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THE SUN, FRIDAY, DECEMBER 13, 1912.
bur 'of th exchange pretty well your
aclf," wiggepted the wltnfMi a moment
"What do you mean by that?" naked
. "You have a wide nrnualntance In
Wall atrret." wild Mr. Slurpls. "Some
nf the men there, perhaps pry
iloae friends of youra. ery Intelligent
"Vou do not mean by your sustkcs
(Ion that t was n man who dealt on the
Stock KxchnnRe or traded there?" npked
"No. I won not personal," replied the
Mr. V ntermyer's assumption that th
witness favored certain manipulation
waw based on an answer made by the
ihember of the board of governors to
one of the questions submitted by the ,
Hiichrs commission which examined the j
Block KxehaiiKe. That answer read.
If a member In pood faith elves to n
broker an order to hity a certain amount
of stock and the said member Eles to
another broker In equally Kd f.ilth and
with no collusion betern the two pal ties,
an order to sell t sain" amount of stock
and those two orders are executed upon
the floor of th" cxcJmnge and commissions
piald and even r .lilrement of th Ihw
met, such tr.i ...-iiamn Is not lllecltlmate.
' The witness testified that he still nd-
hered to this statement-
"Then." said Mr. Untermyer. "If a
member of the exchange gives to one
hroker an order to buy 1.000 shares of
aiock and nn order to sell 1,000 shares
of stock and both those orders are exe-
ciited by different brokers and a com-
njlsslon paid, you consider that a per-
fectly Ifgltlmate transaction:"
and that the orders are given In good
filth and with no collusion between the
Q. Hut you kno-.v that when buying and
selling ntd.ii an, given In that way they
are given ior the purpose of manipulating
sacks to h'gi.cr Iuapc level of prices?
A. No. tluy .ir' soiiH'tlnics glvin inncly
to nuke tin nn Xot .wt'vc In dull t.aiPs.
Q. It'it "wli;. would ii Ifoke- p.ij nm
mltsii ii. mi lioth .inters lt to make the
tna.k-' ac I vo ' AVhHt I'ould lie tils pur
pose" A. .Itiht that h'.i cllent.s may hae
1j Itifr -ts lu th"? stork
J f- It nm fur the pu.poso of either
lt'i;ret:lmi ,r ruduclng prices? A. Not
m-iesMiili . It Is for the puipo. of nuk
liig tno iiLnli t active.
i For thu iurii)-i of making the mar
ket !"em iti'tlw'' A. Ys, tor tne put pose
of ruuKing it nm uctie, If you piefer it
U. V.nu It Is not actlxc at ull?
Q. Do uu think tha Is legitimate?
A. 1 do.
Q. What Is Ills purpose In making it
appear that the market In that stock Is
active whtn It Is not active? A. If you
could Incitase the value of a very laico
iiss by spumllnK a very small amount of
money to advertise It pet haps you would
do It. 1'erh.ips. It Is a new enterprise de
sirous oi aavtnising to nring it uerore the
buy? A. Not necessarily. Perhaps to
give them an opportunity to sell. It works
W. Hut nevertheless for the purpose of
Inducing them to deal? A. Yes, to make
the m u kit active.
CJ. To make It appear active? A. Yes,
again, If you prefer to put It that way.
iMr. Sturgls said that that was what
he meant" when hs Joined ln making tha
reply quoted to the Hughes Stock Ex
.Mr. Untermyer w.intd to know again
If the real effect of such trading was not
to make a higher or lower level of
'That Is entirely the act of an Indi
vidual." said the witness. "I canna.
testify, to that. I do not know what the
Intentions of Individuals are."
Q. nut when you were active In the
brokerage buslnejs Is It not a fact that
you frequently acted for pools or syndi
cates? A. My personal business is not
Q. You frequently acted for pools and
syndicates that wanted to make an active
market and get a higher level of prices
for securities, did you not? A. I must
lespvctfully tay that I am not at liberty
to answer such a question.
ilr. Untermyer disclaimed any Inten
tion of Investigating the personal affairs
of Strong, Sturgls & Co., and said that
what' he wanted to know was whether
the .practlce did not prevail among all
large brokerage houses.
"I am not prepared to say whether It
does or does not," said the witness.
After considerable sparring Mr. Stur
gls said that with the understanding ha
had no testimony to offer In regard to his
owji personal affairs he would reply
that on hearsay evidence such a prac
tlce' dld exist.
"And you consider that sort of an
operation legitimate, do you?" queried
, Mr. Cntermyer.
"Yes." was the reply after further
Q." And how do you Justify as legitimate
the transactions of a pool or syndicate ln
giving. out buying and .selling orders to
brokers for the purpose of lifting the price
or .toe. stock or depressing it ? A. Those
are the acts of Individuals. I cannot be
responsible for what thousands of people
throughout this country do.
y. Do you not realize, Mr. Sturgls. that
it brings tho public In, who do not know
that tliso sales and purchases are given
oup from the same source? Do you riot
know that It bilngs the public In on that
higher level of prices? A. Suppose tho
public happened to have that stock?
Q. Is not thn operation at times re
sorted to to depress prlee-s and at other
times to lift prices? A. Yes.
