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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, February 19, 1907, Image 1

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V- LXVL . .S° 22,010. *-*■'• asLTSSIa sLTSS IL NEW-YOBK, TUESDAY. FEBRUARY 19. 1907. -FOURTEEN PAGES.-*n. < BEBS2&»*
INVESTIGATING THE CAUSE OF THE DISASTER ON THE NEW YORK CENTRAL.
CORONER SCHWANNECKE AND JURY ON THE SCENE OF SATURDAY'S ACCIDENT. CORONER
ON EXTREME RIGHT OF PICTURE.
PASS EXCLUSION BILL.
IT GOES TO PRESIDENT.
House Approves Japanese Settle
ment Plan by Party Votes.
•~t---. The Tribune Bureau.]
Washington. Feb. IS.— Legislative approval of
the President's plan for ending the Japanese dis
turbances in California was completed to-day
when the House, by a vote of IST to 101, adopted
the conference report on the Immigration bill,
containing the passport clause for the exclu
sion of Japanese coolies from this country. The
Democrats did everything in their power to
defeat this action, attempting to form an alli
ance with the friends of steamship companies
which object to the clause requiring additional
air space for each Immigrant on their ships,
making points of order, and finally voting to a
man against the motion to lay on the table an
appeal they had taken from the decision of the
speaker overruling the point of order that the
objectionable clauses were Improperly placed In
the report by the House managers.
The Democrats sought to confuse the Cali
fornia delegation by declaring that they would
stand by the people of that state on the school
question, even If the California Representatives
In Congress did not. The Californfaas replied
that when the facts became known it would be
i«»er that San -Arancisco had neither sacrificed
her eelf-sovernment nor permitted the general
government to dictate what should be her local
rovernment They said that the people of Cal
ifornia were content to rely on the patriotism
an/i the sense of justice of the President to
protect them from the influx of Mongolians.
Advocates of an educational test oue.ej no
opposition to the enactment of thy law, although
that test had been stricken out. In fact, they
urged the adoption of the report on the ground
that the House would not be Justified In pre
venting the peaceable settlement of the Japan
ese question. Mr. Gardner, of Massachusetts,
leader of the advocates of the educational fst,
rave notice to the House that, while- he had
rom» "to bury Caesar, not to praise him," the
burial -was temporary, and before long Oongrers
would be brought face to face with the neces
sity of adopting an educational test.
Four Republicans— Fordney, of Michi
iran; McCall, of Massachusetts; McCarthy, of
Nebraska, and Smith, of lowa—voted against
agreeing to the report, while four Democrats-
Messrs. Da Armono 1 . of Missouri; Maynard. of
Virginia, Moon, of Tennessee, and Wiley, of Ala
bama — voted for it.
Mr. Burnett, of Alabama, made point* of order
sgatnst the provision whi^h undertakes to regu
late the incoming of Japanese coolies and
sgainfit the whole of Section 4li. having relation
to the air space in vessels 'urint:i:.K Immigrants
to the United States.
The Speaker overruled the points of order on
the ground that the conferrees bad been wholly
■within their rights when they agreed to a sub
stitute for both the Benati and House i !!!.<=.
Mr. Burnett appealed fn th ■'.••■ laion of tl:e
chair, and Mr. Payne, of Now York, moved to
lay the appeal on the table,
The ayes and noes were called, and thr appeal
mas tabled by a strict party rote of 196 to 104.
JAPANESE AXD SCHOOLS.
Agreement Reached Explained by
Mayor Schmitz.
Washington. Feb. IS.— The basis of the agree
ment reached by President Roosevelt. Secretary
Root, Mayor Bchmitz and the members of the
fan Francisco School Board on the Japanese
school controversy made public to-night by
Mayor Schmitz provides that "all children of
lien races under sixteen years of age who
speak the English language may be admitted
to the white schools. Special schools are to be
established for children of alien birth who are
deficient in the dements of the English lan
guage."
