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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, May 04, 1907, Image 1

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V OL LXVII..N 0 - 22.084.
Insurance Ballot Investigation
Brings in "Man Higher Up"
District Attorney Jerome, it was rumored in
Hie Criminal Courts Building yesterday, is seek
ing evidence against a "man higher up" in the
management of the international committee
than either Qeorge R. Bcucharn, Charles F.
Carrlngton or Char!e« Stirrup, who already are
under arrest on the charge of conspiracy to cir
cumvent a proper election In the New York Life.
The District Attorney, it is said, does not be
lieve that any cf these men. in their alleged
practices, acted entirely on his own initiative,
but or\f of them at least took his cue from an
other man higher up. connected v.ith the com
This m?n who. according to the rumor, pos
sesses wealth, brains and no little Influence In
die community, has received Intimations Within
the last few days of the District Attorney's
search for evidence agai;it.t him, and. according
to his Mends, will leave no stone unturned to
prevent his Inculpation. None the less, accord
lag to the nine rumor, the District Attorney's
office If quietly petting evidence against him,
and should the evidence be sufficiently conclu
sive, of course, will not hesitate an Instant to
mote out to him the same treatment accorded to
the three men lower down" already under ar
rest. At about the time of the three arrests, It
la asM, this man was in communication with the
District Attorney's office, when ho declared his
entire innocence of any complicity In the al
leged practices.
If not before, at the trial of the throe men
»t for next week the District Attorney's office
expects that interesting- evidence will emerge
bearing; on this very point. Meanwhile the Dis
trict Attorney has pledged all parties concerned
in the case to strict secrecy.
The evidence in the ease now in Mr. Jerome's
possession . includes several documents, It tn
paid, tending to show that Mr. Bcrugham In
his 'correspondence with certain policyholdera
stated that in opening ballots he was operating
under Missis. Olney. Tracy. Parker. Gray and
rntennyer's construction of the Insurance stat
Correspondence In one such alleged case came
Into a Tribune reporter's hands yesterday in
tho form if a letter from a New York Life
poliryhokler in the Oranges to Mr. Bcrugham,
and Mr. Bcrugham's reply. According to this
correspondence the policy-holder, whose name
and address are withheld for tho present, wrote
to the international pollcyholders* committee, at
No. .:" Broad street, on December .">. 1906, as
After a careful reading of the law governing
tbe election of directors for the New York Lite
Insurant Company. I am convinced that those
policybolders who <-hoose to ■•"'•" by ballot are
required to «nd their ballots In a sealed enve
lope. addrr«sed to the company, Instead of in
an unsealed envelope inclosed in another em »•
lope addrei» c^d t« Mr. Olney, an you recontly
advisfd policybolders to do. There is no doubt
Iti my mind"! hat The Intent of the law Is to pro
vide fora Becrcti sealed baHo.t to ':.• sent dlr<v-t
to the company: Thf law specifically states that
"Such envelope containing the ballot, sealed and
postpaid, may be mailed by the pollcyholder to
or dm be, delivered at the home (See of the
1 '-a:, find no provision in the law which con
lempiates th* r^reipt of hail^t*. either pealed or
un**-al*il, by your committee.' or by any one else
other than t!i» company.
i read in tho newspapers about ion days .'■•K"
the statement of your general manager. Mr.
Bcrogteamj to th» pffect that U." per cent of the
bailot" received i>y >our commit top did not com
ply with the- requirement* of ' it* law. and that
ThoKo.-wer*: being s--<-nt ick to |bl i holders for
« orreci!n?i. [low traa It possible for him to know
that to be a fact unleffi some ne In your ofn<-*i
had op*-nod the .aosio^ bailout sent to your com
mittee by policyholders •• ho followed your In-
Ftructior.p 3'-<-orr!^anylng the first and second
*»tp of ballots you sent us? can It be possible
that th«> managers of >o;;r campaign, who have
repeatedly char^eij the n.anagonient of the New
York Life with evasion and violation of the laws
with reg;-rd to procuring ballots, have deliber
ately opened *ea!f-d ballots in direct violation of
the law which roads:
"Any person concealing or withholding or
participating !n the concealment or withhold';
ing from trio inspector?, or. not being an In
*poci"r. opening, or being privy to the opening
of any Bwh •■ elope, shall be guilty of a mis
In view of your : 'parent action it is not
strange a&x tho chief insurance officer of the
'tare, in a letter addressed to a pollcybolder
which I have road, states that your action
"may be contested by criminal proceedings be
tore a magistrate or in court."
To make surf- that my vote, conforms to the
r?<iuirements of law I have mailed anothe,- bal
lot in ■■ sealed envelope direct to th< company,
find In order thai I ay not be disfranchised I
demand of your committee the ret urn of my
tallot addro«sed to the Hon. Richard Olney
*ome ton day? ago. and for this purpose I in
close a return stamped envelope.
According to the correspondence, on Decem
■tt 8 Mr. .Scrughar:) wrote the following reply:
Replying to your esteemed favor of the sth
■ r '' ■• m arc «>orroet In quoting the Now York
insurance law as follows:
■"Purr envelope containing the ballot, sealed
a -'i postpaid, may ■■• mailed by th*' poltpy
• '•' -•• •• or may be delivered at, th< home
office of the company."
