New-York tribune. [volume], June 30, 1908, Page 3, Image 3

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REFUSES TO MOVE THAW
DOULIXG DEXIES PLEA.
Justice Mills Orders Him "Returned
to Jail, Iloxcci-er.
Justice I)o»lins. of the Supreme Court, who
presided at the second triaT'ot Harry K. Thaw, de
nied vesterdav Thaw's application tn be removed
from the Asylum for the Criminal Insane at Mat
teawan to smn> other Institution, on the Kround that
Thaw was a danperously insane person, not to be
jiunlshed, but to Im» kept under restraint, that he
■micht net Injure either himself or any one else.
The court held »lso tfiat the state authorities had
the passer to direct T!:»»'s removal if It should
t>e deemed proper.
lr. another phase of Thaw's ficht for freedom
Justice Mills heard argument at White Plains yes
jrrd*iy artrrnoon. after issuing a writ of habeas
corpus on Saturday, en Thaw's application for a
•m:t> trial to determine his sanity at the present
time.
On this application Justice Mills adjourned the
case until July 13. -when further argument will be
heard, order-In* Thnw to be returned to the Poujrh-
Vecpsie jail In the mean time Thus Thaw avoids.
for two -weeks at least, a return to the asylum at
ilatteawan. oT -which he is in so much dread.
Tr.Mkc Justice Dowlinp. Justice Mills, a member
<<1 the bench at the Ninth Department of the Su
r-reine Court. se<-med yesterd«y distinctly to favor
Tbasr. and White's slayer and his counsel felt last
iiifrht that they had better cause to look for his
ultimate freedom than at any time since his ac
qulttaL Justice Mills said after the argrument: "I
believe it should be only a matter of time when
this rr.sn should have a jury trial. 1 am not pre
pared ta say whether it should be n w or later."
In denying Thaw's application Justice Dowllng
said :
Thaw, Mm had taken tho life of another under
rmttaaoes evincing cunninp. delil^ration and
cowardice, «-as acquitted of responsibility for his
«-• oti the pround of his insanltv at the time of
jtv commission.
The exj>ert Tvi-n-esso* called on his behalf and
testifying, on ■ ha«is of a life history. l*>einninK
■nitli prenatal conditions and extending down to
I period aXler the killinp. joined In declaring him
Insane, and the sole form of insanity testified to
pv any witness was maniac depressive insanitv
•wherein the patient, in his maniacal moods, is
],kely m commit assault <>r murder, and in "his
depressed moods is apt to commit suicide
_B©tn of these perloda have been observed in
a haws case, according to the testimony on bis
trial Tnpse atttacks are recurrent, but at per
ioos whlch can only be determined b^- close ob
servation. Tlie sole objections to his present
rlace of commitment appear to ho thai lie has
rV £ 8l priv, ecres allowed him. and that the
authorities of the liflliUllll aeesa him insane.
The •■er lasal fiphtinp that has always marked
any proceedings in thls . ase Jn v hi. h District
Attorney Jerome has appeared personally was not
•nantinc at White Plains yesterday, and Mr. Jerome
had sfveral tilts with Franklin Bartlftt. chief
crur.sel lor Thaw. Mr. fMBUH. made the point
That Thaw, as a aangerous lunatic and a victim
of psiancia. should not be left In the comparative
insecurity of a county jail, and Colonel Bartlett
rejoined that Rum could not be clubbed out <:
:h* jurisdiction of the court.
Colonel Bartlett suppested that Justice Mills
might BBd ready, in view of his arpuments as to
•• :-. -"nptituti^naiity of the laws under which
Thaw was committed to Matteawan by Justice
Dowlin?. to order his discharpe. but contented hlm
relf by appeallnp for a trial of Thaw's mental
condition by a sheriffs jury. He said he felt that
Thaw should have this as a matter of absolute
rcht. but he was -willing t<-> ask it at the discre
tion of the court.
Colonel Bartlett made his arpument only after
determined opposition by Mr. Jerome, who -wanted
a ten days" adjournment, saylntr he had had no
Übbc tf> prepare an answer to the writ of Saturday.
He said also that the writ had been sworn out
toa soon after the decision sf similar questions by
Justice. Morschauser and in th« pendency of the
application to Justice Dowline. the issue of which
■wa* not then kntWn to counsel on either side.
Justice Mills allowed Colon*-! Bartlett to pre
sent his argument -when h» learned tliat Thaw's
counsel -was to sail for Europe this morninp. but
expressed his reluctance to sit again upon ques
tions so recently passed upon by another justice
of the same department. •
Cclonel "sxtlett argued that the commitment of
Thaw was il!ega! in that it wa« for ar. indeSnite
•term, in that the constitutional prohibition of de
rrivir.p a BBBfl of liberty without due process of
law snas violated by Justice Dowlinp's commitment,
made under s«;tion 454 of the Criminal Code, and
in that, under the same section. Thaw was com
mitted with no provision for his release except a
provision in the insanity law allowinp him to be
discharped in the discretion of the superintendent
of the asylum wh«>re he was confined.
Justice Mills sustaino-d Mr. Jerome's argument
that these points -were disposed of by Justice
schasjaer, slthouph Colonel Bartlett had said
).«■ would take th -m to the United States Supreme
< "ourt if necessary, and said he -would decide only
the application for a Jury trial, intimating that he
favored Bach a trial.
There -was some discussion as to where Thaw
should \<c- held durinp the period of adjournment.
Justice M.: s favored committing him to the Wost
chester County jail, in White Plains, but District
mey Winslow said there was no proper ac
commodation, and Pouphkeepsie ni decided upon.
