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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, September 09, 1908, Image 3

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JACKSON LOSES AGAIN
DAVIS THROWS OIT SUIT.
Xcrc York City Railway Evidence
Weak, Justice Rules.
Failing to find in the evidence proof that the
Vcw York City Railway Company had been in
a continuous state of insolvency for the year
nreredipg September 29. 1907, Justice Davis
yesterday dismissed the petition of Attorney
General Jackson to have the company dissolved
and its franchises annulled. The receivers, who
were appointed on that date by Justice Seabury
on the motion of the Attorney General— J.
Ham!* 3 " 1 Dougherty. Paul "Fuller and Melvin G.
Palliser— And whose appointment Mr." Jackson
sought to have confirmed, were discharged by
justice Davis.
The putt was brought under Section 1,783 of
th( . Code of Civil Procedure, which permits the
bringing of a suit to dissolve a corporation cre
ated by the state and to forfeit its corporate
rights, privileges and franchises, where the cor
poration has remained insolvent for at least
OTe year, "i where it has neglected or refused
for at least one- year to pay and discharge its
notes or other evidences of debt.
In bringing the suit Attorney General Jackson
contended that, though the Now York City Rail
,ht Company did not confess its insolvency
intll the receivers were appointed by the Fed-
M*l Court on September 24 last, this condition
oould not have arisen during the year preced
ing but must have existed as early as June 30.
mm He further asserted that the report of
that" date by the company to the State Board
of Railway Commissioners showed that it was
financially unable to meet its obligations, and
that its liabilities exceeded its assets. .
justice Davis, after pointing out that it rests
unonth* Attorney General to prove the continu
£• state of Insolvency for the year preceding
cumber 24. 1907. rules against the Attorney
G^aeral on practically every one of the argu
ments brought forward by him to prove the
company insolvency.
For instance, as to the criticism of the sub
sc -iption of the Metropolitan Securities Com
nanv to ' he New York city Railway Company,
iieted ac an tee* of $rt.370.000 in the report, as
a«airrt a liability of $7,533,500. Justice Davis
ho id« that th« contractual obligation of the
*ecuritie« company to purchase debenture notes
of the face value of $3,91 3.U00 at 70 is not prop
<>rlv SB asset- Moreover, as these notes were
nrver t i— r <l and as the remainder of the asset
item consisted of capital stock, which is not a
liability. Justice Davis rules that the entire item
of ST.".: ;:;."* be stricken from the liability side
oflthe report. The amount of |2£34.605f1K,
which the company reported was due from com
panies in the system. Justice Davis says was
properly estimated as an asset, consisting, as it
did. of valid debts. It had a substantial value,
he saye. hut on the evidence it would be im
practicable to say what the exact value was.
•Down to a time shortly before the appoint
ment of the receivers in the United States
Circuit Court." says Justice Davis, "the cvi- ■
dene? discloses no default of the defendant in
meeting its current obligations. On the con
trary, the rentals payable under the lease, the '
Mere** upon the funded debt of the Metropoli
lan system, bills Incurred in connection with the
operation of the system, bills for construction,
salaries and roll;-, were all paid promptly
* during this period. Upon all the evidence I
think the defendant is entitled to judgment, dis
iriFSing the complaint with cost* and vacating
the order appointing receivers."
Attorney General Jackson was plainly disap
pointed lsst night at the news that his applica
tion had been defeated, but did not care to com
ment on Justice Davis's opinion until he had an
opportunity to go over it carefully.
GAYSOR BOOM GROWS.
Can Have Nomination if He Wants
If. Report Says.
Justice William J. Gaynor. of the Supreme Court,
Brooklyn, is at the present time the leading can
didate for the Democratic nomination for Gov
ernor. The Ftate leaders are studying the vote
pitting qualification? of half a dozen eligibles, and
they seem to ]ike the judge. It is expected that
there win !>e a struggle to pet the Judge to say
whether he win accept a nomination, just as in
former years, but it seems now as if he could
have the honor if he wanted it. Lieutenant Gov
ernor Chanler is not entirely off the slate, but
his name is below that of the Judge. Another
possibility i s Edward M Shepard.
It was teamed yesterday that ex-Judge Parker
will be the temporary chairman of the convention.
which will Beet in Rochester on Tuesday, Septem
ber 15. He may also be the permanent chairman.
