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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, November 26, 1901, Image 4

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DIA>rOXD TRIAL BEGINS.
£E2CA SCHMIDT GIVES DAMAGING TESTI
MONY AGAINST ACCUSED PO
LICE CAPTAIN.
LBT IBKBSaSSSI TO THE TBTBTXE.I
Albany. Nov. 25.— The trial of Captain Thomas
S. Diamond, of the New-York police, who was
Indicted In New-York with this statement: "The
Grand Jury of the County of New-York by this
Indictment accuse Thomas J. Diamond of the
crime of wilfully omitting to perform a duty
enjoined upon him an a public officer." was
begun here this morning before Judge D. Cady
Herrick. of the Supreme Court. The Indict
ment papers declare that it was Captain Dia
mond's duty to repress all disorderly conduct,
and that he IIIH.VII to use effective measures
to suppress disorder in a certain horse.
The trial is held in the Supreme Court room
Of the City Hall. It was crowded with those
interested in the Trial. The county of New-
York was represented by District Attorney Phil-
Mn, Assistant District Attorney James A. Os
borne and Deputy Assistant District Attorney
Francis P. Garvan. District Attorney Zeb A.
Dyer awl Peter F. Delaney aided the New- York
prosecuting: official? in behalf of Albany County.
Captain Diamond was present, accompanied by
3iis counsel. ex-Judge I. Rider Cady. of Hudson;
j ■ -irk B. House. H. <". Henderson and Lcuis
(JT. Vorhaus. of New- York.
Two hoars were consumed in obtaining a Jury,
fete lawyers m 1 mint to be especially desirous
«3f learning- if the jurors had read anything about
Jth*> case la the newspapers
The Jury is as follows: Fore-nan. Norman
"Best, farmer, of Guilderland; Estey Buzzee,
fairnpr. of Guilderland: Lucius Carl, farmer, of
25erne; John DingTvalL florist, of Colonie; Louis
useweiler. collector, of Albany; David Hurst,
ifarm-v, nf Ouilderland; Reuben Huyck, farmer,
cf Coeymans; C. V. Lansing, farmer, of Colonie;
iHcrry L. LasMßßft farmer, of Colonie: Jay Sad
iQlemlre, farmer, of Berne: Austin Tallman.
farmfr. of Berne, and John W. Veigle. furniture
jflealer. of Cr.Tlfio«.
Assistant District Attorney Osborne. in his
(bp'-ring address to the jury, said that it was
jthe Intention of the prosecution to prove that
Captain Diamond had permitted a disorderly
jjiouse to be run at No. 27 Ptuyvesant-st., in his
jprecinct. The bad character of the house, and
bl«> that Captain Diamond knew of its bad
Character, would he proved, and that a system
f>f neglect of duty on the part of Captain D;a
bnond would be shown. Lena Schmidt, the
3ieeper of the house, he held, had long been
Jcnown to Captain Diamond. 'Now, everybody
Pcnows that a person keeping a red light place
Ifcad to make arrangements with the police."
jfcontinued Mr. Osborne.
Mr. Cady objected to statements of this char
kicter in the opsnin? address, saying that evi
dence in th* be produced before they that ev!
er.ee should he produced before they could be
pnade to the jury. Judge Herrick sustained the
jpbjection.
"William Delameter, who since IS7O has trans
cribed Hie records of the New-York City police
ftxierds and commissioners, was the first witness
[sworn. He testified that Captain Diamond be
came a police officer In ÜB6B. and was promoted
tthrough the several sTages of promotion to a ;
bf ptsinrr in Mcl He became captain of the Fif
teenth Precinct, where the neglect of duty is said
Ptc have existed, In November of that year. He
jJd«Ttine.l the rules of the New- York Police De
partment, but could not swear that he had seen
i Commissioner of Police Michael C. Murphy ap
'•prove of them. Judge Herrick suggested that
jit would be well to send for Commissioner Mur
fcphy. This Mr. Osborne did later.
At the afternoon cession the principal witness
ivas Lena Schmidt, the proprietor of the al
leged disorderly house which, it is claimed. Cap
-tain Diamond failed to suppress. She swore
-that she kept a disorderly house. It was a
"'parlor" house, and she had girls who sat In
the windows and solicited. Policemen watched
the house day and night all winter, and at times
•would enter the house and drive the girls out.
But the girts would return in half an hour.
She had a conversation with Captain Diamond
last spring, she said, about th*- officers watch
ing 1 her house, and he told her to keep the girl?
away from the windows.
