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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, August 12, 1906, Image 1

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V^LXVI-.-^^LSIO.
lOOT UPHOLDS MONROE.
'peech AT MONTEVIDEO,
WWII Greeted by Cheering
' '-Crtfxds in Uruguayan Capital.
,a~* Aug . 11.— The entertainments
*** f«*iay for Mr. Root, the American
of Sta;e. embraced an automobile ex
*' tt * IJ visit to the breeding studs, a recep
•"^"i- municipality, a dinner" by President
*? "• a gal a performance at the theatre and
**"*£- of fireworks. Popular enthusiasm
»** ' and the visitors are being greeted
l^nrher* by cheering crowds.
€ f r * <> Q 0V e r nmer 1 t House dinner Mr. Root was
, ed in a speech by Minister of Foreign
***Romeu. who expressed the confident be
t the visit of t*e American Secretary of
!f *ou!d mutually benefit the relations be
**" jv, two countries. Replying:. Mr. Root
sft
„. _ os t gratifying to hear from the lips of
l'*i '•; masters of South American diplomacy
•* "ho }[n<)v\s the reality of international
"^♦-so just »« estimate of the attitude of
1< country toward her South American
*Th*f-eat fleclaratior; of Monroe, made in the
Jrfrvof UtlntAnierlcan liberty, was an as-
Zs'm to all the world of the competency of
f^n •mericans to p.) vein themselves and their
231b That assertion my country has al-
ruaintaiiieJ; and my presence here is, in
«i f&r the purpose <>f giving evidence of her
kief that the truth of the assertion has been
ESllllHtrii " If** i! 1 - the progressive develop
«£t*wWch attends the course of nations the
2«Di«of South America have proved that their
TKiraa! tendencies and capacities are and will
£«; and ever on in the path of order and lib
las hen to learn nor* 1 , and also to demon
cste our belief in tho substantial similarity of
•-•«;st» am) Rympathie- cf American self-pov
|Bjrepublics. You h-jve justly indicated that
<4t»*ji cothing In tne growing friendship be
tJKa our countries which imperils the interests
ef tSo» countries in the <~>l<J World from which
r? have dra'vn our language, our traditions anil
*c bases ■■' our cusi.>:n>- and our law* I think
InwviaWy b<^ raid that thosft nations which
jini?d their fe^h!" 1 < r >!<",nir-s on these shores, and
vbich we hav<- spa ?a«l so widely, have prof
it far more fr«m the- indonendence of the
jsKriian rcpubli'.s than ley would have prof
itedif their unwi*. system of colonial govern
str.t had been continued. In the establishment
c( tiifw free and Independent nations of this
tctinent they hive obtained a profitable outlet
ftr their trade. ejripl f >yineat for their commerce,
food for their people, and refuge for their poor
tad their surplus population.
~Te have done more than that. We have tried
Stt.thtir «perl!mi:tF In government for them.
The reflfx action of American experiments In
jovernisent his bf^n 'pit in every country in
lurape. without exception^ and has been far
ctrf effective in :ts influence than any good
<rja:!ty of the old colonial system could have
b«u. arid now <i>ir prosperity illy adds to their
pofpent}'. InterrourFe in trade and exchange
r? thought in learning, in literature, in art. all
til so their powers and their prosperity, their
fcttUectual activity and their commercial
Krergth. We 8ti!l draw from their stores of
realth commercially, spiritually, intellectually
nd {liVEically, and ire are beginning to return,
me in a rich measure, uith interest what we
hv? got from them. \\v have learned that na
tsnal aggrandiz^mT.: and national prosperity
« to be gained rath-r by national friendship
fes by national violence.
Tie friendship for your country that we from
fla Xorth have i«= a friendship that imperils no
form «f Europe: it Is a friendship that springs
tea a desire to promote the common welfare
B-aitnkir: . by advancing the rule of order, of
kßx, of humanity and of the Christianity
WA mak'« for the prosperity and happiness
rf ill mankind.
I: is cot as a mesefr.per of strife that I come
» yon. hut I am here r.s the advocate of uni-
friendship ar.d r» -op
m FOR SWEETHEART.
Mexican Wants- Heiress— Says Con
' sub Are Hiding Her.
IBy Ttl<rra;,: to Tr.e Tribune.]
Cincinnati. Aug. 11— Eduardo Mendoza. a
WjMhjr Spaniard of Mexico City, filed habeas
K-tus proreedinps hr*h -r* day to get possession
tf^hif sweetheart, .v n ... he declares, is unlaw
-n"r detained by the Mexican Consul in this
&T& T- She is Angela Arizmendi. daughter of a
rrathwit attorney of Mexico City and heiress
-te!Krov. n fight to ~l(JO,O00 the day she marries.
