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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, May 04, 1905, Image 1

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V OL - LXV X° 21,354.
"NAN" PATTERSON WINS..
JURY LS DISCHARGED.
fail to Agree at -2.30 o' Clock This
Morning — Faints.
At £ ; ;;ft o'clock this morning- the jury selected
jp decide whether or not Miss "Nan" Patterson
-jMdcrcfl Caesar Young reported to Recorder
Gc j that they were unable to agree* and was
fljFeharsod.
Recorder Gcff went back to the Criminal
Courts Building at five minutes] after midnight.
He arrived in an automobile and the crowd, for
ecrre reason, failed to recognize him. He was
passed through the crowd easily and went up
stairs to his private chambers.
He lent no word to the jury that he had ar
rived and made no official announcement that
y e was waiting. He sat down to read, as If he
intended waiting: all night for the verdict.
from five minutes after 10, when the jury
.turned from dinner, until after half-post 12,
r.ot a word or sound had come from the jury
TOO and no one knew what was transpiring
tiiere.
I—l Tl:0 jurymen filed into the courtroom.
Recorder Gofl was sent for. He asked where'
tfce defendant was. He was told by Deputy .
Sheriff Kelly that she had been told to appear,
ylie Recorder Bleed why she had not been
brought In and Kelly replied that she had been
jn bed and had complained of feeling ill, but
that she was being dressed. He said she would
appear in a few minutes.
It was believed that a verdict had been
found ar.3 that it would be rendered the instant
the woman appeared In the courtroom. When
she appeal' l the jury told Recorder Goff that
they QOUld not agree on a verdict. He sent :
them back to try again.
The prisoner collapsed in a dead faint as the. I
Jnryineri w^nt back to their room.
Scenes of unusual excitement marked the- i
closing hours of Miss Patterson's trial. Not. j
cr jy was the courtroom in which Recorder Goff j
cohered the charge to the Jury packed to its j
utmost capacity by persons who seemed to have j
an almost fanatical eagerness to observe the |
■woman on trial for her life, but a crowd of
a few thousand persons kept watch outside of
the Criminal Courts Building. It was necessary j
to have mounted police on duty in Centre-st. i
jnost of the day to prevent the cars from being |
blocked.
- t of interest for the outside
( - . was the Bri ige of Signs, which connects
the Criminal Courts Building with the Tombs,
gad ti wore kept turned toward
I ridge during most rt the day and evening,
a that Miss Patterson, walking
-.-st.. m *• l show herself at one of
the windows of tho bridge.
' Miss Patterson seemed to be calm and hopeful
as usual when she appeared in the courtroom
to hear the Recorder's charge to the jury. Her
/li father, who was present, and her counsel
showed more nervousness than she did. In be
ginning his charge the Recorder apparently
thought it was necessary to warn the jury that
there was no cause for excitement in the case.
He said:
Now, the tase itself has nothing extraordinary
I- it. . So fa* as jt,"l testimony goes, two per
sons most spoken ct during the entire proceed
ingr the deceased, a mail <&■*£&. name of Young,
a racetrack man, hod this defendant to live with
him as hip mistress. The man's death, because
at the personality of this man Young, had noth
ing In It to excite your passions or your preju
dice. He was a mere gambler, a racetrack man.
Therefore, - you should be able to consider the
facts calmly, without prejudice and passion.
After talking to the jury about tho degrees
5? mar and manslaughter, and denning what
Reasonable doubt was, the Recorder said:
I understand that there Is no claim on the
Bart of the defence that if the defendant com
mitted this homicide it whs either justifiable or
excusable. I also understand that the defence
claims that the crime was murder in the first
degree or nothing. But, gentlemen, you are not
bound to accept the arguments of counsel as
to what the nature of this crime is. You are
the judges of the facts, if there was murder,
and what degree of murder there "was. You can
decide, absolutely disregarding the claims or
arguments of either counsel, what degree of
crirr.e was committed. If any, and bo bring in
your verdict.
rder said there were two versions of
S of Young to be considered — one
• • ; -he other that he was
• ■• —and he continued:
I evidence In this case is
tstructlons, one being that
; shot himself and the other that
Im, you are bound to give
vorable construction.