I direct ycur attention to the following (acts.
Envelopes pent ••> the Hon. Richard Oinev,
dtairman, -'„ do!iv>rod at the home office of
tbe company in aealed envelopes under the
abovt provision. The statement made In the
cewspapera which you quote was correct. If we
'•ad not taken the precaution to have policy
bolders' ballots sent to the Hon. Richard t >lii.y
M that the name could be chocked before de
-i'.eriiig: to the company, at least 2.1 per cent of
'!»> pollcyholders who desired to vote the pol-
Icyholders' ticket would have been disfran
chised. I direct your attention to the fact that
these ballots are sent to the Hon. Richard Ol-
Bey. chairman of this committee, and naturally.
«* It is our mail, mo have a perfect right to
apeti tame and see thai the ballots are correct
•efon they are finally sealed and delivered to
Urn borne office of the company. I also direct
your attention to the fact that any envelope con
tained j R a] , envelope received by tills commit^
tee addressed direct to the company is dellv
*"! '■• tho Sot of the company without beins
This miire law was carefully gone over with
our Messrs. nir.ey. Tracy. Parker, Gray and lin
lenayer, and wo aro operating und«r their con
atrnctloo of the« . statute*!, and no pollcyholder
weed fear dlsfranchlsement II he has complied
,. !:!i the ln'-tructlon« sent out with th« ballots
raai nave been mailed by this committee, Hal
'ots sent to this committee that are correct are
JmraUr*<i and til' '1 it will not malte any dlf
;7' n '" you file forty ballots, only one of them
S~2 <ount "nd the <IfJt< ' " ehown on that bal
'ot would goverj) the Brst one counted if it w&a
»rert or if it was Incorrei . the second one,
' c ' l! would be a hopeless task to attempt to
• ' *nrough the many thousand ballots that we
men and pick out the one that you sent
That not all the men cited by Mr. Bcrusjtem
'J nis "ballot opening" letter had cognisance of
J "■ practices on which the three arresti'were
'*>**$. was Indicated by the visit' of one of them
w ve»u-; of tbe New York J^if^ canvass, a few
ctys ■*•* *c three arrests. On the invitation
m a clove friend, this oonunltteeman, who la
a»s* repute ' n tll<s logal profession, vlilted
:* aoane of the caavaa* and saw, tha condition
tu^T* ° r '"' VoX<i ~ ******* »y the mterna
j"*« COrnmiUCe ' After he had expressed pro
—va< * aatonlsSiment at th*- condition of affairs
Oaasasssi on aasaasl pagaji
To-<lay. rain.
To-ja«TOW. fair; norlliwc»t nin<is.
Treaty Ratified— Way Clear to Set
tle Republic's Debts.
Santo Domingo, May 3. — The new treaty be
tween the I'nited State? and Santo Domingo,
Intruded to replace the treaty which has been
pending before the United States Senate for the
last two years, waa ratified by the Dominican
Congress to-day.
The Dominican treaty marks a new departure
In the relations of the United States with the
smaller republics oi the Western Hemiaphere, for
in the case of Santo Domingo the L'nlted States
now h»-omes legally a trustee In a financial sense,
and In the discharge of Its new duties must «•> as
fnr in th« preservation of order as is necessary for
the control of the custom bouses and the colleu
ii..Ti of t> •■ republl ;'e rev< i
The treat) really had Its birth In a revolution.
the American government was pres
settlement of the claims of i 1i 1 - Itlzens against
Santo Domingo In Deceml 190*. President Mo
rales, being beset by revolutionists, and
to obtain the moral support •>( the I'nited States,
entered Into an agreement wit . Captain DlUlng
of tl c Ame I m na\-y. under thi terms of
■ .i. an cust >m l»ous« - were to '<>■
the Americans and the foreign Indebt
edness of thi country discharged from the receipts
Rejected at Washington, this agreement gave place
on March ■'; "■•<:>. to .< modua ■>!-,•■• li, which has
been In force to th ! > time. This placed nn Ameri
can collector in charge, and provided for the de
posit in New V..ik of 63 per cent of th<> customs
receipts for the benefli of the Dominican creditors.
The modua i-lvendl did not save Morales from po
:jti. al destruction, for he was overcome by tho
revolutionists, and hia Vice -President, t;>-:. ral
Caceres, Installed as President.
T)ie modua vK*endl, however, resulted benefl tally.
a.* far a* the little republic's finances wen
cerned Not only <ii! it lend to the di posit In New
Vnrk ol 13,000,060, which will now be placed to the
T«v:it of the Dominican government, but that gov
ernment hni< had more available money during th<>
period of iis operation thuTi „' any other time i".
Itc history This st«t« of affairs resulted from a
more economical administration, the suppression
of smuggling and I •■ ■ ■•■ • iragement <•( business.