Ljttfcjl'ni-.rriage IWnse in his pocket. Men
{r a\i?ited the courthouse to Institute the pro
wSfflgs. and raved wheh he found that the girl
W4 Dot be brought io the courthouse imme
feWy M that he could marry her. The girl's
Ww objects to the- marriage. Mendoza says.
sU«Vtlat reason s , v her to New York six
SKths a?o. Mendoxa, ho followed, declares
hidden by the Mexican Consul in New
»•* for a Tnon!h. and was Inter secreted for
3 «!aal Period at Niagara Falls and Buffalo,
*J-)!X the Mexican Consul t!*f»re.
?OLK COMING ALONE.
ffijfot Be in Missouri Delegation
to Welcome Bryan.
ft Lm.i IBV T "'- ia "" ; '"' Th^ Tribune ]
tm IW " •~" 1 f:annot accompany the Mis
?S *™'*r u< - <J-se«atloo. but will go to New
ftatinr*^* u 'i' iSf -<i Governor I-^'.k to-day, at
*NU» t " 11 wi:<:l ssk^ l whether i.» would at
ttxi* Y " ik reception to William Jennings
kwi? rr T OUrl '"'''** ■''■'' >n ' w h«ch :s being recruited
FT,, = y Sr " ;i "- etone; a political enemy of
S Pr ,. * *" h *'^'"l to leave St. Louis on August
c *^xTiL*"' iM , t!Jt aiij " u thnr hls absence from the
"'%av '"*'""'" '"' f;i "'od by Stone's presence.
'«*i f. n */ p/>ak :i£ ''Piointments in Illinois and
Ff 'k > S>J;:f '-"• an<l 25.T explained Governor
1 - ir "" n ' ! to leave St. I«ouis in time to
It t*** V " TH O!1 l -- r ' rr - < ' r «in2 of Auru^l 30."
* f * I*m T^"' d io-day that Chairman Evans of
J»a «. o<:>ratif: tr!!<:i Commltt«i would not serve
tt-mber of Stone's oeleeatlon.
STEAL GUN FROM ARSENAL.
I Off Brass Cannon from Watervliei, in
the Face of Guards.
-Trey \- „
f1 - Ay X IL— TWlves entered the
ifect . ['■ the United States Arsenal at Water
**« ftV^"'^ and stole a brass cannon,
•tfeh ,(* feet in length, and estimated to
ft* iv? 1 **' pounds - The Gun «as lifted
Cfcfcj " 01 " Va3l at thft bank of the Erie
*;=!r e <i f Carrle<l avva >* by boat. It would have
<fctt*» OUr f fiVQ !nen to carr >' Uw gun this
*Wft« a V* " u!lar that lhe me:, «**
•fcoftr ' , "by the Guards. The command
«*<*..' u *™.int Colonel Ira MacNutt, or
- <«•** reported to the police.
!/O! /OU «-0 FIND ALLEGED IMPOSTOR.
?fOv i':eJ By 7>> * rrßph to Th " Trtbiinc.l
'in- It' AiJ " li.—A requesi v.as «-
* 3 *sa«\v"! ' CM ** of Polito here- to-day from
U **arch \ *" 1 - "' 1 '" '" : ■•' aid hlir. in
:4»«c.,: 4»«c., .., ln /'* m * t!t !f n of "Jvdson Willis
' Xi *y- il ° '" n Au> s usi 7 t«»!.r««ciired hltnsdt
'"•«!" •«!. t .> ij*™*" 1 : ' s s " n and "j'^iiied a marria
'-•- ii»'.- majTiajcc hi-.?
- T "-". -w. t „, XKW-VOKK. srXDAV. AUGUST 12. IJMW.-5 PARTS-FIFTY-SIX I'AGKK.
MARQUIS PARTLY SAKE.
t n < lid /'< ntid R turned in Case of
Ijord Toxcnshend.
London, Aug. 11— What In legal history will
be considered a celebrated case was concluded
to-day, when a Jury In the Hall of Lincoln's Inn.
inquiring, at the Instance of the official solicitor.
Into the mental condition of the Marquis Town
shend. returned the verdict that his loi*"2«hip
was eai>able" N t>f taking care of himself, being
danger* us neither to httnself nor to others, but
that he was of unsound mind as far as manage
ment of his affairs was concerned.
The case, which has attracted great public
interest, developed somo sensational as well as
unpleasant testimony. It was marked to-day by
an extraordinary incldertt. when the Jury, against
the wish of the judge. Insisted on hearing
Townshertis testimony in secret, even refusing
the request of the marchioness for pel mission to
be present. Then, befqie the lawyers' closing
addresses had been concluded, the members of
the jury announced that they had made up their
minds, and after the Judge's charge were out
only ten minutes.
It was alleged that the marquis was unduly
influenced by one Robblns. whom he had known
for fourteen rears, and the marchioness testl
fieV! that Robiiins's influence over the marquis
had brought about a separation between her
self and her husband soon after their marriage.