Shortly before midnight the following state
ment was given out at the White House:
A typewritten copy of Mayor Schmitz's state
ment was submitted to President Roosevelt and
fiecretary Root by the Associated Press, and the
statement is entirely satisfactory to them.
Mayor Schmitz*3 statement follows:
We find that the administration and Congress
ere entirely alive to the situation in California,
and we fee! they are anxious to meet the wishes
of the California!:*. They are al*o desirous of
keeping on the best possible terms with Japan
and of doing nothing: which can break the an
cient friendship between that cotrntry and iii«
'"t'l'.' State*. It has been explained to us with
«Sis greatest positiveiiess that the form or the
«irtion taken by the School Board of Sun Fran
••'.sco Jn •elation to tho Japan^e school children
Jic* btti: completely misunderstood and mis
construed as an attack upon th« Japanese a«
such, and that this misunderstanding and mis
construction nave been and now are one of the
chief obstacles to the achievement of ih.j pur
pose the people of California really have In view;
thjs purposq J being to secure by honorable and
amicable arrangement with Japan the mutual
exclusion from the two countries of the labor-
Mi, eki!!<--<i nod unskilled, ■•'• each country. This
tamest desire of the people of California and,
" •■ may add. in our belief, of the*peoplft of the
--«'•- 7 ■nciv <'nant. to check the coming hither
' nation*') en tMni inc.
«FTER ALL. USHER'S THE SCOTCH
l " tl -de tat blabUil famoua.-Advt.
SUICIDE FOLLOWS DEATH.
Woman Friend of Ralph Tilt on,
Who Died Saturday, Kills Herself.
The body of Mrs. Bertha Bauduay, who had
been separated from her husband, Louis Ban
duay. a salesman, v.as found yesterday with a
bullet through the brain, in her boardjng bouse.
No. 346 West 58th street. Coroner Shrady, who
is Investigating the rap.-, said be believed the
woman had been dead since Saturday.
Among a number of loners found in her room
was one addressed to n friend In Mamaroneck,
N. V . which read:
My Dear Dot: Ralph di»*d this afternoon, and
< all I had to live for. That is all
BERT.
It was learned later that Mrs. Bauduay was
a. friend of Ralph Tilton, until recentlj
of "The Delineator," who died at his home, N"
738 West End avenue, on Saturday and was
buried yesterday. Mr. Tilton waa :i son of
Theodore Tilton. a deacon In the Plymouth
Church, Brooklyn, who brought I ■
suit againsi Henrj Ward Beecher
Two other letters were round In her room, ono
of which was addressed to a friend, Mrs. Cath
arine • "roas-dale. No. 363 West 58th street, and
the other to her father, C. 11. Sawyer, ef the
United States Hrokerage Company, No 710
Missouri Trust Company Building, st Louis.
At the home of Mrs. Croasdale Mr. Croasdale
said that his wife v.as Blck. He said thai the
letter received by his wife from the d
i-n'-'i""' 1 two requests, one asking that h.r
father be notified and the other :1 at h<
iif- cremated. He continued that Mrs. Bauduay
had been married about eight years, during
which time she and her husband had made
their home in St. Louis. }!•■ said tl al she oame
B city about six months ag | made
her homo In the boarding bouse where she was
found dead.
-Mrs. Catherine Frank, the boardii .
said la.st night that Bhe knew iitilt- of tl ■
woman. Bhe said that Mrs. Bauduay was em
ployed by the Adams Express Company, at No
o West 11th Btre< t
Mr. Bauduay, who is believed to be in Phila
delphia, v.as notified *by telegraph. It v.as
learned that he sent word to his brother-in-law
to take charge of the body, which" f now In an
undertaking establishment In fifith street, near
Eighth avenue.
Ft. Louis, Feb. 18. Mrs. i
In New York t<
Df C H. Sawyer, n lumber dealei n r husband is
the son of Dr. Jerome K. Bauduay, bi . an a
THIRTY MEN KILLED.
Seventy-five Missing ExjAosion in
Mexican Coal Mine.
