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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, March 18, 1908, Image 8

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Prison Association Committee Urges
Xetc Regulations.
Urging new regulations to reduce the number of
visitors, particularly lawyers, to the Tombs.
methods to relieve Its over-crowded condition and
the construction of a women's prison, the visiting"
committee, of the Prison Association of New York
has submitted a report of its inspection made on
February 13. The recommendations follow:
First— That the Prison Association formally
advises the proper authorities to relieve the pres
ent overcrowding of the Tombs, establishing a
prison for those awaiting trial in the Borough of
The Bronx to the proper end of each borough
uf the greater city having its own city prison.
Second — That the Prison Association urges the
early construction of the women's prison upon
modern lines, so that it may better accord with
the wholesome advancement of civilized penology.
Third — That the Prison Association urges upon
the. Commissioner of Correction the establish
ment of new regulations for the issuance of or
der* for the admission of visitors, so that a
careful and intelligent examination of applicants
may he made, to tie end that only such as have
a. legal and proper connection with a prisoner may
be allowed to see him.
Fourth— That the Prison Association asks the
Legislature oi th«r state to amend the Penal Code,
or tucli other statute as may be proper, so that
no lawyer can f-ee a prisoner in any penal Insti
tution of the state ip any city of more than a hun
dred thousand population without an order from
the committing magistrate. While this regulation
might, in seme •:.£!■*. result in magistrates having
favorites arnon^ members of the bar whose per
sonal interest* they desire to advance, any ten
dency in this direction would be checked by the
publicity attending it. while it would practically
Mai to Hie prisoner an opportunity to have a
competent legal adviser to care for his interests.
The committee says "hordes of 'shysters' hang
around like vultures to pounce upon their prey,"
and adds:
They employ runners to obtain cases for them;
they crowd themselves upon prisoners unsolicited;
they deceive and swindle the poor unfortunates, and
finally accomplish nothing for them because of
their reai * ignorance, their incapacity and their
wortfclessnoss. The written testimony of prisoners
and their relatives and friends who have desired
to aid them furnishes abundant proof of their ne
farious practices.
This evil must not be allowed to continue unre-
Ftrfct'-d. While the right of the prisoner to select
his :rs« ] for his proper defence must not be In
terfered with, the prisoner is entitled to better pro
tection of the Jaw against lawyers than he now re
ceives. Th. demoralizing effect or the present evil
is far reach and too often results in collusion
between lawyer and prison keeper for the accom
plishment of thrir wicked ends.
Th«" committee objects to the practice of keeping
two boys in a cell, but otherwise found the male
prisoners well cared for. The women's prison is
called •"antiquated, stuffy, dreary and extremely
EjiiscopnJ Rector Defends Cathol
icism Before Brother Clergymen.
I By Telegraph to The TTibur**. ]
Hi m ITaii«ai, March 17.— Protestantism was
attacked and Catholicism defended to-day
by the Rev. Frederick Burges*. of Christ Epis
■ : Chun h. In addressing an association of
j pal clergymen he asserted that It could
l?e \h\ m a^ an axiom that Protestantism had
t-X-er.T itself end wa* passing, that Its idols were
ru* of this ape and that its traditional theology
had bMB
"It can never be a basis for Christian unity."
he said, "for it is by nature individualistic and
begets disintegration. There are some Catholic
elements in Protestantism and its achieve
ments are many and evident. Its strong ethical
emphasis has been most valuable. But lacking
the Catholic balance and symmetry, it has pro
duced sometimes a narrow and Pharisaical Pu
ritanism or an admirable Paganism— a respect
able, non-religious self-sufficiency.
"We ant some kmd of Catholicism — some
thing which has that conception of universality
and fulness. It is better to have a large aim
and policy «nd fail to live up to it than to have
a low and limited ideal.
"Protestantism aimed at securing freedom and
rights for the individual. Having succeeded, its
•work is done. What is needed now is to secure
the rights of the community of the social or
2?o Name and No Clearance Papers —
of Two Englishmen.
Honolulu. March D <via San Francisco. March
17).— From the Gilbert Islands comes the report of
the. wreck of an, American built schooner yacht of
about 120 tor.s. The yacht had no name painted on
it and no clearance papers. The only persons seen
)ln connection with the yacht are two young men.
