New-York tribune. [volume], April 13, 1907, Page 2, Image 2

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Ko make, and then Justice FitzGerald discharged
If** Jury with the thar.lts of the cn-rt.
THAW BAriC TO TOMBS.
i Jr.st iv« the drowsy Jurymen were leaving the
't»o-c Mr. JUB—r nsked for Ihe remand of the
defendant hack to the Tombs prison. The in"
tion was granted, and Thaw was taken upstairs
•to tr.» prison pen on the first mezzanine floor.
• After these proceeding* District Attorney
3«.ro:ne s>k*d Justice FitzOerald not to adjourn
th- January term of the court sine die. explain
ing that there were some motions yet to be
beard end sentences to be Imposed. Justice
ritxOrald concurred In «he request, and the
•djoumment until April =* wm announced. Mr.
Jerome later said that the motions he had re
ferred to MM have nothing to do wtt* the
Thaw ease.
The District Attorney Immediately went tip to
MB office, where he was tolas* by some of the
Jurors who had voted for an acquittal. They
explained th,elr reasons for doing so. find then
left the building for their homes.
CROWDS AWAIT RESULT.
It v.-as an anxious wait for those in the cor
ridor* of the big Criminal Courts building that
half hour Immediately prior to the release of the
Jury. The news from the courtroom that the
Jurors had been summoned to appear before
Justice FitzGerald flew like wildfire. From lip
to lip in- word vas passed. "They are coming
into court." A rush was made for the floor
where the result of the Jury's deliberations
is-ould first be heard, but the police kept every
■one except the waiting newspaper men away
from Ihs) doors of the courtroom.
It wax Just 4:30 o'clock, when a big man. bare
headed and wild-eyed, came out of the side door
of the courtroom. He went through the crowd
like a phot out of a catapult, shouting in a
hoarse voice the words "Disagreement! Disa
greement!" He knocked several men off their
; feet in his mad rush to reach a telegraph oper
ator, who was waiting to flash the news he
■ Isrought.
A moment later, with his derby hat all stove
In. Police Inspector George McCluskey came
hurrying out of the courtroom. Addressing the
•police on duty there, he shouted: "Clear this
: yißJ=sage! Get these people out of here, and out
;<if the building at once!" His orders were obeyed
to the letter, and in fifteen minutes the court
; r ■■-.iK and the building were clear of all but the
1 clerks and court officers.
It was only the re-enactment of a scene that
has! occurred many times during the day. There
•*as always a large crowd about the building,
and at noon there were fully 5.000 in the four
surrounding streets. So boisterous did some of
the crowd become that Bergeant Kelleher. who
J.ad charge of the police arrangements, tele
phoned for the reserves. When they arrived
'he caused the streets to be cleared.
FAMILY LEAVE COURT.
Aft*-r the news of the verdict had become gen
erally known a curious throng still lingered
about to see the family depart. Mrs. William
Thaw, the Countess of Yarmouth and Joslah
and Edward Thaw went uptown to the Hotel
X«oraine in a large automobile. They all looked
worried.
As the countess entered the lobby of the
Siotel »he saw a woman with whom she was
evidently acquainted. She ran up to the woman
■nd said: "Isn't it terrible. I can't understand
It."
Mrs. Evelyn Thaw arrived about ten minutes
fated. She was alone. She said: "I can't under
stand it. I don't pee why they couldn't have
come to some agreement."
A reporter said to Mrs. Thaw: "It Is the gen-
Mai opinion that the jury stood seven to five
for conviction."
"I don't believe it," she Raid emphatically.
•They ought to have acquitted him on the cvi-
THAW MAKES STATEMENT.
Thaw was said to have stood up well under
the shock. After he had been hack In his cell
for a short tim*» he Issued the following state
ment, the second of the day, much against the
Trishes of his counsel, Mr. Peabody. This Is a
full copy, the spelling being Thaw's own:
First Statement- Since Dissagreement And See
end and Last Statement To-day:
I believe that «>very man in the Jury possess
ing average Intelligence, excepting possibly Mr
Bolton. comprehended the weight of evidence and
balanced It for acquittal.
All my family did not hid me good bye with
courage.
1 trust D. V. we may all keep we.l.
He was eager to give out the Matenr.ent. bat
•was at the same time distressed. The original is
In th» hands of the Tombs deputy warden, to
%-hMn he confided It.
Another curious statement was issued by him
earlier In the day. It read:
I wish the Jury and <"v»ry one *>J<ee to under
stand that no one despise* a. person who carries
concealed weapons more than I.
That only after my life was in Jeopardy as I
was informed by person*, and a* was commu
nicated to m* bjr professional <J*«t«>c*tve«i ««id I
protrrt myself : then I employed the Pink'erton*
and they could neither prove these sttempts so
2 could Invoke the protection «if th« law or dis
prove them po I could safely continue defence-
Then, doubling my Judgment. I consulted an
ex-chief of riollre. respected in hi comumnlty
sui« if* IpM that my duty wa " to Protect
trye*lf.
"in thin trial I wi«h*d my case solely and sim
ply based or the law of the state and upon the
•vidence which had convinced not only me an
IvI v reviewed all thiß evidence In quiet, but also
the District Attorney, that I am innocent under
the written law of the state.
