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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, January 26, 1907, Image 2

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___— _—^— «— — — — — — —
the court qulck'.y suppressed. Mr. Ketcham said
tie wan opposed to the method of carrying out
Ighe death penalty in New Tork State, but was
'.not noosed to capital punishment. Thaw was
• trongly in favor of him as a juror, and nodded
Jils head emphatically to his counsel. His
lawyers tried hard to nave Mr. Ketcham accept
•£, but a challenge for cause by the prosecution
was sustained.
John B. Glc&son assisted Mr. Hart ridge in th*
examination of talesmen for the flret time yes
terday. His questions were on somewhat dif
ferent lines than those asked •>>■ his associate
counsel. The first man he examined was
Charles H. Nesbitt. a wholesale dealer in shoes.
"When Mr. Nesbitt's name was called. its simi
larity to that of the defendant's wife was
quickly noticed. Mrs. Evelyn Thaw turned to
look at the talesman as he rope from his
•eat and watched him, narrowly as he walked
past her. She leaned forward to hear every word
of his examination. The state challenged him
jferemptorlly. ;
Six of the talesmen yesterday swore they had
known Stanford White personally, another was
a member of two clubs of which White had also
been a member, and still another had had busi
ness relations with the firm of M. Kirn. Mead &
"White for several years. They were all ex
cused by consent.
When court adjourned the seven Jurors were
taken, under guard, to the Broadway Central
Hotel, where they will remain until Monday
morning They are allowed to receive visits
from their wives, but from no one else. All
newspapers are censured before they can have
them, every Item about the Thaw case first
t being cut out. All their letters are opened, and
anything referring- to the trial is excluded.
Magazines are also examined to see if letters or
notes are left In them. The jurors may spend
their time playing cards, reading, chatting, or.
•■far as possible. In attending? to their private
dullness. Their confinement Is scarcely lees rig
orous than that of th» prisoner they will try.
The rolS^all had been read at the morning-
Session and Thaw brought In. when a delay
oCturreß to allow of the arraignment before
Justice Fitzgerald of William A. Brewer, Jr..
ex-president of the Washington Life Insurance
Company, who Is under three Indictments charg-
Ing perjury. William Rand. jr.. who appeared
for hlnx.-fhook hond* heartily with District At
torney Jerome. whose chief aid he had b*>en In
many criminal «~asep. and after Mr. Brewer had
pleaded not guilty, the Thaw rase was resumed.
Walter" M Jackson, th* Bret talesman called.
was under examination for some time before be
tng challenged for bias. He lives at No. 1200
Bast 167 th street. Mr. Jerome n^ked him: "
Q.— Have yeu any private opinion about mental
sVberratlon or unsounflness'of rr.tnd that might In
terfere with your jud«irt»nt ? A.— l have not. ■;
Q.— Would you allow any such opinion* to away
your mind? A.— No.
Q.— lf drawn as a Juror «ouM- you gi»-e- a faith
ifui ver&rt on ♦!»• evidence, and not let emotion or
sympathy sway roti* A.— Tee.
Q-.— Would you convict If the evidence satisfied
you beyond all reasonable doubt? A.— Yes. . ,
O — any reason* exist why you would rot be
ex fair and impartial Juror' A.— Certain prejudices
exist which make me think I might rot be per
fectly fair j ...>
•»Ir. Jerome trent deeper Into Insanity pl«»as
irhen Astley C. Jeni!ngi«. manager, of No. 242
I>enox avenue. was called. He a«W:
There Is enK one kind «f HSMOWadassa of
mini which excuse* & crime. Would you p. crept
th« law on tha«? A— l Woul*
Q.— Woulfi you corslet If the prosecution pr*>v»l
the v guilt - of ' <•»• accused beyond a reasonab>
d«vjbt? A—l mould. ;. ■ '
Q — You wouldn't (■••julre .proof beyond all po»
#1M* rlwb»? — T T.-r.:M rot.-
Question* by Mr. Cartridge brought such fa
vorably answers that !t looked •• If another
Juror would b» chosen. He asked: -'; -
Q— As lon* as the court Instruct* you that the
defence made' ls a l«*al one. It wouldn't make any
£!~ere«i»e to you what that defence was? A —lt
would not.
Q —ft wouldn't mite any difference If then*
w«>re half a <J<wen defences? A— No.' :
—Do you know of any reason why you w<v;M
not make a fair and Impartial Juror? A.— l do
Then Mr Jernlng* whispered to the court
and his excuse. which wan not announced, was
The nert two talesmen were quickly disposed
of. r>?r!p« M. Levey, a Jeweller, of No. 18SI
Seventh avenue, was exempt and was excused.
Charles A. Fuller, a real estate dealer, of No.
328 Broadway, had an opinion which would
Influence his verdict
Charles D. Halsey. a broker, of No. 49 But
?2d afreet, also wild he had a decided opinion.
He declared that he didn't think he could change
It. and added that he knew pome of the princi
pals In the case and wan also a member of two
clubs to which White had belonged. He was
challenged for bias.
Thres others occupied the stand In rapid suc
cession. all being excused by consent because
they had strong opinions which nothing could
niter. They were Horace If. Smith, of No. 71
"West »2d street: Bruce Hopkins, of No. 1264
Lexington avenue, and Andrew B. Graflus, of
|fo 85ft Went 71st street.
When James M. Ketcham. a travelling sales
man . for the Ftprague Electric Company, was
called, however, over half an hour passed before
he was challenged for cause by the defence.
To the prosecution he said he had formed an
opinion. Mr. Hart ridge then examined Mm.