I who pave their names as J. Taylor and G. Jack
ton, both of England, one twenty-four years old.
the other nineteen. They say that they bought
the yacht in Valparaiso and were on their way to
Alleged Confession Tells of Killing of Book
Agent by Wheeling Young People.
Wheeeltag. W Va., March 17.— Charles Cook,
seventeen years old; Ma wife. Ula, twenty years
old, and Joseph White, twenty-one years old. all
of Wheeling, were arrested to-day in connection
with the death of Charles Bennett, twenty years
old, of New Kensington. Perm., whose body was
found hi the Ohio River, at Wegee, five miles south
of hero, on September 24, 1907.
According to an alleged confession. Mrs. Cook.
who was M:*"- I^ila Zar.f, a member of a well
known family, enticed Bennett who was a book
scent, on the night of September 3. 1907. to a
park, where he wap to be robbed. When the couple
reached a lonely spot on the Ohio River shore
Cock and Wliit*-. who had lx»en informed of the
proposed robery by the girl, set upon Bennett, and.
it is said. ki'.3«-d him. Then, it is alleged. Cook
and Miss Zane were married and took a trip on
JSS taken from Bennett.
sV.h- ■ Bennett's body was recovered from the
river a verdict of suicide was rendered, but the
poiice susjx'C'^d foul play. ,
Night and Day Bank Machine Chauffeur
Charged with Exceeding Speed Limit.
Wish 5200.000 on board, the iron-caged collecting
sutomoViilp of the Night and Day Bank, with John
Hifkf=on. th* assistant cashier, in charge and W.
£. Turner, tht* chauffeur, on the front seat, was
stopped at Broadway and 55th street on Monday
evening by Bicycle Patrolman Casey, of the Traf
fic Squad. Turner was placed under arr«-«t on a
charse of ♦ > xc«-<3injt the speed limit and was h»-Id
yrst<-rday hi $100 bail for trial by Magistrate Walsh
in the West Sid«=- Court.
Tb« patrclxnan told :h<» magistiatc that the auto
»cohii<- was s^ifig up •••.■.•.■:.; the rate of
tmenty-fire ru : l«»s 'in hour. Mr. Hid furnished
bat! for the chauffeur, and th<- rcr, ■•■ ,Th Us "'bun
<Jlc." procot-dfcd oTi its way.
For several minutes last evening there was a
scare in The Lambs, at No. 128 'West 4«h
street, when fire was discovered in the (lining room
us«<J by the employee. The latter, reinforced with
a. score of members who happened to be In adjoin
ing room*, extinguished the blaze before the foremen
arriv.<d. The damage, if any. amount«i to less
than 85.
Charlotte, N. "... March 1". — John McGrath. said
to be the only surviver of the massacre of General
Ouster's force in the battle of the Little Big Horn,
died at his home at Charlotte to-day, aged uev
en ,v-t; • years. Ma served through the Indian and
Civil wars, b*-ing in the army thirty years. He
was pension- a by a special act of Congress several
j'Ers ago.
I By T«l»-ST«ph to The Tribune. )
Trenton. N J. March 17.-The Crosby local op
tion biU was defeated in the lower house late this
afternoon by a vote of 44 to IS. -
Appears Before Senate Committee
Against Travis-Robinson Measure.
\ Py T> lefrarh to The Tribune. ]
Albany. March 17 -Declaring that the mandate
of the people of New York City was for publicly
constructed subways. ex-Senator Elsberg. father
of the Elsberg rapid transit law, appeared before
the Senate Cit'.es Committee this afternoon at the
request of Chairman White, and Senator Travt*.
and opposed the Travis-Robinson bill. Introduced
last right, which would permit the city to sell
franchise!" to private bidders, subject to the right
to repurchase the read within twenty-five years.
The bill was favored by J. Edward Swanstrom.