Id relating to the motive
■ :•. The prosecu
□ • she ahot the man because he
;■ as bis mistress. Hut it Is not
• •• n otive In a criminal case to
:■. If it Is shown that a motive
Is to support the circum
. . be proved, not imag
; ;. . >ntlon of the de
ed nhol hin..self. then
• .m fit of the doubt.
■ reJ th" Bhot without
to k!!!. but in a moment
- . may find her guilty of one
frees of manslaughter. In reach
■.u must not be swayed by
Suences,
arge at 10:45 a.
■ ben the jury r^-
Miss Patterson was taken back to her cell In
the Tombs as soon as the jury went out. The
fact that the jury hnd retired soon became
known to those outside the building, and
the crowd Increased In size until at one time
as many as five thousand people were watching
the Tombs and Bridge of Sighs. Recorder Goff
had the courtroom cleared, and gave orders
that no persons other than the newspaper men
end the counsel on both sides should be admit
ted If the jury returned In a short time.
The- jury soon went to a restaurant in Park
Roy.- for luncheon, escorted by a squad of polic3
and followed by the crowd that had collected
In ... When the jury returned from
luncheon it was necessary for the police to dis
pense another waiting crowd to let the jurors
enter th* Criminal Courts Building. The jury
began deliberations again at 3:45 p. m., and at
that time there were ports that • majority
had voted for acquittal, but that* several of the
jurors were holding out for conviction on one
of the degrees of manslaughter.
Mr. O'KHlly. one of Miss Patterson's counsel.
went to the Tomb-: tnd read to her letters of
sympathy which bad been received from many
persons whose Internet had been excited by pub
lished reports of the trial. As the aft-rnoon
and evening wore on she made repeated isjuiriea
about the jury. At 35 p. m. the jury sent for
some of Young's clothing; which was in ">
dr.nc*. also for the revolver wlth*>hleliihetw«"
shot; and for the skeleton which was uyd th
the irio! by th- prosecution to demonstrate the
li ;IJ'Sy } vlt a ir^ restaurant In
£2S£ o^t^m wtre for<ed blck hy
the pojice.
Ann ,!. "- Ch A^ "•*• lb#
fctcfaba:i xaxaous. li is the best.— AGvu
To-dny, fnh\
To-morrow, portly cloudy; frr«h •ontnwvst winds.
MAYOR M'CLELLAN STARTING OS A TRIP IN HEALTH DEPARTMENT'S NEW AUTOMOBILE AMBULANCE.
RIOTING GROWS WORSE.
WILL ASK FOR MILITIA.
Business Men Declare Police Cannot
Handle Chicago Strike.
Chicago, May 3.— Rictincr in the streets to-day
In connection with the teamsters' strike was so
prolonß*£ nn.l fo fierce that many of the leading
business men have concluded that there will
be neither peace in tho city nor safety for busi
ness Interests until the Ptate militia has been
called out to restore order.
A committee of members of the Kmployers'
Association left here for Springfield to-day to
confer with Governor Den 'ea and to request him
to order out the State troops. The labor unions
have several representatives at the Ptate capi
tal, and it is likely that they will also be heard
before any action is taken by the Governor.
Chief of Police O'Neill says he is confident
that he has control of the situation and can
keep peace in the city. Mayor Dunne supports
him in this view, and has declared that, in his
opinion, the emergency' haa- not arisen requir
ing tile presence of troops. On the othor^iand,
business men point to th© long list of injured
which marked the rioting of yesterday and tho
greater number of persons who were hurt to
day, and declare that this list of injured alone
Is sufficient proof that the Police Depart
ment is not sufficiently strong to cope with the
situation.
No complaint is made against the Police De
partment, for the men have dispersed every
mob with which they have come In contr.ct, and
have guarded wagons night and day with the
greatest vigilance. But despite tho utmost ef
forts of the police, fighting continues In tho
streets and is. If possible, more vicious on each
succeeding day. While policemen have been
able to disperse moba «nd guard wagons, they
have not been able to prevent the many attacks
that are made on non-union men In the buslm-ss
portion of the city alono. The situation, business
men say, trill be tenfold worse when express
■wagons and retail delivery wagons are sent to
remote parts of tho city.