. "V- Do you net know- that th purpose s
sometimes to enable them to sell the stock
t-hnrt and then to buy It In at the lower
Jeixel nf prices? A. No, I do not know
that. W You approve of those transactions,
do you" A. I approve of transactions
that pay thclf ptoper commissions and
are properly transacted. You are asking
me a moral question and I am answering
ou a Mlocl; KM'liange question.
I. What In the difference? A. They nie
vc dlffeieiit things,
l.'. I thought so. Theie Is no relation
lietwien a moral question then and a Stuck
Kvcliangn quest Inns? A. Sometimes.
",' Hut you are a member of thn gov
erning i nnunlttce. are ou not? A Truly.
W Vnil rin you not think th motives
of ,nur own memheis In tigging a market
up or rlgvrlnu a market down aie matters
nf concern tn the governing committee.
A We do not know It. These transac
tions take place on the floor of the e..
change How can ,the members of t tin
governing committee follow every trans
action and know whether It Is a question
of what you call manipulation or not?
Mr, Untermyer took up with tho wit
ness the question of the Justice of the
Stock Exchange members being made
preferred creditors over customers to
the extent of thn value of any mem
ber's seat, Mr. Sturgls replied that ho
regarded It absolutely Sunt because tho
members of the exchange are obliged
tn take any contract that is offered tn
them, while the customer Is able to
exercise his Judgment In selecting his
Tho witness could not say whether
or not ,a dozen brokerage houses with
heatu on the New York Slook Kx
chanere hod failed within the last few
yearc, but he promised to preparo a
ta'temeiU showing the c.xnct number
that had gone down, lln testified that
the volume of business and the num
ber .-of shares listed on the exchange
vaa probably more than 60 per cent.
Our invitation to examine the optical
and photographic specialties we offer as
is renewed and emphasized. We have
scores of sensible things which most people
appreciate and are glad to get ana keep.
Look to your heart's content without obligation to
buy. The prices are ' 'right ' ' and uniform in all stores.
On IJeremhrr onr Xtril SI. brunch wilt rlo.e Urn doara,
the atork anil entire tiii.lupss In lie tmimfrrrrd In nur new main
ana! only Filth Avenue Hire, which la now hradqnarlera,
FIFTH AVENUE AT 27th STREET.
1 Old Rond SL
crrater now than It was In l$f!, when
the exchange was organized.
j "There never has been a time," said
, the witness, "when the business of the
public has not been well attended to
b' ,nP brokers and there has been nn
ample number of brokers to tranract
hp business. As a proof that there
avp been enough hrokers the member-
f1hl,M of ,l10 exchange have been ntead-
K0nS tlown ln Prlco for last tew
months owing to tho Inability of mem-
' bers to make a living there." Mr.
j,turRs ? hoped this was only
, njI10ra.r,J'-.. . .
He sa d there were a certain number
of members of the exchance who opcr-
ntP( ln stocks for their own iccount
M f ntfmw wlntrt o thohn
rl ,..L 1 , .... L .
" " A'" , , ,. .,.. i .. ."
in. iiu'i-i.. .it mi- viiiuiu 1. 111111, Illllll
trunk. (Ji-nrire J nnd Uowurd, were
members, nf the exchancr
Can mui t:ll us.' .-aid lie. '!
thti-c gentlemen should be muintalnlti'!
ulthout Interest memberships that
would yield at different times from $"v
000 to JOo.nOit each ? '
'i'artlai . I presume etM the wit
ness, "on account of the commissions
that they succeed In saving and partly
1 ecaiise they liuve ,1 c-ert 'In b-yulty
perhaps to the exchange"
Mr. rntermyer contuaded that It was
a uniform custom of brokers who hold
Mock i:rhnnge secutltles of h cus- In raking up the ftcht between the
tomer's collateral to hypothecate them 1 big hoard and the Consolidated Hx
regardless of the amount owing to the change Marcus Helm, a member of the
tiroKer .Mr. bturgls thought It was
very rareiy none, nut me exchange ns
.1 body has no rule applicable to that
Mr. Cntermyer wanted to know If the
experience In recent years had not
, shown thilt ln the CflS(, of faluros of
Exchange firms, customers
whoso stocks had been rehypothecated
by the brokers had borne the loss.
Mr. Sturgls replied that he had
I, u ' roKcr.s laiung wun exenange regulations of the New York Stock Ex
collateral In their strong boxes. change, furnished the committee with
.,u. , ime ,iu w.e uaie oi u,
said Mr Cntermyer.
ii a.i in ine nuiuc ni is, a, said tile
Sl rr;l" prm tr Insisted that Mr.
$ w ,. n t U Jni?n
say any time after 1S90. The former
K:! KNChanBc said,
would send t Ii a cnnmiittoi nome from
the records. He acknowledged, how? .
ever, that the broker usually went to ,
the end of his string before closing !
Counsel took up with Mr. Sturgls the
Stock Exchange's control over the
ticker service nnd its relations with the
Consolidated Exchange nnd the curb
market. Mr. Sturgls reviewed the his
tory of the friction lietwcen the Con
solidated and the big board, and denied
that the New Yorlt Smcl.- r.vci,.-
responsible for the rule passed by the
curb which shut out the Consolidated
members from trading thtough mem-
bers of the curb. Mr. Sturgls denied
also that the New York Stock Ex-
change authorities were responsible for
keeping the curb market out in the min
and preventing them from doing busi
ness under a roof.
i.enjs ooo, ooo in n I)nj.
