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NEW YORK LIFE ITHELD rjT ir.GFS DISPROVED. fustier Dnrch'vs: Say* Evidence of Electioneering Is Weak. Justice Dowllng. In the Supreme Court, yes- Jerilay denied the application of Stephen Far |«Uy for an Injunction to restrain the Now Uork Life Insurance Company from conducting > campaign on behalf of It* administratlon'tlcket In the pending election of trustees. Mr. Far felly Is a pollcyholder In the New York Life And a member of the International polieyholders" committee, which is running an opposition ticket. His name Is on that ticket. Samuel Catermyer. chief counsel for th© committee. ftfsjued for Mr Farrellr's application, while "WlHlasj Nelson Cromwell represented the com pany In opposing the application before the Court. In his application for an Injunction, Mr. Far relly alleged that the money of the polieyholders •was being eper.i in circulating literature In sup port cf the administration ticket, and that em ployes of the company were spending then- time In the came cause, acting under the orders of the company's officials. These charges, Justice DoTrllnsr asserts In denying the application, are Sot sustained by any direct proof, and are di fectJy controverted by the answer of the com pany. On these points Justice Dowling savp- Plaintiff has been unable to substantiate these Charges by proof. The allegations of his com plaint ere In large part made on Information and belief, and entirely so as to the charges of Improper conduct on the part of defendant cor poration. Many of the statements in his affl- Cavit, a:is that of hi* supporting affidavits, while in form statements of fact, are in reality cc! statement? < f hi? conclusions, surmises or cpinions. In t:is affidavit plaintiff nays: "In View of the fact that the defendant corporation has upward of St'O.oOO poileyholders. a largo portion of whom ar* residents of the United States and Canada. It is impossible to believe that agents of the company are carrying on a campaign at their owr, ejepense. or otherwise thh:: at th« expense of the company." Tet no evidence is a/idueed by him. or on his behalf. that the company has pp^nt an] of Its funds In thi* so-called campaign. On the contrary, it affirmatively appears that the defendant corporation has opened in its Vocks a Fpeciiii account for the expenses in curred in complying t\it!i the law governing this election, which is the first one held by this com pany under the law of lt#*>. A statement in full of the items app'iarirs in said account has been sr.ade by the Controller, -with the date and pur pose c:" every payment. Nowhere in said state ment is there an Item which could properly be termed an expense for campaigning, nor for ■Assisting in th^ raceess of the administration ticket. Large nu^:i>ers of circulars have been introduced in evid<snw as> exhibits which were sent out in various states to j>oiicyholders by stgerts of the defendant company, soliciting •votes for the administration ticket, and inclosing •what i? called by plaintiff, a "marked ballot": •which n>AHE a ballot r.^-pared for voting in favor of the admlnljrtratifm ticket. It is afSrm- Btlvely established that, so fur from being sent «>ut at the expense of the company, those circu lars a**- being pent out by agents on their own Initiative and at their own expense. Plaintiff charges on Information and belief that the*» circulars w^ printed at the home rffice of thfeYlefendant company, bnt this is dis proved by the affidavit of Van Wart, in charge ef It? printing office, showir.e that not one of the circulars complained of was printed therein. Furthermore, it is established from the affi davits submitted that nether the money of the defendant company n^r the time of its employes during business hours has been devoted In any manner, shape or form to the election of the ad ministration ticket, nor to the distribution of so called "marked ballots" In aid thereof, nor to the solicitation of votes or proxies for the said ticket, nor have advances to agents been made to Induce their activity therefor. This is over whelmingly demonstrated by the affidavits of rtx executive oncers of the defendant company. of twenty-four heads of departments thereof, of two inspector* of agencies, of five agency direc tors, of thirty-two cashiers and of eighty-six roliclting agents located In me ten different states. Mr. Cromwell m.12 !ast evening that he New Tork Life had welcomed the opportunity of meeting the charges, and had placed before "- ■■ \ court more than one hundred affidavits, cover-" ing evry department of it? business. He added: While it I* naturally gratifying to the com