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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, November 30, 1904, Image 5

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KILLS EICxHT HOUR UW
COUBT OF APPEALS ACTS.
Labor Larc UneonstitutiGnal-^ud^
Hugh* Alone Dissents.
action of th« People c* _ yor^ the Court
a*:. ControlU-r Grout o» ',-titutional Chapter
or Appeal- declared '«*£ -"^ u«). wll w-h
415 of m. Law- ... ■'■ - employing his n.en
prohibits a contractor fr^ city , county or
:r .or* Uiar.eW.tb «™*^> ineot in 1897 this
State W *■ *>»« '^nunually before tho
statute ha- been -"■' b^ a pasSed on . but
courts. Other '" !a ,. a( lhe court of Appeals
tfej. ieth nT; t sTi^atlyontheel lHhour
bas expressed fw.r' c
provision. v.^i--t by Harry Cossey to
The action »« bttijM ( , „f New-Tort of
...nrrfp.yn-.ent h> i» . ,i re d for the
lO c^ni , 'w,«rtn,.r-.. Payment was re-
Mreet Canit. DU lhe
' USeC Th s!ont?act in employing W. men more
I^mC a day. Cossey did not deny
S^btfhLld that the law «• unconstitutional.
.b!*. Court of Appeals reverses the lower courts
£ £n« ** appellant's application thou
£££££ 0" the oxgumenu advanced by hi.
' V j.,-0 Haight alone dissenting, the court
f . ,es atTthl. conclusion, but by different
roate-. Judges O-Brten Martin and Vanu hold
v at the i*« le uncoDßtltutional in that it de
!)! )r Kes v individual „. prop without duo
:,oc:e,e sf law. Chi*l Jud S e Culler, with Judge
Werner concurriilk. bases hto opiuion a. to the
ia-.vs unconstitutlonality on the result In the
;:. SS o IS case, miking the decision -ne of piece.
dent Cniet Judg« Cullen take, the ground that
we prlndple involved in this cas« is precisely
to tl at to the action the People ex rel
Rosen agu Coier. rh« latter was the earliest
„*& that arct- under tiie labor law. and in de
ciding f.e couiis held thai the statute was. un
insUtutiorai in fai as it involves the "pre
i-allins raie oS «vaiea." judffE Cullen says, cum
partnc Hie tw ■> ase ' :
'-his different c in circumstances would not
tnimy a disUncUon In principle, and therefore
[he aecJson in UM ttogera case must control the
i no<itiOH of tne j.iest-ni use uniess ; lie Kogers
S« iia's been overthrown by subs-equent ca»es
in this ~coui i or In the . ipremfi Court oi the
\Jniu-a .^tatei.
The rert of his opinion is devoted to a dls
cufsion of the oth'-r cases under the labor law,
from which he holds that the conclusion in tha
p.ogers case stands and applies In the action
undpr discussion. In bis conclusion the chief
judge says:
I fear that the many outrages of labor organ
izations or at iuic ci their members, have not.
only excited jus; indignation, but at times have
frightened courts Into plain legal inconsistencies
and mt<-> th« enunciation of doctrines which, if
asbeit^d in litigations arising under any other
subject than labor legislation, would meet scant
com tesv <>r ronsideriitior. ...
The decision about to be made can therefore,
stand only on unr ground, the unconstitutional
Interference of the legislature with the right of
the municipality. That proposition having been
explicitly decided In th" Rogers case, 1 ieel it
my duty to follow it. regardless of my own opin
ion on the Question.
.Tudse O'Brien says:
ounds upon which the Rogers
caM rests Is that the s'.^tute there considered
end no : ■. . red the contractor of
hi? propertj without due process of law, and
lei .iud>r>. as I understand the
:. asserts that this ground has been en
fay by the case of Atkins a^t.
, the United States Supreme
a of a contractor for
i! law of that .State. I .]o
■ „ii view. In my opinion, the
acs noi decide or Bweep away
la th- Rogers <-ase, and sh
. this cJtsc namely, that the statute In
Btltution of the State
i elator in this oase. as it
• . t, of his i mj^rty without
law.
In his d;?sentin£ opinion Judge Haight holds
that the constitutionality of tho law can be
sustained by the fact that it Ls a police regula
tion in th< 1 Interest of public health and mo
rality.
WILL SAVE CITY MICH.
L. Laflin Kellogg Pleased with
Labor Laic Decision.
Th« decision which was handed down by the
Court of Appeals :U Albany yesterday upholding
tilt contention that the Eight Hour Labor law was
unconstitutional is declared ta be of vast im
portance. It is the fourth decision of the Court of
Appeal? askbut the law. which was t'irnt spread on
the statute books ljy the labor union element in
3105. and which v.ad amended i:: UR and signed
by Theodore Roosevelt as Governor. Every do
'i.«ion has been against the law, and the attorneys
v.ho have 'been lighting it declare that this de
cision practically nullifies it,
The tirst decision against this law declared that
the rectior. requiring contractors for State or
municipal work to pay tn« prevailing wage rales
v.;iF unconstitutional. The t-econd decision lopped
off that portion which made it compulsory for con
tractors to use ston.> cut in New-York State. The
third decision was that it was unconstitutional to
make i; a crime to work employes more than
<-'.Eht hours.
in dtocusslng the case, l. L afl j a Kellogs, who
has oonductea most of the fights ag.-iinst th« bill
wl.ni seer, by a Tribune reporter ai his home. No.