The Dominican government also tim'.p it*»-lf h pos
sfsp!..', of four fine coastguard fitters, '.'ullt in
th<» rni'p.i state... forming an effective force for
the protection of 1 toms i •- and avail
able for all public isi ■
The substance of the modus Vivendi. In the snap*
of a treaty, was pending bef< re the United States
H<M;at<- when Secret* Root assumed office Rec
ognizing the force of the objection* which devel
oped to Its ratification he set about recasting the
document, and on February 19 last the treaty
which has just been rat fled was submitted to the
Senate. Tbe way had been paved by an agree
ment between Federlco Velasquez, the Dominican
Minister of Finance, and the creditors "f the r>*
publlc whereby the latter agreed to .i 60 per cent
redtction in their claims If these were settled In
cash. A New York hanking hoi • undertook to
advance the money for thts purpose, accepting .'or
the 120,000.060 5 per cent fifty-year bonds, which
will now be promptly issued, with the result that
all the creditors of Santo Domingo will be em
bodied in this slngln New York firm.
The. new treaty recites In Its protocol this .icr
ment and the stipulations for the settlement of th*
debt. It provides In Its first article for the appoint
ment by the President of the United -> -.o of a
receiver of customs, to collect the Dominican reve
nues as long as the bonds are outstanding, a period
variously estimated nt from twenty to fort years.
This collector is to pay the expenses of the re
ceivers! tho Interest on the bonds and the annual
sums required for amortisation of the bonds; and
then urn the remainder of the receipts over to •'•
Dominican government. On the -'*' osy of each
month he <s to pay JIOO.WW to •.!••• ri>cn.l a.v Nt of tho
loan If the customs receipts exceed 13.000,000 R
year one-half of the surptua Khali be. applied to the
sinking fund. Article 3 fruaranteFs the protection
of the United States to the receiver and his up
filstrm^s Article 3 pledges th'i Dominican govern
ment not to Increase Kb public debt or to modify Its
import duties without the consent of the United
ft Colonel George R Colton lias been acting ns tho
receiver of customs since '.!• " but he will be i».
lleved from the office .-itx>'.it .June. I by W. K. Pul
liani. at present one of the. collectors of customs
i:i the Philippines.
Part of Mexican Demand Met —
To Refuse Demand for Lima.
Mexico City, May 3. — Guatemala has apologized
to the Mexican government for Insinuating that
the Mexican Legation at Guatemala City wn«
harboring; the men who are suspected of at
tempting to assassinate President Cabrera of
Guatemala last Monday morning. The Incident
it. now closed to the satisfaction of the Mexican
To-morrow "FA Diario" will say:
"We have been officially advised that Guate
mala will refuse Mexico's request for the extra
dition of General Jort Lima, charged with com
plicity In the assassination of General Ba
the Uttr-r was under the protei tlon "f the
M<-xi< an government.
"On receipt of this advice Mexico will recail
hf-r repreaentative and the United States will
do like* Ise."
Railroad President's Property. Valued at
$1,100,000. Goes to Mothers Relatives.
David Willcox, late president of the Delaware A
Hudson, who committed milcld* at sea last week,
left his rotate to four cousins on his mother's aide
Tho ■ •„!<- is valued by William <;. Wlllcox. the
dead man's cousin; at $1,100,000. It is probable thai
it will be administered by William G. Willcox, with
the assistance, either as ro^executor or as legal ad
visor, of William S. Opdyke. The latter was a law
partner of Mr. Willcox.
So far as known, the only relatives present nt the
funeral were William <!. Wlllco* and Professor
Walter G. Willcox, of Cornell University, cousins;
Mrs John Duel a cousin, and Miss Elizabeth Stew
art Hamilton, a niece. None of these at least. Is
considered likely to dispute the testator's disposi
tion of his property.
Philadelphia. May 3. With work on about fifty
Important building operations tied up as a result
of the lockout declared on Thursday against the
bricklayers In this city, preparations are being
made by the labor organizations in the, building
trades to go out on a sympathetic strike. As a
forerunner of the Impentung trouble, the Council
of Allied Building Trade Unions to-day adopted a
resolution authorising the appointment of a com
mitiee to take charge In any emergency that may
arise and giving It power to act.
The body of Monroe Salisbury, the horse owner
and breeder, of Ban Francisco, who died on Thurs
da: night In Miss A. I* Alston's private sanato
rium, at No. 26 West 61sl street, was shipped yes
terday to San Francisco for burial Salisbury died
from cancer of th<; throat. Jit- was known all over
this country and Europe both as a breeder of
raclnl horses and also as tbe owner of many fast
l.»i see.
I By Tole*ra;>h to The Tribune. I
Norfolk Va.. May The wireless station and
th*.. weather observatory at Cape Henry have been
appeared to in an effort to locate EL H. Rogera'a
yacht Kanawha. having on board Mark Twain.
The yacht has been missing since Wednesday, when
there was an unconfirmed report that it had passed
out of the capes, it baa not been reported officially
as going -jut by the bureau office here.
The Kmiawha was marooned several days in the
Roads." Mr. Rogers and bis son went north by
rail Vr Clemens declined to go by rail, and re-
SStaed on board the Kanawha. . ■ He fretted con
siderably, aa the fog would not lift.
Attacked Mayer for Naming Spe
cials, but Does li Himself.
