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V OL •LXVII....N°-2l > .OS3. MAY BE FEDERAL CASE. JEROME HOLDS IXQUIRV. Stimson's Assistance in Insurance Prosecu tion ]'< *ssible. The federal government, through United States Attorney Stimson, a Tribune reporter learned yesterday, may take a hand In the prosecution of thf international committee's representatives for alleged tampering with the New York Lift's ballot mail in the insurance election. Here any offence would be a felony. Section 3SUL' of the United States Compiled Statutes readi:^ in part: Any person who shall take any letter which has been In any postoffice befose it has b< n de livered to the person to whom it was directed, or with a design to abstract correspondence, or io pry Into the business or secrets of another, or fhsll secrete, embezzle, or destroy the same.. ehall. for every such offence, be punishable by a fire <.f not more than .S.'itNt. ,i r by Imprisonment at hard labor for not more than one year, or both. Evidence now- in I>istrl"t Attorney Jerome's possession discloses that the International com mittee opened at No. 30 Broad street envelopes containing ballots addressed to the New Tor* Life at No. 346 Broadway. Moreover. Assistant District Attorney Smyth nnd Deputy Assistant Howe, who had charge of the Investigation lead- Ing to the arrest of Messrs. Bcrugham, Carring ton and Stirrup, of the international committee, took supplemental testimony yesterday from three women clerks formerly employed by the committee, according to which, it is said, some of the employes, acting under the instructions of one of the men row under arrest, destroyed many such bailots. The attention of the United States Attorneys office was directed unofficially to this phase later In the day, and it was intimated that, were a clear case of such violation of Section 3,892 sub mitted to the office it would Investigate tbe case. Karly in the day the District Attorney's office took testimony from many men and women ex-employes of the committee. It was stated in the Criminal Courts Building that charges of forgery probably would be made against cer tain men who represented th<* committee at about thp time of the election. NO OFFICIAL ENVELOPE. Received New York Life BaV.ots Unfit for Use. A copy of an affidavit signed by Edwin P. Ra'ptnn. formerly employed by the international Committee and deposited by the committee with Its ballots at the offices of the New York Life on election day, was obtained by a Tribune re porter yoaterday. In view of the •conspiracy" charge and the FtatemenTs at George R. Scrugham. the inter rational committee's manager, now undr-r ,ir rest for conspiracy, explaining his actions, this sffir'.p.v:'- will probably figure prominently at the trial nest week. This is the only affidavit on behalf of the eotmnittee, aTordine to evidence in the Dis trict Attorney's possession, which the inspectors found when the committee's ballot boxes' were first opened. RalFton's affidavit declared that "the 100 New York Life ballots herewith forwarded by for eign polleybolders principally through the French committee were received without the official envelope. In most capes were opened by me personally, and .in many cases letters ac companied these ballots stating that the policy risers either did not receive envelopes or any f<th»r voting papers from the company or the envelope wan in a condition unfit for use." Th« "conspiracy" case against the internation al committee, which led to the arrest of Scrug ham, Carrlngton and Stirrup, was based on the charge that the committee had "perfected" and otherwise tampered with ballots. In the course *>f a long written statement which he Issued toon after his arrest, Mr. Scrugham made an explanation of the perfecting charges. The only affidavit found by the Inspectors, according to the evidence in the District Attor ney' 6 possession, was that printed above, which £oes not bear Mr. Scru&ham's name and. more over, the reporter learned, was discovered, not In any of the wooden boxes, but In a small single caniboa-d box received with the wooden boxes. Furthermore, on these V.»'