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New-York tribune. (New York [N.Y.]) 1866-1924, January 19, 1905, Image 1

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V**. LXIV V 21.249.
J!S LOANS ?«,000 A DAY.
f pmtrr TfiU of His Relation* to
«■>■• most 'mportant testimony yesterday In
A* Munro? & Nunroe bankruptcy hearing be
*rei'r- !fd ?Ifllr? Commissioner Alexander was
jvrn h7 Tmnk Brew or. ■ ho. under the ques
*' nin» of M**n Ice Dntenayer, of counsel for the
,„,- & nd crediuwi of Mnaroe & Munroe. ad
ifed that he had obtained from the National
". t 'v p.-.nk a dafly !oan nf fS.ooo from Xovem
. "^ Tfl peccnaber ~. nt>out the period during
••hi.-!: Slonroe & Munroe were getting a $00,000
lobd c£> bJ" s y f ronl 'he same institution. Mr.
rarer a!sn c:.vc some interesting details re
•r-dir-P th r relations between his firm and Mun-
»;unrof. Among the other witnesses were
tnOittn C. OaU»*hw. a curb broker, and
Ciai!*^ A. Fish.
Mr. Drewer Bald that prior to 1903 he had been
. effft to th* *~'"p!°y o* J- R Wmiitoo & Co..
£ Stock Ex;h.ii.?e Drw, I'ut early in that year
heextft a SFat oa tlir J^ ro< 3uco Exchange, of
■fefcli nets' ?f? f he had been a member before
coins 10 the Wflliston firm, and took up again
jh# brokerage business. While working for J.
j; ITJaistoa & <.">>.. the witness said, he m»-t
C.wr&e H. Slciiroe, who was dealing then in the
P i 3 Uartrca! and Boston stork with his cm
j ,Trc. lr In jVbrjary. 11*11!, witness formed a
pgtnertibHp with Hugh McDearmid. of Man
jresl. unJer SJbe firm name of Rrewrr & Co.
Q~-Did Jt>i rvrr s"** your partner. Mr. McDear
cidt A. -No. I never did.
q,— How ranw the partnership to be formed?
pnjO'orp* Mu'.roe suggest it? A. — George Munroe
tad jo mf that be thought there was room for on*
ekt*id«> house. a~ he had pl«*nt? of business and
ttiJi ejwc '■'■■ IMM i"-* 11 * 1 s ' be kaew any one who
2»<J Hiawejr >o ;iur in ] would put up Ihf experi
<ar». Th-ri Slazsroe told me of >": Mrl>e&rmid.
gs« «T rabseQiiently had articles of copartnership
turn t:p. After 1 bad tidied them, Mr. Munroe
ffil the r'Sj>er to Montreal to Mr. Mfl>e.irmid for
ttotigSMXOTt. 1 newer pet the original back again.
j»t I hare ■ t>p»»'l'lttea copy here (producing It),
gild I Bs»* n»ve v process nf aiioreey from Mr.
jlcDear^'d to hi? representative, Mr. Curtia.
(j.— i!r. Munroe'a attorney drew the articles, did
■Janw? A.— Yes.
g— I let by lb**B crtities that Mr. McDearmid
%m ■' Ju:Ei*h Jll'.-nO to Urn «-opartnershi;i. Did lie
j3 la that moTH y".' A — H*> p::t in ahout SI.MO.
g— l aJ9o m-« that &11 deposits are to be left to
fi*??* Munrof. Did he- suggest thai? A. booking
» tss fr:tTid? latemt. he Kaid.
Q.— And in this power of attorney I •.'»'' that Mr
JiclVinrud rteierates his attArneyphip to E. A\
itrUf. Jf that the Mr. Curtis who has been the
sanarer ot the affairs of Munroe & Mur.roe? A. —
}«. ite.
Bnver eaid he first •net Cameron Spear, the
♦fratfd r-.anager of F. P. Ward & Co.. at
jbfiexne, where they had adjoining: cottages. The
•Hues c ir.trodured Spear to George Munroe In
Cirnainer of lfX^3. A*, that time F. P. Ward
£ Cc. rere dealing rather heavily in the Marconi
'Teu knew that Cameron Fp«ar was really
rP. Ward & Co., didn't you?" asked Mr Unter-
"He told me he was interested in the firm,"
urn i iii the win • m
'1 show you." said Mr. Tntermyer. opening a
til f I > f. **tb« capital account of Munroe &
Veroe. trd it shows you contributed SO.V) to
titi: criglncl capitel. Did you invest $$J0 in
|tor«e A Mom i
,*%tifir»f." answered Mr. Brewer.
""V,?mlsf IPtD entry is without your knowl-
unauthorized, is it?"
Ur. rrterrr.yer call-d the attention of the
vi3a» to a number of peyments in the books
cf \ix iritness'a firm, which Mr. Brewer ex
p«j»r by admitting that these entries rep-
RBZttfl the rent paid for his offices by Munroe
A Km
Q-D-.fl Mr. Munroe introduce you to -.- National
Cry Bank? A -No: I knew Mr. LooroUfor four
}Tirs. r ' <
tt-TVhc a-rar.r*-d for a daily lean to ran ot IS.OOO
Jwa the National City Bank frcm Ngvember 29
ESt9 Daccinber 77 A— Mr. l^^oiuis.