Thaw Illiltnl v.«-ll wh«n he arrived here in Cfaarp!
.' Under Sheriff Townsend, of Dutchcss, and had
••njoyed the trip down tbe river. He was taken
hack to i,k. <■;>:- this afternoon, where he will
be within reach of his counsel. Charles Mor
umcr. whu will be In charge in Colonel Bart
lett's ar.-fr.rf-.
On his return to the Paogbfeßepsae jail last night
Thaw was not permitted to occupy Sheriff Chan
> r | Mil, which bad beesi pal in order in antici
pation of the return from Borope of the Sh«»rin*.
who is a brother of Lieutenant Governor Chanler.
Tbe jailer put up a b'-d for Thaw in the corridor
of the juvenile department cf the jail, in which he
will be locked only at nipht. havinp the run of
the -.uter hall during the daytime, where there is
always a beeper on gvard.' and using the jailer's
©fSce* to receive bis counsel and other visitors. He
•will continue to receive his meals from the hotel.
Ibni said he was well satisfied with the ar
rangement.
HOLDb EXPRESS COMPANY LIABLE.
Must Make Good Loss in Excess of SSO.
Appellate Division Rules.
An important decision has just been handed
down by the snpillatr Division in the suit brougßt
by Charle* N Hartal & Co.. of No. 315 ranal
-'r. '■ Hill Tipple ■ Plitt. attorneys, of
No. 150 Nassau street, against the Adams Ex
presj Company, involving the right of the carrier
to • its liability Cor a lost " r damaced «hlp
ment to $30 by a i r'':at!on to that eff. ,-t In a
eblpping receipt.
Martin & C<> sue* th- a.4aaas h:xi.re<=;. Oosapany
lithe Municipal Court for $13v. being the value of
a bal« oc >:lk shipped by the Adams Express
Company to WiUmiantic, Osobj which the uwbh
...mpany j|ed to deliver.
Tipple & piitt contended that The express
r,, m i,aay was liable ror the run value of tn*
} hi..in*nt. on tin- Ground that the stipulation con
tained In tbe expr«M rccrtpt limiting the lial.ili y
or the carrier to £,0 « aS void, in that it was 1m
ratircatlon of tbe Inteifitate Cmm nrmi- Act as
a ir.~n<l«3. which went into '■"- : " August. WO6.
Tbe L»i vision suytaii^d the oontentioti.
In Everybody's
flouth—
TJ /\«4" /Formerly called^
J^ yOl Elijah's Mannr.y
Toasties
rhi most delicious of ail
Corn Flakes.
•♦The Ta.sto Lingers.
l*acka£»» two «:re*. !• *n<* la ?£*!"
y.u ■■• by
Itmtiua • •('«! • ■•<■ i-">- Limited.
Uattie Cr***i. Mich.
HART WILL UP SOON
Woman Who Said She Was His
■Wife Lived in This City.
Considerable excitement is looked for in the Sur
rogates' Court on July 30, when tlie will of Benja
min Hart, who di»*<l in Paris in May. conies up for
probate." Lawyers from Paris and London are ex
pected to be in court. -V» *.-A
Mr. Hart made a fortune durlnp the Civil War ns
a clothing pedler or packman in the rural districts:
later he Invested in X.->w York realty to good ad
vantage. Other speculations in New York and Ylr-
Klntn proved equally profitable, and p.bout thirty
years ago he moved to Paris, where he built a
home at No. 29 Hue Galilee. There he had a big
establishment and entertained lavishly both In
Parij»and at a castle he built in the country.
Twenty-five years ago Hart and his wife, having
no children, adopted an Italian child named Isobi'l
I>ucche*i. Subsequently Hart brought the girl to
New York to adopt her, formally in America, as he
had done In France. He made her his heiress.
Still later the girl was married to Jean Giilllemin,
a Frenchman. Two years after adopting the child
in Paris Hart and his wife separated. After the
Reparation Hart established Mine. de Ble as his
mistress. The presence of the woman in the town
house offended Mme. Gulllemin. One result was
that Hart disinherited Mme Gulllemin and left his
millions to Mme. de IBle. This fact was not known
until the last will of Mr. Hart was opened after
his death. Mme. ciuillemin contested the will, al
leging undue influence on the pnrt of Mme. de Ble.
L,nst February a woman rented a furnished room
from Mrs. Gllbertson at No. 21 Perry street, in old
Greenwich Village, Manhattan. She gave the. name
of Wright, paid a month's rent In advance and
moved In. She received few visitors, and these only
women. Mrs. Wright was somewhat afflicted wltn
rnumatlsm anl rarely went out, except. to a restau
rant. One day she took one of the roomers into her
confidence and to'.d an astonishing story. She Mid
she was the wife of Benjamin Hart and showed
photographs of Hart, of their hotel in Paris and of
little Isobel Lucchesi. ,
She said she was an English Jewess; that her
maiden name was Kate Stayne. and that she was
born in a village of that name near London. Mrs.
Wright also said that she was married to Hart In
l«ondon twenty-seven yi-ars ago and that they had
not lived together more than three years. They
d.tided to separate. Mrs. Hart agreed to leave
France upon the stipulation that she receive regu
larly a fixed monthly sum for her support. It is
Bald that she received this sum for twenty-four
>.;ts and up to May 2. Then the newspapers of
New York published the account of Hart's death,
and this was followed by a communication from
t'.ie lawyers stating that witn Hart's death would
cease the monthly allowance.