< foreign ballots, it is nnderstood, no attempt had been made to write any pollcyholder's name on the envelope, as in many of the "perfected" cases, the space being left blank. This explain* the Inspectors' statements that they, personally, knew that no box had con tained such an affidavit as that described by Mr. Bcrugham. It : « asserted also that the "perfected" ballots were received in four of the general boxes which. H'ben opened by the Inspectors, disclosed "pprf^i-tf-d" envelopes distributed among the genuine ones. It " further ahnged that there were not only el»ven hundred •'perfected" notes, but more than five thousand "perfected" envelopes and "P^rff-ou-i" •■ i nesses' signatures on the actual ballots themselves. Canijigton himself, it Is said, has told th* District Attorney's office that be was present at the opening of pry box. and that, while he «5!4 not tee the Ralston affidavit, he did not see In the "1.100 ballots" box or any other box any Fu^h affidavit as that described by his chief. The District Attorney's office sent to the New York Life yesterday for more than 5,000 sus pected ballots Regarding Mr. Scrugham's as f^rtirm that Louis Marshall, on behalf of the committee, argued the very point of the com mittee's having "perfected" 1,100 ballots, an in spectfon of the minutes of the argument. It Is MM, showed that no reference was made to any such point, the nearest approach being as to whether the committee had a right to open and Inspect ballots and if found imperfect to return them to the poltcyhoider for correction. JEROME A I'I' ROVES FULLY. Stands on Arrest of Scrugham — Criticises Ohio- Methods. District Attorney Jerome Issued a statement last nißht approving the work of his assistants In ar r*et!n<; Messrs Seragnam, 'Cacrington and Stirrup, ** the International committee, and assuming the entire responsibility for Ms assistants. Mr. Jerome aluo explains the form of Mr. Bcrugtaam's arrest at Albany on Tuesday at about midnight, which had ■r-'-n criticised la "opposition" circles. Th*- District Attorney's statement follows: \ ' mated yesterday. In substance, that the sir ir*-Mt* ■-".tii- have l»<-<-n made In connection with the ejection In the New York l.ifi- Insurance Company had . ej, made In my absence, without any de ■ 'ai!«-<i knowledge on my part of the evidence exist ing [Sinat llh ■'on!' accused; and that If any Wrong ba<i Ih-'-ii don* 1 Wii.l.l, an far as-lay in my l.ow-r. correct .1 IWor«* Ira vine the city I had instructed Mr. Hinyth to invert l|cat«» carefully tb« matter- In con ■ :«••■'!. ,ii *iHi tin- election and to t;.ke such action • « It »e,.i,,.-,j to hill, th<> evidence iliStlfteil. Since I »«-tiitii«il ••, i •:. city I have carefully gone over the '■•. i«i«[,, ( . ,, which Mr. Smyth acted, and I am en tirely b.-itlcili and aporove <>f what my assistants. ■Jr. Bmytii and Mr. How*. hay« done, and assume U»> • ntlr* r'-nponslbllity for their sets , <lo not rare- to discus* th« merits of the case »'hll» iiTr>r*-eA\nKii art pending In court. Bo far ft th» form of the arrest of fleruKham I" rono"rn<"d. it may be said that whenever there is sufficient < onllnu^tl on third pane. CARPET CLEANSING. T. M. STEWART, »M 7th Ay. Founded ISC3. Tel., 633 & 634— Chelsea.— ACvu To-ilny, rloiidr. T<»-morro«, cloudy; e:s«>t arkUta. "BABONESS " CONVICTED. Manslaughter in First Degree Ver dict in De Massy Case. Ten minutes before midnight, with only a few court attendants, some of Gustav Simon's rela tives and the law yets to mark her reception of the words, Louise «1«- Massy stood up and heard the foreman of the jury that has tried her for t ho murder "f her employer say slowly. "We find the defendant guilty of manslaughter in the first degree ami recommend that the mercy of the court be extended to her-" No emotion was noticeable. The "Baroness's" hands clasped each other a little more convul sively perhaps as she heard the verdict, with its possible twenty years' sentence, but that wa« all. She answered the clerk's questions calmly, after the jury had been polled, without any hesitation. Then, at Mr. Le Barbier'e request and with Mr. Ely'd consent, the court was ad journed until next Thursday morning, when Mr Le Barbier will make the customary motions and sentence will be passed. Before she was taken to the Tombs the "Bar oness" paid: "I do not doubt that the verdict was a com promise verdict. I am either guilty of murder in the first degree or not guilty at all. I am hopeful of the result of a new trial, which I feel sure I shall obtain, and. while regretting that I shall have to remain in a cell, still, I am full of hope that another jury at another time, reviewing the evidence In my case, will return a verdict which will free me." The case went to tile jury at three o'clock yesterday afternoon, after long and vigorous speeches by the counsel for both .sides. Mr. Ely, the Assistant District Attorney, paid the woman was guilty, and Mr. T.e Barbier cried out that no jury must listen to the words of a "po lice grafter." He said the prosecution had been unable to attack the character of his client and had nothing