RIFIJE9 CARRIED ON WAGON 3.
Despite the orders of Mayor Dunne, meny
wagons of concerns against which strikes have
been declared were handled to-day by men
armed with rifles and shotguns.
The first rifle shot fired went whizzinj? through
a crowded thoroughfare to-day. The shot was
fired by a guard on a wagon of the United States
Express Company while it was passing through
a crowd of strike sympathizers at State and
Randolph Ms. In driving past tho corner tho
driver of the wagon reined his horses suddenly.
A guard within the wagon poke 1 his head m-
Btently from the wagon, and, peeing- a streetcar
conductor stooping cis though to throw a mis
sile, pulled the rifle trigger without the slightest
hesitation. N"o one was hit, and it was said lat.e;
that th'? conductor, who narrowly escaped death,
wan intent solely on his legitimate work of
"throwing a switch."
The request of the employers, made to-day,
that the police be allowed to ride on their
wagons was refused by the Chief of Police.
Positive orders were issued that In no circum-
Btances must the officers mount the wagons, and
they will continue to march abreast of the
wagons on the street, or keep along with them
while walking on the sidewalks.
The order. Chief of Police O'Neill explained,
was simply intend* d to ward off criticism.
While the officers might do just as good work
while riding on the wagons, the chief declared
he did not Intend to have it said of the depart
m snt that it was showing partiality or guarding
private property especially.
ARMED WAGONS NOT TOUCHED.
One hundred and fifty wagons of the .seven ex
press companies went to and fro ai-roes the city
to-day. In many Instances completely unguard
ed, and at no tiny under the supervision of
more than one or two policemen. Every wagon
carried a guard p.rmed whh a rifle or double
barrelled shotgun The guns were In plain evi
dence throughout the day, and no attempt was
made to Interfere with any of th>> express
wagons.
The trucks of the Scott Transfer Company
•.-.•en- guarded In the Ban* manner. Men
carrying rifles were on everj wagon and around
t!:<-lr waist.-- were belts loaded wit
The company transacted Its business as though
there bad been no strike against it. Mr. Scott
to-night was elated over I "' the d;i >'-
••I have ■-"-" '■ : - " :inil tl:l ' In ""
jority of them wen
t l „ m en who I i tidied tbi m, an 1 I ***
continue to do so. My wago
and )f they are I prop< se to ;
>ero."
. , them aba before.
Lerswas
« oulliiiK.l on MCOOd !»"({■
AT NUMBER 400 FIFTH AVENUE
. „..,. w . lfc h. Kxtr.-mely reasona-
NEW- YORK. THURSDAY. KAY 4. 1905. -SIXTEEN PAGES.-^tJS^VJS.** PRICE THREE CENTS.*
AMBULANCE FOR MAYOR.
Rides on Driver's Seat, Though,
Not Inside.
Mayor McClellan succumbed to the blandish
ments of Health Commissioner Darlington yes
terday and rode uptown in the new city ambu
lance. Commissioner Darlington made a special
trip to the City Hall on Tuesday and another
yesterday afternoon to urge the Mayor to ride in
ill' 1 ambulance. The suggestivsness of a candi
date for re-election riding in such .'l vehicle bore
heavily on the imagination of the Mayor, and
on Tuesday he would not take the trip. Com
missioner Darlington is a persistent man. how
ever, end when ho reached the City Hall yester
day he was fortified with a good argument.
"There is no omen in the action of a man
when he pimply sits on the front seat of an am
bulance," said hs. "The 'dead' mat: never sits
on the front seat."
When the Mayor got through with all the
work that he could force into the day the Com
missioner was on hand to escort him to the
ambulance, sequestered at Worth and Elm sts.
There was a goodly number of spectators on
hand when the Mayor, after a brief inspection
of the machine, mountod to the front seat and
v.as whisked away around into Centre-st. and
thence to Waveriey Place and I.roadway. The
Mayor did not take the chance of startling any
of the people at his home by riding up to his
front ucor in the ambulance.
"little Tim" Sullivan was kept busy explain
ing to h!a colleagues in the Bowery district last
night that riding in an ambulance was all right
If you rode on the front beat.