jiar.y and tty counsel that the court should find that the can jaign charges made against it and V.c Efr*»nts ha c wholly failed, St is of far greater moment to th*» multitude of the company's polieyholders the world over to know that the per.dlr.g election is lM?inp conducted by the com pany with strict regularity, and that the com pany is observing the letter and the Fpirit of | the .new Insurance law. en saadttee. Bald last I The only effect of the decif lon. coming at this Is* date, will be That the Mutual company will have to protest against all ballots furnished to policyhoide'-s by .".gents and bearing policy raanbere. in violation of the Armstrong law. Mr. Cctennyw .vided that the company had . tried to avoid liability by making It appear that ! the agents put numbers on ballots, whereas they ! "were pat on !n the company's office. BURNHAM TRIAL JUROR ILL. The trie! of George Burnhara. Jr.. general coun »*.*-•■ Mutual Reserve F*und Life Insurance Association, was adjourned In the Criminal Branch Cf the Supreme Court yesterday on account of the dneas of E. Bralnerd Bulkley, the fourth Juror. •When the cap* was called yesterday morning- a e*rtl£ =are by Dr. Tie*, etAtlr.g that Mr. Bulk ley was BEffertas 'rom «cute bronchitis, was hand ed ajp to Justice Creenbanm. A« the f.eriousnees rf the juror's illness was not known. Justice G-re-r. eaid the case would ro over for twen ty-four hours. roULTBY DEALEBS APPEAL TO METZ. Controller Declines to Interfere in Squabble — Advises Them To Be Good. Controller Metx was append to by delegations irepreswntJng the New Tor' ..ive Poultry Dealers' 4seodatlon iuid Independent uealers of Washington ilsrket yesterday to ssttta differences that had sssnaa between them. After hearing both sides at length, he declined to interfere, but told them that. ft further claishe* occurred, they could prepare a fcrsnaJ test case wi.lch he would hear. The dealers' association claimed that the it 4* t>eae>nt dealers were infringing upon their rights by celling poultry in carl or- a i<>tß. The other side claimed thar th* association was using "Standard cm methods" to hurt their trade. T\ey also ac cused the association of getting the butchers to re- S2ie to k.!l the poultry Uiai tiiev, ti;e email dealers Xi,. except it *-iort)iu-::t rates. Afier further argument and accusations Mr Met* closed the bear..-. by acvlbing them to conduct their business as usual, and, tt poesible. amicably /folium Like, tht PresenT No Pre^seitt Like. Aiv. ELGIN CASXOT STOP TR.4ISS. Derision Limiting Porters of State Railroad Commissioners. ■Washington. Dec. S.— According to a decision ren dered to-day by the Supreme Court of the United States. in an opinion by Justice Peckham, a state railroad commission cannot compel trains running from one state to another to stop at designated Stations. The case Involved was that of the Mis sissippi Railroad Commission against the Illinois Central Railroad Company, and It grew oat of an effort on the part of the commission to compel certain through trains on that road to stop at the to>va of Magnolia, a place of twelve hundred in habitants, about a hundred miles from New Or leans, and the county seat of Pike County. The contention was made on behalf of the railroad that the town has already three trains dally to New Orleans, and it was urgwd that to make the through trains stop would disarrange schedules, break connections and prevent compliance with the terms l of the road's contract for the expeditious carrying of the mails. The state law w«s attacked as 'n contravention of the Interstate clause of the federal Constitution. The Circuit Court of the United States for Mississippi, In which the case was tried, upheld the law. but the Court of Ap peals took the opposite view and declaring the exaction unreasonable reversed the decision of the trial court and held for the company. That de cision was upheld by Justice Peckham's opinion. He held that the railroad offered sufficient facili ties to Magnolia without the stoppage' of the fast trains. FEW YORK INHERITANCE TAX. Solicitor General Hoyt Presents Petition for Rehearing. Washington. Dec 3.— ln the Supreme Court of the United States to-day Solicitor General Hoyt pre sented a petition for a rehearing in the New York Inheritance tax case of Collector Eidman agt. F. B. TUghman, executor of the estate of F. W. Brlttan. In presenting the subject he said: Inheritance taxes actually paid Into the Treasury of the United States by estates of persons who died between July \-. ISOI. and July 1. 