Q-Yoa veat to th* bank aJone? A.— Tee. I d»
p«t»Kl collaipral for tl» loan.
<i-Wh«t? Moatres] and Boston stock? A.— Tea;
uno f*»nrtirt pharei=.
Q— An(! you pa the ptork from George Munroe?
A-Te*. from G»f>rpe Mur.roe.
W-l>u fct rr^d;t for this $?.'»'/> loan each morn
fcj tad p£.;d it b&ck in the nfternoon in the same
*»? that yr Mur.ro* pot his $ec>.Ooo dally, did you
••** A-1 b*-hev* co.
Q— And why did you get th:« money each day?
A-A* an apcomrcodiition for Mr. Muni
Q— Thst txilzir.k. then, why you are credited In
tb«T books with JS.OOft each day In the morning
tnt charged r.p with the payment of that sura in
tftf aftrrno'T. V A.— l puppose so.
Q-Anfi you Fay your firm i? r.ot th» - mm as
Mncrt* & MoBTO*. or a part of it? A.— No. .-1!
Q.-H^ir <j'.es it differ? A— l »<-ll ether stocks
than Montreal asd Boston and Murroni.
Q— Bet So per «-ent of your business came through
Jisnroe & 2J ur.ro*>? A —About that, perheps.
Q— And ><•! Qxtf beM the lease of your office*.
piJ th» rent, selected your partner, whom you
h*'» Detter Been; mrbo gave his power of attorney
H Knave 4 Mnnrae*a manpi^er. and George Mu:i
rot *a* to Bettle all partnerFh'p disputes, according
to tbf ssttda of copartnership you signed; and
"rt you 887 yon and your firm differ from Munroe
4Mur.ro*. J Khould like to know how? A.— Well,
a does.
T."fi!ia.m G. Gallagher, a curb broker, who was
th* firrt vltsesa beard yesterday, paid that he
Bjt George H. Munroe on December 11. IMS.
aai that up to Aj-ril LM. U»on. he Fold a great
<<rJ of the old Montreal and Boston stock and
tki" stock of one <if the Marconi companies". In
At-gurt, ir^»4. he r«~?=umed his dealings with
Uwroe & Munroe. handling the new Montreal
*tl Boston Consolidate stock. George Muti
">" had told him tb* new stock had all been
BnfienrrJtjan an -j subscribed for.
"He toH m*.* 1 raid the witnets. that Mr.
***% Mr. LoomJa and. others, including him
f~i, had ur>(!erwritten he Elock. and the money
■»• then at bit dirposr L The stock was selling
*&« at Tr» cents a Ehare, ani he told me he ex
""•* to put tha atock up to at least $6 or $7
* tiure, rfclch he s=!d vas its Ml worth."
"IXd jia mil 19.0Q9 ahar«3 to Allen, M<~Graw
* To?" a*kej l.'r. Ur.terrr.yer.
TOLD T>o BSZAj ! 0.000 SHARES.
Th* •rJtaem. arisT.-jrlng. F.aid that George
Kunrce railed n ra up srd told him to sell 10,
l> * *r»s for rash. He had looked over the
cc * rttl a^'d i:;forrr.«d Monroe thtft he did not
Og&k ts? corfa market v.ould take 10,000 shares,
S Gwree ---^roe had tt!d him he had buying
0 »n out for aracb more than that, and that
••« ?. r i«-:dj also had Luyir.g orders out for more
•^«i 30.000 Kha.«s. Tlier, be had called up
'?**■• *I<*Craw & Co., and ordered them to sell
'*'■ -JO sbarcs. but at not Jess than 3 9-10 a
''Kw ? 7il<! wl ' ne m ** Ji! tfcs * h *^ received the
*'.00Q ehsreg and turned them over to Allen.
* GrD * & c&. H« got that firm's check and
** JJunroe ft Manioc bis personal check in
?5J*"jF2 fO -- tbe s*o''k. he a*ld'-d.
*^ U!at)e & liur.ro* ktpt calJirg and sending
r ' '-«. Ml •.«. for the n:oncy for the 10,000
J^ rtt - ' *»i 4 th» crltccta. "and it was a few
'-*<• ** ' 3 o*cSocl: when I sent my boy to
i:rrl' U ,ctrt!;s, ctrt!;s » <1 ■* the bank Then M was
*e*"l\.» n » tr *o JJonro* ft Munroe." The last
c«TTI, C "^ r - '-alla^her's testimony won c-orrol»
*»y *" '^ '- 13 * "fliaewfi cashier and hLi ofUce
Hm-'t?*i**«^ i*u:»roe. it was e*id yesterday, have
Ik-" .r*? ori l^* floor of the Broad
tt*V**Xl** «J'^ll<sirg. }t may b* remembered lli^s
tfß n: '-7 «2C*avorf(| usiauccerxfully to ob
to»«^!l' r8:OM rf IJlf *'- r rjiJ <1? J iL "« on another
t«lve»* ,* %rr '' bi! l^aj. »:i r.-hich room the re
*? T TwJ" ;:r " " *»* •■^'••ne'i for *--^ hick.
n*^~jSvL. y *'— < '°** -° ultcii Strsei. New-
To ri.r. ftj,..
To-momm. fair; brisk •onthwn.t wind..
Seeks to Indiet — Hummel Sten
ographer Made to Testify.
