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New-York tribune. (New York [N.Y.]) 1866-1924, November 28, 1893, Image 3

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The Issue of fact In the Bates divorce case, which
ls being tried In the Superior Court, was sharply
defined yesterday, and, according to the testimony
pow In, If the plaintiff la telling the truth Charles
'il. I Us.
F. Bates ls guilty of Bellary; while if Mr. Bates
is telling the truth HIM Mci Hath is guilty of for
The testimony given yesterday seemed to favor
the plaintiff. Mr. Bates introduced several wit?
nesses, who said that he did not introduce the de
fendant as his wife. On the other side, several ex?
perts In handwriting testified as to the genuineness
of the signature of Mr. Hates on the alleged mar?
riage contract. Mr. Horwitz. the plaintiff's coun?
sel, had Mr. Bates write a copy of the contract in
cpen court and had it compared with the original.
Mr. Bates did not smile so contentedly as he did
cn Friday. He was not in the blandly hands ot
bis counsel. Mr. Horwitz had him in hand and
asked him some questions that made him turn a
deeper red than usual. Still he managed to bob up
serenely and seemed to have a pretty good time.
Before the cross-examination of Mr. Bates began.
Mr. Horwitz addressed the court on the r-ubject of
the testimony of Charles Norlander. Norlander tes?
tified on Friday that he was a Swedish journalist,
and that a man named Valentine bad Introduced the
plaintiff to him as his wife. Mr. Horwitz said that
he wanted to have Norlander recalled for further
cross-examination. He said that he had had de?
tectives on his track who had not been able to find
him, but had discovered that Norlander had been
convicted in Kings County, and had trnvelled around
the country under assumed names. Norlander, he
said, had figured In swindling transactions.
Mr. Horwitz asked for an order of the Court
compelling Norlander to appear. Mr. Peckham said
that he had no objection, but that he did not know
where Norlander was. Judge Freedman refused to
issue the order, and Mr. Horwitz gave notice that
he would put witnesses on the stand later to prove
that Norlander was a criminal.
Mr. Horwitz began to question Mr. Bates about
the trip to Newport which he and the plaintiff had
taken together. He soon asked the witness if he
had not been arrested at one time in Newport.
Mr. Bates said that he was brought into curt
there once and fined UN for pouring kerosene oil
on a horse and setting it on lire. He was trying
to make the horse work. He wasn't cruel to the
animal. He had gone back to Newport on requisi?
tion papers. One of the letters presented by the
plaintiff contained a reference to the affair.
Mr. Bates said that he remembered meeting a
priest, the Kev. Father Quinn, at the home of the
plaintiff. He remembered that the priest had a
"Ja*?" on. This iast remark was stricken out of the
court record.
"Have you been in the habit of meeting prieBte?"
asked Mr. Horwitz.
"No, air, I have not," answered Mr. Bates.
"More's the pity," commented Mr. Horwitz.
"Were you not introduced to Father Quinn as
the plaintiffs husband?''
"No. Just as plain 'Bates.' "
"Now, take this sheet of paper and write with
pen and ink at ray dictation," said Mr. Horwitz.
"Take a stub pen and write as rapidly as you can."
i Mr. Horwitz then dictated the words of the alleged
marriage agreement, as follows:
"This ls to certify that Ann-tte y. Mcgrath ls
I my true and beloved wife, whom I love, honor
and cherish. CHARLES F. BATES.
"New-York, July 16. 1W*?."
Mr. Bates sat at the stenographer's table while
ho wrote, rather slowly, the words dictated by Mr
Horwitz. He looked a little abashed, for the first
time during the trial, when he took his seat in the
witness chair again.
"Mr. Bates," went on Mr. Horwitz, "do you
recognize the sanctity of an oath?"
"I do, indeed."
"You know what perjury ls, and how you can be
prosecuted for lt?"
"Now. Mr. Bates," asked Mr. Horwitz. solemnly.
recognizing the awful sanctity of an oath, ls this
handwriting yours?" With that the lawyer handed
to the witness the original alleged marriage con?
Mr. Bates looked carefully at the writing; then
he testified deliberately that he did not write the
document, and that it was not In his handwriting.
Mr. Bates denied thal he had ever had angry
words with his father about the plaintiff. Mr
Horwitz asked him questions about a few other
thine;., but Rot little or nothing new.
Mr. Peckham then asked Mr. Bates If he had
written the words "wife" and "husband" in the
letters presented by the plaintiff. Mr. Bates said
that he had written the words "My darling" and
"Your loving Charlie," but nothing more. Mr.
Bates also denied that he had ever written the word
A Paderewskl or an artist would be equally
pleased with our music cabinets. They are ex?
quisite pieces of work, aa perfect In finish as
they are delicate In design. Among other styles
shown, there are Empire cabinets. Inlaid or with
handsomely painted fronts, and Louis XV. and
XVI. cabinets, finely carved.
Our plano stools, benches, and chairs, made- in
many beautiful forms, some with the old-style
ball and claw feet, are suitable for the most
artistic rooms.
104-108 Vf. 14th St.
"fiancee" In one of the letters In evidence. The
Issue of fact between the plaintiff and defendant
was thus falrlv Joined. One of them told the
truth. The other committed perjury. Judge Freed?
man, who is to il. lide the ease, sat unmoved.
Mr. Horwitz then made a rigorous onslaught
on the credibilitv of the witness, plying him with
all sorts of questions. Mr. Bates went through
the ordeal In much the MUDS Wa* that h.- has
?one through the whole eas.-, careleaa and happy,
lauuhiiiK when th- audience was inclined to laugh.
