New-York tribune. [volume], March 23, 1907, Image 1

About New-York tribune. [volume] (New York [N.Y.]) 1866-1924

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Y mt ~ LXVI. . . . K° 22.042.
ALL SWEAR THAW SA\E
his coi \\si;l a greed.
Defence Unafraid of Lunacy Board
— Letters from Prisoner.
7!ie attempt BjMdl IMstrlct Attorney Jerome
I* niaUto;? to obtain the appointment of a com
ir.ission <n lunacy to examine Harry K. Thaw
and <3<fide before the trial proceeds further
—jailer he ip able to confer with counsel may
fee frustrated if the plans mapped out by the
defence go through. The defence, ivhich has
until this afternoon to submit its affidavits to
Justice / '2O*r«ld in contradiction of those sub
mitted by the District Attorney, aril] offer nenrly
a dozen sworn affidavits, any one of which,
counwl think, should be sufficient to prevent the
Mmotalnrent of a commission.
ythousb BeveraJ times it has been published
that iv-lphin M. Delmas. the principal counsel
for the defence, v ould l.ot be able to make any
affidavit, as he had aever «onf erred with Thaw,
it is understood that his affidavit, which he will
rsrctcv.t to-day, will be one of the strongest
points on which the defence hopes to defeat Mr.
Jeronie"* action for a commission.
Mr. ]•.;•■;, it is understood, has made an
affidavit. 'in which he has embodied a letter he
received from Harry K. Thaw. This letter was
r p CP ive(l the day after the trial proper opened
snn the day after John B. Qleaeon mad» the
opening address. Mr. Dehna*. after Mr. <U»'a
«on's creak opening, sent word to Thaw that h«
would have nothing furtler to do with the case
unless hf took charge. The letter, which is em
bodied in The affidavit, is the reply to the one
from Mr. D<=lmp.s, and !s sad to be the strongest
cari held by the defence In the fight against a
commission in lunacy.
Affidavits will be submlttetd by all of Thaw's
counsel. They will rear he is able to confer
Intelllsently an-i sanely. All the alienists. Fix
In number, will also 6wes> that in their spin
ion Th.nw is mentally competent at the present
time. Besides tries'- affidavits, there will b? an
other from Dr. Oeorge F. Bhiels. an alienist.
who will swear that Thaw is not suffering from
paranoia and is aMe to advise his counsel. The
court wil deride on Monday morning whether
or not Thaw should face a commission in lun
*C>" NOT AFRAID OF COMMISSION.
If a pommission Is appointed and it examines
Thaw counsel for th« defence ray that under
the Statutes of this state :h*>r^ are only two
vital Tuestions which it can answer, namely,
vhetl it consider! that the prisoner is rap '
able of advising oouiMel at the present time and
whether lie is entirely capable of understanding
the nature of his art. Thaw's counsel think
that both ansvrrs would be favorable.
The letters which Thaw wrote to J. D. I.yon.
cf Pittsburgh which the defence made an effort
to produce in evidence, bur which was frus
trated by ,1-,,-. prosecution, were made public ye —
terday. Arrordin? to the prosecution, they point
strongly toward Thaw being a monomaniac One
r.f them rods in part:
I'm sorry U;a: the msr.aprr of Miss N.s hotel is
an idot Fhe Fto r p«-I on* nizat ;-t a ]>1 1.;« tailed
ij» but ji-ns disturbed by >tre.-t noi.-«»*.
No on* wa.« moved, nnd »11 „).-:.l s were served.
Now fhe has a better place wit.i a aue v/oinan.
Sirs Kan<\ ft friend or .' family-:.
1 never can this . nor K',^>k. nor wrote to him.
You know of h«T m^fortunes.
lo!:sian marrk-d l.*r mother three y.virs ' °
late.' He is trying to keep her 'J'ii.-t. fin.i n. .'X.
Ehoiiid the facts come out. n<» one but wd be
'>v» *h« »f.M the chill to the most notorious tlns *
tard in X. Y.
Everythir.s pro\es it.
I and a vory few oi her persons know she did not
mean vonc hut slnf* infancy sh*> was jealous or
r.r.d delikM th<- <-hU<l. and was b'.il!«--.1 to an unhe
jevaUf extent liy 'his Jilackßiiar.l ami .
If h« Fays anvthins to any of us or any one.
ensure Mr'H that they must say nothing. I moss
fhe festal to accuse th» criminal, thereby wing
that she a:id th<- Kill -.v<ij< innocent vicdmt, ."'1 -na
Firl not ev«n foollshed. but tmo-.vii i.y an :n<on
cetvnhiy unwise r^lati'"*.
you mi:ft know ihi- in exs* Mr. H. is overooiire
{i ;< » rt^sji-,-. fiv-noei. s*i ynu c.-in hold liim "o< a>l." He
knows 1 could -ottierwise" glady marry, an<l no
<me ol'.Krt.
I purposely confuse ih-s* prnnwins, uiiosn mi*
Inter is only for your private ear.
Otherwise all wry w*-!I.
of coarse it Is hr.r4 on all. I cant r*ur*t it
r-.ore-anl iH cbumh] by the popular baboon-at
heart the worst rotter in Anw-rkra. _ «''*''•
E.^st if 2>;riis -w!.f-n sh'd I cogue lo Fgn. nnd f<-v -
<lays ir .i week. I'rs rery sincerely. ■'. K. TH.