Rosa Greenburg. who swore she was an in
jnate of the house, and Mrs. Nettle Drexler. who
■Bid .she was the housekeeper, testified to the
character of the house.
Th trial will be continued at 10 a. m. to-
Jnorrow.
DELAY FOR CAPTAIN GANNON.
"When Captain Gannon, formerly of The East
*rirenty-tecor;d-Et. station, indicted for the second
time for neglect Of duty, was called yesterday to
plead to th*» indictment in Part I of General Ses
sions, where Judge Nowburger is presiding. Carlyle
J. Gleason, of the firm of James, Schell & Eiku?.
fijed a demurrer to the indictment. Argument on
the demurrer was set for to-morrow.
Mr. Gloason tri^d co get a longer delay, saying
that after yesterday his firm would not represent
the captain, hut Judf*> Newburger said that as he
•would not hold court on Friday, and that as
"Wednesday would b* the last day of the term, he
■would set the argument for that day. He also gave
Captain Gannon notice that whoever his counsel
jaight be. he -would have to be ready to go on
•with the. argument.
JDEYERY-S COUNSEL ARGUES FOR DELAY
I>eputy F "• '■ c Commissioner Devery appeared be
fore Justice Holbrook in the Court of Special Ses
sions yesterday at 1 o'clock to answer to the
charge ■-' inn mi Inn Policeman O"Ne:::. Justice
Holbrook sat as a committing magistrate. Devery
•jras accompanied by Polic*> Commissioner Murphy.
£tnd the TWO sat side by side.
Abra.rr, I. Elkus appeared as attorney for Devery
and Assistant District Attorney Gans appeared for
the prosecution. Mr. E'ikTis made a plea for delay.
He set forth the refusal of th*- Supreme Court to
grant the prohibition asked for in this case, for
trtdfling Justice Jerome to hear the care, and said
that he appealed from this decision to the Appel
late Division of th*- Supreme Court. Mr. Elkus
argued that this appeal operated as a stay.
M:. Gar.? declared that there was no law which
mad 0 an appeal operative as a stay of proceedings.
£.r.d that it was advisable to go or. with the case, as
there were no indications which would lead to the
belief that the Appellate Division would reverse
the decision of the Supreme Court.
Justice Holbrook ordered that briefs be handed In
to him on th« point by Wednesday, and continued
the case until uea.l Monday, when it will he heard
in the library of the District Attorney's office.
THE MAJOR WA.< APPAREXTLY SOBER.
FTIOM BOSTON TESTIFY IX THE
■Base COURT martial
Color.el Frank L Denny. U. S. M. C. was the
principal -witness yesterday at the court martial of
Coior.ei Frank L.. Meade. the commandant of the
marine barracks at the Brooklyn Navy Yard.
Colonel Denny testified concerning the counter
charges that he and Major Lauchhelmer had been
In collusion with the contractors in the remodelling
of the barracks. He characterized as "ridiculous
barrack gossip"' a story that the workmen on the
job had been instructed to supply nothing except
the poorest work on pain of dismissal. Testimony
•was taken to show that a board of survey reported
that a number of changes in the work were abso
lutely necessary.
In the morning two member? of the Puritan Club
of Boston, it kilned regarding the condition of Major
J^auchheiTTi^r on a certain night when. 1. was said
he was disgracefully intoxicated. Th..- witnesses
■wer* E. M Beales and George- "W. Hastings. Both
teetlfled that Major Lauchheimer's conduct on the
night In question was "all right" and that he was
sober to all appearances.
SIGNATURE (I lJ\
*£*% GUARANTEES
LIEBIG
COMPANTS «WftW? T
BEWARE OF 'JUST AS GOODS'
THE JOKE WAS OX GARDINER.
BUT THE FORMER DISTRICT ATTORNEY
APPLAUDED AND LAUGHED
WITH THE OTHERS.
The Rev. Charles Edward Brugler set-off a
giant firecracker, figuratively Bpe&klng, Under
the chair of Colonel Asa Bird Gardiner at the
meeting of the Sons of the Revolution held at
Delmonlco'f- last night to celebrate Evacuation
Cay. 118 years ago.
Mr. Brugler spoke on "The Clergy in the Revo
lution." and paid glowing tributes to the patriot-
Ism and Independence of such men as the Rev.