JEROME'S STATEMENT.
District Attorney Jerome repeated late lsst
tight that he would put Thaw on trial again for
Us Ufe. Mi. Jerome Id:
I do not think that there is a very great deal
to be said with propriety by the District At
torney at this time. From th« Information that
has come to me of the deliberation in the Jury
room. and of the result of the several ballots I
cannot but feel tht> it is my duty to place the
defendant again on trial for his life.
But there are In the Tombs prison fourteen
persons at least who are charged with homi
cide, and mutt be placed on trial for their lives
ill being charged with murder in the first de
sirre. The Thaw trial muet follow these.
If it should appear that a change of venue
Is requested, it must be remembered that such
a chance is not a mere arbitrary matter, to be
done a* it suits the pleasure of the District At
torney or the pleasure of the court It has to
be based on satisfactory reasons set forth In
sworn affidavits. The only ground on which a
change of place of a trial may be secured Is
that It might be practically Impossible to secure
a Jury of open minded men to try the action in
this county.
A precedent was set In the past in 1884, when
PIANOLA RECITAL
TO-DAY (SATURDAY) AT 3 P. M.
(Ms cares ef admission require*.)
Soloist, Mac FLORENCE MULFORD-HUNT, Mezzo Soprano
Late of the Conrled Metropolitan Opera Co.
PROGRAM:—
Theme Ort«tit*l et Variation! Tsehalkewskr j Romans* from Second Suit* ia C minor
PIANOLA. .<*;.£•- Arthur r«M*
II e*t <Joui. II «»t boa— Arta from Utrn- B^iESi i2";*V:;"*««'W l*velles
<s;ed« MeM.net B * u » d « »> *■ flat. Op. JR;v Chopin
Mm*. Mulfnrd-lluat. m-i— i- PIANOLA.
Accompanied with th« Pianola. '2i"mi '"ii ;"'~ Massenet
Divatn Paniocilne-from Hansel und Gretel. I Sweetheart. Thy Ups AT * Touched With
EOLIAV «« OROA v' 1111 1 ' 61 ' I raw \ J^' «^H«t Ch«d*le'je
AEOLIAN riPB ORGAN. Accompanied with the Pianola.
■Ml him) rsn>.
T"Kf* /Xt^niiiPU^ Aeolian Hall, 362 Fifth Aye.
; !i^ /ACUllClll \-JkUl lipCll I}', Near 34th St., New York.
TRIAL OF HARRY K. THAW TOLD IN BRIEF
.•
June 25. ISOe-llany K. Thaw »hflt Pfiinfortl TTWt*
on the Madison Square "*! f Garden. Thaw ar
rested and locked up in the Tenderloin police
JunVs&haw committed to the Tombs by Cormier
Dooiev. Daniel ORfUley appeared in police
court ' for prisoner. Defence retained I>ewis I*
Delafi«ld Frederick P. D'larield. the law
finn of BU." k-. Olcott. timber & Bonynge and
Henry V.*. Longfellow.
Jun* srraigiMKl *~!°*Z A J 2*' m Cowing In
Ju v "17-Thaw droppM W« counsel. Black Olcott.
Oruber 4 Bonvnice. an<l retained Clifford W.
HattrMs* John B. Gleason and A Russell Pea-
Jan^ry st&Msrac before Justice ™ era M .
Janu^-^^re'rHTciitional Juror, .elected.
January 25 -Two more Jurors «*«•£»•
innnarv "S -Nine Jurors now In pox.
January Mne "jurors still in box. two excused
3muEu7*»-srwomor* Jurors chosen, eleven now
In box. , . .
tT«hri!ar>' 2 — Jnrv completed.
February 4-AsMstar.t District Attorney Garvan
inikea opening address. John B. Gleason opens
for the defence Stanford White'- son. called
by prosecution. Is first witness of trial.
February 6-Defence culls Dr. Charles C. Hey, an
alienist of Mttsburg. Jerome - gives him
BnKllinr examination. PHphtn M. Del.na,
after conference of Thaw counsel, takes charge
Februarys-Evelyn Xesbit Thaw begins her story
Febr^'-Mrs."^^ Thaw continues her
REEK £B? 'fißM K^nTa^allenlst for
thiXtaW declares Thaw had delusions of
Persecutions, and at the tlrae.of shooting was
suffering from a "brain storm.
RECORDS OF OTHER FAMOUS TRIALS COMPARED.
Albert T Patrick— Trial lasted 9 weeks and 3
day.;" A out 3 hour*; verdict, murder in
first degree. .Sentence recently commuted
to imprisonment for life.
Nan Patterson-First trial stopped at end of 10
days owing to Illness of Juror. Second trial.
17 dam- Jury out 34 hours: disagreement.
Third trial 14 days; Jury out ,11, 11 » hours;
JSreement Defendant. van allowed to go
free by default.
Second trial. 21 days; jury out -j minutes,
verdict, not guilty.
Dr. Samuel J. Kennedy-First trial 10 da,s.
jury out 8 hours: d» R~ement Defendant
was allowed to go free by default.
