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THE SUN, FRIDAY, JUNE 30, 1916.
TAUSCHER CASE TO Marshall fights to ha ve
RAE TANZER HAPPY
AS JURY DISAGREES
RIOTING OCCURS IN ! BELMONT AND MOSS
STUDENTS GET PRIZES
FOR ESSAYS ON SHIPS
HIS CASE GO TO SENATE
GO TO JURY TO-DAY
5TH AY. BUS STRIKE
CLASH AT INQUIRY
Frecdinnn Estate Executor He
fore Thompson Committee
Threatened With Ejection.
Correspondence' Shows He's Anxious to Have House
Vote to Impeach So He Can Get "Fair Hearing"
on Equal Footing With Accusers.
Fifteen Winners in National
Foreign Trade Conneil's
Ciiptniii Admits Ho Lied When
He Snid Ho Sent Books
Man Like Osborne Cnn't Tool
Twelve Amcricnn Citizens,
Three Men Arrested After
Fight in Onrnsc Conduc
tor Pulled From Cnr.
MMK. (JAT)SKI TX COUHT
Curt. Hans Tatincher Jnt lieforo rt Jury
mid JuiIro llaiid In the l'ctlcnil Criminal
Court yesterday llt-tenlnR to Prosecutor
Itcjtcr It. Wooil's denunciation of his.
Tatischcr's. nlleRcl part In tho conspir
acy with Copt, von 1'iipen and l-'mn
Wiiclienrlorf to Wow up the Welland
Cnnal. At Ids slilo was Ills wife. Mine,
narlskl, tlio Kraml opera finger, und di
rectly behind htm Fat his daughter.
It wim a IrjIitR day for Cnpt,
Tituseher. Ho had taken tho witness
land In his own defence and had under
Kone a fcfcie ipiestlunlti-. Un his ill
re:t mamlnatlon Capt. T.u-her. told
of belli c: In Km-u at the time of tho
outbreak of tlio war; he Mild he had
offered his eertlun to the War De
partment mid had been directed to corns
to America and report to Capt. von
l'npen, the (leriniin tnllltnry attache.
"I arrived here on AUKtist i'7. 1911."
aid Capt. TauKcher, "and on tho fol
lowing day 1 reported to Capt. von
Paren. Ho said to me. 'Vonr services
In ordnance mutter. In tlndlnK out
what the Allies are dolne In tills country
In the manufacture f war materials,
and In general commercial matterii will
be of great value to me" 1 told Capt.
von l'apen that Inasmuch as I repre
sented Herman InlereMn In this coun
try I vvouM not under nny clrcum
Manors do anything In violation of the
laws of the country."
"Did you exact n promise from lilm."
asked Herbert C. Hinytli, his trl.il at
torney. "He promised me that he never would,
aalt me to do anything against the laws
of the United States." said the wit-1
ness. Capt. Tauscher explained that at
varlouw times the attache asked hint to
gst certain things for him and that he
always delivered them nt cost.
Capt. Tauscher said Von l'apen had
1oM him nbout Ilrhlgeman Taylor, alias
Von der (loltz. and had asked him to
get some dynamite for Tiylnr for mining
purpose in .Mexico. He denied that
Von l'apen ever said .nothing about the! reveal. I suggest to you that the name
Well.ind Can.il and denied that lie him-j of this gentleman ought to lm n.see--self
ever heard of the canal until his . talned for the sake of the credit of all
arrest. He explained that lie knew his persons concerned In this matter.
CSoverninetit was in i.ei-1 of cupper und "You will reallzo that this course of
that copper ore w.i- being unearthed In conduct toward my ottloe Imposes on me
Mexico. t.o when T.ior railed and ex- j the dutv of peeing to It that other Im
plalned that he wanted .loo pounds of ' port.mt prosecutions In this district shall
uynanme ne un noi mum it iniii-uai.
A to Von IMp.-n. he -aid be was ac-
customed to rely oil tne wont or an
army otllcer. He admitted that he bad
received Instructions from Von Tapeii
to site six pistols to A. V.. Ncvtlnaton.
"You knew that Von l'.ipn had the
Herman secret service under him?'1
asked Mr. Smyth.
"Yes." replied Tauscher.
As to the ordering of the ilyna.iilte,
he took I-,,,, with a el.-rk of the dii font
-Un,,..,. j. .iib ic u.hi iae . ierK wmi ,wn ndictert through Mr. Marshall's
he wanted tbe. dynamite for Mexican ,nott on a charK(, of vlo,.lt,n(J UlP e.hf,r.
V'.tSV" , " ', ,'C "T,' :iS"i"i.,i, law In an effort to aid r-.vriimuy b
n.rt, i L "."""V,""1 V10 "'u"ls al1 topping the shipment of munitions to
parts of the name entemrli-e. He ex- i. i .
plained that he had iiuied or torn up n.,' .,,.. v,. ,,. .., ,
oce'so tho:vviii",1idco:,,r,1i,,"ot," ,v "u . t
office so the Alll. coull not et them. ,,,, Ucnj!imi sl(1(le anoTMy ror
rt,i,. ii- i i ,i 'ac Tnnzer. n-sserted during the trial
' nr i.kii. (llt thr ,.ub.0,mnttee had found him.
tinder cross-examination he said that ".Mr. Marshall, guilty,"
t the time of his arrest he was not per- "What his advance knowledge of the
mltted to telephone for counsel He ad- i 'confidential teport' wns, 1 am unable to
mltted that ho Ili-J to the Federal agents state," adds Mr, Marshall,
when he said he had regarded Taylor Mr. Marshall In his letter complains
aa a stranger from whom lie rotild make . that, althouuh the report leaked Into tne
K profit and when he said he had sent . i.pn.inpr. hp una nmhi. m i,in ih.
the books of his oftlce to Uermany. He i
admitted that Mr. Smyth's opening
statement that It was Tauscher's duty
in regard to Von l'apen to "obey and
not to question" was not quite correct,
"Do you want this Jury and court to
Believe," asked .Mr, Wood, "that ipt.
yon Papen betrJyod you into a lolatlon
"I think he misled me," said the wit- i
Hess. "Hut hu had no Idea of violating (
"You think ou and von l'apen acted
"Your defence is that yon relied on
von l'apen? i
"Why. certainly. Von P.inen Is a ceo
Asked wli he liad exacted a promise
from Von I'.ipvn, he said .
