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SUES HUNTINGTOX ESTATE
E. I. CUTTING REVIVES THE OLD
CHARGES OF FRAUD AGAINST CEN
TRAL PACIFIC TRUSTEES.
Th- early history of the Central Pacific Rail
road Company of California was recalled yester
day by an action for $100,000,000. brought by
Robert L. Cutting, of No. 71 Park Row. In be
half of minority stockholders of that corpora
tion, again?' Charles H. Tweed. Isaac E. Gates
and Mrs. Oollls P. Huntington, the executors of
the estate of Collis P. Huntington.
The ease came up yesterday before Surrogate
Fitzgerald on an order to show cause why the
executors of Mr Huntington's estate should not
make an accounting with an inventory of the
Central Pacific stock belonging to the estate.
An order was signed by Surrogate Fitzgerald,
and the case will be argued before Surrogate
Thompson December '-' The bill of the minority
stockholders also asks that an accounting be
made of the profits made by Mr. Huntington
■while .he was trustee of the Central Pacific, and
further desires an injunction restraining the
executors of his estate from disposing of any
property or assets until the amount owed to
the Central Pacific Railroad Company of Cali
fornia has been ascertained.
Besides this suit, there is to be another, said
Mr Cutting, against the Southern Pacific Rail
road, to enjoin it from issuing $8,000,000 of 4
per cent collateral bonds, the remainder of an
authorized issue of $2t),000,000 based on pre
ferred stock of the Central Pacific Railroad
Company of Utah. Then, according to Mr. Cut
ting, the process by which the Central Pacific
Railroad of Utah succeeded the original com
pany of California Is to he questioned in a suit
to be brought in California on the ground that a
las* passed by the California legislature in 1809.
authorizing such transfer as was made, was
The suit brought by Mr. Cutting for the mi
nority stockholders is in the name of Walter
Morehead, a lawyer of London. England, and
charges fraud against the late Collis P. Hunt
ington. Mr. Cutting said yesterday in support
ft his case:
"While trustee of the road. Mr Huntington.
together with Iceland Stanford. Charles Crocker
and Mark Hopkins, organized companies for con
struction, for Improvement, for carrying on the
express business and for supplying the road
■with coal, and made contracts with these com
panies which gave them about everything the
Central Pacific possessed. To these companies
he turned over $30,000,000 worth of government
bonds loaned by the United States, and prac
tically all the securities of the company, an
amount of about $163,000,000 in all. As ap
peared in the investigation made by the United
Ftates Government to find out what became of
Its bonds, the work done by these favored com
panies amounted to only about SGO.OTiO.OOO. Now
my clients allege that these acts and the subse
quent transfers of stock to the Utah company
and to the Southern Pacific show fraud, which
continued up to the time of Mr. Huntington>
death in 1900 My clients are mainly residents
of England, who were kept in the dark about
the real state of affairs. Later we may sue the
rotates of some of the others concerned."
Neither the trustees nor their lawyer. Max
well Evartg. would discuss the suit yesterday.
Charles H. Tweed, regarding the suit brought
for Walter Morehead against the coins P.
Huntington estate, said yesterday:
"There is absolutely nothing to it. Mr. More
head is a holder of one hundred shares of Cen
tral Pacific stock, and this is simply one of the
several suits which have been instituted since
th* readjustment of the road's affairs in 1890."
TWO VEX KILLED BY ELEVATOR.
DOCTOR PATD MAN WITH BROKEN' NECK
"WAS DEAD, THOUGH HIS PULSE BEAT.
By the fall of a freight elevator being constructed
In the new barn of the drygoods firm of James A.
Hearn & Sons, Nos. 2: and 24 West Thirteen th-st.,
about noon yesterday, Frederick Dedendorf. of No.
;fi4 Wept One-bundred-and-sixteenth-st.. and B.
Harris, of No. 416 West Twenty-elghth-sL, were
killed. lendorf was working with the mechan
ism at the bottom of the shaft In the basement.
Harris was a carpenter. When the car fell at the
Ffcond floor he was levelling It with the wood
In some way. which was not explained to the
police, the attachment by which the big car was
suspended in the shaft gave way and it dropped
to th* basement. Harris was crushed between the
top of the car and the floor on which he was work
ing. His bead and shoulders were injured. Deden
dorf s= r.eek was broken Instantly.
Harris was alive when put into a St. Vincent's
Hospital ambulance, but expired soon after reach
ing theie. Dedendorf s body was taken to the
Mercer-st. station. The policemen in examining
it discovered Blight action of the pulse. Another
hurry call was gent to the hospital, the policemen
thinking that 11 might be possible to Eave the man's
life. Dr. Donavin responded, but declared that
life was extinct. Inasmuch as the neck was broken,
although there might be the presence of a pulse.
Policeman Sullivan arrested James Watson, the
foreman, sad Magistrate Flamm«r remanded him
to Coroner Jackson, who held him in $2,000 ball to
await the result of an inquest-
A representative of Hearn & Sons said that the
elevator was being tested by the men who were
killed, and who were employed by the McAdams
& Cartwright Company, builders of elevators, at
No. :£$ and 2SO Eleventh-aye. A plank or scantling
projected into the shaft so that the elevator rested
on it. while the steel cable continued to slacken
end coil up on top of the car. The weight became
*<■> great finally that the plank broke and the car
plunged to the basement.
MAT GET RIXG THAT CAT'ftED HER ARREST
V". <■••■: HAS CLAIMED JEWEL MRS. MCLTTSKET
FOUND IN HORSE SHOW BOX.
Mrs. McCluskey, the woman who found a dia
mond ring at the Horse Show while cleaning a box
supposed to have been occupied by the Vanderbilt
party, w;..-- paroled on her own recognizance by
Magistrate Flanxmer in the Jefferson Market Court
yesterday until Friday.
No one up to this time has put in any claim for
the ring, and if the owner does not declare him
self before Friday the ring will be given to Mrs.
McCluskey. It is Bald to be worth about $1,500.
When the woman was paroled she hurried to a
srygoods store in Sixth-aye., where eh« has ob
tained a place.
DI6BROW TRIAL SET FOR JANUARY 12.
