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i 4 SAY SPiTZER DID II ALL Gerbracht and Bendemaqei Law yers Blame Him. BENDERNAGEL CASE RESTS Cashier for Sugar Refinery, on Stand, - Contradicts Some Former Testimony. Th«« -»rhol* machinery of fraud on the blocks cf tb*. Havcxne.yer &■ Klder refinery Tai, manipulated exclusively bjr Oliver Fpltz<?T. the former superintendent, accord in? to the defence in tho trial yesterday of Tharles U Hotke, Ernest Gerbracht and James F*. Bendcrnagel in the Criminal Branch of th« United Stat- s Circuit Court. Their -as« was begun, and Bendernagel had the first Jnninp. Spitzcr was the man. *al<i Henry F. Cochrane lv the preEenta tlon. It -was SpJtzer. f^ald George Mackei lar. openinp as counsel for Gcrbracht, when Ben<J*<rnap«!rs <Jpf«?n<-*> had been put in. It las said last evening that the short, Morky man. with the large, aquiline nose, who cams up from Atlar.ta without prom ise of a pardon and unbosomed himself, »111 be. held up as the past-master of fraud when case of Hcik« kl opened. Spitier was with the counsel for the government after adjournment, doinp some more con feestnjr He was around the corridors of the federal buildlne all *iay. He will be in*re. acaln to-day. Mr. Maekellar explained in another way ■ part, of Spitzer*3 confeßsJon that was looked upon as extrem»!y apainst Ger bracht, th<9 payment of his salary and the " a«-e<; of the aecured men at the traragre c<f the pardoned man. The counsel raid thst hen foe charges of fraud were first made. In November. IS-J7, H. <». Havemeyer <leciar«d that he would stand back of the tn*»n unless they were proved guilty. He •--iid the *a^i«» thing kl a. letter •which the cevernm^nt S">t possession of. Mr. Ger luatftt, Mr. Ma-keliar safd, was obeying tlstf order mhe.D li<» conveyed to Spitzer the T pc at »T>ne: . "Spttzer Did It All." ■'Spitz^r's control Ti-as. supreme." M . Ma<:*Kellar paid. "The letters Introduced r»r. from Mr. TT«»jke. to Mr. Gerbracht wil! thow that Inquiry was made not about any «lock weights, but about refinery weights. Mr. Koik© revrr wrote to Mr. Gerbracht »bout the dock weights, for he knew noth tr>g sbout dock weicht irregularities. Mr. Heike tl#l him about refinerj' weights. Fr'itzer kniiw it sJL Spitzer did it all. Bpltter is free." Witnesses for Gerbracht will be called this rnornins, but he may iro on the stand «r«:'. as did BendernageL The latter went on immediately after his counsel's opening. Mr. Cochrano put In a general denial of all knowledge of fhe weighing: frauds. ''My <;lj«»nt -will tell his own story." th« i ri -;nsfl said. "He will tell you that he "as never" in the scale houses, was seldom • •ii tho docks. He did not know that tliere «v anything criminal in the advance ot wage*. He will tell you he had nothing t o ia with the raw jrugar or raw sugar opera tions. He had nothing to do with th<» weights, false or trur. We will exonerate Mr. Bendernagcl entirely." All Denied by Bendernagel. On the stand Eendcrnagel followed the r.iun* outlined b>- his counsel. Before tak 'iie tip the der-ials, he said he holds the presidency of the Eastern District Hos pital, is a trustee, of the W'illiamsburg Sav ings Bank and •was vice-president of the Iv.-ard. of Education for five years. He went with Iht company when seventeen years sML which was fort>-tive years ago. "When be retigneci by request he was getting $s.<X<o a year. As cashier of the rc^ncry. th office he ri«>ld when last with the American Sugar F;. fining Company, he raid all the expenses of tho "WMlliamsburg refinery, insurance, -oal and other supplies. The total money handled was about $4,CKX),000 a year. "Were you connected with the docks?" ask**d Wt, Cochrane. "Xo. That was a separate department. U had Its own force, and they worked Under Mr. Spitzer. He had entire charge." Bendernagel «iid he visited the docks twice a y<ar. He was In the dock offices about six times in twenty-five years. He knew some of the former checkers who were convicted last December and who pleaded guilty last week. Of all the ex 3ilhits that have ngured In the trials he knew nothing excepting as they were brought up in the cases. They -were the pink books, the steel springs, weighing records »t)d coc on. H<i knew littlo about the weights. of cargoes, but had to "O. X.' aome of them. The witness knew about the city weigh ers' records, who weighed for the company. These were the records on which he had put his "< K." He was positive that he knew of r,o criminality in the weighing de partment, and oi no favoritism in the pay ment of wages. Former Testimony Inaccurate. Winfred T. Dennison, assistant to Mr. Ftimson. in th^ cross-examination, went through the minutes of Bendernagel's '.estimony at the former trial, when the ;ury disagreed as to hiS giult. He pointed <<;;i discrepancies In some of the details which were not disputed by the witness, rs they were- matters of memory. He contr;: «icTcd some of his former testimony as having been inaccurate. When Bendernagel stepped down many character witnesses were called, the same r\ho sified last December to his reputa tion, among them Ju tices Burr and Mad 'iox. Mr. Stlmson interrupted at one time to say that the government would concede Bendernagel's reputation for honesty, right •nusness md fair dealing among, his friends »js testified to by the witnesses, but there ws no M ur . When tlie last rfad testified