1302. amount in round numbers to $7,000,000. If Tilghman and his co-executors are entitled to recover the raxes paid by them, the representatives of every other estate where death occurred during the year of July. l&Ol-'CC, will have reason to believe themselves just ly entitled to a return of the sums collected from em. The result reasonably to be expected would be a demand upon the government through the courts and by an appeal to Congress to repay 57.000.0*). There have already been filed with the Commls- Fioner of Internal Revenue and r.ow await fiction Zia claims for the refunding of C.005.&35 inheritance taxes paid by estates of persons who died between July 1. 1901. and July 1, iW2. They are based upon the construction of the revenue acts urged in behalf of Tilghman and adopted by the court below. COMMISSION UPHELD. Its Eight to Suspend Writ of Habeas Corpus Sustained by Supreii'.e Court. "Washington. Dec. 3.— ln an opinion by Chief Jus tire Puller the Supreme Court dismissed to-day the cf.se of Felix Gareelon ag-alnst Colonel David J. Baker and Captain John D. Thompson, officers of the Philippine constabulary. The cas^ grew out of the arrest and detention of Garcelon by the military authorities of Batanga.9, under the au thority of the order of the commission of January 31, iWK, suspending the v.Tit of habeas corpus in the provinces of Batar.gas end ( 'av:te on the Cround that the conduct of the ladrones in those provinces run-junted to an insurrection. No process of law was resorted to. and the case was taken into th° Philippine courts on petition for a writ of habeas corpus, on the plea bat the arrest was la travention of the Constitution of the Tniter! States. The Supreme Court of the iflands held that ample authrrity for the su^p^n slon of the v.rii is fclven by the act of Congress of :Su2 providing a povernrn^nt for th» Philippines. The writ was iherefjre dismissed. The ••a.**> was brought to this court on a writ of error, and this court's action affirms the decision of th«« Philippine court. •TIPE UNI TRUST" LOSES. Atlanta Wins Its Case in the Supreme Court. Trash In Eton, Dee. S— The Supreme Court of the Tn!ted States to-fiiy decided the case of the city of Atlanta, against the so-called "Pipe Line Trust" la favor of the city. The title of the case as It was presented to the court was the Chattanooga Foun dry and Pipe Works and South Pittsburg Pipe Company art. the City of Atlanta, the case coming to this court in pursuance of an effort by the pipe manufacturers to secure the reversal of a decision by the Circuit Court of a; ■:•• sis, which was unfa vorable to them. The sutt was instituted by tha city under the Sherman Anti-Trust law on the complaint that, by the combination of the manufacturers, the munici pality had been compelled to pay an -ess of $15,000 over a fair price on orders for pipe amounting to J56.000. The city asked napes in the sum of J45.000, or three times the amount of loss, but the Court of Appeals, affirming a decision by the Cir cuit Court for Bast Tennessee, allowed only $7.'»». The essential violation of the law alleged was that all the pipemakers had so manipulated their bids as to throw the contract to the Anniston Pipe and Foundry Company, of Annlston, Ala., rendering that company's bids the lowest offered, notwith standing th*>y were Etill exorbitant. NEW HAVEN ROAD WINS SUIT. Washington. Dec 3.— The case of Charles K. Of field apt. the New Yr.rk. New Haven & Hartford Railroad Company, involving the question as to the right of the company to compel Offield. who Is a stockholder in the N»-w Haven & Derby Railroad to accept an apprafserre.it of his stock and ltfl subse quent eaie to the company, which had acQuired a majority Interest In Its stock. wa> decided by the Supreme Court of the United States to-day in favor of the company. The opinion was delivered by Justice McKenna and affirmed Th. decision of the Connecticut Supreme Court of Errors. New Haven, Dec. S. — Mr. Offleld held two shares of the Derby Railroad, and It was understood that he wanted a high price for them, which the road declined to pay. The price demanded is said to have been Sl.OOu a share, while ihe value the rail road company placed on them was $4<m a. share As Mr. Offleld declined to accept an offer, the rof.d brought Jin action to secure condemnation vl the fihar*s under an act passed by the General Assem bly in I!«o2. The Supreme Court of Errors <Vf the rtate g<i\>- a verdict in favor of the company on December 2S. VjOj. and an appeal to tho Supreme Court wits made. APPLEYARD LOSES SUIT. Washington, Dec. B.