ANOTHER LETTER FROM THAW.
There arc- several letters which pertain en
tirely to financial matters. A second letter
reads:
I'm sorry to trouble you but I don't understand.
1 was overdrawn 1 '"«^;. 'M
Paid in 5532.70
B3S <"'
l>id y>u make a r.ote for Jlf>o<>3— leaving my bal
er.Cf- n-^ar nim* thousand, or make a note for UDO.So
leavlr.fr no b.-ilance!
1 lost ahnort riothinjr at M. c. playing. Just
IfXi.OO for 4 \v« ks. a Ifss than th« perc*»ntaß»». I
bought sonif i^arlfl and a very strong automobile.
1 sras Iracfalns witn a Kirl when I saw him first.
fc* asked her to dinner, and talked.
Next <Jay (he liad an idea it was di&ionorable)
v* toM th« K'.r! of his enormous admiration. Sh«
tol<3 toe and 1 s3i<l «lont mind. She nc-v^r let him
Biarrh around sritli her <he was most anxious to
have f!*<> or me v/ith ..rn to show his position!)
Hft t aid miur/ weird things— Here is one of th»»
b^st.
H«- wanted ts civ» tho cirl $200yrt.«) at onre and
JTcmise RONOCm ;i year to .her lawyers to draw
Vi th<» iiapers and hare them sisn«'d before lie
came nt;.r her. <Ph« told him not to talk lik« that
erifl mo\»<l over to vhero I Mac.)
,'Vith all thep-» revenues h»» and 2 men fr'er.ds
Si'-pt in 1 sm;ill room <over a extra one of mine!)
Suddenly h* Krew dis''ot!rage<l and departed, as
£ — - and I end the kM dined together with out
lift Jay r , 0 no tj on it wa , improper »<• my friend
T« IT V ttli!i " J>nnt repeat, hnt this may nmu«« you.
" R<- dotty, and was one of his friends a keeper?
Another Inter read:
Effr I).-nny
mUu'*t r>a r, ka , CP arrived safrly but I cant send ii'«
•iip rom (levenl days, as ■v- thought It best to
•„» t.\:ndlfe sealed in Gleasons desk until be re
e-mTirJli'' jkPllj kPII f Xf "*' pp d in glr hard circumventing the
J7™«M dea! between Jeromes flr'-t Assistant and
Vni iud - p ~& will combine rest with affairs
JHCay h" starts for Mexico with . if needed
•JrJ'Vram will always catch him, then he cd be
*£•,? .'» oars-Hf »•»• m-i a chance for an early
i-<ai .i-ii,rc any other Judce— hut w* (jelleve it will
•• am wt-ek January. Ail very well.
Yours Very - :-ily
Tv H. K. THAW.
* now those blackmailers try you again.
Another was as follows: *
Tomorrow Gleason e°es for Jerome— unfortu
nately under the v Y. code there is no precedent
*or our motion— Jeromes delay Is without „, ..,,..
owire !n an important oas*- where defendant was
SjStt Vv " cd l>»at ''" In V. S. Court, but too
vV'- bo " thin don't bring him. we call up. tho
»• Atty •;. . y r vy 11. fc. T.
Another letter to Mr. Lyon follows:
•Ssl. <In ■!■! II >
*t* rather lonesomir. The enemies m'f'g. of fairy
Itones i --in* to 1.. on strike We reached a couple
*n subpo-na. which may have vexed th.-m How
*v *" while th« llf-s supply is stoned, Jeromsky is
providinc a superior entertainment for as.
All V. -i well Except 1 bSV< toneilltis. Feel
**'> tired &• cant wallow.
%'" 1 you «-\«>r hear a «tory combinlni; with th«
*>'• of ;i lawyer. It was ready for publication iii
jC" vhen h« jw»r«uaded th«t firm to euiipress it.
*T"ol>s,i,i v that connection ma<J<- much of j>iy trou
"•- *V> ran hav^ one satisfaction^ however. Every
••* SM that they are more desperate.
Errlowd :■ the rhecque for int. to Jan. 1.
Yrs. Very fil ly. H. K. T.
COURT PROCEBDIIIGS YESTERDAY.
Although the court procaedtac* yesterday
Were expected to 1)«? brief and not to consume
Svjre than five minutes of the court's lime, as
« -,»Qtlnm-d oa fourth page.
A THREE-OAY TOUR TO WASHINGTON
Jjjd'.r pereor.n! -.•"••t. via Pennsylvania nallroad,
■*"-<i ». R*t«- of $12 <T |1«M from N^v. York
[*' '"> r '.i-cetifcary * > xp^in»*-«. according to hotel 3<i
«ct«i. ccn«u:i ::ckei iftni*. «r 'J. 3tudds, B. P.
*- 23 sta Arc. New Yors..— Advt.
To-day, fair and warmer.
To-morrow, fair and cooler; west wind*.
FISH PREDICTED CRASH.
Says He Saw Fall in Stocks Last
m — Indorses President.
Btuyvesant Fish, when asked yesterday about his
address before the students of the University, of
Pennsylvania on Thursday, expressed his regret
thr.t the newspaper reports had Interpreted some
of his remarks as having had particular reference
;■• K. 11. Hartiraan. „
'•I Oil do] :.■< ... on Mr. Harrlman'a r.an-.e once,
he said.
