Newspaper Page Text
.rTTO.VS DEATH WOUND Jficebs disagree as TO LOCATION. Surgeon Demonstrates How It Could Have Been Self-Inflicted-J,ieu tenant Reprimanded. , . -« -The remarkable variance In B\S«Stt»OliS. IS ; — ... e nava , offlcPr 3. who y e tinM>ny o. _ «--•« --• - iTiquiry which ls SSSSSSS of tenant m * . ,,^ no >. wns t!On £fiSs£ **** by contradictory CCT f a ~ a- t, the location of the bullet wound evidence a- - Oregonian's Centh. rtkA «'"*2"! he location of the wound has In The ra« of other evidence S^£wsd arr-ar that It would have bee. StS£ Seal for Sutton to have shot him- SSSSS on the ground, with th,. men Jn ' iif the bullet entered tha ** of hjs C " ,C Sffl«on George I'iekroll. In charge o- S^W-1 at that time, who o.amined -■„,"•. iv,uv. testified It did. rXi Ctari« A. Doyen; commandant of marine thai time, ar.d who holds the same post now. £££ t^t he examined Sutton', -•* rrll VV P r ifier the shooting, frit the wou.id In Ms ££ 2 «^t it was on the right side, a li:tle ft t* and on a line with the top of the car. Dr. 2S hbaselt ns he described it. but he made an SSaSs "« ******* demonstration In court It'h the revolver and a free right arm to pet l:\-wpon in a position which would have Bent XcX c ballet Into his head at the point where, he Te^ified. it entered Simon's head. rSsTEeon rickr^l said that the shot w.is fired two feet of Suttorfs head. He said that Sotton-« body showed no other injuries which mfebt have caused bla death. The witness kie:»ti j^a'a belt and holster which, he Mid. v.ire etiapped on Sutton's leg the night of the tragedy. Con«*l"niNe progress was made to-day and three i«irttnesses were disposed of. Despite the testi- PHow of Snrgeon Pi-krrll and Colonel Doyen. Mr. Dcvis. counsel for Sutton's mother and sister, fin ished the cross-examination of Lieutenant Willing vfco was on The rtand part of yesterday. LIEUTENANT VTCLXJXG OBSTINATE. Willirs ir.adf- an obstinate and unsatisfactory wit- Less under cross-oxarrsination. The few discrepan cies which Mr. Davis drew from him by reading the record of his description of the scene of the Shontins: at the former Inquiry were readily con crdea by Lieutenant Willir.c, with the remark that he testified from the bost of his recollection on both oceas-ens An incident of the forenoon was a rebuke admin irtrretl by Ccmmanoer IVr.d to Lieutenant Willing for beine Jate for the second time after he was ea> j^ctei to take the witness chair, lie could off r.o excuse, and the commander threatened him with arrest for contempt of court If there was a repe tition of the on>nce. Mr. Davis tri"<l to find nut from all the witness's to-day what beram<» of Sutton's two revolvers fol lotnnc ttie shooti^sr. Coionel Doyen testified that he saw th^rn and ordered Lieutenant "Willinp to take charce of thr-m. but he lid not know what be came cf them until ther finally cot Into his hands a: tlie inrj'jpst. It was apparent no one of the offi cers wanted to assume the responsibility of having the weapons about him Immediately after the shoot tar. SerreSTit James De Hart, of the Marine Corps, the last vftness at to-day's session, testified that some oScer nt the scone of the shootir.tr handed him a revolver, with the curt command to "take this." It tras dark and he could not s*v? rrho the officer was. De Hart sor.n afterward threw the revolver toto the bushes < n his wny to the barracks, nnd on CoiES out to ]nok for it next morning could not fed it, lie testified. 3>e Hari is a bright appearing young marine and CTfated t->-nsideral.le amusement in court by frankly ateittinp he had been out with friends the night fc question, and was "slightly under the influence of liquor." He said, however, he knew what was rr.irig on around him. Mr. Davis pressed the questions about his rcittal condition that nlgbt. Major Leonard con vulsed the court and the spectators by asking that j }aOda] notice be taken of the fact that De Hart was intoxicated. The young sergeant's mind was quite hazy in r< pard to anything that wa? said or done that night, but he was positive- that he was rot one of the men sitting on Lieutenant Batton £iid trying to hold him down. Lieutenant Bevan previously testified that De Hart was sitting on Eutxor. De Hart said he was making his way to camp by "a bark entrance" when he met Button jrior to the shooting. He said that "Sutton carried two revolvers and that he (De Hart) did not stop to talk with him long." The witness did not know about the trouble button had had in camp, but thought something was up when he saw the two runs. Soon afterward l>e Hart heard the shots fend ran back to the scene of the shooting. He could not rerrx-rr.ber recognizing any officers then except Lieutenant Utley, who ordered him to the barracks. "I did not go then," he said, "but stayed In the FtLes nearby out of curiosity." Mr. Davis re^ad from the records of the former Inquiry, bringing out some discrepancies In Lieu tenant Wiilbis's testimony. The witness said his present testimony was correct. "The former tes timony was given on the same day of the shoot izsg and some of it was reckless," was the lieu tenant's explanation. Willing was defiant— and answered the lawyer's questions in an indifferent darker at other times. -"I can't remember what everybody said and did on that night," be de clared; "no one could." . Lieutenant V.'jliing was excused, and Surgeon Pklcrell. who was in charge of • .'