At Tammany Hall yesterday it was said that the
governorship question would not be settled until
Sunday night or Monday morning at Rochester.
Arrangements are nearly complete for running
the Miiiiiliji Omiimis stone crusher oVer Senator
P. H. HeCarren. Tammany men paid yesterday
that even if MeCarren did win at the primaries.
hlf drl^gates would not be seated. The MeCarren
delegates were thrown out of the eprlng state
convention, and IfoCexren. by appealing to the
Dourta. hat> beaten his enemies at every turn.
National Chairman Mack, before leaving town
fer Chicago, tried to harmonise the McCanren and
&ati-McC*rren interests. 'State Chairman Conners
said: •'Why. certainly— anything for harmony:"
but he and Mr. Murphy went ahead with their
prepa i atlons for turning down the Senator and his
men. ,
At Tammany Hall yesterday the friends of ex-
Judjpe CUarles N. Bulger, of Oswego. talked about
him tor Attorney General on the Democratic state
ticket. He was first Deputy Attorney General
under John Cunneen. who was elected in 1902,
when Governor Odell won by a slender margin.
THE REV. DR. HILL ON POLITICS.
■)'.■ Telegraph to The Tribune.]
Augusta. Me.. Sept. I— Th* Rev. Dr. John W.
Hill, pastor of the Metropolitan Temple. New
York City, this evening addressed an audience
*'h!ch filled the opera house to overflowing on the
l.'RUf-s of the campaign. Many of the representa
tive Republicans of Maine were on the ptage. and
«i« nw<n:ng was presided over by Edwin C. Bur
l-ich the Congressman from this district.
I>r. Hill declared In his opening remarks that
polities and religion belong together, and that re
ligion separated from politics i*> asceticism, and
politics removed from religion becomes godless and
(orrii'.t.
I>r. Hill has spoken for a week in the State of
Maine, and his aeeekea have been received with
Unusual enthusiasm. Hiss address here this evening
*■»« punctuated with constant applause.
Restaurants
and Hotels
win distinction and favor by the
P excellence of the products they
serve. Those who study to please
invariably provide
EVANS' ALE
for the enjoyment of their guests
and the good name of the house.
SOW IS IHI TIME TO ORDER.
>>'. Y. CITY DEPOT— 3--.TH ST. AND 12TH AYE.
\Vbole*alr Onl»-
RUSTIN SUICIDE PACT
Woman Says Her Xene Failed—
Bank Clerk's Strange Tale.
!Bv Te>Rraph t.. Th<- Tribune]
Omaha. Sept. S.— At the Coroner's inquest into
Ihe death of Dr. Frederick T. Rustin to-day
p^\c-t:il mbhhUmm developed in quirk succession.
Mrs. Abbie B. Rice, Dr. Rustins mistress.
testified that she had entered into a compact
with the doctor some time before his deatii to
shoot him in the abdomen and then shoot her
self. Ho wished to (]ißßi:i?=o the act so as to pro
tect his life insurance for the benefit of his
family.
She attempted to execute her part of the com
pact, she declared, th^ doctor having bought a
revolver and she having bought cartridges for
that purpose, but on several occasions when she
attempted to do it her nerve frilled h^r. Finally,
she said. Dr. Rustin told her that he had en
paged a man named Charles Davis to shoot
him, and Hhe would not be called upon to do so.
She said she supposed when she left Dr. Rustin
a few hours before he was found fatally
wounded that Davis was to kill him that nisht,
and that when she read of the shooting: in the
papers the next morning she supposed Davis
had shot him.
Davis, who is a clerk in the First. National
Rank and a brother of Fred H. Davis, vice
president of that institution, denied upon the
witness stand that he had shot Rustin or be<*n
requested tc shoot him. He admitted, however,
that on Tuesday nißht, only a few hours before
Dr. Rustin was shot, the doctor had Riven him
in his office drugs v th which to commit suicide
himself. He took large doses of one of the
drugs, morphine, he said, and then went out
two blocks beyond Dr. Rustin'f- house and lay
down in some weeds to die. When he awoke,
he aaid. he was deathly sick, and took a dose of
the other drug, chloride of gold, which caused
him to vomit. After the nausea he felt much
relieved, he said, and went back to his apart
ments downtown. He passed Dr. Rustin"s house
•n his way back, he said, but he denied abso
lutely that he saw Rustin or shot him.