Allan Robinson, of the Allied Real Kstate Jnter
estF- Oliver Semple. of counsel to the Public Ser
vice Commission. Ist District, and ex-Senator
Brush, of Brooklyn all of whom agreed that the
present bill was probably the best means of fa
cilitating the construction of subways at private
Mr. Elsberg declared he could see nothing .n tne
bill which would encourage private capital ex
cept "the practically perpetual franchise pro
posed.' As to the city buying back the lines, he
maintained they would practically be the perpetual
property of those who built them. He contend
ed that the present law would permit construction
of subways by private capital, declaring that a lint
could be built at $1,000 public expense and any
quantity of private expense. Mr. Belmont did this
very thing in the construction of the Brooklyn
tunnel, and It could be dene in all future cases.
The practical difference in the ultimate end of
Urn two propositions. Mr. Elsberg said, was that
und*r the exiting law the city would own the
subway at the end of twenty years, and in the
proposed Instance the private company would own
it and the city would have to buy It back.
•The people should vote on the proposition be
fore it is changed. ' asserted Mr. Elsberg. "The
bill ia in contravention of the people. It provides
for perpetual franchises unless the city buys back
the road, and to all practical purposes this would
never be done."
A« to whether the present limit of twenty years
provided in the Elsberg law of 1906 was sufficient
to induce private capital to Invest. Mr. Elsberg
said that he was willing to have the Public Service
Commission decide that question. Under the pro
pr.sed scheme, he said, whoever built the road
would have to figure that In twenty-five years the
city might buy the road back, and they would
have to plan to get their profit in that time. This,
he «a!d wa* only five years longer than the term
under the existing law. and would have practically
n °He advocated the passage of the constitutional
amendment exempting subway bonds from the M
per cent debt limit, saying he preferred to wai
two yenrs rather than forsake the municipal
ownership mandate of the people.
Senate Finance Committee to Have Ac
countant Examine Dannemora's Books.
tnv TriMtraph to Trie Tribune.]
Vbanv M^rnn^rfTleglslatlve ,n
vetS- 5'5 ' Contro.er ȣ*. assertion that
Senator Emerson, of W.rrensburg. «—*»«■»
about $14,000. the Senate Finance Committee de
cid^d to-day to have an accountant examine the
books of Dannemora prison and report. This ac
tion came in the nature of a victory _^ live'
who suggested it. over Emerson, who hotly ad\o
cated the legislative investigation.
: This question was brought up when Glynn s
annual report declared there was a char f« against
Emerson on the books of Dannemora of $14,-59 b<>.
with no corresponding credit and nothing to snow
that suit ever had been brought to recover that
sum. Emerscn. who for several years was sales
agent for the orison male articles, is wealthy. He
presented resolutions for an investigation of the
affair, and to-day tried to get the Finance Com
mittee to report them.
"There never has been a time yet," said he. "that
I have been unable to meet $14,000. .Why. haven't
they sued me?" He said his attention had never
been called to It until Mr. Glynn took it up.
"Senator Emerson's attention has been called to
it," declared the Controller, "and a third person
heard it. and he will swear to it."
The argument continued hot and heavy. The
Controller urged the appointment of Marvyn Scud
der. accountant to the Armstrong committee, to
conduct the investigation.
Senator Emerson said that the state owed him
$18,516 82, and even if the $14,000 was taken from
this it would still owe him $4,000.
She Makes Final Appeal for the Life of
Her Son.
Albany. March 17.— Chester Gillette's mother saw
Governor Hughes (or almost an hour this morning
and went away apparently heartbroken, in the
be.lief that her pilgrimage had been in vain.
Asked if she cared to make any statement, she
replied: "Not at this critical time; It will do no
good. I am sorry, but I do not wish to say any
thing for publication."
The meeting between the Governor, who could
save her son from death if he believed it hi? duty,
and the mother in her last desperate effort to save
the young man took place in the executive cham
ber, but the door was kept locked and no outsider
heard the conversation. Governor Hughes at
once retired to his private office after the meeting
with Mrs. Gillette and could not be seen.
Robert H. Fuller, secretary to the Governor, said
that Mrs. Gillette had presented to the Governor
some apparently new facts, which the Governor
told Mrp. Gillette he would take under considera
tion, but would not give them Out at this time.
The Governor, to whem the ordeal was perhaps
the most trying within his experience, seemed
very gentle with the wretched mother and desirous
of sparing her pain. His face was white and
stern, but there were tears in hi? eyes as he bade
her goodby.
Women School Teachers Flood Legislators
with Telegrams and Letters.