The ambulanca is a large red one, with the
initials "H. D. N. T." on Its sl(>. The machine
la an American Mercedes, built by Daimler &
Co., of Long Island City. Its cost was $4,000.
It Is of 30-horsepower asa is geared to travel
twenty-five miles an hour. The ambulance will
be used exclusively for contagious diseases In
Queens, where lon£ distances must frequently
be traversed. Tho department has had great
difficulty In keeping horses in its service there.
RICH LONDONER ROBBED.
Loses Purse Containing $1,000 and
Valuable Tickets.
Edward Faxton, said to be a wealthy I^ndon
er, who arrived here yesterday on the Oceanic,
lost his pocketbook and a large sum of money
in Sth-ave. last night. Mr. Faxton is staying
at the Hotel Imperial. Ho had left the hotel
and was walking in front of the Holland House,
when a man brushed against him.
Shortly afterward Mr. Faxton notice:! that his
pocketbook, containing $1,000 in English money,
some business papers and tickets to San Fran
cisco, New-Zealand, and from there to England,
was missing.
GOULD FOR TEMPERANCE.
Forbids Sale of Liquor at W abash
Station in Pitts-burg.
[HT TELEGRAPH TO THE THinr.NE ]
Pittsburg, May .'{.— An order was received at
the Wabash office here to-day that there must
bo no liquors sold In the new Wabash station
here. Tho order came from George Gould, and
is In direct opposition to plans which had been
completed by Joseph Ramsey while president of
the Wabash. Already ono of Ramsey's men had
Becured a license for the new Wabash depot,
but it will not now be used. It will be the first
license ever granted and not lifted under the
Brooks law in Pittsburg. Licenses here cost
$1,100 and are h;ir<l to get at that price.
TRAIN ROBBERS SHOT AND KILLED.
Desperadoes Who Held Up C. P. Express Run
Down by Posse in New-Mexico.
[Bt TKI.EORAPH TO THE TBIBTNK.J
Winnipeg. May 3.— The Hst chapter in the
Mission Junction holdup has been written, and
the bandits who held up the Canadian Pacific
transcontinental express are cloud, according to
B dispatch received here to-night from Sebar, N.
M. The Write* boys, two of the most daring crim
inals In the West, robbed a saloon at Lordisbiirg,
N. 11., on March 15, the barkeeper being killed.
A posse started in pursuit. ;m<l rift*»r a hard
Lhe bandits were shot down. "Bill* 1 Miner.
the otl er participant In the train robbery, is still
at large. George Gates was twenty-two years
old and his hn>t!ier Vernon was twenty-six.
They were sons of a well-to-do miner in
LIONEL BARRYMORE QUITS.
[HV TEUSSBAPII TO THE TSJVtnCK.]
er. May !• — Because Charles Frohman re
fused to advance bin H. 600 <<n hie salary i,io nt -i
rown up his engagement in ••The
Other Girl" and ■tarted for New- York. Barrytnore
phed for the advance from Colorado Springs
last Saturday anc r v. ■ on the way to
Denver, Barry more announced that be would quit.
of the company begged him to
„,.,,. ( |.. refused and the manager advised Froh
,, i,,. could not keen Barrymore oak
advance was granted. Frohman uguin refused the
and an understudy took Barrymorea role
at tho Broadway Monday j.lght. I
RESIGNS HYDE TRUST.
ALEXANDER BLOCKS SUIT.
Tells Company Trustees They Had
Agreed to Every Step He Took.
Driven by accusations of breach of duty. James
W. Alexander resigned yesterday as trustee of the
Equitable stock in the estate of Henry B. Hyde.
Hyde partisans have declared recently that a suit
would be bes-im to compel Mr. Alexander to resign.
In his letter of resignation, addressed to James
H. Hyde and William H. Mclntyre as co-trustees,
Mr. Alexander answers the accusations as follows:
Referring to the agreement of September 17, 1895
In which i was named as one of seven trustees of
the majority stock of the Equitable Life Assurance
Society I hereby resign as one of said trustees, and
request' an immediate acceptance of my resignation.