"Hut were you referring to Mr. Harrtinan.
"It is against my policy to deny things which
appear In the newspapers. I have never done so.
If you were to publish that I had Just fall out
of the window and broken my neck. I would not
deny it."
Mr. Pish reiterated the statement which he made
in Philadelphia that President Roosevelt's a""
toward the railroads had nothing to do with the
break In stocKS.
"It was forcord lonp »K°." he ■ aIA , * '
member last rammer I was ulklng with a friend
about the stock market and compared it to a ■ in
gibl« balloon. At that time I said it was being held
down by four large ropes, representing four msu
tutions or K r.»u P . of men. i told my friend whom
thc-ce rope, represented, but I will leave that for
you to ki^ss. Th« balloon was then under very
good control, and the men on the four ropes could
pull it down or let it up a little at pleasure 1 rom
that time on. however. things began to change.
and. Instead of four ropes, by the autumn we had
about a hundred small ropes. The control was not
so Rood, and I foresaw that some time soon ',;
balloon would be allowed to rise too high and would
burst in the rarefied atmosphere.
-1 Indorse the recent action of the Presiden
heartily." Mr. Fish continued; "1 think his recent
Investigation of railroad and other conpanies.
when It appeared that they were In need of it.
was only common Justlc*. Two years ago I op
posed some of his Jrftfcni «n* tp!fi lum :': '" ' V
that i disagreed with him. I fit that no more
legislation was needed at that time to strtngthen
the regulation of Interstate commerce. The Elkins
bill if enforced, was amply sufficient. I held, and
still hold. Of course, some of. the states are run
ning the thing into the ground with their 2-cent
fare regulations. This is a very bad time VeX
that sort of thing, and the only result will be that
the railroads will have to lower their standards.
They cannot afford to run a S-cent service witn
a 2-cent rate." ...
Asked if he thought that any of the roads might
be forced into receiverships. Mr. Fish answered^
•I h-ndly think it win be as bad a <V ''' \, *
are coming Into a period In the railroad "*» of
pr^tly Increased operating "I*™* 8 ' w llh C
earnings staying about the sarai. and of cpursa
that is bound to do harm, It has been l™£
shadowed In England for some time. In the last
thirty-five years the ratio of operating «P*n£
to gross e a rni:ig P on the Sn«lJ«h road, has In
ci-oaisM from M to 62 per r-n: ."
Regarding the watering of railway stocks. Mr.
Fish Mid. in answer to a further question:
•I don't think it exists. Roads in this country
are capitalized at about 164.033 a mile, while. In
England the capitalization is almost as many
pounds a mile l recognize that a large amount
of the value of «he roads lies in their terminal
properties and that these piopertles • eb*ut*l*donle b *ut*l*donl
an unearned inrrem«-nt as an indi%lilt.ai.
THE HARRIMAS INQUIRY.
Argument To Be Heard in Wash
ington on April 4.
[ From Th* TrlMin* BWW]
Washington. March 22.- L*i l< the Immediate
future holds some surprises tor the officials or
the government, the next move in the railroad
problem will be the continuation of the Harri
inan inquiry on April 4. This wiU be held In
Washington. Bo far as the Interstate Com
merce mission la Informed, there will '"' a
general argument at that time by counsel for
Mr Harrin based on the testimony presented
in February in New York. The principal task
of the counsel will be to explain to the com
mission that there has not been the least sem
blance of illegality In the combination of roads
which make up the grc-ai Harriman system.
Particular attention will be liven, it is believed.
to the operations of the Union Pacific, the
Southern Pacific and the Oregon Short Line, but
It is not expecte.l that much time will be de
voted to discussion of the Alton deal.
The qm-Mion of whether the commission shall
ask the courts to require Mr. Harrlman to an
swer certain inquiries has not been decided. Ac
tion has been postponed until after the argu
ments are made, and it is believed that it will
then be dropped.
WINCHELL NOT PESSIMISTIC.
[By T« f-?iai h to Th " Tribune ]
Omaha March s: President W'inchell of the
P.cck Island road, who with several other high
officials of tho company Is in;ikln«- a tour of in
spection of Us lines. said In OmaKa t. »-<!:■>• that h«
,ii.l not think recent legislation affecting railroads
"bad checked the current or prosperity."
••Of cou - there are some people who think
they fee had things In store for the country." h«
added, "hut I . m not one of them. Among those
who take the view opposed to mine a:e many well
informed men. and. of course, they may be right,
but I can't t*9 things that way. X Is a mlstak«
for the people to think that every move t ..- i..1
•o.dVmake at this time in done In the spirit of
retaliation. IVlim states pars two cent^ la and
Other adverse road measure! the railroad hnye
to make radical cluuirrs to adjust 'hernsr lu tn
the conditions. Because some «f these are radical
measures. 1 do not think it r^\\.J'.^ "' ' '
things are do:u- In a p«r» of ."■'. lll v 1v 1 "" ,. r ,..i,i. Nt
,-';-r JTf rfewSl tt lnS l PU«!n X ££
I :^.;':^;^.^';^.;..-^,^
dona for different purposes.
HADLEY DEFENDS RAILROAD RATES.
[Ry T>l«'*Tap*i to Th " Tribes*. 1
New Haven. March It— President Hadley of
Yale told the Political Science Club of the
university M-day that railroads wore not earn
ing more than 4% per cent on their investment
at the present time.
