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New-York tribune. (New York [N.Y.]) 1866-1924, April 13, 1907, Image 1

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iV*- LXVH- • - X° 22.063.
"pitt&urg Dedication Exercises Wear
Out Institute's Donor.
[By Telegraph to The Tribune. 1
Pittfburg. April 12— Inclement weather and a
slight indisposition on the rart of Andrew Car
gegle caused several changes in to-day's exer
cbsta in connection with the rededication of the
enlarged Carnegie Institute.
jjr. Carnegie was so worn out as a result of
Ml exertions on the opening day that he was
unable to leave his room at the home of his
eou6in. George Lauder. this morning. It was
expected that he would take part in all the ex
ercises to-day, but he remained in his room, re
serving his strength for the banquet to-night,
which he attended. Numerous persons. Reeking
charity upon every conceivable pretext, tried to
gain access to him.
John D. Rockefeller, in a letter to Mr. Car
liegis received to-day, congratulated the donor
of the Carnegie Institute upon the rededication.
The letter follows:
Lakewood, N. J.
Andrew Carnegie, Pittsburg, Perm.:
Please accept my hearty congratulations on
your great and good speech on the dedication of
Carnegie Institute in your old home city of
Pittsburg. It has the right ring. I in with
you You have my best wishes for the success
of all your grand efforts to help your fellow
men. I hope and trust that our prosperous men
the country over will be stimulated to emulate
your noble example. I believe that untold good
would result therefrom.
Mr. Carnegie replied as follows:
Pittsburg. Perm.
John D. Rockefeller, Lakewood, N. J.:
Many thanks, fellow worker In the task of
dittriliu'it.jr surplus wealth Tor the good of
other*. I clasp your hand. Your congratula
tions highly valued.
1 The banquet given by the board of trustees
of the Carr.egie Institute in honor of Mr. and
Mrs. Carnegie to-night at the Hotel Behenley
was the mast brilliant ever held in this city.
All the foreign and American guests attended.
On account of the Indisposition of Mr. Car-
Mgie the morning session, with its scheduled
•peechef, was not held. At the afternoon s-.~
don William T. Stead, the editor of "The Re
view of Reviews," of London, speaking on "In
ternational Peace," severely denounced the sen
sational newspaper, which he called the real
disturber and the cause of wars. He urged that
laws be passed which would curb the present
license of the press.
At the close of hie speech Mr. Stead proposed
that every boy and girl in the colleges and uni
versities of the United States give fifty cents
toward raising a fund of $100,000 to conduct a
pilgrimage from all countries to The Hague
conference. The suggestion was received with
enthusiasm by the large audience, and the
speaker was pelted with money. Mr. Stead sr>id,
la part :
I nave just made a Journey through ten countries
te find out what is the next step toward interna
tional peace. 1 have Men three Kings, two queens,
on« prince regc-nt, and a.ll the prime ministers,
foreign ministers, ambassadors and public men that
were worth feeing. I found th.-m all unanimous
■pas two things. Each declared with certainty
that his government and hi» nation were most ab
solutely Isvoted to peace and most resolutely de
termined to prevent war. The second point upon
vMch they -vere all agreed was tliat the greatest.
If not the only, danger to the peace of the world
lay in the existence of a large mber of violent.
unscrupulous and Irresponsible newspapers, which
w^re constantly engaged 71 making mischief.
The Imporia! rhar.erllor of Germany. Prince yon
Bu<Hnw. said to me: "Th* Emperor is for nesee.
the King is for ptac*. all th*? governments are for
lieipe, the parliament? are for peac« , and i lie great
Industrial and crimTiercial classes are for jwa.^e.
Only the Journalists arc for war. and diplomats
have to sj»>nd all their time in running about here
an<i there with pails. of water trying to put out the
tiros which the newspapers k n He."
Eighteen years ago the German Ambassador In
Russia told me that the p»>ar» of the world could
lip ff-r-jr-d by the hanging of twr-lve editors. At
Tv"ashi:igrton the other da/ an eminent American
•aid tb* newspapers ht-v. an In the Old World.
rendered tie task of the government in maintaining
peace way difficult and suggested as the only- r*ni
st> th» electrocution chair. I do not hesitate to
declare that in the discuFsion of International af
fairs the liberty of the press has in many scan
dalous instances degenerated into a license whi»-h
i» at this moment the gravest danger which
threatens the ptoce of the world.