A few days later she left Perry street, after bid
ding goodby to her fellow lodger and to Mrs. Gil
bertSQfl and the latter's sister. To none of them
would she confide her plans. She said that she
wanted to avoid publicity, and that if any one
celled and asked for her they were to be informed
thai she was on a visit to Buffalo on business.
MR. LEAHY EXOXERATED.
Governor Dismisses Charges Against
Superintendent of Elections.
IHy Telegraph to The Tribune.)
Albany, June 29.— Governor Hughes dismissed to
day the charses brought by Max Ihmsen and
others, on behalf of the Independence League,
against William l^ary. State Superintendent of
the Metropolitan Elections District, on which his
remo\al fr- m office was asked. The report of <x-
Justice Edward S. Clinch, appointed to take testi
mony on the charges, declared that the evidence
did not sustain them in any instance.
This decision of the Governor was no especial
surprise here. The charges were presented last
January, based on alleged misdeeds which took
place during the previous election, when Ihmsen
■was a candidate for SherifT in New York County.
One was that Mr. I.<oary's lawyer and a deputy
wrote letters to Foley on department stationery.
The Governor has had the report of his commis
sioner tor a considerable time, and it was gener
ally understood from his delay in reaching a de
■cision that there was nothing in it detrimental to
Mr. Leary more immediate attention would
have been given to it.
Superintendent Leary was here this noon when
Robert EL Fuller, secretary to the Governor, an
nounced the dismissal of the charges. He received
the earnest congratulations of his numerous friends
in the various departments and around th* capital.
In his order dismissing the charges against Su
perintendent Leary the Governor recites the pre
sentment of the charges, the appointment of the
Commissioner, the receipt of his report on the evi
dence, and then says:
"Now. after consideration of the said charges.
the evidence pertinent thereto, and the said report,
the said charges are hereby dismissed."
« "ommissioner Clinch, in his report, said there
had been no evidence to show that Superintendent
1> ary from January 1. 1907, to the first day of reg
istration last October, had employed one hundred
deputies, and thus wasted $70,000, as charged. The
superintendent had $13u,<*W to spend for deputies,
and the Commissioner found that he spent 835.J65.
but the additional expenditure was Justified. The
charge that he did not cover the tenement and
lodging house districts properly during registration
was dismissed, on the ground that he had availa
ble for all purposes only 279 deputies, and used
these to the best advantage.
Regarding the charge that trie lodging house,
v.ile ■was not properly supervised, the Commissioner
says:
Whether the examinations were as numerous as
was possible with the available force to the super
intendent, or irhether the lodging houses which
we., not examined could have been examined
within the time allowed by law. does not clearly
appear from the evidence, but it is very manifest
that a more thorough examination of lodging
houses and of the sailors' hotels and boarding
bouses was needed.
On the question of permitting the wholesale ar
-.«=t of voters by deputies. Commissioner Clinch
says :
Jt is admitted by the Superintendent that he gave
an ord«-r that no arrests should be made by deputies
for vio'atMii of the election Uw without lirst re
ceiving his approval. There is no evfdeaee that the
order has resulted in the escape oC any guilty
per»on or in any failure of ju.-Uce. Whether the
deputies should be vested with the power to arrest
lor violations of the election law whenever in their
ludement an arrest should be made is a question
whic can be answered best by the t«,t of experl
enefand In- the consideration whether the abllit\
afmich m<-n who seek and receive appointment as
diifuti"* makes it safe to Intrust them with the
of so important a question. 1 am
not en" Wed from the evidence submitted to an
*werth. question to my own satistactlon. No evi
dence w.4<>nvml that the work of any deputy
w a nu 1 Hed by the order in B uestioa.
Superintendent Leary had not reached home
from Albanv last night. Mis fritnds at the Kepub-
Ue*a Club and elsewhere were glad to hear that
the charges against him had b.-en dismissed.
-That course Is only what w° all expected, said
b >,« of them. "T:.«-se charges were evidently the
re-, it of political spleen and vindlcttvc-n,-ss."
music TF.ACHERS^TO MEET to-day.
The twentieth annual cenventlor and music fes
tival of the New Vork State Musi. Teachers' Asso
ciation will be held at the Cdles* of the City of
nvvv York to-day, to-morrow and Tharsday Music
ttacben from all OV«r the Mate will attend.^
IntereatliK programme has been arrang.d by Lhose^
„ *arse Hnd special transportation rates have
l"e,, made to New rot* from all part* of the
a:e.
ELDER TO FIGHT B. R. T. SMOKE.
After receiving uun^ro mplainU that the
I'ro'oklvn Rapid Transit hail . taken no steps to
','»■',.". he smoke and cinder nuisance i lu Kent
aveoue po^er house. Acting District Attorney
I,l' apply to .- justice of the Supreme court
. s'cu-e an order vacating the May obtained by
* Brooklyn lUpld Trun*H pending the appeal
"'„....,. Ka»-.«tf« decision adjudging in. eon.;
j'/ny guilt* if maintaining a nulwtiut-.
SENATOR PLATT TESTIFIES
Senator rhomas •"■ P«a« as Reeled Into the
<Hi..inJl Court* Building jreeterday and before ;; t he
A iury to testify in the investigation which
Embody « making into the r "' rK ' " f P rJUry
'•', nst Mae c Wood. who was arrested at the
bSSJf **<& <'»i""-. l an during h.r suit afkln-t
the icnal r for Jlworce.
NEW- YORK DAILY TRIBUNE. TIESDAY. .TINE 30. 1908.
TO TRY SIDE DOOR CARS
p. s. c. r<> issue ohm: it.
luterborougk Doesn't Want to Make
SuhtCfj?/ Experi went.