The day's session Opened With the !
testimony Of .1. 11. GHescl. "king of the
money crowd, who told the methods of ..ock on Its books for Consolidated
lending call money on the. exchange. ; brokers, although the signature of the
Mr. Grlesc said he had been n member owners was guaranteed by the Consoll
of the exchange for twenty-nlne years t!utca Exchange. He explained that this
and had been n the business of lending ; refusal was also made by the Pennsyl
money on call even before that. Hc'vana Railroad Company, the Ihlgh
said the loan value of stock ranged Valley, the Atchison. Topeka and Santa
from 3a per eent. of the market value n-v. the Hankers Trust Company, the
of Industrial Issues to to per cent, of Manhattan Trust Company, Harvey
the value of first class railway stocks.
'I havo loaned n hleh as S2.V00O.00O
'a' 53(1 Mr "rleael. "i,ut the'ryAguero on behalf of the exc
hcneiai i un oi a nay s nusiness is not
more than JlO.OOO.noo."
Ho explained that the rate of money
was set by the transactions between 11
A. M. and noon, but that often the bulk
of the loan business would be trans
acted between 1 and H In the nfternoon.
Mr. Grlesel gave as the largest lend
ers of money the National City Hank,
the Chaso National and the Hank of
Commerce. Tho First National came ln
for some of the big business In times of
stress, but was not a constant lender of
money, of the private concerns, Kuhn,
I.ocb & Co, stood at the head, with
Goldman, Sachs & Co. a close second.
J P. Modgan & Co., he said, were lend
ers when there was great need for
money, hut they were not habitual
llgurcH In tho money market. Spoycr 1
iirouirrs iigurn in the loan group once
In a ur.llc. but not to the extent of
ivunn, t.oei) & ;o,
I loan for the Chase National H.inij 1
and tlie Ann ot Kuhn. Loeb & Co.." said!
Ihe witness, "The latt( r concern some,
times surpasses and often parallels the
big banks In the amount r,r mnnev
loaned. I'lrms llkn Kuhn. Loeh & r
nt the tlmo of a big bond Issue when road, the Central Trust Company, .1, P.
they have large sums' of Iriln money, Morgan Co.. the Peoples Gas Com
will loan as high ns US.nno.noo In n day. 'pany of Chicago and many others nc
I have placed such sums for Kuhn, ''opt the tnnsfcrs without the Indorse.
Loeh A Co. tI1Pnt of tho Consolidated Exchange, but
"The Friday after Thanksgiving Day. with only the certification of the Con
November 2!', I?, when the price of i solldatcd's own brokers,
money mo to "0 per cent., there wan The only alternative, open to the
loaned by nm on ihe exchango more Consolidated Exchange for providing
than Jlfi.ono.OOO, I think I loaned nearly for thn validation of transfers of United
$20,000,000." States Steel was tho formal acknowl-
Mr. Grlesel told the committee that ' edgment before a notary public of the
when J. P. Morgan was In the loan mar-1 transfers. This was complained of as
ket the money of the hu llrm wan placed subjecting tho stock transfer to delay
by Roberts & Rogers. Mr. Grlesel was ! nnd the seller to expenso and practically
catechized hy r. Fnierinypi- 0h to the I maUng business on the Consolidated
variations in desirability an loan cnl.
lateral among tho listed stocks of tho
C. S. Mcrl ii rntnrlfe.
"Was not V. S. Steel a favorite, Ihe
favnrlic In fuel?" asked Mr. Cntermyer.
Mr Grlesel said that owing In Its ever
ready market Siecl common was a fn-
v.rilo l,,.l ll.ol .,. l ...
. ;.:.. " ..".. . "
'rM 'par o
T'the'tanT'1 W' , '
nec ?v. ?. nt V NeW Yrk aLways
specify the out of town correspondent'! (
?" UUl AVENUE (27th St.)
w awi b, Vr WVin Ota I
104 EAST 23rd ST. (4th Avenue)
2SS LIVINGSTON ST. (Brooklyn)
name when making a lo3n on the ex
change?" asked Mr. Untermyer.
"The National Tark Bank gives up
the names of Its correspondents and the
1 hanks do verv eenerallv. The First N'a.
. tlonal and the National City Bank do
, Charles W. Turner, who said he had
i,Cen a member of the Stock Exchange
for twenty-six years, followed. He ex-
. plained that through an arrangement
i made with James Stlllman he placed all
inn-. .u vtioi r-i... n,r.i. ti-
hnil awayB 'placed them for the bank
with the understanding that ho would
r(I)rff)(.nt , one plso Th Natlonal
rin. ,..j . ,, a .
' " Pr charKFrt more ,nan 6 P"
' r l'a" money' bUt U dW "0t
, ways have money to lend at that figure.