Star.. bcxe. as it were, upon the housetop of
the world, and knowing that my voice will be
heard throunnout u'.l the continents, I proclaim the
truth, which all responsible men recognise but
which none dar* to declare, that the irresponsible
license of the press has increased. Is Increasing, and
must >• curbed, not only In the interest of inter
national peacv. but In th« Interest of the pr«M
Itself. I do not recommend either th* gallows or
th* electric chair, but it ought not to be beyond
the reso - urc»»«i of civilisation for laws to be pass—d
whirh would forfin* to prison eveijr journalist who
could be convicted by twelve jurr-r>, good tr:?n and
true. cf having false or mis^s-ding etateroentj in
•care he&ds or :n the body of bis paper, which
were calculated to Inflame na.r'xT.aX animosity
again*- the neighboring ration, ajid so to endanger
th* ma.intrnu.nee of peace.
When President Frew called the afternoon see
•ion to order, the music hall was well filled.
The first epeaker wan Sir Robert Bail, director
of the Cambridge Observatory and professor
of astronomy and geometry at Cambridge Uni
versity. His address was upon "The Solution
of a Great Scientific Difficulty."
Lieutenant General yon IV^wenfeld. Emperor
William's personal representative, and M. Loencc
Benedlte. director of the Luxembourg Gallery in
Paris, next addressed th* audience. Sir William
Henry Prerre followed, on "The Connection »<_•
tween Science and Engineering." Ernst yon
lane, court architect to Emperor William, spoke
on "Development of Architectural Style in Ger
many. ■'
Three Urge chests of hooka were presented to
the Institute by Emperor William through Lleu
t.r&nt General yon Lowenfeld. The books are
«iadsom*-ly bound and treat of the German em
re and army. Many messages were received
t»-day from all parts of the world congratulat
ing Mr. Carnegie and Pittsburg on possessing
the great institute.
To-morrow the Western University of Penn
sylvania will confer honorary degrees on the
lowign and American guests, and In the after
noon the party will go by boat to the mill dis
trict of the city, where they will have the op
portunity to see the great steel mills in opera
tion. This will end the celebration.
A powerfully built Italian, said to be Godfrey
rWzlsonno, of Philadelphia, tried to force his
**ay into the banquet room at the Hotel Schenley
to-night. The name man was ejected from the
Carnegie Institute on Thursday when he at
tempted to make a speech. The police hustled
fcbn out of the hotel to-night, but did not place
Mm under arrest.
Mr. Carnegie will leave here for New York to
morrow morning. He had expected to remain
until to-morrow evening, but Is anxious to get
wark hom»*, as the strain lias been r**j much for
Scarcity of Carnegie Banquet Invita
tions Causes Heartburns.
i By Telegraph to Th« Tribune 1
Pittsburif. April 12.— There are many heart
bur R« in Plttsburg society over the "representa
jjwjj Pittsbursers" Invited to the banquet given
«o«Wg!:t at th* Motel Brhenley by the trustees
CoutiaTird on tli!i«I '.'?;••
T-»T^.T.^V^ n n. B^ea,rT: ,, rt w,.d. NEW- YORK. SATURDAY. APRIL 13. 1907.-SIXTEEN PAC}ES-t Tn .«; t AS« 1 «
Italian* Try to Free Prisoners in
Crowded Park Rote.
A well known federal officer, after he had heard
of the attempted rescue of two United States
prisoners and the assaulting of a federal witness
by alleged Black Hand disciples at the crowd
ed corner of Park Row and Beekman street
yesterday afternoon, said: "It «eems that the
state authorities are not able to deal with these
offenders. But if the United States goes after
them, which it will do, I can assure you. if an
other such outrage as that of to-day is repeated.
it will l>e an end once and for all of all Black
Hands, great and small, with long terms of im
prisonment for the offenders."
A dozen big men tried yesterday afternoon to
rescue two prisoners, Rosa Dells Vecchla and
Rinaldo Delia Vecchia, from the custory of dep
uty United States revenue officers, at Park Row
and Beekman street. At the same time Glrardo
Spagnuello. the government's principal witness
against the two prisoners, who were charged
with violations of the Internal Revenue laws,
was brutally assaulted and beaten. The two ac
cused persons and the witness were on their way
in the custody of the officers to the office of
Unitfd States Commissioner Shields, in the Fed
eral Building for arraignment. They had been
previously taken before John W. Slnsel. United
States Revenue Agent, in the Tract Society
As the party left the door of the Trad So
ciety Building they noticed half v dozen Ital
ians hanging about. As threats of death had
been made at the time of the arrests half an
hour before, the officers were on a sharp lookout
for trouble, the witness having repeatedly in-
Fisted that his life was in danger. Just as the
party rounded in Beekman street half a dozen
more foreigners joined the first half dozen, who
had followed a few feet In the rear. When
Park Row was reached the Italians quickly sep
arated, some attempting to release the woman,
some assaulting Bpagnuello and others trying
to take Rinaldo Delia Vecchla from the officers
Things were lively on that busy corner for a
tew minutes, though not half a doze, persons
apparently took the trouble to notice what was
going on. None of the Park Row police was
near at that particular moment. Delia Vecchia
and his wife, both struggling, were quickly
hustled across Park Row into the Mail street
and Park Row door of the Federal Building.