— Tht decision of the Supreme Court of the United States in the case of Arthur E. Applcyard, the Boston broker who for the last year or two lias been reelsting a requisition ty the Governor of Sew York for his removal from Massachusetts to New York on an lndlctmeS charging him with larceny In obtaining from fie now insolviu German Bar.k o: Buffalo the sum of $a>,ooo on ircuduleiit security, was announced in justice Ilarlan to-Uay and was adver«e to \pr,l»- I***- Appleyard attempted to prevent tradition by an application to the United State* circuit Court of Massachusetts for :i writ of habeas cor pus, ana when that court denied the writ nroucbt the case to the Supreme Court, wit!: the* result that the ruling of the Massachusetts court was af firmed, leaving the eas* where it stoo.l Annle yard contended that his dealing with the •■'nffalo bank were regular an onen, nnd that therefore he ahoulfl not be subjected to criminal prosecution. FERTILIZER TRUST HEARING BEGINS. Washington. Dec I —Tbe bearing la tho F> rtilizer Trust cases. In which the alleged parties to the trust Reek to avoid extradition from Virginia to Tennessee for trial on the charge of violating th-^ Anti-Trust law, tvjis be^:n In the Supremo Court to-day. SMOOT CASE TO COME UP MONDAY. Washington, Dec. 2.-Senator Burrows, chairman of the Senate Comm'tt.«e on Privileges and EJer tif>i:s, ha* announce! that be will on Monday next bring uj> the report against Senator Smoot, or Utah bting permitted to retain his seat. And no Elgin better adapted to Christmas giving than the popular G. M. WHEELER grade Elgin— a present to delight the heart of the recipient. Seventeen jewels, ad justed to temperature, made in the desirable small size and thin model. Your jeweler will show it to yon. ELQIN NATIONAL WATCH CO.. Elgin, JltlnoU. •ISTEW-YOBE &£s& miSFNT:. TUESDAY. DECEMBER 4. 1906. SEXSATIOiN AT TRIAL. DECEPTION IS CHARGED. Gillette's Counsel Says Physicians Swore to Falsehood. V Hfxklmer, N. T.. Dec. 3.— Never perhaps In the history of Herkimer County justice have the closing scenes of a murder trial been character ized by such bitter attacks of counsel as devel oped in the summing up of the Gillette case to j day. Replete as the trial has been with sur prises and sensations, none were prepared for the sharp exchange with which the day closed. Justice Dcvendorf had expected to give the eaa< to the Jury to-day, but after District Attorney Ward had spoken for fifteen minutes, court was 1 adjourned until to-morrow morning. The prose cutor will close and the judge's charge be made to-morrow, it is expected. Ex-Senator A. M. Mills, a close personal and political friend of the prosecutor, made the last appeal to the jury to acquit Chester E. Gillette of the murder of Grace Brown, his sweetheart, at Big Moose Lake on July 11. He had occu pied nearly the whole of the session, and it was late in the day when he dramatically declared that the five physicians who had sworn that there was a blood clot on Grace Brown's brain had sworn, to a falsehood; that they had come together and agreed on a common story for, the witness stand, and deliberately withheld testi mony favorable to his client. Intimating that the physicians were improperly influenced, he added : If ther* is an investigation of grafr. some of the^e : rs may figure in !T.! T . They were paid large fees \o give evidence which it wms thought v,a^ so hat it would convict this boy. l charge here and now— and I know •: the physicians— that :! hot bring in all the facts; they did not report something favorable to this boy. Bach of these doctors knew that a fraud was being per petrated.' You can't pick out five reputable physicians In the county who would do such a thing as these doctors did. -As Mr. Mills closed. District Attorney Ward jumped to his feet ar.d, interrupting the judsre. who had decided on an adjournment, launched int:. a scathing denunciation of Mr. Mills and the methods he had taken to sway the jury over to the defence. As he spoke the outstretched and trembling hand of the prosecutor shook in the face of the counsel for the defence. Mr. Ward Bald: When Mr. Mills stands here and tells you. as he just has, that those riv» doctors, reputable men of Herkimer County, and your friends, who enter your horn. every day, are Mars and burglars, he says that which is not true. H^ doesn't txpect by that address to reach the in t men on this jury. He thinka that there may be a rogue among you. You know, some times ni^n get on Juries who have debts of grat itude to pay from away back years ago, and they pay them by violating the rules and rendering accordance %v:th the evidence t is called a rosrue on a jury, and ped there mierht be a rojrue a~n'>r.