*3 West Seventh th-si, last night, said:
vilion ™ i il°^f 11 ™ n M. lhat tho eight-hour pro
c©nir a all* public contracts, requiring the
SSEfffi, 1 ? V " rk t! ", lr P6OP 60 not "ore than eight
irVJH thlh ;» lav V a ,lo, lon S Umf -- and naturally
'he ciiy^- '%" iae | lnaJ su ccess. For some time
a ««jS?ofc^« ei tei ns ; thls E! « ht Hour law
■"■ropaVd"; ,' ■ , n l . • Sw J? B of contracts have beea
:r '8 work «J nls sround. eaijedallv in Btreet pav
wjLSSi' contracts i:i The Bronx. Th«
r*red the av^ .V o "'''^"!'- for iMtance, has suf-
).CM ••° 8/> ' 01 contracts worth mo ■ than
6treet'cie^L It?I t?r rl ' Cossey contracted with
•1 2 COSt Of^2s L r" ;JrttilP!! t0 b:j "^ fi\e SCOWS
: s*y were ac^te', i le ,-/5S l?l ?5 let « d tl)e Bco *-"- all<l
about to l« naM , > lh< - irtment. He wan
Jiat be ha<t ma?k'»??? n BOva1 ' °" c made complaint
5»» that gfttKSci&iSi? '-" ore than eJ*bt hours
for the scows T Ht*V. c lv ?"»"* rej ised to pay
The Controil/r 1 'Y,?"t^.. I department kepi them
Jo panaent by disri ". , ll? i \ aa forfeited hi« ri,;;.;
rhecase Cm «Sfn"S - c -igl.t-hour ■ laus4
■»t«te« in Vern <« M. Davts
!i i"sr. thf. co-.«tlt.-ti«. ii »" did not cars to pass
-hat it *£$£ VtFZgPg ljt i h " clause, * R \i,. s
-■ such a i-... ' "£L Oi ? ]u/3?o t( > decide for O!
Wore the Courl '; . i n -' e f> . 11 < = afi « «« tinall* brought
'£ the result. °* A •■'!- and to-day V decisicj
m
The praetor,
- w.j,». th ,. c , •■'■ out: they demand
-. «,.;,■•: f ,'r >'tt a '*s irtth m. h- ,< '"1* u^» a work
HDM VAFOIB MOT phased NEOSO.
Iw M* W^iii Bec MS , of Qu arre i in
Afleatre Gallery.
;/■'/;'■ ro r... T , ;ifj . .
„ SSaf g P*rk Theatre la«t night
»« men w^re J- n V" a "-,, rlot - ta which
only by r.-nir »".,. ■"' a •fro fs.- a; ,eri lynchin X
tin be .^" v} * t*um«t B , nd b ' ir^ con
w ■ssa'lSrSfSS? p^t«tion:
U)4 -r b ,-. lh " Ball«rjr of the theatre
; ">™ a^ th THIt. bor, on. £335
«n^of t.^ Whlt« tZ *" struck In ii... twee hv
j«" «rik:n ? V ■ rlv ft« crowd, th*. V,-,n
■ r « ■ -niKar. l, ti ,
ATTACKS EDISON IN SI IT.
Gramophone Company Wants Re
ceiver for Other Concerns.^
Trenton. M. .1.. Nov. 20 (Special)'.— Application for
a receiver tor companies organized by Thomas A.
Bdtaoa. engaged In the manufacture of phono
graphs, was made to-day In Chancery by the In
ternational Gramophone Company. It is alleged in
the I'll that in March; ISOO, the complainant coi
poration and Edison entered into an agreement
by which the International Company was created,
and th« contract provided for the management of
the affairs of the United Phonograph Company ajvl
the Edleon Phonograph works, the complainant to
share al! benefits enjoyed by stockholder 3 of ths
absorbed company. The agreement further stipu
lated that Edison .should secure the resignation of,
two of the director! of the Edison Phonograph
works, and In their stead the International Gramo
j'li.>;.e Company was to name two members. This
board was to be composed of five directors, and the
uther three were to be named by Edison
The bill compliment* Edison's business foresight.
a.nd th»-n says that In ISM he realised there was
to be a big demand for phonographs, and that.
acting upon this realisation he fraudulently con
ceived the plan to form the National Phonograph
Company, to which should be diverted the profits
belonging to the Edison Phonograph Works. It
is charged that tho Edison Works supplied the
National company frith phonograph* and supplies
at a much lower rat* than be did tho other com
panies of tho Inlernational concern. In conclu
.-int.. the bill states that the complainants have
been unable to secure a. satisfactory accounting.
and an order is wanted to compel this and to
prevent the Edison company from destroying book*
of account and from further diverting profits.'
William B. Gilmorp. general manager of the
Edison Phonograph Works, said to-night: :
Wo ar« willing. in justice to all the stockholders,
to nllow them to come In and see what we are
doing. We have been paying dividends for the
last five years, nnrl we are not saying a word. Mr.
Edison Is going: to give them all a fight. After the
papers are served and we know exactly what tho
complainants allege, we may he In a position to
make a detailed statement. At the present time, all
that we care to say is that wo shall see the thing:
through to a finish'
FVSUIMI HERE TO-DAY.
Visits Bethlehem Steel Works— Mr.
Schzcab's Guest.
Prince Fuphlml, member of th* royal family of
Japan, who has been visiting the St. Louis Exposi
tion as the personal envoy of the Mikado, will ar
rive in this city to-day in the private car of
Charles M. Schwab. The prince, as the guest of
Mr. Schwab, will stop at Bethlehem earlier In the.
day, where the party will inspect the Bethlehem
Steel Works. His highness will be met on his ar
rival in this city by a delegation of his compatriots,
including Baron Kar.eko. formerly a member of tho
Japanese Cabinet, and Consul General LJchlda, who
will escort the royal visitor to the St. Regis Hotel,
where ho is to 6tay while in this city.
Since the arrival of Prince Fushimi in the United
States, he has been most warmly welcomed in sev
eral cities, his stay being a series of banquets and
receptions, which will continue during his sojourn
in New-York. His Itinerary, as thus far laid out,
Includes a luncheon in his honor at the Chamber of
Commerce to-morrow, and a dinner by Mayor MM 1 '-
Clellan on December" 10. On Friday the Prince will
go to Boston, where he will be entertained at din
ner by Governor Bates. According to present ar
rangements Prince Fushiml Is expected to return to
this city on Monday, remaining then until Decem
ber 13. when he starts on his homeward journey,
going by way of San Francisco.