Riverheaa. Long Island, Nov. 24- The trial of.
Louis A. Disbrow on the charge of murder In the
first degree, in connection with the death of Clar
ence Foster at Good Ground last June, has been
e«-t down for January 12. but will not be begun for
tome nays lat.-r. The extra panel of Jurors must
be drawn in open court. Justice Maddox will open
court on January 12. order an extra panel of one
hundred Jurors drawn, and then adjourn proceed
ings to a later date, unices it is possible for County
Judge Jayoos to order the extra panel of Jurors
drawn in the term of the County Court, which
opens here on Monday next-
A number of well known lawyers. how?v«»r, con
lend that the jurors must be drawn In open court
in which the trial is to take place, and insist that
an adjournment to some date later than January 12
must be taken.
SELFCOXFESSED STAB BER TAKEX.
THE MAX WHO SLASHED THREE AT BATH
BEACH BAYB UK DID IT IN
Frederick Roth, apparently an inoffensive Ger
man bill collector, who seems to have cleared
up the mystery of the stabbing at the home of
William R. Gardner, at Bath and Fifteenth
ayes.. Bath Beach, two weeks ago, by asserting
that he did It in self-defence, was arrested yes
terday in the German Hospital. Remorse and
anguish over the injuries he had inflicted
brought on a complaint of long standing, and
Roth went to the hospital to have an operation
performed. Th* 1 doctors say he will be out In
about ten clays, ;ind he will then be arraigned
in court. It is thought that he will be dis
missed, as he is well and favorably known, and
his story that he did the stabbing in self-defence,
as he believed, is credited by the police.
Roth say.« that, as the collector for a Manhat
tan debt agency, be had a bill against a cer
tain Mrs. Ann Gardner. In looking up all the
Gardners in Bath Beach he came to the homo
of Mrs. William R. Gardner. She was alone
with her children at the time. ;;nd. taking
fright, ran out and called help. John MeMahon,
his son Frank and Carl Huckmiller responded.
Roth declares that Buekmiller struck him first,
and Buckmiller has asserted that th« man, who
was a stranger at that tim*. was the aggressor.
APPOIXTS WATER COMMISBIOX.
MAYOR SELECTS BODY TO REPORT ON
MEASI'RES FOR IMPROVEMENT AND
On the improvement of the available of
water supply and taking measures for the preven
tion of the waste of water, which has ben receiv
ing th» attention of Mayor Lnw for some time, he
yesterday Issued the following statement:
Since receipt of the letter from the Commissioner
of Water Supply. Gas and Electricity, proposing
the appointment of a commission of engineers to
report upon the available sources for the enlarge
ment of the water supply of the city of New-
York, throughout th" different boroughs, and for
the prevention of waste. I have- been i.i constant
conference with reference to the selection of such
a commission, i am glad t.> be able to announce
the selection of Professor Wiiiiom H. Burr, of
Columbia University; Rudolph Herring, No.
170 Broadway, and John R. Freeman, of Provi
dence, R 1 . tn report on both branches f the very
important topic to which his kuter relays.
It is Intended to ask these engineers to Rive all
the necesbary information with reference to every
available watershed in sufficient detail to enable
th* city to know, as to each one. how much water
can be had, how long it will take to pet it. and
how much it will cost per 1(10.000 gallons With
this Information in hand, it ought tou possible for
the city authorities to decide what is the best
thing to do
The commission will be Instructed to give equal
attention to the stoppage of waste. There is no
disposition to undervalue the Importance of such
an Inquiry aa to waste, but it is clear that both
branches of the Inquiry should be carried on at the
.-nme time. Any enlargement of tbe water y
of New-York upon a scale that will suffice foi the
growth of the city, even for a few years, will de
mand a ;arge outlay of time, even after the plans
have heen developed and adopted. Any savin? that
can be made by the stoppage of waste will also
take time and cost a great deal of money, and the
plans, even when prepared nr.rl ado;. ted. can only hr
carried Into effect graduHlly.
Professor Burr is a construction engineer of wide
experience and gr*at ability. He has recently
served upon th» Isthmian Canal Commission. Mr.
Herring is a hydraulic engineer of very high stand
ing who has already given much time to a study of
the subject, and is. besides, specially equipped for
the service in being an authority or. filtration, a
subject that may prove to he important in connec
tion with the work of the commission. Mr i'ree
rnan Is also exceedingly well Informed <"'m the
Ject at large, having made the- Investigation that
was started by Mr. Coler, when lie was Controller
of the city. In uridition to the Information col
lected at that time by Mr Freeman and by the
engineers of the Merchants' Association, a large
amount oT surveying has been done in the mean
while by the Department of Water Supply, so that
as to one or two of the most important sources of
supply very full data will he at the commission's
service immediately. Tt need scarcely be added
that the Water Department will co-operate with the
commission to the fullest ext. nt.
Mr. FTeeman is the Rhode Island engineer whom
Water Commissioner Dougherty desired to nppolnt
Chief Engineer, but who was oppopied by the Hoard
POr.VD BART DOING XICELY, TI7AXK YOU.
15 PRINKTNC, THROfOH TTS NOPE. AND SLEEPING
Carefully nursed in the Bellev-ue Hospital
bator." th<» one-pound infant wh!<-h was taken to
the institution on Sunday by Foliceman John
O'Brien, of the Delaneey-st. station, was progress
ing- favorably yesterday morning, and the doctors
see no reason why, under good conditions, it should
Immediately after its arrival at the hospital the
baby was placed in the incubator, and systematic
nourishment begun. It takes a milk preparation
every two hours, but, owing to Its weakness and
Inability to swallow, th*- baby is laid on Its back
and the liquid is given through the nose
The doctors explained this morning that no In
convenience is caused to the small patir--.it by this
method of nourishment. It neither strangles nor
falls to swallow the liquid. Between doses, th.
baby slumbers most of the time In the incubator.
WAS DYED, BIT VOT DYING.
THE HIE Or PEATH CAME KKOM A 81/TE HAND
KERCHIEF GIVEN TO WOHKMAN
BY HTP WIFE
William Drudy, of Gardner-aye., Jersey nty, a
lineman, received a present of mmc dark blue cot
ton handkerchiefs from his wife recently. Last
Saturday he took one. of thr-m when he went to
work on the Hudson County Boulevard under a.
