO Mad, 4.
GRAB 100,10 GALLONS
OF LIQUOR IN 50 RAIDS
None of tho Drinking Rooms Had
License, (ho Excise Commis
ONE BAR IN A BEDROOM
Plants for Vlnomnkln; Conflscntcd
No Arrests, Though 40 Cops
State Commissioner of Excise W. W.
Farley gobbled up 100,000 gallons or more
of whiskey, wine, tieer and other liquor
yesterday that he found in llfty drinking
nlaces. cafes, hotels, cellars and sub
cellars that lie alleges had no licenses
to sell. The places raided were situated
from East Broadway to llflth street nnd
from river to river. Not that tho Stnto
Commissioner took care of all that amount
of liquor himself . He had 125 oxclse agents
to help him nnd forty police reserves
besides. But you can take It from nny one
around tho Marlborough Hotel, where
.), rnlders had their headquarters, that
not ft rn,dcr louchod ft (lrop ln BWmmlng
i through that sea of 100,000 gallons. Stoic
ally, It was moved away in vans to
storage warehouses or sealed up in tho
shops whero it was found or put under
the Commissioner's guards. Tho Com
missioner says that nlwut 200,Ot worth
ot liquor was connscnieu in urn rum,
... , i .,
awaiting the act ion In court on Marc h H
" ' I . .:,7" u
"""'""'" " -
Hop, ,y Cmtal T 1, ajeAo.
Charles Hrestono and George I.. Donnel-
. .,. , iiij.,i .i,i. t..i
Inn fnllnftfll IllVfriOfl tlietP POllOrtA 11110
', '. ,. ... . .,.,,. , i,-i,
ten mrties, each in nutomoblles. I hey
Iwd thirty moving vnns. Most of the
. ... . i
places raided were Italian nnd Jewish
drinking rooms without liars, whero tho
,,. .... ri.na.i rnlllu mn tnliles
i the Italian quarters around East
Eleventh street and Bleecker and Eliza-
bcth-streets tno excise men nau to pu sn
their way through crowds of chattering
Slid exelteil Ones IllSt. CllOn L KnOW Wnat
was up and tried to keep the men out of
tho cellar drinking Bhons.
In 145 Forsyth street tho Commis
sioner nnd his men found only a line
of dead soldiers, empty demijohns nnd
other harmlo9 bottle, but no booze,
until they pried into n set of coalhlns
where forty big barrels of wine were hid
ing, and a complete plant was stowed away
for manufacturing more when thnt sup
ply was sold out. Theso plants, in most
cases like hand cider proBsej, were found.
in a numter of other places. Over three
hundred liarrels of wines were confis
cated in thn place of G. A. Porrar.za nt
,nn ri,.ii, i,t i,mi, tin. r,n.
missloner values at alwut iWW.
Three hotels lust oT Broadway and
, Korty-seootul stroet were raido.l bv th-j
commiioner's mnn. In nil of which tho
(mmMtr ii.. nimr wH llni-
without rt ilcons!. ThMe places had
Forty-fourth street tho Commissioner
says he found u bar fitted up In a bedroom
but with nothing but Seltzer water in
, . ,h .m.. i,n...r f
wlli8Ucy nnd other Bturr was confiscated,
,n tho othpr two hol(K the ncnvs.r 307
Wou KorUe,h Htreet. nnd the Criterion.
,13 Wpflt Korteth treeti ,ho Commls-
,,. ho found only ft few ,)att0,
I No arrests were made. Tho prnprl-
ctorB of , pacra nr to Bpp(,ar in ,,0.Jrt
on March 8 to RnsW(,r tho charKo of HetlinK
whoUt a ,icBnse Commissioner
says that of the thirty-five places raided
ln his prpvtaus vlit to New York about
six weeks ago about twenty-five wore
allowed to take out licenses and the
proceedings against them dropped, the
State gaining about 30,000 excise revenue
DISMISSES CHALONER SUIT.
Judge Will Instruct Jury Tn-mnrrmv
Faor of Thomas T. Sherman.