Attorney General Jackson, who the first week
In January discovered that it was a great politi
cal crime for his pred sssor. Julius Mayer, to
spend the state's money for spei la] counsel, i i
doing the tame thing himself.
Despite the fact thai he haa regular dep
uties, among them "JlmmV Donnelly, formerly
of W. Bourke Cockran's oface. tf< take care <if
local business, Mr. Jackson has designated ex-
Congressman Rowland Blennerhasset Mahany,
of Buffalo, as special counsel, t>> try to transfer
from the city treaury to the state treasury about
$«O.<HX) of court funds, which Mr. Jackson saya
are wrongfully in the custody of the City Cham,
In the good old Hill days, the Attorney Gen
eral and State Controller found it convenient
to scattter money around the state In banks
controlled by Democratic politicians, it is un
derstood in Albany that if Mr. Jackson can get
hold of th< $80,000 "twenty year" court fund
deposits supi" l^"! to have escheated to the state,
they will «" to upstate banks.
Rowland Blnnnerhassct Mahany has made
various visits to the City Chamberlain's office In
quest of the funds, cry Chamberlain Kcenan
nnd his deputy, John H. Campbell, have told
him to gel ;i court order first Mr. Mahsny doea
not seem to be anxious to hurry the matter. As
special counsel lit- will receive paj from tho
state according to the lensrh of time he devotes
to the task
Rowland Blennerhasse: Mahanj once repre
sented a Hutt'.il i distrlc* aa a Republican in the
House of Representatives. Then he nunrreiirvi
with the Republican leaders and became ;i ram
pant "friend of the peepul." After various po
litical vicissitudes he landed In th^ Hears* camp
last year. Hia appointment as special counsel
by fie Attorney General is supposed to be Mr.
Jackson's way of paying him for the hustling
he did f.r the Hearst ticket last fall. Mr.
Mahany has no specific day for assuming duties,
and n>> specific remuneration. He just spends a
lot of \\n\t* in New York contemplating the
twenty-year court fun. ls which Mr. Jackson
says the atate owns, and after :i while ii^ will
turn in a bill for his services and the Attorney
General will pay him whatever he pleases
Mr. Mayer's employment of special counsel
was, In the Judgment of the present Attorney
General, a "gross misuse of official power," but
the emploj I Blennerhasset
Mahany he considers to !• an • : prompted by
a deep sense of puhlti dv I I the over
burdened taxpayers of the Empire 9
Birth. Death and Marriage Among
A child was born leveral days .ie in Mrs
E. .1 Natte. an Immigrant, on Ellis Island wh i
arrived here recently on the H
liner Poti lai Ihe v omau left R tt<
. by her husband and nine children.
She was Ktief stricken when she landed li<^r<
tl pee ' the ' <-• died on the voyage
and were burled at aea. i ■
at thi ' ■•;•!. .i :■]••■'■ ' father
•• i to hav< ■ ...
!;•■ was at a -■ • Hi I a i ■ ■ ■■■ Isslonei
■.'. atchon had ■ kind < and his I
and the t I i istered ; a courage to
ask the Conn j • • ■ '■'■
that M waa "Rol crl tl •■ Lutl ■■'■•
... ■ md request ■
. hlld be ■ hristei • ■. Robert ! tlla Natl
Hla enthu warm and he !' r -
luslnner !■> act as godfather for
th^ child. Commissioner Watchorn was
l lme to . amply
with • it ' f the Jubilant father.
While the child '"•■ lS being christened Mr.
i, the lav ■ erl al the Island, married a
in couple who ran awaj from uns;
thetic parents at Hamburg When both ■•■.-•■
. were over Carloa Patarenl, ninety years
old, t! • ■ len on the island, took occasion
to congratulate tho couple and the father of the
child who was christened Patarenl la on hla
way to ."".•■■. Orleans to Join his four children,
seven grandchildren and twelve great-grand
Body of Hoenig Child, Thought Kidnapped.
Found in Barrel of Rubbish.
Cleveland May 3. The mystery surrounding
the disappearance of three year-old Alexander
Hoenig. who It waa believed had been kidnapped,
v.;.s cleared to-day by the discovery of the body
„f the boy In a large barrel near the home of
his parents Th« body was concealed beneath :«
lot of rubbish. Tlie police believe the child waa
The !>•>• rlisapp a red laat Monday night Thf
police had searched the rlty In a vain hunt for
the lad. stimulated bj the offpi of a large re
9 ard for his reco\ era
Philadelphia, May Mayor Reyburn Rum
marily removed from office to-day Cyrus D.
Fuss, secretary of the Civil Service Commission
of this city. Foss is a son of Bishop Cyrus D.
Pors, formerly Methodist Episcopal Bishop of
Philadelphia, and Is a prominent member of the
City party, the reform body. He was appointed
by former Mayor Weaver following the political
upheaval in thin city two years ago. Foss had
made public a letter In which he requested that
Frederick C. Dunlap, tbe newly appointed filtra
tion chief, should take an examination to qual
ify for the position, and for this act he was re
Fobs was appointed to nerve until 1011 at a,
■alary of $3,000 a year. Prior to Mayor Weav
er's break with the Republican organisation, the
reformers charged that the Civil Service Com
mission, which controls nearly all municipal ap
pointments, favored applicants Indorsed by the
Republican organization.