Mr. Schwab took an early train for Philadelphia
last night to meet Prince Fushimi. Mr. Schwab
said yesterday that there was no particular sig
nificance in the trip of the Prince to Bethlehem,
other than the acceptance of a courtesy which ho
extended the Prince.
It was reported that the Prince was Interested In
several 6-inch rapid tire guns and armor plate mado
at the liethlehem Steel Works. The entire day will
be given to the inspection.
Baron Kaneko and Consul General Uchida will go
to Philadelphia this morning to meet the Prinoe
and accompany him to this city. On arriving here
the party will go to the Hotel St. Regis, where the
state suite h:is been reserved for it.
The state suite consists of five rooms and a bath.
The library '- on a Filth-aye. and Fifty-flfth-st.
corner, with the dining room Immediately back of
it on the Flfty-flfth-st. side of the hotel. The par
lor and the bedroom of the Prince are on the Kii'th
ave. front.
Baron Kaneko. who .is stiylng at the Holland
House, was unable last evening to forecast in '.« tail
the programme that will govern the time of the
Pilnce while here in New- York.
HARRIMAN BUYS DAISY FARM.
To Add 195 Acres to Hh Estate in Orange
County.
IBT TBLBORAPH TO THK T1UBIM: 1
Mlddletown, X. V., Nov 20. — E. H. Harriman has
Just purchased from the heirs of Isaac H. Thomp
acres of land In the town of Monroe, Orange
County. This tract of land Is one of the best dairy
farms In tho county, ar:'! adjoins Mr. Harriman's
estate of more than three thousand nores, near
Arden. it i? said that Mr. Harriman will now en
l.irgo hj s dairy, which is already one. of tho flnest
in tho State.
DECISION HAS IMPORTANT BEARING.
Highway Commissioner Not Responsible for
Lack of Bridge Guard Rails.
r BY TEI.K>;P.APH TO THIJ RIBCXB.]
Uiddletown, N.T., Nov. 29.— Tho Appellate Division
of the Supreme Court. Third Judicial Department.
has rendered a decision which la of Importance to
every town In the Stnte. Hiss Blisa B. Mack, of
the town of Shawangunk, while returning from a
party on the night of February 4. 1903. drove off the
side of a bridge on which it is declared there wf-re
• Kuanl rails. Sh« sustained Injuries, and on
suing tho town of Shuwang'irik received a verdict of
15,000. Th's \eroict th« trial court r<-fu«.-d to set
aside, an.l ar. appeal was taken to the Appellate
Division, which unanimously reversou the judgmenv
<■' 15,080.
The (ourt holds that if a person driving at night
along n highway which le practically ntraight goes
off a bridge srl Ich is \Z feel wide and only 9 fe<«t
between abutments the Commissioner of Highway
cannot be h«!<i to be guilty of negligence In not
having guard rails on either oide of the bridge, and
the person Injured by falling from the bridge cannot
damages against the town.
LABOK AGENT DUPED AMERICANS
Promised Good Positions in Guatemala —
. Only Work Was on Railroad at $1 a Day.
IBY TEI.KGHAPH TO THE TBTBCmi I
Mobile Nov, 9.— News has been received her*»
that thirty-seven American engineers, machinist!*
and mechanics who went to Porto Barrios, Guate
mala, to get work and who were promised work at
their trades by a New-Orleans labor agent, recently
walked from Porto Uarrlos to Guatemala City, a
distance or 210 miles, because work at their trades
was not forthcoming. and they found they were
wanted to work on a railroad at $1 a day.
Thirty cents of this li was deducted for boar-'. The
men had been promised good positions by the labor
agents. They went to Porto Barrios forty strong.
When they arrived they found the only work they
could tret was on the railroad. Three of the forty
went to work on the road and the remaining thirty
seven started out from Porto Harriott to walk tho
210 miles to Guatemala city.
DOCTOR KELPS WIFE TO DIVORCE.
Zscorts Her to South Dakota, Where She
Must Live Six Months to Obtain Decree.
lUverhe.-uI. Long Island. Nov. . 29.- -IV. Albert E.
Payne baa placed his father and mother in charge
of his home b«re. put his practice, one of the best
In Rlverhearl. in i barge or other i>hy6i?iuns, and In
now on his way .across the country, acting as
escort to his wife, who i« on her way to South Da
kota to obtain ;. divorce from him. After install
ing Mrs. Payne In South Dakota. th» doctor will
return here and resume hie practice. Mrs. Payne
re ,'-t remaJn six months in South Dakota, in order
to establish her residence, and if hhe obtains the
divorce. It 1c believed that the doctor will escort
her home.
The couple appear to have agreed that they ha. l I
\*-fl separate while their difference* are triv- I
I*l. rathT than wait for tium to grow to a stage
■where there would b« bJ'.tern* ss. Th«- <o 'or and
Mr*. Payne left Jtiverhca-i on the early mfirnlnjr j
ff.in -•.;,.;.!„•,, and are .•■"•- d> well un their v.a. ]
V. ■ •
NEW- YORK DAILY TRIBUTE, WEDNESDAY. XOVEMBEK 30. 1904.
DENIAL FROM CARNEGIE.
KNOWS NAUGHT OF CHECK
Police Probe Report That Mrs.
Chadtvick Had Committed Suicide.
With a positive assertion, made apparently by
counsel on both sides, that the name of Andrew
Carnegie appeared as maker of Mrs. Cajsie L. Chad-
Wick's KOt.OOO note, follow «d closely by an equally
Positive 'denial from Mr Carnegie that he even
knew the women, yesterday saw the introduction
or entirely new and somewhat unexpected feature*
Into the strange Chadwick cose.