Without much question, the Public Service Com
mission wIU onlor the Interborough Rapid Trnnslt
Company to equip Its cars with side door en
tranees. Abundant Indication that this course
would be followed was Riven yesterday by Com
missioner Eustis at a hearing held on the proposed
order issued to the ■ Interborough about a month
ago, based on the recent repr.rt of Blon .1. Arnold..
Remodelling the cars now In use. It is estimated,
would cost about $1,500,000. The probability Jb that
ony order 'lssued by the commission will be for a
trial of the scheme on some fifty cars; then, if
the trial proves successful, the order will be ex
tended to all cars. Mr. Arnold's plan contem
plated four doors, two for entrance and two for
exit, arranged at the ends of the cars in a man
ner similar to the doors of the "pay-as-you-enter"
cars funning in Madison avenue. It would be im
practicable to have doors in the centre of the sub
way cars, because of the curved platforms and
the danger arising from wide gaps between the
platforms and centre of the cars. \.V
Frank Hedley, general manager for the- Inter
borough, testified at yesterday's hearing that side
door cars of this type would not aid In reducing
existing traffic congestion. He believed It would
not be feasible to teach the travelling public to use
the separate entrances and exits made necessary
by the plan. Alfred A. Gardner, of counsel for
Ihe company, enlarged on the difficulties which
would be experienced If the scheme were tried.
He said the passengers would have to be guided
by railings* to the proper entrances, and it would
be extremely difficult to have the trains stopped
at the right places along the platform. He esti
mated that the extra doors would cause a 15 per
cent reduction in seating capacity, but Mr. Arnold's
leport had answered that objection by figuring
that this loss would more than be made up in
the additional speed obtainable through facility in
loading and unloading at stations. Mr. Gardner
said that any experimenting with this new type
of cnr would be Ineffective and probably danger
ous.
"But what are you doing to provide for the In
crease of traffic?" asked Commissioner Eustis.
"There are no new subways or elevated lines* be
ing built; your own figures show an increase of 20
per cent each year in the number of passengers
being carried; there will be an increase of 50 per
cent over the present number in two or three
years. What are you doing to provide for it?"
Mr. Gardner replied that the subway now was
not running at its greatest capacity during rusit
hours, but that otherwise the company was doins;
everything possible to furnish the best service.
Commissioner Kuctis indicated hi« belief that cars
of the type suggested by Mr. Arnold would be a
great improvement, and suggested that twenty o
thirty cars be remodelled and tried out. Mr. Garo"
n<r replied that nothing could be learned from that
kind of an experiment
Mr. Arnold estimated that it would cost $2.f»!0
each to remodel steel car? and about $1,500 each
for the composite car*. There are 350 steel rars
nn<l 580 of the other type, maklnß a total cost of
$1.4.7>.000. The Interboroußh's engineers say these
figures are too low. Mr. Hedley testified in May
that it would cost J1.500.000 to transform the cnrs
now In service.
In the course of th<= hearing it was brought to
light that an engineer named Putnam, of Xo. 100
Broadway, had served notice on the company that
he would claim the protection of the patent laws
for the style of car recommended by Arnold. Com
missioner Bassett wanted details. Mr. Gardner
said that the company only recently had received
notice of the application for a patent.
The commission held its, regular m.-eting yester
day, instead of to-day, because Commissioner Ba*
sott will sail for Europe to-day. He will inspect
city railways there, among others the suspended
railroad at Klberfeld.
By resolution the commission decided to return
the' certified checks deposited by the third lowest
bidders on the Fourth avenue subway. Checks
deposited by those whose bids were larger have
Iready been returned, and those deposited by the
lowest and second lowest bidders will be returned
If the bidders give bonds. The Board of Kstima'e
has not acted on the bids, and the commission took
this action because there may be considerable de
lay which might put the bidders to considerable in
convenience.
A complaint that the Interborough company was
causing a nuisance by the use of eoft coal, which
produced undue .smoke at Its powerhouse, was dis
missed The commission decided, on investiga
tion that the -moke nuisance was minimized as
much as possible. A hearing on a proposed In
crease of service on the "Brighton Beach line of thu
Brooklyn Rapid Transit was set for July 10.
Various reports as to alleged excessive cost of
the commission drew a sharp denial from Chair
man Wlllcox yesterday, in which he Bhowed in de
tail that the commission actually had cost less th.in
the Rapid Transit Commission in its last year,
though this body is charged with far greater duties
and broader work. He said:
We liave comparative figures for the first six
months of each year, and they show that from
Januarv to Julv. 1907, the Rapid Transit Commls
sio" 15enV»460:73« 55. while from January to July,
1<1O» the PubUc Service Commission spent 54b2.
9MBI. Apparently the Public Service Commission
cost $-16926 more than the Rapid Transit om
mission for a similar period, but this excess is
ore than counterbalanced by the additional ex-
P^nsVs "which this commission haR» incurred In
prosecuting the work of the State Board of lUll
roadcommisstoners. the State Commission of ,as
and Electricity and the State Inspector of < .as
M Reasy the total for the vear. J563.372 98. is prop
erlv not all chargeable to this commission, for it
fn • udts about 112.000 which this commission paid
during the first months of its existence for tlu>
compensation of the former Board of Rapid Tran
«lt oommisrfonem. Hence the actual cost of the
Pi..hllc Service Commission for the rtrst year of its
existence is only about $i>. r i3,000.
MANY PARK VANDALS PUNISHEL.
Of 128 Arrested in Booklyn 126 Are Fined
$10 Each.
Of the 128 persons arrested in Prospect Park.