John Armstrong Chaloner's suit against
Thomas T. Sherman, tho committee of
his estate appointed by tho, Now York
Supremo Court In lunacy proceedings in
1HD9, to recover $2.V),0(i0 for alleged con
version of funds, was dismissed in effect
late yesterday afternoon by Judge Holt
in tho Federal District Court for want
Tho case went to trial before Judge
Holt and a jury on Monday last. After
hearing argument by Hugh Gordon
Miller of counsel for Clialoner Judgo
Holt announced yesterdny that he would
instruct tho Jury to-morrow morning
to return n verdfet In favor of tho de
fendant. Judgo Holt said the Federal
Court has no jurisdiction, und that what
Clialoner should do if ho wants to regain
control of his 11,500, ono estate Is to come
to New York and apply to tho Supremo
Court to vacate the order creating tho
committee of estate. If ho thinks ho Is
capable of mannging his business affairs
he can come here and demonstrate it to
tho satisfaction of the proper trlbuml.
If refused then he can take an appeal
to the State Court of Appeals. Tnat U
tho only proper procedure for Chuloner
to pursue in Judge Holt's opinion.
Mr. Miller announced he would at once
appeal to tho Federal Circuit Court of
Appeals from Judge Holt's decision,
and he got a stay of sixty days in which
to prepare it.
WELLESLEY'S MILE OF CENTS.
Girls to Fill .1,78(1 Slotted Font Rules for
CAjtnninoK, Muss., Feb, 2l.Vollosloy
College girls started this afternoon to
wind up a mile of cents In tho coming
1 two weeks,
Mlsn Dorothy Ridgowny.whohascharco
of raising funds for tho student building
f und, oonoelvcd t bo idea of u mile of cents.
Sho distributed to-day 0.280 foot rules
each containing a slot for cents. When
tho "feet" aro returned in k fortnight tho
mllo in expected to lie n reality.
to grape-fruit and jellies, Att.i
ROOSEVELT TO TELL MONDAY.
Colonel's Answer When Pressed to Npeak
Definitely as to Ihe Presidency.
Cleveland, Feb. 21. Col. Roosevelt
was urged ln tho courso of his visit herb
by W. F. Elrlck. a local politician of prom
inence, to tell whero ho stood as regards
the Presidential nomination.
Tho Colonel tried to turn the question,
but Eirick pressed him, saying: "I want
a direct answor, Colonel. Your friends
wont to know right now If you nro going
to he n candidate."
"You will havo my answer on Monday,"
was all the Colonel would say.
SOUTH POLE NEWS SOON.
Shaeklcton Hats It's Dun From
Scott and Amundsen.
Special cahlt Dttralcti lo THK flt'.v.
Ixjndo.v, Feb. 22. Liout. Sir Ernest H.
Shackleton. tho polar explorer, writes
to tho papers to call attention to the fact
that news from tho Antarctic expeditions
may be expected any day now. Ho
points out that Capt. Robert F. Scott
of tho British expedition on tho Terra
Nova and Cnpt. Roald Amundsen, who
went south in tho Frnm, must know by
this tlmo whether they have succeeded
or failed in their quest and have returned
to winter quarters.
Amundsen, according to Sir Ernest,
would reach his quarters about a fortnight
earlier than Capt. Scott, but as the Fram
is much slower than tho Terra Nova loth
will possibly reach a cabling station within
a day or two of each othrt".
SHIRTWAIST MEN TO JAIL
Two Months Kaeh for Bankrupts Who
Made False Statement Before Failure.
Lewis B. I.evenson and D. Cohen,
partners in tho firm of D. Cohen A Co.,
shirtwaist manufacturers, wro sen
tenced yesterday to two months each
in the penitentiary by Justico Seabury
In tho Criminal Branch of tho Supreme
Court. They were convicted of obtaining
money on n forged and falSB statement
of their financial standing. Tho Jury
They obtained H0.000 from the union
Exchange Bank and smaller sums from
otliers by means of a statement dated
June 11. 1009, which showed that their
assets exceeded their liabilities by $75,000.