the defence 4f Bendernagel rested, and the Gerbracht eat-" was opened. The trial will continue to-day. Jt was said that the case might go to the jury Kriday. GRAND TRUNK TO SPEND $2,000,000. Montreal. May 2L— The <;ran«J Trunk Hai-»ay of Canada to-day i>!ar*><i orders frr ti^w roJUiiS stock to cost J2,000,000. European Visitors w'M fit* tfc. European Columns of tB« New- York Tribune 9, reliable guide to the best fheps, hotels and resorts. Consult These Columns Before Sailing er.d rauch valuable time will be sav«d for sightseeing. WHITMAN DINERS OFFENDED Several Leave Room as Speaker Quotes from Poet. The broad sense of informality which pre vailed at Uie dinner of the seventeenth an nual convention of the Walt Whitman Fel lowship at the Hotel Brevoort last night was so sltnrfcnll by the remarks of Andre Tridon, one of tho Kpeakers. who quoted freely from Whitman's poems, that, after an Ineffectual protest, several persons left the room. At least that was the feeling of Mr. Street, of Street & Smith, the publish ers. who arose to interr-ipt Mr. Trldon's speech and say that It was offensive to him and several of the women present. The in -rruptlon caused a stir among the diners, several of whom called for the speaker" to continue, which he was finally allowed to do. Mr. Street and his friends then with drew. Prior, to the incident the speaker had been talking In humorous vein and compared the theories of former President Roosevelt on race suicide to Walt Whitman's ideas on tree love. He was auoting from the poem, "A Woman Waits for Me." when he was Interrupted. Charles Zeublin. Botfeoa Hall, William Davenport and other speakers eulogized Whitman for his exemplification of truth and democracy and contrasted the poet's theories with those r.f universal love, the .-ingle tax and socialism. Mr. Zeublin re ferred to Whitman as both a prophet and saint in his way. no had brought a mes- Fape of freedom and brotherhood to the people which would prove to be their social salvation if they followed his teachings. About one hundred of the poet's admirers attended the informal dinner, which fol lowed an afternoon session of the conven tion, at which J. G. Phelps Stokes, jr.. the East Side settlement worker, Horace Trou tx?l and others spoke, a'jd a number of Whitman's poems were read. ANOTHER IN SMUGGLING NET Bump in Minneapolis Man's Pocket Leads to Detection. Tt was Inspector Timothy Donohue's col lisioi. with H. R. Lyon. of Minneapolis, on the Hamburg-American Line pier, at Ho boken. that was responsibla for tho arrest of Mr. Lyon yesterday on a charge of at tempting to evade the payment of customs duties on two pearl necklaces and other Jewelry valued at more than 54,000. The Minneapolis man gave $2,500 cash bail yes terday for a further examination. Mr. and Mrs. Lyon and their son and daughter were passeneers on the steamship Amerika. ' Their trunks had been examined and passed. Mr. Lyon was about to leave the pier when ''Tim" Donohue bumped into him. That "bump" has been responsible for the collection of thousands of dollars in duties that might otherwise have been lost to the government. When Inspector Dotaobve bumped Into Mr. Lyon the latter looked annoyed. He turned to protest, but was met with the two jrimlet points of the inspectors eyes and was dumb. "Tn your hip pocket; what is it?" "Tim Donohup's bump is an intelligent ovf. It detected a protrusion that was iuspieious. This particular protrusion was caused by a chain purs" In which were two pearl necklaces, one valued at JS.OOO and rnip at |M. A search revealed ot;her jew elry and a fuither examinations of the trunks produced a watch valued at SK**. Trunks and jewelry were seizpd and sent to the Appraiser's Stores. Mr. Lyon, who is a banker and Interested In numerous corporations in the West, was before Acting Purveyor Smyth yesterday. He wa<« willinp to pay hII duties demanded, but was told that lie would have to p'ead to a criminal chare". DISCUSS COURT REFORM Lawyers from All Over Country Begin Conference Here. Special committees of the American Bar Association and the American Civic Fed eration began a joint conference yesterday at No. 42 AVest 44th street to suggest remedies and f«>fmulate proposed laws to prevent delay and unnecessary cost in liti gation. The committees intend to put be fore their respective organizations the re ports of the conference, to be acted on and presented io the ttate. and federal legisla tures in the form of bills, to be enacted into laws. The members of the committee of the American Bar Association are Kverett P. Wheeler, chairman, New York <'ity; Roscoe Pound. Chkago: C. H. Amidon, Fargo, N. D. ; J. H. Beule, Cambridge, Mass.; Frank Irving, Ithaca, N. V.; S. C- East man, Concord. X. H.; Samuel Scoville, Philadelphia; H. D. Kasterbrook, New York City; K. T. Sanford, Kr.oxviile, Term.; C E. LiUlefleld, New York City; ('. S. Hamlin, Boston; S. H. Allen, Topeka, Kan.; Arthur Stewart, Baltimore; J. D. Lawson, Columbia. Mo., and W. L. January, De troit. The members of the eomnifttoq of the American Civic Federation are R. W. Breckenridge, Omaha; M. J. O'Briea, New York city; W. K. Chandler, Washington: J. B. Scanlon, Madison. Wis.. S. P. Spen cer. St. Louis; B. EL Alien, Topeka; Charles Jf-weit, New Albany, Iml.; T. W. Sheltor:. Norfolk, Ya. ; William Saulsbury. Wilming ton. L)el.: A. M. Km fur. Providence; Law rence Cooper, Huntsville. Ala.; W. J. Mac l!:tyre, Thoniasville. <ia.: J. F. Vaile, Den ver, and c. L. Monsnn. Williamsport, Perm. NAKED IN CENTRAL PARK Strange Man Taken in Ambulance as Alcoholic Patient. As Bicycle Patrolman Helms, of. the West 6Sth street station, was nding leisure^ ly alons In Central Park West yesterday, he heard the voice of a man singing "Hi le. hi lo; hi !e. hi lo '." He was surprised the next minute to find the owm-r of the vol«.e seated naked on the Central Park wall. Helms was soon after him, and captured him, but could not make the man put on his ctotbea, Mca lay in a heap near where he l.a<i been sitting. Helms &t length hur i i*-rl to h nearby drug store, where he cent in a call to the J. Hood Wright Hospit.