The powers and duties imposed upon the trustees
under the agreement are purely nominal. All the
trustees other than myself named In the original
agreement have ceased to be trustees, either under
the operation of the agreement or by resignation,
and, although I have hitherto be/in willing to con
tinue in my nominal relation us a trustee of the
subject matter of the agreement. 1 now feel ai
liberty to relinquish even this slight relation in
view of the wholly unjustifiable charges so widely
circulated by you that I have been guilty of a
breach of duty as such trustee in advocating the
admission of the policyholders of the Equitable Life
Assurance Society to some participation in its man
agement. of the late HenrjTß. Hyde In making
The purpose of the late Henry B. Hyde In making
the agreement referred to was to. prevent the con
trolling interest of the stock of the Equitable from
being sold. This is manifest from the terms of the
agreement, and until June 6. 1906, when James H
Hyde becomes thirty years of a**', and the agree
ment by. Its terms expires, this purpose is unaltera
bly accomplished.
The agreement, while apparently Investing the
trustees with certain voting powers, left their ex
ercise entirely subject to the will and consent of
James II Hyde. In the second paragraph of the
agreement this provision is contained:
"After the said James Hazen Hyde shall attain
the age of twenty-one years he shall be empowered
to vote on the said snares, and shall receive and
hold the said proxies and powers of attorney; and
the powers conferred on the trustees under this
paragraph shall be operative only In case of the
refusal by the said James Hazen Hyde to act. or
In case of hie Inability or absence from the t'nited
States."
There la further provision In the fifth paragraph
of the agreement emphasizing James H. Hyde's
control of the trust. The provision I refer to is
as follows:
."After tho said James Hazen- Hyde shall attain
the age of twenty-one years, no vote shall be cast
On th • said shares at any election of the Equitable
Assurance Society, except for a person approved
by the sntd James Haxen Hyde."
When tho suggestion was first made In the pub
lic press that I had T>een guilty of some breach
of duty under this agreement, I considered the
charge too preposterous for reply. I at once re
ferred the subject of the agreement and my duties
under 14 to counsel, who advised me that not only
was my course in connection with the mutuallza
tion of the Equitable Incapable of being construed
ns a breach of any duty under the agreement, but
that it was Impossible to conceive of any violation
of duty to the beneficiary of the trust, by reason
of the peculiar character of the agreement. rn>'
constant repetition, however, of the charge that
I have committed some breach of duty as a
trustee connived at by you lotwithstardlng your
knowledge of the terms of the agreement makes
it permissible, not to say necessary, that T should
state the provisions of the agreement. The so
called trust stock is in your possession; every
function •with relation to it purporting to be con
ferred upon th« trustees under the agreement is, in
reality, exercised either directly by James H. Hyde
or subject to his approval, and I may add that no
step has thus far beer, taken that can be claimed
to have any effect on the value of the trust stock,
which you" both have not concurred . -in, •by your
rpcordod votes.
According to last night's lndieutiohji It' is the
of probable that James H. Hyde, James W.
Alexander and Gage K. Tarbell will appear before
.■ Biscboff next Thursday to testify about, the
amendments to the charter of the Equitable Life
Assurance Society adopted on March ZL :i< required
by the order signed yesterday at the. request of Her
bert '".. Tuil. of Philadelphia, a policy holder of the.
society. Evidence 1h not wanting that the order will
be stubbornly contested, and. if legal tali nt proves
of any avail, will meet the fate of similar orders.
•'Any one can get such an order signed any day
In the year," was the terse comment of on» of the
defendants' frif-r.ds.
The executive committee of the National Associa
tion of Insurance Commissioner! is to meet at the
Hoffman House to-day to discuss the advisability
nf a formal Independent Investigation.
In regard to the various reports In circulation
It was declared yesterday that the Ktfjuitable'fi
loans to Us directors were less than $3i>»."oi«, and
its bank and other loans were less than $12,000,000.
It was stated by a Hyde partisan that the.
Krick committee's report would probably not
be ready for at leact another week, that It prob
ably would not be published In sections, and that
when it eventually did appear, it would prove Mr.