Denver. May 3. John 1- Routt, plghty-one yeara
old, thrice Governor of Colorado, was to-day de
clared by a Jury to be "so in.- an.- and distracted
In mind aa to render him Incapable <>f managing
hia estate." Judge Charlea McCall announced that
he would appoint Routt'a oldest daughter, Mrs.
Emma Butler, conaervatrlx of hia estate. Tho
proceedings resulted from litigation over il«" estate
of the former Governor'a wife, who died six weeka
ago and to whom he*had transferred most <>f hln
property. It developed al the hearing that Mr.
Routt la not yet aware of hla wife's death.
Robert Graves, a negro bell boy, and Robert
Turner, white, acting head porter at th<- Hotel
Imperial, fought last night In the lobby of tbe
hotel over a quarter "tip, 1 and In the beat of the
struggle the negro stabbed Turner in th<> ribs with
;■ long Maded pocfcetknlfe. Turner was taken to
the New York Hospital and Oraves to the Tender
loin police station. Turner whs not .seriously
that made the highball t»mo\iß.—Airt t
Cincinnati Soap Man Has Been at
Hotel in Secret for Three Day*.
William Cooper Procter, president of th*
Procter \- Gamble Soap Company, of Cincinnati,
father, William A. Procter, committed
»ul -ide on March '-"■•. haa beer in thla city for
three days suffering from rabies, and is receiv
ing ihe Pasteur treatment from the physicians
of the Health Department under conditions of
the utcosi seor"'-r. Mr. Procter Is staying at
the Hotel St. Kepi?
Mr. Procter, who !s a doe; fancier and who
•ne of the finest kennfis in ' >hio. was
bitter, several days an « on the vighr hand while
separating two of hia favorite animals which
were engaged In a fipht. l,ater It was dls
covered that nearly every dog In hi.^ collection
was suffering from hydrophobia. Mr. i'roct^r
Immediately consulted his family physician, who
ed him to go at once to New fork for
treatment. A special train was chartered, and
made only one stop between Cincinnati and
New York.
Mr. Procter waa accompanied by two mem
bers of hia family, and on arriving in New York
ho went to the home of, Dr 1.. G. Janeway. Dr,
Janewav advised him to «?•> at once to Dr*. Dan
iel VV. Poor ovr. William If. Park, ot the Health
1 department, for treatni i t
••>r. found thai Mr. Procter's rUM
hand was bitten in five places and that th<*
teeth of the. animals had penetrated deep Into
the bones Although the. wound? bad been
cauterized by hia physician In Cincinnati, th»>y
were recauterized and Mr. Procter was put un
der a new form of treatment.
Dr. Poor said last n!nr'u that, although Mr Proc
ter lia/i shown no violent symptoms of hydropho
bia up to the present time, hn was not yet entire
ly out of dancer It will be several weeks before
any serious results , an be seen If they develop
Mr. Procter, however, la allowed to stay at the
hotel, under constant observation. Mr. Procter
la taken In an automobile every day to the Will
urd Park Hospital of the Health Department,
at Kast Itith Mreet nnd th^ Kast River, to have
his hand re-dressed.
Dr. Park .said last night that tho fact that
Mr. Procter va.« nor suffering any pajn was a
sign, and that he might recover without
n:.v .«'•! ions results.
Since Mr. Procter has been hero not even his
most intimate friends have known Of it. Ho
Special desired to have the matter kept quiet.
The Procter homestead is In the suburb of
fJlendalo. There Mr. Procter maintained a
kennel of setters that cost him a fortune. The
dog that bit him has been killed, but an effort
is being made to gave the others, because of
their value. The dogs Mr. Procter was trying
to separate were frothing at the mouth, but he
had no idea they wore suffering from rabies.
When he interfered the dogs turned upon him.
Thirteen Hurt by Breaking of a
Dam in Mexico.
Ban Antonio. Tex.. May 3.— A dispatch to "The
Kxpross" from Chihuahua says that one of the
great walls of the Chuvisrar dam suddenly cave
way yesterday, engulfing nearly forty men
under the mormn weight of masonry and
water. Between fifteen «nd twenty of the work
men are f>nd. thirteen Injured and several
other* unaccounted for. Some of the injured
will die. All the victims are Mexicans.
According to the version of the affair which
reached here, th* men were working on a foun
dation close to the foot of th* main rampart
of the dam, which had already boon constructed.
The main wall was weakened and gave way
under the pressure The dam was being built
for irrigation purposes.