but false testimony to base the charges upon. Justice Blanchard, In his address, told the jury that no direct evidence had been advanced to show that the woman killed Simon, that it was all circumstantial, and that while such evidence must not be Ignored, her denial of guilt "must not be lightly considered, because if the defendant is Innocent and knows nothing about it. that is the only defence she could in terpose, for sometimes innocence can only deny." He also said that the jury should take int.. consideration the proof of good character <>f the defendant which had been shown during the trial. At fi o'clock the jurors were taken to dinner by captain Lynch, of the curt squad, and I la patrolmen, to the Broadway Central Hotel. At X they returned and went to their room t ■ con tinue their deliberations: r>r. Carleton Simon and Moses Simon, sons of th<> murdered man. remained in and about the Criminal Courts Building until midnight. A number of young women and pirls. cmi 1n the Queen Shirtwaist Company's where Simon was killed, visited the Cr Courts Building and remained about tl ■ rtdora until a late hour. Mine, de Massy and her counsel. Charles Le Barbier, with a member of the French Con sulate, were together In the prisoner's "pen" on the first mezzanine floor. Gustave Simon was sh< t in hia office*, at No. •V' 4 Broadway, on the afternoon of Nov< l'.i. He died a few hours later at SI V n Hospital. A few mlnut»-s- after the shooting Mmc de Massy was arrested as she was leaving the building. For several days before theshoot ine she had ha • ultlea with him about payment for her services. According to Mr. Simon's son, Dr. Carlton Simon, the mur dered man hi his ant -mortem statement ac cused Mrs. de Massy of Bring the fatal shot. There was no time lost In obtaining a jury. The trial lasted nine days, and the Jury; by a coincidence, was out Just nine ; WHEAT PRICES SOAK. Excitement Bordering on Riot in the Chicago Pit. I Rj Telerraph to Ti ■ Tni in* Chicago, May 2 A wheal market rampant with bullish excitement on account of crop dam age prevailed In th< Board of Trade 10-day, and prices soared skyward. The advance threw the pit into a state of excitement that at tl n«-s bor dered on absolute riot. The cans* of this was the growing conviction that there would be a serious shortage In th« wheat yield this season. Th« loss In production due to the cold weather and the green but; is already estimated at 100,000,000 bushels by B. \v. Snow and other leading authorities. In the forenoon the price of wheat for delivery in July, in which the trading was most active, bounded up to Bs%<\ an advance of over three cents a bushel in two days. Heavy selling by holders with profits tended to check the upturn and the price settled back to 84% cat the clone. Prices for wheat advanced on the local Produce. Exchange yesterday to new high levels for the year on heavy buying Induced by reports of the continued unreasonably cold weather In the Amer ican and Canadian Northwest hi,, l on a higher range of pHcea cabled from English and Conti nental markets. May touching 92% cents, the July option 9314; and the September Vl'.V I . With the temperature below the freezing point the sowing of spring wheat Is being seriously de layed and the outlook is at present for : , much smaller harvest of both spring and winter wheat than bad until recently been thought probable. In the afternoon there was a moderate price re cession on extensive Drortl taking, but the close htm materially above Wednesday's final level. May closing at 92%. against :•> " 1 the preceding day; July ,it ''-»• comparing with 91»4 on Wednesday, and' September at •'-'■-•■ " M '' i!l of =>4 '" ''' WANTS CHANGE OF VENUE Jlucf Produces Stack of Newspaper Clippings in Application. San Francis May 2. •Abraham Ruef, at the resumption of his trial to-day, applied to Judge Dunne for a change of venue to some other county, alleging that he could not be fairly tried iii San Francisco County. Ruef states in his application that his trial has been in progress since March 18: that 323 venlrenien have been summoned and approxi mately -",7 Jurors examined; that since October •',•! 1806 he has been constantly made the sub ject of editorial attacks and caricatures, fre quently representing him attired in prison garb; that all of the jurors so fur sworn have, read these attacks and seen these cartoons, and that Monte of them have confused that; as a result, they entertain an opinion as to the defendant's cui!t or innocence; that some of the jurors at tended a banquet a. the Fairmont Hotel on IIS an, l there listened to and were pre ,, it ed by speech* denunciatory ol Ruef de live rod by District Attorney Lanedon and As- V, District Attorney Heney. Attached to the'Sdavit is a P ka,- of i.