"Any military attache i'i any country
In time of war nets differently from
what he would In tune of peace." H
said that after hln arrest he realized
had been misled b Von l'apen and that
he lied to the IVdoral agents to pro
tect the Herman i:uibass,
Juror No, s then asked the Captain :
"Would on subiiicllnate.yonr moral obli
gations to the Culled States while you
were living under our laws, if any act
of ynurH would be of Interest and as.
iMunce to jour own t ioverninent. on
account of the conditions existing at the!
on 1'iiiieii Illumed.
"Thnt Is i hard questum to answer,"
replied the Captain slowly. " have not
crossed that bridge ct it would mean
a hard light between my c.Jiisilei.ca on
the one sldu mid what I would do for
Patriotic rejj,ns on tin- other iteally
I must have time to think It oser. it
would cert.uii l, ,t luuKi tcrrlllc fight
because 1 have Ihcii luie so long with
many friends, and on tho other tldo I
am a patriot Well, Vli,. not crossed
the bridge yet . I have not come to that."
At the afternoon session Mr. Smyth,
peaking In behalf of dipt. Tauvhe-.
laid nil the blaino for the Cinndlan ex
peditlon on dipt, von 1'apen; railed hint
a "patriot and a misguided blunderer."
He argued that the cvid. i. showed
that it w as absolutely im& di.ible that
Capt. Tansclier kn.;w c,'. thing nbout
the alleged enterprise and that tho woid
of the defendant 'Wim tu .e taken ag.iln.it
that of Wachendorf. olins Von der Hidtz
7'he case will v.fi to tho Jury thla
Court Holes lliii-linnnii mill Others
Must Face. Trlnl.
Judge r K. A nlverton In an opinion
filed In tho I'nlted s'tate.s District Court
yesterday upheld tho validity of tho
Sherman law Indictment ngalnst Con
gressman Frank jiiiohHnnu, Frank R.
Monnett. fnrim r attorney-general of
Ohio; Jncol, c. Taylor, pi'sldent of
Lalwr' National I'eace Council, and
the others who nie said to have o in
spired with the Herman agent, Franz
rtlntelen, to stop tin, shipment of munl
tlonn of wai fiom tiila country tj the
The defendants Monnitt and Taylor
attaekrd the validity of tho Indictment.'
In their motions to have tho ehaiaes
Otiashed. .Imlge Wolv.rton overruled
their ruiitentlnns. holding thnt the true
hills set forth nilllelept facts to justify
the rial of the defendantM. The Judge
ndmlts that during the argunum on tho
I'V .T'" .lnr11""'1 'I'" opinion
After caret, illy eVimlnlr.g the amhorU
ties, however, lm syH, ,e came ."the
.deq-m.1,." U,M ,h "'"'""" wero
The Judge nlso dlsmlshes the stinn'e.
Tavlor' u 'Ui" V Mf"l,'"
Taylor fot t uitniIb(,;il ot , (,
United States Attorney 1L Hnowdsn
Tiiarshu.ll will do everything In his power
to prevent the Judiciary Commltteo of
the House of Hepresentatlves from
dropping the Impeachment proceeding
against him. The Federal prosecutor Is
nn.xious to have the House vote to Im
pencil him eo the case will reach tho
Senate, where, Mr. Marshall belloves, he
will be given a "fair hearing" on an
equal footing with hla accusers.
Mr. Marshall makes plain his desire
In this connection In letters written by
him to Chairman 12. Y. Webb of the
Judiciary Committee after the sub
Julclary committee appointed to con
duct the Impeachment Investigation had
made Its report criticising the conduct of
Mr. Marshall's office, but refusing to
In his last letter to Chairman Webb
Mr. Marshall accuses an "unnamed Con
gressman" of giving to a newspaper re
porter the comtnlttoe's confidential reort
while llae Tanier was on trial beforo
JikIru Wolvertou In tho United States
District Court here, charged with per
jury. The publication of the confidential
report at that time, Mr. Marshall Inti
mates, was all the more regrettable since
it charged him with using the power of
his "great office to ntd hla friend, James
W, Osboriie," and also with administer
ing "unusual and cruel" treatment to
"The fact thnt the T.tnrer case was o-i
trial nt that time," says Mr, Marshall In
hU letter of June It to- Chairman Webb,
"was well known to your nub-committee,
and the fact that Its publication would
have a tendency seriously to Impede tho
prosecution of this nisi, and might In
lluence the minds of the Jury who weie
l considering the tape, was of course well
Mlown to ull concermd.
Loaned to ltrportrr.
"I have caused Inquiry to be made at
to how this confidential paper came to
be given to a newspaper and have ascer
tained that a copy of the 'confidential'
report was loaned for one hour to the
Washlngron correspondent of tho news
paper by a member of Congress whose
name this correspondent l unwilling to
not l hampered or Impeded either by
the malevolence of nny member of Con-
teres agalnM me or by the sympathy of
any member of Congress with a de
Mr. Marshall adds that he Is especially
desirous that no such confidential reiorts
he divulged during the trtal of Congress
man Frank Buchanan, who iiiHtlgated
the impeachment proceeding against him
nfter Iluchanan and others connected
wltn Labor's National I'eace Council had
committee to forward him a copy so he
might prejiaro his defence point by point
and nn.swer any specific accusations
made by the sub-oommlttee. llecnuse of
his Inability to get the report, Mr.
Marshall wrote, he would not waste time
ti.iliw to answrr the chroge before the
Liiinii - i.
i to ,o, but would wa'it until the matter
re.ulu,! Hip Srn.n
WimiIiI Go Ilefore Semite.
"I leallze of course," tlie prosecutor
(ontinii. s in his letter, "thnt jou are
entirely witliln our rights In not siip-
laying n me an oiim.ii copy of the con
llilentlal rrport f yOUr subcommittee.
It seems to me that In a case of thin im
portance It would be wl'er for nu to
uquett you to proceed with your Im
peachment, so ( can take the matter up
before a tribunal where I shall bavo the
right to know specifically what the
charge aie against mo and shall have
the same opportunity to firesent ev.
d nee In my defence that my accusers
have hart to present evldenco against me.
I'or that leason I have determined that
I shall do nothing to prolong the Investi
gation which you nre conducting,
"You have the right to prefer charges
against me, not In your own body, but In
pot carry with It the right to libel nor
me rcnaie. rnc riglit to tmneach does
urn ricni 10 tase action wnieli would In
volve tne impeding of the proper func
tlons of courts and Juries.''