-il and returned to keep guard over lii. e-trans'* prisoner. In the mean time a crowd of more than two hundred persons jcathfr^d at the wal', but the man paid no attention to them, and went on singing. ll'lins seized him when Dr. Well arrived. He told the i'h>si'imi that his name was John T. Bess, and that lie lived at No. 232 Bowery. His occupation, ;»*; »* added, warn that of a bartender. He v^a^ takon to the hospital as an alcoholic patient. TRY TO FORCE WALDO'S HAND Fireworks Dealers Try to Get Court to Sanction Sale of Wares. • Three retail dt-alers tn fireworks, t}voagh their counsel. Mirabeau L Town?, applied to Justice Erlanger. of the Supreme Court. yesterday for an order <lire<:ting Fire Com missioner Waido to Ismjo permits for the *slo of fireworks between June 10 and July M, which be has lefusea. In con formity ■w-ith Mayor «Ja;mor s ideas for a auict July 4. . , Mr Towns *aM that the decision of the Fire ■ onunissioner vas based upon "an autocratic, unlawful and usurping spirit. The lawyer argno«l that the statutes pro vided for rfie t?suance of the permits. He «•; tha4 the prohibitory or<i*-r would aff*-ct j 500 retail dealers in <".rcater New York. ' Arnold C. Whl, assistant corporation counsel, who opposed the motion, said that th« Municipal Explosives Commission li;<<i ordered that n-» fireworks should be •ON < bnildlnps not provided with automatic rii<- j-rrlnklers. Ju?ti<-e Krlanger reserved decision. WH>NBSDA¥. $iV&tystfll fEXtttfiftt. '' inl<V DIFFER ON COnON SLUMP Big Break Follows Close of Way Deal Without Squeeze. DENY UNLOADING BY PATTEN Roundabout Motive Attributed to Shorts — Good Crop Re ports Another Theory. Th<M*» was a sensational break in prices of .otton on the local exchange yesterday, the declines ranging from 40 to TO points, or J2 to $3 M a bale, the near months being the heaviest losers The break came short ly after noon, when delivery on the May option, winch has been hanging over the market for months; expired without any slgti of the expected "squeeze." The closing: of the May deal, however, according to representatives of both the bulls and the bears, had nothing to do with the plump tn prices. The former said ft was a desperate effort on the part of th?J shorts to prevent further shipments of cot ton to Europe, it beinp hoped that by de pressing prices here the foreign buyers would hold off in the expectation of a still further decline in quotations. The bears laughed at this explanation of the break, which they attributed to the condition estimat3 of 80.4 for the new crop by a well known private investigator and to reports from all quarters of the South that the present crop gave great promise, hav ing been apparently uninjured by the cold sp^H a few weeks ago, w r hen reports of heavy crop damage were sent out. They also attributed the break to heavy selling by James A. Patten and his followers, who were said to have unloaded upward of 25,<v*> bales on the market. Patten's Brokers Speak. In '■ontradiction of this report it t»ss said at the office of J S. Bache & Co., Mr. Patten's brokers, that h<=> was doing noth ing but merchandising his cotton and that he had nnt bought or sold ten thousand bales within the last sixty days except for cash. It had been added that all the cotton that had been delivered to him on May con tracts had been sold abroad, and that with in the next twenty or thirty days he would not have a bale of cotton in this country. Twenty-one thousand bales are being shipped this week, and more will go as soon as accommodation can be obtained for it on the outgoing steamers. This cotton. Patter.s brokers said, v.as badly wanted by the mills in the South, and that was why the shorts who had contracted to de liver cotton to the ppinners here were making a!l sorts of efforts to prevent it being shipped to Europe. Representatives of the bears admitted that Patten was sending a good deal of his cotton abroad, but they declared that most of It was being sold on consignment and to spinners, and said that his losses on the shipments after payment of claims for short weight, difference' in" grade' to that called for in the contract, freight, etc., would figure up to $3 a bale. Another Struggle Expected. Whatever the outcome of the cotton ship ments abroad, it appears to be the general belief in cotton circles that July will see another tf-rrifc struggle between the bears and the bull clique, Messrs. Patten, Brown, Haynes and Scales, who successfully nego tiated the deal, in May which has just been closed by the delivery to them of the final consignment of the 35&.0 M bales for which they had contracted. The "Big Four." as they are known in the cotton trade, are understood to have contracted for 600,000 bales of July cotton, and even some of the bears were willing to admit yesterday that If they stand pat they will be in a position to "squeeze" the shorts as they have seldom been squeezed before when the time comes for the delivery of this cotton. The decline in the market yesterday was accompanied by the greatest activity since the big break of last January. Under the orders that poured in from -virtually all directions July s>>Td down to 14.18; or 74 points under the closing figures on Friday. I^ater, in common with the other options, it recovered some of its loss, closing at 14.40. a net loss of 62 points, or $2 60 a bale, for the day. The orther active options closed at from 37 to €0 points lower than on Friday. New Orleans, May 31.