! Mr. Vntcrmyer was anxious to find
out If Mr. Turner thought an estab
lished regulation prohibiting the loan
ing of call money at a rate higher thin
i! pt cent, would preclude the undue
shift of money from Western banks
o the imanclal centres Mr. Turner
did nut Uu 'v. . hut said It might pme
partialis 'livulnus, for iiuuie.x uIw.oh
sought market that pild It ihe
hlshiit iift, and came frmn K'trope
Jum ns ad'h as (umi sectlens; of the
TrIU "' ,h' C"n"' ",0,,
Consolidated Exchange since Its
tabllshmont In 1SS5, was questioned
first. He told the committee he had
had relations with the New York Stock
Exchange as an Investor, as a specula
tor and as a commission broker from
his entry Into business life until May
1!. 1P00. when he was told by his Stock
Exchange representatives that they
could no longer carry his account.
Mr. Cntermyer. reading from the
, hraseoloev of the regulation
adopted In 1S03,' which was so compre-
,., -v,ua. .1,.
Indirect form of relationship between
a Stock Kxehnn mombpr ftnd nny one
ve In the business of the Consoll-
dm "elated how he had with-
nctlve membership In the
, i . .
onM"'? lnTi" f0Cl
w!t , hl p" "
,b , chansc' Hl3br,,ke" WerC
bert Loeh & Co., 32 Broadway. Mr.
Helm had gone to the length of suing
for an Injunction to compel Loeb & Co.
to continue his account, but the in
junction had been denied by a New
York court on the ground that tne
regulation of the New York Stock Ex
change was reasonable and within the
rights of that organization.
"There ore a great many securities of
many Interstate corporations listed only
on tne 'N'cw York Stock Exchange."
IIelm eal'1' "A member of the Consoll-
ted Exchange could not sell any se-
curltles In tho Stock Exchange except
Miguel E. D'Aguero, president of the
Consolidated, followed Mr. Helm. He
nresented the Consolldated's oortlon of
a correspondence with Judge E. H
flnrv nr.alHnnl IVia Tr.la.l G.q.ab
Sleet l-nrnnr.HInn relative tn fhe refuel
( the Steel iVnnmtlnn tn transfer
jl'lsk & Sons and the Guaranty Trust
was that there was discrimination
against honest stockholders und the duly
constituted agents of stockholders with
regard to thess transfers. He charged
the Cnlted States Steel officers with es
tablishing a boycott against their own
shareholders. Tho correspondence
showed that the Consolidated officers
made as strong representations as pos
sible to Mr. Gary, but without avail.
Many nrcognlie Little Board.
President D'Aguero said the New
York Central, the Southern Pacific, the
National City Hank, tho Union Pacific,
the American Smelting and Refining
Company, the Central Leather Com
pany, tho Louisville and Nashville Hall.
road, the Denver and Rio Grande Rall-
road, the United States Rubber Com
pany, tho Canadian Pacific nnd tho
Great Northern Railway accent
transfers from Consolidated mcm-
bers with such Indorsement and
that such concerns as the Rock
Island company, the Natlonal L?ad
Company, thn Rrooklyn Rapd Tran-
sit, tho Chesapeake and Ohio Rall-
Exchange In these Issues prohibitive,
Maurice Ober followed. He Is a mem
ber of tho Consolidated Exchange, who
formerly did business . through New
Yolk Stock Exchange brokers. Hn re
lated similar experiences to those of Mr.
Helm and explained that he had always
done a strictly Investment business,
carrying nothing for customers nn mar
ginal traiies, ills Htock Exchange out
let had been li.-crs & Owens, f.2 Hrond
May' dX'tne V"
ot ."he ruVt n wi?hP
Ganl to Consolidated connections, that
h. mut withdraw hi- account. . Um
further told the committee that his re- I
latlona with the NewrYork curb mar
ket had been terminated by n regula
tion of that organization similar to the
New Vork Stork Kxchange rutin;,
l.wtenio .1. Diets of Lawrence. .1.
D'plz & Co. and It. M. Jarvls, a room
trader, furnlklied cot roborntlvo testi
mony to that of the other two ("onsoll
dated members who had preceded them.
RYAN TALKS OF COPPER.
RnlarRra on Testimony nf Sir. Wnlf-
ann Ilefnre Cnmniltler,
John D. Ryan, president of the United
Metals Belling Company, slid yester
day: The criticism 1 have to mike as to
some of the reports appearing In th
morning papers Is that the reporters seem
to have taken Mr. t'ntermer ques
tions as comprising the entire evidence,
wiinom any reference to tn answers
I : , .u ,1"u,r"
hirt ii -,e..iin,i m .V,t
of copper which It was carrying for the
purpose of suMalnln high prices that
prevailed In the early months of 1507. As
a matter of fact the company hart never
In Its history sold copper so freely nor
so he.ully as It dll In the months pre-
ceding the March panic In 1907. It having
sold copper several months In advance of
Production owing to the unusual demand
on the part of consumers and stocks of
unsold eBpper had not for years been so
low st they were at that time.
So far from there being any unusual
accumulation, the only copper aceumu-
l.ited In that year was during the summer
months when the demand for It absolutely
ceased and the total accumulation at any
time In the hands ofthe United Metals
I Selling Company did not exceed three
months output of the mining companies
which It represented.
Mr. Untermyer questioned Mr. Wolfson
an to whether n lnrce nm nf mnnev. nam.