Carl vie W. Harris-Trial lasted three weeks, Jury
several aldermen were put on trial in thU cit>
These cases had a great £«"£">•■ lld ™«
sworn testimony was spread oad^« t .„
the community. The retrials were had in this
"There doesn't seem to he any reason for a
change of place of trial in this ewe. I see
nothing which leads me to believe turf • men
cannot be selected who will give a fair trial to
this defendant In this county.
An application for ball Is a motion that the
defendant has a perfect right to make In view
of the deliberations and attitude of the pUT, ,I
shall consider it my duty to oppose such^ an
application. In my opinion, taking those Tacts
into consideration, no Judge to whom the matter
is submitted will admit the defendant to bond,
the circumstances being as they are.
In company with Assistant District Attorney
Garvan. Mr. Jerome last night attended a pri
vate dinner. To-day he goes to his country
place at I>akev'.lle. Conn., for a rest of several
daye. He will return to New York In the early
part of next week.
t ■ " — ■
LOXDOX VIEWS OF TRIAL.
Barristers' Opinions on Ijegal Meth
ods in Thaxc Case.
London. April 12.— Interest In the trial of Harry
K. Thaw for the murder of Stanford White, which
at first was intense here, lagged during the latter
stagea of the proceedings, but the jneipectedly pro
longed deliberation* of the Jury and the novelty
for the British public of the rireumstsnees sur
rounding the final scenes raised curiosity here te
a fever point to learn what the outcome of the
strange case would be. Within a few minutes of
the receipt of the cnWe dispatch announcing that
the Jury had disagreed the streets of Ixtndon. In
spite ef the lateness of the hour, echoed with the
•houts of the newsboys. The newspapers were
bought up eagerly and the people everywhere dis
cussed th« 1 kelihood of a fresh trial-
The chief criticisms heard turned upon the ce-m
rmrative lenlencv nf American opinion regarding
homicide and what Englishmen <-<>nsl«l»r a lack of
diar.ity etid method In th« proceedings of the
courts. It has been the t>naat of Englishmen that
hanging invariably followed killing here, but Secre
tary Gladstone's lenlenr-y toward Horace G. R»y
aer, the young man who shot and killed Willlsm
Whltsssy laM January, and the unexpected wave rt
sentimentality which demanded it led to a discus
sion whether the swift a:;d stern processes of Brit
ish law will not In the future more frequently bend
before DUbtto opinion.
Only two Americans mr practising at the British
bar as barristers. In the Inner Temple, where the
British barrlfters have their offices, where many
of them take their meals in common and live a
sort of club life, tho Thaw trial has excited more
Interest and discussion than any legal event In
America for many years and than most Important
trials In Kngland The American barristers have
been called on to do much explaining to their
British brethren of what appeared t» the latter to
be the peculiar methods of AnierU-an courts.
N»wton f'nno, who has been a member of the
Inner Temple for many years, and Is president of
tlie American ■eeJetjr, said Rngllnh barristers at
first took a keen Interest In the ease, particularly
as to trie suggested pleas of emotional Insanity and
the "unwritten law," but recently had almost given
up the attempt to understand the procedure of the
court. Prom etart to finish tills was in great con
trast to the <ouree followed here. In the first
place, there was the length of time between the
arrest and the trial. In Kngland In a similar case—
for instance, that of Rayner, for the murder of
Whlteley— the trial would almo«t Invariably ocaur
within a month or two of the crime, and would be
forgotten before a man would be arraigned In
America. The greatest contrast, however, an noted
by Engltah lawyer*, was the selection of Jurors, a
work which occupied so much time lv America
and so short a time here. The Kngliahman could
not conceive of a competent Jury being obtained
»!:«n each talesman had to undergo eueh an ex
amination aa did the American Jurors. In the court
procedure, too, there were many Instances which
aroused the cuiioelty of Rngllsn members of the
bar. One that particularly struck them was the
standing asidn of a wltnesa to allow a document,
on which he was to he examined, to be proved as
was done with Mrs. Thaw to allow the defence to
prove Thaw's will. Here a Judge would take the
statement of a lawyer that he was able to prove
the document, and there would l>e no further inter
ruption of the witness's evidence. This and the
fact that a lawyer had to Introduce much other
wise untiecesbary evidence, for use In case of an
appeal, was blamed by English lawyers for the
dragging of the case, which, they believed In Kng
luiid. where thero was no criminal appeal, would
have been finished within a week at the moat.
J. Arthur Barratt also has spent many half hours
since the case opened explaining to ills legal frtende
In the Temple the meaning of the moves of the
X EW- YORK D'A TLT TRIBFNB. "BATURD'AY. a.PRIE 13. 490 T.
February H-Death of the wife of a Juror halts
Zi^'^Mt&rW&ry^ Jerome begin,
F^ary '^S-^HSfe. '*««• ■*■»»•
cross-examination of Mrs. Evelyn Thaw.
February 21-Cross-examlnatlon continues.
a 7.■e 9 lr:^Uf,n^a 99 tt t ha nn t d •defencere.ta B
March 12-Stanfont White's brother-in-law. James
M CltnchSmith. testifies for the proaecution . s
March 14-Humtnel denies Mrs. Eyeljn ™ aw ..
story Dr. Austin Flint, in reply to Mr Je
rome s hypothetical Question, ■wear* Thaw was
Marc'hV-Trial If. halted and Mr. Jerome asks for
the appointment of a commission in lunacy.