It developed also that the young marquis,
finding his estate heavily mortgaged, was per
suaded to seek a wealthy alliance, and one* wit
ness tfstifirti that his engagement to a rich
American heiress had been nearly concluded
when he became affianced to Miss Sutherst.
whose father.' a barrister, was an undischarged
bankrupt, but whom the marquis and his ad
visers believed to be wealthy. A Somerset House
clerk named Dunne acted as the marriage
broker. Lord Townshend signing a contract to
pay him 1O per cent out of whatever moneys
were received from the Sutherst family.
The marquis settled $12,500 on his wife, though
his direct income was only $3,«K)0, anli also
signed a deed giving $3,550 to Robblns. After
the marriage took place the marchioness and
her father agreed to advance or to procure the
advance to the marquis of $13T>.000, with the
marquis 1 ? life interest in the Townshend family
estates as security, and further agreeing to re
lease the marquis without charge If there was
male issue from the union within a year.
Judge Bucknlll severely condemned what he
termeJ the deceptions of the Suthersts, especial
ly as Mr. Sutherst was a barrister. The case
was notable for flashes of wit and humorous
incidents, in which the marchioness was prom
inent. In fact, the judge said if it were not
so periods the matter might be compared to
comic opera, recalling the fact that the marquis
was once detained by order of the lunaejk. com
missioners, and saying that when he wanted to
remain away from his wife, as she had testified,
she locked him in a room, and that now, when
all he wanted to do was to stay at home with
his wife, it was alleged he was a lunatic.
The marquis and the marchioness were most
affectionate "iuring the trial. Her testimony
strongly favored his soundness of mind, but
was bitterly against the alleged influence of
Robbins over him.
BRIDGE TERMINAL CRASH.
Four Persons' Hurt — Motorman,
Blamed by Police, Runs Away.
Four persons were more or less seriously in
jured yesterday when a Bushwick avenue car
crashed into a Reid avenue car at the Manhat
tan terminal of the Willlamrburg Bridge. Im
mediately after the accident the motorman, who
was responsible for the collision, according to
the police, disappeared.
Those who received medical attendance were
Meyer Schiller, of No. 176 Madison street; Alex
ander Schapero. of No. 195 Meserole street.
Brooklyn; Joseph Horowitz, of No. 393 Bush
wick avenue, Brooklyn, and Max Miller, of No.
534 Broadway. Wllliamsburg. They all received
bruises and cuts, but were able to go home.
When the cars came together the passengers
were thrown into a panic, which was increased
by the loud of broken glass. A large
crowd collected immediately, and the police had
a busy few minutes keeping the people back
fo that the ambulance surgeon could reach the
injured.
OFFER TO CONFESS PLOT.
Lawyers Say French Made It in
Feud Murder Case.
[Py Telegraph to The Tribune]
Beattyville, Ky., Aug. 11— Attorneys for the
commonwealth In the trial of B. F. French. John
Abner and John Smith here, for the murder of
J. B. Marcum, say to-night that Mr. Back, rep
resenting French, has asked that the prosecution
promise immunity to French, and that when he
takes the witness stand next week he will tell
of all the plots to assassinate Marcum in which
Smith and Abner were concerned. The common
wealth has brought out much important evi
dence incriminating French, and it is their belief
that either Smith or Abner will make a • lean
)>iv-ast of the affair soon, and that French :'ears
this. The attorneys refused to offer any induce
ments to get French to make any revelations.
MILK PRICES ADVANCED.
Exchange Meets Shortage by Irir
crease to Shippers.
The Milk Exchange held a special meeting
yesterday afternoon to raise the price to be
paid to the milk shippers. It was voted to raise
it from 21-..2 1 -.. cents a quart to 2% cents, the new
price to go into effect to-day. Owing to the
warm weather of the last week the demand for
milk was stimulated to such an extent that the
supply became short. It was so short that those
who had any surplus milk could sell It to other
dealers at the rate of $2 a forty-quart can. The
shortage^ was further Increased by the large
arr.ou:u of sour milk. The shortage in the ice.
supply has caused several of the railroad com
panies to reduce the amount of Ice in the milk
cars. As a result there has been much more
Four milk than usual In the city. On one day
last week It was estimated that as much as 10
per e~ni of the city's supply was spoiled.
The Increase In the price paid to tha ship
pers will result In an Increase in price to the
consumers of milk sold from the can In the
tenement house district. One large dealer said
•hat the wholesalers would have to put the price
up half a. cent a quart. . The margin of profit
would be practically wiped out if it was not
done, he declared. This Is the first time, within
three years at least, when there has been an
Increase i:i the exchange rrice in the month
of August. It is customary to wait until Sep
tember 1 before putting Jt above 22 l a cents.
The shortage in Ice and tho increased price
a.-<- sure to" affect the poor of the city, for gro
cers Jr. the tenement house sections are accus
■.:!<-:<! ii gellin? milk at a close margin In order
to attract cu-toim-rs to their •tores, Every
tin*- the wholesale price of 'milk goes up they
*»•••» obliged to p'jt the price up in order to cover
*.*;• tos% There win be *;.:» chxujj* in the price
of bottle milk, ~,i ,;' - ':':;.