Mrs. Rice said that after several unsuccessful
attempts on her part to muster sufficient cour
age to commit the double tragedy which she had
promised Rustin t<> commit she went with the
doctor on the night of August 28 to his home,
where she was to shoot him and then herself
in his barn. He stepped six paces away from
her and told her to shoot, but she lost her nerve
and ran away.
The night before Rustin's death, she said, she
walked with him nearly to his home, and when
they parted he told her he confidc-nMally ex
pected to be killed that night.
She believed that he had arranged to have
Davis shoot him, she said, and when eh<' read
of the tragedy the next morning she had no
doubt Davis had shot him.
Mrs. Rustin, describing their financial
troubles at the inquest to-day, said her hus
band had a note for $3,200 coming due at the
First National Bank on the day of the shooting.
She admitted he carried $75,000 life insurance
some time back, but that a considerable amount
had lapsed for non-payment of premiums.
DENIED BY PRESIDENT.
Refused to Interfere in Congres
sional Contest in Wisconsin.
Chippewa Fails. Wis.. Sept. B.— Judge John J.
Jenkins, Congressman from the 11th Wisconsin
l>ifitrict, received a letter to-day from William
I-oeb. jr.. secretary to President Roosevelt, in which
Secretary Loeb says that statements made in a
circular purported to have been issued by Judge
Smith, of Superior, on the eve of the recent Wis
consin primary election, are false. It is alleged
by Judge Jenkins's friends that the circular brought
about the defeat of Jenkins by Irvine L,. L»enroot
for the Republican Congressional nomination.
The letter, which is dated at Oyster Bay, Sep
tember 4. and signed .by Mr. Loeb, is as follows:
My Dear- Judge Jenkins: I am in receipt of your
letter of the I'd. with inclosure. The statements
which the circular says were made by the Presi
dent through his secretary are absolutely lalse.
Judge Smith called at the executive office and
asked to see the President. He was told by Acting
Secretory Forster that the President would not
see him* or any one else on a matter of a local
political nature and would not discuss it in any
way. Judge Smltn then wrot? a note to the Pres
ident asking him to state whether or not the claim
of Representative Jenkins that the President had
written him a letter urging his renomination was
true. Judtte Smith was again told that the Presi
dent refused to fay anything whatever about the
matter or discuss it, in any way.
.Mr Forster told Judge Smith that a groat mar£'
appeal!) to interfere with political protests were
sent to The President, but that the president has
invariably refused to take any part in any of them.
Mr. Forster never mane me statement that the
President had been "persistently importuned by
Mr. Jenkins and his friends to indorse Mr. Jenkins's
candidacy." .
There was no denial of any claims. There was
simply relusal to say anytning about the contest
in any way. .
1 inclose a copy of a telegraphic dispatch which
was *ent in answer to a dispatch concerning this
matter.
The telegraphic dispatch, sent to some person in
Superior, whose name is withheld, is dated Oyster
Bay. August 27. and signed by Secretary Forster.
It follows:
The President lias not interfered, and will not
interfere, in .mv such matter. The President wrote
Mr. Jenkins, as he Ins written various other Sena
tors and Congressmen who have been assailed, be
cause of voting for the currency bill and the bill
for establishing mail lines, saying he is glad to
say to any one that all the Congressmen who sup
ported these measures Judged those decrees as up
ho'dlng the administration and its policies.
BIG FIGHT OX IALLEY.
Business Men Opposed to His Nom
ination as Governor.
New Huv.n. Sept. B. — No Republican convention
held in the State Of Connecticut since that of the
fall of 1999. wiien the McLean-Warner fight for the
Governorship st.ook up the party, brought out so
much lull I CMt. so much real enthusiasm and so
much excitement as that which was called to or
dei to-niKht in the Hyperion Theatre by Chairman
Michael Kenealy of the state central committee,
who introduced as the temporary chairman United
sums Senator Krank B. Brandecee, of New Lon
d"M
An incident in the politlf-al struggle leading up to
the Fiate convention which will name a state ticket
to-morrow was the gathering at the Chamber of
Commerce this afternoon of manufacturers repre
senting, it is stated, fifty-three industries, having a
capital Of |s*,*4*.**t and an aggregate payroll of
|l».<inci.OO'i a year, to formulate a protest to be pre-
BROted to the convention axaln.it the nomination of
Cnosreaaman O«or«o :.. Uttey. <>r Waterbury, as
Governor. Oeomje s. Palmer, of New London, was
JllllMMl. and C. S Deforest, of New Haven, was
secretary.