Charged with Breaking Traffic Rule
and I'sing Two X umbers
X X Thomas, the bunker, was arrested last
nlKht and taken to the West 47th .streer station,
charged with violating the traffic regulatlona
and also with having conflicting numbers on his
Mr. Tl". ■!:.' i s .<. a -< on hia way to get his wife
r.Tid a party, who were at the Lyceum Theatre,
in Fort \ -tif 11 Btreet, near Broadway At 10
o'clock Mr Thomas, with hi? chauffeur, Charlea
Brethauer, started to turn out of Broadway and
Into 45th street Mr. Thomaa was driving the
i iir
Patrolman Wertheimer, of th« traffic, squad,
wa« on duty at the corner, and when bo saw
Mr. Thomas turn Into 4.".th street to go oast
toward the theatre, the policeman stopped the
car and told Mr Thomas there was "no thor
oughfare" for automobiles east through this
street or o.ist through 44th street, and that east
bound automobiles must take either 4:-M or 4«th
Mr. Thomas explained that bo wanted to roto t ■
the theatre, and then he was arrested nnd taken
to thr station houi
The number of Mr. Thomas's machine la No
13,360, N. Y.i and he had the number of his
cousin; '• H. Thomas. on the front of his onr.
The chauffeur gave ball for Mr. Thomas, de
claring tin- garage at his address. No. 42 East
j.i street; was his property. The ball was ac
cepted and Mr. Thomas wit* released.
.1. Asplnwall Hodge, the lawyer, was arrested
some weeks ago under exactly similar circum
stances Jit Ht; jureet and Broadway.
Heavy Van Kills Little Girl Before Mother's
After knocking down and running over a little
girl, killing her almost Instantly, '■••" djriTer >»f a
ran whipped up nil horses at lUt'- .stnet and
First avenue hue yesterday afternoon and man
aged to get away, although he was chased for
several blocks. The little girl. Augusttna Berillo,
Hv>- years old, of No. SOB East lllth street. «j *--. 1
in her mother'a arms.
Augustina, with her mother and brother, had
been In Jefferson Park. As they were about to
cross First avenue on their way home, the little
girl thought flint »«he could run across ahead of
an approaching van. but .she misjudged the speed
of the horses t^id was knocked under the wheels.
Her cries were plainly heard by the driver, who
turned hi- head about and, seegin his victim
lying on the street, whipped up his horses and
drove away. Several pedestrians, who had
heard the cries, ran after the van, but lost sight
of it before the police arrived.
Mr*. Rerillo picked her child up and carried
her to the sidewalk. Restoratives were applied
and an ambulance summoned from the Harlem
Hospital. When the physician arrived he found
the hysterical mother holding her dead child in
her arms. He took the little girl's body to the
Cast 104 th street station.
\() XE \V S T. I TEM EX T.
President Has No Plan to Reaffirm
Pledge Against Third Term.
[From The Tribune Rurea'.i.l
Washington. May 3.— if another statement
from Pre?ldent Roosevelt declaring his attitude
toward the third term movement is to be issued
from The White House in the near future, nei
ther the President himself nor Secretary Loeb
has any knowledge of it. jus; when the
rumor that he would issue such a statement
start.-,, would be hard to determine, but within
the last two or three days it has been circulated
over a wide are;:.
•The President has no lea whatever of Issu
ing such a statement." said a high official of
the administration. "What is the necessity of
doing so. anyway. if the President were to do
so every sixty days the result would be the
same. There would be some well meaning
gentlemen who would nod their heads wisely
and exclaim: "Ah. yes. th<! President said sixty
day? ago that he stood upon th» declaration be
made on the night of last election. Bui that
was sixty 'jays ago. What does he think now?
What does he say about It now? And if the
President doesn't Issue another declaration for
their special benefit, it will be proof positive to
thorn that he has changed his mind.' "
Frederick Lenrisohn's Chauffeur
Tried It but Was Held I' p.
Frederick Lewisohn, who lives at Sherry's,
Fifth avenue and 41th street and who la ;i
brother of Jesse and Oscar Lewlaohn, ran Into
a police snag In hia automobile last night with
two friends and hla chauffeur, Ralph Ducoe, but
they gave the bicycle police on Riverside Drive
h merry chase before their automobile was
stopped by a police sergeant who happened to
he in an automobile at the same lime
Bicycle Policeman Henry J. Trade, of the West
100 th street station, yaw the big automobile
sptnntng north on the Drive when at about
100 th street. Trade Followed and timed tho
ma- hlne from I'Ktth streel to 119 th street, and
he reported thai it made the ten blocks in TO
seconds. Trede whistled to the chauffeur to
stop, but the automobile kept, right on and under
Increased speed. Sorgeani Bonjamn Mallow, ol
the West 100 th street sta. ion. was in a pottca
automobile m 121 st street, and when he saw
what was up he wheeled around and violated all
automobile speed rule? by hustling up Broadway
to 135 th ?t r .:.t. where tie turned into the Drive
and headed off the bis a - and t!i-<
rhauffeur was arrested.
At the station house Lewisohn unrolled a
bunch of $100 bills. The unkind I •
the desk Instated on real estate ;,;iii ami thi n
hn gave the house at No. 14 East 57th
street as security, which he said he wa
ownet of and whkrb be also saJd
$2.V>.000, free of mortgage.