Mr. Marshall refrained from giving
out his correspondence with the commit
tee until the Tanzcr Jury had been dis
charged. The exchange of letters be.
gnu with the Invitation extended to Mr.
Marshall by the Judiciary Committee to
appear before it on June 23 and In one
hour's time answer all the charges
against him. In declining this Invitation
of the commltteo Mr. Marshall, In his
ment on the grounds that during the
Federal Hrand Jury proceedings there
were persons In tho Hnind Jury room
who h.id no business there, that n luok
containing the minutes of one of thp
meetings of I.nbnr'H National Peace
Council was illegally selzid from tho rle.
fendant, Henry II, Martin's office, and
that the (ioverninent requl ed tho presl
dent of the National Metropolitan Itank
of Washington, 1 1. C to present to the
Hrnnd Jury deposit tickets and cancelled
checks left by Martin, who was a de
positor at the bank.
In addition to the defendants alreadv
mentioned, David l,.imar, cv-Cougress-miin
Itohert H. Fowler of Harrlshurg,
III, and Herman .1, Shultels, formerly
connected with tho Anti-Trust League,
were named In the Indictments sustained
by Judge Wolverton.
WOMAN IS COUHT ATTENDANT.
First In History at CM) Will Serve
In Appellate Division.
For the first time In the history of
Now York a woman has been made a
rnurt attendant. She la Minn Minnie
Miller of 429 Charlotte street, Hrooldyn,
aid sho will succeed Kdward C, t),
Thomas ns confidential attendant to Jus
tlci. Page of tho Appellate Division.
Hut Miss Miller will not have to clear
the way for Justice Page through
crowds or cry "Hear ye, hear yo!" when
ho conies into court or bounce men
who refuse to remove their hats or per
firm any of the duties commonly sup
posed to be tin. so of a court attendant,
t I the Appelhite Division never has any
i rowds, Miss Miller's work will b thnt
of a clerk or secretary, and the Justice
i.e'pted her because of her speed and
accuracy ns a stenographer and her ex
perlence. Her salary will be Jl,nn a
letter of June 21, points out tho utter
Impossibility of meeting tho charges of
the committee In the time allotted. In
splto of the fact that Congress had re
cently adjudged him In contempt for dis
paraging tho motives of tho sub-committee
Investigating his office, Mr. Mar
shall In this letter Bays tho whole effort
of that committee seemed to be directed
to getting evidence In support of the
charges without making any serious ef
fort to "ascertain the answer to any of
those various charges which they now
accept as truo and set forth In their re
Iort to tho whole Judiciary Committee
us findings of fact"
"It was freely predicted a long time
ngo,'' says Mr, Marshall, "that the sub
committee would not present charges
against mo, but would wind up its labors
by presorting some shirring and orfen
slvo report against mo. This has been
Strictures on Conduct.
"The method In which this Inquiry
has been conducted by the sub-committee,"
continues Mr. Marshall, "lias
created n widespread public belief that
they wero not trying to Investigate me,
but that nil their efforts were actuated
by a deslro to aid n fellow Congresman
who was Indicted, and make it a danger
ous and difficult thing for nny District
Attorney whose duty called upon hint
to prosecuto a memlier of Congress.
"In the report of the sub-committee
there arc n number of strictures on my
personal conduct and on the conduct
of my assistants and on the general con
i uct of the office of which 1 am tho
hi ad. So far as the report Involves
strictures on tho conduct of my assis
tants, I beg to say that 1 am personally
conversant with the real facts alluded to
in the report and that I take full re
sponsibility for the coinlu t if my as.
sltants and linvo had personal knowl
edge of everything they have done."
Mr. Marshall callu attention to the
fact that he whs not present or repre
sented at tho proceedings In which the
evidence against him was taken. Tho
derogatory statements made in the com
mttteo's report, ho insists, are all un
supported by facts. The prosecutor
takes Issue with tho finding of the sub
committee that although tho conduct of
Mr. Marshall's office was lax, there was
nothing proved against him to Justify Ills
limoval. Mr .Marshall tepllcs em
phatically thnt If he were guilty of tho
things charged ngalnst him by the sub
committee he deserves to be removed
from office. In tills connection he
"I ran hardly Imagine a lower stand
ard that could be set for public offi
cials than would bo set If the Judiciary
Committee on such a report ns this ad
vocated the dropping of the prosecution.
If I caused the indictment of any man
or woman for the purpose of aiding a
friend. If I failed to prosecute any case
for Improper reasons, if I prosecuted any
case out of malignity or cruelty, or If
my office Is so run as not to Inspire
public confidence and Is run In a lax
ami Improper way, It seems to me that
I should bo prosecuted to the limit of
Congress nnd removed from office.
"If they do not believe that they have
charged me with conduct that would
jtntlfy my removal, there is indicated a
very low Idea of morals on their part.
If on tho other hand they mak their
recommendation that the proceeding be
dropped because they nre unwilling to
give me a chance anywhere to present
my side of the controversy their action
netds no comment."
Chairman We lib's Id-ply.
In reply Chalni.iin Webb on June 2.1
wrote Mr. Marshall that In accordanie
with a resolution Introduced by Mr.
Carlln of the nlb-cotumittec the entire
Judiciary Committee bad decided to give
Mr. Marshall ample opiiortunlty to ap
pear beforo the committee with his wit
nesses, if necessary, to answer the
charges point by point In i session that
would be continued from day to day
until nil the evidence upon the charges
in his last letter to Chairman Webb,
written on June 21, Mr. Marshnll de-
I dined to accept this Invitation because
I of the failure of the committee to send
I him the "confidential report " He says:
"I do not think there would be any
advantage In wasting either our time
or my own appearing before your hon-
oralilo commltteo and entering Into a
general discussion of sure forty charges
. supported by about one thousand
I printed pages of testimony, without nny
accurate knowledge as to which of the
.charges jou deem to bo Important and
which you deem to bo already dls-
In conclusion Mr. Marshall begs 'that
the Judiciary Committee nnd "the other
gentlenun of the House of Itoprc nta
1 fives, for whom I have the highest le-
hpict," will not repeat their mistake of
considering his letter In any senve as
contempt of the Houso of Heprescnta
tlves. I "The exposure of the misconduct of
i one or more of the members of the
I House," he says, "Is not. In my opln
I Ion, contempt of the House, but ought to
j l. and I think It will be, regarded as a
I favor to the honorable 'members of that
"On my part 1 have n plain dutv in
perform. I nm counsel for tho I'rillnl
States In certain criminal cases against
various persons, nnd it Is my duty to see
that Justice Is done In thoee cases. It Is
my duty to prcvint Interference with the
course of Justice, no matter how jsjwcr
fill may be the Influence, that Is invoked
against the prosecution,"
FIGHT FOR U. S. LIGHT PROXIES.