•The effect of a fair valuation, such as the
Interstate Commerce Commission proposes to
make would be overwhelming proof of the rea
™,ableness of American railroad rates, as fixed
"^rSM^u^Sfn'ffthl. country l.'not
one off a general reduction of rates, for rates arc
not too high Tho problem is rather to pet rates
"elaUvelv ? fklr. and this, of course, is a problem
th- a mw be rea<l juste. 1 every day. according^to
new and extant ly changing factors and condl
%l " ! Twen«y-four years ago the New York. New
Ha- . n T Hartford U. under a management
vlii.-h was superlatively Hoggish and short-;
?| Jbted and people could fairly turn on It and
My^Your stock ts badly watered and you are
SuieJing 30 percent on your Investment out of
the pubHc" Rut that charge cannot be fairly
made to-day."
MR. INOALLS. OF BIG FOUR, OPTIMISTIC
[By T«le«raph to *»- Tribunal
Cincinnati. March 22.-Melvlllo E. In all .
chairman of the board off directors of the Cleve
land. Cincinnati. Chicago & St. Louis, returned
from Florida to-day. Regarding the financial
condition of the country and the question of
railroad legislation. Mr. Ingalls said:
It is true of course, that the country is going
through a form of crisis which may turn out Ml
rlhtnr which may prove hurtful. Rut one
SKS? should strike one forcibly: while stock.
have shrunk billions you have heard of no toll
urea or business catastrophes have .you? That
would seem to indicate solidity and a Hubstan
tlal prosperity which will «*> hard to wrack.
Try Gold & Black Isabel 1. 2 & a Crown Bherrles
at 7. Hf P.^3 & Heriuanos. Jerez. Bpain.-Advt.
NEW-YORK. SATURDAY. MARCH 23. 1907.-SIXTEEN PAGE&--tJ5R»52u^ PRICE THREE CENT>.
ALL MOLDAVIA RISING.
THOUSANDS IX FLIGHT.
•i
Many Peasant Rioters Killed or
Wounded by the Troops.
Vienna, March 22.— The lawless conditions in
Northern Moldavia have hot been exaggerated,
according to the reports to-day from Czcrno
■vitz, on the border. From the estimates of. the
damage made to-night, it appears that four
hundred farms in Moldavia hive been devas
tated, 8.000 fugitives have fled over the Ru
manian frontier into Austria and a total of
10,000 Jews are homeless.
1 ■ c number <>f dead and wourtfted cannot be
given accurately, but the reports to-day Rive a
total of about eighty-five men killed and about
one hundred and fifty wounded.
On Thursday five hundred peasants tried to
Invade Mlchailent In spite of the fact that
there w.t^ a cufflcient number of Rumanian
troops In this town to stop the rioters, the peas
ants at Hrst got the upper hand because the sol
diers, acting upon the orders of the prefec t. were
not permitted to oj.en fire. Some of the soldiers
flrcd ncrain^t orders, and killed fifteen of the
rioter.= and wounded forty-five, whereupon the
Tits withdrew.
A more successful attai k was made at Vaslui,
to the south of Jassy. Here n body of two thou
sand peasants forced their way into the town.
The Prefect of Vaslull did not have sufficient
troops " his command to stop the Infuriated
men. and the rioters plundered practically all
the buildings on. the three principal streets and
then set them on fire. The peasants had looted
freely, and the flre completed the work of de-
Btrui tion.
The prefect sent in a hurried appeal for re-
Inforcements and the peasants, in Ignorance of
this step, remained in the town until tho soldiers
arrived. A serious light up and down the burned
streets followed. The soldiers came out victori
ous, but twenty rioters were killed and many
wore wounded. The commander of the troops.
Major Calori. sustained serious injuries.
FOUR VILLAGES IN RUIN
The entire Roman district was up in arms.
Her" the authorities were powerless and the
peasants rlllaped and burner} everywhere. All
the buildings In the villages of Halancesti, Her
lesti. Holcistenl and Nlnelusen were demolished
nnd the villages are now no! King more than
h^nps of ruin-
It is estimated that not fewer than eight thou
sand fugitive? have crossed the frontier into the
Austrian province of Bukowlna. where they nr<>
liein:? cared for as well as possible.
The most serious li^ht to-day occurred near
Piatra. a town about nixty miles southwest cf
Jassy. Several thousand peasants marched
against this town, where an entire regiment pf
infantry was stationed. The soldiers charged
the peasants with bayonets. The peasants re
plied with rifle and revolver fire, and then the
troops began shooting back. The righting lasted
over an hour before the rioters retreated. They
had 42 men killed. •;: wounded and 2.V> of their
number were carried off prisoners by the sol
diers. The troops had 8 men killed and -•
wounded.
TEN THOUSAND JEWS HOMELESS.
The estimate of ten thousand Jews without
homes Is considered here to be conservative.
Most of these fugitives saved absolutely noth
ing Pour thousand Jews fled to Huchnrest.
where the authorities are now making every
effort to assist them, but they aro almost all
obliged t<> sleep In the open air.
The entire garrison at Bucharest Is belnc held
In readiness for service in the disturbed district.
Reinforcements to the number of ol K htcen hun
dred men have been brought int.. the city by
special trains. Eight thousand reserves have
been called to the colors.