^ ymj. — k to e"t a weak and unintelli gent man on the Jury who won't be able to put an act in one town with an act in another town ect the evidence. They hoped there mipht be a man of this kind in this jury and they would try to reach him and thus effect a miscarriage of justice. BIG AUDIENCE FAIRLY GAPPED. In this strain, so excited at timeß that the big audience fairly gasped, Mr. "Ward brought to a ppectacular close a day of steady speeehmaking, with here and there a dramatic period. Mr. Mills contended that Grace Brown had committed suicide, that his client had been un fairly dealt with. Gillette had, he said, been Pitted against the united powers of a persistent District Attorney's Department and unscrupu lous Sheriffs department and a biassed and un fair public preps. The District Attorney had failed to show any plausible motive for the terrible murder laid at Gillette's door; he had failed to produce the eyewitness he was ex pected to produce wn the strength of hie open ing address, and he had failed to prove that Gillette had am sweetheart other than Grace Brown, as he promised to do. Mr. Miils declared that every bit of evldenc* Introduced by the District Attorney was over drawn, and that nothing authentic had be«n pre- B'-rited to the Jury that Tras inconsistent with the <-nw~ a boy and a girl In similar trouble ■would ': • tak^n in s»eklnic relief and secrecy to shleli lr reputations. He said the District Attorne; might as w^ll have said that Grace Brown w struck by a bushel basket as with a frail tennti r ket, and that the girl's head hnd struck the keel of the overturning boat as she went overt* ard. If there were such injuries as the physicians had sworn to. Mr. Mills averred that Grace Brown full owed the wish written by her in one of the letters to Gillette— that she drowned herself, hoping to be buriM with her secret unknown by the mother whose valued more than her own life- H- tack on the physician.-,, who, he claimed, distorted the repo y, that brought the District Attorney to his feet. After declaring that counsel for the d< light to nn<l a rogue In the jury Air. War;! continued: They say this young man should have he^i. represented at that autopsy, Plow could he be represented when the officers were in the Ad irondacks looking for him at the time the autop sy was performed? The District Attorney him self was not there. And then, because he was not represented, Mr. Mills attempts tn discredit the word of the five reputable doctors brought here, and he attempts to make a doctor of him self. He makes himself out a doctor, and me^ to tell you what constitutes drowning. He, this "doctor," says he has studied nights and learned medicine in the last few weeks— why, gentle men, he couldn't learn as much about anatomy — this man who never saw ■ lung la his life by reading nichf 1 - as those doctors could learn of law by reading his hooks nights. "BLOW ON THE HEAD CAUSED DEATH.' Why weren't they represented? Why, gentle men, nobody knew but what the girl had t>et*n drowned until they found that wound under the hair and followed it to the brain. And when they found that blood clot they knew in a min ute what caused her death— lt was a blow on the hpad. There was nothing in this pout mortem to mis lead or deceive anybody, and they revealed the fact that murder had been committed; that the girl had not died from drowning; that no water entered Into the mouth, that no water entered into thfe lungs; the lungs were normal an nat ural. Who does the counsel want to reach when he speaks of the doctors' testimony? He had n learned doctor who sat by him there; it would have been competent for him to have put that doctor, on the stand and .-worn to thins. Mr. Mills testified to in summing up. He wasn't under a.th Mr. Mills told you what constituted drowning. He would bear evidence to that, bnt he wasn't himself sworn. He knew if that do - tor got on the stand he would testify as the other doctors, but instead of taking that course he says: "I will get up before that jury and will testify that all the other doctors are wrong." "Wasn't that nonsense? Wasn't it foolish for a lawyer to come before you and say "Gentlemen, what these doctors Ray isn't true; you listen to me"? What was his argument? He could have called doctors that the people would pay for. Now. what insidious thing did he mean when he told you about graft that existed? Was there any graft when that poor girl was brought un into the woods to be murdered? Did graft cause that? What did ho mean? He meant to tak^? some poor, weak minded man. If there was one on this Jury, and make him think that there was something he knew that was down in his heart that ought to prevent you from doing Justice. I charge here and now that that little false hood was put into the