Q.~ Would It take evidence to '-hang* your opin
ion* A.— would. '
Q Are you In favor of capital punishment? A.—
I have no conscientious scruples aguin*t capital
punishment, but I am opposed to tbe death penalty
sraJized in this state.
; Q.— Did you know Mr. fltaofora White? A.— l km
pleased to say I did not. :
Q.— Did you know ariv member of bis firm. A.— l
have don* business with Mi Kirn. Mead & White
for treaty .years.
Th»w plainly showed his . desire for the se
tectton at the. talesman, and the defence with
drew Its challenge The prosecution tried to
escape using: a peremptory challenge, and. the
<kf«n,ce attempted ■to ■ force It. Justice FiU
r«rald • put several questions to the talesman.
and explained:
~My wassa for putting Questions to the tsja*
mmn was to allow htm to explain his anawers.
At fast his replies seamed contradictory."
The talesman m-as challenged for cause anew
br the prosecution, and the challenge was sus
- A tslatiam waa received by the court at this
tkne addressed to Albert A. Brookway, of No.
It Watt 61st street. Mr. Brocftway was one of
- the panel. He said ns had been notified that
his rather was dead, and the court excused him
for tha rsasalnflar oC the term.
Ttto more talssmtu hardly more than an
swers* *• thdr names before they were excused.
Augustas) H. Sands, of No. 888 Wast End ave
nue, fett so much objection to capital punish
m«r;t that he could not serve. Walter O. Mor
To overcome that ailment '- *
You require . Nature* Assistance
: ; ; r '. SALT'
Is Nature's Own Remedy
CX"CtIOy.J-tTorntnt \\t Ccrtult ant. Nt t\<,t
U U mar Imt JBACTtf 'fKVIT H^LT; cihetttUt
%/r>u t, .tic I >■' ilrtrrt tl/r-n/l HJf-i-'-ry —
„.*•' . Ii!ITA72Oy,
Prepared only hj -r. C FNO. hid.
" /'FRUIT. SALT* WORKS, London.
S.£..£na.by J. C. ENO? Patent.
e.'Mc*fr». B. FOUGEP.A. h CO..M
ke «a 4 W Korth tn-Mitm Ptr*e«, New Tcrk.'
decai. of No. 167 West 80th street, had formed
an opinion that no testimony could change.
Charles H. NCSbltt, of No. 211 West 14lM
street, answered all the questions of Mr. Jerome
satisfactorily, and John B. Gleason, of counsel
for the defendant, began the cross-examination.
lie asked:
Q.— You understand a reasonable doubt is not a
mere whim, sues* or surmise, but a true reason
able doubt, and you would give the defendant the
.benefit thereof? ■ A.— Yes.
; Q.— You can give a perfectly impartial verdict;
your mind Is open to the evidence? A. — Yes.
Q.— Would the fact thai you would be locked up
for several week* away from your family and
business affect your Judgment la rendering an Im
[ partial verdict? A.— I do not think 30.
Mr. Jerojne, however, was not satisfied with
! the talesman and challenged peremptorily.
Harold R. Fairc, the next talesman, was the
i first juror obtained for the day. He is a broker,
i living at No. -1 Manhattan avenue. He an
swered the questions of both prosecution and de
; fence satisfactorily. Mr. Falre is only thirty
three years old. He has a smooth face and 1°
• the youngest juror thus far obtained.
Only one more talesman was examined before
recess. Aaron M. Klaw, of No. 140 West llsl
street, who was excused for cause.
To allow of the opening of court promptly on
time in the afternoon, luncheon was served to
the six Jurors in the Jury room. Mrs. Evelyn
Thaw and Miss May Mackenzie. Mrs. William
Thaw and Mrs;. Carnegie, formed two parties at
different tables in a ilttle room off the judge's
room. Tills division gave even stronger point
to the differences in the Thaw family. When
she had finished her luncheftn Mrs. Evelyn Thaw
went back to the room where the jurors had
: eaten their meal, and talked for a few minutes
! to her husband.
The afternoon session began promptly at 2
o'clock, and Kmil W. Cohen, of No. 321 Fifth
avenue, was first called. He was excused by
consent, after Mr. Jerome had asked:
Q — Arc there any business or family matters that
would affect your Judgment If you -were selected
as a juror? A.— 1 fear so. i am afraid thai some
distress of mind might affect my judgment. so Mint
1 could not give the case the attention it deserves.
My wife has :ind*rrone a serious operation and
ha^ heon home from the hospital only a few days,
and 1 am much worried]
"Excused by consent,** said Mr. Jerome, In
terrupting. ,•
Throe m«»n In succession said they had been
personally acquainted with Stanford White.
Henry C. Cryder saM he had known him for
ream Francis <*. Oreen. of No. ]T» Ks^t 4»>th
street, said hi« acquaintance with White would
preclude him from properly wttghtne the evi
dence. Abraham H. Feu<htwans*r. of No. ! |s; "
MJHlison avenue, advanced the rnme reason.
Charles Raphael, of No. 200 Weil I«th street.
was excused, as ho had formed an irrovncaM*
opinion. <"harle* M. Anderson, of No. T5 West
12.*»th street, was excused, owing to a recent
i«ovoro Illness.
Justice Henry A. QtldgraiagT*. of the Supreme
Court. sat with Justice Fitzgerald for sonw
time. He listened with close attention to the
Martin T. Ford, of No. ".92 Lexington avenue,
a general agent of. the Equitable Ufa Assurance
Society, feared to take the responsibility of de
riding the guilt or innocence of ■ man on trial
for murder. Mr. Jerome, however, was anxious
to fill th» Jury box. and made a determined ef
fort to get Mr. Ford to take one of the seats
He asked:
-Don't you think that you could try this case
on the evidence, uninfluenced by any opinion or
Impression you may have formed: A.-I believe
that I could, but I am not certain.