Me said that h.- had never used the word husband
except in writing of other w..m. n's husbands. Bates
got a litti.- mixed m\> once or twice, but afr. Hor?
witz could gel little out of him beyond bia Sat
denial that be had ever written Ihe word wife, re?
ferring to the plaintiff.
lin: iiiii.N Hants PATHES TSSUIUS,
Caleb F. Bates, the defendant's father, was the
n< xt witness. HIS white hair and kttBg White mus?
tache and the reepeet due to age caused him to
be mercifully treated by the lawyers. Mr. Hates
said that all his son had was a salary of SS a
week as a salesman of horses. He Mt him haye
SSS a week or mon-, and would let him have all
he needed to prosecute the eaee. "When tin- bop
is in a scrape he's got to have money, and in- fa
going to get lt." ,? , ..
John Donohue, a bach-driver, testified that he
drove Mr Bates and the plaintiff t? various houses
of Ill-repute previous to the tune of thc alleged
marriage Egbert B. Seaman, a stable-keeper, al
Seventieths, and Parh-ave., Wentlfli I entries madl?
in his books for carriages aenl to Miss McGrath a
Daniel Briggs, 'h.- caretaker of Mr. Bates'a New?
port house, denied thai Ur. Hans had Introduced
the plaintiff to him as hts wife.
Qeorge Ely, arba bought h.uses for Mr. Bates
In th.- West, testified to the sam" effect.
The testimony of Mrs. Saxton. Mr. Hates I sis?
ter, wa., int In-ill.I. I! was taken at the Bagota
last Saturday Bbl said that In r brother got hume
before 12 o'clock the night the plaintiff says the
marriage took plat e. , . ,. , . .
William M. c-ck. paying teller Of th- Hank nf the
Citv of New-York, was then called by Mr. Horwita
to itestifv in rebuttal Mr. Peck said that Charles
P. Bates wis a customer of '.h.- bank, and that
h- anew his handwriting. Mr. Horwita showed
him the alleged marriage agreement and asked
him if he would pay oul a check with thal sig
nature. Mr. Pecb said that he would. Il" believed
it to be th.- handwriting of the defendant Mr.
Hurwitz exchanged thc original tor the copy of the
certificate which Mr. Bates bini written in court
Mr. Heck said that he could Bee BO difference in the
David M. Carvaibo was called as an expert in
handwriting. He said tba) ba Had Lad seventeen
years' experience as an expert and had applied nil
Modern inventions possible, such as photography,
etc.. to the work of detecting forgeries and proving
handwriting. He said that ht had no hesitation in
TIIK IIAMiWi'.i TI Nw 1 Xl'' HI i.IVIS MIS 'll -.M.
saying that the alleged original marriage, certifi?
cate BMu-ked "Exhibit No. I" and the copy Mada
by Mr. Batea la court and numbered "Ranlbtt No,
11" were written l,v tba sum- haul Mr. Cervalho
sall that be had examined the tatters imr .?,
in evidence and that there wea n.? evidence that
the words "wife" and "husband" were forged upon
anv of them, or that there had been any -ra ,,?
or substitutions. He said that the paper used by
Mr. H.it.s was such that the ^nuht.-t attempt to
erase upon lt could not ? acape detection.
Th.- Nordtander case was thea taken up, and
Charles Kiehn, a detective, and several other wit?
nesses gave testimony. John Moon?y, a policeman,
sud that Nord lander l.a 1 served . term In the
Kings County Penitentiary. The defendanl was put
u|sm -he stand fur a few minnies before the c.mri
adjourned lt ta expected that the case will be fin?
ished to-day.
San Francisco. Nov. L'T (Spei fal). Kaaagff I.. It.
Stockwell ls out of Stockwell's Theatre, on How-ll
st., which he has managed sine- it opened. Fol
the first year be was harked by young .lames I,.
Flood, the bonanza millionaire, but after twelve
months of footing the bills Flood became weary
and refused to bear the burden any longer, sin-e
then stockwell has been frequently In financial
troubles. The city hi.s more theatres than lt cnn
support and two were closed ill through the sum
in. r and fall. Lately Stockwell lost money heavily.
ll.' is now on the road wiih "Maine and Georala."
by which be hopes to recoup some of his losses.
The owners of the theatre, K A. Qenlcke and John
Blebe, will run the theatre with Alfred Klltnghouse
aa the manager,
Columbia, S. C., Nov. 27 (Special).? The annual
mseeage of Oovernor Tillman was read in both
branches of the General Assembly to-day. The mes?
sage dMcuaeed mattera of unusual Interest, and is
a vigorous and breesy document The Oovernor
criticises the Federal Judiciary, and his strictures
eri the Chief Justice of the I'nited states Supreme
Court and Judgee Ooff and Sim.mt.mi. of th- Cir?
cuit Court, are scathing He rei mho. rds thal beer
and native wines I.. Bold outside of the dispensary,
and his other recommendation! and sui-.ming up
of the new South Carolina las ara Interesting.
WeeatnaloWi Kee, ST.?Tba storm arhtah was eentral In
Hm bower atlaelBBlpiil Vslley tali norning baa moved
mp i' By aoffbward, and la tuarn ces ira! ?.?,?? Lev/er Mi i.i
gaa, attendee by leven Beatheeaterly gales ta tba ? ? l
em hair af tba take region. Bad tnaii southerly winda
on the Auantte Ooaet Boath ot New-York. Heavy raina
have preraUSd in ike ink" real bb, u.e Obie Valley, Ten
noaasa and tin- teeth Atlantle Htalee. The Breather baa
? i.and in UM <'.'iir States, and ll is gaasraUy lair to tba
ea -i at tba Ht - kadpsl. ll la a irsser ?? asl ..r the M
i Ippl ead in Reeky Monal ita db u ti ta lt is atlahtly eoldee
ia atteaeeota and on the Ooh and Nertk Paetac meei a
The lulu.iti-ns bm thal geaerally fair Breather will
Marali ta the Sell gtalea lae MaMfcsttpel, and I**wm
Missouri vaii.jH. Tba Breather win rime ta ike benth
Atlantle aad Boothera porttani ot ihe buddie Butea early
Tuesday, with winda abuting lo westerly. Severe southerly
gatai will ... em .ai ii." Nea Kngtand and Middle Atlantic
(...isis to-morrow, followed b) windi Bhiftlng lo Bouth
weaterly. Uangerooa winds are Jik- ly to continue ta "??
lake nwtair*
i?i;taii.i:i) PORgCAST roc to-day.
