New-York tribune. [volume], June 08, 1910, Page 16, Image 16

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16
RUBBER ROAD SNAPS BACK
New Haven Line Promptly With
draws Mileage Alteration.
SAYS IT WAS A BLUNDER
Com!r.utpr? Retort It Was Delib
erately Planned — Prosecu
tion to Follow.
"The rubber railroad" Fnapped back yes
terday, according to officials of the New
Haven road.
The elasticity of Mr Mellen's line was
;ch that the stations between TVoodlatvn,
K. T . and Stamford. Conn., which the new
time tables placed about two miles fur
ther from the Grand Centra] Station than
they were on Jiine 4. were acknowledged to
be the same old distances from New York.
Although all the distances in the new
timetables of Juse •". were carefully figured
to the tenth of a mile, as "Mount Veroon,
15.7 m'4es. the following statement was is
sued from the offlces of the railroad com
rar.y yesterday: . .
"The char-pc of diFtance shown in the
folder is due to a senseless blunder The
company has not made any alteration in
Its 'mileage tables, and the publications in
dicating this are now being corrected by re
issue. Th* erroneous distances shown have
m bearing whatever upon the rates . re I
cently changed."
Reduced to an Absurdity.
This ingenious syllogism, which may have
been relied upon to reconcile commuters to
the stretching of the railroad, has been dis
covered . ' .
The more we, ride. the greater the fare.
But the greater the fare, the less we ride.
Therefore, the more we ride, the less we
rise.
Some commuters 'refused "to accept the
company's explanation and insisted there
was £ serious reason for making the rail
road mite longer than it realy ought to be.
One arg-iec that the changes in distance
could not' heve beer, due to a blunder, but
must have been" deliberately planned, be
cause a Norwalk commuter, he said, was
told two weeks ago by his station agent
that ihe '.station would soon be two miles
further from New York.
Hugh M. Hewson, who represents the
TVestchesjer County comm'-ters, made this
statement: '."..
•The distances published in the folders of
JOB* 5 were, deliberate falsifications by the
ra:i roads, and this can be proved by ref
erence to certain data. I will prosecute
the New Haven road for each collection of
excess mileage, of which there were many
cr. June 5 and 6. Under the state law there
it a penalty of m for each offence It the
road' is mulcted a large sum it will be its
o.va fault.' 1
Another commuter, a prominent New
York business man. said:
Quotes a Conductor.
■It was'~a skin game all through. One
conductor told me that after the new time
tables were issued he was instructed to
•take .mileage accordingly." The mileage
•are to New Havt-n before the road ' was
ttretcbed was $150;. last Sunday 5155 was
collected from ore cf our men.
"Furthermore. 'while the railroad claims
to be paying more ■races, it if actually
paying some employes, who are forced to
make shorter runs, much less than for
merly."
A committee of the Local Improvement
League Of Sound Beich. Conn., v.ill present
to the Interstate Commerce Commission,
•with other data, a comparative table of
commutation rates. Part of the table fol
lows:
Sixty-
Trip
Railfoaa Station Miles, ticket.
La.rkawar.fta ... .... Morris PlaiCE .. 32.1 57.5
Crystal I^ake. . SI 4 7ft
frle * Buffers • 31 '■< <■<«>
Lt-hiph Bound Brock. . . S3 1 £
>. w York Ontral . . . Ilarraoa 52- 7 633
:-<•«• Haven —
<">!d rate Sound Beach .. 81 4^ 5.5
New rate .i-cuad Eeath: . 31 .- 1050
A new public service commission bill,
which has SOjpe •"teeth" in it • and -will
be introduced at the next .-ion of the
baasectfeat Legislature with the back
!.-.£, of the State .Business Men's Association
2nd many bcarda o£ ' trade, -will be .ex
plained to many commuters next Thurs
day e\csirig.at a public- meeting in Bridge
rort by William L.. RSTifOffl. a New York
lawyer ast-ociated *'jt; WUl'am M. [vine
Large Powers Proposed.
The big provision of the bill, which goes
farther than the New York law or Presi
dent Taft's proposition is thai if any
complaint as to service rr rates is pre
f-f-nted to the commission it may be in
vestigated by the commission without no
tice to any one or without a hearing and
the commission may s*rve notice of its
decision baa the party at fault for com
pliance thereto.
Duncan Edwards, of ■ Greenwich, a. New
York lawyer: stated last evening that a
committee of the Greenwi 'h Eoard of
Trade had drafted 1 letter to the Inter
state Commerce Commission stating the
position of their commuters and requesting
a hearing.