Q -T« It your ben belief that you COUld: A.—
That is my best belief.
Q —Do you know of any reason ?h«u would ren
der it Impossible for you to draw conclusions from
the evidence, uninfluenced by sympathy or "mo
tion? A. -A« 'ar «« mv or-mloti is concerned. 1
don't feel that i should assume such a responsibil
ity I believe that I oould determine the case '.m
partially. but I am not certain. 1 fear the responsi
bility Moreover. lam not cl*«r that I could give
the case, the attention It deserves; I would be mor»
or less worried by my business affairs, which re
quire my personal attention. I conicientlouely be
fleve that If I was confined In this case my Judg
ment would be seriously eff*ct*d.
The defence Aid not want a man of this frame
of mind, and' so challenged for cause and was
For * fall hour talesman after talesman whs
put on the grill and dismissed after the shortest
of examinations. Th* majority tinted »hat their
minds were already made up. It looked as if
the day would come to a close without another
Juror being chosen. Thaw became bored at the
deadly dulness of the proceedings, and shifted
uneasily In his seat
With the advent of Paris M. Fletcher, of No.
188 Manhattan aver.ue. there waa a slight re
vival of Interest. Mr. Fletcher was a Juror at
the second "Nan" Patterson trial. He voted
gul.ty at that trial. He ««« elao on th*? apo
dal par.ci for the TerrPiiova trial, but after the
etate had'aeceyted him waa peremptorily chal
lenged ».y the defence. Thaw's counsel followed
ihe same course. Then followed another period
of dulness.
I^nlx- S Lake, of No. 440 TTnat 122 d street.
was excused because he waa opposed to the
death penalty Waiter J Peck. <jf No 17H
Madison avenue, and William H. D. Van Duser,
of No. 9*l! East 1.16 th street. w«r« challenged
for cause. Archibald l.c Roy, of No. t\B Kust
4UUi btreet. knew Stanford White, and so had
John R. Hlnchman. of No. 29U Central Park
V/eet. Robert E. Mackay. of No. 816 East 20th
street, was excused, as he had moved to New
ark. George Van Vornt. of No. 180 Weat 104 th
street, and Solomon N. Levy, of No. 145 West
70th street, had opinions. Samuel J. Cohen,
of No. 174 Bast Tdth street, was excused by
consent, and ao was Oustave A. Rchnltzler. of
No. 161! West 141 st street. Henry A. Dewey.
of No. 0B Liberty street, and Thomas T. Deinp
sey, of No. 2065 Seventh avenue, were chal
lenged for cause. Lathrop Thaeher. of No. f>o7
West 142 d street, had a positive opinion, hut
was examined more fully. Mr. Qarvan asked
Q— lf you are aoaepted as a juror could you ren
der a verdict on tbe evidence, uninfluenced by tbat
oplnlonf A— l could not. ...
Q.— You have a vary decided opinion? A.— l hava.
Milton W. Curry, of No. 312 West 101 st
street, had a physician's certificate, which ex
cused him. Henry W. Donald, of No. 27 West
60th street, waa excused. liuther W. Jacobs, of
No. 211 West 86th street, said It would taka
very strong evidence to change his opinion, and
was also excused.
Benjamtn F. Btan#;land. of No. 057 West 128 d
street, said he had done business with McKlm.
Mead 4 White, and was exoused.
Malcolm 8. Fraser. a salasman, of No. R2 West
66th street, was the first likely juror to make
an appearance In an hour. Ha answered all
of Mr. Garvan's questions satisfactorily. What,
ever opinion he had for need would not Influence
Bla Judnn.er.t. he aald. Mr HartrHge examined
Q.— Do you know of any reason why you could
net give the defer. a fa.tr *x.<l impartial verdict
on the evidence? A-— I know Of none.
•Q.— You would nve the defendant the benefit of
every reasonable doubt? A.— would.
After a few questions of similar import he
was sworn in as the seventh Juror. Ha appar
ently had the approval of the Thaw family and
the defendant himself. He was scrutinized
closely by. all the defendant's relatives as he
took the seventh seat behind the foreman. < »..;
Another Ions; list of talesmen who had ex
cuses which permitted them to quickly leave the
TTltntsa Ftand followed Mr. Fraser. John Cal
vlru of No. 184 West £24 street, was excused
because he had known Stanford White; Joseph
M. Tobias, of No. 102 Fifth avenue, was chal
lenged ' for • bias; "CVillard Church, a journalist.
-:. . ■.-. of Colonel Wililam C Church, was ex
cu»ea by consent, a* was William E. ScsJea, of
No. 163 West 140tii air ft William H. Hum
phrey, of No. 150 East 38th street, said that his
wife and family had been. Intimate friends of
the White family for years. He was challenged
for ause. Marcus W. Cane, of No. 1 West 30th
street, had a strong opinion, and was also chal
lenged for cause.
Then Robert I'mlerwood Johnson was ex
amined. Mr. Johnson is associate editor of
"Tli»- Century Magazine." Me did not nave to
answer many questions. Mr. Garvan examined
Q. Is there any reason why you should not be
able to serve as a Juror and give a Just and equi
table verdict? A. 1 am theoretically opposed to
capital punishment, but I would not permit a. con
scientious scruple to Influence a statement of facts.
I would obey the law.
Q. Have you formed an opinion as to the guilt
or Innocence of the defendant? A. I have.
<j. Could you lay it aside on entering the jury
box and give a fair verdict? A. I could not. My
reason for tills !s that for thirty years I was an
lutlm;ite friend of Stanford White.