Fee n.ne i:iitiiui.i. ihreaienMg weather and ruin or
?now; lin reusing Kout li wm.!s. severe gules Ba dBi
coast; wariin r In non hern poftfcBM.
Pee Sastarn New-York, New-Jersey, ?tatara i'*nn*yi
vania and liilawaie. heavy lum. < |. .-ir I ti^c ly UM after?
noon; brink niiil high BBMh ttlnda .hilting to west,
slightly BoMer.
Ker Virginia nnd North Cn (.lina, rain to-night, (bal?
lin; Tuesday morning; v. ireis islfthag M wast; seelee
Tsaoaay sveaiag, esxssM m western portion af virginia.
Vat th<- Dtotrtct of Colombia tad M.irvi.-.iei. ti..- rata
to-night win probably M followed by ufaailng weather
early Tuesday; winda siattnm io man and siiki.ii> cooler
Tuesday anning
Kor Western New-York, threatening weather and rain;
high Bout li winds shifting Io wen, .huntly eoider In
western iHirtlnns Tuesday evening.
For Western r.-nnsylvanla und Ohio, rain, rlenrlng In
Boothera porUoaa Tuesday; brisk and high BOUthWBSt
wlndu; Hllghtly cxildcr Tuesday night.
T . HoUlUi: Morning. Night.
I 13 3 4 6 0 7 u V 10 11 n H 9 G 'I n 'J IO ll
!! l,n " 'I .1 I I Tl i ? ll ,1 I I. I'" I M''!l I IT
1 1.1 1.1 . j ?23
44; .4
m?o?] i ,
nrflTiTi'1^'! ll
l^ R''i(t'i.i tr'M.'.L-i.
III. u.
jiH 29.5
in thia diagram a continuous white, line show. th.
change. In pressure sa indicated Ly The Tribune", .elf
recording barometer. Tbs broken Un*. lenreaenta the tem
uurature aa ubaervid ut IVrry". I'harmacy.
Tribune Offlee, Nov. 28. 1 a. m.?The weather ye.terdny
was cloudy and much warmer, the changed condition!
being attended by sn unusually ludden fall of th. baro?
meter, beginning .hortly before noon, fn the evening a
light rein fell. The temperature ranged between 31 and
BO degrees, the average (41H) being 10H higher than on
Sunday, and 54 higher than on the correipondlng day
la at year. .
To-day there are likely to be heavy rains, clearing hy
afternoon, with high windi; colder.
IX Tiff. OEYKSAIi fd-T.
The tariff tinkering of the Detaocratk majority
on the Ways nnd Means Committee af COfigrena
had Its effect In Wall Stre.-t yesterday. Kvery one
of the active stocks sold nfT and llBBed from one
quarter to Hi par cent lower than the agents*
This, too, was In thc fae- of B preview liberal dla*
counting of the probable iletarralnattea af the
Ways nnd Ileana Committee. Of ("'irs- tho in
dustrlals felt the wurst of th- Mow, hat other
slocks did not stand Bp loni,' under th- fMIMtttl
msanit which was mad.- on snitar. lead, cordage
and whiskey. Thc atoek of th- American Suuar
Refining Company received th- aeveeeal pounding.
and it went Off ii"-, per tent, dosing at M%. This
stock Opened at H, and closed on Saturday at Bfli.
Th- imiiiiciitioii yesterday morning of th- Baal
d-i'ision of th- majority of th- members of the
Ways and Means Committee weakened this stock
materially, and lt was th- main point of attack
throughout th" day. lt sold at oil- Hm- BS low aa
vp,, hut it recovered later, in all aver UMee
shares were sold on th- Slock EsChaBge. This
was over one-third of th- total traiMBCilOOe,
National Lead was on- of th- neat of th- In?
dustrial stinks to f.ei most severely th- neenah
mad- hy th- Ways and Means Commit!.n tin
Am-Ticaii industries. This stork closed two points
below th- opening ..n a sal- of about MU shares,
'i be clewing price was |fu> The main eau-- of tba
decline in National Lead was du- to tn- part of
th- tariff hill reducing iii.- duty on white lead erm
BlderaMjr. Dhttlllmg and Cattle Peedlng, neat to
Sugar, had th- greatest tumble. This stock sold
off l"j i>cr cut. National ('or. lap", too. f'It the
effect of the promised ehaagea and eloaed 1 i per
uni b low th- opening en the determination to
fut binder's twin- on the free Sat Theaa were
the marked changes in stinks.
Except for sunar. the market opened yesterday
with a general nigher tendency and many stocks
Improved for a conalderable time. The onslaught
on the Industrial.-, however, made lt Impossible to
keep prices up long, and before the market clo ? fl
th. re was weakness along the entire line. There
Were only two railroad storks on th- Hst which
showed thal they wei- not Influenced by the tariff
tinkers. Manhattan Consolidated, on a sal- of 1">
shares, maintained the opening price, and Phila?
delphia ami Reading, on a transfer of IS.MI shares,
also sold at its opening valui,
John E. Searles, the secretary of thc American
Buger Refining Company, said to a reporter >????
terday afternoon;
"1 do not believe that a tariff lilli will ever !>??
com- a law containing the sugar schedule which it
now has. As lt is. th-- sugar schedule ls a manifest
Injustice, in framing th-' mu th-' Members ol the
committee have lost Bight of th- fact thal sugar i?