case for the purpose of prejudicing a poor, foolish Juror and to keep him from giving proper consideration to th« evidence in the cane. Then ho made a great splurge on those medical notes. It was amuaing to hear him say. "You haven 1 got the original notes." No. of course not; there were five doctors arid only our sal if IQO7 On Exhibition at ' 56 Went 43d St.. New York. Limousine and Landauiet > for immediate delivery. AUTOCAR SALES CO.. Tel. 2900 Bryant. .'»", West 43d St original notes, and each of them couldn't have It A .doctor went to a stenographer, whom he engaged upon that work. Where there were matters that he regarded as immaterial he left them out and sent each of the physicians a copy. He (Mills) would say, "Wai there something left : cut?" 'Yes." "Was it left out on purposor "Yes." He wouldn't ask these doctors what It j was. Now, just to contradict one statement he has made. These doctors ail agreed that this girl didn't drown. You take a lung, a thin organ, designed to contain air. you take it and fill it with air. Immerse in water, and it floats, or course. That water in a. few days may go out. but if it goes it leaves these air cells broken down and dead, and any doctor, whether the water still rental or not. can tell whether the water has been in It, When the doctors found where that blow had gone, and found what the condition of the lungs was, they needed to seek no further for the cause of death. "DEFEX'"" OF TRICKERY AND DEVICE." This* learned doctor says. "No, it was caused by drowning." That's what he learned when be examined bodies. He finds differently than those other five doctors, but it isn't under oath. He says these doctors get i>ay from the county; so does he. so do I, so do all the judges. "What nonsense, to address that to sensible men. There wen; the ruptured vessels, the scalp shows dis coloration, the skull was open. The dura miter was discolored and eec.hymotic. He thought he could make people believe, because they didn't call it a clot, because they called It ecchymoatß, that therefore they had done something wrong. This man would have laughed In his alee if this jury was misled by his argument, to think he had the ability to get up and bulldoze you. His whole defence Is one of trickery and device; be hasn't got a word of evidence, he hasn't got a single fact In this whole case but which points conclusively to the guilt of the defendant of the charge implied in the Indictment. The only defence he has is one of trickery and device, from long expsrience, to mislead some Juryman. As the doctors say. this unconscious body was placed In the water, and if there was any flutter of life the mere submerging would make it cease. He knew that the District Attorney 1 office is here to shield the Innocent and prose cute the guilty, but he wants it to prosecute the guilty the way the defendant's attorney would like him to prosecute. I want to say to you in this case there- are two parties interested. And the District Attor ney isn't one of these parties. I told you In ad vance, and I tell you now that it isn't that much (snapping his nngers) importance to me what the verdict is in this case; I air the least concerned. The only people who are Interested In your verdict are the people of the State of New Tor*t, and I am their spokesman. I may not be able to till the bill, but I am getting my salary, and 1 am going to do the best I can. When I have spoken for them I don't care the snap of my finger what your verdict is. Tile people are interested, and then come tho lawyers for the defendant If they can bring this man free with all this awful evidence sur rounding him, it will mean that they have achieved a remarkable triumph. It is great; it is great in its slyness, in its skill and great in its boldness, the plea that the counsel has just made. It is great in the boldness in which he ha* misquoted the testimony. In the boldness with which he has tried to convince you that "this poor. Innocent boy" came down here from Cortland County and fell among thieves. It is great in the boldness with which he tries to make out that between the sheriffs and all the Judges and I think he will say all the jurymen, we entered into a conspiracy together to de prive him of his liberty and Inflict punishment upon htm while he was the only Innocent man In the bunch. It takes bold effort to appeal to such a Jury- If there was any evidence he would not have to make it. I want you to remember to decide this case on the. evidence— that means the sworn evidence, and not this misquoted and falsified evidence as you heard it from the learned counsel. You are sworn to take this evidence, to take