After this statement Mr. Johnson was quickly
The last three talesmen of the day were dls
posod of in s ; '.i>i! order. Ju!iu3 Cloldstone, of
Nil. 121 St. Nicholas avenue, was excused by
ronsent, ar.il Henry D. Moeller, jr.. of No. 7
Krist 42d street, had a deci<led opinion. Mr.
Jerome tii^d to get him to change it but with
Couldn't you lav aside your opinion? A.— l
am afraid to-say thai I could. I can hardly say
that I would lay it aside.
•}.—. — Do you believe, If you took the oath to serve
as a Juror, thai yon would allow an opinion based
upon such flimsy material as newspaper reports
and conversations to Influence your mind If a man's
life was nt stake.' A.-I am afraid that I would
have to give weight to ny opinion.
Richard Hltchlns, a white-haired old man,
who said he hctd been connected with the United
State cotnmissory department, was challenged
by Mr. Hartrtdge after he had asked if he knew
any one connected with the District Attorney's
office. "Tea. I have a son employed In that
office,*: replied Mr. Hitchlns.
Justice Fitzgerald then declared court ad
journed to Monday, after repeating his warning
to the jurors not to discuss the case in any way.
Clifford W. HartridK»\ Thaw's senior counsel,
expressed his annoyance at the stories of quar
rels in the Than family. He denied them em
phatlcally; and explained the Countess of Yar
mouth's absence by declaring that it was due
solely to the fact thai she was suffering from
grip Mr. Hart ridge's denials, however, were
lacked upon as being made purely through mo
tives of policy.
With seven Jurors chosen from 101 talesmen
it is believed there will he no difficulty in get
ting the other five from the same panel. Th*
defence had ■ conference on Thursday night
"hi' lasted until early yesterday morning, and
last nighr held another, at which the members
of the Thaw family wore present. Conferences
of counsel and the family will be held to-day
nnd to-morrow.
• •
ritt!.|vir*. .Inn. S -Mrs Charles J. Holman.
mother of Mr?. Evelyn Neablt Th««-. Mid to-day
that she did not Intend to go to New York to
become a witness for th« prosecution, or even as
a spectator at the Thaw trial She said she hnd
no thought of seeking vengeance.
Cape May Jury Also Decides He 111 Treated
His Children.
[ F!y Tf!»*r«rh to Th« Tr!bun» I
Cape May. X. J.. Jan 25 fames Witter Brown,
who was accused of feeding ills children on shark
meat, »n<l with keeping them out in the cold only
half-clothed, on the pies that such treatment was
good for th*ir health, was convicted here this
flft»m'*->n of cruelty. T>ie verdict wan rendered
by a • iry of only eleven men. the twelfth Juror.
Frederick Boener. havhic been ordered from tho
lurjr box by the court after li.winif attempted to
M*a .< not-? to the defendant's coun«el. The de
.»-!! I !ant'i» inm»J, ex-Judge Weatcott, In Humming
-»'■ ir.pipted uj'on fllinj: bumoroui anecdotes, ami
loft ![-,. courtroom in an ancrv mood after a se
vere reprimand by th* presiding- Judge.
The Jury ;.< -.juitt. .1 Brown of th* two charge*
of assault, cunflr.liiu his kuIH to the fix counts
a^alrifit him for cruelty.
Fi.e defendant Rrr.riii»-1 .^ri-l practically admitted
a", of the d-r<*ct chaiftes of the states witnraie*.
so r».r Is the f«rt« wr>» concerned, but denied •»>■
hl» troßtment wai cruel.
. Rom Wai thu Negro cook in the Brown homo.
said tltal !n her forty years' experience she had
nev r «*n letter foo<f provided. Wh-n «nked
about th« Bhark pi«. the told now 11 was made
nut enl.i she norer ate «ny of it. When asked
what variety of shark it whs made fr'iin th» Mid
•No .varW-ty; just plain shark."
Says Wife He Is Suing for Divorce Ib Unfit
to Care for Them.
Application was mad* yesterday In White Plains
by Walter P. BlaCvCman. a captain In the
102 d United States Volunteers m the Spanish-
American War. a resident of New Rochelle.
through M. J. Tlern y and Assistant District Attor
ney W. N. Moore, to the Supreme Court for an
order to compel his wife. Mrs. Ularn-he I. Black
!uun, to turn Over to his custody their two children
pending the. determination of n divorce suit brought
i.. the captain The application wus mad* to Jan
tlca Mills, who said that he must have proof that
the mother wan unfit to cars for the children. Mr
Tlerney isnld ha would submit such affidavits. The
two children who are nought by their father are
O»-ral<5i!i«. live yearn «>ld. and Dean, three years
old. They ere bow In the custody of their mother
who la living In New Rochelle. It Is alleged that
Mrs. Blackman Is addicted to the use of Intoxicat
ing liquors.
Culpepar, Va». Jim i;. ''it,., trial of Jamea
and Hdlip Btrother", for killing William By
waters, hus bean set for February It. They
gave bonds in th... sum of $5,000 each, on* of the
members of the grand jury returning the Indict
ments being one of the sureties.
Lansing, Mich.. Jan. Ml— Oacar <\ Downey, one of
tli« proprietors of the. Hotel Downey, the leading
hotel of this city. wiiei« li.iuoi was sold on Kew
Year i I>:iy to .. crowd of poIUII-luiih gathered l^ro
for the fnlted States Senatorial cnteat was Sen
ton/v.i by Judg« Wiest io-d.-iy to thlrtv days In ihn
oouaty jail uaa to pay a iin'o „t |Ml
Dwlglit Elmendorf will give a series of "Delight
ful Hours of Travel" In this city during February.