^v5,,..; er .-..ppin^s question urider consider^ ti.Tr! l; promising the prosecution an opportunity to file a counter affidavit. NEW-YORK. FRIDAY. MAY 3. 1<)07. -FOURTEEN PAGEB-»,J?SSrj£»«m BJ(t rOOLBOOX RAID. ItVSSEIJ. GETS TO WORK. Exchange Visited Opposite City Hall Park May Yield Secrets. Inspect.,]- John H. Russell, of the Second In spection district, with four of his staff J raided an alleged poolroom and racing Information bu reau late yesterday afternoon, on the third Hoot- «,f an office building in Broadway, oppo site City Hall lark. Nine prisoners were mad" and fourteen telephone instruments, a telephone switchboard, a telegraph instrument through which the information of the establishment was being received and other paraphernalia were confiscated. Commissioner Bingham obtained the lirst In timation of the existence of the place which reached the police. He received it. it is under- Stood, from a firm doing a legitimate business, on the same floor in the building*. The Commis- si-, tic- ordered Inspector Russell yesterday af ternoon to see what there was In th<> tip, and the Inspector quickly found out. Captain Cottrell, of the Leonard street sta tion, in whose precinct tho raided place Is lo cate,], was not aware of the Inspector's inten tions. but learned of his descent upon the pool room soon after it happened. He went to the building when ho heard the news, and the )>ri.= - oners were locked up in his Btatlon. Inspector Russell says that the raid was not over the captain's head ami that it in no way reflected updn the captain. Captain Cottrell has been in the precinct only a short time, since the big ■hake- tip. Douglas Robinson, jr.. brother-in-law of Presi dent Roosevelt, Is agent for the building. But Inspector Russell says that he does not hellevf Mr. Robinson knew the nature of the business his tenants are alleged to have been conducting, for. in rases where Mr. Robinson's attention has bee n called t, tenants in buildings of which he tad charge, whose business caused suspicion by the police, he has :ti\va\s helped the authori ties in every wa\ to put a stop to such busi nesses. Th.' alleged poolroom occupied a three room suite. The room next to the hall was kept vacant. Next to that was a small room, and next to that a larger one. in which the raiders found the outfit of the establishment. The In spector says it was apparently the idea of th*» proprietors of the place that the breaking in of th- outer door, which was kept locked, would give them warning enough to destroy incrim inating evidence before the police got Into the Inner room. Insj tor Russell spoiled this plan, however. by obtaining a key t-> the hallway door. He got into the vacant outer room silently, then knocked on the door of the smaller room. The door was opened readily, the doorman evidently expecting a regular patron, and the Inspector and his men .:,],. before It could be closed again. Inspect r Russell says that the Commissioner gn\e him, probably through some error in the transmission of the tip. the wrong number of th»* suite He imber given to htm by the Commissioner, but found it occupied by a legitimate firm He got quletlj info th« outer room of tl.' • ilte, under the guidance of • where h«» had first gone, and surprised the men he wanted. It Is undersl th" Coramisuloner's 'ip came from thts nelghboi of the alleged poolroom, who i It* proximity. Inspector Hussell ,id that some of the nine men in the Inner room tried to tear up racing sheets and charts, but he stopped th^m In time to preserve the sheets an evidence. The prison ers made no resistance The nine men all ap peared to be connected with the place, and when the police broke In, the inspector says, the tele graph : ,,,.i telephone wires were busy with th., late afternoon races at the Jamaica and other tracks. The appearance ••: th- patrol wagons and the . ..• ers < ause I a big crow d to gather in Broadway, and the near by traffic . • . finally to be called to i >;.- f • ■.; i he curious ■ i in" of the prisoners, suppos< i t-. have been !,:•■ ..'. i!..