Ebenezer Prime, of Huntington. Long Island;
the Rev. James Caldwell. of Ellzabethtown; the
Rev. John Wltherspoon. of the First Continental
Congress: Bishop "William White, chaplain of
the First Continental Congress, and other
worthies of the cloth of those faraway days.
Then he caught sight of Colonel Asa Bird Gar
diner, who had arrived at the meeting late, and
who was occupying a front seat six feet distant
from the speaker. With the words of defiance
of the departed clergymen, as repeated by Mr.
Brugler. still ringing in th« hall, the speaker
turned to Colonel Gardiner, and said with a
smile and a bow:
The words attributed to our late distinguished
District Attorney with reference reform <*To
hell with reform!") are but the'ec*^ gentle,
men. of the sentiments expressed by the BriW
toward the ministers of the Gospel one hundred
and twenty years ago.
All the soiu apparently thought this wa= an
exceedingly good thin? indeed, for they shouted
uproariously and clapped their hands. C<
Gardiner looked .lazed, and then, seeing that
everybody rise was applauding, apparently
thought it was a good joke, and followed suit.
Mr. Brugler's remarks were closely listened to
all the way through.
In another part of his address he sain, in re
ferring to the tyranny of King George: "The
King- said he would levy the taxes, and he told
the people they would have to pay those taxes
or go to prison. King George in action indicated
that he, as we would express it in modern lan
guage, was 'working for his pocket all the
time.*"
The speaker said the three most potent relig
ions of the Revolutionary period were the Pres
byterian, the Church of England and the
Friends. He dwelt more particularly on the
attitude of the Church of England ministers
than on that of the others. He said the Church
of England clergymen did much to check se
dition against the Colonies, and that at least 10
per cent of them espoused the cause of liberty.
Frederick S. Tallmadge presided at the meet
ing. Following the address of Mr. Brugler there
were a prayer and an address by the Rev. Dr.
Flagg. •
Refreshments were served after the speaking.
About two hundred members of the society
were present.
THE PAN AMERICAN CONGRESS.
VENEZUELAN DELEGATES THINK THEY
HAVE BEEN SLIGHTED.
Mexico City. Nov. 25.— morning's ses
sion of the Pan-American Congress was chiefly
taken up with the report of the work done by
the several committees. Mr. Macedo. one of
the secretaries of the conference, made up a
list of the chairmen of the several committees
•who had been appointed thus far. Thereupon
Jose G. Fortoul. a delegate of Venezuela, arose
and said that he considered It a slight upon his
country that neither of its delegates had been
appointed to the chairmanship of a committee.
President Ralgosa explained that the com
mittees chose their chairmen. Manuel Sanchez
Marmol. one of the Mexican delegates, offered
to resign the chairmanship of the Committee on
Agriculture and Industries in favor of either
of the delegates of Venezuela, but President
Raigosa said that he was not empowered to ac
cept it. and Mr. Fortoul said that he did not
know whether at present he would he prepared
to accept the chairmanship of a committee.
DELEGATES SEE A BULLFIGHT.
City of Mexico. Nov. 23— The bullfighting season
In Mexico opened Sunday with Mazzantini. the
Spanish matador, in the arena. Many prominent
people in the social and political world of Mexico
were present. Two boxes were occupied by some
of the members of the United States delegation and
other delegations to the Pan-American Conference.
The performance itself did not come up to ex
pectations.
WAS COXTICT IX BRITISH PEXAL rOLOXT.
MARTIN" HOGAN. WHO "WAS WITH JOHN BOYLE
CTREILLY OS VAX DI3.VIEX S LAND. DT
ING IN CHICAGO.
Chicago. Nov. Martin Hogan. an Irish patriot,
who was rescued from Van Dlemen's Land. Aus
tralasia, in 1563, by a ship sent out for that pur
pose, is dying at the County Hospital. He is one
of the seven men convicted, with John Boyle
Boyle O'Reilly, in 1866. of treason against the
British Government and sentenced to be shot. The
sentence was commuted to life Imprisonment, and
afterward reduced to twenty years of penal ser
vitude. With O'Reilly he was confined in various
English prisons until 1«87, when he. with his com
panion, was banished to Van Diemen's Land, the
English penal colony off Western .Australia. In
the spring of IS6S< the whaling ship Catalpa was
fitted out for a voyage to Australia to rescue
O'Reilly and the others convicted with him, but
before its arrival O'Reilly had escaped at night in
an open boat, and was picked up at sea by the
Gazelle, an American whaler. A few weeks later
the- Catalpa arrived off Van Diemen's Land and
rescued Hogan and five companions. Hogan. who
has lived in Chicago for mon than a quarter of a
century, has been in straitened circumstances for
a long time, and on November 30 he was taken to
the County Hospital.