Ab lils subjects for this new aeries he haa chosen
Ireland, Englnnd, Scotland", Norway and the Land
of the Midnight Hun. Mr. Elmendorf haa taken the
country rather than the cities us his theme These
lectures will be delivered ut Carnegie Hall In two
courses, exactly lUIKe. Course A will be given on
five Thursday afternoons beginning February 7 at
3 p. m.. and course H will V>« given on five Sunday
evenings, beginning Sunday. February 10 at 815
Striking trousers makers made trouble yesterday
at the shop of David Dlamondstein. In the rear of
No. 183 Rlvinirton street. They broke Into the shop,
and a fight began. The police found that Jacob
Buohner, ono of the non-union men, hnd been
chased through a window and down the fire escape
by the crowd. Sixteen men were arrested and
taken to the Essex Market court, where two of
them, Hyman Blochman and Samuel Ureene. were
fined $5 each, and the rest Were discharged.
Benjamin Larger, secretary of the United Gar
ment Workers, said yesterday that the strike was
not approved of originally by the United Garment
Worker* of America, with which the strikers' union
Is affiliated.
Omaha, Jan. 2fi.-~ Th* Omaha courts have decided
that works of art by famous painters. Including
Vnn Dyke. Rubens nnd Yonder Werff. lire Inde
cent and that reproductions of them cannot be sold
in Omaha atores. For persisting In their sale John
Oreonberg waa fined thla morning and warned that
on the next offence he would be sent to jail.
Greenberg had on solo copies of Rubons's "Judg
ment of Parla." the original of which la In tho
Dresden Art Gallery- Van Dyke's "Diana and the
Golden nelgn of Jupiter." Vander WerfTs 'Magda
len s." and others of that class.
It was decided yeiterlay by the Consolidated
Board of Business Agents, a central body*>f build
ing trade unions, to ask Governor Hughes either to
reappolnt John Williams as State Factory Inspector
or to. appoint Thomas Hook, of the Pavers' Union,
who < made a personal fight against William R
Hearst last fall.- to the petition. •■ Williams, before
he became Factory Inspector,- was president of the
United Brotherhood of CTarpentara. It 'was also
-• •-.. to atk Chairman Qrlffenhagen of the
building: cod© committee of the Board of Alder
men, ;o axroint two practical men aa members.
Bingham Announces Xeic Plan to
Solve Police Problem,
General Bingham announced yesterday a five
platoon patrol system for the police, to begin at
2a. m. to-morrow. It Is a compromise between
the three platoon system, which he recently dis
carded an a failure, and the old two platoon sys
tem, under which the police force of the city
worked well for half a century.
As readers of The Tribune have been told, the
two platoon system keeps practically the entire
patrol force on duty, either In patrol on posts or
In reserve at the police stations, from 6 p. m. to
6 a. m.. while In the day hours- one-quarter of
the patrolmen are patrolling and one-eighth are
In reserve. Six hour tours of duty are main
Under the three platoon system only one-third
of \he force could be en duty at one time, a
patrolman wot king eight hours and then hav
ing sixteen hours off duly In the twenty-four.
The tours of duty were eight hours at a stretch,
and the night posts were about four times as
long as under the two platoon system. The ar
rangement encouraged irking and general
neglect of patrol duty. ' .- \
General Bingham's five platoon system, as he
has explained in a statement accompanying the
order. Is intended to give patrolmen more time
oft duty without materially lessening the- night
patrol force. Two platoons are kept on patrol
In six hour tours and one platoon In reserve in
the night hours, from 8 p. m. to 8 a- m., the re
lieving time being ! a. m. Instead of midnight.
The five platoon system Is made to rotate once
in five days, and in that time each platoon has
one whole day oft duty, the platoons alternating
In hours of duty and off duty. Each platoon
also has two periods of twelve hours off duty In
the five, days, but there are two days of the five
in which each platoon will have only two hours
of freedom In the twenty-four. The extra time
off for the' patrolmen, since the day duty re
mains practically the fame as In th« two platoon
system. Is obtained by cutting down th*» reserve
fo/ce at night.
General Hingham's »t<t torrent includes th^ fol
it Is deemed to be beyond controversy that in
New York it Is necessary that ther« should al
ways be a league of police in every station
house sufficient to be of value when called upon;
also, that (hiring the night hours, 8 p. in. to 8
a. m., the patrolling fr»r< ••> should b* double what
it is during the daytime.
On the other hand, it seems beyond contro
versy that a policeman who is called upon to
patrol only six hours continuously should do
better work than If he had to patrol eight
hour* continuously. AU", if possible his time
on duty should be continuous and his time off
duty continuous, as much as possible. One of
th* main difficulties of nil systems of patrol
which have been studied 1* that there was a
great deal of broken time — that is. only short
periods of rest between periods of work.
The five platoon system now adopted runs its
cycle In five day» No tour of • patrol Is longer
than Plx hours, followed by reserve, which
must be, counted as resting tune, during which
time the men can deep if they wish to. unless
called upon for emergency duty. .Tha five
platoon system gives patrolmen a full twenty
four hour* off every fly» days. In addition,
there is no off time which is less than twelve
Chairman Marks of the Civic Federation's
committee on the poHc« said last evening:
The new plan gives th* policemen an oppor
tunity to go to their homes for rest four day*
out nt every five, a period of at least twelve
hours each time, which Is a distinct gain for
them over the present system, which enables
them to go homo for rest only every other day.