Otllcer of Company tltnck Mip
porlers of i. M. Walker.
A committee of off leers of 'the I'uited
States liglu and Heat Corpniatlon his
sent a circular to tho stockholders tell
lug them not to give their proxies to any
one until they have learned tho truth
filmut what the committee bellrvea to be
an attempt to endanger tho success of thu
company. The stockhohli is mo re
quested not to give an option mi their
stock for sixty days or more, which
would make It pomlblc for the stock to
he voted at the annual meeting against
the shareholders ami In favor of the
peisoiiM whose proposal tho directors!
hivo i efused to ratify.
It is further staled that the inrn who
are t-ecklng tho pioxles havo not the
best Interest of tho company at heart
dtto 1'ressprlch, one of tho proxy seel-,
ers outside of the official staff of ttu
companv, la ald to hovo recommended
on June f., lum, Dm approval of Huv
M Walker' compensation amounting til
J;i2.ri,ooo common ami i.in.nno tu'efeired
i tuck In connection with thu reoig.inUa
tion of the company. Mr. Walker, It
U charged by ifflcers of the companr,
resigned from tho chairmanship of tho
board linen days before tho date set ),y
the Attorney. Henenil of this Stall In
prnrci dings Instituted against lilm hn a
dlierlnr by the present management.
William C Wilson, another Independent
phM ei ekei, , eaiii lo be an intimate
friend and neighbor of Mr Walker
The officers of the oompiny s.iv that
Ihey will soon send the ( toekholdei s
complete refutation of nil of tlx- stale
ments of tho Independent proxy com
mltteo, in.idu In a circular duled June 21.
SHE MAY HE II ETUI EI)
The Jury In the cuse of Hue Tanzer. ac
cused of perjury In Identifying James W.
Osborne with Oliver Osborne, disagreed
yesterday nfternnon and was discharged,
with thanks for Its attention, by Judge
Vvotverton In tho fnlted States District
Tlie Jurors began their deliberations at
4 :30 o'clock on Wednesday and spent
four hours nnd a half In discussion be
fcro they went to tho Hotel Knicker
bocker for tho tilglit. They resumed
deliberation nt 9 o'clock yesterday morn
ing and tried vainly to reach u decision
until 3 In tho afternoon. At that hour
Frederick Kelly, foreman. In answer to
Judge Wolvt rton'a Inquiry in open court,
said he thought there was no chance of
Itao Tanzer, whosn condition was such
that at 11 o'clock yesterday morning sho
had to bo borne to a couch In the oairt
room, where sho remained until the Jury
came Into court In the afternoon, re
ceived the verdict without any special
display of emotion.
The division of the Jurors was not
definitely gloii, one leport was that
they stood ten to two for conviction;
another had it tint they were evenly
Tlie Jurj. on its sppejrancc in court
in (hi) morning, a-ked to )mo that patt
of Judge Woiverton's charge dealing with
the different counts In thu Indictment
lead over Aflcrwnid the Jurors sent
to the Judge two questions in writing
and the Judge replied in wilting There
was a stor that seviial of the twelve
men wanted to return some nut of a
tlnd.ng exonerating J. lines W. tisborne,
atid that one of tho questions dealt with
Miss Tanzer may bo retried. Her
case was preceded by the conviction of
Franklin D. Safford, u hotel clerk at
I'lalntield, N. J., for perjury In swearing
that James W. Osborne was the man
who accompanied Miss Tanzer to Plain
field, but the Circuit Court of Appeals
leversed Safford's conWetlon.
After tlie Jury had been discharged
the following stati ment was given out
by Miss Tanzer.
"I, and every one else who testified
that James W. Osborne Is Oliver Ok
borne, told tho absolute ami unqualified
truth. I nm happy to know that even
n man like Osborne, with all the power
tint he has nnd uvd ngalnst me. was
not able to fool twelve merk.in citizens.
"If It had not Wen for my former
lawjer. Harold Spielberg, 1 would never
have itmde any statement whlih tho
government claims w.u a recantation.
He represented to me, as I told under
oath, that I could not HkIii such a pow
erful man like James W. Ueborne. and
If I recanted Spielberg would arrange
that lu one would be hurt, and I hold
hts written agr enu lit. Willi h I showed
the Jury, to that i fleet After he got
that he went before tlie Hrand Jury that
it'dlcted me, as a witness, and also ap
peared as a witness against me on my
trial because 1 w.i.s compellid to tell
the whole story about Ins condui t When
Mr. Chaulir learned the facts In regard
to this mittcr lie r. f'i-"l m i.ermit Spiel
berg to s(t at the same table with him
during the trial, ami tin. illy he succeeded
In getting the Slades to help hint t j de
"I nm very grateful to my attorneys
for their efforts In my Uh.ilf My ex
perience has beili bitter, but I have
profited li.v tlie knowledge that tlie Lord
Is merciful and the world contains many
good hearted people who came to m
rescue and assistance It was noble of
Mr Hammei t in, in the Interest of Jus
tice and truth, to appear voluutarll and
give the lie to Harold Spielberg.
"My sufferings will be repaid If as a
insult of the f.uts disclosed In my case
i the administration of Justice in the Fed
eral Department lure is pur. tied
Former Lieut -Hov. Lewis Stuyves.tnt
Chanler, Miss TalizeiV chief attorney,
also gao out a statement icasertlng
his faith In the truth of his client's
ACCUSED POLICEMAN A SUICIDE.
l.enps From eleventh Miir of
Hullilltiit In fourth Vveniie,
1'nllceinaii James Couvva.v. under sus
pension spue Tuesdey pending Investlgi
lion Into a charge bioiight against him
by a fifteen-) ear-old gill, committed
suicide jesteid.iy by plunging from the
eh tenth story of the build. ng at Fourth
.'teniie and Twenty-ninth street Scores
if persons in the strict and marby
office buildings witnessed the Incident.