SCHFYLER HAMILTOX f'HILDREX AGAIN.
THE FATHEP. BATE HI? DIVOF.CEn WIFE HAP VIO
LATED AGREEMENT REGARDING THEM.
Sehuyler Hamilton. Jr.. yesterday obtained a writ
of habeae corpus from Justice Clarke, in the Su
prrrr.e Court, directing hif former wife. Gertrude
V. C. H. Sehuyler. to produce in court their three
children. Schuyler V. C. H. Hamilton, Gertrude Ray
Hamilton and Violet Loring Hamilton. Mr? Ham
ilton obtained a divorce in Rhode Island on Septem
ber 2fe. 1894. from him on the ground of desertion
and non-suppGrt.
Mr. Hamilton says she has since been married
to the Baron Raoul de Graffenrled, and gc.ierally
lived in Paris, but that she is temporarily staying
at Osslning on the Hudson and has the three chil
dren with her.
Mr. Hamilton says that an agreement was en
tered into between them after his wife got her di
vorce by T.hlch the children were, to be allowed to
stay with each parent for certain periods, and that
each parent was to be permitted to visit them when
staying with the other They both were restrained
by the agreement from taking the children out of
the United States or further west than the Missis
sippi River, unless both of them consented to such
removal.
Hamilton says his wife and her second husband
have the children living witn them, cniefly In Paris,
and asks that the court decide what is to be done
with them, and that the child under fourteen years
of age. Violet Loring, b« asked to determine with
which of them she desires to ]iv«.
•'The education of my childten is a matter of
considerable moment to me." Hamilton says, # 'and I
seriously object to their being brought up and reared
and educated In foreign lands and under foreign
influences. I am desirous that my son Schuyler
shail prepare for college in this country, as he is
now about the age at which the question of his
future business and social advantages are of the
utmost importance, and I desire that he should be
educated here."
LEWIS AXD CLARK CEXTEXXTAL.
Portland. Ore., Nov. 25.— Canvassers for subscrip
tions to the Lewis and Clark Centennial Exposi
tion, which it is proposed to h"ld in this city In
ISOS. began their work to-day. It is understood to
night that practically the entire capital stock of
the corporation. $300,000, is assured as the result of
the day's work.
WOTLI) BOYCOTT CARXEOIF LIBRARY.
Elwood. Ind., Nov. 25. — Opposition to the accept
ance of the proposed gift of Andrew Carnegie of
$25.<*V> for the erection of a public library building
In thi? city has developed in an unexpected quarter.
It is said that McKinley Lodge of the Amalgamated
Association of Iron and Tin Workers has entered a
vigorous protest against the acceptance of this or
any other sum from Mr. Carnegie, and threatens to
boycott the library in case any of the Iron man's
money shail be used in connection with it Other
labor unions in the city have expressed themselves
as favoring the plan.
XEW-YORK DAILY TRIBUXE. TUESDAY. NOVEMBER 26. 1901.
COLER OX THE DEBT LIMIT.
WOULD HAVE A BUREAU TO PRETEXT
DOCTORING OF REPORTS AND AT
TACKS ON CITY'S CREDIT.
Controller Coler declared yesterday that some of
the recent newspaper reports about the city debt
limit were exaggerated. He expressed displeas
ure with recent reports that There would be no
money for improvements after Mr. Low took office
as Mayor. Then he said:
It perms altogether out of the <£**£<>* ?B$ ?
fair statement op the debt limit befcre the p^bUc
Every man seems to handle th * su r^t " It is
sFK! last "J"jrgag^;^
have the Chamber »' Comm|rcee3^w^ bureau
nf Xh bulletins TmSht v,-
like the weekly bank * tate ™< >nt ~nlL'~ n lL ' Then there
S&iHy aiSta? and right ittonjj tg? It
falsity, and the commissioner was forcMi to re
gharnpered by lack £^ *«»£$- J^gJ
Thereto no *n "tltutlonal limit to this kind of bor
rowing, but I'm not going to begin it jet.
RATMOND-BT. FUGITIVE CAUGHT.
THE SECOND ESCAPED WOMAN PRISONER
FROM THE BROOKLYN* JAIL
NABBED IN NEWARK.