. ; the least proti ? ti I of the Ami 11< sn indus
triev Ther.- might !-?? some reason for a re luctlon
of th- duty on g.>"ds which are protected highly,
hut lt ought not to apply In th- case of reAm-d
sugar, which ta protect! I al als.ut u per cent, lt
clearly ls unfair to reduce the duty on sugar on.
half whvii i.'in.aiiv pays I bOUnt] Of -1 CSttM pet
i'.' poundi io ber relfnera for all refined s.ikht ?-x
ported If this duty i< lowered this country win
li-,.i. a dumping ground for all ..f the rogar man
ufactured elsewhere, and I do not be-lleve thal the
absolute destruction ol this industry In this coull
try vidl be wrought hy the parti In i ?wer."
Another ofllcial of th-- 'inn- trust sat 1 io a re?
port! r:
"If the dutj on sugar ta changed as proposed, lt
win be Impossible for the American Huger Refining
Company to continue further in bittiness aft.-; the
1 Ml 1 ' ? .mes a law ."
r\ll.ri:r. OF TWO T.CMP.Cit FIRMS.
WiNon Qodfrey ant Ralph E. Sumner, compos?
ing th- linn of Wilson Godfrey a. Co., whotaeali
hnftber dealers, al No. Pl WiM-m, mid- m
aeelgnmenl yesterday arlthoul preference to Uiver
ton 1! Chapman. Mr. Oodfl f ls Ol.( ll.li -
and I" i known tn- n in th- lamber lr.nh. Tl..
firm ii. iffered from dei trade. They aold
their lumber on Long Island, New-Knglsnd nnd
far v\.-t as Hr. Lons Mr. Oodfrey was In
ten ted In a lumber company al Norfolk, Va ..ni
wa- preetdenf ..r the Albermarle g Pentega K.iil
i i I Company. He ama lenl >.f the Ai
can Telephoni Booth Company, of this Mt...
char!-- i ii.d-d.n. lumhei marchant it tl fool
of ).? it., made ..n.* algnmcnt ya
iti.iv to William M liomum, ol S> il ??!"
.e.i: Bras for ? i ? I rears a ch ik foi lobn I
Richardson and to the business at tba
lat ter* a death In ivM He made a .-|..i>i" ol
whits .''u lumber. He InventH a t-1
phone boa and orannus I ll Amerlmn Ti-1ephnrie
liooth Compan) i.ming Ita trea irei Mr. ll .
don waa reported to have made . ? n Iderable money
...|( of e..j,tracts f..r voting bootha for the elections
in this iliv.
.fohn vv Sterling, as trustee, hus brought suit
agalnat .lohn Alexander Logan and othera lo fore
? ? a mongan* dali I Novembei en hy
Mr. Logan lo vY. ll. Jacob ead Reuben Hklnner,
when he bought the property al No. .'ts West
sixtv-tiiiith-? i. Mr Logaa gave tw.j mortgai ?
? for HOW and one for W.500.
Terre- Haute. Ind.. Nov. 27.?A largely attended
mass-meeting ans h'ld at the Opera House last
night for th- pttipoae of ral-.ni,' funds to relieve
the Kreat distress prevailing bera among the un?
employed. Senator V'oorheee and ex-Secretary .?f
the Navy Thompson address. 1 Ko- meeting. Sena?
tor Voorbees prophesied thal within ninety .Lm
Ibe neater put ot the pres. nt ladu trial dlatress
would be over.
Scranton, Penn., Nov. 27.?All af the mines of
Um Hin.-ide Coal Company and of tba Erie Rail?
road, n irlb of this city, have been ordered lo work
full time.
Tin- Scranton <;iass Company to-day started Its
No. I factory after Hw- months' ill-n. ss, giving
employment la HS additional workmen.
Van Alea * Co's roiiiiiK min and nail factory,at
Northumberland, today weat on double tune, ?-m.
ploylng Ml men and boys. The puddlers and helli?
ers have agreed to norh at a *.; a lon sale
Binghamton, N. ?., Nov. 17, A dispatch from
Portland, N. v.. says: "The Cortland Top and
itali Company's plant, which weni Into b recelver'a
hands iavt apring, has been purchased by K ll
Brewer, on behalf ..f thi Cortland Kpecialty Com
puny, a stock corporation representing the Topllff
Manufacturing Company, of Cleveland, (duo. Top?
llff At Sly Company, ?<( Klyrla, Ohio; crandall.
Stone 4 Co., oi Binghamton; Cortland lian- ind
Carriage Gooda Company, of Cortland; the Ca -
rmi iny, ..f Mansfield, ohio, and the Carriage and
Supply Manufacturing Company, of Bindra. The
plant win be started December I, arith a full works
Hag fore.-.
Philadelphia, Nov. H.?The fun. rai af Coagreee
man Charles O'Neill, father of tin-House ,,r Repre
'?ntativi s, who died at lils home In this city Satin I iv
afternoon, win tak-- place to-morrow, Bervlcea will
be held in the Arch Street I'resbytertan Church, of
which Mr. O'Neill was a member, at li in a. m.,
and the burial will \?- in tba famlli plo) at West
Laurel Hill Cemeterv. Tin Kev. br. Oeorga P.
Wilson will conduit the aervlcea A Congressional
delegation will attend th" funeral.
Brines comfort and Improvement and tends
tn personal enjoyment when rightly used. The
many, who live better than others, and enjoy
life more, with los expndlture, by more
promptly adapting the world's b-at products to
abe needs of physical being, will attest the
value to health of the pure liquid laxative
principles embraced In the remedy, Syrup of
Its excellence ls due to its presenting In the
form most acceptable and pleasant to the taste
the refreshing and truly beneficial properties of
a perfect laxative; effectually cleansing the
system, dispelling colds, headaches and fevers,
and permanently curing constipation. It has
given satisfaction to millions and met with the
approval of the medical profession because lt
acts on the Kidneys, Liver and Bowels without
weakening them, and it ia perfectly free from
every objectionable substance
Syrup of Figs ts for Bale by all druggists In
50c. and ll bottles, but lt ls manufactured by
the California Fig Syrup Co. only, whose name
ls printed on every package, alao the name,
Byrup or. Figg, and being well Informed, you
will not accept any aubetltute If offered.