The fugitives who have escaped into Austria
tell dreadful stories of the outrages to which
they have been subjected. Fugitives fr ° m
Botosahni who were the first to read, the fron
tier Mid io-nlght that a body of two thousand
pea-ints Succeeded In forcing th« way into
town after midnight. The people, of Botosahni
had been informed of their coming, and most of
tho women nnd children had started toward the
frontier Th« men remained behind for the pur
pSiefof defending their property. The reports
'ire to the effect that t he rioters killed many In
Botosahni. but It has been Impossible to get
trustworthy figures.
MASSACRES CAREFULLY PLANNED.
v now appears that the peasants had r.iro
fu ifv planned th.- uprising. They bad perfected
an organization and determined on the day of
massacre. Th were subdivided into bands of
fifteen hundred m en each, each hand had an
appointed leader, and the leaders had been ad
vised of the places where they could commit
outrage" without fear of serious resistance.
In the town of Botosahni the scarcity of meat
and bread Is beginning to cause suffering A
numb of butcher and baker shops were de-
Btro yed. and the others are dosed Nobody
da fes to soil meat. While the situation in his
district is slightly better to-day, the conditions
in ,he district of Dorogol. about twenty miles
northwest of Botosahni. have changed for the
worse The tenant« of all the farms near Her»
and Molnika have fled. Tl.o town of Dorogoi
was attacked yesterday by a body of four thou
sand peasants. The local clergymen made vain
efforts to calm the excited masses. The peas
ants would not listen to them and swept them
out of -Th-lr path. A regiment of cavalry was
then called Into action and attacked the peas
ants vigorously. The mob finally was driven
back but not before many men had been killed
or wounded. It is still impossible to ascertain
the exact number:'.
The situation at Jassy is still menacing. Bight
thousand soldiers have b*en concentrated In
"it 'is' reported that university students from
Bucharestand Jassy Incited the farmera itolhj
insurrection. They are said to have travelled
from village to village. provoking the peas., nts
by fiery si lies and tho distribution of violent
ly worded pamphlets. , „.„,„
'The latest news received hero would Indicate
that previous reports that the disorder* a ™.°*;
tending south Into Wallachia. as well "^across
the Austrian frontier Into tha crown land of
Bukowina are correct. (h t
The latest reports from Cxernowlta say t^nat
the Austrian farmers residing In the distil* t ..f
Scroll, and BuP«awa. in Bokowlna^secretly
crossed the Rumanian frontier, and, , nlnim l "!°
rebels, assisted them In their predatory oxpe il
tlons. When returning to Austria d « 1 with
booty many of these Austrian raiders were im
prisoned. The Austrian authorities have given
orders to permit no peasants on the Aw£Mrto
leave their villages without giving an acceptable
explanation of their intended trips. „„„.,,_
Austrian gendarmes are doing patrol service
along the Rumanian frontier.
London. March 23.-In a dispatch from Vienna
the correspondent of "The Daily Telegraph"
Fays that among the properties sacked in Mol
davia are estates belonging to the Minister of
Justice at Stalnoa, to M. Rosettl at Hauroa. to
Prince Cantacuzeno at Salcea and to Baron
Kaprl at Zeoldestl. The distillery owned by
Prince Chlka, the largest In Rumania, also has
been burned down.
80318 FOR POLICE.
EXPLODED BY WHITMAN.
Magistrate, in Charge of Station,
Orders Excise Arrests.
Magistrate Charles S. Whitman, president of
the Board of City Magistrates, and Police Com
missioner Bingham took drastic steps for police
reform early this morning. At 1:80 o'clock Mag
istrate Whitman, in evening dress, entered the
Weai 47th street station house and asked Ber
geant Bolan. who waa on the desk, to summon
Captain Duly, who la in command of the pre
cinct.
When told the captain was not about the
magistrate said: -l am City Magistrate Whit
man, and I shall have to call on you, sergeant.
to surrender the desk to me for a while. There
is .it this moment a number of saloons open in
this precinct, sixteen in number, according to
my estimate, and operating in violation of law.
I want whatever policemen you have in the
Marion iii. use. and all you can get, to go out
and make arrests."
Sergeant Bolan Rot up in surprise, and pnirt
he did not know the city magistrate «"i p
roundsman, however, and several reporter? at
once recognised Magistrate Whitman, and as
sured the sergeant nt the masistrate's Identity.
The magistrate swung off his top coat and
took: a seat with the sergeant.
"There is a saloon now open and drinks are
beinp sold at the southwest corner of Sixth
avenue and 4!tth street," he paid. -'There is a
saloon being operated at the southeast corner
of Eighth avenue and Forty-seventh street. I
want policemen to ro at once to these places.'*
The sergeant rant? the bell which calls out the
reserve policemen, and when two men were
tched to the saloon at the place last in
dicated in the magistrate's list, as above Riven,
the nmsiPtrate said:
"Just one moment. oftVers: T shall go with
you.* 1
The magistrate announced that he would leave
the written list of thirteen other places with the
Ferße.ir.-. to b» Investigated immediately, and.
g on his topcoat and silk hat. he went out
with the policemen to the saloon at the south
east corner <>f Eighth avenue and 47th street.
The p;irty found a man and a womin slutnnr
table drlnkinK.