One of the federal petals finally managed with
the assistance of a bystander, to rescue Bpag
nuello from his assailants and to drag him into
the PostoflHoe corridors.
The man and woman were later arraigned be
fore United States Commissioner Shields and
held In $1,500 bail for further examination.
Marshal Henkel. with half a dozen stalwart
deputies, headed by "Big Jim" Reed, hustled the
pair, who had no bondsman, to the Tombs,
where they were securely locked op. Nothing
was seen of the rescuing party on the way.
Bpagnuello. the witness, departed through the
Broadway entrance of the Federal Building, but
fifteen minutes late,- called Chief Agent Sinsel
on the telephone, and said he was marooned In
a b?.tik at No. 7_ BUterstrest, where he had fled
to escape half a dozen of his original assailants.
Mr. Sinsel, accompanied by Deputies Hibbard,
[4Kb and McGuire. hastened to Baxter street,
intending to arrest the men. But they Bed when
they saw the officers, and disappeared in one of
the side streets leading from Mulberry Bend
Spagnuello wa| taken by the officers to *
safe place, where be will be cared for. His face
and head were badly scored and cut from the
beating he received. He told Mr. Blnsel that the
men lad followed him from the Postofflce, and
all were known members of the Black hand. He
refused to give their names, fearful of the con
There are six brothers of the Delia Vecchia
family In New York, and .'ill of them are cigar
manufacturers upon a small scale, and are
known to Mr. Binse] and his men. Last Septem
ber Spagnueilo visited the cigar establishment
of Rinaldo Delia Vecchla in the basement (Jt
No. ~u Mulberry street, where he swears be
purchased 1 .<«•<» cheap cigars, upon which no
revenue stamps had been affixed. Yesterday
Bpagi uello bought _'<«• more of the alleged lin
stamped cigar*.
Deputies Loeb, McGuire and Hlbbard watched
the. transition frr-m the sidewalk. As Spag
nueilo came out. they took him Into custody, and
had him return with them to the basement and
identify D«-l!a Veccbia and the tatter's wife,
who were placed under arrest upon Commis
sion*::- Shields's warrant.
After rescuing the witness In Baxter street.
Mr. Bfnsel and his men returned to No. "ft Mul
berry street, where they seized the cigar fac
tory of Rinaldo Delia Vecchla. Including 40.<HK>
finished cigars and .*?<«» pounds of leaf tobacco.
Relatives of the arrested proprietor and wife
stood about the basement, tittering maledic
tions upon the heads of the intruders.
Discusses Another Term and the
Harrim att Episode.
Roanoke, Va.. April 12.- William Jennings
Bryan, In an interview to-day, was {'.sk^rl for an
expression on the suggestion of John Temple
Graves that lie nominate Roosevelt for Presl
dent, Air. Bryan said:
I naid nt the banquet In Chattanooga nil that
nt present 1 can say. I then said: "As at present
advised, I cannot see that i' la my duty to nom
inate Mr. Roosevelt.'' In both of my campaign*
I stated, that 1 would not be a candidate for ■
second term if elected, and as I have endeavored
to secura a constitutional amendment making a
President Ineligible for 8 second term, I could
not conscientiously urge the renotnlnatlon of Mr.
Roosevelt for a sec.nd term, even If there were
no other reason"
in speaking of the Harriman-Roosevelt epi
sode, Mr. Bryan said:
Tho President seems unduly excited over th<«
alleged 16.900.900 rained by Wall Stre.-r to pre
vent his re-election. If wall Street is opposed
to any doctrine held by President Roosevelt, It
is certainly not n Republican dorrrir.p. When
we came up against the corruption fund in IS9«
we found no more ardent champion of these
special Interests than Mr. Roosevelt.
Young German Disappears Mysteriously
Aboard the Vaderland.
The big Red Star liner Vaderland, from Ant
werp, was searched yesterday from stem to
fitern. by the ship's officers, und the immigra
tion inspectors, in the hope of finding a wealthy
young Orman physician, who disappeared
mysteriously from the smoking room on Thurs
day night, while the steamer lay at anchor out-
Bide the Hook. The name of the missing man
is George Boehnie, and he left Antwerp for a
visit to New York. According to several pas
senger* B<K?hme had #."..7<K) on his person.
As the Vaderland was approaching the Hook
Boehme left his stateroom and went to the
smoking room. Several stewards spoke to him
there, but he was not seen *fn-r 10:20 p. m.
The bandmaster on the Vaderland said yes
terday, aft«r the Kteamer docked, that he saw a
man who looked like the young physician leave
ihe gangplank dressed as a laborer. It was
thought by some passengers that Boehnie met
with foul play.