Hyde to have been a much maligned man. The
report of Superintendent Hendrlcka may. after all.
it was aaid, be Issued first
R. C. Folk, of Tennessee, and EL R. Prewltt. of
Kentucky, representing the executive committee
of the National Association of Insurance Commis
sioners, cal ed on Mr. Hyde at the Equitable Build
ing, A brief conference over the situation fol
lowed. After the conference the two commission
ers made an informal examination of the affairs
of the Equitable, looking into the litigation in
which it has been involved by the Alexander-Hyde
fight, especially the Lord suit.
Th.- commissioners are empowered to make a
general Investigation, to call officers of the so
ciety, and to examine the books of the concern.
They declared, however, that they would not de
termine on any such formal Investigation until
to-day.
While nt the Equitable offices the commission
ers called on Actuary \'an Clse. They stated on
leaving the building that both Mr. Hyde ami
Mr. Van Clae had Invited them to make a thor
ough investigation of anything they might b« In
terested In. Offering to assist them In every possi
ble way. Superintendent Hendrlcka is in town
and may attend to-day's meeting. He declined yes
terday to discuss Equitable affairs.
Justice Blschoft signed an order directing Meura.
CONFLICT THICKENS AT ALBANT
POWER MEASURE PASSES THE SENATE— GAS LEGIS
LATION FOR THIS CITY HANGS IN BALANCE.
Crowding Through the Mortgage Tax and Other Bills Part)/ Linen
Drawn on Halting Members.
Ibt nuMßara to the tkib: •
Albany, May 3.— It was reported late to-night that the Republican
leaders had secured the pledge of three more Republican Senators. Biown,
Davis and Cobb, and that this change would supply the necessary ■•>
the line-up for the gas bills at midnight showing twenty-fire Republican!
and one l3emocrat for the bill and thirteen Democrats and nine Republi
cans against it.
NIAGARA POWER "GKAB."
Passed by the Senate — Senator
Drescher Casts Decisive Vote.
[BY TELEGRAPH TO THE THIBrXE.I
Albany. May — Senator John Drescher, jr..
to-day passed the Niagara Power "grab* bill
In the Senate by changing his vote against the
bill of yesterday to an affirmative to-day. The
casting of the deciding vote was attended by
one of the most dramatic scenes of the session.
On the last rollcall yesterday the bill had lacked
two votes of passing, but Senator McCarren had
cast his vote against the measure for reasons
best known to himself and his associates, as it
was well known that his support in the end, as
In the beginning, was mortgaged to the bill. A
single vote was thus needed to pass this meas
ure, concededly the worst of the session, and
rumors of strenuous efforts to secure this vote
had been bo general and so sensational that
when the roll was called members and visit
ors sat with rollcall sheets In their hands wait-
Ing for the disclosure of the man who had
changed. When Drescher's name was called he
sat back and mumbled his vote so indistinctly
that many failed to note that he had not voted
against it as he did yesterday. As the close of
the rollcall and before the result was announced
Senator White arose and asked the President
how Senator Drescher had voted.
"How is the Senator from the 4th recorded?"
Every eye In the Senate chamber was fixed,
upon Dreseher, who in a low voice declared that
he ha-5 vote! for the measure, thus supplying
the necessary vote to make 26.
Not In many a session has there been a mo
ment of such intense excitement, for until this
declaration was made the Niagara Power bill
lacked the vote that held it yesterday.
Fourteen Republicans and twelve Democrats
voted for the bill. Senator Marks, Juige Victor
J. Dowllng's successor, casting the only Demo
cratic vote against the measure. Of the Repub
licans voting for the bill, nine of the fourteen
were of the number who last night bolted the
party caucus on the gas measures. These were
Ambler, Brown, Cassidy, Wllcox, Coggeshall,
Fechter. Gardner, L/Hommedleu and Prime, in
dicating the community of issues that attends
the legislative fate of both these measures. The
other Republicans contributing by their votes to
the passage of this bill were Senators Burr,
Fancher, Goodsell, Malby and finally Drescher.
who yesterday voted steadily agairst the meas
ure.