■ Naval Awl saw Hospital at* the night of the shooting, tesii 'ed. Dr. Pickrcll heard the shots while standing is a window at the hospital, : which was only a sbort distance away, and hurried to the scene. He examined Sattou's Injuries, and made a care- M examination of the bullet around in his head after death. Surgeon IV-kreil said that lie treated Lieuten *=» Adams. OsTerman, Roelker and Potts at the hospital shortly after the shooting. They all had iafignincant Injuries, he said. They were all Wry much excited and talked about the shooting. Lieutenants Adams and Osterman. as he recalled H, told him about the fifrht, and said Sutton had etot himself while lying on the ground. "KTien the witness demonstrated with the re volver the manner In which he believed Sutton reisht fcav« shot himself, he was careful to see that the weapon was "not loaded. He took the re vo.ver In hit risht hand, extended his arm above a» head, with his elbow bent' at an awkward •a**?, and pointed the muzzle directly at the top ifr-n head * toward the middle and rear of the 11- The woman spectators in the court room *meJ t 0 enjoy the exhlohion. There waß an h«'^ C gI * 5l!n « among them. Mr.-. Sutton and « -daughter smiled as Dr. Mckreil broke the re ceiver to see. that it wai not loaded. Colonel Doyen, senior officer of the marine corps i Annapolis at the time of the Sutton affair, was _ * ngxt *'itncs*s. Colonel Doyen told of LJeut«-n- $3.50 ATLANTIC CITY and Return WEDNESDAY, JULY 28, SUNDAY, AUGUST I. Pennsylvania Railroad i^ SPECIAL TRAIN ' l?-;^ July 28 Aug.l. r mil 1 23rd St.» 6:4?. A . M. 7:25 A.M. ****s & cert. SUs.) . . . . 7 : A. M. 7:30 A.M. RETURNING fj» . '***"* Atlantic City. 7:00 P. M. 'CP«;MI! be rr.-.vi* at Newark, Elizabeth and *•« Brunswick !n each direction. ; *"ri.«r excursions August 15. 25, 29 and September 12. ant Vtley approach.ng him that night and telling him that Sutton had killed Roelker and then shot himself. PLEKTT OK TIME. Mr. Davis objected to the testimony as hearsay. "I want to save time," said Mr. Davis. "We have all the time we want." retorted Major Leonard. "Of course." said Mr. Davis. "The United States marine corps is eternal; I am mortal." When Colonel Doyen reached the scene he said he picked up Sutton's right hand, which wae ex tended directly in front of his body, and felt for his pulse. He found he had a pulse and ordered one of the officers near by to hurry and get the Naval Academy physician. Dr. McCormlck. Sutton was d*ead before they could get him to the hospi tal, the Colonel said. Colonel Doyen described the incidents of the shooting as they had been reported to him by the young officers concerned In th* fights. He said the. officers had special leave on that night on account of the hop, but were supposed to be in camp at 1 o'clock. Colonel Doyen, on redirect examination, told of a report made to him in May. 1907. that Lieutenant Sutton had been placed under suspension for ten days for being under the influence of liquor and creating a disturbance In camp. He said he knew Button spent much of his time alone. This attracted his attention, and he made Inquiries and was told that SJtton did not seem to be popular. "I was told he, was overbearing and assumed a manner of superiority toward his brother officers." Colonel Doyen paid. Colonel Doyen located the bullet wound In But ton's he-ad as one on the right side, one inch back of the right ear. on a line with the top of the ear. He said he felt of Sutton"s head as he lay on the ground. This testimony was entirely different from Dr. Pickrell's location of the wound earlier to-day. In objecting to the admission of a portion of Colo nel Doyen's evidence touching what certain* of the marine officers had told him on the night of the shooting, a remark made by Mr. Davis Is looked upon is slgr.iflcant. Mr. Davis said that he did not now know what other body the case might go before after the present hearing, nnd that for that reason h- wished to keen the record clear of hear say evidence, Which be declared Colonel Doyen's to be. After the hearing had been closed for the day Mr. Davis Informed Judge Advocate Leonard that. In view of the fact that Sergeant De Hart had sworn he did not know who cave him the pistol which he afterward threw away, the counsel for Mrs. Sut ton would request that each of the officers of ma rines who have already testi.ied (And none .if whom has acknowledged giving the pistol to De Hart) be recalled in order that each might answer the specific question:" "Did you hand the pistol to Sergeant De Hart?" THAW TO FACE JEROME. District Attorney May Examine Him at Sanity Hearings. Much harder than he expected will be Harry K. Thaw's experience on the witness. stand when "the examination into his sanity Is resumed next Monday at White Plains before Justice Mills, for District Attorney Jerome Is to be present. The Attorney General's office has requested that Mr. Jerome assist It when the examination is re sumed, and Mr. Jerome, when he returned from bis vacation day before yesterday, said he would help the Attorney General's office if asked. The District Attorney, ever since Justice Dowling sent Thaw to Matteauan. has been most anxious to keep him there, believing that his release would be a menace to public safety. He has not appeared at the hearings before Justice Mills up to the present time, because there was no call to do so. The continued absence of Mr. Jerome encour aged greatly both Thaw and his counsel. Prob ably no man ever connected with the cas« has a better knowledge of Thaw's mental habit? than has Mr. Jerom<\ For this reason Mr. Clark, the Deputy Attorney General, and the other counsel representing the people probably will ask Mr. ; Jerome to cross-examine Thaw, and Mrs. Thaw. ! too, if she be recalled to the stand. i 'WASTED IS CONNECTICUT. 