seems appropriate for our business?for
humor is the Latin for moisture. We are,
however, quite in earnest when we speak
of the excellent finalities of that great pro?
tector from rain and moisture?the IIODG
UKO A l)\V AV. 1 fl WKST 'iSO MT.,
MAYOR orutOY INSTRUCTS TIM", corporation
Tho scheme of the Manhattan Elevated Railway
Company to lay a third rail un the Nlnth-ave.
structure without parmtaetoa of tin- local authori?
ties r.dive.l attention from Mayor (illl'oy feater
.lay. Th,. Mayor, on reaching his oltlcc. said that
hi- had ridden over thc Uni- yesterday morning and
saw what might be pr^paratti ns fur a new track
ur f..r Btrengtbentag th-- whole structure between
Eighteenth and Twenty-third sts. Thereupon ba
Rave instructions to Corporation Counsel clark
' - begin ju.idlnga an.iii si tin- company and put
a stol, ti, the third-track plan or any other work
without th- consent of the city.
"I du not Intend." said th.- Mayor, "that the
elevated people shall put up additional tracks and
additions to their structure If they have no legal
right to do .so. The city must have additional cum
pt nsatlon therefor."
The Corporation Counaei examined the law yester?
day and became satisfied that the company was
viiihoiii authority to tay additional trucks, ii- said
that th,, pro..linus against thc cumimiiy would
i. begun as soon as h.- could draw up tn-- leapers.
"1 do not think." he added, "that the city will
have any difficulty in establishing its cash.
"The M.nor has given me Instructions to begin
proceedings to prevent the construction of the third
track mi the Nlnth-ave. line hv the Manhattan
Elevated Railroad company. I will begin pro
i.dings, probably In th-- Supreme Court, as soon
as necessary papers can be prepared."
Mr. Clark was asked what would be done about
thai pan of tin- third track already up. Ile said
that it would I..- a different proceeding to remove
thai, ll wuiil.I come under the heail of an Incum
brance in the public hlKhwav, its construction being
unauthorised. "They should have applied to the
Ha;.ld Transit Commission," Mr. clark added.
William Steinway, president of th- Kapld Transit
Commission, When Informed by n Tribune reporter
last evening of the M.ivor's action, said: "This
ta, Indeed, important. I was wondering what was
soinii to I"- .lom- au,ut the matter. 1 am not con?
versant with tl'.- first charter of the Manhattan
Company, but if I remember rightly then- charter
eoni-s under the Rapid Transit ai t nf 1175. I .nu
aston tabed by tho acilon of Hie Manhattan Com*
pany In tata matter. Why. only last January tiny |
. ime io us ami made a written application for tbe
pi iv neg,, of (onsirui'tlin: n third track on their
Nlnth-ave Un.-, besides additional tracks on th-lr
other lines. They wire not satisfied with our
terms an.I a few months ago they wrote a veJ .?
curl note to us terminating ail negotiations. Now
they K.i right ahead inst ;,s ir they hui secured
permission for what they aaked last January, it
puaslea me. lt looks to ni" very strange that they
do not avail tbemaetvea of the Rapid Transit Com.
mission. Perhaps their lawyers tl.ink they have
red soi:i.. io. phole in the law through which
tiny may crawl. The tun 'sidings' Isa very flexible
word, .mi when quallled Li the word 'necessary
l* ls s-iii I,,,,,,, flexible, i.e.ans.? tbs question as io
v. i, it i- a p. .-os ary aiding ta one upon which men
may illlTer. Thia action will hurt tin- Manhattan
Company's cas? I have never Joined In the crusade
t the Manhattan Company, i.nt I cannot
approve of what now appeara t.> ba au Irregular
l; , ? i ,p- oi. Ita pal t "
Lawson N. Puller, who attends all the meetings
of tn.immlsslon in ile- Interests, lt is said, of
t:..- Manhattan Company, was .-. . .1 yesterday com?
ing fi.nu < otongl !?'. K. Hains office in th-- Arcade
Mudding li" laid to a Tribune reporter: "The
manhattan Company i< doing perfectly right. The
peoph .-. ml rapid transl! nil the Manhattan people
are going lo give lt to 'em. The) i in lind ..ut af?
terward whether or not it ta lawful to lay a third
ti li k "
Russell Sage refused to talk nhout the matter.
PI int s ci' \rn.i: \ VESSEL to tow thu
lin: BSIf ss s- movt SEADY IDS ISA- nt>;otia
TOR) ron MOSS smm's-wvitino fir
bsasiuam rtrarog.
The owners of oreen fflSlg tugs ask such high
prices for a charter to tOW the liestrnyer to Ilrazil
that Charil t i: ntat & Co* the agent* for the
BrasSian Gove rn men! nt this pert, have not yet
decided what Mir they will charter. It haa been
a drawback In all tho negotiations which have been
mal" here In behalf of the Rraxlllan Government
that all owners of svallalile vessel* have asked
prices which tiley could not possibly have got for
their vessels in the ordinary cottles of trade
The r>estro>"r did not make her trial trip yes?
terday, and will probably not go out before Wednes
dav. Wi- ls lo perfi-et condition for ne i now. and
her superstructure baa bsen strengthened by the
putting In ?>f additional hearns of wrought Iron.
The BraalSaa Minister has returned to Washing?
ton and will not be here to witness the sailing of
the. Destrover. The yarrow torpedo boat will be
taken to Hrazll by the same vessel which takes
down th- Destroyer. Tin- Destroyer um meet
the Micthoroy and the America at the appotated
rendezvous on the Brazil coast, which will be
Pel nan.bin o. Bahia OT Kio Jainilo. Tin re is little
dnui.t that th.- fle.t whick win Sghl against M.ii..
will me't In Un- roadstead of IVrnambueu.
Admiral Duets has already left Kio Janeiro for
p.-ii.ami.mo, and martial law has been declared in
that elly This was don.- becauee lt was feared
that agents of Mella would try io foment discoid
th- r... and prevent thc shins Betting supplies winn
they a;iii..