the evidence of these physicians. At this point the prosecutor stopped abruptly and court adjourned until 9:30 o'clock to-mor row morning, when the District Attorney will resume his argument, occupying the forenoon session. It Is expected that hte case will go to the Jury to-morrow afternoon. CROKER RE-ELECTED. Again a Governor of Democratic Club. Richard Croker was re-elected a member of the board of governors of the National Demo cratic Club at the annual meeting of the club last night at the clubhouse in Fifth avenue. The governors elected were Richard Croker. John Fox. John F. Carroll. Cord Meyer. ex- Mayor Robert A. Van "vTyck. Andrew Freed man and Lewis Nixon, all of whoso terms will run for three years. Randolph Quggenheimer was elected to the board of governors, to serve one year. Thf board of governors will meet to-night to select four additional members, pursuant to a» amendment adopted at the meeting last night, to increase the membership of the board from twenty-one to twenty-five. "There is nothing significant in the re-election of Mr Croker." said one of Mr. t'rokpr's rrienn* last night. "He has t>een on the board of gov ernors right along since the club was organized. While for yean* he has not been uMe to take an active part in the affair?! & the club, due t<. his living abroad, for ttv> sake oi" old times he is continued on th*- board." LIA3ILITY CF SAILROADS Decision Relieving Southern from Responsi bility for Seized Whiskey Serened Washington, Dee. — In deciding »o-«lay the case of Paul Heyman against the Southern Rail way Company the Supreme Court of the United States riealt with the question as to the extern to which a railroad company becomes an in surance company to it? patrons, Heyman Is a wholesale liquor dealer in Augusta, Ga.. uml when some years ago he sold and shipped two consignments •■: whiskey to purchasers <:; Charleston, S. <'.. H was Immediately seized by the state authorities and destroyed, in pursuance of the South Carolina dispensary law. while still in the warehoiu in which it had been placed by the railroad company. Heyman was com pelled to return the purchase price to the con signees, and then sought to recover from the railroad company °n 'he ground that the com pany had insured the saff delivery nf the goods. The Georgia Supreme Court hekl that as the property had been stlz»'<i under legal authority the i.-ompunv could not be he!d liable. Th opinion of the federal Supreme Court -•« de livered by Justice White anil reversed the find ing of the lower court. MORGAN AFTER CROMWELL AGAIN. "Washington, Pec. C— Senator Morgan la planning: to resuni- his investigation of this action of Wi!l iam Nelson Cromwell, of X*w York, in connection with Isthmian canal and Panama Kaitroad affairs, uml probably will risk that the cannl committee be called to mei-t some time n^xt week. ORIENTAL RUGS ON EXHIBITION. Than i? now being exhibited at M. H. Tasjak yau's studio, at No. 141 to It 7 Fifth avenue, a col lection of the highest grade of Persian rug» and carpets. it consists of rags of all sizes ami prices, from the smallest mat to the largest carpet, and includes examples In pun* silk, mohair and Persian woo). BOOM are of very great age and or rait and unusual colorings, many of them ■woven originally for palsrei and temples tm>«w Every inir was especially •elected by Mr. Tops.* yan. and the collection presents a trea*. " or >"• lovers of Oriental handicraft. . BROWNE CASE SET FOR ARGUMENT. Washington. Dee. 3. -The saM of Charles C. Browne, a former ssafJSPB In th* ofllc* of the Ap praiser of Merchandise in New Turk. charged with complicity in the silk importation fraud* of 1313, «|i advanced to argument by th« Bupr«m« Court Let's make the most of our com forts. The crackle of a radiator isn't up to a wood fire— but with a cosy dress ing gown it's not so bad after all. We've quantities of dressing gowns now, especially for Christmas, but they say it's going to be cold to night. Dressing gowns, % sß to $22.50. Rogers. Peet & Company. Three Broadway Stores. 258 842 1260 at «t at Warren *t :3th st 32nd at. are sometimes left in the carton j pv™ ' i while the household is far away. ; * Are they ruined by long keep- j D | j C #T C ing? No, they improve is Savor, i rU r T -3 ;~: ca i t h Food Co^6i sth Av^N.Y. i- 1. Alfcmm & <£n. FIFTH AVENUE, -- ana 35th Street* 'I W-.\ - and SLITS Women's Dresses and Suits, in recent models, made el A or cloth, appropriate for visiting, street or informal dr?s« wear. Practical Suits for golfing and eating. Separate Costume and Walking Skirts. The followmg at considerably below the regular prices will b« offered this day. Tuesday, December 4th: Eton and Coat Suits of D.aci and colored broadcloth, $35.00 and $40.00 Afternoon D^-ssr^ rr r.i:.