- place, and "ho called himself Fred Boer, of No. .:">'. East Wth street, w.i- charged •• violation of Section 3".i of the Penal Codfi In accepting bets on the races and maintaining a racing Information bureau. The other *'t,'ht were charged with Hiding and abet ting under the same section There appears to be some uncertaint) as to the length of time the alleged poolroom has oc cupied the suit... Th-- Janitor said they had been there about a year, but inspector Russell slid he understood they had not been there more than a few weeks. Blank checks on the Wllllamsburg Trust Company were found In a roll top des't in the placi A fuller examination of the papers in the place n»y reveal mi re Interesting infor mation, the polli c hope, us to the poolroom busi i!i this city. It Is suspected that the tele graph wire over which th Information of the establishment "as coming was connected with the big poolroom exchange known to exist In Jersey ' 'ltj The telephone and telegraph Instruments were left In place by the inspector's men. and Cap tain Cottrell placed ■ patrolman to guard them durini; the ni;,.t. This Is the fust poolroom raid made in Man hattan sin, c Commissioner Bingham's big shake-tip two weeks ago. Inspector Russell would not say last night whether or not jt In dicated a resumption of extraordinary activity against the limited number of poolrooms re maining in business in the city, such as was shown before the shake-tip, both by ill- police ami the District Attorney's office. Commis sioner Bingham was ty>t to be .seen. CAPTAIN MACKLIN EXONERATED. Court MaTtial Acquits Officer Tried in Con nection with Brownsville Raid. San Antonio, Tex.. May 2. Th urt martial which has been trying Captain Edgar Macklin of the 25th Infantry, in connection with the shooting up <>f Brownsville, to-day found him not guilty on oil the charges and specifications. The verdict read, "Acquitted fully and honor ably." ROEHRER REPEATS JEWEL THEFT STORY Charles 11. Roehrer. »o before Uuited States Commissioner Shields again yesterday In extradl ,),,,, ,,„ dings, said that the jewels found on him when he was arrested on bis arrival In Hoboken n March 17. were hta own property. Greene, win) admit* his thefts from London Jeweller* corrobo rated him. FIRE MISSES BIG TOBACCO PLANT. Durham, N. <-' May 2.— Fire destroyed the Hotel Carrolina, in the centre of the- city, to-night, entail lag a loss -of $175,000. The Carrolina, owned by Colonel Julian S. Carr. was within a few hundred yards of the American Tobacco Company's im mense plant, the largest tobacco factory in the worlr!. which was threatened by the flames. ' AFTER ALL, USHER'S THE SCOTCH that mad* tixn highball fa»oui.-A4vU BKi PARTLTIOX SUIT. Seek to Divide Large Holdings of Chattier Estate. An amended action to partition a large part of the vast realty holdings left by John Win throp Chanter and Margaret .-\stor Ward Chan ler in trust to their ten children was begun yesterday by Morris & Main, counsel for Mar garet Livingston Chanler, who was married last year to Richard Aldrich. These proceedings were instituted some months ago, butras they did not affect a small strip of land whim should have been Included, they were altered, and the • new papers in the action filed yesterday. The action is brought against Winthrop Astor Chan ler and other persons. The parcels affected by the partition proceedings are mostly In the Central West Side, number about fifteen, and are thought to be valued at more than $2,000, 000. It is one of the longest list of real estate parcels In partition proceedings filed in many months. It appears from the papers filed that Lieuten ant Governor ('harder and John Armstrong Chanler are included among the defendants to the action, which is a friendly one and brought to settle the affairs of the vast estate of John Winthrop Chanler and Margaret Astor Ward Chanler. the parents of the litigants in this action. John Winthrop Chanler died on October '£2, 1577. His wife died in the previous year. On January 15. IS7S. Alida Carey and several other persons, appointed by John Winthrop Chanler in his will guardians of his ten children, brought an action in the Supreme Court to determine how much could be paid for their support. At the hearings on that action evidence was intro duced to corroborate the contention that the father's property could not be divided among the children until they came of age. The oldest son was then about twenty. It was also testified that the # property held In trust came indirectly or directly from William B. Astor. the grandfather of the mother of the heirs According to the evidence 175,000 was settled on the mother at her marriage. $180,000 was subsequently given to Mrs. Chanler by Mr. As tor and $375,000 personal, $175,000 in realty and over £26,000 In English bonds were left by a special will of William B. Astor to Mrs. Chan ler. The property of the estate then also includ ed the Rokeby tract. In Dutches* County, and No. 192 Madison avenue On May 'S.i, IS7S, Judge Van Brunt handed down