1 1 Police Identify Property in Posses sion of Man Arrested Here. IBy T«-I»im»ph to Th» Tribune] New Haven. July 22.— Charles Pierce, who was ar rested in New York City to-day on a tip given by a suspicious landlady, In wanted here for robbing a number of bouses in Elm street, West Haven, the homes of Arthur Dunham and W. F. Hardy, from which were takon Jewelry nnd silverware, lierce and Robert Thome were arrested In New York City this morning. Pierce Is from Denver and Thorne from Worcester, Chief I ..no mis of the West Haven police went to New York City to-day and Identified the property. Pierce and Thorne will be brought here as BOOH as requisition papers can be secured The police are holding Charles Pierce as a fugi tive from Justice, and Edwin Thome, of Denver, as a suspicious person. The men were arrested early yesterday morning in bed in a room occu pied by them In a boarding house at No. 32* West Kth street by Detective Cahill, of Headquarters. The detective recovered a lot of loot, and also said that he secured an admission from Pierce that he had mad« a haul In New Haven. Both men were expensively dressed when they appeared at Police Headquarters yesterday morn ing. Pierce explained that In his business a good "front" was essential to success. In his pockets were found four pawn ticket* and ll*. in .-ash. In the room where the arrest was made were found an old and costly Jewel box, a cut glass cologne bottle, two gold neck chains, two gold rings, one gold brooch and a silver watch. Neither prisoner is known to the New York police, but they think that an important capture has been mad*. although there is no record of any activity on their part In this city. BOOM ELLISON FOR MAYOR. Coler One of Those Who Are Helping Along the Ex-Corporation Counsel. A committee of citizens has pent out copies of a letter, especially in Brooklyn, booming former Corporation-Counsel William B Ellison as a candi date for Mayor. The letter says that the un fortunate condition in which the city Is now in volved requires a man at the head of the govern ment who is familiar with the workings of the various departments, and whose Independence, hon esty and efficiency have been proven. It says that Mr. Ellison meets these requirements. Among the Figrers are George C Clarke. Edwin Hawley, John N. Bea<-h, Charles I^. Burnham, William D. May. <;e<>rfje Clinton. Ratcheller. Charles Kohler. H. R. Braytc.n. S. V Iylndeman and R. S. Howard A letter written by Borough President Coler help ing the Ellison boom along ha« also been given out. Mr. Coler says he does not think any party could select a stronger candidate or that the pub lic could have a more thoroughly equipped admin istrative officer in the event of his election. COULDN'T TOTE HIS INHERITANCE. So Toung Man Left $400 in a Shoe Store and a Detective Got Active. A little bird told Detective Keating, of the John street station, that on Wednesday afternoon a young man hail called at a sho« store, at No. 63 Nassau street, staggering under the weight of two bags of sliver dollars, quarters and halves, one of which he asked to have cured for overnight. The detective was on hand yesterday morning when the man appeared. This is the story told by the man, who said that he was Thomas Davlen. of No. 779 Lafayette avenue, Brooklyn: "A relative of mine died and left me a lot of stock that was assessed at $2 a share, and I toott It to a firm of brokers and had them sell It for me. They got SBOQ for the stock, and I turned the mon*y Into silver at the/ Bub-Treasury. I started for Brooklyn Bridge, but the stuff got heavier each mlnut# and t had to leave one bag In this store. I took IT«00 home la«t*nlght." It happened that after Davies had left the shoe store, on Wednesday the clerks had become curious to jmow the contents of the bag, which was *o smaPand weighed to much. One of them pulled the small string by which the bag was st-cured and tha glistening silver met their eyes. For their own protection they counted the money, 1400 In all, and asked the proprietor of the store to lock the bap In th« safe. Davlee proved his right to the mone.y to the entire tsatlsfactton of the detective and was al lowed to depart with the bag-. He does not believe in Bavlng& baiilts. NEW-YORK DAILY TRIBUNE, FRIDAY, JULY 23, 1909. BAKER APPOINTS RIRBY Real Estate Man Second Deputy Police Commissioner. In the appointment yesterday of Charles W. Klrby as second deputy commissioner Police Com missioner Baker completed the reorganization of the executive staff of his department, so com pletely broken up by the dismissal of Commis sioner Bingham. Soon after the appointment Com missioner Baker went to the City Hall and had Mr. Kirby sworn Into office by Mayor McClellan. When the new deputy commissioner left the Mayor's office he said: "I have no special knowledge for this Job. I have enough civic interest, huweves. to know what the citizens expect of a police off cial. and I will endeavor to perform my duties In conformity with that standard. As I understand It, I am to have very little to do with the actual police work of the department, my principal dut'es being In the supply and other departments, where a business CHARLES W. KIRBY. Who was appointed Second Deputy Police Com missioner. man may be