Tast* that stuff, ofi.-er. 11 unid the magistrate
.- of the policemen, "ami. see if that is
becrr*
The policeman tasted th" liquid ln the K ia«w
ild. "That is beer.**
Thf . . ordered ' v * arreel of the
man \ ho sold ; •'' th ° bar. and the
Indignant. He was finally
The man refused to tell
who be
. . on returning to the station
house, removed his .-oat and hat ana Mid h«
would hold court In the station hous»e.
rier was then arraigned before
him.
Meanwhile several policemen in the station
house wen* sent into •he street to handle a large
crowd that had gathered.
James Quinlnn, the bartender at 49th street
and Sixth avenue, find John McOenry, the bar
tender at 4Ttli «treot and Eighth avenue, were
arrested.
v r In the station house on
f the i Magistrate whitman
«, that P
man n '■• whom v
tof 1 • ■■■ - '
.... told him that the salo.<n wai
fter hours because the captain of
• Captain "nxed."
if he had not mad< ■Tent. Pa
led ' r .
Magistrate w Id that he would pre-
Dary and
mt Bolan.
Magistrate Whitman said to a Tribu
iving the station for his home:
••I was cliniiiß: with some friends In 58Kh
when i was twitted about ndltlons ex
ln thla city. I determined to make r>n in
itlon for myself. A saloon I entered had
l:v men In front of the bar and three In the.
rear room. This man (pointing to McCSeury)
ervtng them drinks. ii.> also served me
v. ith a drink.
The magistrate held the prisoners in 58.560
bail each for further examination. A do*ea per
sona tried to ball them out, but Magistrate
Whitman refused them aIL
A PPEA US TO PRESIDENT.
Father of Kidnapped Child Wants
Federal Aid.
Dover. Del, March 22. I>r. H. N. Marvin.
whose threc-yeir-old son disappeared on March
4. petit the following telegram to President
Roosevelt to-night:
Your Excellency: As a sorrowing father of n
missing child. I make bold to ask if government
aid can be extended along, two lines. Many
threatening tetters are sent me every day snyincr
my boy may be killed by his supposed captors,
and it causes me much expense Investigating
these. They should be looked Into. I have vent
out pictures and notices regarding my kt>i
napped boy, ami I am told the postmasters are
not allowed to display them in public build
ings. Tho Delaware Legislature has voted
$2,000 for the search for th" boy, and has aided
me in evry possible way, but I bellevo a word
from you to the federal authorities may be the
greatest aid of nil.
MARVIN BOY IN ENGLAND?
Washington, March -- — Huntington Wilson,
Third Assistant Secretary of State, received a
dispatch to-right from tho American Consul at
Portsmouth. England, saying that the authori
ties there have a boj answering the description
of the kidnapped Marvin boy, for whom a pen
eral search is being made In this country. Mr.
Wilson immediately conferred with Mr. Roose
velt, and. acting on the President's instructions.
forwarded the message to Governor i.ea of Dela
ware. Mr. Wilson said to-night that thia gov
ernment stands ready to co-operate with the
state officials in every possible way in the
efforts to obtain information In the kidnapping
case.
ARREST MADE IN TORONTO.
[ ii { y Trtecrspfc to Ths TrU.iine ]
Toronto. March 22.- The police nrr,ste<l late last
night a man named Russell, who -is held oa sus
picion of kidnapping the Marvin i>.y. The de
l.'.tives are comniunlcatinp wttfi tlio American au
thorities concerning hlu Identity.
RUSSIA OUT OF MANCHURIA.
St. Petersburg. March 22.— The Russian evac
uation of Manchuria ia complete. The last bat
talion of Russian troops left Harbin on Thurs
day. _
NEW YORK HERALD'S EA3TER NUMBER,
Sunday. March 24. Five full pages ln color by
best American artists— Six manterplecea of flction-
Orlginal Stories— Uttle Nemo— These are only a few
—Order now.— A4vt
LEGACY IN PERIL.
Mail Theft in France May Cost
Heirs Estate of $1,000,000.
Unless the registered mail stolen from a pouch
on La Savoie in January is recovered, it may
mean the loss of a part of an estate valued at
?I.« mm >,<i<¥> to the beneficiaries of a Will sent to
France for probate. .
Under the provisions of this will r"ho estate,
or a larpe PfU t, is said to have b"en left to other
than the legal heirs. Tt is document wai
by registered letter, supposedly on La. Savoie. It
has not been received by the lawyer to whom
it was addressed, and it is now believed to have
been one of the 125 registered parcels and letters
which were stolen. Unices there is a certified
copy of the will in existence, the estate will be
distributed as if the testator had died in?'
Chief Postal Inspector JTaj-er said yest-'T'lay
that he had an incomplete list of the registered
miiil supposed to have been in the stolen pack
age, but he did not deem it w!se to niak» It
public "A man did come in here about a week
aero." he said, "and tell me about a will which
had n.,r been re< erred in France, where it sraa
boil? sent for prnhnfe. I believn lie did say it
might mean the loss of a $1,000,000 estate to
cert -i in persons. I cannot tell you who it was,
however."
Inspector Mayer says that the French au
thorities have not asked for an Investigation
here in connection with the theft, and he be
lieves that the affair is one to h» handled en
tirety by tiie postal officials in that country. He
sa id :
I do not think there is r,ny possibility of any
collusion with persons here. My idea of the
case is that the \'2r> pieces of registered matter
were stolen after the bag?> had b*>e n opened al
Havre or Parts— l do rot know at which offl^^
they would have heen opened. The fact that
although this theft occurred in January and we
have not been asked to fak° any action here
nieans to me that they are aware over there t'-Mt
tho theft occurred In their Jurisdiction. I do n<->t
believe they have given out all they know
the case. Persons who want to recover missing
mall matter will have to deal with the French
authorities."
