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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, June 01, 1910, Image 14

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Gerbracht and Bendemaqei Law
yers Blame Him.
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.
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.
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.
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
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
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.
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".
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
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.
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'*
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.
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
WH>NBSDA¥. $iV&tystfll fEXtttfiftt. '' inl<V
Big Break Follows Close of Way
Deal Without Squeeze.
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
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
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
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
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.
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
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, -.
To Raise Its Commutation and
Trip Ticket Rates on July 1.
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
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
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."
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
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.
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.
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
Stern Brothers :
direct attention to their exceptional faci'itif- K> lk«
Dry Cold Air Storage
in the most modern and approved methods with insurance against
damage by moths, theft and fire.
During the Spring at Special Concessions from Regular Rat«.
Estimates Submitted and Articles Called for Upon Re-i'test.
, , __ j *
During the Summer. No Extra Charge for Storage.
West Twenty-third Street
Dry Cold Air.
G. G. Gunther's Sons
EstabUsb*d IS2C,
Eighty-nine years' experience in tb9
care of furs.
Telephone 72«0 MadJscn.
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
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.
Sunrlso. 4:32, sunset, 7:24; moon rl*es. i 15;
moon's age, •■"?.
A.M. P.M.
Sandy Hook 1 •-*- 2:10
rjovernor's Island 1:31 224
Hell Gals 3:il * l *
TTi* Teutonic, reported a* 710 miles cant o£
Sandy Hook at 8 a m jesterday, is (^MMI lo
duck tomurruw tu-eiioon.
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
•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.
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
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
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
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
Port of New York. Tuesday, May 31, j
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,
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.
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).
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
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
■•.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
Victoria, Brazil. M«v 2*— Gr#<-lan Prtnc* (Brv
KM York via P»mamhuc<\ •'
Par*. May 20 — Clement tPr-. N»w l#rk vk»
- 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
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
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
Discontinued patterns.
About half are black bags j
formerly $b* to $7 — now $4.35. I
B. ogees Peet lV Company
Thr-e Broadway Stor-s
at at »♦
Warren st. 13tb st. 34th st.
I xtw YORK'S iMiuM, mtATm.
PIWPIRt ffway and 4Oth St. Eves. 8:20.
CmrirWL Mats. To-4%v and Pat.. 2:1?
LAST 4 NIGHTS g~\ /f. AT? fT» r<
ALL STAR CAST in *» »-* * *-*
fifIRRIPJf 35£h Sf . nr. B'way. Ev«. 3:30.
UHnniUIX Mat , To-day and Sat.. 2:13.
"Rollicking Com»dv well acted." — Herald.
Hanrv Miller +$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?;;
MICIEIISCEER To-<iav and Sat.. ?.
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*
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
GREATEST >EN>aTl<">n- -
i MAY I.RAY THE >t.%«;n«
.-.»»— PRETTY GIRI.S — 5« -T'" L
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^
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*.
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.
; 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*» ■<■ ••
iTrl AYE.
I 1"I 1 " "
The p»rk th-t made \OW OP F >
1 the mom f»ir»..u» " . —
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
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

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