Boulevard electrician. In the afternoon the work
men noticed a change in Drudy's complexion and
spoke to him about it.
A few days before Drudy had worked near a con
tagious disease hospital at Snake Hill, and when
the peculiar bluish tinge was noticed on his face
he and his fellow workmen feared that he had
contracted some terrible disease. He said be felt
111. and went home and to bed. A physician saw
him. and wrote a prescription. Drudy felt that he
was sinking, and sent for a priest.
Before the clergyman arrived Mr? Drudy placed
a wet towel on hjr husband's head to allay the
fever. She was surprised to see the blue tinge dis
appear. Drudy's face had ber n painted by the col
oring of his handkerchief while he was perspiring.
He Immediately recovered, and was out Saturday
PRCDEXTIAL VERGER CASE POSTPONED.
VICE-CHAXCEL.L/OR STEVENSON GRANTS ATTH.M,
OF T. N. M-CARTEU. <V>UNdEL. FOR
Application wa* made to Vice-Chancellor Steven
son yesterday by Thomas N. McCarter, counsel for
the Fidelity Trust Company, of Newark, In th* suit
brought by John Illingworth and William Roboth
am against the proposed merger of that corpora
tion and the Prudential Insurance Company of
America, for a postponement for two weeks before,
fixing the term* of the. restraining order which
the court is to issue as a result of the. preliminary
j argument last week. Tho counsel said that the
case could not be entered for hearing by the Court
of Errors at the present time. Sherrerd Depue,
j counsel for the complainants, opposed postpone
j ment. The Vice-Chancellor said:
The restraining order now In force will certainly
! not be broader or wider in the formal order. 1
i agree that the terms ought to be carefully consid
ered, and I think the defendants ought to have the
full opinion before them before the order la signed.
now that the difficulty is cleared away by the ad
j mission that it Is impossible to get the case before
this term of court.
The case was then postponed for two weeks.
! DIRECTORS MAY USB VOTING POWER.
Vlce-Chancellor Stevenson, In Jersey City, yes
terday modified the order restraining the Pruden
tial Insurance Company of America and the Fidel
ity Trust Company, df Newark, from merging.
The Prudential directors are permitted to exer
cise their voting power in increasing the capital
stock of the trust company, but tfc«y must not do
anything that may prove injuries d to the com:
plalnants, Messrs. Illingworth a: ' Robowtham, or
to the other stockholders of tr Prudential com
pany. Counsel for the Ir.suranc« company informed
the Vlct-Chancellor that an apical would be taken
to the Court of Errors and Appeals, and Mr. Stev
enson outlined a few points they should observe
I while preparing the order. December 8 was se-
Ucud •.• th* date for discussing th« order.
XEW-YORK DAILY TRIBUTE. TUESDAY. NOVEMBER 25, 1902.
CAR WHEELS BEHEAD TAG PLAYER.
MOTHER PUSHES THROUGH CROWD ANI>
SEES HKADLES3 BODT OF HER BOY.
Frank Gants. four years old. of One-hundred
anij-sjxty-flrst-at. and Rurnmit-ave., wan be
headed by a trolley car soon after t> o'clock last
night. The motorman. William H. Mace, of No.
1,005 Davrßon-st.. was locked up in the Mor
risanla station, charged with homicide.
The boy and companions were playing "tag."
While the boy who was "it" was chasing another
boy Frank stood on the cartracks. The car.
bound for Highbridge, bore down suddenly on
him. The motorman says he did not see the boy
until the car was almost on him. and that then
it was too late to stop the car. He clanged
the bell, but the child did not move, and was
struck and thrown under the wheels.
Mrs. Gants heard the cries of the boy's com
panions, and rushed out of the house.
"What's the matter?" she asked of a man who
"A little boy has been run over," was the
Mrs. Gam? started to call her boys name in
loud tones, wishing him to get away from the
crowd. As she was calling a companion of her
boy ran up to her and shouted out:
Mrs. Gants rushed to the middle of the street
and broke her way through the crowd. There
she saw the headless body of her boy.
Patrolman Kerwick, of the Morrisania station.
says that, witnesses told him that the boy could
probably have got out of the way had it not
been for the loud clanplng of the motorman s
bell. They said that the boy had started to
leave the track when the clanging started and
that it was so loud that it seemed to petrtfj
AGED BROKER FALLS DOWX SHAFT.
MAN DECLARES HE DPENED DOOR AND
WALKED IN-TAKEN TO HOSPI
William R. Holbrook. a broker, of No. 92 Liberty
m fell down the elevator shaft at No. 529 Broad
way yesterday, and was taken to St. Vincent s
Hospital in an unconscious condition.
He was on his. way to an office on the third floor.
The car was at one of the upper floors and th-
K ate was closed, but according to W. D. Adams,
who was watching. Mr. Holbrook deliberately
opened the do, r /nd walked In. though the car
was not there,. Mr. Adams William Italge. the
janitor, and Policeman Herder, of the Broad* a>
Squad, found Mr. Holbrook lying on the floor of the
shaft blee-iln* from a severe scalp wound.
Dr Donovan said that th* wound was not serious
In Itself, but as Mr. Holbrook was seventy-nine
years old it might prove BO
FIFTEEN JTUXDRED MEW OUT.
UNION MEN ARK LOCKED OUT BY NEW I
ROCHELLE. LARCHMONT AND PEL
HAM MANOR BUILDERS.
Owing to a disagreement between the Builders
and Contractors' Association, an organization com
posed of nearly all of the employers in New-Ro
chelle. Larchmont and Pelham Manor, and th»
Building Trades Council, consisting of th- em
ployes, the builders yesterday began a lockout of
all their union men. About fifteen hundred men
are. Idle, and building operations of all kinds on
that !«ld- of -vv>!=- hest r County which Is on Long
Tfcland Sound are suspended.
There Is onry one contractor in New-Rochelle who
la not in the lockout movement Us Is George
Galgano. an Italian bullrfi-r. Yesterday th<* local
lumber yards, the owners of which are all par
ticipating in the strike, refused to sell Oalgano any
building materials, and the indications arc that
In a few days be will be forced to suspend work.