HAS MADE $lOJMO.
That Much Profit on Season Thus
Far, Says Oscar Hammer stein.
While Mine. Melba was showering diamond
scarf pins and oth«>r gifts on Campaninl and the
staff of the Manhattan Opera House yesterday,
Mr. Hammersteln balanced his books.
After the last total was taken he emerged
from his office with ft slip of paper, which he
caused to be posted where the passionate press
representatives might see it. Here is what was
written thereon, \n his own hand:
Mr. Hammerstetn announces that his profit
on the season thus far is in excess of ,?l<».o»V>,
and with the remaining four weeks of prospec
tive excellent business, judging from th» box
orn \-A demand*, the profit will be largely In
creased Of course. Mr. Hammerstein did not
have the misfortune of sustaining losses
through the burning of scenery, nor through a
deplorable intermezzo like Salome, but he had
Mr. Conried as a rival.
Mr. HarnmersTetn would make no further com
ment. Tie hns been on a trip to Philadelphia
this week, and if a guaranteed subscription is
raided there in the next few months he will
give opera there next Beaasfl every Thursday
evening in the Academy i f Music.
HOTTEST MARCH DAY.
Weather Bureau Records Broken
Yesterday.
Washington, March 22.— According to the
United States Weather Bureau, to-day was the
hottest March day ever experienced in Wash
ington, The temperature reached Its highest
point at 4 p. m.. when the thermometer regis
tered !*> degrees. The records of the Weather
Bureau for tho last thirty-seven years show
that the nearest approach to this mark was on
March 22. 1894, when the thermometer regis
tered 83 degrees The temperature went up 30
points from •! o'clock in the morning; when it
registered 40 degrees, until 4 o'clock in the
afternoon, when the record breaking mark was
reached. The official forecasters predict cooler
Weather by to-morrow night.
EDWARDS BROTHERS 10SE AGAIN.
Amagransett Roused by Whale. Which Dives
After Chase.
try- T«-I.'nrnph to The Tribunal
Atnagansett, Long Island, March 22. — Excite
ment hrro to-day ran high when at 10 o'clock
this morning the Edwards brothers sighted an
other whale comjng up the coast. Fifteen min
utes later the five brothers were in full chase.
With six men in. each boat, Captain Josh, Cap
tain Gales, Captain Bert. Captain Jess. Captain
Sam Edwards and Captain George- Smith, the
whale gave them a merry run. spouting furiously
every three or four hundred yards. When about
three miles off Napeague Reach he disappeared
beneath tho surface. Unable to find him again,
the boats returned.
Ten minutes after the whale, was sighted a
flag was run up at the lifesaving station, the big
bell in the public school tower began to ring, as
did also every telephone in the village, and ten
minutes later the procession began. Men.
women and children flocked to the beach.
vehicles of .ill kinds were pressed into service,
and In less than an hour at least five hundred
persons were watching the race. Both Captains
Josh and i .ales are confident they will get the
whale yet.
TO PROHIBIT ABSINTHE IN FRANCE.
Committee of Deputies Reports in Favor of
Making Sales Illegal.
Paris, March — The Committee on Hygiene
of the Chamber of Deputies has reported in
favor of the total prohibition of the distillation.
Importation, rattle In and sale of absinthe. The
commission proposes that the manufacture of
absinthe shall cease in one year, and that after
two years Its sale shall become Illegal.
GRAND JURORS INDICT THEMSELVES.
Each Fined $10 and Reprimanded for Vio
lating Sunday Liquor Law.
Rolling Fork. Misa., March 22.— Evory mem
ber Of tho grand jury in the Circuit Court here
to-day indicted himself for violating the Sunday
liquor law and each appeared before Judge
Booth and was fined ?1«». with a lecture from
the bench. The self-Indicted grand Jurors alao
returned bills against several petit Jurors for
the same offence. A religious wave, following a
Methodist revival, recently swept over Sharkey
County, and people of high and low degrre are
purging themselves.
WIDOW OF H. M. STANLEY WEDS.
London. March 22.— Lady Dorothy Stanley,
widow of Sir Henry M. Stanley, the African ex
plorer, was married in London yesterday to
Henry Curtis. F. R. (I. S.
AFTER ALL, USHER'S THE SCOTCH
that mad* Uw highball t unoiu.- a i . •-
THE KELSEY MAKING.
HIS DILIGENCE SHOWN.
Armstrong Received Fee for Assist
ance Given Superintendent.
I By Telegraph to The Tribune. ]
Albany. March 22.— Continuation of the Ke!
sey hearing before the Senate Judiciary Com
mittee to-day brought the account of the Super
intendent's deeds In the Insurance Department
almost down to date without the slightest sus
picion of startling disclosures. It proved what
Governor Hughes, who demanded his removal
for "failure to perform obvious duties of the
first Importance," has never denied— that Mr.
Kelsey war. diligent and faithful as any man
ager of a business house In answering corre
spondence and supervising details. Nowhere
was evidence submitted that he struck out on
any policy of reform or reorganization as the
forceful proprietor of a business would do.