— Largely on the strength of the report that long interests were disposing of their holdings the cot ton future market registered a sharp break to-day, the July and August options falling to levels which ranged from $3 to &50 a bale below ttre highest prices of the morning. The July and August options dropped un til the former was 59 points below the highest of the day and the latter 69 points down. Belief that the government rwports next Thursday would be extremely bearish also was given as a reason for the sudden decline. PLAN COTTON SURETY COMPANY Southern Buyers Protest Against For eign Demand for Bills of Lading. Atlanta, May "1.- For the purpose of ap pointing a representative to go to J»ndon to protest against the demand that ail Southern cotton be shipped on pert bills of lading, the Southern Cotton Buyers' Asso ciation will hold a meeting in this city next Thursday. The representative of the association probably will be authorized to propose a surety company as protection for the through bills of lading as now used. 1 h«^ present demands of foreign hankers is the result of recent failures of two big Southern exporting firms —Knight. Yancey & Co., of Decatur, Ala., and Steele, Miil^r &- •'<->.. of Corinth. Miss.— by which the for ■iKnera lost in the neighborhood of $7. 000.000. PROTEST ON INHERITANCE TAX. The New York Tax Reform Association has filed a protest with Governor Hughes against the bill providing for a progressive Inheritance tax which has passed tho Legislature on the ground that such a change In the fiscal policy of the state should not be adopted without more de liberatlon and opportunity for criticism than have lieon afforded. In a statement explaining the bill A. C Pteydell, s'-re tary of the association, said: "The present bill was not Introduced until April 27 in the Assembly, just before tho Committee on Rules, which gives no hearings, took charge of legislation. It passed the Assembly on May 13. Friday, a day wheir important legislation is not usually considered, because many members are absent. It was kept in the Senate Tax Committee until the day of adjournment «jn<l rhen rushed through under a suspen sion of the rul^s. More opportunity should nave been given for public discussion"" or protest." STUDENT NURSES WIN PRIZES. More than five hundred parsons attended th« graduating exercises of Um> training school for nurses of the Jewish Hospital ji«Stcir<lST afternoon at the Willoughby mansion, Wllloughby avenue, near Throop avenue, Williamsburg. Four prizes were distributed. Miss Mabel Rodman won a gnid medal and J75 in gold: Miss Isa belle Martin, $50 in gol«i; Miss Mary Gallavin, a euit case and fittings, and Iflsa Hortense H. Craig, the valedictorian, re ceived a similar prize. Addresses w«rr made by Controller Pren dergast. Dr. H. B. De Latour, teas [saai son. Abraham Abraiii*. Monslgnor William I White »nd Edward Laalnsky, president of the training school. A iiius><;il rnter talniiMmt and dancing followed until a late iiour last nlghr v V, -. LEHIGH VALLEY IN LINE To Raise Its Commutation and Trip Ticket Rates on July 1. INCREASES ARE UNIFORM Change Follows Almost Exactly Practice Adopted by C. R. B. N. J., Competing Road. After July 1 commuters who us#- the J,ehtgh Valiey Railroad will have to pay higher fares in accordance with new tariff sheets which were filed yesterday with the Interstate Commerce Commission. An arbitrary advance of 25 cents on sixty trip tickets to New York and of 50 cents on rtfty-trip tickets was made for all sta tions except Elizabeth. . At that Etation the advances are S5 cents and 75 cents re spectively. The increase over present rates amounts to something more than 3 per cent for sixty-trip tickets, more than 4 per cent for fifty-trip tickets and nearly 7 per cent for ten-trip tickets. The Lehigh Valley has not a3 many com muters as pome of the other roads, but th* changes will affect several thousand per sons who travel to and from New York City. The fares between New York and th^ principal stations are as follows: ■present New N»w "New v 60-trip 60-trlp 10-trlp 50-trip far*. rate. fare. rate. W««t El!zah*tb $5 65 $»> CO — $9 75 Roselle Park 00 25 2bO 1100 Cranford 6 3t> B SO 2OS 1 M Plcton «HTi 7 15 r. 60 14 50 Oak Tree 7 50 7 7.