GRAM) DIKE FIRED OX.
./ PLOT IX THE (,l ARDS.
Bullets WJiistlc Around Nicholas at
the Manoeuvres.
St. Petersburg:. Aug. 11. — Grand Duke Nicholas
Xlcholaievitch. president of the Council of Na
tional Defence, narrowly escaped assassination
yesterday afternoon at the hands of Imperial
Guards In the guard camp at Krasnoye Selo.
The officers of the regiments concerned are
extremely reticent concerning the affair, but
from a member of the grand ducal escort it was
GRAND DUKE NICHOLAS NICHOLAIEVITCB..
Whom soldiers of the Guard attempted to kill.
learned that the incident occured during a move
ment of the Ismailovsky Guard and the Guard
Sharpshooters against a position held by the
Seminovsky regiment. Grand Duke Nicholas
was sitting on his horse observing the manoeuvre
from the top of an intrenchment. The troops
were advancing by short rushes in open order
across a wide, level field, firing blank volleys by
squads as they came. A few yards behind the
grand duke was his suite,' Including General
Zerubaieff. second in command of the Guard
Corps; adjutants and orderlies, and several
civilians. The Countess Nirod was in the group.
Suddenly, when the first echelon of the at
tacking force, consisting of sharpshooters, was
from 450 to 500 yards distant, a bullet sang high
overhead, followed by another and still another.
The cry was raised. 'They arc firing ball!"
and the group was thrown into great confusion.
After frantic signalling, "Cease firing!" was
sounded, but the shots continued for some time.
Grand Duke Nicholas remarked when he
joined his suite: "It would be more* realistic if
the troops always fired ball during manoeuvres,
but this is unpardonable negligence."
The attack on the position held by the Semi
novsky Regiment was immediately stopped. The
troops were marched to their ouarters and an
investigation was begun. How the conspirators
obtained ball cartridges has not been ascer
tained, as ammunition is always called in after
the men return from patrol duty, but it is con
jectured that the cartridges were obtained after
the dissolution of parliament, when supplies of
service ammunition were issued in anticipataion
of trouble, and that the troops succeeded In
holding them out after the collapse of the strike.
A representative of The Associated Press vis
ited the camp- to-day and ascertained that,
though several arrests had been made, responsi
bility for the shots had not been brought h'^me
to any particular culprits.
It was only after a long investigation 'that it
was determined that the ball cartridges were
fired by the Ist Battalion of Sharpshooters, one
of the crack corps of the Russian army. Suspi
cion was directed toward the "one-year volun
teers." recruits who, in consideration of their
educational qualifications and social position, es
caped with only one year's instead of four years'
service. Many of those are former students at
universities and are the principal spreaders of
the revolutionary propaganda among the troops.
The bold attempt on the grand duke's life
caused an immediate change in the plans of the
Emperor, who had arranged to go to Krasnoye-
Selo to-day and spend a week with the soldiers
of his imperial guard.
The Grand Duke Nicholas Nioholaievitch. second
cousin of the Emperor, was appointed president of
the Council of National Defence !rrsVme a year ago.
the Council of War having proved unsatisfnetory.
The grand duke, who was born in St. Petersburg in
1856. is aide de camp general, inspector general of
cavalry and commander of all the troops in the
district of St. Petersburg. He has been referred
to as .1 possible dictator if the revolutionary move
ment gnined strensth. At on» Mine the grand duke's
name was mentioned for the supreme command of
the Russian forces in the Far East.
IK, IIT MEMPHIANS HURT
Collision Between Light Buggy and
Heavy Automobile.
IMv Tvlrqraph to Tl.i Tlibuna.]
Memphis. Aug. 11. — In a collision between a
hea% r y automobile and n light buggy late last
night, both were wrecked and eight well known
Memphlans injured. R. W. Harris, president of
the Delta Cotton Company, who WM driving
the car. was pinned under the overturned auto
mobile and dragged some yards, as was Thomas
Taylor. Taylor's arm was broken, but Harris
was only bruised, as were his brother, sister
and niece. Mr. Major, driver of the buggy,
and a child with bins, were cut and bruised, and
Mrs. Major was hurt internally.
TO COURT MARTIAL J. R. S. WELLS.
Young New Yorker Who Enlisted in Navy
Charged with Disobedience.
(By Telfßrapli to The Tribune.]
Norfolk, Va.. Auk. 11. ~J. Raynor Storrs Wells,
th« wealthy young New Yorker who recently en
listed in the navy. is a prisoner anoard the receiv
ing ship Franklin at the navy yard. He is charged
with disobedience of orders and will be tried by
court martial.
He enlisted a month ago, and was Kent to New
port. He was to have been Bent here on August
4. but lit alleged to have broken his leave. Wolls
was arrested at Philadelphia. Ho was reported as
having arrived litre several days ago. with a
batch of recruits, but this prove* to have been
erroneous.