The committee Is delighted with the change of
hours now made by Commissioner Rlngham. not
because It considers th« new arrangement Ideal,
but because It believes it to be a step in the
right direction. A gradual Improvement Is al
ways safer nn>l .m >re likely to be lasting In Its
good results than a midden drnstlc change. We
hope to sco great Improvement in our police ser
vlcn a« a result of this movement.
The new patrol system will not affect th*
hour* of duty of th* traffic squads ami other
special squad! of the force.
The order of Folioe Commissioner BinKham <il»
nlaalnji Patrolman Hugli F. Ma gut re. of the Hth
Precinct, wi PnntiU-ii hy the Appellate Dlvlalon
yesterday II «■»» rharged thai M;»aulr«> disobeyed
II « rules In Inducing Mauriro McMahon. of No. M
Kaet 125 th street, to r'.»>.iK« in a pawnshop a watch
Which M.-Ma^on'a son >•,;» 1 found. It was alleged
that Maaulre (tot $5 from McMahon. The court
decided thai evidence wat lacking.
Appellate Division Decides That Bequests
Do Not Vitiate Widow* Rights.
Th« Appellate Division •>( the Supreme Court
handed down yesterday a decision modifying a
Judgment of tho lower court In the ease of Alfred
B. Brown against Anna Brown, Augusta A Brown
and others In connection with the estate of Paul
8. Bruwr.
Mr. Brown was rnsrrled Is Miss Augusta Arnlree
on August 21. 1901. He .ii.a a week later, hitestate.
Mr. Brown was then rtlnaty years old, but In the
full possession of his facultlea no far n* th« evi
dence showed. The ante-nuptial agreement pro
vided that If Mr. lirown should tile, within three
years hi* widow should receive I.UUW Swedish
crowns, but that if he should liv« Jive yaara she
should get s.ot«i crowns, besides receiving on her
husband's death. $*> a month until the division »t
his estate, when aha was to receive her dower
In full.
Justice Dowllnf decided thai Mrs. Brown was not
entitled to the dower, holding thai the special pay
ments were In lien thereof. Thai dacUlon the Ap
pellate Division modifies, nnd She la li.-1.l to »>•» on
titled lv her full dower ritfht^. PreaiUlna Juatien
Patterson and Justice Rough ton dlyseut from tho
Largest Issue of New Insurance and Greatest
Growth in Insurance in Force.
The. a«a«ts of. the. Hams i.iro Insurance Com
j any. as given la the company's forty-seveath an
nual statement, amount to $19,018,81013 and its sain
In admitted assets for 19f)« to Ji.iSJ.uiu. Its premium
receipts, aceordlasj to ths statement- showed a
gain of $&6.6£!9l over those of line. u» a result of
the lureest issue of new Insurance la the com
pany's history ami the greatest growth In Insur
ance in forty which Is Riven at $((,338,219. The In
surance In fJriß on December 31. 1906, Is given as
The principal item set down on the liabilities aide
of the company's statement is it* policy reserve
amounting to Jie.006.~08. The company's assets hi
detail, according to the statement, are: Bonds and
mortgages. 15,*)9,Ci0; bonds and stocks (market
Value*. JB.ttU7.7K»l; real estate, |1.6>»,«!i» si; cash In
banks and trunt companies, fc'W.r.li 7.",; loans to i>ol-
Icyhotders, $1,960.9:>6 14, and other assets, <40<>,^0 Si
Th« officers of tlio company am George K. lUe
president; William A. Murshall, vice-president anrl
Actuary; Ellis W. Glad win. vice-president and sec
retary; William <} Low, vice-president and general
counsel; Henry K. Ide. assistant secretary: Lemuel
H. Arnold, counsel; George W. .Murray. superin
tendent of agents: Frank W. i "lupin, medical di
rector; Juliua C. Bierwlrth. associate medical direc
tor. and Frederick C. UllllarU. cashier.
It Is announced from Philadelphia that Rlcnard
Mansfield, who opens at tho New Amsterdam on
February *. wll play "Peer Oynt" for three
"Miss Amertoaniiky." a dramatization by Will A.
Ffege of Archibald Olavering (Jutifr's lutest novel,
will have Its first presentation In February at the
Worcester Theatre, Worcester. Mass when Miss
Florence Reed, daughter of the late Roland Reed
will be aeen In thu lending part. The scenes of the
play are lal.l In Japan and Manchuria during the
war. Mr. Ounter has collaborated with Mr. Page.
■•Neptum»"s Dsughter" and "Pioneer Daya." at
the Hippodrome, reached their 100 th performance
at the matinee yesterday. Since "Neptune's Daugh
ter" was first produced, November 28. not one mer
maid and net one member of the cast has missed
a performance.
Henry Woodruff will give a professional matinee
of "Brown of Harvard" at the Majestic on next
Th« Hebrew vaudeville strikers paraded through
the East Sid© yesterday afternoon la an effort to
arou»« public sympathy. fffitywWfcßSSßfsßfej
- is modeled to please particular people — electric
lighted and luxuriously furnished,' heated by steam
and ventilated by electric fans. Each section and
compartment in the sleeping cars has its individual
reading lamps. The table d'hote dinner in the dining
car is one of the finest meals served on wheels. ■
The Limited leaves Chicago daily at 6.30 p.m.
There are three other daily trains to St. Paul and
Minneapolis via The North-Western Line, leaving
j^S^^^^Sk Chicago at 9.00 a.m., 10.00 p.m. and
3.00 1 a.m., making a most complete
fljSnTh *4[j LU dally service to the Twin Cities.
f^jljljLyE H. C ' Cheyney. Genersl Ar- CAN -W. Rjr,
I LLU^sisPE y^ 481 Broadway,- Now York.