It is understood that the- gathering voted to or
ganize a club to work to defeat Mr. I.illey if he is
nominated. The following resolutions were adopted:
Whereas. It Is feared that the Republican Slate
Convention may nominal*! George L. LJIMy as
the candidate for Oo\ernor: and
Whereas. The next Congress is to discuss the
tariff, and may *.i change it an to vitally affect
the business interest* of Connecticut; and
Whereas, Th« national House of Representa
tive* hii- so overwhelmingly repudiated Mr. I>ll
lev that his nomination for Governor would be a
direct affront to the dignity and Judgment or
thflt body; and ,
Whereas, The public record of Mr. I^illey •«
sufficient proof of his unfitness for the. office;
therefore be it.
Resolved. That we know that the civic con
sclence of thinking Republican citizens of the
Mate Is stirred by Mr. LUlpj's candidacy to a
depth Tiot realized by our party managers, fore
casting f«uch determined opposition as to com
pass his defeat at the polls.
Resolved That we solemnly protest against th«
nomination of Mr. Ullcy as inimical to the best
interest* of Connecticut and disastrous to the
supremacy of the Republican party In the state;
Resolved. That a committee of five be chosen
to present tbe«e resolutions to our party leaders
and to use all honorable means to prevent the
nomination of Mr. Lilley.
NEW-YORK DAILY TRIBUNE, WEDNESDAY, SEPTEMBER 0, I«ML
STANDARD LN KENTUCKY
Witness Tells of Methods of Com
pany in That Statt.
Kfforts were made yesterday by Frank B. Kel
lork, counsel for the government In the suit against
the Standard Oil Company, to show that its ways
were devious, finally getting the witness of the day,
C. T. Coilings. second vice-president of the Stand
ard Oil Company of Kentucky, to admit that he
was indicted for subornation of perjury in Illinois
In 1905, and in general attacking the Standard^
methods of business.
Moritz Rosenthal, the Standards counsel, had
Mr. Coilings In the morning as a witness ; Mr. Kel
logg in the afternoon. Mr. Rosenthal's defence In
the suit is that the price cuts were first made by
competitors in an effort to get business already
established by the Standard. Mr. Collins denied
that he had at any time supplied money to enable
Standard Oil employes to get information from rail
way men concerning competitors.
In Indianapolis. Mr. Coilings said, he found ttiat
although the city was growing the Standard's busi
ness was declining, due to pedlers charging ex
orbitant prices. The Standard at once organized
the Domestic Oil Company, cut the prices nnd got
the business. This was done in the interests of the
consumers, the witness 'said. Mr. Rosenthal called
Mr. Colllngs's attention to the government's testi
mony showing that oil in Montgomery, Ala., was
sold at 11 cents and in Birmingham at 14 cnts.
Mr. Coilings said that difference in freights and
other conditions made the higher price necessary.
Mr. Rosenthal had Mr. Coilings tell something
about the indictment found against him in Illinois.
Mr. Coilings said that he had never been tried on
the charge and that the indictment had been
quashed.
"As a matter of fact." said Mr. Rosenthal. "were
you in Illinois nt the time that the former employe
of the Standard Oil Company. Charles Kirseher,
claimed you bribed him to swear to things not
true?"
"Not for at least five years before that date," re
plied Mr. Collings.
Mr. Ros.nthal followed this with an excursion
into the Standard's oil distribution intricacies, and
in the testimony brought out was a declaration
that when roads were rough the product was hauled
in milk cans. This was only in the distribution to
cash customers.
After Mr. Kellogg drew from Mr. Coilings that
the Standard Oil Company of Kentucky was a
Felling company only, that its stock wae owned
by the New Jersey company, and that he "saw it
In the newspapers" that the New Jersey company
also owned the Indiana company, switching to the
indictment against the witness Mr. Kellogg asked:
"Did you surrender yourself for trial when you
were Indicted?"
"No; my attorneys told me to pay no attention
to It. and as I knew I whs innocent I didn't bother
much about it. I was told that the Governor bad
refused to extradite me," answered Mr. Collings.