In Its investigation yesterday of the Morse-
Dodge tangle, the grand jury sent a communi
cation to Judge Ifdiahon, of General salmis.
which disclosed as ■ fact that efforts were being
made to indict persons for conspiracy. ' The
Krand jury has had evidence that the alleged
l>erjury for which Dodge has been indicted was
the result of subornation and conspiracy by
various persons. The present investigation is
being: conducted to find out where those per
sons are.
A witness before the grand Jury yesterday was
Isaac N. Jacohson. of No. 100 West One-hun
dred-and-forty-first-st.. a stenographer in the
office of Howe & Hummel, formerly counsel for
Dodge's wife. He persistently refused to give
certain testimony wanted, but at last pave it.
The grand jury* communication to Judge
McMabon set forth that Jacobson h;td (been
summoned and had been questioned particularly
p.s to certain affidavits sworn to by Dodge In the
Supreme Court on November )♦. 1908. and Oc
tober 29, 1903. The body of these affidavits was
typewritten, and J.".(ot«on was asked if he had
done the typewriting. He refused to answer
on the ground that he was forbidden to do so by
Section 835 at the Code of Civil Procedure, re
latins; to privileged questions.
"Did any person dictate the affidavit to you?"
he was asked. He declined to answer. Then
the communication was sent.
In court the judge said:
"I shall direct the witness to answer all the
questions. He cannot claim privilege under the
Jacobson — think I have the right to be rep
resented by counsel on such a presentment and
application, have I not?
The Court — 1 doubt it v«ry much.
Jacobson — I decline to answer. If your honor
please?, if 1 will be permitted to consult with
counsel, and 't counsel advises di" that it is not
a privilege, 1 shall certainly answer the ques
The rour. — Court arrises the Jury other
Jacobson— Then 'lt will or.lv Involve a contin
uance of. refusing to answer.
The — Yon will return to the grand jury
room and answer the questions propounded to
you or I will send you elsewhere.
Jacobson — Then I will have a right to retain
counsel on that application, and consequently it
is only a matter of delay.
Mr. Rand— l trust that the witness under
stands that he will go "elsewhere" first.
The Court Certainly.
Jacobson — I trust the distinguished Assistant
District Attorney will understand that he cannot
keep me "elsewhere."
Mr. Rand — Let us not waste time. If the wit
ness intends to ruse to obey your honor's direc
tions, be might as well refuse here as to have
the grand jury go upstairs again.
The Court — Certainly.
Jacobson— Tour honor, if I refuse now will
ycur honor direct that I be punished for con
"Hi*- Court— Certainly.
Jacr.bson- -May I have counsel at once before
I go "elsewhere*"'? and I certainly will purge my
self of the contempt.
The Court — Tou car. see counsel after you are
Jacobson— To incarcerate a man In jail is not
a laudable occupation.
The Court— Are you willing to go before the
KTand Jury and answer the question^ propounded
to you this morning?
Jacobson— Well, will I po to Jail?
Th* Court— Will you answer my questions?
Jacobson— l will answer.
The grand Jury went at one* upstairs and
there Jacobson answered the questions, it Is
6aid. He will be a witness before the grand jury
again to-day.
Ex-Judge Fursman was in conference -with
Mr. Rand yesterday about th« case.
Resignation Accepted — Choice of a
New Premier Delayed.
Paris. Jan. 18.— The C< mbe* Ministry pre
sented Its resignation to President I.oubet this
rno-nins;. and the President accepted it. but
aFk^d the Minister* to carry on their functions
uritil a new Cabinet is formed.
M. lx>ubet conferred with the pr"«ident of the
Senate. M. Faiiieres, and the president of the
Chamber of I>eputie«, Paul Doumer. and then
anncunced that he would also consult the lead
ers of the majority groups. This will postpone
the seWtion of a new Premier for several days.
it is thought. These conferences will determine
•be M. Loubet will Invite to form a Ministry.
M. Rouvler continues to be considered t ho most
likely candidate for Premier, but his chances are
attain 'ban at first, owing to the belkf
that a Rouvier Cabinet would not last long on
account of the internal divisions of the parlla
ry groups. other names prominently
mentioned by men familiar with parliamentary
affairs are :hoee of M. Brisson, at, Mllleraiid
and M. Doumer.
M Combes in his letter of resignation says In
part :
It is rot without sentiments of profound regret
that I see myself obliged to renounce the re
alization of the programme of political and
social reforms which the Republican majority
in the amber explicitly and repeatedly ap
proved but the recent figures of this majority
do not' permit me to hope to conduct this pro
erainmc to a realisation. My persona! senti
ments an- '.. struggle still, believing that re
publican France is with me But it Is easy to
recognize that 1 may be put Into the minority at
any moment upon some comparatively minor in
cident, thus risking injury to the general policy
of the govern merit.
London, Jan. 39— The /inrioun «■ made
that 11. B Irving will follow hi* father's footsteps
ami play Hamlet for the r.oxt production oper.ing
Oscar Asdic's irann •' the Adelphi^
•v \ A Xla. Special." i;i ;1 ° P. M ! "*"U. * West
.:i., n Ltd " 9:2- A. M. Unexcelled servlc- via
}"«; A Atlantic Coa« Line-. 1161 B'way. N. T.-
XEW-YORK. THURSIXW, JANUARY 19. 1905. -FOURTEEN PAGES.- by Th« T" ir >aanTiifl in
Another Machine, Caught, Has
Speed of 60 Miles an Hour.