Monterey, Feb. IS. -A dispatch to "The News"
from I^an Esperanzes, Coahuila, says that at
least thirty men are known to !>«• d<->nd and
twelve Injured as a result of ;iti explosion of pas
in the coal mine at that place
The explosion was in the Conquista Mine NTo
T;. Thirty dead bodies have been t.-ik< n out or
the wreck and i» is estimated thai seventy-five
aiv yet in ih« mine.
Us ESsocranzas !s on the line of the inter
national Railway, about seventy-five miles from
Eagle Pass, Tex. it la the principal coaling
centre In Mexico, and many men, Including a
large number of Japanese, nr<> employed there.
AFTER 11. (LAY PIERCE.
Texas Issues Requisition for Head
of Oil Company. Now Here.
Jefferson City. Mo., Feb. IR. \ r*-o,uisltlon t\as
received h*r« to-day from the Governor of Texas
for if. clay Pierre, of st Louis, president of the
"Water?- J'ler'c oil Company, who is wanted In
Austin, Tex., on the charge of making false
affidavits. Governor Folk will have a hearing <*n
the requisition to-morrow.
Mr. Pierce is in New York. His son, C. A.
Pierce, *ald that he did not know when his
father would return.
Austin, Tex., Feb. 18. — The legislative com
mittee investigating Senator Bailey will resume
work to-morrow. The general attorney of the
Waters- Pierce Oil Company, J. D. Johnson, and
all the books of the company have startod back
to Si. lx>uis, and are no longer under the juris
diction of the committee. The books were not
displayed in evidence, because it was thought
thai they contained nothing of special moment.
H is to be decided to-morrow whether the sub
committee shall go to New York to question 11.
Clay Pierce, president of th.- Waters-Pierce Oil
Company. Mr. Bailey may go on the stand to
mon ow.
H. day Pierce is registered at the Waldorf.
PRESIDENT SENDS SCHOOL $200.
By Telegraph to Th» Tribune. I
Mtddleshoro, Ky.. Fob. 18. Miss Emily Win
ters, matron of the Grace Nettleton Memorial
School and Orphans' Home at Cumberland
Gap, Teiin.. Is in receipt of a letter from Presi
dent Roosevelt commending tie work of that
Institution and Inclosing a check for $200. The
President said In his letter thai th« gift was
from an "unknown friend.' Mrs. Roosevelt, in
-„,,- younger days, war a pupil of "*'• win
t< rs
Try Gold & Black Label, I 2 &■ 3 Crown Sherries,
enli- suuviajrd aberri*a bottied aaro«4.— Advt. -
SEEKS CAUSE OF WRECK
CORONER STILL IN DARK.
Railroad Commissioners Foiled —
Dead Now X timber Twenty-one.
An-.ther victim of ihe Central wreck of Satur
day night died yesterday, bringing the number
of deaths t,. twenty-one. Three more, all in
Fordham Hospital. 8 r« likely to die. The latest
death wan that of Ernest Knoll, a young: wid
ower of Mount (Cisco. Coroner UacDonald was
summoned to tnk<> hig ante-mortem statement,
but did not reach the hospital In time.
three who are likely to die tire Miss Mabel
Smith, of Oneonta; Miss Ella Sntffen. <>f Engto
wood, N. J., and Miss Arabella Fowler, of
intvllle. There are six other patients left
In Fordham, and two others in Lebanon Hos
pital, all or whom probably will • iver.
The Inquest < ■; the ili^astpr w.ih sinrttd yes
terdaj t> Coroner Scbwannecke, at tho Hronx
Coroner's office. This was followed by a trip to
the scene of the disaster by the Coroner's Jury.
representatives of the District Attorney's office
and railroa No progress v ;is :...i ie.