I By Telegraph to Th« Tribune 1
Albany, March 17.— Forbidden to lobby personally
for their bill, the women school teachers who ad
vocate the "equal pay" proposition have taken to
long distance lobbying. A deluge of telegrams and
letters poured in on the members of the Assembly
Cities Committee to-day urging favorable action.
Warren Lee. of Brooklyn, an opponent, received
IST communications. Other Assemblymen and Sen
ators are shivering lest such a dispensation fall on
them. V ■* t { li I ■QHi
Quite the feature of this bombardment was a
paries of messages to Chairman Hammond of the
Cities Committee. Five received between 8:45 and
9 a. m. read:
•"The lop of the morning. ! say, make equal pay
Taere'a luck in odd numbers. Seven is better
than six."
• Do not driv» us to the ballot: help us now."
4 Thirteen thousand plend to seven. •
■ l.e;'.rn wisdom from a woman. Justice and
progress must prevail.**
They came fr<rn The Bronx, and were signed
Ali-e " >m fnMjman Cuvilller is warrant for the
■tatcuieirt 'hat the most prominent Alice in that
.section la :t fi-mu!- in the monk*}' cage who main
taine an .xtensive filing list. He averred that
the htindwrltinK rtspmbled hers.
Senators White and McCarren tried to pass the
bill in the Senate to-day, but it wae not printed.
To add to their discomfort Senator Fuller dis
closed two errors in It, so it hardly can be passed
there this wefk. If at all. It may not even be re
ported in the Assembly, and there is a distinct dis
inclination to pass it. since most legislators think
Governor Hughes would veto it.
■ The Queen of Swiss Resorts
For Illustrated Pamphlet apply to the Agency of the Swiss Federal R. R., 241 Fifth
Avenue, N. V., or to the General Enquiry Office, Lucerne, Switz'
Brunnrn CDlilll UfITCI BDIIHUCII Fireproof. Thoroughly Br.t elaaa. 250 room*.
,i..k.ofTu..*«>. GRAND HOTEL DnUHNtPI m,... Bat*.. »•!••... bie«« bet; .leciru u s m.
lfae*celied 1 reach cuUUe. Ant* Oarage. GoU (with la tea mlautoa).
Delay for Gambling Code 'Amend
ment in the Senate.
[By Telegraph to Th« Tribune. J
Albany. March 17. — Efforts by Senator Agnew to
call up the anti-racetrack gambling code amend
ment in the Senate that it might be restored to Us
original form were blocked by Senator Grady to
day. Now the prospect is that it cannot be reacht J
for discussion this week, since several important
bank bills are ahead of it on the calendar.
The anti-Hughes people are playing hard for de
lay In the upper house. There is no hope that the
bills can be harmed in the Assembly, so apparently
the plan Is to get the bills over from that House
and then loose all the opposition of the upper house
against them Friends of the anti-gambling propo
sition still fear that the racing people and their
gambler allies are by subterranean methods making
some fight which with this delay may endanger the
passage of the bills. There is much opposition here
to Governor Hughes's known intention to advocate
anew the direct primary nominations measure and
radical enlargement of the powers of the Public
Service Commission to include , telephone and tele
graph companies. Hughes men are discussing with
Interest reiterated reports that combinations of anti-
Hughes and pro-racing nun will be formed to de
feat the Governor on these propositions. Politicians
here are boasting that the Legislature never will
adopt the direct nominations bill if the Governor
calls extra cessions from now until December 31.
Senator Agnew to-day tried to have the general
orders calendar in which his code amendment rests
made a special order for to-morrow. Senator Grady
objected on a technical point, maintaining that one
day's notice of such proceedings in writing was nec
essary- While they were arguing the point, in
which finally Grady was sustained. Senator Raines
moved to adjourn, and adjournment was taken be
fore Agnew had a chance to give notice.
The Senate Judiciary Committee to-morrow will
give a hearing on the amendment to the Percy -
Gray law.