When a large automobile, containing five passen
gers, besides the chauffeur, whizzed north in Madi
son-aye. at Sixty-seventh-st.. yesterday. Bicycle
Patrolmen Sherry and O'Sullivan estimated lt*
tpoed as at least twenty-five miles an hour. They
gave chase. At Ninety-second-Ft. a truck that had
turned aside for a passing car swung- directly in
front of 6'Sulliyan. He swerved to the southbound
tracks and got by in safety, but Sherry got ahead
of the tru?k only a few inches in advance of a car.
The policemen made a renewed effort to catch the
automobile, and din so at One-hundred-and-second
!=t., after a chase of thirty-five blocks
The chauffeur said he was Andre Bordier, of
Pans, France, living; In the Waldorf-Astoria. He
was arrested. The only one of the five passengers
V V. would Rive his name was Jacques Faure. the
chauffeur's employer. He gave flow bail for Bor
dier s appearance.
O'Sullivan no sooner had returned to his post of
duty than he saw an automobile coins at twenty
miles an hour, lie asserted in Fifth-aye.. across
Central Park Plaza and west in Flfty-r.inth-st.
In« operator warn the only person In it. O'Sullivan
thought be wouldhaw an easy time in overhauling
the automobile, but it «*ained speed, and at Eightn
i;Vi - was far in the lead. There its operator slowed
down for the traffic in Columbus Circle He.
seemed surprised when < ►Sullivan rod* alongside
and told him he whs under arrest, lie said he was
Charles Talbott, a chauffeur, of Syracuse, staying
at the Si Paul Hotel.
He declared: "Say, l didn't know you were chas
ing me. If I'd known it, do you know how much
"i a chanc you would have had to pel me? This
is only a 12-horsepower engine, but she's built light
and can be notched up to 6ixty miles an hour.
She's built to po for speed purposes only."
Talbott's employer. Alfred Canecho, also of Syra
cuse, and sta-mg: at the St. Paul Hotel, furnished
KW> bail. Canecho is an exhibitor at the Automo
bile Enow.
Samuel IV. Peck in One Car —
Drivers Arrested.
Accompanied by his wife in his victoria automo-
Ml« on the way to his home in the Ansonia from
the Savoy Theatre, Samuel W. Peck, the woollen
merchant, of Xo«. SO6 and U8 Broadway, was
stopped by a bicycle policeman last night In Co
■iin,h': 5 Circle. The police say that Mr Peek.-
driver. QnFtav Swar.son, of No. HI West Foriieth
st., who was arrest =*l- Y.hC be->n ir, ft^nifii^ti
Broadway p. •»• cnotii..'.-- Jrt er. l.er. T;-ju=«»r. «->t
No. 238 W*st On.-hu-j^red-ani-tnrcMv-rixlh-st.
Trousler was also arrested after h* .id uTvervorl
shatply in front of Pi.-;. Policeman Bultman of
the w*«t Forty-seventh-st. station, who was
slightly injured
Bullrr.an gave chase to the two automobiles up
Broadway from Times Square. He. was catching 1
up with them near Fifty-second-sr., where Trous-
Isr, whose oar Was near the curb on tue east side
of the street, turned sharply into the cross stre»t.
Builman went full tilt into the car and was shot
along the pavement for some twenty-five feel Hie
bicycle was broken, his right side iniured and his
uniform torn. He shouted to Bi:yol<s Policeman
Kerrigan to ride after the other (Mr. Peck's) auto
mobile, and he arrested Trousler and took him to
the station, where he was locked up. Kerrigan
raced up Broadway after the Peck automobile and
caught it at Flfty-nlnth-Bt. Mr. Peek and Mrs.
Peck Insisted their driver had not gone faster
than regulation speed, but Kerrigan placed Swan
son under arrest.
Patrolman Said He Endangered the Lives of
School Children.
Walter L,. Marr. of Detroit, an automobile de
signer, and an exhibitor with th«> Buck Motor Com
pany, of Detroit, at the automobile show at Mad
ison Square Garden, was arrested yesterday after
noon on a charge of speedinp In excess of eight
miles an hour in lyxington-ave.. to the ereat dan
goer of school children. ile had In his car a pro
■ to whom he was trying to show
the beauty of automobillng.
Patrolman Connelly, of the Ka*t Fifty-ftrst-st.
station, saw tne automobile epeedinjr up Lex
ington-are., pouih of Kifty-n!nth-«t. so fast he
could not overtake it. School children crossing
Lextngton-ave. had to scurry to g->t out of the
way of the automobile, and two children, lie 6aid,
narrowly escaped being run over.
Shortly nft«r this Mr. Marr guided his automobile
back down the avenue, and Connelly arrested him.
Mr Marr said he did not believe he was exceeding
the speed Unit. In the Yorkville Court the tech
nica] ''bars* against Marr wa» that the license
nun. her on the automobile he wae ÜBlng was not
displayed. He convinced Magistrate Whitman that
the number was inside the oar. and that th<» auto
mobile was in use only temporarily, and was dis
r harged.
English Actor's Shoulder Dislocated
by Car — Temporarily Off Stage.
The right shoulder of Sir Charles Wyndham,
the English actor, was dislocated by a car at
Columbus Circle last night, and he will not be
able to play for pome days.