Charles R, Clint &? Co. are negotiating fOT sev
eial otlnr ships, which it is pOBaHttg may be
turned Into Itra/.illan Cruiser* and will follow th.
M th. roy .ml ihe America in their crusade against
in-- rebel Heel ..f Melin.
The Deetroyer will Ball for Prazil or be towed
to Brazil aa an American vessel, gbe has been
"documented" at th.- Custom Mouse arid belongs,
not t" th" Brazilian Qovernment, but to ihe Erics
on i'o.i.i Defence Company. Charles lt. Flint &?
Co. limply have au option on her, and will buy ber
ii ibe tesl they require is accomplished. Th.- test
will probate!) be the sinking or th.- Aquldaban.
Meantime the Ericsson Coast Defence Company
ls fully insured against loss. Thc Brazilian bondi
which were negotiated by Mr. Clint and Salvador
de Mendonca for the payment for thc fleet already
intel oul hiv.- run short, and tm other steamer
will h.- purchased until lhere is a fresh arrival of
di hu- credit or booda from Braatt,
Washington, Nov. 'J7.-Tln- Departmeal of State
knows utrielally that Robert Grunt. United States
consular ageni nt Desterro, was taken prisoner by
the insurgents In llra/ll and cuiillneil mi lioard tx
man-of-war. Moreover. Mr. Grant is likely to re?
main a prisoner fm- -onie Mine lu COOM if the at?
tainment ?r his liberty ta condition el upon any uct
of thiB C.OV'irnnii Ht. Th- consular anent, un?
fortunately for himself, ls not an American citizen,
so that lt ls dlfllcult lo se- anv reasonable pretext
for Interference by the Government. The Immuni?
ties of a consular agent ar.- even leal than those of
a consul, which do not compare with the Im?
munities of diplomatic ofllcers, and even were Mr.
(inuit un American CtttaaU lt would not be easy
to secure his PflleeSS if lt should appear that he
had been meddling without warrant and iinottl
ciailv in Brazilian affairs.
lt further compltaates th.- situation and diminishes
the consular agent's chane s of speisly release
that any peaceful move made by this Govern?
ment in that direction might h.- regardedi as a
recognition of the belligerency ur Me lo; while, ir
tbe attempt w-r.. mad" io deal forcibly with tba
rebel Admiral he must first be denounced aa a
pirate, and lt ls not expedient to commit the
United states Government to either of these courses
at present. When the status of affairs In Brazil
becomes m?re clearly defined, however, it i prob
able thal Hi- <; ivernment will tab
Grunt's bebalf, if be ls not aconer
action in
Cianston's, N. V.. Nov. ^7.-The mangled body
of Mrs. carolin- Sommers, ? widow, aged nrty.
was found alnngSlfla ot the West Shore track. :ion
yards north of this place, at fi o'clock this morning.
SIM had ben a |M8l Si the family of John Krltz.
and left thc house atsjut :i o'clnck this murnini;
without th.lr knowledge. The women was evi?
dently struck bv a train, but under what circum?
stances is not known. A razor wrapped in a mw
lin'ti handkerchief was found In her pocket, which
would Indicate that she had Intended to commit
suicide. She has relatives living OB Staten Island.
Mrs. Sommers had a deport <\r. *'',,Uhe M"nh?t
tan Savlnga Institution. >''":n?! Va ,?' ?"'',/'"""
a sum in the Newburg Savings Hank, besides a
quantity of household effects, j
Calvin S. Brice, who has been working to se?
cure the formation of a suitable committee to
represent th" stockholders and the security
holders of the I'nlon Pacific Railroad and to de?
termine upon a plan of reorganization, yester?
day obtained from J. Pierpont Morgan his con?
sent to act as one of the committee of reor?
ganization. Mr. Morgan is chairman of the sub?
committee appointed at a meeting held yester?
day of those who had consented to serve on the
committee to present a plan of reorganization.
Previous to afr. Morgan's acceptance a number
of well-known men had consented to serve, but
it was not until Saturday that Mr. Morgan de?
cided to aid in the attempt to reorganize the
road. The main committee on reorganization
ls made up as follows: Calvin B. Brice, chair?
man; L, If, Sch wan and W. E. Glyn, secre?
taries; John Vf. Simpson, of Simpson, Thacher
& Barnum, and Victor Morawetz, of Seward,
Guthrie, Morawetz & Steele, attorneys; J. Pier?
pont Morgan, General Louis Fitzgerald, Colonel
II. L. Higginson, Samuel Carr, General Gren?
ville M. Dodge and A. A. II. Bolssevaln.
Calvin S. Brice is chairman of the Senate Com?
mittee on Pacific- Railroads and James B. Reilly ls
chairman of the House Committee on Railroads.
Conareaamaa Reilly has been asked to serve as a
moinlior of the committee, hut he decided to
walt until he could consult with the other mem?
bers of the committee before accepting the offer.
The sub-committee appointed to draw up a plan
of reorganization ls composed of J. Pierpont Mor?
gan, chairman; Calvin S. Brice, A. A. II. Bolsse?
valn and General Louis Fitzgerald. This com?
mittee will have offices at No. 80 Broadway,
where all communications for lt should be sent
Before Mr. Morgan consented to serve on the
committee he received a letter from Calvin S.
Brice, which, besides telling who the members of
the committee were who had consented to serve,
The committee believe that they represent and will
have (tho support, of a majority In Interest as well as in
nominal value of tho securities of the Union neille Com?
pany and ay stem.