Railroad C ers, a* the ape
clal order of the Governor, «!so visited the
of the • <- r which they had luncheon nt
the Murrc, Mil Hotel, Mtld then i!-
Albany. It ; : nol believed that t'
any official declsl
TKSTIMdNY BRFOitB CORONB
Coroner Schwanneoke uta led to lake '■■•■ -
mony about noon, ;ti d after listei Ing 1 1 .! \t
Havlland, ■ living In WhMe Plains,
■ ::h a passenger, called A M Cormlck,
■uperlntendeni ■' the Harlem Division. H's
most ■ testimony ■ as -:njf to
f the rain :iu(\ the weight of H■■
As nn alternative to the theory
that the last car wan whipped off th»> track l.v
the centrifugal f "; ' the trntn «■■-.* lturinit
around the curve a* too f.l^h n speed, v has
suggested thnt the rails spread beneath
the weight of the motors. lii describing the
electric locomotives, Mr. McCormick said
"Each locomotive i« thirty-seven feet long and
weighs ninety-six tons. They have four driving
on esch side and two trailers The old
tyre of strain locomotive \k from K«»Yenty to
fißhty feet long, and <";.-is« 1 locomotives wetjh
It\\ tons.
"No change «n« made In the tr;i"k for the tn
stalllng of the electrical service, except to
change the eighty-pound rails for one-hundred
pound rails. No change was made in the tilt of
the track at which this accident occurred, nt
that time. 'W. have a standard elevation for a
track that curves which always is maintained.
This elevation varies with the sharpness of th'
curve, the weight and speed of the trains, etc.
Our engineer reports that the curve where this
accident occurred is mathematically correct.
Th»» curve ia what la known as a three-degree
curve."
RUNNING TIME A MILK A MINUTE.
Concerning the speed of the train Mr. Mr-
Cormi'!; testified that the train was ■
leave the Grand Central Stntlnn at <*> 13 o'clock,
Bnd was due ai Wakefleld at 0 '.'^ o'i lock, the
running tin.c thus being; 12:60 n,:l*<« In twenty
flve minutes. The train -^:n due to pans the
Bronx Park station at 0:.':.". o'clock, and the
Willlamsbridge station, .06 mile further north,
at 6:36 ocio.k. making the running timo practi
cally a mile a minute al the point of the dis
aster.
Mr McCormick said thnt to the best of
knowledge the accident occurred either at •"> Ai
or 6:48 o'clock. M* ranched the scene of the
••. re. k a* about H:ir> o'clock, having first been
Informed of the disaster at about 7:U<> o'clock
In replies to question! by the Assistant District
Attorney, Mr. McCormick Mid that ho found
the electric locomotives about thr<*o hundred
yards beyond th» Woodlawn Road Kririn", at
'..'<>!st street. He then described the torn-up
track*. In examining the locomotives and the
cars he paid that ho found nil but one of the
wheels of th« first motor on the track, while
only one nmnll wheel of tl.p second motor had
clung to the irons. The first truck of the smoker
wns off the track, having been torn loose from
tho <nr. The rest of the train Iny toppled over
on Us side. Only In one smull place did he see
any evidence of lire.
"l>id you see uri.v Indication along the track
to show where the cam had flrst tipped over?"
asked Mr. Smyth.
•■I did not."
"Did you see any evidences as to how far
the cars hud been dragged?"
"I did not, except in the case of ih*» flrst cur.
It showed where it had been dragged some feet.
Th<-n* was not no much to be leen regarding tlu>
second car."
RAIL NOT BROKEN.
Coroner Schwannecke then asked whether the
eastern side of the westerly rail bore any marks.
Mi- McCormick answered that the rails had
I, een shoved out, and what is known as .i Web
ber Joint had been pulled over p.bout an inch
from its proper position. The rail, he said, had
not been broken, nor so far as he could see
hn-1 it been bent
The witness then explained h<"\ ih* rails ar»
( <>••' Inurd on fifth pngr.
SHORTEST- QUICKEST FLORIDA ROUTE
]»■» ■ eeafcoard Air. I in« through Finohurst. amden,
Columbia. JackjoovUlt. Omoe, Utt B'wiy.-^Uvt.
NO TARIFF REVISION.