Practically Authorizes a State Secret
Service — Raines Pleased.
fn.v T>!e»rraph to The Tribune 1
Albany, April 11V— The bill empowering Gov
ernor Hughes to investigate personally all af
fairs in stat" departments or appoint special
investigators, was presented to-day by Assem
blyman Moreland, the majority leader. At the
same time an appropriation of $10,000 " iirt {Hlf
Into the supplj bill to cover the expenses of
such an Investigation and the trip of Inspec
tion of state Institutions which the Governor
will make this summer.
Broad enough in its scope to permit any in
vestigation by the Governor, the bill came as a
distinct surprise even to many legislators who
knew how thorough a plan of examination the
Governor had In mind. It authorizes the Gov
ernor in effect to establish a state secret ser
vice — a bureau of Investigators to be called on
at need. Assemblyman Moreland to-day. In
talking about the bill, compared the functions
of the Investigators with the duties of postofflce
Inspectors, who aro considered the most expert
investigators and detectives in the country.
This measure formulates all the powers of in
vestigation and supervision ever accorded to the
Governor, and many legislators deem it a big
step in advance of the power ever enjoyed by
any Governor. Such a provision was Inserted at
the Governor's own wish.
The Governor may at any time and at in
tervals of not more than three years must ap
point one or more competent persons to ex
amine and Investigate each department, board.
bureau, division and commission of the state, its
methods and system of bookkeeping and vouch
ering, its system of purchasing supplies for the
state, its system of keeping records and docu
ments, the number and grade of the employes
thereof, the kind and nature of the work done
by each employe, the salary paid therefor, and
generally to Inquire Into the methods and sys
tem of doing the business of the state in vogue
in said departments, board, bureau, division and
The bill goes on to say:
A different person or set of persons may be>
appointed to examine and Investigate each de
partment, board, bureau, division and commis
sion, or any member thereof, in the discretion of
the Governor. The. person or persons so ap
pointed are hereby authorized to take testi
mony under oath and require the production of
books, papers and documents, and shall report
to the Governor with his or their recommenda
The Governor la hereby authorized and em
powered In his discretion to Investigate in per
son each department, board, bureau, division
and commission of the state In the same man
ner and to the same extent, as may the person
or persons whose appointment is authorized
hereunder. lie is also authorized and empow
ered In making such examination or Investiga
tion to take testimony under oath, to subpoena
and enforce the attendance of witnesses, and
to require the production of nil books, papers
and documents.
The Governor shall transmit his own report
and the report or reports of such examiner or
examiners to the Legislature, with such recom
mendations as he. may deem proper, and shall
fiv th* con !■• .'i itlon of each of too i»*r>u>iis so
appointed and report the same to the legislat
ure. Such compensation and all necessary ex
penses Incurred in any examination or investi
gation shall be paid by the Treasurer on th«
warrant <>f the Controller. on the order of the
Governor, and shall In no case exceed the
amount appropriated for such purpose.
Senator Raines manifested considerable in
terest : .: the bill to-day. He rays it is a good
thing for the Governor to have well defined au
thority to ascertain the condition of the ptnto
departments. Assemblyman Moreland considers
the bill ■■: necessity. In explaining it he <!>■
clared that from the very nature of department
business ime employes were bound to fall Into
ruts and lose part of their value to the state. He
This bill, giving the Governor himself power
to investigate all departments and additional
power to appoint examiners or Inspectors at any
time, will. I believe. If made law, go far toward
preserving effectiveness within the departments
and preventing unbusinesslike methods and con
i oi dltions.
Tak<-. for Instance, the federal postofflce ser
vii •■ There Is a distinct branch of the service
made up of Inspectors whose soli- duty is to <<<•-
tect poor service and absolute methods and sys
tems within th>> postofllces of the country. These
men come and ro. .\< iin y time Inspectors may
visit a postofflce. The postal employes know
that it urges thfiii to keep up a high standard
of work and maintain tho most approved busi
ness methods. Thus examiners appointed by the
Governor, strangers, new men. each time If nec
essary, would come Into v department knowing
iion< of its employes and make an unbiased ex
The prediction was made to-day that one of
the (list steps under the bill would be for the
Governor to call for a complete payroll from
every department, with a specific list of the
duti< s performed t>y each man on the roll. In
itself, this is taken ns evidence of how thorough
the Governor's Inquiry Into department business
will be.