Nellie Morrison, who escaped from Harmon's
Street Jail la« September with another woman,
was arrested to-night at No. 23 Nicholson-st.,
Newark, by two detectives. She has been living:
with a mulatto at that address. When the de
tectives who had found her presented them
selves with a warrant she remarked that she
knew Nellie Morrison well, and that Nellie was
a brunette, whereas she war- a blonde. One of
the detectives responded with a laugh that a
brunette could become a blonde for 50 cents'
worth of hair dye. He exhibited a photograph
of Nellie and she acknowledged her identity.
She was locked up to await requisition.
The escape from Raymond Street Jail was
made in company with another woman, who
was recaptured. The pair made a rope of ear
ments and lowered themselves from a window.
Nellie was accused of running a badger game.
DORIX DIDN'T KNOW HOW HE LIVED
HE SAID HIS LIST OF DEBTS WOULD REACH
FROM CITY HALL TO FORTY-SECOND
ST.—THOUGHT HE JUST EXISTED.
Examine.-'. in supplement? proceeding* before
Justice lonian In the City Court yesterday. John
B. Doris. th* showman and museum man. displayed
a lack of memory as to his business affairs. He de
clared that he had .'-. m.-r. trandum of debts as long
as "from the City Court Bui'i'ng to Forty-second
st.." and he was entirely without money. Tho ex
amination was the result of a judgment obtained
against Mr. Doris by Francis V. Dunn for $462 S2 on
a. promissory note, and was conducted by Leon
Laski.
Mr. Doris said that be lived it No. SIS West
Forty-thlrd-st. Asked what his business was. Mr.
Doris replied: "Various things, among which are
the show business ?nd political business. I am in
politics now; have- been *or the last three, months.
Mr Doris said that he had been connected with
the production of "Old Or bard." He said that tn«
show ron one nicht and th» receipts were $31 90.
"Did you not produce "In Paradise" and "Orange
Blossoms?" he was asked.
"Yes."
"How much did you make out of these com
panies?"
• A bunch of judgments."
Mr. Doris also said thai he was connected with
the Doris Amusement Company. It was owned, he
said, by Ella S. Dor!* and William J. Scanlan He
admitted that he was the ruling spirit of this com
pany. .
"Does this company owe you money?
"I don't know whether It loes or not "
•'Ha? .1 receiver ever been appointed for your
property?"
"I don't know."
"Dr> you support yourself?"
"I don't know. I ■ teas i simply exist."
"Do you owe anybody?"
"I should guess so. I have a list as long as from
here to :- - • ■ sec< rid-st.
At this point the examination was adjourned until
November 25.
XEARLY READY FOR ELECTRIC TRAINS,
THE FIRST MOTOR WTL.L. BE RUN ON* SECON"D
AVE. ELETVATED LIVE IN A WBEK
A beginning will be made, it is announced, in the
operation of the elevated railway system by elec
tricity next week, when the first electric motor will
be run on the Second-aye. line. Before the end of
December, it Is expected by the Manhattan Rail
road management, electric trains will be running on
the Secoml-ave. road, but it is too early yet to say
just how soon the new service will be in complete
operation on that line, which will be the first to
be operated by electricity.
The Manhattan Railway Company is constructing
at Tbird-ave. and Bizty-seventh-st. a large frame
structure in which Is to "be established a school for
the training of employes who will run the new elec
tric motors.
SHE CAME XEAR 001X0 BACK
FELL. ASLEEP ON AN OUTGOING STEAMER AND
WAS POUND OFF BANDY HOOK.
Mrs. W. A. Llppold. of Oarfleld, N J . who ar
rivf-d from Hamburg on the Graf Waldersee on Sat
urday, came near going back. Mrs. Lippold was a
second cabin passenger, and when the ship arrived
in Hoboken she waited on the pier for half an hour
expecting )<- r son-in-law would meet her, as he
had promised. The son-in-law was delayed by a
train from Garfl^ld being an hour late. Mrs Llp
pold, who is sixty-two years old decided to go
back on th* Graf Waldersee and wait in the sa
loon until her relative arrived.
Tr* Patricia was on the opposite side of the pier,
ready to sail at 2 o'clock. The woman, supposing
she was walking up the pmiKPlank of the Graf
Walders^e, grot on the Patricia. She sat down in
an easy chair in th^ saloon to wait, and fell asleep.