Conway, before becoming a member of
the police f rie, was tinplo)t'd by Jor
dan, Marsh Co. lie went to the of.
I'ces of that firm esterilay ami chitted
with the cletlts and Frank Athersoii,
managir of the local blanch. Atln rson
left Con way alone for u few moments
aid when lie returned lie found the win
dow bad been smashed, presumably by a
chair th it was left lying on the floor.
The poll.'cni.iu was .viars old mid
lived with his mother at 1.11 West Sixty
seventh sifeet He was attached to tlie
lllehinond Hill precinct. Several days
ngo he was hold In ball by a Magistrate
on tho iicciis itlon made by the girl
TRAIN HITS AUTO; TWO HURT.
Wo inn n lliltlnu Her n Cnr In
Crush nf IIim I, vllle I entre.
Mrs. lllleu L.inger. 15. the wife of IM
weld Lunger of South H.iytlew ,tte.
line. Frerport, L. I , Is lying In St Mary's
Hospital, Jam. ilea, suffering from seri
ous Injuries lei el veil In a collision be
tween her nut. mobile and a Long Island
liallronil train nt Itockvllle i 'entre yester
day. Several rib.', aie iuoken and thou;
l.i n possible dislocation of tho hip. In
in-other room lies her chauffeur, Hu
dolph Novak, 21. who was with her In
the car when the nccldi nt occiiirod
Mrs. Lunger and her chauffeur on the
one side and Heorge Van Nostrum!, en
gineer of the train which struck the car,
or the other, relate i nllicting stories
as' to tho ciiuso of the accident The
engineer k.i.vh the inachlno run Into the
side nf ills engine Mrs. I.auger and
Novak assert the train Mind, the nuto
mobile. Theio Is tin dispute as to the
fact that Mrs. Linger was driving her
car over the r.illro.id tracks at tlie Forest
avenue crossing In llockttlle I'entre.
SALOON CRUSADE RENEWED.
Montcliilr In Hold iioiher .o
License election In Full,
MoNTri.Aiu, N .1. .lime 29. - Another
local option referendum Is planned by
the No Llceuiii League, w Iiomi eltort to
make the community dry lulled at an
election last November. Tlie new tcfer
eniliim Is niadn possible through the re
cent adoption of tho commission form
of government In this town,
It Is tin. purpose of the league to con
duct a campaign of education nil sum.
mer and hold the refei e inlum after the
Presidential election In older to piesent
the Issue free fioiu political liilliieiices,
The existing licenses, eight letall and
three wholesale, were lenewed for olio
e,ir by the Town Council this week,
MEDIATOR TAKES HAND
The second day of the walkout of the
drivers nnd conductors of the Fifth ave
nue buses culminated yesterday In vlo
lenco between tho strikers and those who
refused to quit. Three men were ar
restee! and n fourth mnn, a conductor
on ono of the buses, wns Injured when
pulled from his post by n group of strik
ers in Columbus Circle.
Harry Illpcr. one of tho oldest drivers
employee! by tho Fifth Avenue Coach
Company, wns leaving tho garago at 10
Hast 102(1 street when he was occosted
by John Lawlor and Patrick Farrcll and
told not to attempt to go to work. Ha
refuseel nnd n mlxup follovvcel in which
all threo men rolled down the stairs
fighting nnd Into thu street. They were
taken to the Feist 104th street police
Htatton on n charge of disorderly con
duct and will have a hearing to-day in
the Harlom idlce court.
Unless the efforts of Michael J. Regan
of tho State Hoard of Mediation and
Arbitration nre successful thero ro Indi
cations that ttie strike will be prolonged.
Mr. Itegan conferred with both sides last
night, but no definite decision wus
reached. The employees want u recogni
tion of their demands for higher wage
and shorter hours through thu Chauf
feurs nnd Cabdrlvers I'tilon and the
e-oach company wishes to deal directly
with tho men through n grievance com
mittee. A service which started off In the
morning with hut nine buses running
bitween Washington Square and Nine
tieth street and Fifth avenue dwindled
to four In the afternoon, and by S o'clock
last night not a single wheel turned on
any route In tlie system. Crowds of
strikers In un ugly mood congregated
ulsout the garages and threatened em
ployees who returned to work, with the
ressult that most ef them were afraid to
take out the buses.
Hlchard Meade, president of the Fifth
Avenue Coach Comimny, reiterated that
the company Is perfectly willing to treat
with a grievance commltteo of the em
ployes, but could not countenance what
was termed "liiterferetue from outsldo
"We hope, however, to hate such dif
ferences as exist amicably settled within
a few dajs nt the most," added Mr.
SHILLITANI TO DIE IN
CHAIR THIS MORNING
(tovernor llns No Doubt Con
rerniiiff Simit.v and Hofusos
At.Ht.sr. June 29 Oreste Slnllitanl
must pay the penalty for hm several
murders tn the electlic chair at Sing
Sit.it to-monow morning Him fate was
scaled to-night by Hov Whitman, who
in the face of a flood of telegrams from
i very part of tho State and from men
and women of influence and prominence,
said lie h.i.l no doubt of the condemned
man's sanity and would not Intcrfeie
with the execution of the sentence of
"1 decline to Interfere.' slid the Hov
ernor after lie had read a large num
ber of the telegrams "Shlllitanl is not
Insane. 1 nm not particularly Interested
in what a few alleged experts are saj -ing
about his case As District Attor
ney I directed the pru-ecutlon and I am
familiar with every detail of the case"
With the execution of Shlllitanl the
Investigation to ascertain how it nil from
whom he received the revolver Willi
which to shoot two Sing S.ug guards :u
the getaway he made from Jhe vleath
house a Wee), ,(go will not stop. Hov.
Whitman to-d.i iistrin ted Supermen-
dint of Prisons .laniije ,I Cuter to pui
sne this inquire until he has learned
how Shiir.tani was able to gel posses
sion of tlie weapon
UssiNis'it, N. V. June 2i At tlie in
quest In the case of Daniel MrCarthy.
the prisini giiiiid, vvlio was shot by
dresto Shill't.ilil. held liefoie Coroner
Mills hete tn.da. much of the testi
mony lonccrned the question how the
condemned man got the levolver with
wiiicli he did the shooting. On this point
tlie testimony of Heorge Mesj-eroie, a
guard assigned to the death bouse, was
Messerote explained that ho was com
pelled to move .shlllltanti from his cell
to .me 1 efore w h eh there war a streen
and that he thought the theory that one
nf tlie priMiuci's two vls'tors had thrown
the revolver on the cot in the condemned
man's empty cell as they passed it was
tlie most plausible This wan also thu
theorc which Waiden Kirchwey thought
most ttiu thy of i l edence
Tho warden explained that there was
no mutton at Sing Smg to search women
vie-Uors, and that It would be o.isv fcr n
woman to smuggle in a letolver
PELL VERDICT SET ASIDE.