.SO PKESIDEXT BELIEVES.
Satisfied That Next Congress Will
Not Change Dingley Schedules.
[From The Trlimna Bureau. ]
Washington, Feb. 18.— The President has sent
a brief reply to Governor Guild of Massachu
setts, acknowledging the recent petition Kent to
him by the Governor asking for a special ses
sion of Congress to revise the tariff. After a
long conference with Senators Lodge and Crane
this morning;, and after sounding other members
of both houses of Congress, the President de
cided merely to acknowledge the petition re
ceived from the Massachusetts Governor and
to say that it would receive careful considera
tion.
The fact Is, however, that the President be
lieves tiiore. is not the slightest possibility of
tariff revision In the Immediate future, and
this . formation he lias conveyed to members
of the Massachusetts delegation in Congress.
There are good grounds for believing that the
President would welcome some readjustment of
the Dlngley schedules, but that this cannot be
accomplished by the next Congress he Is abso
lutely satisfied. Afier sounding the leaders.
especially of the House, where a tariff hill must,
under the Constitution, originate, the President
lias ascertained that the sentiment against tariff
changes- preponderates. The Speaker is as
stanch a "standpatter^ as he ever was. and so
are the men he has placed In power In the
House. Accordingly the President has explained
to ihn Massachusetts and Wisconsin advocates
of revision that* he ran do nothing to help them.
Tie Is satisfied that even were he to summon
Congress in special cession the leaden would
do nothlnc hut kill time for a little while nnd
then adjourn, and that general sentiment Is not
sufficiently strong to force, the leaders.
Representative Ames, of Masachusetts, who
has been circulating a petition calling for a
caucus of the House to take up this subject,
has failed. Members when approached .;n the
subject have either refused absolutely to sign
or have dodged the Massachusetts member until
they could consult the President, after which
they have given a definite refusal.
Some of the leader* declare that it would be
the height of folly to undertake to change the
tariff schedules bo short a time before a na
tional election, but affirm that the next national
platftorm drafted by the Republicans will pledge
the party to the calling of a special session im
mediately after March 4, I£M.*!>. for the purpose
of making such changes In the schedules as
may be deemed advisable. Practically all the
leaders acquiesce in this programme, which they
believe will rob the Democrats of the only pos
sible Issue on which they might appeal for sup
port in the campaign >■! lUUB. it some of the
leaders arc also praying that by the spring of
1909 the Treasury surplus will have become so
(>!••!. that it may be deemed folly to make
any changes In the tariff, they are not now ad
vertising the fact, mill there '' ; no question !■•••
gardlng the President's sincerity of purpose
This purpose v. ill be carried into effect If he
possesses sufficient influence In the next na
tional convention, and a successor in sympathy
with his views Is chosen.
SIX LOST lIiTII BARGES,
Two Men Saved by Breeches not/ — ■
Anxiety for Txvo Other Bouts.
Highland Light, Mas- . Feb. IS. Six seamen
were lost when the Philadelphia & Reading
Coal Company's barges Irani and Alaska went
ashore and broke up off (i">rc to-day. Two men,
the captain of the (Jlrard and i»ne seaman, were
saved. They were hauled ashoro In the breeches
buoy by members of the life saving ■ row of the
Highland Light Station. Two soemen of the
Glrard, Joseph Johnson and Joseph Johansen,
and four of the Alasku were tost.
The men rescued were Captain La rue n and
Morton Uurke. of the Girard. The barges, to
gether with the barge Bethayres. were bound
from Philadelphia for Boston, Lynn and Salem,
in tow of the tug Valley Porno. In the north
east gale mid heavy snowstorm early to-day th •
barges broke adrift and the Glrard soon was
driven ashore. Johnson and Johansen wore
caught in the < :il>in and drowned, but the life
savers shot a lit,.- aboard and brought off Cap
tain Larsen and Burke In the breeches buoy!
During the afternoon the Alaska struck the
breakers and quickly went to the bottom with
all on board.