Legislators In sympathy with the Governor
consider this bill one of the mosl important
parts Of i.is reform policy. The bill, as As
semblyman Moreland originally bad it. did not
specify that the Governor personally might con
duct Investigations. Mr. Moreland had many
talks with Governor Hughes about this meas
ure and Its effect, and the provision that the
Governor personally might conduct any Inquiry
he chose was inserted as a direct result of
these conferences. Most people here, knowing
how closely ;he Governor is watching the k»:i
eral political situation, and especially how h>>
Is scrutinizing all tilings affecting his reform
poll. 1<<», argue that h<> did not lose sight of the
advantage this would afford him In any con
flict with legislators if opposition to his recom
mendations forced such a crisis.
Husband Would Not Take Bride Away from
the Smoke— She Kills Herself.
[By Telegraph to The Tribune]
Pittsburgh April 12. — Saying that she couldn't
stand the .smoky atmosphere of Pittsburg, Mrs.
Margaret Meyers, eighteen years old, a bride of
only a few months, committed suicide to-day by
drinking catholic acid.
She came here with her husband from Cleve
land recently, and begged him to take her away
again. He had ji good position and refused to
give it up for what he considered a whim of
his wife. She then told him that life in Pitts
burg with its smoke was not worth living.
Balloon Travels 812 Miles from Berlin to
Enderby in Nineteen Hours.
London. April 12. — Two German aeronauts,
Dr. Wegener and Adolf Koch, descended In a
balloon to-day at Enderby, near Leicester. The
balloon had' covered 812 miles from Berlin In
nineteen hours.
•*• aurttr las nad* It fsi—M "— Jutvt.
Two Son* and a Daughter of T.
Witter Brown Missing.
Ocean City, N. J.. April IZ. — Three children of
T. W'istar Brown disappeared from. this city at
noon to-day. It is known thai they were taken
to the mainland In the steamboat Aure'.ia by a
woman. The four boarded a trolley car and
treat to either PleasantvUle or Atlantic City.
where a train could iio boarded for Camden atul
Philadelphia. l» i« believed thai the children
accompanied the woman voluntarily, as they
were from f^n to fifteen years of age.
The woman wore, a sealskin coat, a small hat
of late design, and a rather full preen veil. The
children were Margarei Brown, llfteen; Moses.
fourteen, and William, ten years of age. They
hml he-ii at school, and were <>n their way home
when they met the woman. Men who know
the children saw tln> four hoard the steamer.
.Mr. Brown is very wealthy. He is -i member
• •fa prominent Gcrmantown (Philadelphia) fam
ily. He w.-).; indicted at the December term of
court for cruelty t<> his children. Mr. Brown
■v\a< subsequently convicted and sentenced. It
was claimed that ho whipped them excessively.
and also that he forced them to take ocean
baths daily ilurinn the winter. He was sentenced
t'> pay a fine of $100 on each of six convictions.
He appealed from tho decision.
At the time relatives of Mr. Brown made ap
plication for the appointment of a guardian,
saying that the conviction of the father war
ranted the request. The court took the apjiii
t 4ti'->n under advisement. It is believed that it
was some member of 'ho Brown family that in
duced the thr .• children to leave their father.
Mrs. Brown returned from Philadelphia late
In the afternoon to-day, in ignorance of the
fact thai the children had been taken away.
She became hysterical when she learned of it.
Mr. Brown has appealed to the authorities to
restore the children to him. and says that even
if it was a relative who enticed them away he
wants her punished.
Shipyard Company Says He Ozltm
$20000 on Ihe Sultana.
The Sultana, the larpe steam yacht owned by
V. H. Harrlman. whs libelled yesterday tn the
Admiralty Branch of the United States District
('•'urt. by the Shootera Island shipyard Cora
pany, which insists that $-'0.1X2 la due it for re
pairs. According t*> White & rase, of No. .11
Nassau Btreet, in November. 1906, Mr Harrl
man took the Sultana t<> the shipyards, where
repairs were order sd amounting to $4'». is.. Th*
it is sui<! were necessary *nd proper,
and the charges Just ami reasonable. The libel
1 nits received, it is alleged, 120.0 M on account
from Mr. Harrlman, but he refused to pay the
remaining $i;<"'.isc.
The HbeUants a«k that the Sultana be con
demned and sold to pay the claim. Mr. Harri
man will either have to furnish the marshal a
bond In twice the sum asked pending the trial.
or do without the Sultana during tho coming
yachting season.
Russia Assembling Troops on the
Southern Frontier.
St. Petersburg, April IX.— Advices from the
Caucasus say thai Russia la assemblyiag a body
of tr<>oi>s on the Persian frontier (or a demon
stration which, if is thought, will soon b> s nec
essary Newspaper correspondents are not al
lowed to telegraph news of th<- movements of
tht- troops, hut It is known that twenty railroad
cars loaded with artillery and three regiments
of Coasacka passed through Kan* on their way
south last \\.>.-k. The Russian diplomats de
srrit>e th»- condition of Persia as chaotic.