Brooklyn, on Sunday, for destroying the plants,
throwing rubbish on the lawns, building flies and
playing ball. 126 were fined JlO each by Magistrate
Steers in the Flatbusn police court yesterday
morning. Fifty were able to pay, but the rest had
to be taken to Raymond street jail to serve out
time at the rate of a day lor each *1. Of the
number arrested only seventeen were from Brook
lyn. From the Kast BiuV of Manhattan HM came.
Five came from Jersey City and two from Phila
delphia. Three were naturalize*! Americans hi..l
ih<i». were 109 Russians.
There have been 224 arrests in the last three
weeks, and most of those arrested have been fined.
.Magistrate Steers is working with Inspector Miles
O'Reilky and Park Commissioner Kennedy in check-
Ing the destruction of the park. He said yester
day that be had been in communication with a
Jewish rabbi, named Veldt nnd had learned that a
movement was "n foot in Manhattan to obtain the
co-operation of ihe Yiddish newspapers In educat
ing the East Siders to act orderly in the park
ARGUMENT OF STAND VENDERS.
Counsel Says City Has No Right to Privi
leges in Many Streets.
\I B Feeney, counsel for the Newsdealers' As
sociation, in opposing at a public hearing in the
Cllv Hall yesterday afternoon a proposed ordinance
preventing the owners Of various kinds of vender
stands on public property from Belling them,
struck a new line of argument. He declared that
in Ihe development of the city streets were laid
out through private property, and that the city
had no right to regulate stand privileges in many
of the thoroughfares because the city did not own
them. He cited Park Place, between Broadway
and Church street. a« an example.
There was a big crowd at the hearing, most of
('.ifm lU'.'.nn*. Alderman Dowllng. who Introduced
the proposed or.linHnce. said that Its purpose was
to pru-ut a ...union species of swindling, where
,n,n sold something they really did not own for
from J» to Jl.omv
The aldf-rmanlo Committee «n legislation will
report the ordinance tavorably at te-day*« moetins
of the board
TARS "CHAW" NEW PLUG
./ BH.IM) FOR EACH DAY
Smoking Squad of Seventy Sailors
Puffing Atcay.
Over at the Brooklyn navy yard there are;sev
enty blissful sailors, machinists and stokers. They
c;ire not for the stars that shine— in enamelled tlu
on advertised brands of "chewing and smoking"
tobacco. In 'act. their duty just at present is to
act as a committee of the whole United States
navy and decide which of thirty different brands
is the ideal plug for the man behind th»> gun. the
monkey wrench and the shovel, it is no light
some task and no grand jury was ever more sol
emn and conscientious than these seventy grlzzle.i
old men who "chaw" and smoke with full knowl
edge that the comfort of Uncle Sam's sen fighters
hangs on their wagging jaws and puffing lips.
On board the receiving ship Hancock a Tribune
reporter yesterday found "Paddy" Coyle and "Tom"
Watson. able seamen of twenty-five years*
standing, sitting beside "Jack" Hughes, master at
arms. just abaft the starboard hatch or some
where near there. Before them was one of these
simple classic affairs of papier mache which the
navy provides in the interest of spotless decks.
About them, but at a respectful distance, stood a
£rotip of young chaps, rookies, so to speak, who
have Just entered the service and are bein? broken
to bit and halter on the Hancock. The youths
looked as if cigarettes were more to their liking,
and evidently old "Paddy" Coyle had this in mind
when he finally let off an exhaust he was in the
smoking class, and said: "When we picks out the
right sort of terbaccer it'll make sailors cr dead
men out of these kids. By the time they eat a
half pound of the kind we're going to take they'
won't be able to be seasick." ;
"Yes," said "Tom" Watson, gnawing off a .44-calibre
slug from his slab, "yes. this is a mighty serious
matter and it ain't to be taken in a frivolous an"
Jokin" way. Why. I remember back in lS9u some
of these medical sharps picked out what they said
was a chemically pure terbaccer. Maybe it was.
but it was so blamed full of molasses that it
tasted like candy and you couldn't light it in a
pipe any more than yo': could a wet .able on a
windy night. I was out on the China station and
sooner than use that terbaccer pie we used to
chaw an' smoke the Chinese stuff till the ship
smelled like a laundry."
"There's nothln' like a good piece of terbaccer."
observed "Paddy" at this stage of the game. "I
was on the Petrel, the smallest ship in Admiral
Dewey's fleet at Manila, an' I remember how good
that thaw I had tasted. Course I had to swallow
the juice, 'caus-' you ain't allowed to spit on the
deck even in tlrre of battle."
Old "Tom" Watson recollected about this time that
he was on the Raleigh in Manila Harbor, but he
growled slowly, because he said the tobacco he got
that day was salty. "Jack" Hughes, as befitted a
master at arms, suid nothing at all. for he was
chewing a quid of "Stock K" with the meditative
aspect of a shorthorn strer.
In various nooks and corners of the big yard and
on boru-d the dispatch boats and the submarines
Viper and <"uttleflsh there were similar tests going
on. They will last for a month probably, and those
connoisseurs who have been chosen are looked upon
as the luckiest men in the service. To a seasoned
tar the prospect of thirty days— each day meaning
another brand of black, stinging tobacco— is pretty
near like getting a wish from a fairy godmother.
Then there will be the happiness of tilling out a
blank with a vote as to which of the Uttered
brands is the best ani why and wherefore.
Ph> Inspector Jewett. who is distributing the
samples, said that each man would file his vote
with his commanding officer. Then the officers will
get together and compart- notes. The three brands
most in favor will then be tested chemically, and
that one of the three which is pure will be chosen.