March 26-Commlsslon in lunacy If .appointed by
Justice Fltstterald to determine Thaw's mental
March 2S^M organ* J. O'Brien, a member of the
March 28-Morgan .1. O'Brien, a member of the
commission, resigns and David McClure is ap
pointed.
April Thaw Is declared sane. __!„_♦
April 6-Mr. Jerome Pays he will appeal ■*»»"«*
the commission's verdict. »• he la not allowed
to see a. copy of th« minutes.
April Mr. Jerome decides not to appeal.
April It-Mr. Delmas begins his final address.
April 9— Mr. ivlmas completes his summing up.
April KV-Mr. Jerome sums up for the prosecution.
Justice Fits Gerald charges the jury. Jury takes
April Jury disagree* and Is discharged, after
deliberating nearly forty-eight hours.
SOME FIGURES OF THE TRIAL.
Talesmen examined ss '
Special panels of Juror* *
Number of trial day* •"
Lunacy communion In a«»alon, day» ........•--
Number of •]«>•■ betw#e--. ahootlnir and begin
ninur of trial • •• • ••■ ''"
Number of day* between shooting antt charge
to Jury -52
Number of alienists called ■ • • • • • • lo
Number of word* In Mr. Jerome's hypothetical
Question 13.000
out on* hour and twenty minutes. Verdict,
guilty of murder In first degree. Executed weeK
beginning March SI, IS>3-
Dr Robert TV. Buchanan— Trial lasted six weeks;
Jury out twenty-eight hours and four minutes.
Convicted April 26. 1893.
Dr Henry C. F. Meyer— Trial lasted thirty-six
days jury out three and one-half hours. con
victed of murder In second degree on June
8. 18*4.
Mary Alice Fleming-Trial lasted forty-three days;
jury out eleven and one-half hours: 1.100 tales
men summoned and 609 examined. This was the
greatest number on record, except In case or
•Boodle" Aldermen Thomas Cleary, when .48
talesmen were examined. Verdict, not guilty.
June 23, 189.
Leon F Ozolgosr-Trlal lasted eight hours and
twenty -Jive minutes: Jury out lour minutes.
Verdict, murder In first degTee. Taking of testi
mony lasted only four and one-half hours. 1lm«»
elapsed between death of President MeKlnlev
and conviction of assassin, ten days and four
teen hours.
prosecution and defence. He has found the chief
criticism levelled at the Jury system, and the ap
parent lack, to Englishmen, of decorum In the
conduct of the caae. To English lawyers It had
to be explained, he said, that, on account of the
right of appeal in criminal cases, the Judg* could
not. as would bo done here, stop the long cross
examination of witnesses and the Introduction of
evidence which had no direct bearing on th« crime.
Here :he judges Insist that the lawyers shall hold
closely to the facts, to himself being left the duty
of deciding whether the evidence Is material, with
out suggestion from counsel, and charging the Jury
as to the law. According to Mr. Barratt, the legal
consensus In London Is that the Jury would have
found Thaw guilty of murder, with a strong recom
mendation to isjsi which would have meant a
long or short term of Imprisonment, at the discre
tion of the Home Department.
AGAINST EXPERT TESTIMONY ABUSE.
Xoreland Hat Bill Relating to Murder Trials
with Insanity Pleas.
Albany. April 12.— A bill aimed tgslnst the abuse
of expert testimony In murder trials where In
sanity is pleaded as a defence was Introduced In
the Assembly to-day by Ma.iorlty l^ad-r More
land. The bill would prevent hypothetical ques
tions being asked In any criminal case where in
aanlty Is a defence. Mr. Moreland says the Idea
Is to" do away with the experts, who. he said.
usually received large fees for professional opin
ions favoring the side which retained them
PITTSBURG LOST INTEREST IN TRIAL.
Excitement Died Out After Twelve Hours of
Waiting for Verdict.
rittsburir. April 13.— Pittubura 1 received the result
of th* Thaw trial with hardly «■ SBueh interest as
it did the baveball bulletins. There was little, com
ment.
For about tw»lve hours after th« ra«f> w«s riven
to the Jury there was Intense Interest and up to a
late hour In the night crowds besieged th» bulletin
hoards of the newspaper*, while from •utnjrbon
points and club* and hotel* there were continual
queries by telephone. Among- the places where the
greatest Interest was displayed wa» the Duqucsn<i
Club, one of the swell club* of the city, and of
which Harry Thaw «ait member.
GREGG ASKS MESSAGE.
Want* Governor to Discuss Book
makers and Racetrack Gambling.
TRy Telegraph to Th« Tribune J
Albany, April 13.— Declaring that he was con
vinced that he Finance and Codes committees <11« l
not Intend to report the anti-|rambltng Mils, the
Rev. A. 8. Gregg to-day sent a formal appeal to
Governor Hughes urging a special message on the
subject of bookmakers and racetrack gambling.
The legislators are somewhat suspicious of this
subject. I. ant year the bills were denounced a*
emanating from the poolrooms. These bill* cam«
from District Attorney Jerom», but he has b"* ri
unable to press them. Mr. Gregg's appeal to the
Governor was as follows:
You are respectfully ursed to send a message to
the Legislature recommending th* passage of an
amendment to the gambling law* which will enable
public officials to prosecute bookmakers and others
who ramble at the races. This appeal is based on
the followlns; considerations:
The Constitution of the State of New York as
amended in ISM. commands the Legislature to pass
appropriate laws to prevent all forms of gambling.