< and colored ciair de luna, silk lined $45.00 and 55.00 Eton Suits of black and colored chiffon velvet silk lined $58.00 (Third Foor> STORE WILL BE CLOSED DAILY AT SIX P. M. Commercial & Social Stationery, Engraviaf, Die Sting* ing. Printing, Card Indices, Suit Cases and Bags, Office & Library Furniture. Filing Device? and Supplies, Blank Books. Loose Leaf Ledgers, Fountain Pens, Razors, Leather Goods, Playing Cards & Games, snap liiisii t 35 4 BROADWAY f'r.itcd Plates to- lay and the hearing set fa Mar'-. 4 :;c\t. Fhi '•cs an important MB Urn Dnttsd States and Slir AGAIXST MORAS. Fairbank Asks Damages for Cam ign Charges — Ptrhin Samed. Worcester. M.;. 5... 5.. Dec I — Damages to th© amount of $."u.OOt> each are sought by "Wilson H. Fairbank. the state exposition commissioner, who filed papers to-day in tho Superior Court for civil actions against District Attorney John B. Aloran. of Suffolk County, and James X. Per kit>. who was the secretary " the Massachusetts commission to the Lewis and Clark* Exposition. The plaintiff alleges slander. Mr. Fairbank charges that District Attorney .Moran. during a campaign sneech at riomerviKe last nioruh. accused him »f theft and forgery in connection '■ :'-: '-' 1 the expenditure of the state ap pfopriatioc to the Oregon exposition. Against Perkin it is allesed thar the defendant, in th«> presence <>? Governor Guild and others at tht* State House, accused the plaintiff of forgery. Also, it in charged that he caused to be pub lished in newspapers a statement that the piain , iff had imposed on Alt«s Kthfl C, Rich, a clerk <-rnp!f>yi"d by the cotnmlsstan, by rmtkinsr. her think th.it .^he was performing the routine ser vice in forslng the ::ames of creditors o? the state to bills which had be^n rendered as vouch ers. In order that Fairbank might square his accounts with tht? Commonwealth. a a recent riireting of th»» executive council In Boston the accounts of Commissioner Fair bank were approved and the commissioner him self was exonerated on charges of misconduct. CLAIMS OLD TKUHTV ?. ": ? :\' Denver Policeman Is Latest in Field for ' $300,000,000 Holding. More claimants for the valuable real estate prop erties ownwd by the Trinity (Churrh> Corporation have turned up. ar.d George T. Mahlura. a Denver policeman, and twenty-«lcht of his relatives «ay that If they can only find a certain aheepakln docu ment they hope to recover property rained at eW*.- OUO.UMO or more Herman H. Cammana. the controller of the Trinity Corporation, laushed when he learned of th« claim yesterday. "I never heard of this •par ticular ctaUn.-ht «aj d . - but there httV<> b«.n ot£«rs la tarn past. We aaT« never lost any of our pro?- We'll leave the puffing" of our Winter overcoats to the cold yrmfe. But we do want to say that everr sort of overcoat in style this Winter i§ here in ample variety. Regular knee lengths, long coats, paddocks, travelling ulsters, storm ulsters. Fur coats, too. with the fur onbaalt or inside. Rogers, Put & Compact. Three Broadway Stars*. 23» 842 :«-, oppoaito near opposta City Hall. Union Square. Qrasasj Squat* Many persons leading a qoiet Q .^. indoor life, eat too mnch alhtt- "ftOTu minocs amrr.nl food, szrzh as _. __ »_^ beef and eggs. They should try PUFf" Si Mt. Prospect A*., Newark. '**■*• Art Exhibitions and SzU*. Fifth Auction Avenue Rooms <Zaoor?on.t«d) 333-341 Fourth Avc« seathMst comer SBtb it. H. A, hartmaX. Auction** NOW ON EXHIBITION An A«p»etiT» Sal* OB - i>7 Auetioa £ of Antique and Modern Household Furnishing facia IP.9S Bars Examples of Colonial, Shoraton ana Chippendale Furniture In Sideboards. Chests of Drawer*, Dressing Bureaus, Highboys, IxssMHß Tables. Chairs, JLo.; Sheffield Plat* Engravings. Mirror*. Bronza*. Dresden Clock Sets. Persian a -a« and Carpets, and OH Painting*. by James Fatrman, decsasacu And by er<S»r «»f th« American Society for the PrevervUon of Cruelty to Animal** About 50 pieces of Antique Jswsw» Bead Baas. Rings. Pin«, and • pair of Solitaire Diamond Earrings. To •»• »»id Wednesday. Thursday and Sstur««w December 5, • and I, at 2 o'Clock each day. Also by ordsr m! J. W. Hampton, Jr., & Co. 41 Broadway, • eho'.e* co!1«ct!0B «* Chinese and Jaoa«es» el "!f* ■• broidered Hangings, Solid »'> tr in great variety; mm**** Carved tvori«s. Japan«»« Prints, <&.a, Ac* to b* aoliS Friday, Dtcimotr •• at 2 o'Clock. ertv in this way. do^oc e|^=t^ tty Corporation ; In . X»» ™^,d, d by TrinKT t&^£ of which is that only trouble $•. •£ and th* old Aator "'„" t tiey cSnot Had tt* *& Tiling to T-«co*«r ta« s«»«^ oi tn« year.