expected to make more of a success than a lawyer I feel that my «xperlence in the real estate business will stand rr.e In good stead now." Mr. Kirby has been a warm friend of Commis sioner Baker for twenty-five yearn. Me Is a mem ber of the real estate firni of <.:;!;* Klrby. of No. 27nr. Broadway. He is a veteran of the 7th Regi ment. in which he was a serp<»ant for twenty years, and of the West End As* elation. He has not been active in politics. His salary will be X.ono. Mayor McClellan denied a story current yester day that he had forced Commissioner Baker to appoint Mr. Kirby. "Commissioner Baker discovered Mr. Klrby. and I O. K'd him." Mid the Mayor. "There has been no conflict between ■•• about the appointment. The second deputy was satisfactory to us both." DRIVER S FRIES!) HELD. Companion on Auto Death Hide to Meet Homicide Charge. Cleveland J. Collins, who was In the (mobile, driven by Jan es Plunkett. which ran down and killed James Finn, v motorman, n Yonkers, early on Wednesday morning, will \>o arraigned there on a charge of homicide. * Collins was nrrest«vl at midniel.t on (Wednesday at his home. No. 130 Bradhum avenue, this city, by Officers ICcOrs and H«lght. He ■■• taken »v Police Headquarters. In Mulberry *tre«-t. At 12:4". held as a material witness, and later turned over to Lieutenant Joseph Bcheldel, of lookers He gave }:•» age as nineteen, his occupation electrician and stated that h«» was single. Collins said t.i Acting Lieutenant Cooper, of Yorkers, yesterday: "Plunkett and I took the machine »ut of the parage, at M p. m. Tuesday, Intending to take a hnlf hour's spin. We had no Intention Of going to Tonkera when we started When we saw the man standing In the road In ■ .- path. Plunkett tried to avoid him by turning to one side. "Klnn must have seen us, for h.» Jumped in front of the machine and was struck The twist that Plunkett gave to the steering wheel carried us into the ditch, and we struck the pole When the machine turned over we jumped cr fell out "After standing around for a few minutes we walked through the woods to the subway and boarded a train for New York. >•••- we had been to our homes Plur.kett went to a bank and drew out UM, and we boarded a train oa the New Haven railroad for Bavin Rock, near New Haven, Conn. I stayed, there during the day and then decided to come back." Detectives Mealy and Ford, of Yonker«, went to New Haven yesterday In an effort to arrest Plunkett. The latter was employed as chauffeur by Edward A. Kertscher, of th«- Kertscher Com' pany Cabinet Works, at No. 13 Lawrence street. He lived with an aunt, Mrs. Anna Fields, at No. 1573 Eighth avenue , POLICEMAN SO LAWYER. Chief Inspector Schmittbergcr Gets Court to Untangle Him. Chief Inspector Max I' Bchmitt erger ha» a high standing as a policeman, but ■- la not a great success as his own lawyer, wherefore he has to have undone by Adam Werner, as referee, ap pointed yesterday by Justice BischonT, wiat he did without first consulting counsel. The trouble Is over the property No. 254 West 30th street, which was owned by Mrs. Schmitt berger. of whose estate Inspector BchmlttDorger and his eldest son, William G. Bcbjaittherger, are executors. As a result of the mix-up the Inspector Is now plaintiff in an action against himself Slid his Bon. Individually and as executor, and against the following Bchmlttberger children: George L., Franklin J.. Max V. Jr.. Annie M., Oswald O. and Werner H . and also John Luke J,uke held a mortgage for $10,000 on the property. which Mrs. Schmittberger acquired In l£i<. 1 lie mortgage was due on January 1. 1908. and Inspector gchmittberger. acting as his own counsel, It Is said to conserve the estate and prevent fore closure, as he thought he 1 ad a rlglu to .to as Ilio tenant under his wife's will, paid the mortgage. Being a layman, he believed he could reimburse himself by Joining with his son. as so-^ZSCUtor, by transferring the bond and mortgage to himself. He discovered, however, that In his wife's will there was a provision that the property must not be sold or mortgaged. Being In need of money, as fie Inspector says, he asks that th« mortgage, to him be cancelled, so that lie can turn It back to Luke. HUNDRED COMMITTEE TO MOVE. Leases Rooms iv New Fifth Avenue Building for Campaign Headquarters. The Committee of One Hundred has leased eight rooms In the new Fifth Avenue Huilding. 23d street and Fifth avenue, for campaign headquarters, and will open them on August 1. SBSfla organization the committee has been .11 No. 82 Beaver street The Beaver street headquarters served well enough while the formative plans of tha campaign were under way. but a. more central plao- was needed for actual campaign work H. nee the move up town. The headquarters lensed, opposite Madison Square Park, are In the nolghb m hood which has been found by all political parties most convenient for the campaigns of the last few years. The move from Braver Btreet to the Fifth Avenue Bulldlnff will be made as soon as a telephone, switchboard can be Installed and the offices prepared for occu pancy. « Arrangements will be made b> which there will be some one representing the committee on hand at the 23d street headquarters 'o receive cltlrenH who have matters to present relating to the city administration or to political conditions In the city. HEARING ON HAFFEN DECISION IS RESERVED. I Governor Promises Prompt Action on Return from West. [By Telegraph to The Tribune.] Albany. July 22.