The patrolman or-, the bicycle said the !• »i
sohn a ■: tr. was :;-.•: ;-.• Vcir : u lea an hour
on the Drive and going al greater a
the occupants knew
Man Accused of Triple Murder
eache 8 MiddL . X. V.
fr;. "T»tc(rr«r' h to Th» '■ - Mi "
Mlddletowh. x. V . May .'l.— Charles H. Rogers,
who was arrested at Los Anajeles a month ago
charged with th« murder of Willis C. and Fred
R. Olney and Alice Ingerlek. near this city, on
October ♦>. Ul**.".U I **.". arrived in this city this morning
In charge of Chief of Police Mi Coai Sheriff
Decker and ITnder Sheriff Hock. For five days
while crossing the continent the officers applied
the third degree, and on Thursday, as the train
entered New York state, the prisoner broke
down and made a complete confession, the offi
cers say. H< told Chief McCoach. according to
the police, that he had planned the murder for
a month He had believed that the Olney
brothers bad a large sum of money hidden In
the house, but, after killing the two men ami
little girl and assaulting her mother, he bad
found only $1«. Rogers bad told of enticing the
two Olneys to tho woods on pretext that he was
a detective, and wanted help to capture a pris
oner, of shooting them down one after the other.
of returning and summoning Mrs. Insjerl to
the barn by a story thai one of the Olneys was
injure.;, crushing her skull after getting her
there, with an iron pipe, and hiding the body
under the hay. of going to th« house and sending
Alice Ingerlck down the cellar to close the
cellar door and also crushing her skull with the
pipe, With the .Slf> Rogers said that he bought
a ticket for Chicago and worked his way from
there to California. lie asserted that he bad no
accomplice In the crimes.
Prevent Laying of Central Tracks
in Erie County Ullages.
fi:v Telegraph t" The Trllvire. 1
Buffalo, May 3.— When darkness had fallen
over Cheektowaga am! Oardenville, ErleCounty
villages, last night, one hundred men began
laying New York Central tracks across certain
highway! in th» so municipalities.
Work proceeded rapidly until 11 o'clock, when
the alarm was given, and two hundred fanners,
armed with sticks and fen rails drew up In
battle array before the railroad men. Super
visors Loin and Wildly were In command.
Teams were brought up and drew rails and
roadbed Into the Reids, An engine was run
onto the newly laid rails and kept under con
stant motion bark and forth, but the farmers
were winning the day, and the locomotive was
hurried back to the main line to prevent being
Hhut off and left on one length of rails on th»
To prevent any further attempt to lay the
track the farmers built tl-vs and camped <-n the
roads nil night This morning an Injui
waa pianted restraining the company from
going on with the work.
Speakers Say They Are a Hindrance to Aca
demic Work.
Ithaca, N. V.. May -The absolute segrega
tion of the women students nt Cornell from th'»
men was suggest •! nt the Arts dinner in the
Dutch Kitchen to-night, arid the suggestion was
received with hearty enthusiasm. Professor i:.
W. Olmstead, of the French department, advo
cated the establishment of ■ separata depart
rant ef Instruction for the women, so they
might not come In contact with the men, and
urged that they be graduated at a different
time and nave a separate class day. separate
class officers and separate publications. He was
Vigorously cheered.
Following the speakers, Including A. W. Du
bois. president of the Men's Association; Isaac
I. anile, senior class orator, and Louis Fuertes.
■'.•7, Indorsed these views and said the presence
Of women was a hindrance to academic work
and caused disruption to class Dollcies.
"ItJ purity ' has made it famous."— Advt.
1 Defends Utilities Bill Against
Attack of Attorney.
Klmira. N. V. May Governor Hughes ami
party had a strenuous afternoon and evening in
Elmira. The programme included four recep
tions, a dinner, an automobile ride anil a bis
meeting at the Lyceum Theatre, at which the
Governor was tho principal speaker. About
three thousand people were packed in the th*
atre, and Governor Hughes received a hearty
welcome. Among tho speakers who preceded
Uk Governor was John B. Stanehfield. who
made an attack on the public utilities bill. Tha
Governor's speech was a vigorous rejoinder to
Stanchfleld, an>l created the greatest enthusi
asm of the evening. The Governor literally
flayed the Elmira attorney and his argument,
and the audience enjoyed the scene Immensely.
After pointing out many allsajed defects in the
public utilities bill. Mr. Stanehfield took occa
sion to say that he was not present with a re»
talner in his pocket. He spoke simply as an
individual. The Governor, after preliminary
words of introduction, said:
Now i dM not come here to-night to Join la
a debate. (Appla i It is entirely true that
I proposed to say some things In regard to xhm
very measure of which my friend Mr. Stanch-
Reid has spoken (applause), and I shall not say
any less, but perhaps something more. In dis
tinction from my learned friend, I am here*
under a retainer. (Applause.) I am here, re
tained by the people of the state of New York.
to se< that justice is done, and with no disposi
tion to injure any investment, with every de
sire to give the fullest opportunity to enter
prise and with every purpose to nhieM and pro
tect every just property interest. I stand isf
the people of the state of New York against
extort! against favoritism, against financial
scandal and against everything that goes to
corrupt our politics by interference with that
freedom of our legislatures and administrations.
(Applause. > I stand for bones* government and
effective regulation by the stats of public ser
vice corporations.
Now. I am fully conscious, as in every sbm
who professes to have a modicum of intelli
gence, of th^ tremendous advantages which th»
country and every community In it has derived^
from the extension of our railroad; facilities.