The State Railroad Commission -of - New
Jersey received yesterday a petition signed
by five commuters on the Lackawanna
Railroad, requesting a public hearing on
the .proposed increase in commutation
rates-. The commission will take the mat
ter up with Governor Fort The Governor
intimated that he thought the state board
might take some effective step.
• RAILWAY HEN SUBPCENAED
> T ew Jersey Commission to Inquire Into
Higher Fares
Trenton. N. J.. June 7.— Following a con
ference with Governor Fort to-day, the
State Railroad Commie^U n Sssced s-übpesnas
•on the pa^f*n?•er agents of the Delaware,
Lsckawar.r.a & Western the Pennsylvania
Railroad, the Central Railroad of New Jer
l*jy anQ the TElrie Rs:!road to appear before
th* board at the gtate House. next Tuesday
:o give testimony in the :r:\ estimation which
the commission purposes to make ir;to the
rsjased railway rates.
This action is tlie result of the petition
received by the commission to-day, signed
by five commuter? o: the Lack* warn: a
Railroad, aj-kin?' for v public hearing on
the question. The commission Is' without
power t-i fix rates, and can on!y recom
mend tr.e making cf rates. The Governor
end Attorney G«.ne'-al tv:'! aid The oornrn's
i:oa :n the iTJVf^ticctlen which will be
miicie.
PICTURE THEATRE MEN HELD.
Twenty children. 'm^M of them gnls,
■wV.ose £.ces ranged from ;-*-v<»n to thirteen
year*, appeared before Magistrate Appleton
In Jtfferson Market co' Jit yesterday after
j'.oon as w:tne£S«s against fiv*' prisoners
-.rr.cloyed in Eighth avenue and Sixth aye-
Light Your Hew House from
MILLER FIXTURES, 1
ELEGTREG OR GAS. ' I
'hey ire WtL v.zee, beiv*;fu.' gcocs.
Oui variety inr laics »1! MM" for liphtins
- - dw-Hltrs- ir.J public building*.
Corr.e and stc '•€ goods. Ge our pr cc. j
" Etta&3£*C 18*1. W« rr.ake r«Ilibl« goods.
ED WACO MiLLEK & CO., SO Warren St. {
* "iSTiilit 'i note ot our :-tse "' 1
nut mo\-inp picture theatre? who were
charted with having admitted them to
the daces. The prisoners were Maurice
Mifhal. door tender at No 407 sixth ave
nue: Fortunato \>zzoll. ticket chopper at
No 352 Eighth avenue: John Burke, door
tender at No. 125 Eighth avenue, end Will
iam ThomDFon. ticket chopper at No. 389
Eighth avenue. The arrests were part of
an extensive crirsade against these theatres
at the instiration of Mayor Gaynor Magis
trate Applet on held all five prisoners in $500
for trial
MORE SIGNS OF SANE 4TH
Court Upholds Refusal to Issue
Permits for Sale of Fireworks.
The young patriots who every year on
July 4 celebrate the day of this country's
independence, sometimes with unfortunate
results, received another jar yesterday,
when Justice Erlanger decided that Fire
CommiSKior.er Waldo was within his lejral
rights in refus'ng to issue permits for
the sale of fireworks unless certain speci
fications are complied with. This means
practically that Mayor Gaynor j plan for
a quiet Fourth will be carried out unless
the Appellate Divison of the Supreme
Court reverses Justice Erlanger.
The decision handed down yesterday that
put a quietus, as It were, on the boisterous
patriotism of the New. York youth was a
refusal by the court to issue a writ of
mandamus to compel Commissioner Waldo
to issue permits for the retail sale of fire
works The application for the writ was
made by several retail dealers. In refus
ing to issue the writ Justice Erlanger
called attention to the resolution adopted
by the Explosives Commission forbidding
the Issuance of permits- for the retail sale
of fireworks in dwelling or tenement houses
or stores not equipped with automatic fire
sprinklers
Justice Erlanger called attention to the
unusual number of fires resulting from the
setting off of fireworks, and expressed the
opinion that the resolution was a sensible
one for the protection of property. He
said that Commissioner TValdo had exer
cised a wi^p discretion in the matter, and
that the court would not interfere with his
power
DECISION UPHOLDS WHITMAN
Court of Special Sessions Over
ruled by Justice McCall.