Appellate Division I'I nil is plow In
'.'tl.nou A mini for Death.
The verdict for J2D,00n awarded to
Mrs Kllz.ibelh Waiden Pell hv ,i Jury
before Justice Aspln.ill at Mlneohi in her
f2.M1.ii0n suit against the Inig Island
It.'i'lro.nl for tho death of her husband,
S.unuel Osgood Pell, killed August :i,
lit 13, by a lmg Island train nt tho
Wreck lMd crossing, nexir leing lle.u li,
was reversed by I tin Appellate Division
in UrooU.vu vesterday on the ground
that Justice Aspln.ill erred In his chargo
to tho Jury.
Tho coin t holds, furthermore, Hint the
finding by the Jury to the effect that tlie
train whistle did not blow for tlie cross
ing, as testified to by Mutoriiinn Huston,
Is against tho weight of evidence. As
regards the trlnl .fiiuil,.,. el,A t.Hit
memorandum states specifically that his
enargo was coiirusing uhui certain inn
ferial points" In that It contained con
tradlctlons. ami that It w.ih erioncous
on tlio subjis't of the sign board or post
Mtii. IVII missed ptobahlo Injury or
deatli by the meiest chance, having ne.
cepted an Invitation to return to tho city
with William K. Vnnderbllt, Jr., and
Hlchard Peters in Mr Vandcrhllt'n car.
tccepls f I7ft fur l.lmlieru Heath,
Surrogate ( "0111111111 signed an order
.testerday permitting Mrs, Mailou F.
I.lmherg, widow of ('ail Llmbeig, tho
aiitnniiihlle driver killed af the Shoops.
lie n Hay Spct dvv.iy May U, to accept
I ITS from Hairy S. Darkness, owner
of tho car driven by Llmherg, In full
settlement of all claims for her bus.
blind n death, .she said in her petition
that shottly before the race started her
husband signed a waiver of all claim
iigiilnst Mr Darkness, who has since of.
feted to pay her the money to defray
Iter expenses to the West, where she
hopes pi find einploj mcnt.
STENOOItAPHEIt Pl?T OUT
Two exciting tilts enlivened the fces
slons of the tienrly expired Thompson
committee yesterday. In one of them
Thomas Unrrett, Jr., of- counsel to tho
Guaranty Trust Company, ono of the
executors of tho Andrew Freedman es
tate, who refused to produce certuln of
the Freedman checks, was threatened
Willi ejection, and 11 stenographer who sat
beside lilm did take that mode nt exit.
In the second set-to August Ilelmont and
Frank Moss, the committee's counsel,
exchanged compliments. Mr. Uelmont
threatened to leave tho hearing. Mr.
Moss challenged him to go ahead, but
Mr. Uelmont reserved tho privilege nnd
t-at through his examination.
Thu committee had obtained a sum
mary from Perley Morse, Its accountant,
showing that 123 checkH totalling JDC.iOO
bnd been drawn by Mr. Friedman "to
bearer" and cashed by his secretary,
Jacques S. Cohen, during a period from
1912 to 1914, and that $3S,3;0 had been
drawn In this way between October 30
mid December HI, 1512, Mr. Cohen
testified that these sums were for living
e xpenses, but said that there was nothing
In tho acivunt books which hu kept tu
show how Mr. Freedman used the money.
"Wasn't some of It used to buy securi
ties with olliur persons and for loans to
other people -newspaper men and public
olllclals?" nuked Mr Moss. "No," re
plied the witness, "Not that I know of."
When Frederick T. Sherman, trust
rlerk of the Huaranty Trust Company,
refused on niltlce of counsel to produce
checks desired by the committee. Sena
tor Thompson turned upon Mr, Darn-It
and accused the bank of "taking ad
vantage of child's play." Hu said he
wanted the Huaranty Trust Company "to
stand clear beforo the people of New
York." Mr. Harrett retomd by saying
hotly that it did "stand clear." Mr. Mok-j
charged that l'crley Morse had been de
nied access to all the checks and papers
he sought nnd the row- followed.
Tlie late Mr. Freedman nlso was the
subject of a part of Mr. llelmont's ex
amination Mr. Ilelmont said be had
bought tlie New York and tjueensboro
Hallway for the Interborough. but had
not made a cent of profit for himself
In the transaction. As to the late Mayor
Haynor and Comptroller Prendergast,
Mr. Ilelmont declared there was no sucli
sltuntlm .as was described by Mr, Moss
In which the directors of the Interbor
ough discussed ways and means to over
come thu opposition of these ottlclaks to
the lnterborough's subway projsjsals
"You take the attitude." said Mr. Ilel
mont. "that some undue Influence was
brought to bear. We were simply trv
Itig to meet the views nf an unreasonable
city and city olllrlals."
"If It wore not mechanically driven
into us that ou are trying to brush
by this Inquiry we would not take tho
attitude wo do," letiirtied Mr. Moss.
When Mr. Moss beg.m asking alout
competiton In the bids for the third
trarklng contract. Mr. Uelmont flared up
and asserted. "1 won't allow' you to
make such Insinuations. You are try
ing to disgrace me "
"No, you iire tring to disgrace your
self. ' said counsel
At this point James I. Qu.ickenbush,
chief counsel to the Interborough. de
manded eirder Senator Thompson's
gavel poundi d incessantly and every
h idv eot back to earth. The committee
I goes on to.ila.t
SCHLATTER BLESSES HOSIERY.
I'nrt of llenler's Cure fur lllicnnm-
tlsin, Woman Delecllve sn.