He admitted that he had not been in Illinois since,
but said that was because he had no business
thfre.
The case of Hoit, who was Indicted in Tennessee
for having encased in n conspiracy in restraint
of trade, convicted and fined $3.00«>. next came up.
"Your company raid this line, ani sint was
brought against the Standard by the state and
ousted from Tennessee, was it not?"
"Ye*."
"And the findine was .confirmed by the Tennessee
Supreme Court?"
"I think bo."
An attempt to break up the Red "C" Company
In Pelzer. S. C. was mentioned in a letter which
Mr. KeilocK showed to the witness. He said he
KOt the letter, and that he did not reprimand the
agent because be understood the situation.
When Mr. Kellcßf? asked more questions regard
ing the methods of the company In Mr. Collings's
territory, the witness said that everything that
was done was to counteract the opposition's "bush
whacklnu" methods. He never ran competitors
out, be said, but they often ran themselves out.
The hearing will be continued to-day.
POLICY CASES READY.
Twenty-nine To Be Placed on
Grand Jury Calendar To-day.
With the empanelling of two grand Juries by
Judge Swarm in Part I of General Sessions yester
day, the report became general nt the Criminal
Courts Building and at Police Headquarters that
the campaign against policy playing In this cits
was about to come to a climax. It was announced
at the District Attorneys office that twenty-nine
policy cases would be put on the calendar to-day.
It is expected that scores of such cases will be.
brought up in General Sessions this month as ;i re
milt of the activity .>f Deputy Police Commissioner
Woods and of the Qoddard Anti-Policy Society, of
which ex-Judge Whitman is president.
one report was that there would !>•■ evidence
that sonif of the many -policy i antlers" who oper
ate In the tenement hou.se districts have been, up
to a few days ago. making their reports to the
mysterious "king of the policy game" almost with
in the shadow of (be criminal Courts Building:
Deputy Commissioner Woods, while admitting that
hi* men have l»-on keeping close on the heels ot
the ever shlftiiiK headquarters of the policy back
ers, slid yesterday that under the circumstances he
did not care to discuss what h<- had learned prior
to the presentation of his cases.
The foreman of the regular grati'l Jury empanelled
yesterday Is Meyer Stern, a merchant, of No. 31
White street, and the foremin of the additional
grand jury Is James Donald." a banker, of No. 9
Nassau street. Both juries will begin their duties
to-day. Judge Swarm to explaining the law to
them yesterday, said there was nothing of a public
character to which be needed t<> call their attention.
HONDURAS TO REINSTATE CONSULS.
Exequaturs To Be Temporarily Eevalidated
Pending Amicable Settlement.
Washington, Sept. S. — Tho American Minister to
Salvador, M. Percival Dodge, who went to Teguci
galpa. 'Honduras, to discuss the incident of the
revocation of the. exequaturs of Consul Llnnrd and
Vice-Consul Reynolds nt Ceiba. has telegraphed
thfe State Department that the matter has been
satisfactorily and amicably adjusted.
The Honduras government is to publish a decree
to-duy temporarily revalidating the exequatur*, of
th« American Consul and vice-consul in order to
afford opportunity for the two governments to
consider, in a friendly spirit of perfect equality,
the charges heretofore made against those officer*
of having intervened with '.he revolutionists on the
occasion of the recent attack on CeiUi. :-■ > : >
Profits
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G^MIIDAL FLOUR
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GOLD MEDAL
FLOUR
HANDCRAFT FURNITURE
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43 West 23 St.
AERONAUT SAILS TO-DAY.
Alan R. ll aide y Will Go to Berlin
for Balloon Race.
Alan R. Hawlej, acting president of the Aero
Club of America, will sail on the Adriatic to-day
to join James C. McCoy, who will be one of the
pilots to represent the United States In the great
International ballorn race from Berlin on October
11. Mr. llawley will be Mr ycCoy's'aid.
The Aero Club of America has a team of three
for this race, which ts the limit allowed by the In
ternational Aeronautic Federation. This team con
sists of James C. McCoy, Alan R. llawley and A.