Hundreds of men who do not live in New-Ro
and the- surrounding territory but are employed i
there on building are also out of employment. ,
It !■ feared that the lockout may extend to Port
Cheater, Greenwich an i other places before th« |
week is out, an the employer* are determined to j
make the contest a. test of strength between the j
unions and themselves
The lockout is the outgrowth of & strike
» few months ago. At that time the plumbers
went out. with the exception of a man I id a boy
who were employed by Archibald & Lippoth. a
firm In Mechanic-st. When the striken returned to
work they Imposed fines of $50 each on the mm^and
the boy. Both refused to pay It and as n cons.
quence their employer.. Archibald A LlppoUi^wen!
notified that no union men would be perml ted to
work for them or on buildings where their ■ men
were employed as long as the two offending work
men remained In bad standing.
The lookout Includes every union mason, plumber,
carpenter, tinsmith and painter In th« affected
territory and has extended to the lumber yarda
and other concerns which supply building ma
terials Among the buildings on which work is sus
pended is th» $200,000 house of M. .T. Condon, in .
WELL KNOWV LAWYERS IX CASE
GENERAL TRACT. ALBERT F. LAMB AND
JERRY A. WBRNBBRfI COUNSEL
FOR BROOKLYN MAN.
David Morrison, of No. 775 Bushwtck-ave., Brook
lyn, who is accused of grand larceny In selling
"salted" saloons and houses, has secured a Rood
array of legal talent to defend him. When Mor
rison was arraigned in the Kings County Court for
trial yesterday. General Benjamin F. Tracy ap
peared as his chief counsel. General Tracy Is
assisted by Colonel Albert K. Lamb, Stephen C.
Baldwin and ex-Assistant District Attorney Jere
A. Wernberg. They won their first victory by
aecuring from Judge Crane an adjournment for a
District Attorney Clarke announced In court that
the witnesses for the people were being Intimi
dated and asked Judge Crane to warn "Yank"
Allen who Is said to be an associate of Morrison,
not to Interfere with the witnesses. Judge Crane
gave out a general warning against intimidation.
Morrison, who is the son of a well known hotel
keeper at Rockaway Beach, is accused of swindling
Otto Ransweller, of Palmyra, N. V., out of $523,
which he paid for a worthless saloon. He is under
indictment on that charge. Tho District Attorney
has experienced great difficulty In th.> case, as
powerful influences have been at work to save
MARRIED IX THE LIONS' DEX.
NO ONE WAS FRIGHTENED. NOT EVEN THE
PYRAMID OF "WILD BEASTS.
With the Lady of Lions, Mine. Creedonla, as
bridesmaid, and J. Cheevex Goodwin as best man.
and twenty-seven kings (of beasts) as ushers
standing behind In a somewhat unconventional
pyramid, Thorese Berg and Henry Heiner. both
Danes and both of this city, were last night united
in marriage in the big steel cage at Rostock's ani
mal arena In the St. Nicholas Rink. The cere
mony was performed by the Rev. George G. Hep
burn, of No. 244 West Eleven , an elderly
Episcopal clergyman. There was no terror mani
fested by any of the human beings concerned in
the performance. The bride was too busy blushing
to blanch with terror, and the bridegroom was too
busy hanging to the ring to think of the lions.
And as for the minister, his back was turned to the
beasts and his face to such a crowd of gaping,
curious spectators that lions must have been far
from his thoughts. He wore, a fine gown. As for
the bridesmaid and the best man, they were used
to their geographical position.
With the lions it was a different matter, though
some of them, if memory Is not mistaken, may well
have gone through a similar experience. They
were not exactly frightened, nor were they par
ticularly enraged. They maintained their positions
on the pyramid with rather an air of boredom. One
of them, indeed, became so weary that he clam
bered down and yawned. His keeper drove him
back again. He climbed tip slowly and gazed with
sleepy eyes at the proceeding. It was evident that
he did not actively resent social conventions, hut
merely regarded them as unnecessary.
The ceremony was all over before 10 o'clock Th*
happy couple got JCOO as a wedding present. The
minister's fee Is not made public. /- :
ORDERS RECOUNT /.V TONKER6
Supreme Court Justice Keogh has signed an order
requiring the election officers of the Second District.
Second Ward, and First District. Fifth Ward, of
Yonkers. to reopen the ballot boxes and recanvasa
the vote for coroner and correct their returns If
they need correction. It is said that Dr R c
Eddy, of New Rochelle, the Republican candidate
for coroner, did not receive credit for votes which
should have been counted for him. Albert Van
houten. the Democratic candidate, was elected ac
cording to the returns, but it is declared that Dr
Eddy should have received credit for almost a
hundred votes more than were given to him,
follow— "To bring D&dy's Secretary Here/ . -~v
WOMEX FLEE FOR WIXDOWS
POLICE SAY ACTRESSES WERE AMONG
THOSE LOCKED UP AFTKR POOL
An alleged women's poolroom was found
yesterday by the police of the West Thirty
seventh-st. station and fifteen women wen
locked up. The place on which the raid was
made was in West Thirty-seventh-st.. between
Seventh and Eighth ayes. Five plain clothes
men were passing through the street when they
heard noises that led them to Investigate.
They forced the front door, and then as the
sounds seemed to emanate from the rear room
on the first floor they forced the door there
also. They found fifteen women there talking
excitedly, and the alleged proprietor, or a
woman, was receiving returns from races over
the telephone, they say.
The policemen told the wom»n that they were
under arrest and there was a scramble for door
and window. Annie Simon, who gave her ad
dress a? No. 120 Pearl-st., jumped from the win
dow to a sh a d and was about to jump to the
ground when she was stopped by Policeman
Trojan, she was charged with maintaining a
A woman, who gave her name as Margaret
Anderson, of No. 31 Prospect Place, Brooklyn,
when asked what her business was, said that
"she picked winners." Lulu Green, of No. 24
West One-hundred-and-tenth-st., described her
self as an actress, but refused to say in what
company she was employed. Bella Brown, of
No. 221 West One-hundred-and-thirty-third-st..
described herself as a dressmaker, but the police
said they recognized her as an actress playing
in a Broadway production.