Francis Fehlatter, "divine healer"
who wa.s discharged 111 the I'tnted States
District Court on Wednesday on a
charge of misusing the malls to practise
h.M cure, was arraigned in the Tombs
Police Court before Magistrate Nolan
testerday for practising medicine with
out Is-lng a licensed ami registered
Appearing ngalnst Si blatter were
Mrs Allele D. Pielss and Mrs Isabella
Hoodvv.u. detectives from Police Head
quarters Mrs Prolss test-fled that she
went to Schlatter at 33P Weet Thlrt
fourth stteet during May and was
treated 011 several occasl uis for rheuma
tism Tin- lit .tier. Mrs Prelss said,
tubbed lnr and prated over her and
then blessed a pair of stockings, which
she was to wear to drive away tlie dis
ease. Mte Uood.vln said that Schlatter diag
nosed .111 alleged ailment as malignant
cancer btought about by an otcrln-dulgetii-e
in Ice en am soda
Schlatter waited further examination
,md wae held in l.'OO bail fir trial be
fore the Court of Special Sessions.
LAST DAY TOR INCOME TAX.
I'ltc I'cr ( fill. I'ennlij noil Interest
ililt-il From Tei-innrriiu .
The tune limit for paving the 1'eil
i in! Ii. onie tax evpiieh to-d.i,v T -morrow
a r pi r cent tme ami l per ecu,
lllli rest a month will he added Che ks lln
certlll.-d will not be accepted In p.i mi-n1
Certitled .-hecks or cash are neccss.it.v.
accoiding In the roles Collector .toll -'.
Lowe, ,li , will keen his olllce in the
I Custom Douse open until I jo p M to.
day tn give the bite ones utile to ma'vo
tlie Income tat returns on tltm
As w-js the case last vear. the olllce
nf the Second Idstrlct will hold tho na
tlonal lecord. Lower Manhattan con.
trlbuted lit f. per tent, of the corporation
and Income receipts of the State and 47 I
per cent, of personal tax collection lad
year- a fraction over fi per cent of tin
total collection of the I'nlted States. The
downtown income tax bureau aNo col.
lected more money than the Income ',i
reccipts of thlit-,ine Slates of tlie I'ulo
Tho tax tills year. II Is expected, wul
I reach t tn.omi.oiin Last ear i2tS,Anu,.
was ce ciea ill tne coipoiaiton. per.
lson.il Income, emergency ami other taxi
THE SUN mnintnins a
most efficient Educational
This cnmnlete norvico is
absolutely ireo of charge
Arcurnto and unbiassed
information given to all
This service will prove of
valiialilo assistance in so
lccting tho proper school
for placing your boy or girl.
In writini fiv aufficiant
datailt o that intelligant
a.dric can ( given.
and CAMP BUREAU
ISO Naiiau St., New York
Prizes for essays on "The Commercial
Necessity for Developing Foreign Trndo
Through an Adequate American Mer
chant Marino" were given to fifteen high
school students last night by the Na
tional Foreign Trndo Council. Theprl7.es
wero offered after It had been found
1 lint an obstacbi In the way of the
upbuilding of American shipping In for-
Ign trade was tho public's lack of
knowledge, of the Importance of tho gqal
to be reached. In a letter to the prize
winners, James A. Farrcll, chairman of
the council, and president of the United
States Htecl Corporation, said :
"A large percentage of tho essays re
veal the paucity of up to date and no
curate Information regarding the ship
ping problem In public nnd school li
braries nnd governmental literature.
With a few exceptions tho authorities
quoted are nnclent and their observa
tions general. Few consider tho shipping
question from Its modern and Industrial
ruther than Its historical aspect.
"The economics of ocean truusporta
Hon, particularly with relation to tlie
foreign trade, are little understood by
our cltliens and much of tho discussion
of shipping problems Ignores them "
Tho first prize, of ,10, was awarded 'o
Leon Doman, Morris High School ; sec
ond prize, 40, Hubert C, Kchaedle, Com
mercial High School: third prize, 3n, Al
fred lialne, Morris High School; fourth
prize, 20, James L. Fader, High Scho.il
nf Commerce; fifth prize, lln, Alfrt-d
Henry, Jr., Manual Training High School.
Honorariums of IS each wero awarded
to David Kntz. Paul Miller and Cop it
Mlntx of D Witt Clinton High School .
Leo Abe, Meyer Horowitz ami A. O.
ltelth of tho High School of Commerce,
iVentlss C, Ford of Kraemus Hall llig i
School, A. II. Metielly and Irving N
Simon of Bryant High School nnd K.iv
F, Purdy of Manual Ttalnlng II gl,
The committee of award consisted .f
Dr Francis II. Paul, principal of De
Clinton High School; Dr. John L. Wilds,
ley, principal of New York High School
of Commerce, and William N. llriltaln,
secretary American Steamship Assoc'. 1-tlon.
CANADA TO LEND $25,000,000.
Sir Frederick Wllllnm Tnlor vnls
tn Complete Ileal.
Sir Frederick Williams Tal . ser.
eral manager of the Hank of M intre.-tl,
snld Just beforo sailing em tae Kroon
land for Liverpool yesterday ,
"I am going to London to e mipiete
arrangements with the Imperial Hot--ernment
for an additional U'j.100.000
loan by the Canndlan banks. This loan
was arranged In Ottawa on tlie after
noon of the day on which' I left Mon
treal. The banks of Canada are ad
vancing to the Imperial Munitions Hoard
an additional J25,000,0f". making n nt.u
of $101,0"0,0no, counting the previous
$"fi,u00,000 advanced in April of tins
"The Inducement to the banks t i
mako thl additional advance s th.it
war contracts to a similar or greater e x
tent shall be placed In Canada It is
in this relation that I nm going to igni
tion. This means that Canadian banks
nre financing the Imperial (iovernment
to the extent In question. Per contra,
the Imperial (Iovernment. .is is well
known, Is financing Canada tj a sim.ljr
or greater, extent.