Justice McCall dismissed yesterday a writ
of habeas corpus ■ obtained by Joseph T.
Burnt, a chauffeur under arrest for speed
ing, who maintained that his second ar
raignment in police court on the discovery
that he was charged with a second offence
was illegal. The decision of Justice Me-
Call supported the contention of District
Attorney Whitman in his prosecution of
second offenders. The justices of the Court
of Special Sessions refused to accept the
District Attorney's view of the law. The
latter contended that a person could not be
arraigned . before them • charged with a
greater offence than was charged in the
police court
Burns had been once convicted for violat
ing the speed law. When the papers in his
second arrest -reached the District Attor
ney's office the prior conviction was dis
covered, and he was again arraigned, this
time charged with a second offence. It was
because of this proceeding that he obtained
the writ of habeas corpus. Justice McCall
said in his decision:
"One reason which should necessarily
carry with it force to reach this conclusion
is that if the contrary _ should be held the
situation would present itself, that with
the established fact recorded that the re
lator is a second time offender, through the
original proceeding and the attitude as
sumed by the Court of Special Sessions in
its ruling the District Attorney could not
brine that fact to the court's attention"; and
if this writ were sustained he would be
powerless to take any steps to . establish
the fact by a rehearing and arraignment
for the greater offence, a condition which,
established technically, .it seems to me
would simply be intolerable."
The decision •of Justice - McCall will af
fect about one hundred cases now pending
in the Court of. Special Sessions, and about
seventy-five more wherein the District At
torney has been waiting to rearrest to make
charges of second and third offences.
PROF. FECK SUES FOR SIOO.OOO
Alleges That Published Poems Were
Taken from His Copyrighted Book.
'•Action has been begun in a $100,000 dam
age suit against 'The Ne^v York World'
for its publication of the poems of Harry
Tburston Peck, professor at Columbia,"
said David C Bennett of the firm of Ben
nett & Tappan. .No. 43 Wall street, attor
neys for Mr.' Peek, yesterday.
"Some of the,- verses > printed in '.The
World' were taken from a collection of
poems called . Gre^ystone and Porphyry,"
copyrighted in list, and printed by Ginn &
C 0.," said Mr. Bennett "The 'World* in
Its account of the Peek-C ( uinn -affair of
June 2 quote 3 Miss C'uinn as stating that
the met Peck In 1901. which was two years
aTter the poems were published Therefore,
that the poems were originally inspired by
Miss Quinn or written to her .is false.
Moreover, certain verse.- were lifted out of
their original setting, all continuity of in
tended meaning being thus lost and an In
sinuation resulting from the garbled text
which reflects on the character of the au
thor "
• Mr. Bennett also stated that Professor
Peck had denied writing the letters pre
vicji'.y published in "The World." ' .
TV/O SOCIETIES LOSE BEQUESTS
Unincorporated at Time of Wills Sig
nature, They Cannot Profit.
Justice Giegerich handed down a decision
yesterday in an action brought by Will
l.-'.rr. Bel] Wait. jr.. for the construction of
the will of Miss Theresa Barcalow, d
which he was executor. Miss Barcalow.
who was secretary of the Theorophical So
ciety, died on June 12, IMS, leaving bequests
to several societies.
The societies mentioned by Miss Barca
low in her will were the Society for Po
litical Study ol New York City, the Wom
an's Health Protective Association of New
York City, the Sorosis Carol Club and the
So«i«ty for Providing Evangelical Litera
ture for the Blind. Justice Giegerich said
that Mi. c s Barealow meant the Ladies'
Health Protective Association, and that
tie latter was entitled to accept the be
quest.
The <ourt decided that the Boroda Carol
Club and the Society for Political Study
were unincorporated a' trie time the win
was made ani could not receiv* the be
quests.
WEDDED BRIDE" IN HOSPITAL
Nathan Folwell, 2d, Football Player,
Married Sick Girl Here. •
IBy Tt!«>praph to Th« Tribune. 1
Philadelphia, June '.— Announcement iras
mad<- to-day of the marriage on Monday in
a private hospital in New York of Nathan
Folwell. :'d. a noted football player of the
University of Pennsylvania, to Miss Mar
pueriu Mac Donald, of New York. Father
Forbes performed the ceremony In the pres
ence of the bride's parents, her sisier. Miss
Kdna Mac Donald. and William H- FolwelJ.
the bridegroom's only brother.