The whereabouts of the tug Valley Forga
and tho barge Be,tliayres was unknown here
to-night. It was though! possible, howeyer, that
the tug had proceeded eastward with the hargt^
Except for :i short time late this afternoon ob
servation Iwa9 limited '■•< one mile from shor.-.
About •"• o'clock the fog lifted for v few min
utes, but although the tlfesavera at thai tun,
could see live miles offshore they were unabli
to make <>ut any Bign of either the tug or barge.
Much anxiety was felt (o-nlght, regard both
vessels, as ■:..•■■( was still rough;
FIVE KILLED BY DYNAMITE
Section Gang Members Blown to Atoms on
Louisville & Nashville.
-
i., :■■..■•, - Ky.. F*eJS IS. —A section foreman narperl
Suttc'n and fmii of his cfeW irw< killed hy ■, dyni]
nltA cj:pio«ion to-fliv :i'»r Ha-sl« Patch, en lb«
Louisville ft Nashville Railroad. The bodies were
blow a to atom*.
CORONER'S JLTRY LISTENING TO WITNESSES.
OFFICER SAVES FOUR.
Clothing Burning from Body, He
Makes Fifth Attempt in Vain.
With roaring flames about him, his uniform
burned off Ma scorched body, and tbe heat and
smoke nearly suffocating him. Roundsman
Charlee Maas. of the Eldrldffe street station,
tried to save the lives of five persons, a woman
and four children. In a blazing tenement house
al No. !."> Clinton street late last evening.
He got the four children out. though two of
them were seriously, perhaps fatally, burned.
Kut the woman. Mrs. Lena Greenberg, after
Maas had passed her out to tho fourth flo^r rear
fire escape, was too terrified to climb down the
stairs, and in her frenzy of fear, threw herself
into the basement areatvay. She will die of her
Injuries
Mans n;is rescued, ready to >-ol!apse. Ny the
firemen, and went to Gowerneur Hospital with
th« other victin"?.
THE 3 rN-JfßEt>.
BRASH Mrs. ,T»r.rl9. burned on b«3y arl fac»: Gom— ■
neur H <>s?ltal.
BRASS. Jui:\:«, seven years old, burn* of body. l»«» and
■ un»; Gouvernaur H<N>plt«l.
BRASS. Annl". f.ve y»»r» oil. b'irn* cf bo<lv «nd l«ga;
Qouvern«ur Hospital.
PRAS3. Katie, thr— years old. burn." of fae#; Gouverneur
Hospital. *
CP.EGXBERf}. Mr». lyrv hums and internal lnjurte*.
serious; Gouverncur Hospital.
MAAS. ii:*»!«. on» and on««-ha!r years old. »!lirhtly
burned; remained with frl»nds«.
MA \s. Charles, roundsman, bums of fac* and hand*:
ij"uv«nifur Hospital.
OAKTiEV. John T.. fireman. Truck It. burns of f»c« and
. . hondii; Gouv«rneur Hospital. -
It was Mrs. Oreenberg who Jumped. Patrol
man Benjamin Jacobs saw the flames and
turned in an alarm: then he burst in the door
and rushed into the building, followed by*
Roundsman Maas. Them were twenty families
in the house. Those in front were helped out
by Jacobs, who carried Mrs. Margaret Lep
vltch. seventy years old. down th« flr« escape
from the third floor. He also rescued Mrs. Mary
Connell and her two children. Maas went to tho
top of the house and worked his way down in
the rear, where several families were cut off by
the fire. By the time he had pa wind out the last
of the Brass family his uniform was almost
burned from his body and he could hardly
stand
MR. HIGGINS'S WILL FILED
Estate Estimated at $14ftOOJW0 Goes
Chiefly to His Widow.
Olean, x. Y. Feb. 18 The win of ex-Gov
ernor Higulns was admitted to probate to-d.iy.