Beaver Dam Intake Pipe Was
Opened Last Winter.
The source of the typhoid cases in Katonah
village, in the Croton watershed, it was said
yesterday, has been found. Dr. Carpenter, the
health Officer of the district, said last evening
that the village water supply was no doubt to
blame. He said that he and Dr. c. P. Bolduan.
the representative of Commissioner Darlington,
went to the Beaver Dam Brook yesterday to
examine the intake pipe, which it was said was
us; d only in cases of emergency that is. when
t-h>' supply from the well was not sufficient for
the village requirements.
The doctor! learned that the pipe had been
opened several times last winter, and that water
from the brook hail thus been led to the well
and pumped Into the reservoir on the hill That
the land near the brook was contaminated by
the Italian laborers from the Cross River Dam
camps was known. The village authorities all
along denied that contagion from the brook was
possible, as the intak"-. they said, had not been
used for a \<ry long time.
l>r carpenter and i»r. Bolduan learned yes
terday that the Intake had been Used. The res
ervoir Is now dean, and th« water in analysis
shows freedom from every deleterious germ.
The gravity pipe will not be used again. The.
meadow through which the brook flows will be
examined carefully and disinfectants will be
used. At the same time there will be unusual
vigilance on the part of the village authorities
to orevent Italian laborers from frequenting the
district, is is expected thai tb wtractors will
be requested to attempt to conrol the move
mens of their employes after hours.
There have been no new .iiscs of typhoid In
Katonah or ;<i th« Cross River Dam camps.
The cases In Katonah are progressing favorably,
as are also the cases In other sections of the
Testimony Shows Participation in
Chicago Campaign.
[nv TeleKrnph to The Trlbum- 1
Chicago, April 12. -Testimony gheti before
the Civil Service Commission to-day by city
policemen showed that the Police Department
aided the Democratic administration in the
recent political campaign. Patrolmen from va
rious stations testified that they had been
ordered to leave their beats temporarily and re
port at the office of the police attorney, where
they were drilled in practical politics and ordered
to get out among their friends and make votes
for the party. Chief Collins was quoted as say
ing to one policeman: "Mayor Dunne is a good
friend to the policemen. Get out and work for
Testimony was also given that campaign con
tributions were taken from members of the
force by commanding officers. Inspector Peter
Kelly refused to lestify regarding the work
done by him In the campaign because, he said.
that to' testify might subject him to prosecution.
that made the highball famous -Adrv
Discharged After Forty-Eight Hours of Wrangling—
Nearly at Fisticuffs.
Jerome Says He'll Put Prisoner on Trial Second Time — Gleason
Assails Delmas — Jury Room Secrets Told.
After nearly forty-eight hours of Incessant
debating, the jurors who have been trying
Harry Kendall Thaw for killing Stanford White
on the night of June •_'.'>. last year, announced
that it was impossiole for them to reach an
agreement, and Justice FitzGerald dlscharge.l
District Attorney Jerome Immediately after
ward told reporters that he would place Thaw
on tria! again, but not until the fourteen
homicide cases now pending had been disposed
of. Thi.« means thai the second trial cannot
possibly take place until late fall or early
winter. In the mean time Thaw probably must
remain in the Tombs. Inn umia Mr. Jerome hia
that he would oppose any motion to al
mit the defendant to bail, and it is scarcely
likely thai any judge would grant a motion in
fare of the District Attorney's decided opposi
The Jury stood 7 to ."» In favor of a verdict for
murder In the first degree, divided as follows:
For conviction— Deming B. tfmith. foreman,
(Jeorge Pfaff. juror Xo. L*; Charles H. Fecke.
juror No. .'5; Henry C. Brearley. juror No. »'.;
• "harles D. Newton, juror No. .H. Joseph B. Bol
ton, juror No. 11. and Bernard (Jerstman. juror
No. ll».
For acquittal— Oscar A. Pink, juror No. 4;
Henry C. Barney, juror No. 5; Malcolm S. Fra
ser. juror No. 7; Wilbur F. Steele. Juror No. 9,
and John S. Dennee, Juror No. 10.
Unlike the rule In most murder cases, there
was no seal on the lips of the Jurors after the
trial had ended, and so it is possible to give
a reliable history of their deliberations and to
tell the reasons why they were unable to agree.
The story told by Mr. Fecke. who stood out to
the end for conviction, covers very completely
the history of the two days and nights during
which the twelve men strove to reach a decision.
"The first ballot we took." Mr. Feck» saM.
"showed that six were for a verdict of murder
in the first degree, two for manslaughter and
four .for acquittal an th« ground of insanity.
Th© four for acquittal— Steele, Harney. Pink
and Fraser— never budged from their position
to the end. but on the next ballot the two who
had voted for manslaughter went over to th«
six who had declared for murder in the first
degree, making the division eight to four.