The contract to be awarded will call for one hun
dred thousand pounds, Which will l>e retailed to the
sailors of the navy all over the world at about
40 cents a pound, and will he a sufficient supply for
six months.
WILLIAM F. WALKER LOSES FIGHT.
Absconding Treasurer Will Now Be Extra
dited from Mexico.
William F. Walker, the absconding treasurer of
the Savings Bank of New Britain. »*onn. who dis
appeared on February 10. 1907. a defaulter to the
extent of more than $500,000, according to the best
estimate, lias lost his last legal battle in Mexico,
where he has been bitterly opposing extradition
since the Plnkertons found him. and will begtn his
journey to stand trial in '"onnecticut within five
days.
The Supreme Court of Mexico has finally decided
against Walker, and this information was con
veyed t" Governor Woodruff of Connecticut yes
terday in a telegram from Acting Secretary Ariee.
cf the State Department. According to this tele
gram, the Mexican authorities at Ensanda have
been ordered to band Walker over to the United
States authorities. *
Part of the money Walker is alleged to bave
stolen belonged to the Baptist Convention of Con
necticut, and bad been deposited through his influ
ence. He had lost great sums In a bond swindle
and a wire tapping scheme, and apparently fl'-<l
when he saw that lie had r..> chance to Ret even.
The chase for Walker betsan after his ,iis:ip
pearance, when he sent a telegram from New York
to New Britain, saying that he had been killed In
a trolley accident. He was finally arrested in
Lower California on December H, 1907.
HONDURAS SURRENDERS BAILEYS.
Officials of Export Shipping Company To Be
Brought Here for Trial.
Puerto Corte^, Honduras, June 23. — President Da-
Vila has ordered that Francis <». Bailey. his
brother. Albert W. Bailey. Charles H. H. Myers
and Captain Albert Oxley shall be turned over t<>
the custody of Ueutenant Peter W. Beery, <>f the
New Vork Police Department.
The prisoners will be confined in the American
consulate here until the arrival of a steamer to
take them to the Inited States. The President of
Honduras lias ordered that the GoldsborO, together
with her cargo, shall be delivered to Albert CJ.
Greeley, the former American Vice-Consul here,
who, however, declines t<« accept any individual re
sponsibility In the matter.
Washington, June 29.— Bailey and his associates.
It Is said, are wanted on the charge of conspiring
t.« use the malls of the United States t.. defraud.
Their surrender ;•> the American authorities Is
purely an acl <>i comity ">m the part of the Hon
du:.m goi-ernment, there being no extradition
treaty between the two countries.
Francis 6. Bailej and his brother were, re
spectively, presl lent and secretary of tti^ Export
Shipping Companj "f New Jersey; .Myers was the
HKent of the General Supply Company, and Oxley
was the mastei of the steamer GoWsboro. The
Goidsboro left New Vmk on May L' having <>u
board propertv of the Export Shipping Companj
valued :n J-'o'.'J"" 1 - which. It is nlleged. Bailey ilie
gally obtained. Th« carjeo was "istharged ai
Puerto Cortea and the name of the Gohlsboro
changetl t" Atlantlda. Sutseiiuently, at the re
<:" the American authorities, the men were
arrested and the vessel was seised by tienduran
officials.
KILLED BY A HIGH DIVE.
James Gibbons, .. laborer, dived thirn feel Into
two feet of water yesterday and broke his Deck.
He was killed Instantly. Gibbons had i n prac
tlßlns a high <lhe from ti<> pumping shed of th«
LJon Brewery it KsJth street and the North Kiver.
Twice he made the leap successfully, but the
third time miscalculated and landed in shallow
water.
FINDS DIAMOND PIN IN MATTRESS.
Detective Welsh, Of the West 37th street
station, arrested Molly Durant. a chamber;
maid "f the Hotel Pierrepout, No. U West 3:'d
atreet, last night on a charge "f Rrand lar
ceny. According to his statement, »lie admit
ted that «he had taken h diamond broocli beloag
inK to Miss Mabel Murtha, an actress and a Rruest
of tlu) hotel, and had hidden It In a mattress la
the actress's room. l'li<- detective says he found
the broocli In the mattws*
California
/ I ls-^-J and Return
For first-class tickets sold daily to September
30th, from Chicago. Return limit October 31st.
Corresponding rates from other points; choice oi
routes going one way and returning another.
No spot in the world is more attractive than
California for"a summer outing, more beneficial
for those in search of health, or more inviting to
the investor and homeseeker.
j 1 I [lA^S^Afl^WrlsEF
High Grade Law Printing
Briefs, Corporation and all other Legal
documents printed accurately and with dis
patch at prices below those of most other
offices — for particulars apply to
The Nation Press
Sbc fdening Post US uilDing.
«y Ktfc tu «u rm 20 Vesey Street, New York
Tc .83 Cortlandt T «"- 83 Cort'andt
AMMY AND NAVY SEWS.
[From The Tribune Bureau.
Washington. Jan"- 29.
ORDERS ISSUED.-The following orders have
been issued:
Caotain ALEXANDER T. OVERSHINE. Ttß Infantry.
P Vrom L-htka£ruga Park, «o r- in,ent.
. .ipprn \v HI«>RNSTAL>. 2£th Infantry, to
CaP F.^t SbSSaS thenc" to Army School of the Lm«
Fort Iyavenworth. August l.>-
Followtnn .m,.r, ,„ earner^^^^ ?^i
f fntr a v VITIN-.JE i.'th Cavatry: GRAHAM. IStk Jn
tantr - H..\vVl.U «H Infantry: MERRII.U 7th n
fanrv RIIEA. 7t:, Cavalry; Van DL\.Ni-. 4th In
fantry.' ana tayi.ou. 3d Cavalry.