' ing 50 onO.flOO. was not borrowed.' b - the
' Cnlted Metals Selling Company In order
to meet the advances which It was under
' o carry the cupper which was aceumu-
The testimony shows that t!i total
I amount of money hurrontd hy Hie t mted T,.r w, ,. ir..,.ntrd a personal lot
Metals Selling Company In th .. 1907 ter from the Hon. Max tiehllvck. Ajs.-m-"
'1,ou' V,0,00 lln',' upon blyman from tho Thlrty-tltet district of
the prh es ruling at Uint time. tV output Xew York county
'handled ij thr Cnlted Metals Sflllmr H win. stuted'to me, that at the same
, '"ompaiiv as worth ever S10il,"0ft,00ii tlnif. that Mr Abrams was convicted, an-
' -innuall), that the total ii'mouii' ot othn- man by the name of Hess was
' miitey iMirroH.'l ti tlii.iiuo !! (.upper fnre tin. same court charged with the
iittsmess was aitout nnai was used tn sumo offence, and his attorneys nsure.l
carry one month's rrndu-t'on, and nearly him that a plea nf guilty would result
all of this innr.ej uai harrowed -.n con- only in a tine. Mr. Abiams not being
per bills negotiated abroad, so that the irprcsented by counsel accepted tho ad
Use of New York limiting Institutions hy vice of tho Ross attorney and pleaded
the Cnlted Metals Selling Company was guilty ; and, although lloss was given a
very slight. 1 J50 fine Abrams was sentenced to the ex
PROPOSE BIG TUBE STATIONS.
rinna for Herald and Long
squares. Are Presented.
At the regular monthly meeting of j slderatlons surrounding the man's busl
the llroadway Association yesterday Pf ss. sl,,Va,l" "r"1 hcnUh; conditions ln
afternoon at the Hotel Imperial. Henry ft? 'C u?ZnZn Jft
f.. ,. , , . Mrs. Abrams, no recommended the
Opdycke, consulting engineer of the commutation of the Imprisonment part of
asaoclatlon, presented the proposed the sentence. As the man had alreadv
plans for the new Long Acre Square suffered six days ln Jail, and was obliged
and Herald Square express stations of tft pay double the fine of a man sen
the Hroadway subway. The plans were ,pnced for a similar crime by the same
referred to a special committee.
Easy access to all the Intersecting
.....i.-.iu,iiuu line.-, in liruvmeil. i or
the Long Acre Square station allowance
Is made for a series of mezzanines
which will permit an Interchange of
tratlic, and with n maximum of two
nalrs of stairs to wnl! in mi.,ni.
change. Entrances are placed at every1 ? ac,h nml cvel2 application for Exrcu
corner from Fortv-second tn e-nrtv i,lv 'lt'm('''c' whlch I have Investigated
fenirth stre.V nn ,!K rOMy- J havt. gvn ,ne ,, ,( consider.!-
fourth street on Seventh avenue and tlon to all the circumstance, and data
Hroadway, and there tire larger cn- on file In this office and have attempted to
trances on the Long Acre Square plaza. reach conclusions which I felt to "je In
Similar methods of mezzanines are, keeping with the best Interests of Justice
planned for the Herald Square station, !not onl' ,0 'be people but to the prisoner
nnd also there will tie direct communl- and hls rfla,'ves who, I regret to say. are
cation with the McAdoo tunnels and the ' "le lm" 3U"crers cir-
proposed Thirty-fourth street cross-1 cuTr.t,inc"- ....
town suhwiv cces n i u Af,er ,wo '",'n" 03 Governor of this
town subway. Access to R H. Macy greatest State In the Union. I am thor
u t.o. s. su ts & l o. s and Glmbels oughlv convinced that a pardoning board
stores and the Hotel Imperial and the should be created, by constitutional
iioiei .Martinique is planned.
GIRL ON ROOF PUTS OUT FIRE.
nrnse Whii. .rinn- ...i .m
, with the very great number of cases
Too Scared to Come Dnmi, I which are undoubtedly worthy of Kxecu-
c21EW..RCIIELL,JDeC- ,:-Mi?Juliar'HUC.,lJmposSb.e for any Governor to
.. , uiu, v.o cneereu oy aw
iviaunn ..inn? wmi pans oi water sue
fought a fire to-day on the roof of the
Robinson photograph studio on Main
street, New Rochelle, where she is em
Mihs Ryan climbed through a window
to a balcony and UP a water leader to thn
steep roof and received pail after pcil
of water from Villiam Robinson which
she threw on the flames. A strong wind
nan uiuniiiK iuiu Rcverm nines sno nearly
loot her foothold.
By the time Relief Engine Company
arrived with its chemical apparatus
Miss Ryan had extinguished the fire
Then bhe saw and heard tho eJieering
crowd. Sho was co frightened that sho
was unaiue to cumn (town from the roof.
She was carrieel down a ladder.
SAVES ONE FROM HANGING.
Oregon Governor, llotrevrr. Won't
Reprieve Four Olbera.
Salem, Ore., Dec. 12. Declaring that
there was not Involved In the crime
committed by John M. Taylor, one of
the five men condemned to be hanged
to-morrow, the malice and premedita
tion necessary to constitute murder In
the first degree. Gov. West to-day com
muted the death sentence Imposed upon
him to life Imprisonment.