Tho opposito was true and the firm went
into bankruptcy soon after,
CAMPANIA CUTS QUEENSTOWN,
Heavy Storm Prevents Her From Eater-
Ing Irish Harbor.
Wtrelni Dttpntctot lo The Sun.
Usnov, via Glaoe Bay, Feb. 21. A
terrlllo gale "prevented the steamship
Campania, from New York, from landing
er passengers or malls at Quecnstown.
$ho lnnded sixty Irish passengers and th
mails at- Y ishguard, whence they'were
transshipped to Rosslaro.
In this way there was a saving of
twenty-four hours time.
POST OFFICE CLERK MISSING.
Police Asked to liok for Tnblcr. Who
Had ling of Steamer Mull.
The Post Office authorities asked tho
police yesterday to help them find Clerk
Tobler, who they said left tho General
Post Office building yesterday with ft
bag of mail to meet n steamer sailing nt
noon and who had not been heard from
The Post Office people when ques
tioned last night would tell nothing nbout
tho disappearance of the clerk. They
I admitted that Tobler had been sent to
meet a steamer
Tho Olympic was ono of five steamers
sailing nt noon yesterday.
CONSISTENT ROOSEVELT MAN.
New Jersey Senator's Reason for Not
Joining ln Praise of Washington.
Tbkntox, N. J.. Feb. 21. Senator Harry
D. Leavltt of Mercer county, the only one
or the eleven Republican members who
has declared himself in favor of tho nom
ination of Col. Roosevelt, felt compelled
to ask that he be excused from voting upon
resolutions expressing the Senate's ap
preciation of tho achievements of George
Washington. Tho resolutions were in
troduced by Senator Nichols of Cumber
land, ono of the eight Senators who have
publicly declared themselves for Presi
dent Toft. Senator Leavltt s embarrass
ment was due to tho fact that Senator
Nichols, after extolling Washington, hod
appended to tho resolutions the following
"And who declined n third term and set
nn illustrntious oxamplo to posterity
in order that there should bo no departure
toward monarchy, but, on tho contrary,
that republican institutions might be pre
served beyond peradventuro to tho gen
erations to come."
CHRISTIAN SCIENCE WINS,
Massachusetts Senate Cnmmltteo Sees
No Need for More Medical Law.
IIOJoN, Fell, 21. The Committee
on Public Health reported unanimously
In the Senate "no legislation necessary"
on tho recommendations contained in tho
annual report of tho Board of Registration
hi Medicine which Dr. Harvey, becretnry
of the board, favored at the recent public
hearing before the committee.
Those recommendations sought to
define the "practice of medicine" and to
wipe out the exemptions which certain
so-called "irregulars" now enjoy. They
would. If enacted into law, havo ended
Christian Science practice and made
Christian Scientists liable to fine and im
prisonment SANTO DOMINGO IN
Conditions Had Along llaytlan Frontier
Revolt Blocks Mulls.
Special Cable Detpalcli lo TllK HfM.
C.U'K. Haytikn, Feb. 21. The revolu
tion in Santo Domingo Is extending, espe
cially along tho frontier, whore communl
cation between Dujabon nnd Monte
Criatl is suspended, A Santo Dominican
coast defenco vessel left this port this
morning for Fort Lllierto carrying tho
mail for Dujabon, which It was hoped to
reuch over llaytlan territory. Tho mall
was llllluecl anil sent 011, DUt Was BOOH
brought buck ugalu and tuken on board
ship once more, as It was found tuiosslblo
to forward 11 to Us destination.
Ohio Constitutional Conven
tion Hears Platform He
May Run On.
COMPETITION IS OVER
Government Must Regulate
AS TO RECALL OF JUDGES
Ex-Presiden Is In Favor
Only as a Lnst
CALLS REFERENDUM GOOD
That nnd thn Initiative Excellent Checks
for Our Government, Which
Can't Bo Automatic.