In formulating a pinn of reorganization, tho committee
will bara lo SCI lu a Judi, lal capacity, pa.sslng upon the
neestttve dabee ur laoateats sf the various clause, of
hectirltle* In the svstcm. While your house lias not
heretofore Ixion connected with the Issue of any of the
securities of the system and ls not known to have base
hteMtSad with lt (except os trustee of tho deed aaaaittaj
the collateral trust note,., the inenibers of thc committee
believe that your knowledge, of values and e\|M-rlcnro and
authorltv as a hanker will be of great service. In forming
u linn nt leacsastsafaea which wm meet with lenacal
ai. pre I al. W" on- therefore authorised to auk you to
I... nine a aaaabat af thc committee.
To thia letter Mr. Morgan made tho following
I hive retelvei your latter, written on behalf of the
eemaltiae fanned f..r Ibe leseenBlsaMoa af lea Calen
l'aelli Kailr.sul Company, asking nie to Join tho com
ii.I'!.-? ai:d assist th. in in tin- Bask tier have undertaken.
I hesitate on many BCeeenta to BBSUM the additional re.
>pousji.ilitv ar.d laUir whirh ?urh a |>osi-lon entails; at
tho same time I uestnllS the lir.portanco of "lin ci in
jreet nerd le nu Interest*, particularly to oil aaeseiiy
boston af the Palen PaeUi Company, including the See*
irnnient of the Vatted Settee.
I fnither reeegnlse tho fact that the rommltteo ls
teeapeoed af leatteeseB wbeae position peeaalsaa a unity
? f parpase le arrive at a Basessefel result. Hadst
thesrt i ireaaeeaaees, as yon ail think I can ba af service,
1 feel bound t? lay acute all personal considerations, and
accept tho Invitation to become a member of tba com
?i.lt'.o. _.
om rr a kt.
Caataaa winiam Itv Oeratdeb, tba first captain of Saw
Yolk's pollse leree as Bl present organized, nnd a welt
kn :\n Baan In shift.Ins tlltlSB, did yesterday morning
? bOHBB, N>. 1 !'? Baal Tblrty-nlnth-st.. from Hrlght'a
Th- fusual will BS Friday, anil the burial will
tie in Bim arses Caaa ?? i r<
William Mi'.irnil. k was born of o|.l American stork
in Millville. N. .1 . in |SSJ; bis fader was tim captain
Bf a ..illina reeal which ran from Philadelphia to Al
bear, and lt wis en this vessel that captain McCormick
b-irn.'.I to love the water; nt sUte.-n years he relieved
lils Tither In commanding the ship. Several tlm--s in
th- War of 1913 the vessel wa. fired upon. Later the
young man BUCCIldld his father In command. On Jan
uarv ag leaf, Mavor .Tame. Harper appointed Captain
lb. orml.'k "assistant captain of the Fourth district."
iind-r the ordinance estaldishlng "a municipal police, or
dav and night watch." the tlrst regularly organised police
dcpartm.nt of the city; the man who was appointed cap?
tain did not .pialify for several months, and during that
tim.- captain M. Coi-rob k was acting captain. The station
at ihat tana BTU near the present site of Ka.et Market.
Boon after the organization of the police force tile Mu?
nicipal Council discharged most of the poUcenv-n. among
thi-m Cantata McCormick. The Council, however, r.
atoro.l Captain McCormick, but be refused to nccept the
offer. ff(> conducted nt various tlnu-a a trucking, a ?hlp
bulldlng and a stevedore business, and hud been a fa?
miliar Beere for almost belt a century In Ssouth-?t. His
nu. king beniaaaa waa iit Be. SM ?eatn-et, where he would
go every morning In spite of his advanced age. In KM
Captain McCormick attended, as delegate from Sew*
V.ik Stale, the Native American Convention at Phila?
delphia. He was tWB I married. A son and two daughter!
aarvlvo baa.
The Rev. I ir. J..hil I.. Nevins, wh.se death at Chefoo,
China, on Octobsf lg I* iiunounce.l. was one of the
v.i.i.tns of tba missionary laborer. In China. He wai
born iii Ovid, B. v.. Mardi 4, UBB, studied at Cnlon Cot
]-.:?? fr..in lttf to latS, .ind Bl Princeton Theological
Seminary from IBM to Meg. m May. isoa. he was
ordained to tba rrestiyiertan mini.siry, nnd in the follow
Ing v"nr went ns ,i ii.issi..nary to china, s. tiling Bl
NtnapO, li.ni lsr.i to ls'.si ba labored almost continuously
i inna, with the ascepUea el ti"- ye-'" Itel sj which
spent In this country, nnd a visit to Japan In UM.
ison ii,- agata visited tbe United stales, returning to
Chefoo som.- months ago. He was well known ns an
author und translator, and published a book on "China
and UM Chinese." Ile ami 1 h.ilrm.iii of tba missionary
BMfsrenee held at Shanghai ttl l-'dO. His brother, the
Kev. Dr. Heuben O. Nevins is well known us a general
missionary of the Bplaeopal Caaeeb bi tba states ..f
Oregon ind traaeinftoaa sraere be bas built many
i Inn, hes.
ntorcaaoR kkndill.
Williamstown. Mass., Nov. IT.?BOWS reached here sun?
day steal sf tbe daatfe of Piufoosot SaaSin, of williams
College, who resigned lils chair In February last b* BSSM
Bf pose health. Ile went South, with the hope that the
efeanaa di,a.- woiil I Btrenatbea his physical condition.
ii.- inst areal i> nurfria, and inanes to Bew-btestaa,
where be lied.
Prof. Kindlll entered Williams College In 1S7S a. a
student, t poll bi. gin.Illation lu Issi: h.. was , ailed to
I loin., i'oliege, Crete, Nob., where he remained until
ls.s7. when be was Balled la Williams to till the pro?
fessorship of nio.l rn languages. H.- was granted an
abooMe of on.- year before ba asseaaed ala duties. This
he spent abroad. in May las! lie married Miss Grace
Ulllnudet, of Washing! .:i. Mr-. Kendal, mother of tbe
professor, mid BM BBSler are living iii York, england.