Holland Forbes
"I will join a party in Europe," said Mr. Hawley
yesterday, "consisting of Brigadier General James
Allen, chief of the United States Army Signal
Corps; Cortlandt Field Bishop, president of the
Aero Club; Samuel Valentin" and James C. Mc-
Coy, and we will visit all the manufacturers and
inventors of aeroplanes abroad, with a view toward
1 getting new ideas. General Allen, by the way, told
me last week that he thought highly of an idea
that I broached to him— that aeroplanes would be
of great service to the life-raving stations along
our coast. After the storm has subsided and the
wind has gone down, it would be quite simple for
nn aeroplane to rea< h a stranded ship with, a light
line long before it vould be possible for a boat to
leave tie shore in the heavy surf, pounding the
Ship to pieces. The operator would also be per
fectly safe, as he would be provided with life pre
servers, and. should an accident happen to his
motor, he could be easily pulled ashore by means
Of the line he would carry to the stranded ship.
The aerojdane could also be provided with enough
cork, or air-tilled spaces, to keep It afloat in case
*it should be forced to come down on the water."
Mr. Hawley also declared himself in favor of a
national law which would compel persons to have
pilots licenses of some recognized responsible in
stitution before being allowed to make an ascen
sion in either a dirigible or spherical balloon. "This
would put the sport on a better footing." he added,
"and make impossible the Urge number of acci
dents Occurring at the present time. A balloon in
charge of a competent pilot is safer by far than an
automobile "
AEROMOBILE THE LATEST
Berliner flunks His Airship Will
Attain Great Speed.
Washington, Sept. 8. — Kmile Berliner, of this
cit\. Inventor of the telephone transmitter now
in general use, who has been experimenting with
the helicopter type of flying machine, has issued
a statement outlining the essential points of his
machine, which he calls the •'aeromobile." He
pays in part:
1 have lately constructed nn experimental pro
peller of such power that placed horizontally it
<< capable of lifting :'•<'>" pounds in a calm straight
up into the air. There la no gas bag and no
aeroplane, simply a motor weighing 100 pounds,
some framework, gearing and a two-bladed fan.
the latter having a surface <>f about 36 square
feet Moreover, the whole apparatus, outside the
seat of the operator. Us entirely of steel and
aluminum, and is built substantially and for
* A peculiar importance of the«e experiments lies
in the fact thai a power propeller capable of By-
Ins Straight upward with an operator, when at
tached vertically i.> a modern aeroplane, would
force the latter through the air at a very high
speed probably from seventy-five to one hundred
miles' an hour, and would double the present
speed of dirigible balloons. 1 am planning also
t.. apply small aeroplane* to thi< apparatus of
just enough surface to help in lifting anu in
landing There will he the usual rudders, such
as are used on dirigibles and aeroplanes.
AN AEROPLANE TEST AT TORONTO.
[P.y '[>l-*r:iph tr. The Tribute.]
Toronto. Sept. S. — Travelling at a height of
forty feet, for I,o*o yards, an aeroplane built by
a Toronto engineer who la a frlen>. of Count
Zeppelin was successfully tested yesterday. It
carried fifty pounds of sand, and was under per
fect control. The engineer will now build a
larger machine to be tested here
LONG FLIGHT OF GERMAN BALLOONS.
Neshin, Russia, Sept B. — A balloon carrying
two German aeronauts came down here to-day
after having been In the air twenty-three hours
from Berlin.
INDICT THREE PITTSBURG BROKERS.
Embezzlement Charged Against Members of
Insolvent Firm of Whitney & Stephenson.
Plttsburg, Sept. S. — George I. Whitney. F. L.
Stephenson and I. M. Flckerson. until their assign
ment several months ago doing business as brokers
in Plttsburg and on the New York Stock Exchange.
were f Indicted as Individuals late to-day by the
county grand jury on the charge of embezzlement.
They were accused of appropriating 'thirty-three
shares of stock ot the WeHtlnghouse Machine Com
pany, of the par value of 133.000. deposited by a
customer. The First National Hank of Washington,
I'enn.. represented the customer In the transaction.
The brokerage firm whs a few months ago forced
Into liquidation through the failure of. a bank and
several Industrial companies
Flints
Fine.
FURNTTLKE
ARMY AND NAVY 3EWS
[From The Tribune Bureau!
Washington, September 8.
ORDERS ISSUED.— The following orders have
been issued-
First Lieutenant SIDNEY D. MAIZE, to 12th Cavalry.
First Lieutenant WILLIAM S. BA.IIRIGEK. to 8»h Cav
alry.