The Governor, however, announced
that he will stand by his refusal to re
prieve or commute the sentences of the
A delegation of suffragettes came here
from Portland to-day, but the Executive
was obdurate and bald that the m en must
"I am not going to run away," said
Gov. West to-day. "I am not going to
leave the capital In orelnr to avoid thn
atmosphere of the four hangings that will
make to-morrow a black. Friday for the
htato of Oregon,"
The Governor Is opposed to capital
punishment, but says that the people
of the State who voted for it shall be satis
fied. NEW YORK ARTIST WINS HONOR.
Beck Prlsr at riillndrlpnla Water
Color Shorr fiors to W. J, Aylnnd.
Pnn.APKl.rnu, Dec. i:.-To W. J. Ayland,
a New Vork artist, was awarded to-day
the Meek prize at the tenth annual water
color exhibition nt the Pennsylvania Acad
emy of Fine Arts. Ills painting Is alle
gorical and Is titled "The Last Port "
The neck prize, lino. Is the first of the
ten so far awarded at the present exhibition
to he given an artist nho lives outside of
Philadelphia It is one of the Important
prizes and Is regarded as carrying with it
a signal honor
1h exhibition began last Tlmrsdav
About too water colors by artUts of noin
are on view Five more prizes remain to
be awarded in the Inst two days of the
-Mr. John Innra Knnr'a Mnalralr.
Mrs John limes Kane gave a dinner fol
lowed by music last night at her home, t
iii1 ,ty''.,n.,h tret.MIa l.ucrela
Hon of'the Metropolitan Opera sang the
Hlr arid gavotte from Puccini's "Manon
l.escaiit ". and some Spanish songs. (Jen
oaro Pool ww at the plan.
Appeals From Lmvyer, Business
Houses nntl Assemltl.vmim
Kenrhofl Him. i
says court coxcthred'
jAcnin L'rjres Need of Pardoning
Honrd to Hnmlle All
aldavi, Dec. 12.-In his reply to an
' open letter from the Commlssionera of
AccountB of New York city criticising
,hls ac n ' commuting the sentence
Imposed upon Louis J. Abrams, who
was fined $100 and sentenced to thirty
days In Jail for violating tho law relnt-
lug to mock auctions, Gov. Dlx ln a
statement Issued to-night reiterates his
belief that a pardoning board should bo
vested with the powers of pardon and
defends his action with a presentation
,, ,,ji ,. Th
2,f ,nP fac,r mrroundIng the case. The
In regard to the commutation, day be-
're yesterday, of Louis J. Abrams, In
connection with which the Commissioners
ot Accounts or .-sew iorx city nave seen
("J0 wrl' me an Pcn letter of criticism,
1 beg to state that this case was pre-
tfn,e(i to my attention by a disinterested
attorney of high reputation and standing,
!r Qustavus A. Rogers of 160 Bioadway.
'XT. c,,y' . .. .
-,,r' ""Kris c.lme 10 rtioany IO,- ine sole
'cP,utJ.?b"s. ?5iVme.n..l 'N. ' rk.1
S-rsem "'from Z promlnem nrm"
aniotB Mrh rrp lhc jn,.rna,luI1Hl
. vnniii. V,,i'i'mB!.'..v
ver I'ompany. ?-t: Maiden lane, and A
treme penalty of J 100 tine and 30 djys ln
Upon Mr. Rogers's reouest I nhnned the
Hon. Henry Slelnert, Justice of the Court
of Special Session, before whose term
Abrams was sentenced, and the Justice
stated to me that In view of certain con-
court on the Bame day. It seemed that
commutation was amply Justified.
I uo not reel called upon ordinarily to
mnke exi, .ma! nn nf me ui.llnn. I.. ..I
filling my conception of my duties In the
matter of Executive clemency which,
under the constitution, Is vested solely
w,,h ,,1B Governor. But I desire' to take
advantage nf this little case to state that
amendment, to consider all applications
for pardon, commutation of sentence, res
toration of citizenship and parole, which
board would be able to thoroughly and
ctimprchenrlvely Investigate all of the
1 circumstances and claims In connection
, personally Investigate, as he would wish.
each case that Is presented to him ; and It
was with tho desire to obtain a personal
report on the most urgent cases that I
sent my assistant legal adviser. Mr. Pot
ter, to visit the different penal Institu
tions In this State to Investigate tho appli
cations which had accumulated and which
were urged as worthy of Immediate con
sideration. In practically every caae which ha-s
come before mo 1 have not 6lven favora
ble action unless such action was recom
mended by the committing - Judge, the
Prosecuting Attorney, or both.
I havo vctived a great number of
letters from distinguished citizens of this
State In all walks of life, whoso commen
dation has been indeed gratifying; and,
coming as they do from Individuals of
the highest standing In their respective
communities, far more than outweigh the
cavil and criticism of an unlicensed press,
which publishes statements without In
vestigation. LOCKED UP FOR BIGAMY
Tlndall Said to Have Had Family
When He Eloped With Girl.
Orange, N. J Dec. 12. Philip J. Tln
dall, superintendent of the telephone
company's building, who eloped last
February with Miss Frances Koelbel
when everybody thought ho was en
gaged to her mother, was arrested here
to-night on a charge of bigamy. It
happened thut Mrs. Koelbel Tlndall ap
plied to tho same agent of tho Essex
County Children's Society through
which a first Mrs. Tlndall has been re
ceiving support for her three children.