At times the hearing degenerated almost into
a farce. Pile after pile of correspondence, taken
from the records of the department, was offered
in evidence. In one batch were 540 letters, "all
written by Superintendent Kelsey." By the end
of the day eighty-seven exhibits had been of
fered by his lawyers. For the committee to
examine these exhibits even cursorily would
take weeks. Mr. ■•toy's lawyers have hun
dreds more to offer during his examination..
Then they expect to put other witnesses on tha
stand. They feel perfectly confident that this
privilege will be granted by the committee; in
deed, ex-Justice Hatch to-day asked the com*
mittee to hold a session in New York City soon
to hear witnesses there.
Questions were asked and- answered most of
the time in "words of one syllable." Letters)
were read and questions asked dealing with af
fairs of veriest routine, until members of tha
committee, wearied beyond endurance, turned to
newspapers or private correspondence for solace.
The only humor manifested, though, was when
Julius M. Mayor spoke "in the interests of brev
ity.* and Jud?e Hatch declared that he ami hi*
client "did not desire to delay one instant." Tot
they expect the examination of Kelsey will take
Thursday and Friday of next week: and then
hop« to begin with other testimony concerning
the fire insurance situation, which they consider
even more favorable for his case than the woric
concerning the life companies.
MR. KET.SF.Y NAMED THE AMOUNT. \
One feature of the hearing to-day which ea«
; cited son • comment was the statement that
; Senator Armstrong had accepted $100 and $2650
for expenses for acting as special counsel for
Kelsey in the preparation of standard forms.
Senator Armstrong went to New York from
Rochester on December 26. 1906, ar*s his aer- .
vice, according to the bill in the Controller a
office, endea the next day. He said to-day that
he. felt some doubt as to the propriety of taking
the fees, but Mr. Kelsey himself had named th*
amount.
Comparatively little Interest -was show in the
proceedings*. Senators Raines and McCarren
were not at the hearing. Few spectators attend
ed. Half the members of th« committee were
not in their seats most of the time. Speaker
Wadsworth. though, sat faithfully through It alt.
listening to the testimony of Superintendent
Kelsey. who is his friend.
At the morning session the questions took up
in wearisome detail the preparation of the stand
ard form of policy. Forms and blanks a**l tel
ten were examined and read ar.ii offered in evi
&en Mr. Kelsey said that in October he sent
copies of the standard forms and contracts to
Mr. Hughes, but never received any reply about
them. He sent copies also to Senator Arm
strong, with the came result.
He never had heard any criticism of the
forms. Further examination brought out tha
fact that he made rulings on the Interpretation
of various sections of the Insurance law. Under
Section 101 there had been fifty-four rulings.
All were offered in evidence. All wore th© prod
uct "'" his personal Judgment, he said. Many
rulings concerning interpretation of sections of
the Armstrong laws, he said, were made after
consultation with Attorney General Mayer. No
precedents existed for the interpretation of thosa
laws,
PRELIMINARY REPORT KELSEY"S IDEA.
After adjournment for luncheon. ex-Justlca
Hatch took up the regulation of fraternal and
mutual companies, which had occupied a good
part of Kelsry's time, A draft of the annual
report was offered in evidence to show, accord
ing to Mr. Hatch, that Superintendent Kelsey
'•possessed m initiative." It was entirely hia
idea that a preliminary report was offered to
the Legislature as early as January. Mr. Kelsey
testified. This be had written out "in Mi own
hand" and submitted to the Governor. A day
or two later be had asked the Governor if ha
had "found anything heterodox in it," and was)
told no. When be asked then if he should SO
ahead and print it. the Governor answered, ha
said. "Yes; it is a good memorandum."
Taking up the preparation of the forms for >
annual reports by insurance companies, whlchy'
had "to be prepared in great detail because of
the Armstrong laws, Justice Hatch brought out
a few more exhibits and much more testimony.
At one point he asked:
"Are you able to say that you examined and
passed on every statement to be contained I*
these blanks?'
'■I am; every line." replied Kelsey.
"What part was the product of your own
mind?" Inquired Senator Hinman.
"Principally the passing on and determining
about the work of others." Mr. Kelsey replied.
-Sometimes this work was presented in three
or four forms."
"Did you ever make changes from the forma
in which it was presented?"
•In numerous cases. In one I entirely reversed
the proposed plan. My action stood in the end."
MAYER PRESENTS 540 LETTERS.
His action, he went on. was on the advice rf
a consulting actuary named Wolfe. Some fifty
six letters and twenty-six rulings under the sec
tion relating to the annual statements were put
in evidence, and later correspondence with
twenty-four companies in the investigation of
fraternal and mutual concerns which Mr. Kelsey
maintains brought about better conditions among
those companies. Still further along the lino
Mr. Mayer presented 540 letters relating to com
plaints against the New York Life, made by the
Internationa! Pollcyholders* Committee in the re
cer! elect i
When the session came to an end ex-Justica
Hatch suggested that while Kelsey's examina
tion would be continued next Thursday, and
probably occupy Friday as well, ho thought the
committee might take under consideration th*
question of calling other witnesses, and possibly
of a trip to New York. He had four or five wit
nesses there horn he wanted heard, he said.
Senator Davis said it would be easier for them
to come, here than for a committee of twelve or
GREAT •CAR SPRING WATER.
"Its purity has mad* It famous."— A-i.t.