Bequests of a public and charitable character
are as follows: Rushford Cemetery Association.
for the purchase nnd Improvement of adjoining
land, $900; for Improvement of the cemetery at
Centrevllle, AIU-sany County, provided that a
cemetery association ba legally organized within
one year, S;i'M>. to the Vorman Library of Olean.
for the purchase of scientific and htstortcal
books, to l>e selected by the widow and
of tiie testator and the sister's husband. .?■_'.<•«►>.
to ths w.sf in New York Society for the Pro
tectlon of Homeless and Friendless Children of
>lph, N. Y. .*r.,<NHj; to Ihe Olean General
Hospital, .<l<mxh>, to the trustees under the win,
$lO,O(MJi the Income of which is to be expended
by them in maintaining and beautifying th.>
public square or park on the t.orrh side or
or*s home. In clean, .luring the lifetime o?
tbe testator's widow, or ur.tii she shall cease
to oci upy the house.
Bequests are made to the testator's rector.
personal friends, employes and servants. Trusts
are created for the benefit of the testator *
\ut> and children, and his wife is made the sole
residuary legatee. The executors, ar Frank L.
Bar let and N. V. V. Francnot, who, with his
brother-in-law, Frank Sullivan Smith, are name 5
as trustees under, the will. Neither the executors
nor the trustees shall be required to give bond.
The executors an 1 vested with power to sell and
convey real estate. . ;
No mention is made of the value of the estate
but it is estimated to he between *1 4.» m »0 «"M m » and
?Ifi,<>t*M>ot>.
TOM ERMAX GVMLTT.
Held Responsible for Ninth Avenue
Elevated Wreck of 1905.
Cornelius A. Jackson, of Baychester. who was
the towerman at Ninth avenue and 38d street on
September 11, 1005, when n Ninth avenue
Elevated train ran o3 the track at the curve
and one cor fell to the street, killing twelve per
sona arid .injuring twenty-eight, was convicted
yesterday <>* manslaughter In the second de
gree before Judge Foster, In genera] Sessions. A
strong recommendation for mercy accompanied
{lie verdict of the jury. Jackson will be sen
tenced on Thursday.
lie was tried on the specific charge of caus
ing the death of Solomon Newgass. Paul Kelly
was the motorman of the train, which was
bound downtown during the rush hours of tlu>
morning.
The evidence on which Jackson v.as convicted
went to show that on the morning of the wreck
he had ••■! the signals for a train which was to
I. ike the curve end run down Sixth avenue after
passing through .V.d street. Then he left the
tower, and aa a Ninth avenue train came along,
which should have taken the straight track down
town. It hit the open switch and the forward car
plunged Into the street.
S> ■ i
DEV/EY'S SAUTERNE AND MOSELLE.
White Pinner 'Wines or" Superior Quality
H. T. Dewey * Sous Co., 134 Fulton ay, Kgvr York.
— Advt.
PRICE THREE CENTS.
KELSEY BEFORE HUGHES
A LOXG EXAMINATION.
Superintendent Felt It Necessary to-
Retain Subordinates. "
[By Telegraph to Tho Tribune. ]
Albany. Feb. UL— Taking up again his part
of insurance investigator. Governor Hughes to
day, at a public hearing, put Superintendent
Kelsey on the stand t> show how ha hart
conducted his office. Under the Governor*
clear rut, piercing yuestions. as merciless and
searching aa ever his examination before the
Armstrong committee was, Mr. Kelsey admitted
that be never read the entire Armstrong report;
that iie kept Robert H. Hunter and Isaac Van
derpoel in office because he had not arranged a
satisfactory scheme of reorganization which
would not put ••public odium" on them, al
though they had been mercilessly handled by
Mr. Hughes In the insurance report, and al
though he hal not entire confidence in them.
Further Interrogation compelled the Superin*
tendent of Insurance to say that he did cot
remember that Senator Armstrong and Mr.