For thirteen years the. Legislature ha* utterly
failed to enact a law which would enable publio
officials to prosecute racetrack gamblers, although
all gambling outside of a racetrack inciosure has
been made a felony.
In making this appeal I voice the sentiments of
the church and reform forces of the state, which
are becoming alarmed over the spread of gambling.
Racetrack experts say that last year the amount
of money lost In gambling on the New York tracks
amounted to 530.000.000, and the same authorities
predict that gambling will reach 530.U00.000 during
1907. The gate receipts and various other fees
amount to over 54.«j00,'80 a year. The racing season
opens at the Aqueduct track next Monday. For
the next five months there will be a riot of gam
bling at the tracks. Racing will be Incidental.
Gambling will be the main business. The gambling
will be open, shameless and unrestrained.
Other Governors have taken the Initiative in the
effort to overthrow gambling-, notably Governor
McLean of New Hampshire and Governor Folk of
Missouri. Texas has made all forms of gambling a
penitentiary offence, and there Is a crusade on fa
Arkansas against bookmakers. Racetrack ramblers
have been driven out of Illinois and New Jersey.
New York State, the so-called "Umpire State." I*
thronged with common ramblers and bookmakers
during the racing season, because they are Immune
from punishment.
This Immunity of racetrack ramblers from liabil
ity to prosecution exists In disregard of a clear
mandate of the 'ite constitution, which you, as
Governor. in •■<> . aon with the legislature, nave
sworn to uphold.
TENEMENT HOUSE BOAKDS OF APPEAL
Rffce Bill Provides for Them for New York
and Buffalo.
I By Telegraph to The Tribune.
Albany. April Tenement house commis
sions of appeal for New York and Buffalo are
provided for In a bill Introduced to-day by As
semblyman Recce. The New York commission
Is to consist of five members appointed by the
Governor with the consent and approval of the
Senate. One of the five must be a tenement
house commissioner, and all must be residents
of New York City. Their term of office Is three
years, and their salary. $10 a day.
Whenever an owner of any tenement house
built prior to April, 1901. feels aggrieved by an
order of the tenement house commission, he
can appeal for redress to this board.
INDORSE PUBLIC UTILITIES BILL.
Following the example of a majority of the Re
publican district organisations, the Pioneer Repub
lican Club, of the «th Assembly District, at Its
meeting last night, paused resolutions commending
Governor Hughes and recommending the passage
of the Public Utilities bill. . - !•——••
A committee of one hundred citizens of Brook
lyn, comprising ■"• aflvlsorv board of Borough
resident Coler. met at the *»al Estata Exchange
across the bridge last night and Indorsed the
Public Utilities bill. Charles Francis Adams pre-
KELSEY HKAIUVG ENDS.
JUDGE HATCH SUMS UP.
Urges Acquittal of Man Who "Did
No Wrong."
[By Telegraph to Th* Tribune.]
Albany. April 12.— Ex- Justice Hatch brought
the Kelsey defence to an end to-day with an
Impassioned appeal to the Senate Judiciary
Committee. It was a moment of excitement as
Mr. Hatch, his voice trembling with emotion,
urged the acquittal of "this man. who has done
no wrong, this man whose integrity the Gov
ernor who demands his removal has not chal
lenged." The throng filling the Senate chamber
to see the end of this trial listened intently as
the lawyer poured nut fervid appeals to the sym
pathy of Mr. Kelsey's friends. Of defence, of
argument there was little other than a brief re-
Iteration of the points of the voluminous testi
mony. The lawyer's whole summing: up hinged
on his plea to his auditors.
"Once there was a man." he said, "a man of
power: his name was Pontius Pilate. Pilate led
out Jesus Christ before the multitude. 'I find no
fault with this? man.' he said. 'There is no
wrong In him." and that multitude answered and
cried. 'Crucify him! Crucify him!' You have
before you on trial to-day a man of whom it
has been said, 'Here Is a man who has done no
wrong. Here is a man. there Is no wrong In
him.' Are you going to cry. 'Crucify him! Cru
cify him'?" Pointing a finger at the committee
Mr. Hatch thundered, "If you do I say to you,
beware the consequences. Retribution will come
to you from the public. I say. beware."
On Wednesday the Senate Judiciary Commit
tee will meet to consider the evidence. They
will then report to the Senate, with some recom
mendation. After their report to the Senate a
vote will be taken trhich will finally decide the
fate of Superintendent Kelsey.
Judge Hatch began his summing up by declar
ing that he had had no time to make ample
preparation for it, but that counsel for th* Su
perintendent based their reliance, on the evidence
In the case and not upon any argument that
counsel might make.
"The evidence Is so Overwhelmingly In favor of
our client that it alone will convince you that
Mr. Kelsey has discharged his duty to the letter
and more than fulfilled every requirement placed
on him," he said.
Taking: up the Governor's message request
ing; the- removal of the Superintendent. Judge
Hatch declared that there were no specific
charges against Superintendent Kelsey— fact,
that the charges were so general that it had
been hard for him to find Just what they were
to refute them. Hla general argument was that,
according to all precedents of civil law with
Governor Hughes rested the. burden of proof,
and until he had mado and proved actual
charges of grave enough character the Super
intendent should not b<» removed.