O FFICst or TH «
Atlantic Mutual Insurance Company
!C»w Tork, January ». 139?.
The Trustee*, in conformity Kith the Charter of the Company, $iibmlt th« following statcmei*
of its affairs on the 31»t of December, 1906.
Premiums on M.rln. RLks from Ist January. 190«. to 31st Voasmser. 1»Q« ..., „ »1 '»» .Ml.**
Premiums on Policies not marked off Ist January. 130 St»S t» ». UHlj
Prlm.^; !^aW l » OimmL »aY WV «s» *"**.*&* .• '. : T' " :: *.:*. t V. i: . t^V>V g.^af.T J : Jl
Rtr^^x^^I'^^^*'::::::::::::::::::::::::::::::::::::::: *%s&lu m.i..»».m
Lowes paid during the year, which ware estimated In 1905 and previous niiu
Le.^ ft^c^;d:';;umauaand'p;iim'i9««::::::::::::::::::::::::::: i.eo»:ss«:»» tt.»i».a«.«»
TmhIVMH •••• lIOT.IT9S?
Rc-lnsur&nce* • " iao.i»o.T« 137.aa..3i
Eip" r ivi* » Of «n "JSi'n? offlVers-' sshwlss' and 'clerks' pompensation. VuttoM^.' nowspa- "'
p»r«. a'iv-rtHetti»nt«. »te - «»«.99»t?
m&afiiira h «" .'. h of f °x.°w '^WKSkT'T^i. r. ten aad •»« mantles ""I"*"
Sp»cl»l D*po«lt* in Bank* and Trust Companies...... •• V;,ii««»' n '''•"'■"
R,ai Eclat' cornet Wall and -n-iniam Bt».. an.l Exch«n » Pl*c« t«.59».«90.00 . — -
Oth»r B«»I Estate and claims fine the Company 75.000.00 «.t7«,W8 l »»
?"h 'irthV nVn as" of E«ros« B.nX.r. •„ p.V U^V^iir pVti^ WM in f-r-«n e^ntVt.; *%ht&l\
Cash In Bank 56i.t31.il
ISI.IBIITaS —• ..11?.T3?.»23.n
A dividend of Six per cent. mt«r*st on th« outatafKlln* eertlflcates of proflu *!!! be paid to the holders
thereof or their legal representative*, on and after Tuesday, tho fifth of February next
The outstandlnsJ csrtia^ates of tho Issue of 1901 will bo redeemed and paid to the holders thereof, or
their • !«sal rep^nwentattves" on and after Tuesday. th» fifth of Ffbrnary Ms! from whir date all tntewst
h'reon *! cease The certlCeatea to be produced a' th« Mmo of payment, and cancelled.
\dlv'd»nd*>f Forty per cent Is declared on th«» net earned premium, of the Company for th* year ma
ins » Ist December, 190«. for which, upon e>ppllcatloa. certtfleates wlll^ bo Issued on and after Tuesday. t!j»
seventh of May next. orfler #f tfc. .^a.
O. STAN'TOX FlOTI»-JO>-»9, Secretary.
?RA\CIIM BACON' CLEMENT a. oaiacoM, Nicholas T. palmhk.
TUfHARO H BWART. # A. A RAVE3T. Pr-sUefit.
CORNELIUS ELDERT. Vlr».pr»s«eß«.
# JAMES L. LTVf.V'-,*TOV 2<J Vice-President.
SANKORD E. COBB. 3.i Pr»»M»nr.
_f_ : CHARLES E. FAT. M Tlee-Prealdant.
Runaway Horses Upset Two Han
*nms in Their Path.
During a runaway In Fifth avenue last night
three cabs were overturned at 33th street. The
crash caused great excitement In trie neigh
borhood, and many guests from the Waldorf
roshed to the scene.
While driving down the avenue, two horses
were frightened at 40th street, and bolted. The
driver was unable lo control th» animals, and
they ran down the venue. The driver shouted
and warned the. drivers of other vehicles, who
gave the runaway a clear path. As the team
reach*! 85th street, the carriage swerved and
crashed Into a hansom. Both vehicles were
overturned and a* the hansom toppled over It
■truck another, which was overturned.
It was nearly an hour before the debris from
the wrecked carriages was cleared. Glenn, th«
driver of the team that started the trouble, was
locked up In the Tenderloin police station on a
charge of Intoxication. In the station house, lie
said the accident happened because the horses
were hitched too closely to the carriage.
Joseph Hundley Severe! Criticises
Alleged 'Shady' Methods.
1 By T> !<?Br»ph ♦'"• Th-> Tribune. 1
Atlanta. Jan. Joseph I'oadley. the Xew
York capitalist, who has Urge investment* In the
South, spoke to-day of the New York Cotton Ex
change, which he says Is 'robbing the South of
millions by shady methods." lie continued:
Some of Die methods of the Stew York I'oMon
Exchance are Shady. There are men there who
are above reproach! hut the exchange la run by a
clique, and tills clique t* composed of men running
the exchange fur personal profit. In my short ex
p«-rlem» In Cotton ICxehange speculation to help
out Sully. 1 s.tu this crowd wan uatng questionable
methods ti» rob the producer of cotton of what he
should have. With Ibe teas of millions I control
In Investments in the South und elsewhere. l mv
thai the pr tsneritj of the country depends on
cotton, and when 'tlie clique In the Cotton Ex
cltange la allowed to have its wny aad send prices
to the bottom, this country will have a panic from
which It will take yean to recover.