They are the arteries of commerce; our com
muni would be lifeless: our trade would
collapse: we would all be worse than dead were
It not for these opportunities of communication
and those facilities of transportation. Wo honor
all that has be^n done in a Just effort to makn
these possible. We want more: we want ex
tensions; we want greater facilities. We want
every opportunity afforded to enable the peopl»
to remove their produce, ami we want fair
treatment to those who ara engaged In this very
necessary activity.
Yet, it la said that despite the prosperity r>C
the country and th.- great benefits that have
been derived from the extension of our transpor
tation facilities, there is a state of unreat: rha:
there is a general condition of discontent
throughout the country. Why? la It because oj
extension of means of communication? Will
any ono suggest to an intelligent audience than
American i-itiz^ns are in revolt against their
own prosperity? What they revolt against 13
dishonest finance, i Applause.)
What they are in rebellion agatnsr is favorit
ism which gives a change to one man to BMM
hi* goods and not to another, which srives on*
man one s*t of terms and another set to his
rival. which makes t>n« man rich by giving him
arenas to tho seaboard and drives another man
into bankruptcy or into combination with hi*
more successful competitors. It is a, revolt
against all the Influence* • hid) have grown >>>it
of an unlicensed freedom and of a. failure to
recognise thai these great privilegos. as neces
sary for public wolfarc. have heen created '^v
the* public for the public benefit and not pri
marily for private advantage.
There has been a determined effort through
the state to make ir appear th.-v tha chamber*
of commerce in Now York and tho business men
composing those chamber" of rommeret axe op
posed to nn effective scheme of stare regulation
and opposed to the specific measure now ponding
In the Legislature having that object in lew.
The Governor said he did not believe the reso
lution? adopted voiced the sentiment of Ins fcajst*
ness men. In urgini? th«> centring of respon
sibility in •' ■• ••■■•-. with lbs power of ap
pointment and removal, ho »ited the Kelsey;
case as on*> reason why tin* power should ba
gt\en. Continuing, he said:
Eighteen months ago the country was shocked
by the revelations madr In connection with ti-.e>
insurance Investigation. Those In whom the
greatest confidence had been reposed, men of the
highest standing in th»> community, were foundL
to have betrayed their trust, and hundreds of
thousands of • pollcyholdera through the stam
found that their interests had been disregarded.
Vast funds contributed by them, imposing: th»
most sacred obligation upon directors and ex
ecutlve officers, had been used f..r improper atul
corrupt purposes. Accounts had boon manipu
lated and improper methods of voticherlne re
sorted to in order to conceal extravagance ana
Yet all this was don in a business under scat*
control Ml the • transactions took place when
a department of the state professed to have
subjected the companies engaged therein to th»
most rigid examination. The state held then*
forth accredited t.> the world as models of h«n
est enterprises. .
What a farce It was! How every citizen oC
New York felt the stigma that had been placed.
upon hi? citizenship by sucn abuses of publlo.
confidence! The public indignation knew a j
bounds and thero was the most earnest mandl
for the reformation of the Insurance Department
under whose administration these, abuses ha ' i
been possible.
Yet seven or •'- I months after the en.iotmenc
of the laws which resulted from this investiga
tion, when I assumed office, I found the Insur
ance Department In substantially the same con
dition in which it was at the time 1 " the investi
gation. Those who had been grossly derelict in
their duty anil through whose neglect or con
n lvan< alone the abuses to which I have re
ferred had been made possible, were still re
tained In relations of trust and confidence and
w .-v r ,> resnrdod as suitable channels for the- in
formation In accordance with which the at at*
authority v. as to be exercised.
That whs the condition which no business
manager would have tolerated in any private
undertaking. It was a condition which 1 could
not tolerate. And after an ineffectual attempt
to have the mutter disposed of without a formal
and official proceeding. I recommended to the
Senate the removal of the present nuperintend
t-nt. After a long delay- it has finally been de
i Ided that the recommendation shall not be
complied with.
The people of the state knew and approved
the grounds of th; v recommendation. They still
know ami approve of them. They expected, and
had a right to expect, that I would endeavor to
have the Insurance Department put upon a basis
which would command the confidence of th^ pol
tcyholders of the state and of the United States.
There was no personal question Involved. Th«
transaction of tht> business of a great department
of a state should transcend all personal consid
And i; Is inimical to honest and proper admin
istration thai when such a condition exists there*
should be a tack of executive power to bring
administration methods up to th« standards de
manded by the people.
I believe that the time has come hen the peo
ple will hold their onVers more strictly to ac
count for the manner in which they perform their
duties and represent their constituencies, and
that along with this increased sense of responsi
bility there will be a willingness to repose in
their chosen representatives such power as will
enable them to discharge their public trust.
We have an important matter of reapportion
ment of this state. Let It be considered fairly.
Let the people of the state be divided into dis
tricts in accordance with the constitution. This
Important question of administering the depart
ments of the state and of representing the peo
ple of the stats is not to be made a matter of
political manoeuvring. .
In conection with all these matters I desire to
see Intelligent public opinion asserting itself.
bringing to naught the designs or all who set

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