{•-.•llon-lnr ofM'-ers to camp of lnstrurtlon. Chl.kamauga
Fark^ Captains MOOftK 2oth Infantry: MURFHT.
l»th Infantrv SMITH. 15th Infantry: .-RAIN 27th
InfantrV: BVGGE. SBth Infantry: ARNOLD. istCar-
I-VRKER l^th l-avalry: SEXTON. Mh Cavalry;
111-RT SHh Infantry, an.l CHITTV. 4th Cavalry.
First Lieutenant SAMVEL G. TALU./TT. 2MS Infantry,
to reglmont.
Fnllowlns otTi.»r« Iftall*>l ranee officers, national match.
Camp IVrry. August 1^: Captains BAKER and
itooKMILLEK. i'th Infantry: BATRE, Sth Cavalry;
SMITH 4th Infantry: HARRISON. 7th Cavalry:
IAMERSON -2!«h Infantr> ; SMITH 2<>th Infantry:
M-.-I.iNT!»-K 13tB Cavalry, an.l ESKRIDGE. 11th
infantry First Uaatenaßta WHITE and CARTER.
I6th Infantry: WINTERS an.l HALL. I.lth Cavalry;
\W*I ''th Infantry: WILLIAMS, engineers: SMITH.
i»th Infantry ani CAMPBELL coast artillery; •■C
ond Lle.n.-n-»nts MERCHANT. 13th Cavalry', an.i
DICKMAN*. llth Cavalry.
First Llllltfsntn EDWARD O. HI'BER and .IOHN ?.
LAMBIE. Jr.. medical corps, to Company C. ho»
ptta] corps.
First Lieutenant FRANK R llßTtt, 13th Infantry, to
Army Sisnal School. Fort Lenvenworth. August 15.
First Lieutenant . CI.ARENCE S NETTI^ES. 2T.th In
fantry, is retired.
Second Lieutenant APNA R. CHAFFEE, Jr. I.'.th cav
alry, to his niahnmt.
Contract Surgeon CHARLES A CATTERMOLE. home,
for annulment of rontrart.
I,en\«-!. of absence: C»ptahM JAMES M WILLIAMS
coast artillery, anl WILFORD J. HAWKINS, ord
nance department, one month: HENRY S HATMA
WAY sicnal corps one mootn t^n days: THEOi>ORK
LAMSON. medical corps, and ARI*HIBAU) V."
lil'TT. quartermasrer. and ?e<-on<i Lieutenant ER
NEST H 3MALLET. loth Infantry, two months;
Colonel GEORGE F. T HARRISON, ,-oast artillery,
an.i Major FRANKLIN O. JOHNSON. 2.1 Cavalry,
'Hi months: First IJeutenant CLARENCE S
NETTLE, -."»th iii:':intry. four m> nths.
NAVT
Commander F. C. BOWERS, from the Hartford; to»bu
reau of it'am erj;lnepri!i)?.
Lieutenant Comnian.!. r H. A I'.ISI'HaM. detailed in
spector in charge -tth L!?hthou;«? DMrk-t, Philadel
phia. • i
Passed AB«i«tant Surgern fl. F FFtEEMAN. detachel
navy yard. Boston; to the Montana.
Passed A»!<i.«tant Surgeon I. H. I'AY.NE. li.. detached
recruiting at Cleveland; to r.avy yard, i:o«tnn.
A^si^ant Surgeon E. C. WHITE, to rtcrulUsg at i>v»
land.
passed Assistant Paymaster J. F. KI'TZ. to office general
storekeeper, navy yard. Mare Island.
Major II L ROOSEVELT, Captains E A. <:rf.i;nk ar..l
\V. L. REDLES, comml» In marine corps.
MOVEMENTS OF WARSHIPS.— The following
movements of vessels have been ret...rte,i to ibe
Navy Department:
ARRIA'ED
l\ire at> Tb« Powhntnn. at r,av jrard, N>-\v fork: rhe
l>oli>hln. at Xewpert: Um Wfseosstß, at -Mare Island.
June JT Th«> Chlckasan aril ih> K«e, at X#wpcrt; iba
nirinlnKliarii. at Boston; Ibe I.laho. at Colon; the
.iillf..! at San Francisco. . ...
Jiin»* 2*— The .Wt.raska. the Kentucky an.! the Taaktoa.
at >':«n Framlscc
S \II.KI'
Jur.e 27- Th* Idaho, from r..;</n fan fiuanlanamo; the
'\, Hainpshiir, from »V>lon for NVw To . the y,, .
the I»avl». thf K»wan an-1 lh« UoMstxirnußh. from
w. i u for Kur«-kn. «'al .: U>« North Carottna. fro:n
Guantanamo tot .Cape l-ioofcont; ibe Marietta, tntm
. ■uraoiu f.,r Gnastanain*.
BIG NAVAL TUG LAUNCHED.
Portsmouth, N. H.. June 23.— The United Srafes
I naval tug Patapseo was launched from the navy
i yard her- to-day, Mr> R. W. Ryden. wife of As
; aistant Naval Constructor Rydea, acting as the
i craft's sponsor. The Patapsco is lw) feet long, t.eing
: one of the largest ocean going Ings afloat, and cost
gUO.MB. She was built ti> accompany American
! naval squadrons to any part of the world.
NEW MILITIA COUNCIL NAMED.