The fifteen women, six of whom were more
than sixty years old. were placed in the patrol
wagon and taken to the station while a large
crowd looked on. The telephone and a number
of racing cards and other paraphernalia were
also taken to the station. The women had no
sooner been turned over to the matron than
they began to send for messenger boys and dis
patch notes to various parts of the city, though
the addresses In no case corresponded with
those given to the desk sergeant.
CALLS IT COXSPIRACY
PR. UI,LO TERMS THE "LOYAI/fT" REBATE
OF THE SHIFPING "RING" TYRAN
Th- South African freight rate war between the
steamship lines comprising what has been termed
the "ring" and the Prince and Houston lines has
led Indirectly to a suit against the former by a
large shipper through Dr. Lorenzo Ullo. of No. 11
Broadway. The "ring." which Is made up of the
American find African, the Union-Castle and the
llansa lines, in order to retain its trade in spite
of its high freight rates. com« years ago offered to
give a rebate- of 10 per cent to those who shipped
by Its lines alone. Dr. I'ilo was quoted as saying
Tills suit has been brought because my client
decline* to accept tyranny uvn tyranny. The ac
tion of the 'Tint?" Is astounding. As shippers
know, the "ring" offers rebates upon Its frcicht tar
iff to those v. ho send by Its lines alone. The shipper
■'.!!<■ thai he shlpa by no one else for thirty
days after shipment b> one of the vessels of the
"ring;." Thin is characterised as "loyalty." Origi
nally the nh!i>p> r was required to vouch for the
"loyalty" of his consignee bul some tin,.- after 18M
as found Impra -ti able, and the clause, while
Ipg It: thf> agreement, *ar winked at. Now
the "ring." In view of the competlti Prince
and Houston lines, makes the clause operative.
i tyrai •■ • wny, and \r nor to be
ted it la conspiracy
less. There Is payable now 51.500.000 In rebates
which were earned by shippers under the "loyalty"
agreement; now. In order that • rs shall
•n. they must conform to s new "loyalty"
agreemi nt. This in manifestly unfair.
MANHATTAN GOEB TO 158,
NF.W-YOnK CENTRAL ALSO DEVELOPS
Manhattan was again yesterday, as during last
week, the Feature of the stock market. It opened
"wide" at ISOVi to lOOVj. and In the first few minutes
Bold up to 161, and dipped on one sale to US**, Its
low level for the. day. Its rapid advance began
about noon, the stock shooting up rapidly from 153
to 15S by 1:30 o'clock. Heavy profit taking caused a
recession from that point, and the stock closed at
IS3. ;i net gain of only - per cent.
New-York Central also developed great strength
between 1 and - o'clock, advancing within th< hour
from l.v. to l.'^V It closed at Xhl l^. a. net advance
for llio day of 3*i points. Th" concurrent activity
of the, two stocks was marked by a revival of the
rumors that the Central was to take over the Man
hattan. No Urination of that or any other of
th<> Manhattan reports could l>« had from ny
trustworthy source, however: and it was still the
host opinion thai th- -situation was as outlined In
The Tribune on Sunday— thai no Immediate, dispu
tation of th« Manhattan was to be made, but that
th>- elevated system was Included in the yet not
fully defined plans of the New-York Central and
the Pennsylvania for distributing their passenger
traffic at this centre, and that the buying In Man
hattan was partly by Interests Identified with the
two roads and partly by the strong and aggressive
bull pool in Manhattan On the curb Interborough
Rapid Transit stock was Inactive.
NINE HUNDRED PATHOS ACE JORS.
HEADS OF DEPARTMENTS HAVE THAT NUMBER
IN CLAPS A ALONE TO DISPOSE OF.
Messrs. Russell and Owens, Commissioners of
Accounts, cent to the, Mayor yesterday a report
giving In detail all the competitive and exempt
places in the municipal government. According
to the report there are 45,-99 public places on the
city payrolls, and of this number there -ire 800
In Class A. known as the, non-competitive, for ap
pointment to which places the applicants do not
have to pass Civil Service examinations, as the
places are filled direct by the heads of depart
ments. In the various county departments there
are 218 exempt places, and in the city departments
there are 652. In the competitive class there are
14.436 officials in the city service and 911 In the
county service. These 15.337 places are sub
ject to the rules of the Civil Service Commission,
and vacancies must be filled by appointment from
eligible lists of the Civil Service Commission.
The report shows that there ara 7,467 officials in
the Police Department, 2,663 In th" Kir* Depart
ment, and 3,688 In the Street Cleaning Department.
The number of teachers and others In the Board
of Education employed is 11.888. There .ire 2.961
laborers and 315 dock builders in the Dock De
SURE of GETTING CniI.DRFX.
MR.' TINGLBY CANNOT BELIBVK THAT THERE IS
ANOTHER GERItY IN CALIFORNIA.
Ban Diego. Cal., Nov. 24. Mrs. Katherlne Ting
ley, head of the Universal Brotherhood, spoke at
the Isis Theatre before a large audience last night.
Her address was largely about the controversy
over the eleven Cuban children destined for the
Port Loma School, but detained at Kills Island.
New-York. She declared that .Mr. Gerry would
never be able to touch the children, and that they
will come to Point Loma. Mr. Gerry himself then
engaged her attention. She said:
Now I will speak just a moment about Mr. Gerry,
because 1 am very much Interested in him. Mr.
Gerry says it is his intention to make war upon
this institution at Point l,om». It Is his Intention
to send to San Francisco and have the Society
for the Prevention of Cruelty to Children in that
city co-operate with him in this work, and many
more things of that nature, which you will pres
ently see published Now/, I cannot believe that
there is another Gerry in the State of California,
It would be Impossible for me to belle\e such a
Our enemies are not open enemies, like the Span
ish were. They are skulking behind the scenes.
They are here and they are there. They are every
where, and they are eating out the heart of the na
tion, and time will prove It. I can assure you It
is a terrible thing that, in the twentieth century.