As th« result of a conference late on Monday
Bight, the receivership proceedings which were to
be be.gun in Cleveland yesterday were deferred until
Friday, There la to bo another conference to
morrow.
Meanwhile. Mrs. Chad wick remains in seclusion
at the Holland House, under the surveillance of
Pinkerton detectives, and there are dark rumors
of graver proceedings in prospect should the Car
negie signature prove to have been forged.
George E. Kyall. counsel for Herbert Newton,
who Is suing Mrs. Chadwick for moneys lent on
promissory notes, told a Tribune reporter that not
only his client, but Judge John Albaugh. of Mrs.
Chadwick's counsel, also, declared that the nam« of
Andrew Carnegie appeared as the maker of a not*
for 1600,000 deposited by Mrs. Chadwick as collateral
for .1 loan from the Citizens" National Bank of
Oberlin. Ohio, which failed on Monday.
At Mr. Carnegie's house later in the evening the
reporter was told that "Mr. CaraecU has read of
th« report. lie pronounces it absurd. Mr Car
negie dots not know the woman at all."
At his office, at No. 309 Broadway. Mr. Ryall
told of tho conference held by Mr. Newton. Percy
W. Carver, his Boston attorney; Judge Albaugh. of
Canton, and himself.
"During this conference," said Mr. Ryall. "Judge
Albaugh made a request that the receivership pro
ceedings to be brought against his client be de
ferred until Friday, explaining that her affairs
would then be in some kind of shape. He said ho
believed Mrs. Chadwick would be able to settle
In full.
"Mr. Newton said that he had seen *. note for
1500,000 on which the name of Andrew Carnegie or
A. Carnegie appeared as the maker. Th» note, ho
said, had been given by Mrs. Chadwick as collat
eral for a ban from the Citizens' National Bank
of Oberlin. Judge Albaush also said that he had
seen such a note."
"But Mr. Carnegie dent »s It." Interposed the
reporter.
"If it is not Mr. Carne^ie/a signature," said Mr.
Ryall, "then it is a forgery. Although I have al
ready begun two suits in the Supreme Court against
Mrs. Chadwick In behalf of Mr. Newton, one on a
note for 190,800, I don't believe there is any Inten
tion to press the suit here now. in view of the
Ohio developments."
Mr. Ryall said he- did not place, any great
credence In the report that Mrs. Chadwick and
Mine. Lydia Do Vere were one and the same per
son.
"1 visited her In town." said Mr. Ryall. Tin i she
had none of Mme. De. Vere's reputed hypnotic
powers that I could see. I found her a very pleas
ant woman.
"It was the understanding last night." said Mr.
Ryall, "that .Mrs. Chadwick would settle a largo
part of Mr. Newton's claim in cash and give securi
ty for the balance."
While all callers at the hotel yesterday were
again told that Mrs. Chadwick had left, two detec
tives l<arr.od th.it she was still In her suite, and in
constant communication with Judge Albaugh, her
attorney. Judge Albaugh could not be found las,
night, however. Mr. Ryall declaring that he had
left the city for Canton on the Kmplre State ex
press.
There was oxcltement about the Holland Houso
Into last night when Captain Cottrell aiid Detective
Brennan, of the West Thlrtieth-st. station, and
Assistant District Attorney Krotel hurried into the
hostlery and askod If Mr=. Chadwick had <'.m
mitted suicide. Captain Cottrell said the managers
sent upstairs to find out If there was any truth i
the report, and afterward assured him there was
n>'Mp. The hotel authorities have denied that Mrs.
Chadwick Is living there.
The num.! came, it was said, from a Cleveland
dlei itch, which said there was a report there that
Mrs. Chadwick had committed suicide. The hotel
v.:»s asked f or Information, and then the coroners'
offl <■ and rot Captain Cottrell hoard of II He
and Mr. Kr^tel and Detective Brennan ru.-,hp<l to
the if. .Hand House. The clerks dentod the report.
id no Buch Incident had taken place In the
< '..plain Cottrell and Assistant District At
torney Krotel insisted on seeing the manager, and
they were told he was out. They said they would
wait, and they did.
Managers Harriman and Bowman soon entered,
and Captain Cottrell a*kod them if the rumor was
true. Captain CottreD declares that the managers
sent upstairs. ,
•They told me there w:i-; no on« in the room, he
Bald. ''That she %vas out."
H.. s;iid ho could I."! determine whether tho
woman was there or not, and did not seek to do
that, but was tryins to ascertain if there had been
a suicide
imVT NAME SIGNER.
\Caner Doesn't Deny Note Bore
Carnegie* Signature.
Boston, Kov. 89.- Herbert D. Newton, of Brook
' line. th. plaintiff in the suit against Mrs Cassis
l l* Chadwick, refused to-night to discuss the case
In ai\v phase, bin referr d inquirers to his counsel,
Percy W. Carver. At his homo i:. Xowton to
night Mr. Carver f-aid that important developments
i:i the nra of Mrs Chadwick wei> expected within
a few days. Referring particularly to the note for
s,>i. ijtfi «.aIU '■ > have imnn signed with tne name
of Andrew Carnegie, Mr. Carver said:
In Mr Newton's 1)111 of complaint, whit h Ims
been hied In the suit agulns* Mrs. Chadwick. Mr.
Newton alleges that a-> an inducement for him to
loan Mrs Chadwick $190,800 Mrs. Chadwick showed
him "a note for $suf>.ooi>. which was signed by a
man whom Mr. Newton bellevc-d to be fully rr
sponslble as one who could stand b hind such a
loan as wiii 1 requested. I prefer not to state what
name wa* signed to this note, but you can say
that we <io not contradict the statement that th.>
note bore the signature of Andrew Caraegls.
Mr. Carver, who spent the day in this city, said
that ho wns In telephonic, communication to-day
with Mr. Ryall. th.. New-York lawyer who has
been handling Mr. Newton's ca«e In thai city on
th'> subject of the suit. He said that tho conver
sation did not develop anything of moment. Mr.