"Arrangements nre now being mad'
for the next Canadian war loan but tha'
will not be effected until autumn 1
expect to be back In Canada within six i
or eight wcekee and long before Hie next I
, Canadian war loan shall be made
toix; mi.x t.Mi hot.
f'OI.I.EHIAlK M IKMII. Illlt 11(11 S
241 Wim 77lh St. Tel. Schuyler Hill
2'sth School Year llricln, sept. -.'it, lulu. All
grali. catalogue. A.I'.tVarp'ii,lli-.idiiiile:
RAHNAKII MCllnill. FtIK HOW
rlrldaton. West 2!d St. liny mt
fealn all itar. including Mat'y. Mii,i hur
1 anul Court. Ath. fluid. It Ind'g tu Coiled
iiMtc.iir Nfiioni.. i , vt. i.i si
liny Dept. of New Yurie Prepautory school
Summer ei.loti for Mept,Kiaiuliiaiion d
drew after Aug. I t, 72 Park .tv Pel as-.l'ii
Mr.CARIT.NTKK'S SCHOOL for HIIT.t
810-312 Weat ICnd sve. Tel. Col. 4 1UJ
The IHth year hegliw (K-ioIkt (. I'll 1
Outdoor eirrvtaa to 4 nil wim.-
Milll ltM'.V SCIIOIII. I lllt llll
.100 W .-,7111 St Phol.e Col -n.'il
I'repan-s fur college ami for life
Ane d.i school lih dl.tlncilve tenure
The Clark School for Cniireiilrallon,
2.V.I W efct 7fith Ht, Tel. 744 Col. (omen,
(ration to make you lus One rliolt;
tecum! .111 regent rounla In one test
FOB C.IHIJi AND TOt'NC. nilMHN,
BARNARD HCIIOOI. OF IKItiSt'.IKM.t)
Alt TH. V2 W. 7'Jth St. Training lor Home
makgrs. PrnumaUiuc. ili-slicnliu-. milli
nery, cniklng, account. 'I el. uvn-i schur
Tin; barn'ahii m nooi. roit e.iiti.v
Kindergarten to College. (Iraduatet ni
leading Colleges. Ominaslum ami roniili
Catalogue. 42J Wimt 14stli Street.
KIIIIC4I. Ct-I.lt'ltr, M IIOIII
. entral Park Witt and sutv ililrd sre.i
.... from Kindergarten to I nllege
Athlrtle Held, (tpe-ii Air li.-piriment
x ,J.,.,,,.,.,lK'',OI,T AI'l'Hs II4II.T
1IIK SCHOOL, COLLI (III (Mi l vtll
BUREAU, N. Vfi. V V. ci I
LAM, I ,L,
NKW WHIK cm, Sen trk.
(.N IOIH OWN TAI.hlSI. VHIHIM,
liiir iironniinrliiK rn-nrds of It ,
I'ractliitl l.lngiiintry k ve th r,n,t-i (,,,
I edge of rii.tnlnh, li-rinuii. Pien.li M ,
Wrlle for llimklri or , i r ,r -r
. Ileiimnntratlon Ki .umi, i
' Tlir. LAStitAl.L 1'llos.H m.lllon.
1 10H I'ulnum llltlg , . v i.ih s m i, r , ;
Prepare ffnr Stininter. Senil fur llMil.lei - s
Oal.loMswiMMIM; sclloiii... nistt ,vuh i
ir.t. liuiii in 11
mill t -.'.te mill ,vii,
III ' I.I Oltl V s
IIOM ( I.."
Clltl-ILIIH N AMI II .W'-il
KITTY GORDON IVi'VV, s,
A live .ii-t ire.ri'le,ie Vt orl.l Picture
lloiiulits rulrliiinks In h
Trl.ttmle I'li-tiire I In mu
tt ill, l ul. 1 1...... ...
!a 1 oiuisi.v iieuini v ic.iniio
tt"-a"JrSE l lie I reie. MiloM
AHtNA WITH UONAVIIA
rV"'. K'" ''r, ""I'.
Oanclng Conlat Wad. Thiin , Fn Nlghtv '
MH Mil. Ia.il lliirulli.i Jarilnii, VVsl
! BRIGHTON Hellv, l-j Ante
.. n!Url I Manltes, I ranklyn rdell
llrliililon Heath HUH Vti, oiliers
You want the right
clothes for the Fourth!
For solid comfort Nor
folks. Some of Shantung
and white serge.
Everything you'll need- -
Flannel trousers, "Road
ster" dusters, featherweight
tuxedos, blue serge suits.
Fishing rods, lines, hooks,
Kodaks and films.
Smashing good bargains!
$5.00 tennis rackets
$2.50 golf clubs $2.15.
Sporting Goods of every
description in all four stored
Rogers Peet Company
nt 13th St.
at 34th S!
nt 41st St.
SLVV 1IIHI.-S LI tlllSt. Illl tlltts
NEW AMSTERDAM 'TM I tV,
Wler the Show M L tlni ltd. Iliralir
ZIEGFELD MIDNIGHT FROLIC
The Cinderella Man
a pi 1 1 it p union-
-rV,1; LIBERTY .VfV'
rr' 25c, 50c, 75c & SI
'"1'he.ttre Coeil as the lleni h
V-rtllULLtt i.i,t m,i Ti-r a J :n
l.tsi a iimi.s
JOHN BARRY MORE i
nnivi. ti weii!Tii .s ittcTtrt;
M Wl bltl'llli i Ju:s ' H-L
WED. EVE. JULY 5 TmjtK uti'i)
.t.wteraph I'lln I pnnMV!llln,,'l1 ' f'u
t o prcM-nts Mi"."!"". ..jn,r
'.o MrtniiitiUt.tii iiirr.t lloii1 llr h
SEATS HUW i;,1,Vr,",n,V-.- .1'
RPI Acrn West I vert I le ui
DCLHStyU , ,, , in s ,i ur.t ,
n v 1 vii
Uct M.ituHt' r
loVJJoo I lil
seats Selling I tVi-iV.. In tilinu'
MIDDIC VV VI si I s I 1 I IMI s
111 I red Mid Illlli llellliln
ELT1NGE V..K,T ,.V;-M-',i
Mais. .Sett eek..4nl I ,t ll '"''
V Million I'li-iiiu 1 1 nt
HOW BRITAIN PREPARED
1 ? 1 simulant I Iom
Vl.lllllee lo luoilow M t "
SHUBERT v., '.' "
V Mni "I
VLilloe I lllnll'i. Ml
I ,il Week I 1
I till s
L T n I C r , V .1 1
; ,v,: k K A T I N K A
ii r ivi i rii s M..M, t - 1 "
II . I ' s . I , 1 '
I.tll, M ' ' ' 1 - ". v . '
Itelli Ions lm .oh' if" ' ' 1
L LEW KELLY. HELLO NEW U
"'SlH.II l.l I I "I
111 VV O
l I I ll
BOIM.S AMI KKsl I I1CPV
I.llli filrt.i.l. near Foiirlll tcnue
frt , fZmcW-OT-m E-5hT
Prince George fiow
riflb Aw. an.t llth
vectal rats lo ptr ui4iei