In America, eleven Cuban children can be detained
without rhyme or reason, and that by a Gerry
board of three people; a woman's character can be
torn down without a chance of refutation, and
even her lawyer.* objections expunged from the
reports. Let this experience be a lesson for us and
for all American people. _
HAS VOT OFFERED PLACE "10 Iff LGEM.
MR rVNNKEN DID NOT KNOW UK WANTED
Pl^'T-: IN ATTORNEY OCKBRAL'S OffTIOB
Buffalo. Nov. 2-*. -John Cunneen said to-da\ ih.it
he had never had any intimation that Judge
Charles N. Bulger, of Oswegu, was a candidate for
a place In the ofhee of the Attorney General and
that he had not decided upon nor offered any ap
pointment as i ec
INVEBTWATTSG LOVD'R DEFEAT.
THE -IVII, SERVICE COMMISSION TAKKS UP
CHARGES AGAINST THK LETTKK
Washington, Nov. 24. - The United Slates ••i\l!
Service Commission has started an tavcwdajaiioai
into the relation of J. C. Keller, president of the
National Association of Letter Carriers, to tho de
feat for re-election to Congress of Eugene F. Loud.
of California, chairman of the House Committee on
Postofnces and Post Roads.
The charge has been made that Mr. Loud was
defeated through the efforts of the letter carriers.
assisted by the rural free delivery service employes,
and that the efforts of the carriers toward the de
feat of Mr. Loud were made because the Call
fouiia Representative opposed an increase in pay
for the carriers and the men engaged In the rural
free delivery service. The civil Service Commis
sion has asked the Postoffles Department to fur
nish copies of the correspondence which passed be
tween the Department and Mr. Keller in relation
to the campaign of Mr. Loud for re-election to
Congress. Copies of this correspondence were sent
to the Civil Service Commission yesterday. Who
made a complaint against the president ... the L«J
ter Carriers" Association for violating the rules
against taking part in political campaigns is not
known. Mr. Loud did -not do so it said.
It Is understood that some of the officials of the
Letter Carriers' Association are afraid that Mr.
Keller will be discharged from the service of the
government on account of the Loud case, and some
of them have approached the Postofflee Depart
ment to learn whether, if Mr. Keller were to be
deposed as president of the association, his suc
cessor in office would be permitted to make a cam
paign at the coming session of Congress hr an
increase in pay for the carriers. These inquirters
have been informed that the letter carriers will not
be permitted to approach Congress with .. a r request
for increased pay except in the regular waj
through the Postmaster General.
AFTFR CANADIAN TIMBER PROPERTIES
AN AMERICAN SYNDICATE SEEKING TO BUY OUT
DAVISON * SONS.
Halifax Nov. 24 (Special).-A deal which, If con
summated, will transfer to American hands one of
the largest lumber properties in Canada is now In
progress. A syndicate composed of nttsburg and
New- York capitalists is negotiating for the pur
chase of the timber limits and mills of E. Davlson
& Sons, of Brldgewater. N. S. This property, which
is in Lunenburg County, is thickly wooded with
pine, spruce, hemlock and fir, and is considered
one of the most valuable wood properties in the
Dominion. The areas lie along the banks of the
Lahave River, a deep water stream emptying into
the Atlantic at Bridge-water, where there are large
mills fitted up with up to date machinery. Large
vessels can be loaded at the mills with dispatch.
The timber areas comprise 210.W0 acres, and th»
annual output has averaged about twenty million
feet of sawn lumber. The American syndicate has
bonded the property for two months, the contract
price being $1 060. The syndicate Is represented
here by F. B. Chapin. of New-York.
DFSIFS HF UADF AGRFFUFXT.
WARREN B SMITH IS SCEP BY WOMAN FOR $600.
Trial was begun yesterday In the City Court of
a suit for $600. two months' Instalments of the $300
Julia Langer alleges Warren B. Smith agreed to
pay her during ncr life. The plaintiff alleges that,
at the defendant's suggestion, they travelled in
Europe as man and wife, and that the defendant
declares that there were no causes for such an
agreement, and that there were none. In London
he proposed marriage to her. and she agreed. After
they returned to this city she asked him in his
apartments at the Rutland about their marriage,
and he told her be would not marry her. and that
In consideration of her agreement not p to sue him
for breach of contract he would pay her $3<"o a
month for life. A letter purporting to be signed by
him. In which he saM he would »end her a check
for $300 on February 1 and for $300 on the Ist of each
month afterward was offered In evidence, and an
other enclosing two checks for £06 each In which
the defendant, it was alleged, paid he had given
II - •> to the plaintiff after the agreement.
One of her counsel called the attention of Judge
Beabury to the filing of an affidavit that a witness
the defence wanted to call was sick, and
would be confined to her bed for ten days. There
were insinuations that Mr. Hummel did not desire
the witness called, and both lawyers were admon
ished by the court in the discussion that followed.
A Sheriff's attachment for the witness had been ob
tained and the court decided that a Sheriffs of
ficer should remain with the witness until the
court could determine her ability to respond to the
"TAB AND FFATHFRS" CABB UP.
PROMINENT CITIZENS OF MARION, MAS?. ON
TRIAL FOR ASSAULT.
Plymouth, Mass.. Nov. 24.— The "tar and feathers*
case, which last August attracted attention to the
little town of Marion, in Plymouth County, came
to trial in the criminal session of the Superior
Court here to-dry, and a larger crowd never had
assembled at this court house for a trial than was
present when the case was called.
The case came to the Superior Court from th-»
District Court. In which the defendants were bound
over on the charge of "riotously assembling for
the disturbance of th- peace and assaulting and
111-treating James McDonald and Clara F. Potter.
wife of Charles Potter."
At the trial to-day Judge R. O. Harris presided.
District Attorney Asa P. French, with his assist
ant. R. W. Nutter, was In charge of the common
wealth's side, while J. W. Cummlngs. of Fall
River, appeared for the accused men, Joseph
Bllva, Owen K. Bumpus, Ob.ier Andrews, Noble K.