He maintained that it was apparent to any
fair minded man that the Governor in asking
for the removal of Superintendent Kelsey acted
on a mistake in fart or on false information.
Judge Hatch said that the Governor in his
message to the Senate had mentioned only life
insurance companies, leaving out flro and fra
ternal companies, which, he said, constituted
the greater part of the business of the Insur
ance Department. He advanced this as an ar
gument to uphold his contention that the Gov
ernor lacked knowledge of th« amount and effi
ciency of the work don© In the department and
at the same time did not do the Superintendent
Justice.
BELIEVES RECOMMENDATION HONEST.
"'1 do not Impugn Governor Hughe*' * Integ
rity," he explained. "I believe him to be hon
est in making this recommendation. But Gov
ernors are not infallible. When they become
Governors they do not at the same, time become
posses !»<»d of complete knowledge of the way
••very state depart ought to be adminis
tered."
I'artl^ular stress wa.i laid on Mr. Kelary's
handling of the fire Insurance situation after
the Fan Francisco disaster had left that class
of companies in a precarious position. What he
termed the "brilliantly successful way In which
that situation had bren treated by the Super
intendent he held was of itself ample proof
that Mr. Kelsey was an official of unusual abil
ity and Initiative.
Mr. Hatch devoted much of his argument to
showing how Mr. Kelsey bad interpreted and
administered the different sections of th« Arm
strong law. Section by section this law was
taken up. and fir each section Mr. Hatch
brought forward Incidents and examples to rap.
port his contention that Mr. Kel.fey understood
it thoroughly and interpreted it correctly. H»
used argument to try to show the Superintend
ent's ability and wisdom In retaining Vander
poel and Huntor In office.
"Now," thundered Mr. Hatch. in closing, "you
gentlemen of thin committee have the whole
case. The Governor had half the case. You
must decide it fairly upon the evidence sub
mitted, without regard to anything else, it rents
with you."
Officers of fire Insurance companies whose
companies were seriously affected by ih<> Sun
Francisco fire testified In favor of Mr Kelsey
in the morning. They supported hi* contention
that a policy leM conservative than that adopted
by him might have precipitated disaster. The
evidence failed to show that Mr. Kelsey had vet
made efforts to learn the exact financial condi
tion of many of the companies that, as charged
by Charles A. Moore and the Merchants' Asso
ciation, were heavily Involved.
Ppeaking of Vanderpoel. several of th* wit
nesses testified that they furnished him with
confidential information concerning their own
and other companies that they would not have
given to any one else, and that they placed ab
solute confidence In him.
Those who testified were George p Sheldon
president of the Fhfpnlx Insurance. " Com nan v
and the Eastern Union of Insurance Companies-
E. F. Beddall president of the Queen iSSSnci
Company of America and general counsel for
the United States for the Royal Insurance tW
pany of England; J. Montgomery Hare of the
Norwich Insurance Company, of England and
Harold Herrlck. president of the Niagara mii
Insurance Company. fc *' ro
A part of the testimony presented this morn
ing In Mr. Kelsey's behalf was In the form of
a deposition signed by representatives of
twenty-six fire insurance companies mI.I U>
have total assets above $200.(100 OtK> " referring
especially to the conditions following th* cSI
fornla conflagration and closing as follows:
During the whole of this period the Bnn_i_i „*
ent of Insurance exhibited complete^ and comnrl!
henslve grasp of this grave and anxlou™ mtMtton"
and we have no heFltancy in affirming that owh!»
to his sound judgment, tact and business sens* nn
extraordinary and mo.st critical period was Bare v
passed and a panic averted. safely
From our knowledge of the conditions resultlne
from the San Francisco fire and our knowl"def
of the manner in which the Insurance Department
dealt with the same under the superintend™. «?
Mr. Kelsey. we bear testimony to t lie fact that hi
acted, in such manner as accrued in the hiirheif
measure to the benefit of the business world at
largo and to the credit and honor of the State of
New York. oiaxe or
""MADE 12-COMPANY REGIMENTS.
Governor's Order Affects Nine Military Or
ganizations in the Stats.
Albany. April 12.— general orders No. 16. Issued
to-night from the adjutant general's department.
it Is announced that by the command of the Gov
ernor nine regiments of 'th© National Guard are
constituted twelve-company regiments, in order to
conform to the tactical organisations of the United
States Army. The regiments affected are:
The 22d Regiment, engineers, the 7tb. 9th. lath.
: oth and "let. of New York City; the.ioth. which
i is composed of upstate separate companies: the
' 23d, of Brooklyn, and the 74th. of Buffalo, alt of
: which are Infantry organizations. The additional
companies necessary to complete a 12-company or
ganization In theae reiimenta arc not to be organ
zed at present, but the organisation will ba ready
' in case the regiments should ba ordered into the
United States service.