The proceedings on this measure to-day were
brief and the bill was disposed of in the most
businesslike fashion. Replaced on th» calendar,
after being temporarily checked last night by a
lack of two votes, one of which was In sight, the
bill was once more delayed by a little trick of
Senator Armstrong. When the bill was reached,
its introducer. Senator CassidT, started to press
a vote. Senator Armstrong arose and asked that
Senator Malby be excused from voting, as he
was absent. As Malby's vote was necessary to
pass the bill Cassidy promptly asked to have the
bill laid aside, and then by a resort to parlia
mentary tactics a vote was prevented during- the
day until the whole calendar had been disposed
of. Cassidy once more called up the bill and
moved "a call of the house," which was fol
lowed by a closing of th? doors and a search
for the missing members. Senators Allds anl
Grady were missing; the former was soon found
and the latter was excused. Over this excuse a
long fight was waged, while the opponents of the
bill attempted to break up the "close call." Sen
ators Eisberg and White both made motions to
do this, but the rollcalls showed that the- friends
of the bill were in control. But they still lacked
the necessary vote. On tho first motion they
counted -•'?. and on the second 2.", the number
that they had yesterday. Evidently the absence
of Grady was causing trouble, for Cassidy in
sisted that the Senator be summoned. While
Cassidy and L'Hommedieu. making no secret of
the fact that they were managing the campaign,
consulted in one corner. Senator McCarrrn raised
points of order to head off any attempt to defeat
the bill. Suddenly Senator L'Hommedleu made
the motion on which White and Elsber^ had
been defeated, and it passed with ■ rush.
"Makes a difference who puts the motion."
sneered Elsberg.
Without further debate the voting began, and
before the members realized that the finnl test
had come several names had been called. When
Drescher's name was reached he voted for the
bill in a voice so low that only the clerk caught
it. The rollcall proceeded and the excitement
grew intense. No one attempted to speak until
Senator Marks's name was called, and then he
rose and denounced the bill, saying:
This is the greatest piece of highway rohbery
that ever attempted to give away the prop
erty of the people of the State to corporations.
You people can vote for it and take all th*
honor you are entitled to receive, but I tell you
the Governor will never sign it.
No one else spoke, and the clerk went on
calling the roll in a monotonous tone to the end.
Delaying motions permitted Senator Brackett
to cast his vote against the measure, and the
clerk was heard to announce the result to the
presiding officer, and at the same instant Sen
ator White moved for a detailed statement, a
motion which directs the clerk to announce the
manner in which the Senators have voted. Evi
dently fearing lest he had some weakkneed
passengers in his boat. Senator McCarron ob
jected, but was promptly overruled, and the list
was read. Then It was that the Senate at large
first realised, that it was Senator Bracket who
hud furnished the vote.
As he leaned back uneasily in bis chair, scores
of people pointed toward him and whispered
comments to each other, and Senator White
asked th" question mentioned above. A secern!
later the passage of the bill by exactly the nec
essary votes woi announced, twenty-six voting
for the bill and twenty against it. The four
Continued on wonii page.
DEWEVS PURE WINES A GRAPE JUICE.
rneciialled for the v/f.xk and overworked.
H T Dewey A Son* Co., IM Fultun 9t.. Xew-York.
— AdvU
MAY DEFEAT GAS BILL&
McCarren's Test Vote Shores 23 for
and 24 Against.
[BY TRI.nSRAPII TO THE TKIBrNE.I
Albany. May H.— With millions at stall-*, th*
hotel lobbies thfongsd with the representatives
of great corporations, with the Republican lead
ers* from the Governor do wo rtruggliru; manfully
to meet the issue, a battle of titan k: proportion*
is being waged to-night, and th? sole issue is.
Shall the people of New-York City have cheaper
gas? There is no division of responsibility. The
Assembly, by a unanimous vot^, save in The
ccse of the State Commission bill, to-day passed
the seven measures that b»'on.r to the list cf
gas legislation, the Governor, by a special mes
sage, under hi-> own siscnatur-?. declarms m
formal, but no less personal, tan-?-* his convic
tion that the bills were nec;»sar\". anl th»
Mayor of New-York City by his own gas bill —
all these forces have declared themselves. The
-
Issue is plainly between tho people .»f city and
State alike, on the one hand, and tho forty-nine
State Senators, who must to-morrow <!e<-H«» the
matter, <>n the other. If they refuse Governor
Higsins will call a special session on Friday,
one minute after the present session expires.