Mr Hoadtey stated thai I* the Secretary of the
Treasury investigates lie will nnd that New York
national banks lend money for cotton speculation
on securities quoted l" 1 point? above market
C rices' and worth ■ i«»^ He said that cotton 13
eirifi sold to insurance companies in cases at
tire for !"■< points tbova value.

Uptown Taxpayers Discuss Project with
Railway Officials, but Reach No Decision.
At a conference yesterday of officials of the New
York i it > Railway Company, the Interboroush
Itnpld Transit Cssnpany and the Dyckssaa Taxpay
ers' Association th* question of th« closilif; of por
tions of 219 th. i'l»th and 23Hh streets and Ninth
avenue by the Interborough company was thor
oughly discussed^.
During ths conference the plans and elevations
of the proposed machine shop* and storage* trucks
for vacant cars were presented by F. B. Bryan, of
the Interborough. and after about an hour's dis
cussion the Interborough officials withdrew and
the property owners, after carefully considering
the plan?, passed the following resolution:
That the property owners in the neighborhood of
Broadway. Ninth avenue. 218 th. l v l»th and 2MKh
streets go on record as absolutely mix! unqualifiedly
opposed to the closing of 21Sth. 219 th and £Mih
streets and Ninth avenue, ami they request that
th« petition now before the local board of "Wash
ington Heights district for the closing of said
streets and avenue he denied.
To Ret $80,000. which she alleges is being withheld
from her. Hannah Ellns. through her attorney. An
drew F. Murray, of No. 302 Broadway, obtained
yesterday afternoon a summons for P. \V. Dugan.
aaid to he a draper of curtains, living in Ninth
avenue, near 50th street. The summons la return
able oh Tuesday.
According to Mr. Murray, in ISM. when the
woman was arrested, she turned over to Dugan
•151.000. He acted, the lawyer said, as her bailee,
and paid whatever debts she contracted. After
her discharge, the lawyer stated, she demanded
the money, and all. with the exception of Km
In Jewelry and bankbook accounts, was ret urn* l
According to the lawyer. Dugan demands ti>.>»)
for his services, and will not return the fKfar^mZ
his claims are satisfied.
Always. Remember the FulJ Name .*
■ axative Uromo Quinine^ .??/ zj en every
Cur«aaCQUlaOM&ay.Crl^ai>ay« V^ > V/V^WO^ b«L 23c
Kent's Rotury
100.000 bnwb
European Hotels ami families
Jews &(^ON6Eit
Sol* A rents.
«»•*»« West 4Sd Stitsef, ami
133 West .11. t St.. Xew fat*.
Ambassador Says Government Has Already
Expressed Willingness to Washington.
El Paso. Tex.. Jan. 23.— Ambassador Enritxoa
Creel, of Mexico, and suite left El Paao for "W'ash
lnstwn to-nigfcr. Th© ambassador said to-day that
a.-> far as the B*lton Pea question was concerned.
bit government had already conveyed to Washing
ton Its permission for American officer* to enter
Mexico to repair th» break in th* Colorado Rive*
and to construct any works that might be ne,-ea
sarv to stop the flow of thd Colorado into th» Im
perial Valley.
Humored Repayment of Alleged Forgerlst
in Wrecked Waynesburg Bank.
IBy T«lecra.a!» Si The Tribune. 1
Plttsbur*. Jan. S.-A special from. ■WsjrrfS'unT
to-night says relatives h»v« come to th» rescue of
J. B. F. Rlnehart. former cashier and vice-SPSS**
dent of the wrecked Farmers and Drovers' Ma»
tional Bank of that place, and that he will mate
good all sums where forgery in charged.
It 1* asserted that if he makes th» losses good
the cliarges will be withdrawn or nolle proased.
This will leave Rluehart to face only proceeilins«
Instituted by the United States government. Tbeae
chary.i the* making of false report* to the Con
troller of the Currency, containing alleged u!s»
crepnacies to the amount of J»50.573.
British Labor Delegates Defeat Proposal by
Great Majority.
Belfast. Jan A— 99 the overwhelming ma- i
jority of 835.000 votes against tMM| •» rspra
sented by the delegates, the labor conference
this morn Ins rejected the proposed amendment
to the constitution of the party, which would (
have transformed it Into aa avowedly so
clallst organization. The proposed amandines^
was contained In a resolution suggesting the In
sertion of the following idea In th© constitu
Th!» annual conference hereby declares that Its
ultimate object shall he the obtaining for tba
workers the- full results of their labors by the
overthrow of the present competitive system of
capitalism and the Institution of public owner*
ship and control of all means of life.
The opponents of the proposed amendment said]
that It would create irreparable dissension in the
party, as the trades unionists were opposed 0
pledging themselves to socialism.
Animals Must Hot Re Carried en Trail*
Over 84 Hour* Without Unload
{ By T«l«sr»»h to The Trt'jvr*. 1
- Omaha. Jan. 25. — The federal government baa
decided to enforce strictly the livestock laws,
which prohibit railroads from keeping livestock oa
train.* more than twenty-eight hour* without un
loading them for feeding and water. Pistrlot At
torney Otmm filed two suits to-day against the Bur
lington Railroad, In saw* of which he asked that
the mlxlmum penalty be assessed aitrtlnst the read.
In one case the Burlington Is charged with keeatag
livestock on the train forty hour* and In the ethsr
forty-live hours. In neither case was the stasis
given water or food during that time.
I By Teleer*ph Si The Tribune. ] _
Chicago. Jan. S3-— There have been many report*
from Zlon City that Alexander Dowle was not to
proving In health, but It is stated to-day that «ha>
former head of. Zlon Is approaching death. 1^
condition betas much worse than at any bisilsosj
time since he became Hit.

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