CoLUMnus, Ohio, Feb. ?!. ln spit of
the dampening of a nasty rain and the four
Inches of snow that was on the ground
Columbus folk by the hundreds got down
to the station this morning atlOo'olock
to take a look at Col. Roosevelt when he
arrived to deliver his much heralded
"progressive platform address before
the Ohio constitutional convention and
then Hit back to New York again this
The fears of the Roosevelt boom backers
that the slush and weather would weaken
the enthusiasm that they had planned
to havo rush out spontaneousllke and
welcome the Colonel with open arms
were therefore not entirely fulfilled.
At Newark, where the Roosevelt train
arrived shortly after this morning,
there was only a mere handful of peopH
gathered to hurrah the Colonel, rouoh
to tho surprise of those accompanying
Under the care of Dr. Washington
Gladden, who met tho Colonel at the
station here and who was his host while
he was in the city, Col. Roosevelt went
almost directly from the station to th
convention for the addrees. The Csionel
smiled at the crowds of eevoral thouaind
that bu! gathered on tho grounds of the
Stato House to greet him and that were
also crowding In the lobby and the ro
tunda. There were a number of dele
gates and political frionds of the Colonel
on hand, the first of whom to greet him
was Walter Brown. John D. Fackler.
tho progressive from Cleveland, seemed
to bo the moBt favored by the Colonel,
however, nnd appeared to receive both
the most gleesome smile and the mos'
Col. Roosevelt was escorted Into th"
convention hall by Delegate Beattle ot
Wooster. There were wooden benche
in tho rear of the hall to allow standing
room. Suffragettes, a whole body of
them, had entered tho hall in tho earlier
hours of the morning and filled up the first
row of the ladies' gallery, where they
waved at the Colonel.
The city was full of progressive leaders
who had gathered from all parts of th?
State and a number of conferences wars
set for the day, although the former
President was not expected to attend.
Walter F. Brown, chairman of the Repub
lican State committee and leader of tin
Roosevelt movement, was, however,
scheduled for a talk with the Colonel.
Dr. Gladden entertained Col. Roosevelt
at dinner and the Colonel set his plans
for leaving at 3 o'olock for New York
to le accompanied as far as Cleveland
by John J. Sullivan and Walter D. Meals
of that city. The Colonel on their advice
was planning to have ready a talk for the
people that were expected to gather
in tho Union Station at Cleveland and
also at Gallon.
Col. Roosevelt's speech carried so many
of the Ideas that have been associated
with progressive Republicans that it was
regarded by many as an indirect reply lo
tho request mado somp weeks ago by
some Western Governors that he an
mounce his stand on progressive principle. ,
His declaration for tho initiative and
referendum, ft "pure democracy," a short
ballot, primary elections, a square deal,
equality of opportunities and ft method
of dealing with trusts different from that
at present pursued wore received with
enthusiasm, as was also a complimentary
referenoe to Senator Ln Follotto. But
his declarations for an oxtremo form of
th recall of public officials, including
judges, did not evoko s uoh great ap
pluuse. Speaking of the recall the Colonel kept
his eye closely on his manuscript auu
seemed to weigh every word uttered. His
hearers appeared rather startled at his
The Colonel, in referring to "big busi
ness" made a facetious aside, remarking
that "big business always trembles when
I speak," He had lunch with the Rev.
Dr. Gladden and Managing Editor Town
send of the Outlook, At the station before
leaving he had a few minutes chat with
Gov. Harmon, who was returning from
Kentucky. He also met Alexander Moore'
A11lAfr,f ta PltlaKllpf. Tntmr Anil .TnmM
! r. Garfield, his former Secretary of the
Interior, who accompanied him to Cleve
land. The people, said Col. Roosevelt, are
fit for solf-government. The funda
mental purpose of the progressives must
bo to secure genuine equality of oppor
tunity. Thn rights of honest and decent
business must be respected and Its activi
ties encouraged, but large business organ
lstions must never be allowed to make
private Initiative difficult. Watering
stock can bo prevented only by Gov-
,lI,.lnIi not dlsmemWment; nt
I BePU'"10?' ot dismemberment ol
, corporations, w the thing, the Lolonel
I said. It Is "both futlU and uxlscbievouc.