The Patriein .sailed, and !t was not until Sandy
Hunk was reached that the presence of Mrs. Lip
pold was discovered. She was taken off the steam
ship and put on board the pilot boat New-York,
where she had to stay until yesterday afternoon.
The son-in-law arrival ju.^t aftr-r the i'atrk-ia left
Hot>okt-r.. and instituted a search for the woman.
While he was on the lookout word reached the Ho
boken office of the Hamburg-American Company
that Mrs. Lippold had been put off the pilot
boat. The pilot boat did not reach New-York until
yesterday, when Mrs. Lippold was landed and sent
to Hoboken.
CHARGED WITH DEATH OF WOMAN.
Chicago. Nov. 2o.— Annie Yon Broth, of No ;4
South Sangamon-st.. died at the County Hospital
last night from burns said to have been inflicted
by Andrew Boland. who lived in the same house
with her. According to the ante-mortem statement
made to the police by Miss Van Broth tho coup!..
had been quarrelling. She declared Boland h.»
eame so angry that he removed th* globe and the
chimney fr,»m !b> lamp in the house and then at
tempted to burn her fa^e with the flame. She
cried out fnr help and Straggled to mvp herself.
Her dress caught fire, and in an instant she was
a mass of flames. Al^rm'd I•■ the result of his
action, the woman said, Boland attempted to ex
tinguish the fire, and was severely burned himself.
Two other roomers in the house heard Miss Van
Broth's cries and informed the police. An am
bulance removed Miss Van Broth and Boland tt>
the County Hospital. After arriving at the hos
pital the ■woman regained consciousness and madf»
the statement accusing Boland. He was then re
moved to th« jail hospital, where he informed the
police that the affair had hern meant as n joke.
I^ater he paid it was nn accidfnt. The police do
not believe cither of his statements, and will hold
him pending the result of the coroner's inquest.
BVIOIDB NOT BLOWDTN.
Halifax. N. S., Nov. 25.— The body of the man
who shot himself at Tufts Cove r.n Friday or Sat
urday has nut yet been identified. The letters "J.
B." are tattooed on one arm and a report spread
that he was Blondin. the Massachusetts murder
euspect. The corpse, however. doe e not agree W j t h
the description of Blo^din that is in the hands of
trie police.
JOHN WANAHAKLR.
Jormerly A. T. Stewart & Co.. Broadway^Fourth Ave^Ninth and Tenth Streets.
TUHTSEL TERMINAL *ITE BOIGHT.
LONG ISLAND RAILROAD ACQUIRES TWO
BUILDINGS IN WEFT THIRTY-THIRD-ST.
Believing that the Rapid Transit Commission in
tends to Brant Its appllcatlcn for a franchise to
run a tunnel from Its station In Long Island City
under the East River and a part of Manhattan, the
Long Inland Railroad has boucht the two four
story buildings. Nos. 49 and SI West Thirty-thin!
at for railroad station purposes. This is to be
the terminus of us underground road. The lots on
which the houses stand are 23.6x98.9 and 21.2x^9
feet respectively, and adjoin the Alpine apartment
house, on the northeast corner of Broadway and
Thlrty-thlrd-st.
M the railroad will need only the ground floor, its
believed that two and one-half yean will oe re
quired for the construction of the tunnel.
IJXEMAX BURNED TO A CRISP.
HE COMES Ol CONTACT WITH AX F.I-BTTRIC
WIRB AND 1? WBTANTLT KILLEP
Thomas Tobin. twenty-five jreara old. of Yonkers.
a lineman for the New-York Telephone Company.
me' a fearful death yesterday afternoon at Tier
mont by coming in contact with a live wire of the
Rockland Ught and Wire Company, while on a
high pole. The telephone and electric light com
panies use the same poles Tobin had to go to the
top of a pole n*ar th» drawbridse. in a thickly
settled part of the village, and thoughtlessly w»nt
up without rubber rloves. Near the top of the pole
he stepped on a transformer, and this brought him
in contact with an electric li.cht wire. A strong
current of electricity passed through Tobin s body,
pronanly causing Instant death.
The mnn was caupht in the wire? and was sus
pended for fifteen minutes before he could he re
leased. The current burnt him almost to a crisp.
MR. BIGELOW OX GERMAN ARMY SYSTEM.