% 4 55 17 60 South Plainfleld 7«0 7(W 475 IScO New Market S 1-1 f* 3S 5 40 21 00 BounJ Brook 855 8 80 •> 10 24 75 Xfshauic 11 00 1128 8 55 3S-50 Three Bridges 1130 1 55 9 45 40 .V» Flemin^ton 1135 1160 10 15 44 50 Clinton 12 05 12 SO 10 35 44 50 The announcement of these changes showed that the Lehigh Valley had used the same principle In advancing rates as the New Jersey Central, its competitor in sub urban traffic. Wherever the Central raised the faro 25 cents the Lehigh Valley did likewise, and the fare to Elizabeth was advanced 35 cents by both roads. In speak ing of this the assistant of C. S. Lee, the general passenger agent of the Lehigh Val ley, said: . "You must remember ye «re a. com petitor of the Jersey Central at practically every one of our stations." Asked if the railroads had agrreed to use the- same basis of reckoning, he said he did not know. Tn reply to a question as to whether an official of the Tjehigh Valley had been quot ed correctly in sa; ing that th« advance was made "too keep on equal terms with the other railroads operating 1 from New York." Mr. Tjee's assistant said: "I wouldn't put. It that way. Wo ad vanced our rates to get what we consider a fair return on the commutation busi ness." Fares to < "«>mniunipaw. Bayonne and other stations on the Jersey Central as far as Elizabeth, where competition with the Lphigh Valley begins, were not advanced, except in the case of Newark, where the commutation rat* was advanced to $5 50, the same rate as that of the Brie and the I^ackawanna. The same principle was used by the Erie. the West Shore and the New York Central in reckoning their new commutation fares. Starting with a maximum rate of one cent a mile, the rate was diminished on a per centage basis as the distance from New York Increased. A comparison of the new commutation rates of the I^ackawanna and the Krie to important stations shows this parallel: I^ackawanna. Bri«. Newark $5 50 *j 50 OranK* 620 *^ Bloornfleld "'.*. ..-.*.". •« «05 Montclalr 6 35 635 C. C. McCain, chairman of the Trunk LJne Association, said the other day: "I know all about the increases in commuta tion rates, but I have nothing to say." RECEIVERS FOR 'PHONE CO. Failure of Continental Concern Leads to the Petition. Trenton. N. J., May 31.— The American Union Telephone Company went into the hands of receivers to-day as the result of the receivership proceedings instituted last w<iek against the Continental Telephone and Telegraph Company, of which the American Inion company is a subsidiary. Judge Rellstab named Charles West, of Philadelphia, and Frank D. Houck, of Harrisburg, Perm., as receivers. The com pany operates lines in Western and North ern Pennsylvania and in Central New York. In the application for the receivers it is alleged that the Continental company has been manipulating the American Union company to the advantage of the stock holders of the Continental company and that, it is unable to meet certain obliga tions. The application was made by the Dean Electric Company, of Elyria, Ohio. Judge Rellstab, on the application of two stockholders— B. M. Wolf, of Boston, and Max Koehler, of St. Louis— issued an order on May 2t requiring the Continental Tele phone and Telegraph Company to show cause why a receiver should not be ap pointed. Ttie rule to show cause was re turnable yesterday, but has been adjourned until next Monday. The complaining share holders charged mismanagement of the company's affairs and misuse of assets by some of the officers. One of the allegations of the petition was that President Howard, without adequate action by the directors, made contracts for the acquisition of vari ous telephone properties, among them the American I'nion Telephone Company. ALL "MET.- SYSTEM AT SALE Judge Lacombe Appoints July 1 for, New Public Auction of Road. The Metropolitan Street Railway system will be put up for sale, at auction on July 1 at noon. Judgo I^acombe, of the United States Circuit Court, set that date y^ster 'day for the disposal of the property under the decrees of foreclosure obtained by the Guaranty Trust Company and the Morton Trust Company. If any attempt should be made to evade the upset price of $10,000,000 cash, th price approved by tho United States Circuit Court of Appeals, Judg« Lacombe said that it could be frustrated by tho court, which has the power to reject unsatisfactory bids. At a rec«nt offer under the. decree of fore closure of the Guaranty Trust Compay there was no bid from th<» bondholders he cause the property then put up at tlm Bame upset price was only a part of the Metro politan system. The Morton Trust Com pany having- obtained a decree of foreclos ure on the remainder of the property, makes It possible for the whole system to be in cluded in the offer of July 1. BONDSMAN UNDER INDICTMENT Michael H. Feeney, Named in a Fosdick Report, Charged with Perjury. Michael H Feeney, who was named tn a recent report Issued by Commissioner Fos dick as doing a iarge business in bailing prisoners in certain courts in Brooklyn, was held in $5/jOO bonds before Judge. Hum phrey, in the Queens County Ccuort. Long Isltnd City, yesterday, •on an indictment charging him with perjury. The ■harge grew out of 13.0^> bail which Feeney gave as security for John O'Brien, under Indictment, charged with grand lar ceny, second offenc*. l>*ney Is charged In the Indictment with tweartng wrongly that the property at N" Mfts Sterling Place. Brooklyn, which he gcvp as Beeurtty f<<r O'Brien, was free and steal Stern Brothers : direct attention to their exceptional faci'itif- K> lk« Dry Cold Air Storage or FURS, FUR-LINED GARMENTS AND ORIENTAL RUGS in the most modern and approved methods with insurance against damage by moths, theft and