— Governor Hughes gave an ex tended hearing to-day on the report of Commis sioner Wallace MacFarland recommending that Louis F. Haffen. President of the Borough of .The Bronx, be dismissed from office. Counsel for both sides presentend their arguments for more than j two hours, and the Governor then reserved dcci- I sion. He said he expected to leave to-morrow for I the Alaska-Yukon Exposition, to be away until ! the middle of August. On his return he would I give the case his Immediate consideration. Ex-Justice Morgan J. O'Brien and Louis O. Van Doren appeared for Haffen; J. . Purroy Mitchel, Commissioner of Accounts, and Arthur C. Train, representing the Civic League # of The Bronx, the City Club and the Merchants' Association of New Tork. acted as counsel for the petitioners. Others j present were Henry Bruere, director of the New York Bureau of Municipal Research; George Mr- Aneny, of the City Club, and Raymond V. Inger- j soil, for the Committee of One Hundred of New i York. Arthur C. Train, who urged the removal of Haf # j fen. bitterly attacked the Borough President and j created a stir nt the hearing when he declared that Haffen had perjured himself In giving testimony. Ex-Ju«tlce O'Brien resented these remarks on be- i half of President Haflfen. who was present. Mr. Van Doren made the chief argument for J Haffert. II« said that of the <wenty-two charges 1 filed against the Borough President eighteen were ■ either dismissed or reported by the commissioner to be not proved, bo as to singly or collectively j warrant a recommendation of removal, and one ; charge had b*en withdrawn. He declared that one ■ of the three charges relative to the construction j of the Bronx courthouse "is admittedly not proved, i but a new construction Is given thereto, to support | which testimony and evidence Is wholly lacking. RATTEN NOT TO BLAME. I •It appears as to another one of these charges, the Clason'a Point Koad. the respondent Is sought to be removed fmm office because a greatly needed improvement, opening up a large section of the city of New York, was put through at the Instance and request of property owners, and the cause for the recommendation for the removal of the Borough President is that it Is claimed that he had an Interest' in the property benefited by the im provement, although not a line of evidence ha been or could be cited to show that if he had that in terest it Influenced a single official act or omission." Mr Van I>or»>n first took up The Bronx Borough Courthouse construction matter involved In charge thirteen. He argued that Haffen acted en tirely within his rights In the matters connected ; with the erection of the building. Regarding the delay In the building, be declared that the Borough President could not hf removed because the con tractor showed Inability to finance his contract. : There was no other point connected with the con tract except the delay in construction which cou'.d be criticised. Mr. Van Doren declared that there was* no Job bery in specify ing a particular granite as long as other bidders could com" in. or in giving the con tract to the Brady company or in giving the contractor some latitude. There was no restriction Of competition In the award of the contract at all. The proof was overwhelming that It was the finan cial weakness <<( the Brady company, the con tractors, which gave rl*e to matU-rs which caused the critlr-ism. Mr. Yin Doren next took up the facts as to the charge involving the Sound View Realty Company and the alleged owners! of stock therein by Mr. Haffen. Conns*-] submitted the stock book of the company, showing the stub entries under date of April fc, ISQ3, putltc transfer '.i> Mr. Haffen of forty two shares of the ato«-k of the company. He de nied strenuously that the- improvement of the CIaSOH'B Point Ro a had anything to do with such ownership. That Improvement,* counsel contended, was secured through the efforts of property owners. The stock of the Ben View Realty Company represented no pr«>p«-r charge against the HorougM President, he declared. The Improvement of the »*lason"» Point Road wns v part of a great public Improvement. The assessed Valuation in that are.i Increased from IS,M,iK In VW2 to I-T.552.:40 In lf<oß. As to HMff*-n's responsibility for the taking of Hunt Point Park and for establishing a bathing P?iic»- there, counsel declared the n<->rough President alone should not be condemned of all the city offi cer* concerned in the making Of this park. Mr. Van I toren contended that Commissioner MacFarlane was in error am to his conclusions and recommendations. EX-JUSTICE O'BRIEN ON LAW. Ex-Justice Morgan J. O'Hrten cloyed the afgu nv-nt for Haffen He went into the legal points of the case. Mr. O'Brien f=ald bat in view of the fact that Commissioner MacFarlane had dismissed all except three charges. h<- would confine hirnsvlf to those three cha-gts— namely, the Bronx Courthouse. Clafton Point Road Improvement and Hunts Point property. He was surprised when Informed by the Governor that, although Mr MacFarlane had dis missed the other charges, he Intended to consider the entire report. Ex-Justice O'Brien contended that, although Mr. Haffen might have made mistakes, they were not such as should warrant his removal from office. H<- said f.'H' Mr. Haffen had served The Bronx with credit for twenty-six years, and bad assisted ma terially In building up that section of New York. He declared although politics had entered largely "into this matter the case should be considered en Its merits, and he