"For a long time we argued back and forth,
until the majority offered a compromise verdict
of murder in the second degree. The minority
refused. Then the. majority said they would ac
cept a verdict of manslaughter In the first de
gree, and later offered to add a recommendation
to mercy, but the four men remained obdurate
and Insisted on an acquittal.
"This was the state of affairs when we reached
court on Thursday morning. We had brushed
aside all extraneous matters, and had reached
the crux of the whole question, that is. was
Thaw sane or 'insane when he- killed Stanford
White? We didn't care anything for Mrs.
Evelyn Thaw's story; the Hummel affidavit ha.l
not been considered to carry much weight; th»
testimony of the- alienists was disregarded.
"When court convened, as will be remembered.
we asked for Thaw's letters to his attorney.
Longfellow, and for the will and codicil, but
particularly we wanted to hear th* testimony of
every one who had Thaw under observation that
"When we got back to the jury room th* ex
hibits were read. They made a great impres
sion on Mr. Denneei In an address which lasted
thirty-five minutes he pointed out certain
things which, be said, left the impression with
him that while they did not prove that Thaw
was insane, yet Indicated that ho might be.
Thereupon he changed his vote and joined those
favoring acquittal. So we .stood until we decid
ed that our differences never could be recon
ciled, ami so reported to the court."
"Was there any outbreak el hostility between
any of the jurors?" Mr. Fecke was asked.
"Tea." he replied; "two of the men. tired out
and nervous in the extreme, nearly came to
fisticuffs. There was a question of veracity as
to whether a juror had read newspapers or
not. and the lie was passed. An encounter was
prevented by the others. However, it was all
In the heat of the moment, and the men are as
good friends as ever."
Mr. Kecke said that the jurors thought Jus
tice FitsGerakTs charge was very fair to both
.sides. In some of the court's rulings during- the
trial, however, the jury were Inclined to belleva
that Mr. Jerome got the worst of it.
"How abool the addresses of counsel?" the
Juror was asked.
"Well, to tell the truth. Mr. Dehna**a sum
ming up did not impress us. We were intor
eated «t Brat, but we got tired, especially at
the 'angel child" and 'dementia Americana" ref
erences, it was all absolutely unnecessary, uso
lesa.*' He said thai Mr. Jerome's address made
a better iaij.ressio.) on the Jurors, but thar when
ft came to reaching a decision netthst sum
ming up was taken into considerari
Mr. Fet ke was very emphatically of the opin
ion that some means should be found to call
a halt on expert testimony. Tt did not welsh
with the Thaw jurors, he said, and wasted a
lot of time.
Henry »'. Harney, juror .'. told practi
cally the same story as Mr. Fecke. He said
there was lots of animosity displayed ail
through the debates. He was accused of having
read the newspapers, and had ti» deny it very
emphatically. He said;
"There was general admiration amon^r the
jurors for Justice FitzGerald. his kindness his
rulings, his thought fulness. Mr. Jerome's plea
was also much admired, but nobody paid vtry
much attention to Mr. Dcinas's address." ho
Charles S. Newton. Juror 9, was insistent
that the plea of Mr. Delmas, based on the un
written law. failed utterly. "This case had noth
ing to do with the unwritten law, anyway," ho
said. "It turned solely on whether or not Thaw
was Insane or whether he kiUed White in i-oUI
"No credence was accorded Evelyn Nesblt
Thaw's story," he said, "and the testimony that
Thaw tried to ingratiate himself wilh her at the
beginning of their acquaintance with American
Beauties wrapped In a ISO bill removed a lot ol
the chivalry that his counsel ascribed to him.**
Mr. Newton said that Mr. Jerome's address
made a profound impression on the Jury "Ha
hi no; an orator." the juror s.id. "but he pre
sented facts in a lucid way. Mr. Delmas used
fine words, that's a!!."
Mncß sympathy was felt for Thaw's family.
according to Mr. N--wton. but yomsj Mrs. Tbaw
was not included in this. H*c manner and dress
did not appeal to them.
Wilbur F. Steele. who was one i* thog.» who
stood for acquittal from the ■very first, said that
the subject of wronged womanhood «!i'3n't re
ceive much consideration at the hMdB of the>
jury. The question was mereiy. Wa* Thaw re
sponsible for his actions?
Deming B. Smith, the foreman of thi» jury, was
go tired and nervous after his long ordeal that
he absolutely refused to give an Interview.
Malcolm S. Fraser talked briefly to th© same
effect as others, and Oscar A. Pink when ap
proached replied: "I have nothing to say. I
have had enough to say In the last two days."
The criticisms of Mr. Delmas expressed by
some of the jurors were outdone by John 8.