THERE IS NO DOUBT
THAT
where Ens'* • Fruit Salt* b&3 beep taicsn la tia eadlsji »ia^t>%
of ft disease it B&s in innumerable instances pravanted a isricca
Illness. Tia eCect c£ •
END'S 'FRUIT SALT'
1 upon »37 disordered, sleepless, or fevßrisn caaUtlon It ilaaply
marrel!on3 and unsurpassed. In foci ii
ZII mT7-i . . --. - ± • • - - i- " - •■ ... i
IS
NATURE'S OWN REMEDY
Whotawla otlTewn. KPouczsv a Co, M.^&sdnyaiihWEUra Street. Ns^Ta-i.
SILK SHIRTS
Pore English and Fine* ailfa aad silk
mixture*.
Price $6.00 to $25.00
WENDEL DISMISSED.
_ •
Governor Hughes Approves of Find
ings of Court Martial Save as to Fine.
Albany. April 12 (SpedaO.-Governor Hughes
to-day approved the recommendations of the
court martial convened to try the charges
against Captain Louis Wendel of the Ist Bat
tery Ught Artillery, dishonorably dismissing
him' from the service. The court recommended
that Captain Wendel also pay a fine of SIOO.
This recommendation the Governor disap
proved as detracting from the weight of the dis
missal itself.
Captain Wendel was charged with accepting
part of tho salaries of armory employes for em
ploying them. Other serious charges also were
preferred against him. H« did not appear before
the court martial, claiming that the court had
no jurisdiction, as the adjutant general of the
National Guard tiad accepted his resignation be
fore the COUTt convened. Governor Hughes, as
commander tn chief of the National Guard, re
versed the action of the adjutant general and
ordered Captain Wendel court martlalled.
In approving the findings of the court. Gov
ernor Hughes said:
The accused failed to appear In person before
the court martial, and the trial under the regu
lations, due notice having been shown, proceed
ed In his absence. It followed that the evidence
was limited to that adduced In support of the
charges. The findings are approved.
The Military Code provides that on conviction
of certain offences an officer may be sentenced
to be dismissed from the service, and h«» shall
thereby be Incapacitated from holding any mili
tary commission, fined to an amount not ex
ceeding $100. or reprimanded, or to all or either
of such penalties
Where the offence Is of such a character as
to require a dishonorable discharge, th* most
ser ous punishment which under the code may
be Intllcted on an officer, the addition of a small
pecuniary fine adds nothing to the punishment
but rather detracts from the JUSt weight of the
dismissal Itself.
1 therefore disapprove the Imposition of the
fine of $100. but In all other respects the action
of the court Is approved and confirmed.
Assemblyman Frisbe*. of Seheneetady. ha»
said that there were other militia officers In
New York City whom he thought would be
found guilty of the fame offepce Captain Wen
del was convicted of if th.' National Huarl In
vestigation, an provided for by th«» Wainwrijrht
bill, should bo made.
In General Orders No. is. Issued th! s after
noon from the Adjutant General's department,
the findings of the court martial are given In a
voluminous document which sets forth that the
court martial found Captain Wendel guilty un
''"■ all four charges preferred against htm. as
follows:
Charge i -conduct unbecoming an officer
and a gentleman."
Charge Z— "Conduct to the prejudice of good
order and military discipline."
Charge — "Neglect of duty."
Charge 4—4 — "Making a false certificate of ac
count."
The order concludes: "Captain Louis Wen
de*. first Battery, N. <; x. T.. ceases to b« an
officer of the National Guard from April 12.
290 I .
Governor Hngheafs decision In the case of Cap
tain Wen.iel was foretold in Th* Tribune of Marrt]
ft. In that Issue it was predicted that when th.*
report of the court martial was transmitted to the
Governor it would contain a verdict of conviction
Captain \\'»-ndcl himself could not be found last
night At the Fort Wendel Hotel, which he runt
it wa» salii that be had nor been tliero at all yea
terday. At hi* horn» in Klnsj.brl.lKo Road no "one
seemed to know whether he was in town or not.
TO BETTER MADISON AVENUE SERVICE
The State Board of Railroad Commissioners
Makes Recommendations.
Albany, March 12.— As s result of Investigations
marto by tho Stato Board of Railroad Commis
sioners as to the service on the Madlsnn avenue
line of the New York City Railway Company. th»
board has recommended as follows for the Im
provement of service:
That the average number of southbound cars
passing a point on -IM street be Increased between
the hours of 7 and 8 v. in. from to to &>.
That th<> average number of cars passing a
point on 42« i street, southbound, between th« hour«
of 11 a. m. and 12 in. bo increased from 41 to .".;.
That the average number of northbound cars be
tween 11 a. m. and 12 in. be Increased from M to 61.
That tho average number of northbound errs
passing a point on Ol street between the hours
of 12 in. and 1 p. m. be Increased from 43 to 50.
That the average number of cars, -southboniil.
passing a point on-4Ud street between the hours
of 12 m. and 1 p. in. be increased from 4."» to is,
That tho average number of northbound cam
passing a point on 42d street between the hours of
1 and 2 p. in. be increased from 44 to 64. That
the average number of southbound cars passing a
point on 4Zd street between the hours of 1 and 2
p. m. be increased from 44 to at
That the average number of northbound cars
passing a point on 42d street between the hours
of 2 and 8 p. m. be Increased from 42 to 53. That
the average number of southbound cars passing H
point on 42d street between the hours of 2 and 3
p. m. be Increased from 4$ to S3.