a decision that the children of John Win throp Chanler were entitled to a large estat* from their great-grandfather. William B. Astor. under two trust deeds made by him. Their mother's will, under a mistake, attempted to continue these trusts, and did direct, within them, that $100,000 should go to her husband and an annuity of $1,000 to her father. Samuel Ward. Various questions of law arose as to whether the trusts had expired and as to what was to go to John Winthrop Chanler's estate In these friendly suits. The parcels which figure In the present par tition proceedings were also affected by the action decided by Judge Van Brunt In IS7S. Borne of these parcels are: The block front on the north side of Doth street, from Ninth to Tenth avenue. The greater part of the block front on the south Hid«« of .Vith street, between Ninth and Tenth avenues. A pint at the northwest corner of f>»»th street arid Eleventh avenue. A large part of the block front on th" west side of Eighth avenue, from ."V4th to Kith street. A plot nt the northeast corner of ,">th street and Ninth avenue, at the southwest corner of .V.th street and Ninth avenue, and at the south east corner of .Vith street and Tenth avenue. QUOTES THE PRESIDENT, Mr. Watterson (Hies Authority fora Recent Editorial Statement. i By Trtaarai bune.l Louisville, Maj J Called on by "The Boston Journal" and The Washington Times" to give his authority for a receni editorial statement that President Roosevelt has given his word that under no circumstances will he accept a third term, Henry Watterson will answer In ■•The Courier-Journal" to-morro« as follows. Except that the editor of "The Courier-Jour nal" had direct and precise Information, he would nave made no such statement it came to his knowledge List wintei that In a compan) of lournallstfl many In number the President said "1 know that you do not trust me. but why can't you trust me? Why can't you be lieve in me have faith In me? l tell you now upon my honoi that if the next national Re publican convention nominates me and adjourns it nil] have to reassemble, because 1 will not ac cept th- nomination." XhiS came to ,Ml Watterson direct from Washington, it is said, from In,, responsible sources of information. BREAKS WITH HVGHES? Reported Stand of H r adsworth on the Utilities Rill. 1 B) Tc lepai h I ■ Tta« I • Albany, M^ 3 Flushed with the victor over the Governot In the Kelsej case, Speaker Wads worth, according to Information received this murning, has broken from the Governor on the Utilities bill. The Speaker, after the Kelaey vol ■. told friend- that he would try '" kl ■«'»• !h " Railroads Committee from reporting the Utili ties bill for a week or bo. Wadsworth's support of the Utilities bill baa been somewhat precari ous because of the Keluey affair and certain amendments pr nted bj Senator Page and As semblyman Merritt. A meeting was held fol lowing the K. ise\ vote at which, the Informa tion r iv.-d now runs, a decision was reached at hast to postpone action on the Utilities bill until amendments as to holding companies had been considered more In detail. This may pres age a complete break on the Utilities bill In the Assembl) . MADE- t,OOO PER CENT. Estimated Profits of Contractors <>n ( 'apitol Furnishings. Harrisburg, Perm., Maj 2. The Capitol in vestigating commission issued an itemized state ment to-nlgni showing the coal to the state for furnishing the House library and the reception and private rooms of the resident clerk of the Uo'JS. . The metallic cases In these apartments were supplied by the Pennsylvania Constmetioa Com pany, of Marietta, and the other furnishings by John H. Sanderson & Co., of Philadelphia. Jo seph If. Huston, the architect, received a com mis.-ion of 4 per cent from the state for design ing the furnishings, the total cost of which was $104.73204. The commission's auditors estimate that the profits of the two firms on these furnishings 1 vci'i from r>ou to 'L"" l: iT cent- SUPT. KELSEY WINS, 27 TO 24. Vote Taken After Morning, Afternoon and Evening Sessions. GREAT DEBATE, WARM AT TIMES. The Entire State Shows Intense Interest in Long Drawn Out Contest with Governor Hughes. I . HOW THE VOTE STOOD. FCR REMOVAL— 24. AGNEW, O »RDTS, GATES, O'XEIL. ARMSTRONG, DAVIS. GILCHRIST, PAGE. BURR, DUNN, GRATTAN, SAKE, CARPENTER, EMERSON. HEACOCK, TAYLOR, CASSIDY, FCELKER, HINMAX, TRAVIS. COBB, FULLER, KNAPP, WEMPLE. AGAINST REMOVAL— 27. ACKR( >YD, FRAWLEY, M'CARREN, S( >HMER. ALLDS, GRADY, ftTMANUS, SULLIVAN. p,( >YCE, HARTE, MULLANEY, THOMPSON, COHALAN, HASENELUG, OWENS. TULLY, CULLEN, HILL. RAINES. WHITE. FANCHER. HOOKER, RAMSPERGER, WILCOX