felt sure that Justice would be done by the Governor la his final conclusions. John Purroy Mitchel, one of the Commissioners of Account* who Investigated Haffen's administra tion, and who subsequently preferred the charges against Haffen. spake si length. He contended thai Haffen was equal!] guilty of misconduct in office with Borough President Ar^arn of Manhat tan, who was removed by the Governor. He took up the three charges sustained by Commissioner MacFarlan* and went Into each at length. "We Mibmlt," said he. "that the evidence proved and the finding of the commissioner is to the effect that there wan a gross breach of official duty in maintaining upon the payrolls of the Borough of The Bronx hordes of employes wholly unnecessary to do the public work wanted. "And in the case of the fourteenth charge, the commissioner found upon the evidence that the respondent had appointed as architect of all the puDliC buildings under his administration in the Borough )f The Bronx a man so grossly uunt for the task that his . appearance upon the stand was almost ludicrous, 'If your excellency please. HELD UP PUBLIC WORK. "There was a charge of the employment of a man to carry on one of the most Important public works of the Borough of The Bronx wholly unfit to perform the duty and found so by the commli- j si.->n.T. That charge, together with the waste— without the three charges upon which the recom- > mendation to remove was made— we submit upon the facts upon the precedent of the Ahearn case and upon that principle of official responsibility which your excellency there outlined which I sub mit the people of thai state have accepted at your excellency's hands, is their standard of official : duty and responsibility, and we contend that on these charges alone the respondent merits re- ; moval at your excellency's hands." ; Referring again to the courthouse matter. Mr. Mltchel said: "That the charge fhows a pises of podttcal Jobbery by restricting competition to only one granite, and .that the result, as. we were en titled to prove, of that piece of political Jobbery was a delay in one of the most Important public works under way In the Borough of The Bronx during the present term of the respondent, and that the charge has been entirely proved ever, more fully than your commissioner reported to you. ' WANTS EARLY DECISION. - Raymond V. Ing'ersoll. representing the Com m tee of One Hundred of New York, urged Seedy action by the Governor In view of the coming municipal campaign. He saw. Km »o.»IM? "hi Gm.fi.or m.> Chink » «!,.• to defiv action because of the near approach of a «1 "at his time not to urge that -he &a shall be for the removal of the Borough President, but to urce that the Governor render a decision. ThanKf, Gentlemen ! We're gratified at the interest shown in our July clothing sales. Men who know our methods get busy when we lower our prices. They know it's worth while. Especial attention directed to the Suits now ticketed $20, $18 and *$ 15. Fresh, seasonable, stylish suits — exclusively our own production. Our shirt counter is another bargain spot — $1.50 shirts for 95c. 265 Broadway, near Chambers St. 841 Ercadway, at J3th St. and that it be made to go into effect at the earliest possible date after this hearing. ..,__ .. f th . We call your attention to the natJr e of the charges. They have to do largely *"* th * use of public resources and the machinery of pußne office for partisan political ends a rour- *£ * r at the opportunities and temptation are greater t a v the time of an important election *»» «J^ other time. It is at the time of an el* ti >£ a ;Q* all other times, that the great office of "" nyn v *- President should be in hands free from any uu_ position to so use its far-reaching powers as im properly to influence the result h} Charges are made that Mr. Haffen .ia* i- • m relationships with contractors for the |>urptt securing campaign contributions from them . ana of gaining support for a po itical a ssoc l*''™ v • co hp controls; that he has juggled th * I>*vfa '* u j£ as to make special provision for h '»J2 l lca up £?t porters. It Is charged that for Pol"*™ *£"»£ he has paid with city money, and this am unw to taking campaign contributions outof t hepuu lie treasury. In this connection P^V™",^"? may be had to the statement of ConmittWßer Macfarlane on the thirteenth charge, ttiatenwign has been disclosed to show that the r' P« nrte « has in this matter subordinated his duty as a public official to his political friendships and h.s personal interests." " ■>. -,-<** 1 Our pies Is for puch action as may toa la PS« extent render the municipal election in * h * * rr rr ° t £[ free from improper partisan In « UP e nt exer^ through the office of Borough President _ V p ! therefore urge your excellency to act .on w [,h port with as little delay as is consistent with thorough consideration. CODE'S FRIENDS HEARD Contlnurd from first puge. room, challenged the statement, but Mr. Moore replied that he could show the proof in the building permits. Later he produced his proof. W. D. Henry, president of the National Fire proofing Company, the "Hollow Tile Trust." to which, ft is said, the new code will give a monopoly, arose when the hearing reached Sec tions 11«: and 117. which refer to the fireproof ing of buildings over one hundred feet in height. The charge, be said, that the National would do $6,000,000 Of the J15.000.000 worth of are proofing building annually done in New York, if the code went through, was false. "I believe that we would probably do $1,000,000 of business Instead of $*©•».