George Lewis, Jr., dn-d yesterday at his home. No. <1t
Fllth-nve. Ha was sixty-one panis old. and waa born and
educated In this city. He was a son of George Lewis,
nn ol.ltime drygools merehntit, who died about twenty
live years oro, nnd BS Is-gun business In his father',
store, but retired when a young man. Ills wife, who mr
riVSB him, was Miss Mary Taylor, a daughter of Mose.
Taylor. They had three children?two sons and a daugh?
ter?all of whom survive. Tbe BDBB ure married. The
daughler ls tie- widow sf A. J. Moulton, who died about
a year ago. Tin- funeral will be at lils home at 10 tx. m.
to-iii. -r..?. Th.- Rev. William ll. 11,-nJamln. of Irvington
on-IIudson. will iittiiiiit''. The burial will ls- at Tarry
town, wiicio Mr. Lewis bad a line country place.
The p.v. lu. Mark Sinple died on Sunday at bia
heine. No. uu'j Kooctaoko-et., itr.H.klyn. ll? wns eight-.
Slsjht .Mais oid. mid bad lived In Ihat city sin.-,, his
retirement from a. live work In the btotboOBSt ministry
few years ago. Ile was th- oldest ?Saber of the Mew.
Saaland coaferenee, ..r th.- Metbodtel Proteouni Cburett
and had preached in n sere or in?r,. ,,f ,gajsaaea In
M .-si.hu .its In nearly sixty years af the Itinerancy
ll- had .urvlved nil the other ministers who entered the
What is Drudgery?
*3f-3*G0LD DUST
Washing Powder.
Broadway, Union Sq. and 18th St.
Elesant (Mock, Beat Merilee. Manaractarsrs' Prieoo I
Gold Jewelry
Intending purchasers
are invited to inspect
our large assortment.
Superior workmanship
and low prices assured.
Theodore A.Kohn& Son
56 West 23d Street
Established in 1858 in
Amsterdam, Holland*
159 PER CENT. j
New system of life Insurance, -
combining low rates with
ample security.
Unprecedented inducements to
the insurable public.
U.S. Office, 874 Broadway, Now-York*
213, 215. 'JIT tfSSI ICbTMSV
IS White as Driven Snow.
Oft KO
_._, PAY.\
No Pay until Cured.
WE lim YOU TO 4.000 MTIUOa
?gr? For Circulars and Bank Keferoncee.
address any of oar office..
Inco rporated Capital * Surplus. Si ,000,000
_Offloee In ail lar?o rifles of O. S.
Manufacturing Furrier.
Combination Seal-Persian.
30 inches, - - $125
32 inches, all seal - 150
34 inches, all seal - 175
36 inches, all seal - 200
38 inches, all seal - 225
40 inches, all seal - 250
All above srnrmenti* have
large collar ? a ucl aleevesv,
ure made from selected
?kiu*, nod are of Miiperior
liniMU und workmanship.
conference wBh iiim. The fur.?mi aSB fake ptaea thia
alanine unJ ike burial am b-- aa Maw?Haaea, <'ona.
MOS 1MB 'IBS BRinr. was jus
liAl'i.llTl.R'S ftSSOffITS
Thc marriage of Henry A. Newell. sMpcrintendeBt
of tho Pioailwai caMc read, aaa* sHaa Stewart, a
daughter af Baaftael Sceafart, a weii-known coal,
dealer, BM SM :i announced. Tho BfalHMSJS. was
kept a Kecret for several months. Mr. Newell'e
first wife died on January 21. About two mouthe
later he and Mi.-s Stewart were married, "-"rona
that time until a few days age neither >ir. N'.-w. ll
nor his vonni,' wii'-- Bald anything to their frienda
about the affair. Mrs. Newell continued to liva
with her parents, at their home. No. Ul West
I-'orty-nlnth-st. Mr. Newell's son and BM three
daagSletl were not lat Into the secret. Thc Mlxsea
Newell are about the same aga ns their step?
mother, lloth the Newells and the Stewarts at?
tend the Castra. Presbyterian church, in Bfeet
Fifty-seventh-st. The mcmb.rs of the church hava
noticed that there has for a loni? time boen m.
strong friendship between the two families. Mlsa
Stewart anil the Misses Newell were frequently
seen together.
Some of the members of the church heard of the
marriage about two weeks ago. It was a great
surprise to the church members,
Young Mrs. Newel, two weeks ago moved into her
new home, In the Princeton apartment-house, ia
West Kifty-sev-nth-st. A few days ago thev move.1
to No. Mt west Foity-sixtti-st. Mr. Newall ia
speaking to a reporter yeMerdav, said:
"My marriage is a peraoaal matter, and I da
not wish to say unythltiK about it. My wife and
1 had our own reasons for not publishing aa an?
nouncement of it. It ls true tint my daughtera
aid n >t know about lt until i nw weeks uko. but
1 do not believe they vere displeased. Miss Stewart
wa.s a warm fri-nd of my mt wile. an.I has
always been u close friend to mv daughters." lia
would not sav where fte was married.
The National Docks Company and the NVw-J.-rser
Junction Hallway Company hiive bc.-ri trying for
five years to ext-nd the W st sh ore Kallroad la
Jersey city under the IVnusylvanla Kallroad at
the Paint of Hocks, but the latter company haa
prevented their doing it. The matter cgBM up be?
fore Vice-chancellor Pitney yesterday ?m an appli?
cation to restrain the Pennsylvania from Interfer?
ing. Kx-Oov.imo* Sadie; for the Pennsylvania
< ompany, pres.mt.-d a petition for the removal ot
the case to the I'nited States Court. Charles Cor?
ri"' ? . olllns & Corbin, lor the plaintiff, opposed
the petition, and declared: "This case has been a
scan lal and dlsgiaia to the courts of New-Jersey,
and I charge bad faith. I say this action wis taken
for the purpose of delay." Governor Hedle was'
Irritated by Mr. Corbin's words and declared that
he had practised too long In New-Jersey to be lia?
ble to such a charge. The vice-Chancellor reserves

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