Poultney Bigrelow opened the course at the Twen
tieth Century Club in Brooklyn last nipht by a
lpcture on "The German Military System, and Its
RelHtion to American Institutions." At the end of
the week he will address the West Point cadets on
German military training in its relation to army
reform. On December I Mr. P.igelow will be the
guest of the Military Historical Society of Boston,
where he will read a paper on "Personal Xotea
from German Army Life." From Boston Mr Bige
|ow will travel westward a.* far as Minneapolis
addressing several universities, among others bein^
Chicago, Cornell. Wisconsin and Minnesota. The
burden of Mr. Bigelow's talks will be the military
responsibility of the American citizen, as against
the military preparations of European nations.
WHFX SAUSAGE /£ WOT BAUBA6B.
The General Board of Appraisers has decided
wht^n saasage i? not sausage, and the distinction
Is set forth in an opinion written by General Ap
praiser Fischer, in the case Of H. Hackfeld & Co..
who protested against the decision of the Collector
of Customs at Honolulu. Sausage Is not sausage.
'up holds, unless it is Inclosed in casings, but whan
packed in cans it Is prepared meat, and, instead
nf enjoying the privilege of sausage and being al
lowed free entry. It must pay a duty of 25 per
cfnt ad valorem. The fact that the goods in ques
tion were labfll^d "leberwurst" did not deter the
General Appraiser from st-tting it down as prepared
meat and imposing a 25 per cent duty.
Via Dimes
Till-: WELL KNOWN CORDIAL TOMC.
KOLA COCA »*l l.\mi.\.\ GLVCERU PHOSPHATES.
It give* health, <trrnuTl. and fuernj-. The vitality is maintained by the regular use of
this cordial, which is invaluable In all cases, being highly digestive. iCri-nsllieulnK and as palatable
a!« V rerulatee the heart action, promote* dlB ' s J, l S. n J^l-i\,t!E™ 1 E bMt Jung tonlc *
It reeTjlatec the heart action, promotes digestion ani in alim the best lung tonic.
FOR SALK EVERYWHERE.
Sole \«i-m« for 'rutted states, Canada, and Cuba.
J. C. LARRIVETTE & CO.. 220 Broadway. New York City.
q/%£ ff%t/Ptm&fr(ffdi2
In 1823 Jonas Chickering made the
first piano bearing his name. It was a
marvelous production. But there hasn't been a year since,
when the Chickering has not gone higher and higher in its
attainment of perfection. The Chickerin-s, father and sons,
have ever progressed along the lines of artistic advance
ment The commercial thought has always been second
ary • "hence the Chickering merit and success have attained
the highest eminence on truly artistic gronnds. .
The history of piano-forte building: bears indisputable evidence to the fact that to Jonas
Chickering belongs the credit of establishing the principles upon which the American piaa>
forte of today is constructed.
And nowhere do there exist greater results in the development of the piano-fortt
than that of Chickering & Sons as shown in the degree of excellence of the present con
struction of the Chickering Piano. ■ . ..., - .
For over three-quarters of a century Jonas Chickermg, and subsequently his firm, have
been honored and distinguished by learned societies, by world's expositions, by states and
sovereigns and by the greatest contemporaneous musicians, who have bestowed upon the
Messrs." Chickering & Sons the highest testimonials, awards and investitures, embracing every
known" method of°publidy recognizing merit.
The following are a few of the public honors extended to the Checkering Pianos:
First Prize Medal awarded at the Great Crystal Palace Exhibition in London; First
Gran- Gold Medal and a special Diploma of Distinction at the Exposition in Santiago de
Chili- Grand Medal and Diploma at Philadelphia; First Award and Diploma at the Inter
national Exhibition at Sydney, New South Wales; First Medal and Diploma at the Great
Exhibition in Cork; First Gold Medal and Diploma at the Crystal Palace, London; Three
First Gold Medals at exhibitions in the United States.
In all the recipients ot" one hundred and twenty-nine first medals and awards, maudiag
The Supreme Recompense.
The Cross of the Legion of Honor
the hignest European reward ever given to a piano manufacturer.
And the crONYQing American. triumph, the Greatest Award at the World's Columbian Ex
position^Ch^o^ h^ est artistic merit> th . CkirJ , Piano is at once pro
claimed as pre-eminent. The name carries with it the assurance thai the donor gave the
x*-\ that money could buy, or creative musical genms could produce.
best The superb .holiday collection is now on view in the CHICKERING SOOM-theocst
The superb holiday collection is now on view in the ChICKERiNG HOOa— theaost
distinguished section of the largest and most artistic piano show-rooms 1a £?"*«-
Wanamaker's. We invite you to come and see the best piano m the world, at its best
Piano Btoce. Firth floor.