Carver added that Mr Carnegie's repudiation of
the note for JuU>.<XK) was not at all unexpected. He
declared that the poptponemen' of the hearing In
the cas« until Thursday at Cleveland was brought
about at his request owing to the unexpected feat
ure In the case arising- from the failure of th.
Citizens" National Bark at Oberlin. Ohio, which is
said to have held notes of Mrs. Chadwick
•It i? quite possible," said Mr Carver, "thai
the securities held by this bank are genuine, In
which event our chances for recovering the money
which Mr Newton loaned to Mrs. Chadwick will
be very much Improved, it will show, moreover,
that 'he woman Is not an impostor."
Mr. Carver declared that Mr?. Chadwick was
actually m.i> ••■•■h Bl the Holland House, New-York
City, reports t the contran notwithstanding. Ha
salti that he did noi know of any prospect that th^
rase WOUld be settled out of court.
H. J. Conn, Mr Newton's business associate
who bs repr sen ted him In connection with tl>>
' hadwlck transactions, said with reference to the
note foi {£00,000 whl h figures In the case:
I nave not seen the paper, but my underntandlng
is that it t,«,re the signature oi Andrew Carnegie
;.MU w;is Indorsed by the president and treasurer of j
ili. Citizens National ii.mk. of oberlin, Ohio, it
i-* my understanding that the note h< :-..it uue
until January 8, IS '
Mr. Conn baa been in ClevelanJ twice teeently In
connection with Mr. Newton's Buit,
o( n. cas< were furnished to
night bj one legally Identified with the present
Utigatlon. By this person It was said that Mr.
New ton's loan of $190,800 to Mrs. Chadwick wo*
wade purely as a business proposition. He con
tinued:
. Mr. Newton's Judgment, it will be alleged, was
•nituenced by the certificate of Irl Reynolds, secre
tary and treasurer of the Wade Park Hanking
J-vHipany. of Cleveland, that he held securities be
longing to Mrs. Chadwick to the value of *o.(W0.000,
A note for $500,000, bearing as Its signature the name
of "Andrew Carnegie. " was offered as evidence that
•Mrs. chadwick'a credit was unimpeachable. Mrs.
''hadwlck. in explanation of the possession of this
note, said that on one of his trips to Scotland Mr.
Carnegie carried with him a block of her Cale
donian Hallway stock., which she desired him to
dispose of to tnc best advantage on the other side
of the Atlantic. In lieu of the. receipt for the
stock. Mr. Carnegie, Mrs. Chadwick explained,
gave her his note lor JSv>.ooO.
On November - 12. It was paid, a conference
was held In New-York between counsel for
Mr. Newton, counsel for Mrs. Chadwick and
•Mrs. Chadwick herself. On the same Uato
two suits were entered in the New-York courts
in Mr. Newton's behalf for the purpose of subject
ing Mrs. Chadwick to an examination under oatn
in a. supplementary process for the purpose of
learning exactly what wars the securities which
she allege* are. held in trust by Mr. Reynolds.
The conference between Mrs. Chadwick and th» at
torneys was an extended or,e. lasting from 11:30
o'clock in the forenoon until nearly midnight. It
resulted in Mr?. Chadwick signing an assignment
of the securities held tor her by Mr. Reynolds.
Mrs, Chadwick had Informed Mr. Newton's counsel,
it i.; alleged, that securities in Mr. Reynolds'* cus
tody, to tile value oi io.iAAv»v", were coatroiied by
another purt>, wnos« i.am< &ac wiuni«i<i. uuuer .1
j>o..«r ol attorney, us aecurity tor a loan of Soou.'a*;.
which »Ue nuu n«gutuki«u a unu that, as a result,
tii^ was .>. > .11.1 i.i .ouch me securities.
on the following .Monday counsel tor Mr. Newton
wont to Cleveland, culled on Mr. Reynolds, and
asked to see lat «Jh;tu\viok securities. Air. key
notds, v will i.c alleged, refused 10 exinoit ih«
securities, wnicc he n.i.i receiveu. It was under
stood, in seated packas«it, and which be had not
BUDSequently nad un opportunity to examine. Mr.
Reynolds, however, it is declared, issii^ti .< certifi
cate statin*; ol what, he nad been miormed by
Mrs. Chudwick. the securities consisted. According
to this ceruueate, the. si:t:u.iti>:s consisted princi
pally of an immense block of snares in the I .i.>-
Human Railway, iii sicoilanu; -....!•■ Uniteu sutii-s
Steel Corporation goid bonds, and some snares in
un American railway company.
Mr. Reynolds said at the lime that if the aw
tomey would obtain Mrs Chad wick' a consent to
Inspect the securities tie would otter no objec
tions. Mrs. < hadwick relused, counsel aiiege. ii>r
consent, and up i.i tne present time, it i* declared,
the securities have not been seen by either Mr.
Newton or any of his counsel.
NO CHADiVJCK HEARING.
Heavy Withdrawal of Deposits from
Cleveland Bank Invoiced.
Cleveland. Nov. 29.— Arthur a. Steams, represent
ing Mr. Newton, ol Brookline, Mass , in the case
against Mrs. Cbadwick. left here for New- York
this "evening to attend a council with Mrs. Chad
wick's attorneys Thursday morning at U>:3o o'clock.
There was such a steady withdrawal of deposits
from the Wade Park Bank to-day that the officials
u>-iermine<i to enforce the sixty days' notice of
Witndrawal rule, and a card to that effect was
posted In the bank this afternoon
It was stated hero that the amount loaned to
-Mrs. C. I* i hadwick by the citizens' National r..iiik
01 übtsrliii widen tailed yesterday, is £:-i<>.w.t. iii.s
is laid 10 h<> exclusive ot . he. <:■■_. ■-< i loaned by
President Beekwith and Cashier bpear personally
to Airs, Chauwick.