Hughes had specifically advised him to dis
charge those officials last June, although he did,
remember a four-hour interview with them re
viewing the entire insurance situation; he had
not in his administration of the department
dismissed th« examiner appointed at the request
of Andre w*T*. Fl-uls: Tie not dismissed IX H,
Keefer, the state's first assistant actuary. «ha
at the same time was acting as actuary for
the Security Mutual of Blnghamton; in fact,
when Mr. Vanderpoei finally resigned. Keefer
had been promoted to practically the supervision
of the New York office and the chief examiner«
Ship.
-Mr. Kelsry had cot had time, he pleaded. t«
make a careful study to localize inefficiency in
his department. He believed that It would be
essential to "clean house. ** bur "not in the sense
of dismissing the men that were necessary for
the conduct of the daily business in a bunch."
QUESTION AFTER QUESTION HTRLEIX •
Th« scene in th» executive chamber in its en
tire spirit was a revival of the sessions In the
aldermanic chamber at the New York City Hall
which through some of their disclosures startled
the entire country. Its stage setting was different;
but in the same keen fashion Governor Hughes
handled Superintendent Kelsey as he had ban
dled the numerous witnesses at those Inquiries.
Question after question was hurled at htm.
piercing to the very heart of conditions la his
department.
When after several questions the. Governor
had brought the Superintendent to say that oe
considered the retention of. Hunter and Van
deijpoel and the resulting conditions "lax." thai
Governor retorted:
"la lax the strongest terra you feel called 04
to apply?" •
"I don't feel called on to denounce them.**
said Mr. Kelsey.
And then the Governor, In his most earnest
tones, said as he leaned far over his desk:
one of the things I wanted to get at. Ma>
Superintendent, is whether you appreciated tlaa*
renl situation there.""
Mr. Kelsey's defence was that he persossslh/
had not had experience enough to throw out
Hunter, Vanderpoel and the others, nor time
enough 1- reorganize the department with Brood
men as their successors. He did not trust th*m>
thoroughly, but felt it necessary to rely oa
their reports, believing that through hie water
ing and the changed conditions in the '>nsw>
anoe companies after the investigation these)
men would do their duty well enough. Although
In question after question the Governor aakad
if he did not consider this reliance perilous, after
th» disclosures of, th* Armstrong investigation
of conditions which those, officials should iMasSf
shown up, he dM not express that view.
KELSEYS FRIENDS AT HEARING.
Many of Mr. Kelsey 'a personal friends sa4
through the hearing.
"Otto's the salt of the earth." said on© aftew
it had ended.
"Otto handled himself beautifully.'* said an
other. lien told that the opinion expressed
by many other people was that Mr. Kelsey'a
answers had proved the Governor's case, he
chuckled softly and retorted. "What an absurd
ity!"
The Governor permitted Mr. Keisey to take a
raphtc report of his answers, and gave
him pc ;i brief ti>-morrow morn
•. mi; t'orth any further facts in the rase.
"Hut fa>.ts. facts.*' emphasized the Governor.
•■\\«- doni want .ir^uments."
After consideration of this brief, the Governor
will send his request for Mr. Kelsey's head to
the Senate, unless something new In it causes
him to change his mind. That body will refer
the request to th. Judiciary . Committee, prob
ably; but nobody expects it to stay in committee
long. Little doubt exists here, save among Mr.
Kelsey's closest friends, that the Governor .Trill
be sustained by the Senate. The attitude of ths
Democrats is somewhat in doubt. The latest
development is a report that all have agreed not
to vote on the q\ie3tion. on the ground that it
"EVERY EVEN HOUR" TO WASHINGTON
Eight spl-ndld Boy il Pin- trains leai • New- YorS
•very ■lay for Baltimore and 'Washington, from
» a.."m. »•> • p m.. on the "Even Hour."- a- at. 7
p. m in-1 1:80 midnight Th* "Royal Umitfd* leaves
4 r m.. * »th »ntir«» PaCmnr. «n'-iprf <nt -of cafe.
9'.r. .king. parlor, observation ami dinin; cars— tha
finest day train tn the -world, .with no extra. far«,
via, C. R. sV of N. J. and Baltimore «ad Oiio.-^LdTt.

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