FRANCHOT, M'CALL, SMITH. [By Telegraph to The Tribunal Albany. May 3. — One year, to ■ flay, from the time of his original appointment l> ' Governor Hijcglns, the Senate to-night reconfirmed Otto Kelsey in the office of State Superintendent of Insurance, giving only 24 of the 28 votes necessary to sustain Governor Hughes'a recom mendation of his removal from office. Twenty seven votes were /-ast against his removal. Sen ators Cassldy, Emerson ami Gllchrlst did not vote on the first rbllcall. but awun?; into line for removal on a call for absentees. A tremen rtnii!4 burst, of applause greeted the announce ment of the result. The Senators broke party lines ns follows: For Removal — Republicans: Asuew, Arm strong, Burr, Carpenter. Cnssldy. Cobb, Conlts, Davis, Dunn, Emerson, Foelker, Gates. Gil chrlst. Grattan, Ileaooek, lllnman. Knapp, O'Xeil. Page, Saxe, Travis ami Weiuple (22). Democrats: Fuller and Taylor (2>. Against Removal— Republicans: Allds, Fan cner, Franchot. Hill. Hooker. Raines, Smith, Tully. White and Wllcoa (10). Democrats: Ackroyd. Boy.c. Cohalan. Cullen. Frawley. Grmdr, Harte. Hasenflus, McCalL Mo (:trre!i. M.M;inus. .Muliaiuy. ■■■ssjllirtlT, Soh mer. Sullivan and Thompson (IT). "I wish I had a majority vote to cast for Otto Kelsey." declared Senator Raines, at the end of a vehement defence of Kelsey, which in cluded much condemnation of Governor Ilughes's course. Senator Snv asked to have his name called first, owing to a death in his family. This privi lege was eranted to him by unanimous consent. After briefly explaining his reasons, he cast the first vote for the removal of Mr. Kelsey. Senator Allds said, in explanation of his vote. It was an unpleasant duty for him to have to differ with the Governor, but he could not in this case vote for the Governor's recommenda tion without violating his conscience. The com mittee did risht. be declared, In giving Mr. K..N,.y a bearing! and the testimony, ha held, vindicated the superintendent. Senator Cassidy had his name passed. Tills gave him the knowledge of the entire vote be fore he voted. Senator Cobalan said that In casting his vote he did so not as "a cringing slave, but as the equal of Charles Evans Hughes." '1 challenge any one to say I aw not the equal of Charles E. Hughes off or on this floor." be shouted. He then began a scathing arraignment of Senators Armstrong and Page. He accused them of "Ik ing without decency, us cowardly, as seeking newspaper notoriety, as attempting to curry favor with a man whom accident bad made Governor." The Senate laughed derisively. "I do not believe in Indulging In personalities in this matter." he said, and a roar of laughter followed, and then he followed with an utter condemnation of Senators Page and Armstrong. hurling accusation after accusation at them, to the delight of the gallery, which wanted amuse ment. He declared that the worst charge that coul.l he made against Kelsey w:>s his employ ment of Armstrong as counsel. •Why hasn't Charles E. Hughes removed Al dridu'e." he said, "'who it was charged got $0,000,000 for himself or others? Why not re move Bender, whom the Civil Service Commis sion found guilty': If Hughes wishes to be con sistent he should til" his resignation." Senator Armstrong then made the point of order that only five minutes be allowed to each speaker. He rather enjoyed Mr. CohsJan*i sjH«r« h. he said. "Sandy" Smith. LOU Piyi'-'s an. talked nbnul the •Iluehes intiuisitlon.*" He paid a tribute to -Hob" Hunter. Net the fate of the most important measure of recent years, not the disposition of party policies or of bitterly fought partisan questions brought out the manifestations of public Inter est which the final day of this celebrated case produced. Prom the moment the Senate doors were swung open in the morning strangers and politicians, the vast general public and the men who were a part of the bitter Oght within the gorgeous Senate chamber jostled one another around the corridors. Politicians, from the little district worker up to the state comtnitteeman and the bos of groups of counties, wandered agitatedly around the Capitol. Telegrams poured into tho Senators by the dozen.' Pages from I time to time called Senators to the telephone. Insurance, men, prominent am. ng whom was John C. Met 'all. listened intently to the debate. Corporation lobbyists gathered round like vult ures, hungry for every crumb of news as to the change of attlture of each Senator. With the Senators themselves it was a crisis. They knew what all this interest meant. "We're damned if we do. we're damned if we don't." auoted one with a weary air. Anxiety wrote PRICE TRttEE CENTS. itself large on the faces of many. Tet Senator Sax-. whose grandmother died this noon, did nor go home, declaring that he would stay to th? end. The debate r>n the cm was notable —"easily the sanest and broadest disoussion in years.