That the average number of northbound ears
passing a point on Cd street between the hours
of 3 and 4p. m. be Increased from 43 to 56 That
the average number of southbound cars passi*i »
a point on 42d street between the hours of 3 and
4 p. m. be Increased from 4S to 56.
A. N. BRADY CHANGES HIS KIND.
Controller Met* said yesterday that Anthony N.
Brady had changed his attitude toward the pro
posed Coney Island subway, which was objected
to by the Hurway Improvement Association of.
which Mr. Brady. Senator- McC'arren. Timothy L,
Woodruff and George Dobson are members.
Mr. Metz said he went to sen Mr. Brady with a
committee of citizens interested In getting the sub
way, and explained to him that the Coney Island
spur of the Fourth avenue line would he adver
tised as part of the trl-borough system, as well as
by itself, and that any one could bid. and that the
line could be continued over the Manhattan Bridge
through the extension the city Is going to build, and
thus come into Manhattan regardless of the exist
ing tunnel. \
On this cond'tlon Mr. Brady agreed to advise giv
ing consent. The field Is now open for prompt ad
vertising of the. Fourth Avenue and Coney island
linen. In connection with the Manhattan Bridge
section of the tri-horough line.
Always, Remember the Full Name
Laxative™ Rromo Quinine JZ (VL& On •very
Cw«S«CoMiaOneDay,C<vtD2D < bo*. 25<r
BuM
fflWieon Square idcst
Here's hoping to-morrow's a iof
day to take our fine Spring doHn
out walking.
Spring suits. Spring overcoats,
Spring neckwear, Spring shoes— tow
shoes.
For men and boys of all ages. ,
The Spring styles of Knapp-Felt
Derbies prove that even a house with
an old reputation for solid worth can
keep styles up to date.
Rogers, Peet & Com?ant.
Three Broadway Stores,
23S 843 1M»
at at at
Warren St. Uthst 32adsb
|WIS&%G£R
The Largest and Best-Equipped
HOUSEFURNISHING
WAREROOMS
BEST QUALITY ONLY
Our Refrigerators
ARE THE PERFECTION OF CLEANUN£33*
EFFICIENCY AND ECONOMY:
l IIC EiUU J quarter ef • cenlufT-
The "Premier" Glass lined
Order* by mall receive prompt and SSSSSoI •:!•««•»
13© end 133 We** 43d Street, and
134 We»« Forty-flrs* B*, >«w Tork.
TO COXFER WITH HUGHES
Governor Will Sec Ellison Here 00
(it if Investigation.
Corporation Cmottl KlHson yesterday road» as
appointment to confer with Governor Hughes SI
this city on Monday esjsje»*«sssj the request el
the McCteUan administration for a !eg!s!atlv» ces>
mitteo to Investigate all departments of the city
government. The conference will be at the Gat
ernor's former law office in Broadway.
It is understood that Mr. Ellison will ask tns
Governor to have the scope of the Irpislattv* ls>
vestigatlon so broa.l that It will Include the «>
counts of the Judiciary.
The investigation of Borough President Ahem*
department has cause,! a lively dtorasstea In »»•
ltti-al circles. The radical move of tt>e Mayer Si
a»kin< for an Inquiry Into all departments is a
surprise to every one. . 4 •
The Merchants' Association ha« aT^ o " I < '2J*
it Is coming into the tight. It was ially *»»WS
yWtenlay morning that at th* hearings^ In*
\hearn investigation, when resumed next JiOS"^
the Merchants* Assooiatiln will present erldrao
In regard to *treet nejclect. for which they feav*
been votleoting material for the- last two >♦»» J
Among th" evMenc* to be presented amp«>
araplis of streets taken last November, and «a«
fional Dhotographa taken a few days ago. showU.
that no attempt has been made In the internal
period to remedy the condition* .■ h - r!# . F.
Ti%»r« was a report vestt»nlay tnat i naneJ «•
Murohy Vad/r opTammany Hall, had planned t»
have one of his Assemblymen introduce taw t
create an tnveetlgatinjc cnimlaeion to esasssw
into the government of New YorK city.
WAERAXTS FOR CROW.
Speculation Said to Have Cau*cd
Attempted Pittsburg Suicide.
[By Telegraph to The Tribune I .
Plttsbunr. April 12— That detectives'
warrants for his arrest on charges of obtatois*
money on false pretense were looking for xw
crt M. Crow, when he made the attempt t»«F
mlt suicide In a box at the Grand Opera . !«»•
on Wednesday afternoon, became knowa to* '• .
Crow Is recovering at the Homoopathte
pltal. and it is said that as soon as his -°«^^
permits two warrant* will be served *"£ j
The charges are brought before TUB^T ;
Kirby by W. S. Smith, a druggi*. <*^*^ t }
and Frankatown avenues. Smith «*«»£,,. f
Crow induced him to cash checks for an aaws-
aggregating $350. and that the **T^ ;
were drawn on the Washington Trust con. .
proved worthless. .ta «#« hi* jj
After Crow attempted to^end n» TL ]s^d
uncles. H. C. and W. C. McEldownes^ «££ at .
that It was a mad desire to get rich i Qtnc. t bst
caused him to try suicide. It Is "g*. 88 * 81
he had become Involved to speeoctiog*