fire. FURS ALTERED AND REPAIRED During the Spring at Special Concessions from Regular Rat«. Estimates Submitted and Articles Called for Upon Re-i'test. PORTIERES, DRAPERJES, ETC., CARED FOR AND INSURED. , , __ j * LACE CURTAINS CLEANED AND STORBD During the Summer. No Extra Charge for Storage. West Twenty-third Street FUR STORAGE Dry Cold Air. IMPROVED METHOD. G. G. Gunther's Sons EstabUsb*d IS2C, sol FIFTH ATEVt E. Eighty-nine years' experience in tb9 care of furs. Telephone 72«0 MadJscn. NIGHT BANK MODIFIED Won't Be Open After Midnight in Future, Say ng One Shift. The Night and Day Rank, v.hlch for four years has held to its policy of 'Open twen ty-four hours even' business day," has finally decided, as the result of observa tions in the last two years, that condition* demand a modification of that policy, anl accordingly has determined lo cut down the banking hours to sixteen a day. from S a. m. until midnight, using t.vo shifts of clerks instead of three. The offices of the bank, ac Fifth avenue and 44th street, wen: opened at 6 p. m. on April 30. 1906, the first depositor being tho Brook Club, with $5,000. Within five min dtes of the opening deposits to the amount of $500,003 had been received. The bank la In a district in which are many clubs and many large hotels, from which a big night business was expected. Arrangements were made for especial ?» c-iliti« > s for out-of-town customers, who could cash at any hour drafts of their hotiM tanks on the Night and Day Bank, or make deposits of cash, instead of having to do ;i banking business with the hotel desk. The first president of the Night and Day Bank was Oakleigh Thorne, who was prominently identified with Its organization. J. W. Harriman was vice-president, and among the directors were J. Borden Harri man, Robert Bacon. O. H. P. Belmont, the iate E. H. Harriman. the late Charles T. Barney, P. A. B. Wldener, Myron T. Her rick. of Cleveland; Marsden J. Perry and James S. Kuhn, of Plttsburg. After a few months Mr. Thorne was succeeded in the presidency by A. D. Benaett, of Port Huron, Mich. In January, 190S, Samuel S. Campbell be came president. Frederick Phillips vice president and T. B. Clarke, jr., second vice president, and Mr. Thorne and his associ ates retired from the directorate. In Janu ary of this year it was announced that J. W. Harriman, J. Borden Harriman and the estate of E. H. Harriman had in creased their holdings In the institution, and that Mrs. E. H. Harriman would In future take an active interest in its man agement. RECREATION DIRECTOR CHOSEN Howard Bradstreet Said To Be Park Commissioner Stover's Choice. It nas learned from an authoritative sovrco yesterday that Howard Bradstreet, secretaiyr of the Parks and Playgrounds Association, would be named by Commis sioner Stover to fill the place of Supervisor of Recreation for Manhattan and Rich mend. It was added that only the indis position of Mr. Stover prevented the an nouncement yesterday. Mr. Bradstreet took an active part in the recent public hearing for recreation and outdoor societies by the Park Board and at the mass meeting in the- interest of til: ygrounds held at Cooper I'nion last Fri day night. He is identified with many civic and outdoor societies In this city. MARINE INTELLIGENCE. MINIATURE ALMANAC. Sunrlso. 4:32, sunset, 7:24; moon rl*es. i 15; moon's age, •■"?. HIGH WATER. A.M. P.M. Sandy Hook 1 •-*- 2:10 rjovernor's Island 1:31 224 Hell Gals 3:il * l * WIRELESS REPORTS. TTi* Teutonic, reported a* 710 miles cant o£ Sandy Hook at 8 a m jesterday, is (^MMI lo duck tomurruw tu-eiioon. INCOMING STEAMERS. TO-DAT. Vessel. Prom. SJMk •S-'arauiga Havana. Ma: 29 Ward •<>ule.n;i St Thomas, May 27 ... .Qu»b«c •Ancon Cristobal. May 25 Panama 1 di Palermo Algiera. May 15 Italian Quf'n Ame St I.ui-I.». May 21 Clara Oran, May 18 Pr*sM»tit Grant.. .Southampton, May . -11-Am Fr'.'drlch der t.;...Pal«rnio, Maj 21 N G Lloyd Sllth Gibraltar. May is El Alt* Gaiv«ston. May 2« So Pae THURSDAY. JL'N'D 2. •I.usttania TJverpool. May 2S . «*unard •Teutonic Southampton. May 2&..W Star Flortde Havre, May 3S Fr«-nch n« A Italia Azores. May Zfi Italian Antlll»6 New Orleans. Mny 2*. ..So Ptio Huron Jacksonville. May SO Clyde rmiZMaT. JUNE 3. •la. Savol* Havm. May •_'* . . . French •Morro Cast)* Havana, May 3t Ward Voltaire .. . Barbados. May 2". f.amp L. Holt Cuthbert Pan. May 22.. Pooth Santa Marti I'H-.n. May 27.. T T nit»d Fruit Antonio I »ipez Havana. May W> Rpanteh El Paso GaJveston. May 2H So Pa • •Brings mail. OUTGOING STEAMER 3 TO-DAT. Mail Vesstl •Vessel. For. 14ne. rtSSSS *VI«. Mauritania. LJverp'l, Cunanl 5:30 a m !»:oOatn Adrlatl.-, S'hampton, Wh Sr»r S."rtam 12^W> m P IJncoln. Hwnbui-t, H-Am. 9:ooam lltWm Bermudian. Bermuda. yu»b«f ROO a ■<> li> •>*>;* Seminole. S I>opiln«-v «'lv<l*. .10:<l©a ni 1:00 pm rirma. Rpttardarn. Russian. . Ancona. Nar>l<*». Italiar ■ II *am OroU\ a, Bermuda, rt M S P. l«:W>am Antilla. Ouanranamo. Ward.. 12:00 m pr.-.t^u*. N*w Orlaana, Fo r*a«s 12:00 m Iroiuoia, Jacksonville. Cl;d»..'-^— '.', 1.00 pm Sabine, Tsmpa, Mallor" : I"^? om San Diego. Galveston. Mallory 1:00 pm THURSDAY. JLNH 2. T.a Lorrain*. H»n». IkWtß.. 7:o<*am 10.00 am P Alice. Bremen. N G l> 7:«Oam lO:«Oa m M-xioo. Havana, Ward 9'*>am 12:0<> m Almirante. Jamaica. V F Co. P:3»>am J2:0O m Altai. Hayt). Hamb-Am »:o<>am ll:oftam Pannonla, Naples. ">i'iar>l. . . - — '-■'"' m Oceana. Harr.bunr. Hamb-Aia 1 :*>o p m C Of MontjomTy. Say. Say.. — — - 3:».»