Captain JAMES H. FRIER, from 17th to 2TM Infantry.
Captain HORACE P. HOBBS. from 23J to J7th Infa"ntry.
NAVY.
Commander H. M. DOMIIAUGH. additional duty, com
mand tne Nevada.
Passed Assistant Paymaster A. >. BROWN. detached
navy yard, I'uget Sound. September 26; to the Albany.
Assistant "paymaster O. D. CONGER, detached the Al
bany; to navy yard. Pujjet Sound.
MOVEMENTS OF WARSHIPS.-The following
movements of vessels have b^en reported to the"
Navy Department:
ARRIVED.
SeDt R.— The Yank**, at New Bedford; the Uncao. at
navy yard. New York; th» Mississippi, at I'rovlnce
town- the Marietta, at Portsmouth. N. H.; the Mon
tana ' at Hampton Roods" the Abarenda. at Bradford,
the Wolverine, at Detroit; the Dcs Moine*. at Puerto
Sep^°ft^The Alabama and the Maine, at Sum: the New
Hampshire, at Tompklnsvllle; the Yankton and the
Relief, at Thursday Island.
Sept. 7— The Alabama and the Maine, at Ismallia; th*.
Mississippi, at Bradford. -
, - SAILED.
Sept . Th* Tank?*-, from Boston for New Bedford
S*pt .i-The MiMliHnl from Provincetown for Brad
ford 7 the Mayflower, from l-u-rto Cortex for navy
yard. New York; the Alabama and the Maine, form
Suez for Ismailia: the New Hampshire, from navy
yard New York, for Tompklnsvtllf>. .
*ept 7-The Tacoira. from Port-au-Prince for G™***
namo- the '-a'sar. 'rr.ni Chinwanstao tow . IM Km
Sept. S-*The Cleveland, from Chinwanstao for C.rlte.
REFUSED TO ELOPE; SHOT.
Italian Suitor. After Killing Another
Man's Wife, Shoots Himself.
Humbert de Giovanni, a young Italian baker,
shot and killed Mrs. Orest de Giovanni, his
brother's wife, during a q"-"rrel in their home,
at No. 2316 West 22d street. Coney Island, last
night, and then fired a bullet into his own head
which will probably cause his death. The only
witness to the shooting was the mans twelve
year-old sister. Bessie.
According to the dead woman's husband, his
brother had been trying for some time to per
suade Mrs. de Giovanni to elope. She repulsed
him and they quarrelled several times. Accord
ing to the story told the police by Bessie .le
Giovanni, her brother. Humbert, threw a glass
of water on Esther. Mrs. de Giovanni's infant
daughter. The mother became enraged and
called him several names, and be drew his re
volver and shot her through the right breast
He then turned the weapon tjnosj himself, and
was lying unconscious when Patrolman Lam
bert, of the Coney Island station, and several
neighbors arrived. Dr. Nostrand. of the Recep
tion Hospital, took De Giovunr.i t-> that institu
tion under police guard.
JEROME SEES DARRIN OX HAINS CASE.
Expert Says Code of "Unwritten Law" Was
Violated in Shooting of Annis.
In what was reported to be a conference regard
ing the prosecution of T. Jenkins 'lain* and his
brother. Peter C. Mains, jr.. charer^d with ttja kill-
Ing of William K. Annls. District Attorney Dar
rin of Queens County wns closeted for an hour or
more yesterday afternoon with Dijtrict Attorney
Jerome. At the office of Fr;»nk «. Wild, counsel
for Mrs. Claud'a Lfbawy Hntns, it was denied
yesterday that an agreement had been reached by
Mr. Wild and Mr Darrln for voluntary testimony
from Mrs. Mains or that the question had been
unfler discussion.
James Shea, of counsel for the Mains brother*,
said last night that he did not believe Mrs. Mains
had accused T. Jenkins Halns of urging her hus
band to attack Annls. "In fact." said Mr. Shea.
"T. Jenkins Hams doe* not believe -he made such
remarks. He has said that be regarded her as a
sister, and that she came to h.m for advice several
times when the family difficulties arose. However,
all this will be brought out on the witness stand."