Crowded into the next thirty-six hour 3 lies t*ie
outcome of r. battle which is ui".e»iualT.>J slnre
tK> days of Tweed.
Talk of "graft" and corruption, bribery and cor
poration intf-rest and influence la the sole topic
of conversation, and it is not strange that it
should be, for at this moment the votes of four
Senators will decide the- battle..
By the action of the Republican caucus last
night tv.enty-one Senators declared themselves
ready to abide by the decision cf th^ Stevens
committee. To-day on a test vot* a single
Tammany Senator and one more Republican,
absent from last night's caucus, voted with tha
men who are waging the battle for cheaper gas.
Three more votes will decide the issue. Last
night the same opponents of gas were fighting
for the passage of the Niagara "grab"; then they
lacked one vote; to-day they secured the vote.
If analogy were to count, gas would be beaten
to-morrow.
The period of reasoning and weighing has
ceased; notice has been served on the Republi
can Senators who have left the party ranks anl
fallen In behind Senator McCarren in the bait!t»
that the vote to-morrow will be final and those
Republicans who vote with the enemy will take
a final step. There are thirty-six Republicans
in the State Senate: one. Senator Hill, is in Eu
rope; another. Senator Barnes, is confined to his
bed. ami has been for two wejks. Of the th!rty
four that remain, twenty-one last night rallied
to the defence of th? plan laiil down by the Ste
vens committee, with the single modification of
a change in the prirc nf gn.« from 7." c°nts to S<">
cents, a chanare foreseen r.n>l discounted, when
the committee made its findings. One more Sen
ator McEwan, of Albany, to-day voted with tha
oth€rs on a test. Four more Republican votes
are necessary, and they must be secured from
the following list: Ambler. Brackett. Brown.
Cassiily. Cnbb, CogseshaU, Davis. Ffeichterj
Gardner, L»*Homnied!eu. Prime and WHeox.
Three of this list, Brackett. Davis and Cobb.
who voted against the XJagara bill, and have de
clared that they oppose only that portion of th©
gas legislation that affects a State commission,
may decide in the end to stand with their party
in this, its supreme fight of the session. So
much for the Republican side of the battle.
Viewed from tlv? standpoint of non-partisnri
desire to see the victory for gas legislation, there
has been hope expressed :hr<t the fourteen
Democratic members would furnish four votos
for the gas bills; hut this hope is hardly a
bright one. One man. Senator Jacob Marks,
who fought the Niagara bill to-day, who vote-1
with the Republicans to check McCarren's trick
this afternoon, will vote for the Stevens pro
gramme. For the rest, despite their protesta
tions, despite the fact that Foley. Cassidy and
Grsdy have all introduced gas bills, despite
the f:\ct that the T«rnniany Mayor stands
pledged to ~j-cent gas there is no perceptible
brei-.k In tho ranks.

I
Mention has been made of the fact that tnlic
of bribery runs high. In the Assembly it ha.s
been eurtomary to talk of votes for a measure
like th? Niagara power "'grab"' as betnsr worth
$7h*>. To-night In the lobbies of the hotels men
art- talking of $irMM*, $20,000 and $2r>.o«X> for
a single vote. The Assembly lobby has o.Tered
its largess, "contingent." that is. subject to tha
signature of the bill by the Governor, but thero
is no contingency here; the defeat of any onj
Of these bills by the Senate defeats it beyondl
all contingency. Before it can be revived tha
session will have adjourned, and an extra ses
sion will bring its own conditions. In the hotel.
working like beavers, are scores of corporation
lawyers, men Of wide reputation: they are rot
hamllinK the dirty money; they do not even
know Its price; they are conducting the ra
spectable end of the battle: but underneath the
surface th^re are scores of other men. whesa
faces are familiar in the lobby, who are seen
but seldom on special missions, who are here.
to-r.ißht in full force.
Of party ronf
-
trnor, the i
have i


The passage of the Niagara bill this afternoon
hna been a sad blow. Like the battle against
gas. this tight was conducted by Senator Mo-
Carrrn, ami the Republicans who followed his
lead to-day are not unlikely to follow it to-morr
ow.
The last skirmish toe!; place late this after
noon and resulted In a curious complication, Or
while the victory of vote was with McCarren.

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