He was on his way at 8 o'clock from the Hotel
Majestic to the Lyceum Theatre, and changed
cars at the Circle. In ecl"K from behind one
car he did not see another approaching in t lie
opposite direction and was knocked down. He
nearly fainted from the shock.
H«» kept on to the theatre, however, but wh-n
he started to dress he found his right arm par
alysed. Dr. Neal. of West Forty-«lxth-st., and
Dr. .Selgle. of the Somerset, were called. They
found that in? actor's shoulder was bruised a.nd
fractured. He was pent home, and "Mrs. Gor
rlnge's" Necklace*" "*&■& put on, with Frank
Atherly In tb. f ' part Hir C'hailes plays. When
Sir Charles r< turns to the stage, which he holies
to do by Saturday. The Caae <>f Rebellious
Susan" will again become the bill at the Ly
FIVE BOOKS FOR $100,000.
Volumes of the Gvglichno Libris Col
lection More than 1,000 Years Old.
London, Jan. 19.— Sothebys, art auc
tioneers, have Just arranged the sale by private
treaty of five volumes for $100,000. They are
an Evangelarium of the sixth century and other
similur manuscripts of the sixth to the eleventh
centuries, formerly belonging to the Gugllelmo
Libri3 collection, their value centring chiefly
in elaborate early metal bindings and orna
mented enamels and bass-reliefs of precious
stones. The same volumes were purchased in
the early GO'S for $3,150, and have remained in
the purchaser's hands ever since. The name of
the purchaser has not been told.
Florida. Fine fishing and shooting. Reasonable
hotels. For particulars gft Seaboard Ke«ort book
at any P. n. Ft. offlte. or Seaboard office, 1.183
State Association Votes to Take Xo
Further Action.
Albany, Jan. IS. — Following one of the most
exciting sessions in its history, the New-York
State Bar Association this afternoon adopted a
resolution which, although formaJly disapprov
ing of his alleged acts, practically clears Jus
tice Warren B. Hooker of any act while on the
bench which would warrant the association
In submitting the matter to the legislature for
its action. This course was outlined In a series
of resolutions offered by Simon Fleischmann, of
Buffalo, which was adopted by a vote of 94
to 84.
More than two hundred members of the asso
ciation assembled in the Common Council cham
ber when the report of the grievance committee,
which was presented yesterday, was taken up
for action. This report Includes findings of fact
and conclusions on alleged irregularities by Jus
tice Hooker in connection with the poetofnees at
Fredonia and Dunkirk, and was adopted by a
practically unanimous vote.
Charles W. Hinrichs, of Brooklyn, offered
a resolution which provided for the appointment
of a committee of the bar association to formu
late charges and present them to the legis
lature. Simon Fleiechmann proposed an amend
ment which declared that there was nothing in
the acts of Justice Hooker which violated the
law, and resolved as follows:
First— That the New-York State Bar Association
disapprove all such political acts as are disclosed
by the record in this case.
Second— That the report of the grievance commit
tee be received and flled.
Third— no further action be taken by this
association thereon, or with reference thereto.
Macgrane Coxe, of New- York, offered an
amendment that the case be referred to the leg
islature for investigation. The first vote was
tak°n or: Mr. Coxes amendment, which was de
feated by a vote of 101 to 97. Mr. Fleisch
•uann'a amendment was then adopted, and the
.-!?»«. nriet ton n-iiiumed. with a ringing ehesx from
the friends of Justice Hooker. At several times
there were parliamentary tangles, but Judge
Hand, who presided, held the excited members
in control, and matters were finally straightened
Mr. Coxe's resolution was that the report of the
grievance committee be transferred to the legis
lature, with the recommendation that further
investigation be made by the legislature. It
was seconded by Francis Lynde- Stetson; of
"What harm can it do?" asked Mr. Coxe. in ref
erence to his resolution. "It does not impeach;
lt does not recommend impeachment. But if it
should fail th*» legislature could say: 'What is
there for us to investigate? The Bar Associa
tion hae diacufsed the matter." Why should any
friends of Mr. Hooker wish to oppose the amend
ment? Isn't it the wise course? It is much
better that no member of this body should stand
as prosecutor. It isn't the wise course. I be
lieve It to be our duty to give the legislature the
result of our investigating, but go no further."
Supporting his resolution. Mr. Hinrichs said:
I am glad the importance of the matter has
brought out *uch a large number. I am conscious
of the sincerity of ray purj>ose in framing my
resolution We "should no longer remain in a misty
atmosphere bat find out what is to be acted upon,
and then act as> men. The resolution does not con
template impeachment, but the legislature has the
summary power of removal for cause. The cause, a*
I understand lt. i? when a justice has fallen short
of that ideal that »very jurlge should have. I take
it' the Bar Association is somewhm in the position
of a grand jury. Is it not t!m« after a year's dls
cu^^ion that we have len^hed a point where some
one br-ive enough shall formulate charges?
Ball who was appointed ar the request of Justice
Hooker is not one of his political associates. He
i.« a Democrat. He was in a business transaction
with Mrs Hooker, and became indebted to her.
We fird that Unll's saUiy us L.ostpffW laborer
almost In toto goes to discharge a note originally
indorsed by Mrs. Hooker. In my judgment, this Is
defrauding the I'nited States. When Ju.«tl.-e Hook
-ked nliout the matter he ingenuously replies
l ie j" s , . nof having done anything wrong.