>pm FRIDAT, Jt'NK 2. TVnnvson So Brazil. L. * H.. 7::Wam It. am Ascanla. Hayti. — - 1i:0Oam l:W>pra ilonterey. Nassau. Ward... 12:0O ra ..:0O p m Arapahoe Jacksonville. Clyde 1:90 Dm Monroe, Jacksonville. Old I'-. *:t»> p m TRANSPACIFIC MAILS. l'luk Ja N. T. I Destination and st»amer. P.M. \ Guam, Phillp^in^ I»land<> i\la San j Francisco> — U 8 transport Jun* I. 6:30 Hawaii. Japan, Corea. China, Philip pine Islands (via San Francisco>— — Korea Jun* 2. 9:.4> Japan, Corea, China (via Seattle) — Inaba Mam Jun*» 2.6:30 Hawaii (via San Francisco) Wll helmina June 3,6:30 Japan, Corea. China (via Tacoma)— Keemun r June 10. •^•j SHIPPING NEWS Port of New York. Tuesday, May 31, j 1910. Steamer Mesaba ißri, London May 21 u> the ] Atlantic Transport IJnc -witli 13 psi.-sengers anl i rndse. Arrived at the Bar at 9:33 am. Steamer Prinz Ausust Wtlhelm <Ger). Savani!la May 18. Port Umon 23. Colon -4, Kingston 'M and Fortune Island 27, to the Hamburg A n-.»r: - can Line, with 70 passengers, malls an.i mcise. Arrived at th« Bar at 10 a ni. Steamer Alice (Aust). Trieste May 14. Patras IS, Palermo IS and Algiers L"<>, to Phelps Bros & Co, with 11.T cabin and S3t> steerage pawwi gers ana mdae. Arrived at the Bar at 11;37 p r.i, 30th. Steamer Kaiser "Wllbelm II (Ger). Bren.en May 24, Southampton and Cherbourg 25. to Oelrlchs «t Co. with 427 cabin. 695 steerage psasMaßa. mails and mdse. Arrived at the Bar at 4:21 a m. Steamer Athinal (Greek>, Constantinople May 6 Smyrna 9, Plrseus 12 an.i Patraa 14, to Fred E Jackson with 120 cabin and 927 steerage pas sengers and mdse. Arrived at the Bar at 3 a m. Steamer Oscar II (Dan). Copenhagen May li>. Christtanla and Chrlstiansand 31. to Functi. Edye i & Co, with 162 cabin and SM steerage passen gers and mdse. Arrived at the Bar at l:5O a m. ttearncr Werclenfels (Ger). Savannah May Ss\ to Funch. Edye & Co, la ballast. Le:'; Quaran 1 tlre at S:ls a m. Steamer Delaware. Georgetown. S C. May 26 and Wilmington. N C. 27. to the Clyde Ss Co. with mdse. Left Quarantine at 7:35 am. Steamer Indrapura (Br). Manila March 1!». Hollo 31. Cebu April 3. Singapore 12. Sabansr 16. Suez May 4. Port Paid G and Gibraltar 14. to Funch, Edye & Co. with 4 passeasers and mdse. Arrived at the Bar at 3 a m. Steamer Bertha |Nor>, Port Antonio May 2.%. to the Cnneo Importing Cu. with fruit. A:tlv> at the Bar at 5:15 a m. Steamer L>^nvcr. Galveston May £3 and Key ■West 27. to the Mallory Ss» Co. with passengers and mdse. I/eft Quarantine at 6:20 a m. Steamer Manna Hata. Baltimore, to the Ktrm York & Baltimore Transportation Line, with mdse. Left Quarantine at l:5O a ni. Steamer City of Atlanta. Savannah May C.«. ; > the Ocean Rs Co. with pasaengera and indse. Left Quarantine at 4:25 a 1:1. Steamer Seneoa. Havana Maj- 27. to the Hmm Torlc A Cuba Mall Ss Co. with pineapples. Ar rived at th» Bar at 12:30 a m Pteamer Hesperus tGer). Hamburg May 14. to Philip Ruprecht In ballast. Arrived at the Bar at 11 a m. Steamer Arapahcw". Jacksonville May 2S tnd Charleston 29. to Clyde Ss < t), with passengers and muse. Laft Quarantine at 2 p ra. Steamer Allianca. Cristobal May 23. •> tho Panama Railroad 5s TJne. with 130 pass^ns^ri. mails au<l mdse. Arrived at the Bar at 12:3S p in. Steamer Burbo Bank (Br). Guantanamo May 21 and Puerto Padre 25, to the Munson H - lane, with jiujrar. Arrived at the Bar at 2:30 pm. St«"ar:i<?r Cuban:* (Cuban). OUbarlen May 17. Matunzas IS and Cardenas IP. to the Munson Sa Line, ivi'.h mdse. Arrived at th# Bar at rt p m. Steamer Hamilton. Newport News and Norfolk, to tho Old Dominion Sa Co. with passengers and indue. Left Quarantine at 2:58 pm. Hteamer Jamestown. Newport News an<! Nor folk, to the Old Dominion Si <V wtth paaa«» gers an<J mdse. Left Quarantine at 3:40 r> m. Steamer Simon r-.imols (Nor>. Puerto Plata. X days, to the Atlantic Frutt Co, with 6 passen ger* an'l fruit. Arrived at th* Bar at l:3i> ym. Sandy Hook. H J. May H, 9:30 •> m-Wind west: moderate br*eae; partly c!ou<ly: lis^t sea. SAILKD. Steamers Wentfalen (Ger). St Kitts. etc: Pan ama. Cristobal: Sn*sta<i (Nor). Botwoodvill*; WUster iRr). Norfolk; Soutra ißri, Haltiii-.orB: El Dorado. Galveston: Manni Hata. Baltimore: Pawnee. Philadelphia: City of Macon. Savannah: Princess Anr.e. Norfolk and Newport Ni»s: D N Luckenbach. - j Kroonland ißerji». Art werp; Ryn<lam (Dutch). Rott>r.lam. Krorprins W'ilhKm (Or). Kr»men: Moltk<» iGert, Naples; Mendoa* flta;>. Xapiss; Normannta (t>an». Her rlne Cove; Ccmancba, 'hari--«tor. ar.l Jackson vtlle: l.'nited States »-ruls»r Montg' ip«s?e<l out Quaranttna, *t 7:40 a m). STEAMERS AT FOREIGN PORTS. ARRIVED. Hamburg. May 30. 0:45 a m- Graf WaMSMM <Ger!». N«» York via Plymouth and »'h»r bourg; 10:15 a m, Kale«rtn Auxunte \ U- toria (Ger). N*w York via Plymouth an-1 Cherbourg. Southampton. May 31 — Atrnto (Br>. N--w York via Kingston. Colon, etc. <.;iaa*ow. May 20 — uri>es»ia ilin, New York via Movilif. Marxelll»«. May C*> V«n»iia (F*r>, \> York Tla Naples. ..* .- KaplM. May SO. 1 i a ■▼•l«aa (Ital>. r'ulladel phia and New York. Genoa. May 2*»— [Mtra Je(t!l Ahnizrt t ttaT>. New York via Naples; Platea ißi Gilvest^n Mi Norfolk. ■•.ron^l. May 2S — Brart .Br>. New York. Dunkirk. May 2S — Chtverstono (Hn. New York via Havre. • - Fish guard. May 31. •.*• t» m--(^impanl:< (Br>. \<*% Tork for Liverpool tand rro<.-»etied». Ch*rb..ur^. May 30. 