DEWEY'S RICH OLD PORT WINE.
Tr.Urn with a Raw Egg is very strengthening.
Ii T. Dewcy & aons Co.. 133 ' Fulton St., New York.
— Ativ:. i
TWO-FARE WAR AGAIN.
JUSTICE GAVXOR RULES.
Calls Second Nickel to Coney Island
Illegal — Police Reserves Ready.
Justice Gaynor, in the Supreme Court. Brook
lyn, handed down a decision yesterda declaring
the collecting of a second fare- for a ride to
Coney Island illegal. Almost immediate'" the
Brooklyn Rapid, Transit Company began to pre
pare for trouble, which was not long in coming.
Several persons asserted their. rights last night
and protested against the payment of a second
nickel. It is probable that there will be a repe
tition to-day of the many riots which took place
two years ago following a similar decision.
Expecting trouble following Justice day nor' s
decision. Deputy Police Commissioner O'Keeft'e
sent out orders last night to the Sheepsheal
Bay, Parkviile and Coney Island police stations
to hold all men on reserve over Sunday. The
Brooklyn Rapid Transit Company evidently ex
pects vigorous pretests against the enforcement
of the lU-rent rate, for last night it placed
on duty, a large number of special uniformed
policemen, armed with heavy nightsticks.
The first person who tried to tak" advantage
of the most recent decision was Charles Hew,
who lives at Kensington. He boarded a car at
that place, and when a conductor tried to collect
an extra fare two stations down the line. Hew
refused to pay it. A special polk-erhan was
called and threatened Hew with bodily harm
unless he paid the nickel or got oft". Hew ar
gued in vain for some minutes, but finally left
the train. Thprt* were several other similar
cases, although n«> one was thrown off.
A score or more persons rushed the ticket
chopper and guard .it the Se:t Beach terminal
and boarded a car there last night without pay-
Ing the extra fare.
In June. 1004. the Appellate Division handed
down a decision in the case of L.uke O'Reilly
against the Brooklyn Rapid Transit Company
which required all street railways to give any
pessenger a continuous ride to his destination
over any of its lines or leased lines. On the first
Sunday in July many persons bound for Cone>
Island refused to pay the double fare, and a
large number of arrests followed. The follow
ing day, July 4, was signalised by several small
riots on the Coney Jsland lines. "Bouncers"
employed by the railway companies added to the
confusion by throwing off all passengers who re
fused to pay the extra nickel.
Luke O'Reilly agreed to take all suits, free of
charge, against the companies. He won the
majority of them. President Winter of the B.
R. T. issued a statement saying that the com
pany would continue to charge 10 cents, which
he considered a reasonable rate. The company
held that the decision did not affect its road ac
cording to the wording of its Coney Island fran
chise, granted to steam lines on their own right
of way. The initial charge was 2o cents.
In December of last year Justice Crano in the
Kings County Court, made a similar decision in
a suit brought against the* company by a man
to whoni a transfer had been refused. The
plaintiff received •*."><» damages.
The decision yesterday was gi\£n in the case
*>f Dr. Thomas J. MacFarlane, who was arrested
by a special officer for refusing to pay a second
fare on July 24. He was discharged by Justice
Gaynor.
Dr. MacFarlane was a passenger on one of the
elevated trains of the Brooklyn Rapid Transit
Company, and was returning from Coney Island
over the Culver route. At Twenty-second ave
nue the conductor demanded a second fare,
which the physician refused to pay. John Lani
gan, a special officer, was summoned, and Dr.
MacFarlane was taken to the Adams street sta
tion under arrest. Stephen C. Baldwin, attor
ney for the defendant, obtained a writ of habeas
corpus, and later argument was heard on the
writ before Justice Gaynor. William F. Shee
han appeared for the Brooklyn Rapid Transit
Company, and during the hearing denounced the
officer who made the arrest, saying that he was
net authorized by the company to make arrests.
Dr. MacFarlane was released on parole, and de
cision was reserved by Justice Gaynor.
The officials of the company say that they
have received no formal notice of the decision.
Colonel Timothy S. Williams, vice-president of
the Brooklyn Rapid Transit Company, cays that
the employes of the company will continue col
lecting two fares to-day, and that the company
will do later as its attorneys advi?e. Much
trouble is expected at points where the second
fare is collected.