Tlndall and Miss Koelbel run away
on February 28. leaving a surprised
town nnd an amazed woman, the girl's
mother. A child was born later In the
spring and tho couple we-ro thought to
be living In harmony until tho young
wlfo went to August W. Abbott, tho so.
clety agent, on November !. Slio com-
plained that although they were living
together, her husband would not sup
port trW child and was cruel.
"Tlndall!" exclaimed Abbott, "Philip
J. Tlndull! Why. what's become of the
He then looked up his hooks and It
Is said that ho found that Tlndall mar
ried Miss Josephine Keely In Newark ln
1001. They lived together for eight
years nnd three children were born,
Mrs. Tlndull applied for support In Sep
tember, 1909, and arrangements wero
made by which Tlndall has i,ent her and
the children small sums ever since,
Mrs. Tlndall No. S made the charge
to-day und the man was locked up
without ball. Prosecutor Mott learned
that the second wife was only lii years
old when hhe went through thn 'mar
riage, ceremony, which, In his opinion,
Justifies making a more serious charge,
Mt'Cnnih Una n l.tqnnr Case,
William P. MuCnmh chulrm.ti nt il,A
J Democratic N'atloaul Committee, was sub
stituted yeticruny as attorney for Louis
Martin's restaurant In a suit brought by
State F.xclhe Commissioner Karlev to re
voke the liquor license because of alleged
violation of tha Uw,
Kennedy & Co.
OLD ENGLISH PRINTS
Modern mutctintt in colon by S. Atltnt
Edwards and other utiiti.
Etchings by Hadcn, Whistler. Cameron
Haig, Fitton. etc.
613 FIFTH AVENUE
tilth and SOtta Streem
GOV.-ELECT SULZER SAYS
MOSES WAS KNOCKKNEED
Debates With Scnntom nt Na
tional Press Club on a
1t.H..t..M.. r-. an mi . . I l
MiiinuiuA, urt. i.. im- -n"ii. 1 to tho State, by UocemlxT 20.
Press Club was crowded to-night with I Gen. Horatio C. King said on Tuesday
Senators, members of Congress, news- that such aition on tno pirt of ths At
paper correspondents and guests to ' tornoy-Genoral would involve a suit.
hear a debate on tho question:
bowlegs are a
greater menace to
i Oov.-elect William Sulzer spoko In
1 support of the affirmative and Senator
I Penrose of Pennsylvania upheld the
j knockneed end of the argument.
I Congressman Stanley of Kentucky, the
uc.:n.oia oi mo muei irusi, counicrca )att predict el. Mils attorney satfl yes
ngulnst Penrose for the nfflrmatlce and terday that the trust dcel which Cien'
tho blind Senator of Oklahoma, Gore, Sickles sent to State Comptroller Sohmer
tuipported Senator Penrose. 1 ,as guarantee or payment or tho shortage
dohn Hays Hammond acted as refctee.
. He Htiggesied as n prelude to the debate , Kittli nvciuin and Nintn htree-t property
, tlmt t was a "refiittitlnn of Urn charge i amount to practically SOOo.ooo at tho
that patriotism hud died out when men present time, and thin exclusive of Mrs
I'ke the mining magtnto, who In tho 1 Mckles's dowei right.
, Governor-elect of New York, nnd a Slier- j ,'h." Vroprny w.m uMsessed for 1012 at
lock Holmes ot high tlnance. like Hep- 21'.'; .i 'LX "Xii R i 'fK
.redentatlvo Stanley, aro willing tn como
and debate this great epiestlon before
In Introducing Gov.-elect Sulzr the
referee declared that Mr. Sulzer was
'specially qualllk-d to condemn bowlegs,
being bowleiged himself, and that he
l had mowed his capacity to discuss the
subject by admitting he knew nothing
about It, the common test prescribed In
th" Senate and House for orators.
Mr. Sulzer declared that he was
neither knockkneed or bow-legged.
"I have observed that the bowlegged
.men havo more trouble In getting
I around or more accurately ln getting
ahead. Most bowlegged men overcome
, the' Impediment to navigation by riding
a horse," he said.
I "I never ask a bowlegged men how-
he came so, because mw; of the bow
legged men I have met were armed.
Howlegged men cannot play baseball. A
knockkneed man always knows where
he Is going and generaly reaches his
destination. Among the celebrated
knockkneed men of history I point to
Moses Socrates and Hannibal."
Mr. Sulzer was applauded voclfer
Senator Penrose had made the dls.
covery that practically
suit Instituted at Reno
directed toward the severance of bonds
v.lt.l knockkneed men. while n careful
search of the records had proved to
him that no bowlegged man ever was
sued for divorce. Senator Penrose also
said that results of a long research into
.h .i,u.. ..,,. .(,-. i.i,i,.j
the subject prove that a knockkneed
man will collapse In the road under
the Influence of stimulants, while a
bowlegged man was going gayly down
John Hays Hammond, the referee,
said he could not decide the question,
but recommended that both bo abol
ished. WIFE IN MAGISTRATE'S CHAIR.
She Tata Ifaalinnd on Probation and
Court Adda to Sentence.