Mr. Shea said he had heard that Captain Hams
had received a letter from some person In Tennes
see who found fault with the manner of the shoot
ing of Annln. asserting that under the coda of the
•unwritten law Annis should have been Informed
and warned to go armed This expert also wrote
that since things had occurred so irregularly Cap
tain Mains should commit suicide. Mr. Shea said
he had rot wen the letter
General Peter C Halns the father, who has been
staying at the Hotel Astor. returned yesterday to
Fort Hancock. Although he did not discuss th«
rate his leaving the city wa» taken by some per-
M .n* to mean that the preparation for the defeaco
«r the brothers was well under way.
Fall Suits and
Topcoats for Men
$15 to $45
Ready for immediate service.
Flow much is conveyed in the
word "ready!" And how much
more, in the sense that we might
employ it. to express the pre
paredness of ,1 clothes shop in
which every -garment, from the
lowest to the highest priced, pre
sents the achievement of a most
complete and competent creative
staff.
From the selection of fabrics of
distinctive, quiet elegance, to the
finishing touch, the inflexibility
of our high standard rules—
' always.
#aks & (SJomtrang
Broadway, 34th Street.
Readers
of the
Sunday Tribune
who have returned to the
city shculd order next
Sunday's issue from their
newsdealers on or before
Thursday in ordsr to
insure getting a copy.
A goodly assortment of
autumnal articles in
Next Sunday's
TRIBUNE
FIRE DAXGER IMMINENT*
Terror on Mexaha Range — Xo Rain
in Fourteen Weeks.
Duluth. Minn.. Sept. S— Forest fires which
have been raging for several days to-night
threaten Hib ing. the largest and most proe
pen.us town <>n the Mesaba Range. Every place
of business is closed and the men are a!', nut
fighting the firo. In response to an appeal tho
Duluth Fire Department has gone to the scene,
while the Mesaba Railroad has trains in readl
. ness at Hibbing to take the people away.
There has been no rain in part of the fire
stricken county for fourteen «*« *
J. B. BEYNOLDS HOME.
Assistant Secretary of Treasury
Tells of Tariff Conference.
James B. Reynolds. Assistant Secretary of the
Treasury and chairman of tiv American commis
sion sent abroad in June to confer with a similar
body appointed by the French government rela
tive to changes In the tariffs of the two countries,
returned yesterday on the Kaiser Wllhelm 11.
"I cannot go into details as to our work," said
the chairman, -but I will say that v report era
bodying the information we gained regarding the
; wishes of ih> French government and ihe exporters
of < that country, as developed .it the conferences,
will be laid before our government. I do not
know whether th» data th commission has gath
ered will be used as a baMs for the negotiation of
a reciprocity convention ts take the place of the
i one now operative between trie two nr.ticnsi. or
| whether the Information will be. submitted directly
to the ..fill committees of OH Senate and. House)
of Representatives.
"The work mapped out for the Joint commission
kept me in Paris all of the time. The American
ommisslonets were received mest cordially by the
French offlc'als of all grades, and the utmost
courtesy was shown." __
! Mr Reynolds said that the hard times turoujfc
'' which this country passed had not diminished th©
confidence of th- French in IBS future of the-
United States. "The only thins that has been
i worrying the hotel and shop people in France this
, summer has been Ike falling off in travel from this
I country " Mr. Reynolds added. When told the* ft
i local commercial organization had made i formal
protest against the propose* exemption of lutyon
passengers' baggage from $100, the present ralev
i to WOO the Assistant Secretary said the Treasury
Department had recommended the letting down of
I the tariff bars on traveller*' effects to the value
i of J0».
• AQUARIUM TURTLE CALLED "BILL TA-T.
: \ lisllisisari turtle, caught off Belmar. X. J..
! on" labor I>ay. was received at the A. t uanunr
} ye-terdav ami Immediately dubb*<l "Bill Taft."
i The turtle ia seven feet long and measures four
I feet across, ttpping the seal*"* at 840 pounds
•Hill Taft" has been placed In the middle pool of
the \fjunrium. with the sharks and giant star
«on but ha* had no trouble so far »n homing
at? own A new high record for the Aquarium
f wa% made on Labor Day. when -"---" persons
i visited it. . .
VICHY — I
> Owiud by mod boiiUduodtr the <*>•«♦
control of th* Frtnch Covtrnmtat
Natural Alkaline Water
Used at Meals
prevents Dys
pepsia and cures
Gout and Indi
gestion.
AdcHghtfultable
water with highly
medicinal qualitits
Ask tout Physician
8

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