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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, May 03, 1907, Image 1

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V OL •LXVII....N°-2l > .OS3.
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
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.
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.
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.
»M 7th Ay. Founded ISC3. Tel., 633 & 634— Chelsea.—
To-ilny, rloiidr.
T<»-morro«, cloudy; e:s«>t arkUta.
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
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 ;
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 '" '''
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.
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
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
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
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.
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
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.
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.
that mad* tixn highball fa»oui.-A4vU
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
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
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.
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.
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) .
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
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-
Vote Taken After Morning, Afternoon and Evening
The Entire State Shows Intense Interest in Long Drawn Out Contest with
Governor Hughes.
I .
[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
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?
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
Big Croud Present at the Evening
[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."
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
* ■:-'

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