Justice Gaynor's decision follows:
The statute ' enables street railroad companies
and steam railroad companies alike to acquire con
trol of other railroads than their own by lease or
other contract, without regard to whether such ac
quired railroads $:• street railroads or steam rail
road* (Railroad Law. Sec. 78; Ingersoll vs. Nassau
R. Co.. 157 N. Y. 453 >.
Ii next provides, however, that a street railroad
company may charge only one fare for a continuous
ride from ene point to another over its tracks in
any city or village, including the tracks of any
railroad so leased or controlled by It, and that
transfers must be Riven for that purpose (Sections
101 and 104). It dees not except any road. but. on
the contrary, includes all roads which may be ac
quired under the said Section 7S. That section and
the two other sections which I nave cited have to
be read and construed together. The acquired con
necting railroads referred to in Sections 101 and
104 are all of those which may he acquired under
Section 78. The meaning and application of the
statute are not to be restricted to acquired roads
cl the same kind, or organized under the same act.
as the lessee or controlling road. This is not open
to dispute, »!nce the recent decisions of the Court
of Appeals' in the cases of Griffin and O'Reilly 1 179
X. V.. 438. 450). if the plain rd.« of the statute
did noi. suffice. The Barnett case, which thus re
stricted the statute, is not authoritative since these
decisions. \
The charter of the Brooklyn Heights Railroad
Company therefore permits |( to charge only one
fare for a continuous ride over its road (which is
only about one-quarter of a mile Ions), and all of
the connecting railroads which it operates and con
trols under leases or other contracts.
A public service corporation hears a relation to
the imhlic similar to that of a public tiffc*r. It,
like a public officer, is in the service of die public
as an agent o?»arm of government, and i* no more
entitled to exact a foe or a charge In excess of
that prescribed by law than is .. public officer. The
fee of a public officer .nay. in a given case, be small,
hut that is offset by ether fees which are large.
And, In the snip* way, if five cents be a small fare
for a long distance, It is also an excessive fare
for a short distance, and will be found to be a I'irge
av»raise fare. The fat and the lean must go to
gether.
The relator could not be guilty >f a breach of the
peace in simply disputing the right of the con
ductor to make him pay a fecond fare. He had ths
right to refuse to pay it, and Is discharged.
NEGROES TAKE A TOWN.
Riot in Otisville, N. V.— Laborers
■ Rescue Prisoners from Officers.
[By Telegraph f« The Tribune.)
Middletown. N. V.. Aug. 11. — Report reached
here to-night that a crowd of Negroes employed
on the new Erie tunnel at OtlsviHe. eight miles
from here, ware rioting and had taken posses
sion of practically the entire village. It is esti
mated that a hundred shots were tired. Many
Negroes were injured* three seriously. There
are only three policemen In the village, and they
were unable to cope with the crowd. The offi
cecs took some prisoners, who were afterward
taken from them by the crowd. Women* resi
dents dared not apnear on tho streets, and the
white men went armed. The Negroes were
finally driven to their camp by th» whites.
FATAL REVEL IS AUTO.
Chauffeur Killed, Vh>i,ulclphhv*
Hurt, at Atlantic City.
IBy Telegraph to The Tribune. I
Atlantic City, Aug. 11— At the end of a
drunken revel an automottle party was wrecked
here to-night, when the chauffeur ran the car
into a bridge railing on the Meadow Boulevard.
Joseph Locke, thirty years old. of Philadelphia,
the chauffeur was killed. Alien Wilson, of
Philadelphia, had his right cheek ripped from
mouth to ear. and may be internally injured:
Marguerite Sutton. of No. 513 Spruce street,
Philadelphia, hal her arm and leg bruised;
James Brown, of Tacony. had his wrist broken
and his face and hands torn. They were rushed
t<» this city in the car of Captain Hlggins, a
Philadelphia lawyer, but Locke died Just before
the machine reached the hospital.
Captain Hlggins found three of the party lying
prostrate in the road and the remaining man
helplessly wringing his hands twenty minutes
after the smash. Miss Marguerite Sutton says
she left Philadelphia for Atlantic City at 1
o'clock this morning, two hours nfter she says
she met Allen Wilson at the Garrick Hotel. She
told Chief of Police Maxwell that their stay
here wound up to-night with a tour of saloons
that left none of the party in condition to run
the car.
When Wilson, about 6:30 o'clock, ordered his
chauffeur to drive to the mainland she says he
was very much intoxicated. The party ran sev
eral miles beyond Pleasantville. and then turned
hack toward Atlantic City. The police believe
that one cause of the accident was that the
searchlights, required by law. were not in good
order. Wilson is still in the hospital. The in
quest will be held on Tuesday.
C. B. FUNSTON A SUICIDE.
Man Said To Be Nephew of General
Drinks Carbolic Acid.
[P.v Telegraph to Tho Tribine.l
Toledo. Aug. 11 — Charles B. Funston. repre
sentative of the North American Mutual Life
Insurance Company, of Mansfield, and said to
be a nephew of General Frederick Funston. com
mitted suicide in Ms apartments at the St.
Charles Hotel on Friday, about noon, by drink
ing carbolic acid. His death was discovered to
day. A note left by Mr. Funston read:
Father dead, mother dead, wife dead, no chil
dren, no home, no money, no use living. Please
notify my sister. Miss Nettie Funston, Columbus.
Ohio.
V. /V REEISES AXSU'ER.
Railroad Won't Tell Investigators
Kate It Received for Freight.