Magistrate Appleton in the Morrisania
court arose from his chair yesterday
morning nnd invited Mrs. Isabel Archer
of 311 East 101st street to bo seated. She
looked 6urprled and hesitated
"I mean what I said," the Magistrate
told her "You have brought your hus
Iwtnd before mo and charged him with
drunkenness, brutality and failure to
support you, and I'm going to let you
"But I don't know what he deserves,"
said Mrs. Archer
"Give him anv sentence you want to.
You say he has failed to support you
and vour four children?"
"Ye-s," assented Mrs. Archer.
"And that hu Is constantly drunk?"
"And that ho has been brutal in his
treatment of you?"
"Yes," ugnln assented the plaintiff,
"'I hen what do you think oucht to h
the punishment V"
"well, said Mrs, Archer hesitatingly;
well. I think a nerlod of nrohation mfo-fit
1 hereupon the magistrate told Eugene
Archer. Mrs. Archer's husliand. that.
he was nut on probation for one var
and that ho would have to report daily
to Mrs. Archer. May nway from barrooms
and y to tho specially appointed pro
bation oflloor Sm ix week.
"If you fail to obey the orders of this
court, continued Magistrato Armleton.
you'll go to tho workhouse for six
Somewhat bewildered. Mr. and Mrs
Archer loft the building arm in arm. i
I FOUNDED 185ftl
MENS & BOYS'aOTHING.HATS&FUlISHIM
We have added several hun
dred suits in fancy mixed pat-,
terns to the
Men's Sack Suits
From $30, $32, $35 and $38.
Excellent styles, quality and value.
f Astor Place &l Fourth Avenue' v
SUB WAV AT THE DOOR-ONE fcl rrie aDnu ...! 1
! REFUSE TO MAKE GOOD
Attorney - ftenernl's Demand
' Resented by Other Monu
CALL COM PTHOLIiKK LAX
Report That Mrs. Sickles Won t
Oive More Aid Till House
Attorney-General Carmody to-diy will
ssrve notice upon the tiv;mborfl(of tho
New York Mcnumcrits fomtnisslon that
he holds all of them jelntly responsible
with their former chairman. Gen. Danlvl
E. Sickles, lor the thortage in tho corn
mi slon's funds. If the Attorney-General
carries out hi ultimatum of esterday
thU will mean that tlw commission is
Aviwtwl tn rpfunrl S2f.?4S. whleh U nwlntf
1 1 .
,f'lnc" ,ne: Ior c"p- ,!avl K trvca n vie
commission only ens year, doe not.
intend to l hula responsible for a condi
tion of affairs crowing out of twenty-Bii
years of what Ite termed laxity in thn
Comptroller' oltica 5n. Kiw; tpota
as tnough other monitors of the com
mission ute of his opinion.
Tho Attorney-General's action db-
! stantiates what nn attorney who has at
v.triniid time. upLmI Ini- thA SlrL'lea fnmiltf
( property, the sat of whiHt, .according
; te tlio informa would leave little if
an thing tor the rnpaj tnnit ofthe State's
liiniU. certninly if Mi hlckles insisted
upon herilowei tiRht- in the property.
Mrs Mri.len'rt tiin'.J ul the Hotel Albert
yesterdiv raid her inistre-s was quite,
ill and tn.it lur hysiciun hud forbado
her discussing troublesome matters.
Mrs. Sickles denied through the maid,
however, that sho had given what pur
ported to lo an interview on 'luesday.
Mrs. Eela SicKles Crnckenlhorpe, whosa
petition for the control of the $50,000
trust fund left by her grandfather ia
under advlse-ment by Justico Page, said
at the Hotel Patterson yesterday that
she is ill also and in no condition to discuss
her fut hcr'safTaira.
The doorbov at Gen. Sickles' reside.no
23 Fifth avenue, reported that the Gen
eral was sleeping nnd could lot be dis
turbed under any circumttance9. par
ticularly bv reporters. Stanton Sickles,
tho son, left word toward evening that the)
engagement he made at 6 o'clock to meet
the reporters at s P. M. could not bo kept.
as he was excessively tired.
An evening paper eptoted him ns say
ing that while his father may have loit
??.000.ooo In Wall Street the old manwaa
not altogether to blame. It Is reported
I, that ho said that his mother would not
I come again to the General's assistance
I until his housekeeper. Miss Eleanor Wil
merding, hael left the General's house.
every dlvorco i otmg Sickles is quoted further as say
i,,. h,.,. ., ins that Gen. Sickles wants his wife to
nnd other monevs exindeel bv her in
his behalf amounts to too.000. If she did,
this the General would turn the money
ovef to the State to cover the shortage,
''his. however, uccordlng to the report. .
i would be possiblo only with the absolute
elimination of Miss Wilmerdlng from
the General's household.
American ItccoTera 910,000 Xeek
Special Cable Despatch to The 8cm.
Paris, Dec. 12. An American woman
to-day claimed a pearl necklace Which
was found on the street here on Tues
day and which is valued at $10,000.
She gavo the finder of the necklace a
reward of $100.
KRANICH & BACH
and other leading makes,
that have been slightly used,
but have been thoroughly ren
ovatcd, and arc guaranteed
equal to new, at prices that
will appeal to all.
TERMS TO SUIT.
Special Inducements to Teachers.
ALSO PIANOS TO RENT.
Small Uprights for Small Apt.
CHAS. H. DITSON & CO.,
8-10-12 East 34th Street.
r nun nUMHWAT-l