This Bar Association must now formulate charges.
1 myself swore, when I took oath as a lawyer, that
I would minister to the justice of all. 1 want to be
true to that now. gentlemen, and I Implore you to
'inn this proposition born cf timidity and
vote bravely smd squarely la favor of a resolution
we can undertsand.
Calvin E. Keach, of Troy, urged the Bar As
sociation to go slowly In the' matter. He had
heard a prominent member of the association
remark that it was a "terrible mistake that the
matter was ever taken up by the association."
"No charge has ever been made against Jus
tice Hooker," Mr. Keach said. "Let Mr. Hunt
ington, who made a supplemental report, take
the matter to the legislature if he wants to.
But we should relegate this whole matter to the
realms of forgetfulness."
William E. Kissellburgh made an earnest de
fence Of Justice Hooker. He was Impressed, he
said, with Mr. Hlnrlchss eloquence, but not his
"It is not n question of professional courage."
Mr Kisst-lburgh declared, "but one of human
intelligence. What facts does the committee re
port show that could be acted upon?"
Mr. Klssetlburgh reviewed the Ball appoint
ment, and said that if there had been any
wrong in the case It was neglect of duty on the
part of the postmaster.
•'The evidence does not show that Justice
Hooker had any knowledge cf the fact that the
appointment was uneeessary," Mr. Kissellburgh
W. J. Welch, of New-York, spoke in support
of Mr. Coxes resolution.
"I Bay It Is a. farce," he declared, "to Investi
gate an we ha\e done and not submit the re
sult of that investigation to the legislature,
which has power to act."
Lewis E. Carr. of Albany, spoke in favor of
< .mtlnurd on second IMC*.
Leave New York $:3t p. m.. arrive Cleveland 7:11
tint morning. Cincinnati 1:30 p. m, Indianapolis 3:00
p. m.. Bt. Louis 9:45 p. tn.. by New York Centra],
Fine Service. No umu far*.—
Vain Conference for Adjustment —
Men Vote to Go Out if Ordered.
Philadelphia. Jan. IS. — After a protracted con
ference late to-day General Manager W. W.
Atterbury. of the Pennsylvania Railroad Com
pany, and the board of adjustment of the Broth
erhood of Railway Trainmen separated without
having reached an agreement. W. G. Lee, first
vice-grand master of the Brotherhood, who rep
resents the grand lodge and is acting in conjunc
tion with the board, informed Mr. Atterbury
that he regarded any further conferences use
less. He then called a meeting of the board of
adjustment for to-morrow morning, when, it Is
expected, final action will be taken regarding
the differences, between the company and the
Mr. Lee, shortly before noon to-day completed
ihe count of the vote of the Brotherhood on the
question of a strike to enforce the trainmen's, de
mand, and informed Mr. Atterbury that the
total vote canvassed was 8,976, and that 8,365
had been cast in favor of a strike and 611
against. Of the total number 7.500 are mem
bers of the Brotherhood and the remainder are
non-order men, who for various reasons, such
hs time of service and Injuries, are prevented
from being members of the union. These men
were also permitted to vote, and only sixty-four
expressed opposition to a strike. Should a
strike be declared by the board to-morrow it
will affect freight brakemen. yardmen, baggage
men and some freight conductors on the lines
•*st of Pittsburg and Erie.
Mr. Lee, in stating the trainmen's side of the
case, said:
No other railroad company in this country or
Canada has ever asked a brakeman to fire a
locomotive. On all other lines firemen and
brakemen are carried in separate lists. It is
the desire of the Brotherhood men that they be
kept in separate classes.
The whole trouble originated in the laying- off
of a forward brakeman of each crew by the
Pennsylvania Railroad some months ago. Be
fore that time the company's freight crews gen
erally consisted of one more brakeman than the.
number carried by other railroads. When that
was the case the trainmen made no objections
to the practice of the front brakeman assisting
the firemen, but when the extra brakeman was
taken off the men raised serious objection to it.
The objection is very largely due to the fact
that the brakemen dress to withstand cold
weather, and when they are compelled to alter
nately fire and brake they subject themselves to
the risk of contracting pneumonia, or. at the
very least, heavy colds.
It Is true that General Manager Atterbury
made certain propositions, one of which was
that brakemen doing firemen's work on stipu
lated grades, more particularly of the middle
division, and for stipulated distances, should be
paid firemen's wages for the time they were
actually engaged in firing. At the time of our
last Interview, on January 7. Mr. Atterbury
asked me if this proposition, together with
another one that the time during which the
brakemen fired should he added to their senior
ity records for promotion to firemen, would be
submitted to the men on the ballot which we
had then prepared.
I offered to submit the proposition If the com
pany would agree to pay the extra expense of
printing a new 'ballot, which would be about
?. r >o, and also pay the expenses of the committee
representing the Brotherhood, which numbers
about eighty men. and which would amount to
about $400. This proposition Mr. Atterbury
■ firrr.ly ■ linM to entertain.
Mr. Atterbury*s offer to pay the extra wag*
for such times as firing was done on the middle
division from Harrisburg to Altoona would net
them but a small money return— not over §1 50
a month in many cases. From Tyrone to Hunt
ingdon Is a distance of about twenty-eight
miles. A fireman's pay is .<" «"•<* for twelve hours.