Bates. Andrew H. Glfford. Hector D. McLeod and
William Potter, seven prominent residents of th<>
town of Marion. Two defendants named Brigs:*
were not present when the case was called to-day
and capiases were issued for them The other
seven defendants pleaded "not guilty" to the charge
of "riotous assault " Counsel for the defendants
moved that the Indictment be quashed on the
ground that the word "unlawful" did not set forth
any intent in the case. Judge Harris overruled the
motion an/1 the government then Impanelled a
jury and presented a summary of the case.
MOLINEVI WRITING EXPERTS AT ODDS.
THE CONTENTION IS OVER THE PAYMENT OF
FEES IN THE SECOND TRIAL
Nutley. N. J.. Nov. 24 (Special).— Two of the hand
writing experts who were prominent in the Moli
neux case are at odds over the payment of the
fees for the second trial. They are William J.
Kinsley, of this town, and Daniel T. Ames. Kin
sley succeeded Ames when the latter went to Cali
fornia about five years a^o. and purchased Ames's
business, thereby succeeding, he says, to th* sole
rights, with the understanding that Ames was
thereafter not to continue, In or to seek business in
-York or vicinity.
Mrs. Kinsley, when seen yesterday, said that
there was a supplemental agreement to that ef
fect, with the alternative that if Mr. Ames ventured
into his former territory he should divide the fees.
Mr. Kinsley further said that his former associate
«lid not leave the Kast for a year after he pur
chased his interest for several thousand dollars.
Kinsley has Informed Controller Grout of New-
York of his claim. The amount in question Is I1.0.H)
for twenty-one days or at the rate of £*) a day
Kinsley says he will endeavor to settle the case
without resorting to legal proceedings.
VETERANS MEET WITH GEN. MOLINEUX.
At the home of General Edward L. Mollneux. No.
117 Fort Greene Place. Brooklyn, last night, there
was a reunion of the veterans of the 159 th New-
York Volunteer Regiment, of which the general
was the first commander. The survivers of the
regiment turned out In full force to greet their old
friend and congratulate him on the acquittal of
his son, Roland B. Moltnt-ux, who is an honorary
member of the organisation. The affair was en
WHY snf TH FIFI.h I.< \EEDED.
ALUMNI SAY IT SHOULD RB TUB SITE OF A COL
LEGE HALL AND DORMITORIES.
What use Columbia expects to make of South
Field when it is bought by the university was Indi
cated yesterday In the annual report of the alumni
association. The report says m part:
South FlaM, not as an athletic field, hut as the
site for Columbia College, with an ample and dig
nified college hall, with dormitories and other ap
propriate buildings. forms the basts of th* new
appeal of the president to the friends of Colum
bia and to those who are Interested In it as one
of the enlightening Influences of the city. A quick
response has been forthcoming. With the danger
Imminent that the field would be otherwise disposed
Of and so forever lost to Columbia, the opportunity
of saving It has been secured through the interven
tion of generous well wisher* of the university. In
June last friends of the university contracted to
buy the field from the New- York Hospital, and.
according to their formal offer to the trustees,
being desirous that Columbia should acquire the
property, they have given to the trustees the option
to take' over th« purchase on or before October 1.
1903. ... To avail of the offer the corporation
must raise approximately $2,000,000 within the next
few months, and should raise, say, JGOft.flfltt. more
for a college hall, the first of the new buildings to
be erected. . .
JAYS JUNK2IEX MAKE CRIXIXAZB.
JUSTICES MATER AND OLMSTED TELI,
CHARITY WORKERS OF THE SUCCESS
OF THE CHILDREN COURT.
The Children's Court, which ha 3 been in opera
tion in this city for three months, was pronounced
a practical and thorough success last night hv
Justice Wlllard H. Olmsted and Justice Jmi aa v.
Mayer, who have been In charge of th» court
since its Institution. The magistrates gave their
opinion and reasons before 150 workers in th
various charity organizations of the city at *
meeting of the Monday Night Club, held in th a
assembly room of the United Charities Build™,
Twenty-second-st. and Ma.lison-ave.
Justice Mayer made a bitter attack upon th.
Junkmen of New-York. "They are rwSwrtW,
for 54) per cent of the child criminals of the city -
he said, "and you charity workers must h»ln L
run them down." "
According to statistics compiled by Magistrate
Olmsted. who presided over the Children's our !
for the first two months of its existence the bu-rt
ness of the court will probably average eight thoT
sand cases a year. Not all of this number win be
criminal cases, but are such as would have com*
into the regular magistrates' courts under the oM
way of doing things. With the segregation «f
children under fifteen from older person? Vha~?£
with crime, the number of commitment wfn £f
materially less, because the judges can give
to Investigate the cases. g c tim «
♦K ln wo m ? nths which Judge Olmsted sen.-,*
the Children's Court 1.265 cases were brought hi
fore him-. Of these it was necessary to rv J£l
than a thousand, with 612 convictions rcsultL i?
was necessary to send ISO or these, or onhTonl!
seventh, to some institution for ™™& ™*
punishment. '^-uon and
Many young men and boys over sixteen year,
gave their ages as several years younger that tVv
might get before the Children's Court.' Most o *
wi M <letectwl and sent to the cou , of
Justice Mayer was serious when he. made to
charge against the junk men. c B "
"These dealers in junk make more boy •rminii,
than any other cause." he said. "They tell |f« •
boys the value of lead pipe and of brassl " TW
even give them hammers and show them whit.
they can steal metal of value. It is an organilli
business, and we are going to get after th* £«
wti'i are responsible for it." • • mea
THE POPE'S HEALTH DRUSE.
ARCHBISHOP FARLEY. AT ST. GABRIEL'S E3CEP
TION. TELLS OF HIS TALK WITH
Th» Alumni Association of Sr. Gabriel's School
of th- church of that name, gave a reception and
banquet for Archbishop Farley at the Park Avenui
Hotel last night. The room was decked in tfcs
pa->al colors twined with the Stars and Stripes.
Among those present were the Rev. Dr. Dennis J.
McMabon, pastor of the Church of the Epiphany;
the Rev. M. J. Lavelle. of the Cathedral. Monslgn^r
Mooney. vicar general of the diocese; the Rev.