* commented many an experienced observer of legislative procedure. Denunciation of the Gov err.or's course was not lacking. '"It was not detent treatment of Kelsey."* asserted Senator Tully once. Tribute to otto Kelsey's personal character and official service was expressed by many, ranging from Senator McCarren with a conservative appreciation to Senator <Jrady with an eloquent eulogy. Personalities were not absent. Many a tilt there was between Senator Armstrong and Senator Raines; many a barbed allusion to the Armstrong commit tee's work, but on broad lines the debate on the part of the Governor's friends emphasized the contention that otto Kelsey had not per formed the big things, not that he waa discred ited, or dishonest, or even lacking in ability. "They are sins of omission, not of commis sion." declared Senator Armstrong. The Kel sey men, on the other hand, maintained that he had accomplished big things, but things unap preciated by a biassed executive and his closa supporters. PLEAS MADE FOR KELSEV. Big Croud Present at the Evening Session. [By TVlegrarli to The Trttjun*. Albany, May 2.— The throng which had at* tended the morning anil afternoon sessions of the Senate was redoubled at the night session. Women in evening dresses were present as at an affair of social importance. The Senators bad donned their formal frock coats. It was a theatric staging for a theatric event, and it was opened in dramatic fashion by Senator Grady. who, abandoning the rancorous, ranting sty!'* which in the last few years has marked his public utterances, harked back to the vein of previous yean and delivered a glowing eulogy of otto Kelsey. "Before you stands Otto Kelsey," he said. "He is fifty-four years old. and that means that his life record Is about made up. For fourteen years he has been in the service of the public, and no man has given his life more unselfishly to that public. And yet we are asked to disgrace and dishonor him by removal. For it is absurd to claim, as some of the Senators have done, that it will not be a disgrace and a dishonor. The richest man here would be willing to give every dollar he possesses rather than ex change places with him to-night, and the poor est would not for a moment think of accepting such a proposition. At his distant home hid wife and children sit waiting with a confidence only next to that which they have in their Creator for you to wipe away the stain which it is sought to cast upon him. Granting that Kelsey made an error in judgment. It was not sufficient to warrant the terrible disgrace you are asked to mete out as a penalty." "Tell me that Charles E. Hughes is clean, is honest, is fearless," Mr. Grady went on. "and I will tell you that he is not cleaner, more honest or more tearless than Otto Kelsey, whom h» seeks to remove. Kelsey stands acquitted be fore Gas); he should stand acquitted before man. Hughes, the man who seeks to remove Kelsey. is Governor because the people of this Mate. discriminated between the counsel for and tha members of ttie Armstrong committee." C.F:\T>Y CRITICISES THE GOVERNOR. Senator Grady criticised the Governor severely for not accepting Mr. Kelsey's suggestion that as soon as he was ready, he (the Governor) should examine the insurance department. "DM the Governor accept this offer." he de manded. "No; the only conference he ever had with the Governor on insurance matters was when the Governor summoned him to appear before him after he bad determined to ask for his removal " "This Is not a party question." he continued. "it's above party consideration*, l might turn to my political brothers if. the Senate and dis cuss with them the effect voting for or against removing Kelsey would have for Democrats and Democratic policies. But should I do thl3 1 would forfeit the right of being considered and stain my record." Mr. Grady directed his remarks at Senator Page. "The gentleman found a discrepancy between the testimony of Kelsey and Fatter^ son," he said, and added, with great sarcasm:. "The Senator found It necessary to dwell on this at great length, although he said he did not want to create an impression by it." The Tamm any orator continued with a locs refutation of the "discrepancy." Following Senator Grady came Senator Fuller. also a Democrat. In cold, common sens* phrases, he demolished, bit by bit. th« •Pell * ■:-'