«••." he said. The cement industry is a trust. Mr. Henry Bald, and in proof told of having to pay 90 cents Jn New York for the .same amount of cement he could buy for 50 cents in Pittsburg. PRESIDENT HENRY CONTRADICTED. \t one point .... his brief remarks President Henry declared that the magazine "Cement Age"' was owned by the Cement Trust. Mr. Lesley th> owner and editor of the magazine who "though in the room, did not answer th charge on account of the Mayors ruling as to tho conduct of the hearing, gave out the fol lowing statement later: The statement made by Mr. Henry pr-sid^nt of the Fire Proofing Trust, that the magazine Age" was owned by the all^'d rement Trust la emphatically denied by ****%£; ?f£ tho editor and owner of "«. envnt Age. :iir. &&* stated Tlhat h* Individually held the mn ; .1 irq mterest and that Mr. R. 1. Humphrey of tnefunlted States Geological Survey, is not andtnever-has been in any way financially or otnnX connoted with the publtotionMta.ques tion. No cement companies whatever ha<ve an> interest In "Cement Age." * E V Johnson. Western manager of the Na tional Fire Proofing Company. m»d from what purported to be the rules of the New Tor| Board of Fire Underwriters, which, as he read pui an extra premium of 4 cents a hundred more In buildings fir, proofed with cinder concrete than on those that were tiled. "What year is that book of rules?- asked the Mayor. "This year's." said Johnson. •V.h.s nr i9o»r asked Mayor McClellan. ••1009.*' he answered. .. , c F ShalcroßS, of the Board of Fire Under writers, spoke op here in spite of the Mayors ruling on interruptions. -That's an old book.- he said. The Mayor turned to the fire underwriters representative. ••What year is it. Mr. Bhalerossr he asked. ••1905." replied Shalcross. quickly. "Well do you make any distinction between buildings areproofed with tile and concrete?" pursued the Mayor. THE DISTINCTION SLIGHT. "With 75 per cent of the buildings of greater New York there is no distinction, and in t*e other 23 per cent our rate is only one cent a hundred more on concrete than on tile." A Delos Kneeland. attorney fur the Lyall Tile Company with kilns at Perth Amboy. Eliza bethport and other New Jersey towns, appeared to put before the Mayor his argument in ap proval of the code. Charles A. Bloomfleld. of the New Jersey Clay Products Company, declared there was no trust in the hollow tile Industry; that his com; was an independent competitor of the National, and he offered samples of concrete and tile which, he said, he had subjected to 2.008 degrees Fahrenheit. The concrete was crumbled to dust while the tile block was intact, and did not look as if it had ever been in a fire. Alderman Kenneally took the floor then to de fend the code presented by his committee. He spoke of the Metallic Lathers' Union, which had registered a complaint yesterday that its mem bers would be driven out of business by the adoption of the new code. "The Metallic Lathers' Union." said the alderman, "never had man than five or six men at work at any one Job in this city, and if this requirement of washing and sifting cinders will drive them out of business, why. it's time they were driven out." / John F. Taggert. business agent of the Metal lic Lathers' Union, was in the chamber, and he brushed to the front as soon as Kenneally stopped. "That statement of Kenneally's is false!" shouted Taggert. V Taggert spoke at the Cooper Union mass meet ing, and is hotly opposed to the code. The Mayor tried to stop him this time, but Taggart shouted the statement again before William Butler, counsel for the Building Trades Employes' Association, managed to quiet him with a whispered word. Following Daniel F. Cohalan. Secretary C. S. Smith of the German-American Fire Insurance Company, asked permission, to correct Mr. Moore's statement regarding the elevator and stair inclosures in the German-American Build- Ing. He said they were protected on the out side by brick and on the inside by terra cotta blocks. With that the hearing was closed. Mayor McClellan intends to go away to the Adlrondacks about noon on Wednesday, and he j said last night he would take action on the code , before he departed. KUHNE LEAVES JAIL Suspended from Police Force— Will . Face Charges To-day. August Kuhne, acting captain of police and for merly head of the Brooklyn detective service, shook hands cordially with Warden Fallon at the door of the Raymond street Jail. Brooklyn, at 9 o'clock yes terday morning and walked quickly out of- th«. shadow of the gray, gloomy prison into the street, a free man. His service of a thirty days' term for disobeying Justice Burr's order not to "mug" Frank Jenkins, the banker, was completed. He was smok ing a fat cigar and looking cheerful and well dressed in his gray suit, straw hat and tan ox fords. On the sidewalk the newspaper men met him. His lawyer. C. E. Black, of No. 1M Montague, street. Brooklyn, who will defend the policeman In his trial on charges to be made, had cautioned him not. to talk. But Acting Captain Kuhne was very buoy ant. »very glad to get out In the open near the pare ment and trolley cars and trees. "I tell you." he said, "this grass looks fine, much better than when you get a sight of It through ' three sets of bars." And. although he talked fully and eloquently about his case and the Injustice , he thinks was accorded him during the lons walk down to a subway station, that