A brakeman receives $2 .">.°, for twelve hours'
work. Ordinarily the run from Tyrone to Hunt
ingdon would be made in about two hours. The
difference between the pay of a fireman and
that of a brakeman Is about 4 7-12 cents an
hour, Consequently, a brakeman compelled to
assist In firing a locomotive would only receive
an extra compensation of about 5) 1-6 cents for
his two hours' work as a fireman.
It is not a question of remuneration, hut th*
brakemen are unwilling to perform the duties of
another (lass except in some extranrdinary
emergency. If the brakemen are compelled to
perform the duties of a fireman In times of
peace, what are they to expect in the event of
a strike of locomotive firemen?
General Manager Atterbury at 11:30 o'clock
to-night issued the following statement in the
form of a general notice to trainmen:
Certain matters relating to the duties of em
ployes In the train service have been the subject
of discussion between the committee represent
ing the trainmen and myself. Careful consid
eration has been given to every point raised.
The replacement of the brakemen who were re
lieved during the last summer is not at issue;
that question is not the subject of controversy.
So far as the reduction in the number of brake
men is concerned, the committee without dissent
repeatedly asserted thai the company had un
disputed rights to determine the number of men
who should constitute a crew.
This leaves the question of assistance to the
firemen by the brakemen the only one now un
settled. At a meeting with the committee on
January 7. 1903, I submitted the following:
"I will not require the braksmen to assist fire
men except on such divisions as. in the Judgment
of the division superintendent, it may from time
to time seem necassary to give the firemen some
assistance, the amount of such assistance to be
decided by the division superintendent."
Between specified points and for the time
they are required to tire, the brakemen will be
paid the same rate per hour as the firemen mot
the firemen's rate. In addition to the brake
men's rate, as covered by the request of th»
committee, nor is the amount to be paid to the
brakeman for assisting the fireman to be de
ducted from the wages of the fireman).
During the time that he might be firing; In
accordance with Instructions. the brakeman will
be relieved of his duties and responslblltiee as
a brakeman.
In the event of h ; electing to become a fire
man, and' he is otherwise suitable, he will be
given credit as to his seniority among the fire
men for the time he has actually fired while
employed as a brakeman.
I requested the committee to submit this
-ition in the circular which I was informed
was to be issued. It was my desire that our em
ployes should have all of the facts fairly pre
sented to them, but my request was denied. I
was informed that a circular had bees, prepared,
was in print and ready fur distribution among
the trainmen.
I am convinced that many of our employs
■ i informed as to the real question at issue,
and that the cass was not fully i
Th* circular to the trainmen calling for a vote
introduces the question of reducing •
of brakemen. which was not in controversy, and
ignored the proposition which I requested the
committee to submit.
General Manager.
Official* of the Pennsylvania Railroad at mid
night expressed the belief that there will be no
strike. They felt thut the difference between
♦he company and the men will be. settled with
out a resort to extreme measures.
Announcement wa* made late to-night at the
Pennsylvania Railroad offices that the proposi
ton of the board of adjustment for the ■
yard wages submitted to Mr Atterbury fur • >>n
ductors and yard brakemen a.t Jersey
Harsimus Cove, Mea .
and Waverly yards h.a,» bex ted by Mr.
Atterbury- The proposition lncreaaed thy
of night conductors to .'!1 cents ati hour, daj
ductors to 1R» cents an hour, night brakemen to
f a.n hour, and day brakemen to 'M tents
an hour. Ten hours are to constitute a day's
work, ajid overtime is to be paid at regular
hourly rates.
This proposition wm submitted to Mr. Atter
bury some time ago. and he finally agreed to it
A «luggl«h liver causes dlssy headache*. Try
Laxatives. Perfect relief. No discomforts.
Article* of Impeachment Approved
by Close Vote — Exciting Session.
Washington. Jan. IS. — Amid intense but sup
pressed excitement, with the membership of the
lower chamber so evenly divided as to render
the verdict uncertain until th» Speaker an
nounced the result, the Bouse to-day voted to
support all th» articles of impeachment against
Judge Chart* ■ Swayne, and he will be ax
raigned before th*> bar of the Senate, charged
with high crimes and misdemeanors.
As the hour of 3:.T0 approached, when th« Tote
was to be tak»n, the chamber filled, every mem
ber now In Washington occupying hi* seat, while
the galleries were crowded with a curious and
expectant throng, attracted to the scene by the
rarity and gravity of the proceedings. Members
provided themselves with roll calls, preparing
to mark e.-\ch vote as it was recorded, and when
j the Speaker's gavel ended Representative Palm
er's closing l lea for the adoption of th*» articles
of Impeachment the two sides lined up for the
final struggle.
Be close was the vote on Representative Little
field's motion to table, which carried with It a
practical acknowledgment of the failure of tha :
evidence to sustain the charges, that a change
of fotfr would have meant the partial and pos- I
sibly complete exoneration of the accused judge. (
so far as the House was concerned. Tha first .
three articles of impeachment covered the charge ;
of overcertlflcation of expenses, and It waa en i
these that the friend* of Judge Swayne elected !
to stand or fall. While they gathered rewJwwa \
hope as the vote proceeded, because unexpected ;
recruits rallied to their support, the result dis
closed that the Palmer forces were victorious la !
their first assault, and the friends of Judge i
Bwayns were forced to beat a retreat. Sabae- .
quent ballots on succeeding articles of impeach- j
ment Indicated the gradual disintegration of the !