James Drtscoll, h-»ad of the seminary at Dun-.
woodie: ex-Assistant District Attorney -neliu*
F. Collins. ex-Correction Commissioner Lantry.
Matthew P. Ryan. ex-Asststant Corporation Coun
sel Thomas P. Donohue.
Civil Justice Daniel V. Martin prepMed. He pall
a tribute to th« guest of the evening, who, for
years, was pastor of St. Gabriel's parish.
"This is one of the proudest moments el my
priesthood," the* Archbishop saM, in reply, "to S e»
here crystallized a hope which I have long cher
ished, an.l which everyone who has thf rl?;ht idea
of Catholic education must nourish. The projec
tion of the alumni idea has b»en d«ar to n», an>l
I said that we could bring together as r^rreser.
t;ttivf a body of men as any university in the
"My next most proud honor was when I spoke to
our mot>t beloved sovereign pontiff— may h« b*
spared to see another score of years! I told him
of New-York and of Catholic education here. a:vl
he a^ked me why ! seemed so familiar with it. I
said to him. "I am part ol thnt system: I have.
attached to mv church aim the largest school
In the city. We havp seventeen himdr*"! pupil*, for
whoso maintenance our people freely pay $15,600
"His eye kindled, and be said. "Carry back to the
people of St. Gabriel's"— tie had cnuirht th* name—
'the benediction of the vicar ot" <'nri->'. an>l that I
hope that God will pour a blessing on every child
that attends your school The hope of ths> Church
is in your grand country, which is for u-. ii the
Old World, a mod.; for many things.' '
During: the twenty-rive minutes I wa? tn!kins
to him about education he seemed to be a!! eyes
and ears. He ne -er spoke until I bad finished.
Then he cross-examined me •: a manner such as
would have done credit to any one of our efev»r
New-York lawyers— this from a man of ninety-two
Picking up from the table a beautiful cro?s. fc*
gave it to me. and I firmly believe that what I
said about education must have won th* cross for
Not to detain you lonser. I shall take the privi
lege out of the hands of your chairman. anJ ask
you ir> drink with me the health of one of tha
greatest Popes that has ever lived.
Th-> health of the Pope was drunk standing.
Other speaker* wera the Rev. Fra - M Fagan.
who ridiculed the cry that th» Catholic school |a
tampering wit v i Arreric.in liberty: Stephen J.
O'Hare. ex-Assistant District Attorney, who spokq
to the toast "The City of New- York. ""arvi tha Rev.
Michael J. Ctmsidine. who spok< on "The His
ROBBERS GIVE TH -
COMCBAMD tn woods. ovnr.HEARD rouen
Attleboro. Mass., Nov. 51— Two men suspected of
robbery who had hidden ia the woods an>l who.
while concealed to-day overheard a discussion of
plans for their capture, feeling that they could no;
escape, gave themselves- up to their pursuers. Th?>"
are George Chamillard and Arthur Chase, ami after
a hearing, at which they pleaded not guilty, ami
were bald in $1.0»» each for to* grand jury, they
expressed a willingness to show the police where
the stolen good? could be found. They l?tl th a
officers to a. locality known as "Dead Swamp."
where the quantity of stolen goods found leads tha
police to believe that the apprehension of Chamil
lard and Chase solves the mystery of many rob
beries In this section.
For i week the police hay* been flogging the trail
Of the men. who were considered dangerous «nii
who were hiding In the woods. Pot two days tn-»
men had been surrounded and to-day, when con
cealed, not more than fifty feel away, they heart
the officers arrange plans for closing in on them.
Convinced that escape was impossible. Chanullara
and Chase appeared and surrendered
They were arraigned to-day on four charges eacn.
three of breaking and entering at West MansneM.
Cbartley and East Norton, and also for con
LAST BMMRANO BASKET WEAI
INDIAN WOMAN WAS 107 TEARS OLD— TRIBE *VA3
FORMERLY TOWERFIL ON THE COAST.
San Bernardino. Cal,. Nov. :t -Marie Catalina.
last of the famous Serrano Indian basket weaver^.
is dead. She was 1"7 years old, bavins *>■?"" J*™
twenty-one yean after the first settlement of this
valley by the Franciscans. The SerraoaUrWfi
formerly the most powerful on the co £?,JJ?£IT „,
the San Bernardino Mountain?, has « Iwina ,'^ "
fifty-seven, all of whom are. guver:>mi-r.t pensiuur«
ARMY A\D YtlV OKDEK&
Washington. Kov. 2t Tl
navy orders have been isa
Kir., Ue^aal .•.kanv.i.i.k .i ■ h xp ?
fantrx. M traasfwnd ttw
First Ueut-nant CARL A MARTIN. 25th Ir.fant.,.
asslnne.l to Company B. ,
The following volunteer »™**J?»i?£^ "^-f* J«nl %«
FblltWlne* are . hon. - y '»»' h » rs /Jj,x n HERE
JONES. Captain IRA AVER. )BAR cav:*^
MVRRAT, ' aptHin Tl Ml
MILTON VAIOHAN •■•ptain
A^N- J C "nLM-K H rapVa;n SaßOl£^ VOKFIN.
ra^ln HARRY A. EBBBW and Captain IB* *•
T^ISS transfer, -^^'^^^
JONES. Jr.; from lh« Jtb '.W»«J»il ft iJ^l t£» ««»
F,rJ i ui.«Jenam 1.11-: 8.-.MEl .11-: B.-.ME S ™%™^?&*%
geon. Is r.>ltev*.i from <:«ty at "f * r "7 JUNCR
anrt wIS then K^ to ?**>*>* ■«•
proceed to Kort Rlley.
miLMSSjn CHI | MSI F. H. SHERMAN, to *"*
Lieutenant l^. H. rALDWELL. **J«^lSS lI KS oM£
Holland: to the Minneapolis ta™**"^ *h«a
out the Maine, and to duty on board that %#-*"
Equipment. VARNfM (retire,!,. «««J^^=££2 «
Equipment. Navy Department. «o the *.m "V
executive. oHlcer. »t«rt-
Asslstant Pavmastsr O. R. MADDEN, detached the A'»«
to Asiatic Station. ■ „„.___
Assistant Sur«eon B. T. JSNNERS. appoints* J*W«"!