did not lessen his manifestation of lov over setting out. The lawns along the street had a peculiar interest for him. Once he remarked: l Mv what an Increased regard one gets for nature after a short term ' In - jattT* : . Captain Kuhne believes' himself a martyr to his duty, and his lawyer says the only crime, he com mitted was to obey the command of his superiors. The official's suspension and the chances of hi» dis missal on charges were known to both yesterday. "I certainly got a hard deal." declared the for mer detective chief. "I would have got it in the neck, no matter what I did. If I had failed to "mug' Jenkins they would have asked me !f he was too big and rich for us. Then. too. I would have been severely censured by my superiors. "Th* was no truth in the reports that ; the other prisoners Jeered at me and disturbed my sleep with catcalls. My only discomforts In Jail were the hot weather 'and enforced idleness. "I hope they'll send me for desk duty to sonic busy precinct." Captain Kuhne- said. A3 he stepped aboard a subway train for the Mulberry street h^adquafters. There the official surrendered his shield, which is a requirement when policemen* ded. Inspector McCafferty at Headquarters informed him of his suspension and ordered him to turn over his keys and shield. Police Commissioner Baker said that Kuhne would report every day at. 11 a. m. while under suspension. He raid that charges would be preferred against Kuhne to-day. One of the charges that may be preferre-t against Kuhne la that of overstaying his leave ft absence of twenty days to the extent of ten days. Another charge rr.ay arise from Kuhnc's "connec tion with the Duffy case, In his order reviewing the Duffy case Mayor MeClellan raid that Kuhne charged Duffy with being a suspicious character and later changed the charge to that of burglary.* (\ i SSU) V WITH 11 1 GHES. Direct Nomination Programme Will Receive Ex-Senator's Indorsement. fßy Telegraph to Th» Tribune! Ithaca. N. V.. July 22.— Ex-Senator Owen Cas3idj\ of Watkin.o, Schuyler County, came to this city to-day, where he declared he Is with Governor Hughes nnd for his direct primaries to the last. Mr. Cassidy told his friends here that he would invade this county at their request and make speeches during the campaign. Cassldy was turned down for renomirsatlon for State Senator last fall and ran on an independent ticket. He said he has always been with Hughes. In eptte cf the misleading reports of -he leader? here, who claimed th?y were the only supporters of Hughes. The independent Republican voters have launched a fight against Representative Dwlght's men here this year, and from the reports so far received ft looks as If they would win. In another year Cas sidy may be the candidate of the Independent Re publican party for Dwlghfs seat in Congress. Cas sidy stated to-day that he would come to this county and "open things up " as often as his friends drsired. PET BEAR HURTS THREE. Subdued at Glen Ridge Home and Skipped to Coney Island. Inhabitants of Glen Ridge. N. J.. were the wit aesvea of a fight with a heir on the grounds of Miles R. Martin, whose son. Johnson Martin. of the c'sss of *07. Princeton, was Injured while subduing the animal, yesterday morning. It was more than two hours before the beast was driven into a shifting den. The young: man's father and a representative of the Bostock animal show at Coney Island were also slightly hurt The brat was taken to the Martin home. ' l<Jo. 83 Rldgewood avenue, by the son from . Colombia. South America, wnere he Is manager of a railway system. This was in May. Since then the bear had been regarded as a pet Early yesterday morning a servant was attacked by the animal. Johnson Martin telephoned to the Bostoclc show asking that an expert be sent to examine It. Cpon the arrival of several trainers the bear became so wild that It was necessary to fire many Mank cartridges before it was safe to approach the tree to which it had been fastened. As the chain slipped from the animal It leaped upon the elder Mr Martin. The younger , roan hurried to the rescue and was torn as the in furiated animal renewed Us attack. It was then that the trainers took a hand, but their efforts were useless, as the bear turned upon them m its fury. At the end of a half hour right Johnson Martin succeeded in driving the animal to the Ms box which had been arranged as a den. The bear was shipped later to Coney Island, where it Will be kept in the Bostock arena. PREACHERS WANT BUDGET LIGHT. Ask Controller to Show Items Disallowed as Well as Those Passed. The clergymen's conference on New Tors City's budget for 191<\ through the chairman of the «- • ecutlve committee, the Rev. Dr. Frank Oliver Hall. ha» written a letter to Controller Mew saHng details on departmental requests and the action taken on them. The letter says: We feel strongly that if the citizens ot N«w Yorfc knew those items which are disallowed and strick en from departmental estimates during tne process of framing the tentative budget they woukl"Be better prepared to speak to the point. It seen to us that the public should know not only what it l" proposed to allow for budget purposes essrssji the coming year. bat also which offlctal requests have met with official disapproval. f«r whatever j reason. { k [."_ * Dr. Hall requests that a complete Hat" of de partmental requests which It is purposed . not ;; to ~.1 recommend for Inclusion In the budget for !3ls> as l j printed with the tentative budajsfc ■ j .1