Swayne supporters, although in the final votes i
their defiant "noes" echoed through the chamber. •
Arrayed against Representative Palmar la his j
fight for the adoption of the entire twelve arti- {
cles of impeachment were the leaders of the i
Republican side of the chamber, among 'Whom i
were numbered the foremost lawyers of the j
House. Their legal arguments were regarded
as a strong presentation of the weakness of the
evidence against Judge Swayne and as pointing
oat the difficulties of sustaining Impeachment |
proceedings before the Senate on. the testimony }
in hand. A large proportion of the Republican !
! membership of the House had rallied in support •
of this contention, but the solid vote of the ml- :
nority, combined with those Republicans who>;
believed that a case had been made, was suffl- '•
cient to accomplish their defeat. Considerable
feeling was engendered as the first vote was j
taken. Mr. Palmer openly charged that a prom- ;
inent New-England member had disregarded his
pair and voted. The Representative in question j
admitted that he had voted, but declared he had'
| done so under a misapprehension, and ■withdrew j
his vote. After that, so closely were the lists
scrutinized that it would have been impossible I
for ■ member to record a vote for or against
the adoption of the articles of Impeachment If
any reasonable objection to his so doing cculd '
have been sustained.
The debate to-day was chfefly notable for the
closing arguments. That for Judare Swayna
was made by Mr. Qlllett. of California, and that
for Impeachment by Mr Palmer, of Pennsyl
vania. Mr. GUlett made an earnest plea for th«
judge, and Mr. Palmer spoke strongly for purity
on the bench and for Impeachment.
Mr. Littlefteld'fl motion to table the first threw
articles was lost. 165 to 160. Speaker Cannon,
had his vote recorded for the motion. Three
Democrats — Bell (Cal.). Moon <Term.). " and
Thayer (Mass.)— voted to table, while twenty
four Republicans voted against the Littlefleld
motion. They were Bede iMlnn*. Cooper fWls.),
Darragh (Perm.). Dayton (W. Va.). Driscoll.
>.\~. V i. Gibson (Term.). Haugen (Iowa). Holll
day (Iowa), Jenkins (Wis.). McCarthy (Neb.).
Olmsted (Perm.). Otjen (Wis.), Palmer (P«nn.>.
Pearre (Md.), Perkins (K. V.). Roberts (Mass.).
Smith «Iowa). Spalding (N. D.). Sperry (Conn.).
Stafford (Wis.). Thomas (Iowa), "Winger (Perm.),
Webber (Ohlo>, and Woodyard (W. Va.),
Messrs. Cockran and Goldfogle. of New- York,
voted, '"present." as did Hushes (W. Va.7,.
Wachter (Md.). and Wilson (111).
Mr. Palmer at once moved to adopt the flrstt
three articles, and this was agreed to. 165 yeas*.'
160 nays.
Mr. Palmer then moved to adopt the fourth
and fifth articles, relating to the use of the pri-'
a ate car of a railroad, for which Judge Swayna
had appointed a receiver. This vraa carried by
a vote of 162 to 13S.
The same motion was made with reference to»
Articles C and 7. charging Judge Swayna with;
non-residence In his district. Mr. Littlafleld ee-.
cured a roll. .ail on this motion. It was adopted.,
ir>.S to 137.
Mr. Palmer at once moved the adoption of Ani
tides S. 0. 10 and 11. relating to the Davis-Bei*
den contempt cases. A rollcall was not demand-*
cd. and it was declared adopted on a viva voter
vote. The same motion was made with respect l
to Article 1-. relating to the O'Neal contempt 1
proceeding?!, and It likewise was adopted. j
Mr. Palmer offered a resolution empowering*
the Speaker to appoint seven managers on thSJ
part of the Hous* to conduct the impeachment!
proceedings. This was adopted without objeo*
tion. He followed it with another resolution est«j
powering the seven managers to present the ar»
tides of impeachment to the Senate in the name
of the House, and of all the people of the XTattt<V'
States. This resolution also was adopted wltfe«
out opposition, whereupon th« House at 3:40h
o'clock adjourned.
Szcayne Impeachment Will Ha
Disastrous Effect in Congress. J
Washington. Jan. IS.— necessity of lav«.
peaching Judge Charles Swayne before the ba» .
of the Senate promises to prove disastrous to a
large part of the legislation already proposed or
expected at this session of Congress. Only
thirty-eight legislative days remain before the
expiration of the sSth Congress, and It is inti
mated that not less than fourteen days will bo
required to try Judge Swayne on the articles of
impeachment adopted to-day In the House.
As every member of the Senate wilt have te>
act in the capacity of judge and Jury on the)
Swayne case. It is Impossible to obtain express
slons of opinion regarding the outcome of the
approaching trial, but it is manifest that th»
small majority by which the charge* were
adopted In the House will have Its effect on the)
members of the Senate, and will render doubly,
arduous the task of those members of the House
charged with the prosecution. There are for*!
mal "rules for Impeachment" la the awaats
Manual, and these provide for the Institution of
the trial on the day following the presentation
of the articles of impeachment and for daily
sessions thereafter, but practically every nil*
contains the clause, "ill— otherwise orders

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