1 p -Kronprin* « C-^-it'e <G«r». Ne-w Ycrk via Plymouth fr>r Pretiir^ i and procee«!e<l>. Breni*B, May 2S». M p m— •;r<>^«»r Kur'iiMt "J»r>. N*w York via Plymouth tnd Cher bourg. Victoria, Brazil. M«v 2*— Gr#<-lan Prtnc* (Brv KM York via P»mamhuc<\ •' Par*. May 20 — Clement tPr-. N»w l#rk vk» Ba«*a4sa - vti I I'i«>m»r> May C*—Lis!Wibon »>J*r> New T<^ri ( Patras. May £."» Patri* iOrk\ New Y.-rk I Palermo. Mar 2*--Eus«nl:» > \<nn> (from Tri*«i»' New York. Ornoa. M»y .7 — I.aziit iltal>. N>w York. Naples. May 37--^an Glorylo <It»l). New Tork; 2Sth. T<*ormln« i Ira! N<*w York. i Hamburs May Z>, 11:30 a n*-rennsjlvanl<» I (Cl«r). New York. Palermo. May 29, S p m—Necknr lG«r> ((r4ia C«»>» «"4 »;»elu). New York i Suppose you heard of a placl ; where you could not be stung *i this Summer! How quick you'd look into it Si That's tlif way our clothii^j ! business has grown — men hear^ that our policy makes it impos sible fof them to be losers, or to^ stay dissatisfied, if we know it/ T \V»' take rar»* that our clothes^ are so attractive that they clincfi|f the business on«-e it starts oush way. Spring suits, «SIS to $Jls. At J^nrrra St. S»lor« «nFT. Fifty-odd travelling bagsan<f J suit cases — the more expensive qualities, at considerable reduc- I tions. Discontinued patterns. About half are black bags j formerly $b* to $7 — now $4.35. I B. ogees Peet lV Company Thr-e Broadway Stor-s at at »♦ Warren st. 13tb st. 34th st. AMUSEMENTS. I xtw YORK'S iMiuM, mtATm. PIWPIRt ffway and 4Oth St. Eves. 8:20. CmrirWL Mats. To-4%v and Pat.. 2:1? LAST 4 NIGHTS g~\ /f. AT? fT» r< MATINEE TO day. I /IS I f ALL STAR CAST in *» »-* * *-* fifIRRIPJf 35£h Sf . nr. B'way. Ev«. 3:30. UHnniUIX Mat , To-day and Sat.. 2:13. "Rollicking Com»dv well acted." — Herald. Hanrv Miller +$spssr llCllaj IlilUC! BAND'S TVIKC U|inCn.M ■""• 44th st - nr B> * ETe».*:tX nUUOUrt Ma »,. To-day and Sar.. 21T4* 1 The Spendthrift gg£g CRITERION SaT^^^^rl?;; FHAHCIS WILSON JS&fiSR. MICIEIISCEER To-<iav and Sat.. ?. SEASON'S MUSICAL •OMEDT TRIUMPH. Musiral rotn»4y, THE MII I* IHMW CHARIKs I»F1.I IX.M [ 'l»«|«iWT Ol*ri3C B'wav & 4*th St. and ••«<»•• ULUDC Last 4 Nights. }ta TIIE GLO Evs. 8:15. Mat. Sat. 2: 15. ) TOYTS. UCUU YODl^ B-way * 4>th st. B*aa nciv lUnj\ Mats. To-flax- & ?a-.. 9:l* SUMMER rRICK-». BEST SEATS SI.W». THE MtKRV WHIRL with ■ML C. — and F. r. MO<)BIT. JL_l^MW^ls^B^V^JLsißS^B^^k^^F^S^*T*W ■^^S^'^^^B^B^BBBB^bJ AMERICAN «-<* ««•. w e3t or 3-- ay. I ¥^^./\^ ! USUAL DA!LY ■fr 11 I 1 f 1 ! Mat. Oownst3irs Am. x^ v^ m. } IN' THEATRE OARDEX and OR r — ROr 1 ADIRONDACK CAMP I C\J\* JWV« { ,lEO. EVAN'S. WSI. COURTLEIGH ft CO.. FRANK SHERIDAN * CO.. M >N /MIT.' MOOUE. AI>EI.AIDK & DAN'CEj Othrrr t S^* NEXT MONDAY-! i CHANTICLAIR THE BARNYARD ROMEO GREATEST >EN>aTl<">n- - ETi-ER BRi'l'tJllT TO THIS COCNTRT. WTTH THE FOLLOWING ALL-STAR TAST: €HA>. J. HOSS CHANTICT.AIR MI//I HAJOS HEX PIIE.V*AVT NELU MA YIIETV «:oO*r. SIDNKY <.KA\T ME f %T BARKY I.I'PINO TilE DOO i MAY I.RAY THE >t.%«;n« BIIXF*: TAYLOR TUX FO\ KERTKCDG VAN DYCK TIIE >WM IIAZEI. AM.EN TIIE SP\KKOW HK>KY COOTE THE H\KB .-.»»— PRETTY GIRI.S — 5« -T'" L AM) It OTirEK BIG ACTS. SEAT SALE OPE\S TChOAY In order to avoid ticket* falling into hanH* I of •>pe<rulator*. the niuiiancnirnt rraue>t« the ": earliest possible purcbasv of **«kt« for t haal^ cluir. S{g.W&.THE MIKADO OaoINU THJ- VIIKADO All st«r < ;.*t. ■■*»-» - I I PK i-4. LFV liriKirinuy Theatre. 41st & By. Sat. Eft- * The Summer ftidowers* I !^ rJ2Sft. LYHIC. 42<J.W. of By $1.50 Mat.Tot!ay.2:ls A!! Star Jlw THE DrUMAW Evks. S:ls. June l»* Wolf llopper. A Matin»w Wei. HACK KTT. TUC PITY 3o Mt -Ton* w. 42. w. of ■■-. Islfc Ul !li vht week. I.«k Fl"!',!s' Herald •♦«.. By i Xi. Evga.!»:ts. $t.OO Vat. T. ■-,' i Women only a<imltt*-i. ■MARIT. DRt>M.KR — TIIHg;^ M|btman> l»al»'». E*y ibo. Kv.B-.CO. tXm*.T*-*M?Xtjm. DeWolf Hopper : i?nS2s2tJE; Last Week Her*. Next W*?k. Lyrrcr TV.ea. ACTfID R ' y - 4 " >th st " Ev - H:lv Mats. Wed. Ad I Vili Sat, 5:15. To.iay Mat.. i.«c- fl.."Ufc il : sSi? SEV_EH_DAYS. ACADEMY OK Ml>IC. Prlc»» i'ic to $t.O* Ttmn nUOL OliifSL honi. La«t*. NO PKKFOIOIANCE ON s.\TI RDAV. Las' Rarsrain Mat.Toila>. 25-iOc. \.\li J?at. <«cal M..mlv» M;ht || Hrn^Ct at t>ne Pfrfrn'm-f only. II \rtor->' Fqckl. SOTHERH-MARLOWEia HAMLET ; S»ata «$2 to 2T»r. » now «••■ ma WallacV». Kv.H:l3. Ma:i,To-dav~4 Sat. 2:tijC HD UIIQUCQ Ula« Ummr Time*. _ *_?? HunriLn A»a* Jimmy Val«mt<i»» Ani nuiii nr.« r%s r*i liULUNIML jwalti.- tSo IMOm Knasvr. i **!»•» ily Mat. ZSe.iJa'n? Courthop* &. Co.. ?_!*.'•-. ' '■■ nattDDI I mcivtyre & ntiin. ALnflniDnflj Dlnk^lsplora Chrtatmm* ! a ilv Mat.2sf. I World A KinK»tt>n ft ot>* viIMERSTEIN'JJ DP DC *nJ Daily Mat?. 4 a"*Dwuy. nuwr in Victory Vme X « Bur>9qu*>. •* Geisha Girls. T*» ■<■ •• Bla^-^'jKdjwaj^s^ohooJLßoyji^^irl*^^^* iTrl AYE. I 1"I 1 " " THOMPSON X DODYS LUNA PARK The p»rk th-t made \OW OP F > 1 the mom f»ir»..u» " . — CONEY Wl-IMVS GKE.VTER F% F.KV T*KK IKON BIT THS CCZ^ t^J*'"^^ |_ OrEX TO-I>A\. ***** SMnit'Jzu. Japan, May £>— African Prtscs (Bt>. New Tork. __ . St Mieh»ers. May Si>— Magialana. <Br> ifronj SouthHmptoni. Barbados. Colon. «te. ana N*w York Si Lucis. M3v 29— Arzhantatan (Br> tfrotJ! Aa*»* fafta»ta. <?tc>. N«w York - — - C«V«ttt. Mar '."►— Swari tßr>. Boston aa<S srt XotX. PASSED -.- Vshart. M»v 31-Atr»n> »ErV -TVm-Tez\ v 1« Kinsr«on. Colon. «te, for SoutYamptso. AnJ*r. M.»v ::i -• Rotenfe's vGer>. New TcrV xVa Curtail tor Taiu Bar