At court to-day it was announced that the hear
ing of Mrs. < hadwlck had been postponed until
Tliursday at '.<:& ia. in. by consent 01 trie attorneys
• presenting both sl«i<-s.
.Mrs. i haawick was not in court, .-"he was repre
sent by John li. Clarke, of this city, as counsel.
wnile Mr. Newton was represented by th« local law
firm of Carr, Steams & Chamberlain.
Developments to-day indicate that Mrs. chadwick
has for a long time done, business with many of the
banks of Cleveland and ai^o those of surrounding
town* on a big scale. Leading bankers have stated
that they have frequently loaned Mrs. Chadwick
from J26,uCO to $100,000 on notes Indorsed by wealthy
persons. These notes have, it Is said, usually been
paid promptly when due.
There is said to be a possibility that the motion
for the appointment of a receiver to take charge of
the securities amounting to $5,00j,000 said to be held
In trust by Irl Reynolds for Mrs. i hadwick will not
come to argument.
MRS. CHADWICK TOOK SMALL SUMS.
Borrowed $9,000 from a Relative in Frank
lin, Perm.
lin TMIMQSU.VB to Tin: tkibi nf |
Kianklin. Perm., Nov. 2:>.— A H'r.inklin relative of
Mrs. Cassis I-. Chadwick holds her notec for more
than $9.<W>. The first note was glvrn to James I->
chadwick, a brother-in-law, m IMB, a;id was for
$J,OOO, the puper drawing liter, st at 7 per cent. Tho
second was riven to Mr. Cbadwick also. The
amount was Ji.lSX 1 . on which Mrs. Chadwick agree.!
to pajf » per ivnt.
On the latter there was no surety. Mr Chadwick
bavins had explicit faith in the ability of his sis
ter-ln-law to pay back the money. Mr. Chadwick,
who was <.ne of the best known lawyers in this
section, died late in 1902. A few years before the
tlr.«t loan Mrs. '"hadwick was here, and attempted
to borrow JWO.OOO from the local banks, out 6i;a
was unable to get it.
GAMBLED AWAY $15,000.
L. W. Ahrens Gave Checks— Won't
Pat/, and. Charges Fraud.
When the prisoners taken by District Attorney
Jerome in h.s raid of last election night on a
house in West Eighty-second-st. were arraigned
before Justice Foster. In General Sessions, yester
day, and were fined, everybody thought that an
end had been reached In that case It has become
known, however, that In this house L. W. Ahrens,
a printer, of No. 113 Llberty-st., living at No. 19
West Elghty-third-st . bad played, had lost $15,000
at roulette in one night, bad given his checks for
payment, and had stopped payment on the checks.
Ahrens Is prominent in Tammany Hall, and It Is
to him the city gives manj contracts for printing
and stationery. Through his lawyer, ex-Assistant
District Attorney Maurice B. Blumenthal, the fol
lowing statement wa*- made by Mr. Ahrens:
Mr. Ahrens claims that any money or checks ob
tained from him by these men were obtained by
fraud, and therefore Mr. Ahrens is not and never
was indebted to them, either legally or morally.
Mr. Ahrens is at bis home ill with tonsillitis
The m<*n who pleaded guilty yesterday to running
a gambling game in the house raided were Harris
Parr, of No. 219 West Kighty-third-st . the reputed
proprietor, who was fined ■$..>': Edwin Barkley, of
No. "3 West Thirty-fltih-st.; .lam*-- Dunbar. of No.
100 West Seventy-elghth-st.. and William J. Whit
beck, of No 120 "West Elghty-thlrd-st., who were
titled $60 each.
Parr disclaimed any title to the gambling equip
ment seised It consisted of several expensive rou
lette wheels and other equipment, all worth about
$700. He imMt'f! that the property had been used
for gambling purposes Judge Poster ordered it
destroyed This was done in the boiler room of
tho building, county detectives wielding the axes
■rid Mr. Jerome superintending 'he work. He
made 'h careful search to see if anything was
'. rooked," but he discovered nothing to .-how this.
MANY FRIENDS WOULD AID FELTON.
"Won't Need It." He Answers One — In
dicted for Murder in the First Degree.
•• ;. Felton, tho gambler who i- charged with
fatal won ling Gnj Roche, .-it Thirty-srcth-st.
and Broadwi ; on Thanksgiving night, and -.<.:.•> i~
now in the Tombs, l.es re 'ived hundreds of t°ie
{rr«m. a . !t i--- -.iii. from his pera a) frk :J- ; through
oM ti-e country, offering aid.
yesterday he sent out a lelesrram to a -friend
named Hunter, at Blwcod, Ind., us follows: Many
thinks old man. Won't need It. Will --ret out of
this scrape idi right Felton." Felton was ii 1.
dloted yesterduy for murder In the first degr
will plead to th« lndl< ■•• ... i.~ n
called at the Diciri. r Attorney's oJßce in the af
t'nioon and declared he stood > <-i t.- -:•.• ball
sutti for Kelton. Felton ainnot be admti I
■ i all. N Ison anally \o< . tn« office In disgust.
Cold M'2.ltS. -MATEntALs: — Any kind neatly sliced and garnished. Suitable for luncheons and leas when accom
panied by n regetable salad.
Lea $> Perrins' Sauce
THE ORIGINAL WORCESTERSHIRE
Seasoning: — In arranging the table be sure that ■ bottle of Lea & Perrins* Siu:c is within easy reach. When poured
over meat it will stimulate appetite and promote digestion. '
NELSON DOWNS COKBETT.
Battle Between Lightweight* Closes
in Tenth Round.
Ibt telegraph to the TRI3I SB.]