Senator Agnew to-night gave out a letter he re
ceived from the Federation of Church Clubs in the
City of New York, comprising twenty Kplscopal
parishes in New York City. In which the bills are
indorsed. Speaking of a number of meetings held on
the question, the letter says:
\t all these meetings there has been manifested
an overwhelming sentiment in support of the
measures popularly known as the Agnew -Hart
Inbehalf of the executive council of the Federa
tion of Church Clubs in the City of New "iork.
the undersigned, duly appointed to make known
to you the attitude of tho federation on the suh
iect of proposed anti-gambling legislation, re
roeetfoUy inform you that the executive council
has considered at length th^ recommendations
made by Governor Hughes, and has adopted reso
lutions " favoring the repeal of the Percy-Gray
Racing Association law and the enactment of
statutes In harmony with the constitutional pro
visions against gambling.
It Would Grant Central Perpetual Franchise
Rights in Bronx Streets.
[By Telegraph to The Tribune. J
Albany. March 17.— Opposition to the Owens-
Cuviliier bill, authorizing the Board of Estimate
of New York City to grant to the New York Cen
tral Railroad perpetual franchise rights to cer
tain streets in The Bronx, was expressed to-day
at a hearing before the Assembly Cities Commit
tee, on behalf of the Civic league of The Bronx,
the Association of Bronx Brokers, the United Civic
Associations of Manhattan and The Bronx, the
West Side Taxpayers' Association, the Eleventh
Avenue Track Removal Association and the Citi
zens Union. Where thesf organizations were not
personally represented letters and resolutions were
read by Assemblymen Silbermann and Sheridan.
The bill was opposed on the ground that no more
perpetual grants should be made. W. P. Rudd.
representing the Central, said that the improve
ments contemplated in The Bronx would nnt be
made unless the grants were perpetual.
It was pointed out that the Ontral wanted to
build an underground loop below the 149 th street
station, connecting the Spuyten Duyvil and Har
lem divisions. The Bronx AmuilllllljlllHi declared
that the building of thia loop would aaean that
the Central would dump their local patrons at
149 th street and let them get downtown as best
they could.
Governor Hughes So Announces at Albany —
He May Speak Out Soon.
Albany, March 17. — Governor Hughes paid to-day
that ex-Judge Andrews, who was designated yes
terday as commissioner to take testimony and re
port his findings on the charges fll^d against Dis
trict Attorney Jerome, would hold the sessions in
New York. Eight days' notice in which to pre
pare their case will be given both sides by ex-
Judge Andrews.
Governor Hughes was asked If he wou!d insist
on the Legislature acting on his message recom
mendation to extend the jurisdiction of the Public
Service commissions to telegraph and telephone
companies, and for direct primary nominating elec
tions. The Governor, although he declined to speak
for quotation, left the impression that he would
have something to say publicly on these two sub
jects within a few days.
Smoke Drives Every One Out of Borough
Hall Station — One Fireman Overcome.
A Might fire in ;he East River part of tho sub
way, which sent volumes cf smoke into the Bor
ough Hall station in Brooklyn early yrsterda>
morning, brought indignant protests from Brooklyn
business men. who declared that the reports of
the fire were so loudly exaggerated that consider
able traflV was diverted from tlip tube to the
Bridge. The smoke overcame Frank Ferguson, a
fireman, so badly that he was taken to the hospi
tal, but no passengers were hurt, and a train which
was stalled under the river wlipn xhf power gave
out got safely to Brooklyn after the fire had b«-en
The first intimation that a fire had .broken out
in- the tube was a cloud of smoke which was swept
into the Brooklyn terminal by an express train. In
the wake of the cars the wind current carried an
increased volume at smoke, and soon the station
was so dense that ticket choppers and agents were
driven from their posts.
After a still alarm had been sent in the firemen
ordered the current cut off and a ran. of the third
rail guard board was torn away. The fire was
caused by one of the emergency switches causing
a short circuit.
[By Tetagraali to The Tribune.
South Bend, Ind., March 17.— The will of James
Oliver, the veteran plough manufacturer, was ad
mitted to probate here this afternoon. The bulk of
the estate is left to his children and their issue,
and will eventually be distributed among the grand
children when the youngest has reached the age of
thirty years. The. estate is to be administered by
a trust fund in charge of Joseph D. Oliver, who is
rained as executor.
BCafe Dcs 4%
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Booklets, Pamphlets, Guide Books, and all infi rmatJon free on application I
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