' Albany, June •».— Adjutant Genera! N>i.«..ri H.
j Henry announce. l to-day that Governor Hughes
' had named as the new National Guard Militia
j Council, provided f©l by the new military law. the
I following:
i Major General Charles F. Hoe. commanding ,|i
' visicti. National Guard, New. York. ex-0ff1.i... Cap
min Jacob \V. Miller, commanding Naval Militia.
New York. ex-otn.lo. Brigadier General .Nelson H
Henry. Adjutant General State of New York. Al
! bany. ex-officlo; Brigadier tleneral James H. Lloyd.
commanding Third Brigade. Troy. Colonel George
c. Ko.\. commanding 71th Regiment, Buffalo; Majot
Frederick A. Wells, -Jd Infantry, Brookl>n; Major
William Verbsck, M Infantry. gyraeose; Stajoi
i Charles I. i>e Bevoiae, cvmman«ling Squadron C.
Thrpr trains daily, from Chiraijo. •. i *h«
Chicaao, Union Pacific & North- Western Line
to San Francisco, Los Angrlrs and Portland.
The electric-lighted Overland Limited, the elec
tric-lighted Los Angeles Limited, and theChina &
Japan Fast Mail— luxurious in every particular.
R. V. JOHNSON.
Clllll I' Agent. C. <t N, W. Ry..
451 Brcidwav, New York.
Brooklyn, and Captain John F. ORyaa. com
manding Ist Battetry. New York.
Colonel George C. Fox ar..l Major Charles V D«
Bevoise an detailed to serve for one year; General
Lloyd an.l Major Wells, two years; Major Verbeck
and Captain O'Ryan. three years.
The new council is directed to convene IsS its
first session at the Adjutant General's office. Al
bany, on July 27 at ! p. m. Tt is to recommend to
the Governor from time la time action relating to
the military law. re«u!atior ; - organization, equip
ment, duty and discipline ><i militia, and t.> report
on matters referred to it by the Governor or by
the [..--gislat'ire.
UIIODVS BROTHERS HELD.
Central Life Securities Organizers
Charged zcith Fraud.
Chicago, June 2!».— Birch F. Rhodus. Edward
F. Rhodus and Thomas Rhodus. organizers of
the Central Life Securities 'nipany and half
a dozen subsidiary concerns, were arrested to
night, charged with using the mails in a scheme
to defraud. The complaint upon which the
warrants for their arrest were issued was mad?
by William M. Ketcham. a L'nite ! States post
office inspector. He charges the Rhodus brothers
with a violation of Section 5,-tSO of the United-
States statutes and ■111 111 that the letter used
ia the alleged scheme t.> defraud was received
by O. M. Holliday. of Melrose Park. 111.
The defendants were at once arraigned on
the . harges. the hearing of which was postponed
until July '.». A Joint bond of $15,000 was then
filed and they wer. released. None of the Rhodus
brothers would discuss the arrests.
United States District Attorney Sims s*ld
that developments before the grand Jury to-day
were responsible for the arrests. Mr Sims re
fused to say what the developments were, but
said that the investigation of the Central Life
uviti' s Company and its auxiliaries would
probably be prolonged for several days. Twenty
five or more witnesses have alfeady been heard
In the rait. but others are to be summoned and
ir \\.ill be several day? before the inquisitorial
body is ready lo report.
MINTYRES FILE SCHEDULES
Thomas A.. Jr.. Says His Liabilities Exceed
Assets by $3,000.
The individual schedules of John G. Mcintyr*
and Thomas A. Intyre. Jr.. of the bankrupt
brokerage firm of T. A Mclntyre & C-. . weVe
filed \esterday by their counsel. Patton A Patton
As to Thomas A. Mclntyre. Ir.. the schedule
shows that the young broker has or.iy $2 cash oa
hand and that amon* the debts he owes is one tti
"73 cents for- Jewelry" to Tiffany St Co. Mclntyre's
liabilities are tlveu as Jl^.h.'-' ■ and his assets as
J25.53T. The latter, bSSMsS the C in cash, consist
of i.'is. notes aad securities. £>.V>>: sMsaßtaal
goods. $U»>; carriages. $T.«': debts due on open
accounts. $2.:>5. and deposits in banks of J3.040 1>.
He owes Mrs. Anna Knox Melntyre. of No 544
West End ait— ■■ RJM -n four notes.
The individual HaMMacs ss John G. Mctntyre, a
brother of Thonvis A. Mclntvr- i«r.. amount to
CLCSSft and his assets to W3JSM It .Joes not appear
that he has any cash, and his household goods in
valued at IM His assets are made up of these
items: cash, bills and securities. $:<».. carriages.
$•>■!*> debts due SSI open accounts. JS.K* 23; de-
Boslta In banks. IHSIII an.l property claimed t.»
H*' excepteil $1««» John C Mclntvre owes K«er»
Iclntyre. his >.<t'-.er. IUM
FOUR-YEAR-OLD ACCUSED OF HOMICIDE.
Edward t>'l>onnell. four years old. <-f No. ■
w» 121th street, had an aav«ft*sjra yesterday not
•is .i. lily given to children of hi- years. Detecttv?
Me' ullouKti. of the Harlem bureau, arrested him
on a charge of homicide, tool* liim t«> the Children"s
coort and arraigned him before Magi.-irate Olm
sted The corwncr. to whom he was sent, hetd tt*»
Ud on a charge of homicide, pending an tncjuest.
and vi;»r.d.«l him in the custody of his father. Uer
nard J. <>l>oni'eii The O'Lvmnelt boy ire<l a
[,u>mu-. Albert Decker, in t quarr<fL Peritonitis
*st in, and the l>*cKer boy &''
3