Gleason, one of the counsel for the defence.
Mr. Gleason, it was. who made the opening ad
drsea for his side, as a result of which there
was an animated meeting of all the Thaw law
yers, at which he was relegated to a thinking
part for the rest of the trial. Mr. Gleason. has
not been happy since, but. apparently, he was
not In a tearful mood when he said th» follow
ing over the telephone:
"The disagreement of the jury was brought
about solely by the unfortunate Insistence of
Mr. Delma.s upon the. unwritten law, -which ht»
characterized as "Dementia Americana." Instead
of this If, in his summing up, he had called the*
attention of the jury to the insanity of Sir.
Thaw, which was plainly proven. Mr. Thaw
would have been acquitted without a doubt. Tha
argument used by Mr. Delmas was an Invita
tion to the jury la electrocute Mr. Thaw if the»
had any regard for their oaths."
"I have no wish to comment on these re
marks," was the dignified reply of. Mr. Delmas
when told at the University of California dinner
what his learned associate had said.
With reference to th* disagreement of the Jury
and the probable course of Thaw's advisers, ail
Mr. Dnbnas would say was that he knew no
more about the disagreement than th«» general
pi:Mle. and that It was too «>ar!y to discuss, plapi
for the future. He was" asked about a rum'»t
that ha and Messrs. Hartridge. Peabody and
Gleason would retire from the case, leaving of
present counsel only "Dan" O'Reilly.
"I have not withdrawn, and I do not know that
the other gentlemen have," ha replied.
Nevertheless there vas a well defined rumor
that there would ha a change or' counsel and
that, certainly. Mr. Delmaa would be among
the missing. It was even said that overtures
had already been made to O'cott, Gruber,
Bonynge & McManus. the firm which were
at first engaged, but which Thaw got rid of.
This, however, could not bo confirmed.
In spite of rumors to the contrary, there has
been much trouble among: Thaw's lawyers, and
the defendant is said to have criticised some of
them rather freely. Mr. IVlmn.3 has been more
or less at loggerheads with the others, and, now
that there seems to be a disposition to place
the- blame for the practical failure of Thaw's
defence on his shoulders It is not thought likely
that ho will care to continue in the case.
"Dan" O'Reilly, who Is more diplomtlo than)
Mr. Gleason. had a little gentle criticism for Mr.
Delmas. "I confess that I am disappointed,**
he said. "I really expected an acquittal. Per
haps now. in view of tha verdict. Mr. Delmas
made a mistake in using th* term 'Americana
dementia.' But he made an honest effort, and it
might have been a mistake of Judgment."
Mr. O'Reilly said that ha would visit Thaw
early this morning and have a talk with him,
and that then some plan would be decided upon.
He said that the lawyers in the case would havo
a conference to-day and decide on the question
of asking ball and related aubjeota. Nothing
has been decided on in that direction as yet.
The lawyers expect that Mr. Jerome will oppoa*
any application for baiL Mr. O'Reilly intimated
that after this he and Mr. Peabody would fig
ure more prominently in the case.
The final "curtain" fell on the Thaw drama
nt 4:30 o'clock. Tha gossips about the court
corridors agreed that the Jurors would probably
feel that they had done their duty if they re
mained out until two full days' deliberations
had been completed. So It was hardly a sur
prise when word came that the Jury had sent
a message to th© court that it had failed to v
reach an agreement-
Justice FitzGerald left his prtvate chambers
and ascended the bench, the Jury filed Into the!:
seats and Thaw was brought in. Young Mrs.
Thaw was permitted to sit beside him. and a*
the jury passed by her she smiled up into thai!
grim, set faces. The prisoner had good control
of himself and appeared less agitated than
might have been expected, although, naturally,
he was exceedingly pallid.
"Gentlemen of the jury, have you been able ts
agree upon a verdict.'" asked Clerk Penney.
• We have not," replied Foreman Smith.
Jury and prisoner were standing, looking at
each other, as directed by the clerk. Thaw's
form seemed to contract; his wife's lips parted
in Uie manner that his become familiar, an 4
she seemed about to collapse.
"I have kept you together, gentlemen.**—
the voice >.f the court broke the stillness an<
relieved the tenseness. "1 have kept you to>
gether as long as I thought there was a possi
bility of your reaching a conclusion regardlnt
the case.
•'But now. in view of the statement that yo»
cannot agree after being out so long, I will dls .
charge you.
"Before doing so. however. I will first consul
the public prosecutor ami the counsel for th» "
defendant as to their views on the matter."
Then Justice FitzGerald asked Messrs. Hart
ridge. O'Reilly and Peabody and District At
torif*y Jerome If they had any objection t>
make to the discharge of the jury.
They all answered that they had no ebj«ctloi

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