Snn Francisco. Nov. "Battling" Nelson to
night defeat-d "Young" Corbett in the tenth
round, at Woodward's Pavilion. Win Corbm
weighed in at 6 o'clock last nlscht h* tipped the
heam at M poundx. the weight acreed on, and
Nelson weighed In at a f mm ounco3 j...^ Th» me .
entered the ring a few minutes before 10 •'dock.
"Jimmy" Brltt, who was with th^in. challenged
the winner. •Billy- Roche, of New- York, was th
referee.. In th* first round tIwVS wa3 plenty of
()i.!:-k work In i**i;.-h no blows of conseojocftn wer.>
landed. The second round saw •some vicious In
fighting, in which Nelson had a slight advantage!
In the fifth round it became apparent aha: Corbet)
wan taking Nelson'a punisbnaent to tire him enoush
to get in his right. In the eighth nnd ninth rounds
Nelson forced -he righting, using his favorite light
and left to the jaw. which m- b.td us-,! througtu.i;:
the fight, until in the tenth round Corb"tt «ra^ in
such a helpless condition that his seconds "threw
up the sponge" and the reform stopped the battle.
HOPPE'S WRIST DEFERS MATCH.
Sprained by Fall in Subway — Between
Him and Catton on December 6.
Th* billiard game between "Willie" Hoppe. th»»
boy chanirjlon. and William Catton, scheduled to
take place at the Knickerbocker Billiard Academy,
In Brooklyn, last evening, did not take pi-. on
account of the accident to Hoppe in falling in the
subway last Saturday ami snmining his wrist. Th»
injury is still m painful that Hoppe decided to put
off his match with Cattori until December *. Th
match will be for two thousand points', four hun
dred to be played each evening ■■ the IS-lnch bulk
line, one shot in. Th»» content will bo for $!.fx» a
; de. th« gross I *>lr''s nnd a r>i.rsp of J.'j.
FUKERAL OF "JIMMY" MICH.iZL.
Many Well Known Wheelmen Attend Ser
vice — Burial at Greenwood.
The funeral ot Jairv - Mi^ha^l was h«M«l yesterday
afternoon in the undertaking rooms at No. *>»
Third-aye. The body was buried at Greenwood
Cemetery. The service were i'or.»luct«»fi by the Rev,
Dr. J. F. Forbes, of the Adorns Memorial Presby
terian Church, in East Thirtieth-si The pallbear
ers were the riders Oougoltz and Breton, and the
trainers. Jaraea hards. John West, William
Yr.ung and A'.ber; WebK
Many well knows in f-porting circles were present
Among them were "Mii«? a Mil •• 1 •■.••■ Mur
phy, Frank Albert, veteran s:x day rider; "Ja.-k"
Prince, who held the mile record in 1833: "Brooklyn
Jimmy" Carroll; Jockey Milron H>-r.ry; 'Austra
itsin"' James Murphy, "HanJicapp*f" 1.-.hn C. Wet
more: Samuel So.. "Big" James Richards. Frank
"Dutch" Waller, Miss Margaret Oast, female pace
follower. The floral pieces . wen numerous.
Among them was a floral piece with the worrit "Our
Little Pal •Jimmy." " anil another with the- words
'To Our Fri< nd."
INTERCOLLECE HOCKEY SCHEDULE.
At a meeting of ths .executive committ*** of th^
Intercollegiate Hockey League last night, iht
m bed lie for the championship hockey season of
1566 was arranged, rhe application of Cornell for
n.rmr>»rshlp was tabled. The season win open
v:th a game between Columbia and Princeton at
the St. Nicholas Skating Rink on January 7. and
nine of the ten games which constitute th* 1 serl M
will be decided at the same place the "'her. be
tween Brown and Harvard, bel - arranged for
decision at Cambridge.
HOCKEY SERIES ANNOUNCED.
Olßcial announcement oi f.im^ to be played -n
the series for th^ champtonaßlp of the .\mat*>ur
S. Alton & (Co.
: FUR DEPARTMENT. :
Fur Garments and Cloth Garments lined with fur ; Neckpiece*
and Muffs ; Furs for Children ; Mounted Rugs, Mat?, and
Carriage Robes of the most desirable fury
This day (WEDNESDAY"). November 30th. the following
will be offered at specially low prices :
Cloth Garments, lined with Squirrel fur (including the sleeves) ;
black, navy blue, brown, red or tan. with shawl collar of
Persian Paw. Beaver. Alaska Sable or Squirrel fur. $40.00
Cloth Garmenls, lined with Squirrel fur ; black, navy blue or
red, with braided cloth collar and cuffs, . $37.0*3
Persian Lamb Blouse Coats (Leipzig dye), fancy brocaded aJk
lined $135.00
Ermine. . . . Neckpieces. $35.00; Muffs, $35 00
Mink. . . . 2000; 16.00
Black Lynx. . . " 15.00; " 20 00
SabledFox. . . " 19.50; 12.50
Natural Squirrel. . 12.50; 7 J
Sabled Squirrel. . . " 12.50; " B.s<>
Alaska Sable. . . " 8.75; " 9.25
nineteenth Street ana Sixth JK**nu:. new Vcrfc.
Hockey r.-nsru" *■** -i.). Ust night by tfc* exec
mitusd by th* committee appoints! to arran««
game, was accepted by th* «x-<:utive ra»mbf>rV
Twenty Knra-» %r» provided for. Twelve will b* de
•lght »»»y»V«- Nicholas th* " k the retnaintnc
n^ l^.*' 11 » >U > ed ln "«• Clermont-ave. RinU.
Brooklyn Tb» :rst of the .erlea will be played
Y!iS 1 .V 2? y C. r>r-irh*r JT. between th*. New-Torlc
Athletic Ctah and in*- Wanderers at the £5*151
rink.
Ki:\ 77 'CKY SA LE OPENS.
Fasig-Tiptbn Company SelU 107.
Thoroughbred Home*.