St. Paul. Aug. 11.— The Northern Pacific
Railway Company placed itself in voluntary
contempt of the Railway and Warehouse Com
mission to-day. -At the continuation of a hear
ing on the Hastlngs-Duluth coal and grain rate
the company, through C. W. Bunn. as attorney,
refused to answer a question concerning the rate
paid by the Chicago. Milwaukee A St. Paul to
the Northern Pacific for hauling freight between
Duluth and the Twin Cities. What was wanted
by the commission was a copy of the contract
between these two roads, and this the road re
fused to furnish.
It developed to-day that, although the law
requires that such contracts be filed with the
state commission, the copy of the contract in
question In possession of that body has a blank
space where the figures naming the rate should
have been placed.
Mr. Bunn. in announcing the answer of the
company, said:
"Our answer simply means that we believe
the question which we refuse to answer is im
material to the present issue."
The commission took r.o immediate steps to
compel the road to answer questions or be pun
ished. It is understood that when Attorney
General E. T. Young, who is absent from the
city, returns the matter will be referred to
him for action.
BEAU mXV AT XEWPOhT
Cottagers Have Servants Chase Miss
Fish's Evasive Cub.
[By Telegraph to The Tribune.]
Newport. R. 1., Aug. 11. — There was consider
able commotion caused this morning by the an
nouncement that a cub bear was at large in
the southern part of the city, and the cottagers
who live there have had their servants on the
hunt for the little fellow ever since, but as yet
the animal has not been found. A bear hunt
was never heard of in Newport before, but there
is not much worry, as the little fellow is too
small to do any harm and cannot remain at
large lon*.
The bear is the property of Miss Marlon Fish,
and was presented to her by Paul Ralney. who
purchased it a week ago at the fair at Sandy
Point Farm. Miss Fish had no place to k*ep
the animal, so Mr. Rainey offered to take car*
of. it until Miss Fish wanted it, ani, with an
other bear he purchased, chained the little fel
low up in the yard of the Coats vijla. Some
time yesterday Mr. Bruin slipped his collar and
disappeared in the brush. A search was begun
as soon as the rv-ar was missed and an adver
tisement placed in the papers, in the hope that
some one would find him. hut as yet he has
evaded all searching parties.
BRIDAL COUPLE MISSIXG.

Kidnapped After Wedding — Rela
tives Have Xo Word.
lHy Tel'ieraph to The Tribune.)
Boston. Aug. 11 —A kidnapping of a bridal
couple shortly after the ceremony Wednesday
e-veninif has stirred up Charlestown an«l caused
mut-h anxiety to relatives of the couple, who
hnv.- not heard from them since and fear some
harm has l>efall< n theai. The couple were
Thomas Robinson and his bride, formerly Miss
Mary <?. McDonald.
A large number of friends from Cambridge.
Boston and Wojjurn attended the wedding. The
bride stole away alone to a neighbor's house
and the bridegroofc. escaped over the roof of a
neighbor, through back yards and alley* to a
hack waiting for them. The guests had scouts
at every street corner and held it up. ordering
the driver to proceed to Boston. When last set n
the couple, with eight men as an escort, were at
Castle Square. All trace was lost then and no
word has reached the bride's parents.
J. B. MONTAGUE KILLED BY POISON.
Tuscumbia. Ala.. Aug. 11. — J. 11. Montague, a
brother nf ex-Governor Montague of Virginia,
was fouivl fiend to-duy in his home at Sheffield.
His family Is In Virginia. Indications were that
he di( (1 from a poisonous drug, but the coroner's
jury was unable to decide whither it was taken
purpos«ly or accidentally.
PRICK FIVK ( KNTS.
JEROME MA YRIN A LOSE
TO KILL HEARST ROOM.
Conservativt I> mocrats Uikelv t>>
Indorse Him for Governor.
There seems to be a strong probability thai
before lons District Attorney Jerome will an
nounce himself as an independent candidate for
Governor in the same way he announced his
candidacy for District Attorney a year ago. It
was said yesterday that the conservative or antt
ic party, fearing
that Hearst may run away with the regular
convention of the party unless desperate meas-
OM are taken, have about persuaded the Dis
trict Attorney that this was his chance to como
into the field as an independent and have prom*
tsed him ttu-ir support.
The District Attorney was at Lakeville yester
day. He refused to discuss politics. He ad
mitted that he had heard statements that he was
considering the propriety of running as an in
dependent candidate. Asked if It were true that
some of the conservative leaders of the Demo
cratic party were urging him to become an in
dependent candidate, he replied: "I do not car*
to discuss that at this tlir.e. '
The "at this time" sounded particularly slc
ntflcant. Although the District Attorney up to
this time has not allowed himself to be quoted
as to whether or not he would accept • nomina
tion for Governor, he has allowed his friends to
say "on authority" that he would not do so. Th«
fact that he would not deny that he is consider
ing entering the field gives the direct statement
to that effect made yesterday by persons closely
in touch with him considerable Importance in
the minds of politicians.