RICE WILL COX TEST BEGUN,
WITNESSES TESTIFY TO SIGNING DOCU
MENT IN MOB.
Tho flr-t testimony in the Rice will ca«. .In
wnlch the probate of the two wills of William
Marsh Rice is opposed by attorneys representing
several different Interest, was taken tefore Burro
gat, FWraM yesterday. Albert T. Patrick, wh..
drew the second will, in 1900, la now in the Tombs
charged with the mincer of Mr. Rice. He was
represented by Cantwell & Moor* n-i!i:am B.
blower represented the executor of the will
dated in ISM which has been in the custody of
Captain James A. Baker. Mr. Rice's Houston. Tex.,
attorney. John M. Bowers represented the Rice
Institute of Texas, to which the bulk of Mr. Rice
property was left by the will of 1836. De Lancey
Nlcoll and others represented other heirs-at-law
and minor beneficiaries under both wills.
W. F. Harmon was the first witness, called by
Mr Bowers. He is * bookkeeper for S. M. Swenson
& Sons, of No. 15 Wall-st. He said that he had
known Mr. Rice in a business way for eight years.
Shown the 1896 will. Mr. Harmon said that he had
seen it in the autumn of 1536. Mr. Rice was at the
office, and Mr. YVetherbee had called Harmon to
witness Mr Rice's will. Mr. Rice signed the paper.
The witness recalled that Mr. Rice laid a piece of
blotting paper over the will, so that he did not see
its contents. He said that the date. September 26,
was in Mr. Rice's handwriting.
"Walter <> Wetherbee was called next. He is con
fidential clerk for S. M Swenson & Sons. He said
that he had known Mr. Rice for fifteen years be
fore ISB6 as a depositor with the firm, and as hav
ing other business relations with them. He said
lie had seen the will the day it was signed. The
witness told the same story of signing the will as
had Mr Harmon, and added that Mr. Rice ap-
Deared in his usual health and condition of mind.
Mr Bowers saW he was ready to go on with the
case but Mr .Moore said 'he understood the case
waato go no further pending the result of the
rr'imln'il charge* against Patrick. Adjournment
was tnken until December 9. with the understand
ing that no witnesses would be called then.

VOTES OF THE STAGE.
At the Madison Square Theatre, on the evening
of December 30. Basil Hood's "Sweet and Twenty"
will he, seen for the first time in this country. It
ran all last season in London at the Vauieville
Theatre and is still there. "The Liberty Belles"
will remain at the Madison Square until Decem
ber 2S.
Otto Ernst's comedy. "Flachsmann als Erzleher."
will have its flrft performance in this country to
night at the Irving Place Theatre.
Mrs. G. H. Gilbert last night resumed her part
of the queen dowager, in 'A Royal Family." with
Miss Annie Russell's company at the Lycev.m
Theatre.
The writ of habeas corpus sued out by David M.
Neuberger, on behalf of Isidore Hem and Joseph
Bower, who were convicted and fined V- each by
Magistrate V'nyo for sellir.fr tickets for the open
ing performance of "Miranda of the Balcony" at
the Manhattan Theatre on September 24, was dis
missed by Justice Clarke in the Supreme Court yes
terday. The case was brought as a test to try the
validity of the city ordinance preventing licensed
speculators from selling: tickets on the sidewalk in
front of the entrance to any place of amusement.
Justice <"larke holds the ordinance to he constitu
tional. Magistrate Mayo, Justice Clarke holds, had
jurisdiction in the case, tried the men and found
them guilty, nnd in his opinion fh*» writ mutt bo
dismissed and the prisoners remanded.
H On Draught In Bottles ■
I THE BEST I
1 AMERICA
I EVER SEEN
1 PURE AS NATURE
B Frank Jones Brewing' Co., Ltd,
n Portsmouth, X. H. H
Trade supplied t>y ROCK * %}?* a 3'
S2 Cortlaacit St.. >». T. «-.ty.
Sales.
Filth In. Auction Rooms, |
233 Fifth AT. TCUltaxn B. %
M THIS (TUES.) AFTERNOON •
I L 4 in X — - $
EXCEEDINGLY RARE $
AVriQIF. AND MODERN i
ORIENTAL . I
Rugs and Can>e<si
BEING TO BE SOLD limrg^ $
Ir*ro. Royal Bokhara. KfclvA. —■•*. X
■•softie!., will i*

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