IBT Tr.LFORAVH TO TS'K TBTBrXCI
•«... Ky.. Xov. \3.— The Fa«lg-Tlptnn flow
pany b*a*s its annual fall Ml* of - i»hbr»*
horses here to-day. «»lling Wi 'v id for a total of
J2S.>5. Th» chief •' ustgniaini tvaa from the Haw
burg r-:." s of J. E. Madden, consisting of lh« stati-
Jons Frankfort ar.d Penr»«osr and thirty-four
brood "mi.-. The prt ruled good, ccnslierlnar
the age anil bT>-<v.nt( m inding of th<? stock offered.
Weknawit brought the top pric*. I'UrTIC* 11.
Markay. M. D. Mr li iidsoa. K. C. Cowden. Baker
* Gentry ■■:■[ H. T. Oxnara alsa had consign
ments <w>ld. Summary of bsss
*•■•■. .-, ■--- - ■
Tmt». Brl:fnr> li\;i~ Uloirt. Ml:, r.i.. M by ;>r..;t«o.
•am l-l»ji»aurre. by Cr»rr.orni- 3. C t-yne L*x
buctoa. K> -. . . n 2>-
Soubratta 11. b. m.. 14. -tv Faranln!». ■n .<iema
rhor». h v On-jn^lasta: Milton •' tuna . . lf>t
Merrily, h'. m . 7. ».t tmo. Galore. <tan M»rrv On*.
by i-'»>-.«at|on: J S. Stol! son
styrtlet:». eh m.. X tv imu. Mirthful <!am Hy
rr.tlca. by imp \v. ■ ;.jr|. ;»■ r«- M HrtLil<rr.- »»
Contempt b. m.. 5. by Tamnuny. ***. Imp. RidJ
fulf. by Atthotas: Milton V •!.•■.« IM
A'i'.rn t, m.. .1. hy ih« P»op-t. dam Itn?. Brl'lsh
Btu«j Elo<^!. t\ UenUgi; J. ». Stoll . ■•
I>«?.er. oh. m.. *. by Ha.<t!nr«. dam Lady Rayoa.
by Rayon I> - Or: r^ O. Arplebr. Sliv»r Brook
Stud. N. I «»
Frnrkfrr- b h.. ♦$. by Hanover, dam l^Jv Am fey
Fallow Crafr; J. ?. : «-•«!-,* Stud •«•>
Aconttin*. *r. m.. « V.v Sir bixon. l»m Ac<vnlte. by
T»n Er-KL-ck: "«us" Straus . ISO
Dare Vela. b. m.. 14. v .v I^n«f-llow. dam Alta>
PMe. hy Bin* Mantle; Ou»" ~tr»'H I.SSO
Imp. <*h!!p!aT:an. eh. m . 4 by r: •riz«!l IX. <!a3»
'•hlnkara. Lv Galoeta: H. P H»»<1!»t !.*»
H.imo h. m.. T .v flm iCjri'i. lam Pa R«"ntn!
bj Hln--J->o: Mllfon Teams • si >
Dobatar. \ . m.. tt. br RumvUL Cam lnn>. '~-*n\r»A'.G
tion. hv St^rllTic: Miltnn Your* a>o
Imp. Deban-. b. m.. 3. by Ban D '>•- .lam lm|i
Crisis, by >t>7-lr<t!elrt; J. W. Hanrar-i . .... !.••'
Farfalla. b. m.. i. by Htodnn dam Vr%n-I»c«. *y
imn. l.»am!n*ton: W. S. Fan*cnaw. N»w-York.. HI
Hrbrir. .-i «- <». hv tmp. H'rmsnre. <Jaro Cimfcric.
Tv Kinduo. H. r .M-**JI-v • ■ ■•• ■»<>
fatfpldily. i>. — . « hr BramM*. «Jan» rritr«pl<J. by
11 •■■'.■ • IJ i. Ri»Jman - t<W
\v»»n.j»tt. .h. m.. It. by Imp Ma.»-'tr dam -W»
r.orahtt. by tJ»n!<a»lon: 8 C, — • iSf»>
MEMORIAL OF BALTIMORE FIRE.
Merchants Plan to Erect Monument Made of
lion from Burned Buildings.
iET TEUECntAFH Tv> TUT: THIBrM^I
V.nltitnore. Nov. ;?.— Th*» merchants of Baltimore
p^irj>os«» to e*-*r\ a memorial of the great flr« which
destroyed t.e business auction last February. IS
will be a monument built from scrap metal taken
from the rams of leading banks, business boas**
a^.d oM landmarks that were tiurn«^l. A prise will
be offered to '»»ii of the Maryland School of
Art and Design fur competlthre designs for th«»
: onum-nt.
The. monument will b* piac»d near the spot wh*r»
x.i" fir-- started, and the -York and Pennsyl
vania •-•• rompanlea, which dfrl such good s«rvt.-^
at th* conflagration, will b" invited to partirtpat-*
In th*» unveiline ceremonies.
LAMAR'S OFFER TO CREDITORS.
M is stated that th» liabiliti"*. o f A.fred M. La
mar. the Consolidated Exchar.se broker, who fall*J
early last week, will amount to J^rr..<ioo. Against
Ibesa liabilities there ar* quick assets of W9.osn.
including a piece of unencumbered real -state in
this city owned by Mr. La mar. The assets flaw*
• ■■ii about 14 cents on the dollar. According to
I-amars counsel. the creditors will b» asked to
accept a settlement as follows: Ten p«r cent in
rash. IS per cent In thirty-. notes and the —
maining 73 per rent iii th-e/B .rjual instalments. In
notes running, respectively. Fix. twejT* u>4 •<«^
leen months
YOU WILL FIND THE
GAS
HEATER
to bo most convenient and satis
factory for occasional use, and as
an auxiliary to the coal store in
quickly and efficiently
WARMING the
DINING ROOM
SITTING ROOM
or any chilly room in the house. "
JOHN DUNCAN'S SONS. Agents. NEW YORK.
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