For some time certain members of the con
servative* wine of the Democratic party in this
state have been trying to get District Attorney
Jerome to promise to stand as a candidate for
the regular nomination in the convention. This
did not appeal to him. It is said. But when It
was suggested that he might announce his In
dependent candid icy and declare that he would
accept the indorsement of any of the regular
parties, as he did last fall, a situation presented
itself which appealed to his peculiar nature.
The conservatives hope that with the an
nouncement of Jerome that he will run as an
independent candidate anyway th»y may be
able to stem the Hearst sentiment in the con
vention and nominate Jerome. They would point
out that the nomination of Hearst would spilt
the party, whereas the nomination of Jeroma
would command the support of many of thoso
who have been shouting most enthusiastically
for Mr. Hearst.
CONSERVATIVES TO GIVE SUPPORT.
If Hearst is nominated by tho regular con
vention, then the conservatives will support tho
Independent candidacy of Mr. Jerome, It Is said.
They are willing to go to great extremes in
order to prevent any possibility of tile election
of Mr. Hearst as Governor, and rely on tho
well known campaigning powers of the District
Attorney to tear the Hearst boom to pieces, even
if he does not win himself. They also hope
by thlp independent plan to gain some Republi
can votes which for one reason or another might
nave been alienated from that party.
According* to the election law an independent
nomination for a state office must be filed with
the Secretary of Btate at least twenty-five days
before election— regular party nominations must
be filed at least thirty days before the election.
The plan being considered is to have Mr. Jeromo
announce his independent candidacy some time
before the Democratic convention, and to havo
his friends start at once to obtain signatures
for nominating petitions. According to the law
it is necessary to have six thousana signatures
on an independent nomination for a state office,
and it is stipulated that at least fifty names
must be obtained In each county in the state.
It would not be necessary to file these pet^ions
until five days after the regular Democratic and
the Republican nominations had been filed.
One politician yesterday went so far as to say
that arrangements had been made for theso
petitions in each county, and that a campaign
fund had been promised for Jerome's inderen
dent candidacy. It was pointed out by some of
those who rather doubted that Jerome could
be forced on the Democratic convention that it
would be rather humiliating for them to nomi
nate Jerome after he had already announced ha
would run as an Independent candidate. To this
the reply was made that it would not be as
humiliating as to accept the nomination ot
Hearst after he had been nominated by a per
sonal machine which was organized with art
idea of getting control of the Democratic party
in this Sta'
A story yesterday that Patrick H. McCarren
was seriously considering going over to tho ■
Hearst crfmp was ridiculed. McCarren has a
strong antipathy to Hearst entirely aside fio i
the fact that the Hearst papers have been hold
ing McCarren up to contempt for yeara There*
may be some reason why Charles F. Murphy
should pretend to be in favor of Hearst, for he
needs the Hear3t support at the primaries.
With McCarren it is different. He has the sit
uation in Brooklyn well in hand Shetiff
Michael J. Flaherty has announced that he will
flg"ht McCarren with his Municipal Ownership
League, but he is not causing th« Senator any
worry.
LIGHTNING KILLS TWO.
Another Partly Paralyzed, and J?ojjf
Stunned by Bolt.
Glen Cove. Long Island, August 11— One man
was killed, another partly paralayed. and a boy
stunned by a bolt of lightning during a storm
here this afternoon.
The man killed was John J. O'Brien, a plumber.
He was watching a game of baseball when
the storm came up. With his little five-year-old
son he ran under a locust tree f'»r shelter. Ho
leaned against the tree and a bolt of lightning;
struck the tree and killed the man Instantly.
The boy. who was standing near his father, was
knocked unconscious, but will recover.
Frederick Sandford. who was also standing
under the tree, was knocked senseless by the
bolt and the lower part of his legs paralyied.
He also vrtll recover.
Edward Kaiser, twenty years old. of No. 99
Komorn street. Newark, while bathing in New
ark Bay. at the boathouse. foot <»f Hamburg
Place, yesterday, was struck by lightning and
instantly killed. His body was taken to Mul
lins morgue.
WFP IN BOAT AFTFR SRIF.F COURTSHIP
Toons Couple Have Ceremony Performed at
Lake in Ulster County.
Elizabeth. N. J . Aug. 11.— Frank Silverwise. a
brother-in-law of Moses :4*ndel. a well to do
butcher <!f this city, told to-lay of the marriage
of his sister. Miss Rose HNerwlse, which •«
curred last Thursday in a boat.
Miss Sllverwise went to Pine Hill. Ulster
County. N. V.. four weeks ago and there met
tor the first time Benjamin Eloch. a young real
estate dealer of New York City. Their ac
quaintance resulted speedily In a decision to bo
married.
The young couple, accompanied by a Justice
of the peace and a few friends, rowed out to tho
middle of Pine Hill Lake Thursday evening and
were thete made man and wife. The bride was
formerly cashier In Mr. Mendel' branch stora
a, vs ♦U.tr.d.

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