Card? for an elaborate wedding were
about to be fer.t out when Mies Mac Donald
was taken ill with typhoid fever. M!*»
MacDoaaVL who la mil! m, was sufficiently
convalescent to go through the wedding
jerv:c^. •-■"« -
WEDNESDAY.
PARR 10 GEI A MOIETY
Quarter of a Million Likely To
Be His Reward.
AMOUNT UP TO MACVEAGH
Spitzer Says Steel Spring Would
Never Have Been Found
Except for Him.
Richard Parr, acting deputy purveyor,
who as Treasury hgent made the raid on
November 20, 1907. that caused the dis
covery by him of the steel spring used in
scales on the Havemeyer & Elder docks.
In Williamsburg. to defraud the government
out of millions of dollars of duties on sugar
importations, is to be rewarded under the
moiety act. George W. Wickersham, the
Attorney General, has approved the claim
that was filed by Mr. Parr on May 24. 1909.
Franklin MacVeagh has Mr. Wickershams
opinion and will act upon it soon
There was much speculation as. to the
amounc of the award. The actual sum
recovered as the immediate result of the
RICHARD PARR
Who may get $250,000 for hi? sugar revela-
raid and the evidence gathered by Mr.
Parr subsequent thereto was $2,135,486. The
moiety act says that a Secretary of the
Treasury may give to a discoverer of fraud
and a seizer of the goods 50 per cent of
the amount recovered, or less Mr. Wick
ersham's opinion declares that Mr. Parr
was the discoverer and seizer. The acting
deputy purveyor could thui; be paid, un
der the law. $1,067,743.
Mr Parr was seen at the Custom House
in the afternon yesterday. He would not
talk about the report, which had been re
ceived from Washington in the morning.
but when asked what the amount of the
award was likely to be. he said :
"The matter of the amount rests in the
hands of the Secretary of the Treasury
and I have every confidence i>: hjs fair
ness."
Associates of the acting deptuy surveyor
and persons familiar .^.th awards in similar
cases said that he would probably receive
$250,000. Soon after his discovery of the
frauds Mr. Parr was offered $1C">.O"i0 if he
would make a protracted stay in Europe.
He was tempted in other ways, but stuck
to his : further investigations, the result
of which was the recovery of $635,000 from
Arbuckle Brothers, and $605,000 from the
National Sugar Refining Company, thus
making a total for the. government of $3,
435.456. (
Mr. Parr first saw that the weighing of
Imported sugar was not regular when he
was a sampler on the Havemeyers & Elder
docks. .He reported his discovery, arid
eventually, through Collector Lo?b. then
President Roosevelt's secretary, was. ap
pointed a Treasury employe to investigate.
But he was sent to other ports, and to
Maine, where he unearthed frauds. It wa.<
not until 1907. after repeated protests, that
he got the assignment to the sugar docks.
The discovery that the scales were .betas
tampered -with followed soon afterward.
His life was frequently threatened while in
William«burg, and alter the r_iid his desk
at the Custom House was opened and
robbed. . •
It waF about- a -year ago that Mr Parr
was made an acting deputy surveyor. Be
fore that 'time he had got evidence and con
fessions regarding frauds at other refin
eries and had a'so obtained much evidence
Of value in the trials. Among those who
confessed was Frederick Schwerdtfegcr. who
told of having used the steel springs while
a checker on the Havemeyers & Elder docks.
Fchwerdtfeger was a witness in the prese-ir
trial. Mr. Parr will be forty-five years oM
en June 1?.
When Oliver former do< k super
intendent on the Havemeyers \ Elder dncks,
who confessed to the perpetration of the
frauds. he^>rd that Mr. Parr was to te re
warded, rur .-aid
"So Parr is to be rewarded, is he ° He
would never have found any st«" n ! springs
if it hadn't been for me. The least he can
do ;n return la to buy an automobile from
m '
•^pitzer hac a garage in Brooklyn
Washington, June 7. — Attorney General
Wickersham has d.cided that Richard Par:
■r!ed to recover from th<^ government
the -'.noun: of his claim for information
aga;nst th*- so-called Sugar Trust
Parr? information brought about the re
- )00.000 and $4.000,0<""'>.
The rcj^?t;r.n of how much money will be
paid him is within the discretion of the
Secretary of ;he Tr'a^ury
PRINCE HERE TO STUDY
.Social and Economic Conditions Will
Ec Hobby of Royal Visitor.
Prince Mirza Riza Khan, of Persia, who
is forty-five years old and ha.- twelve wives,
allowed Mrs Charles P. Hatch, his hostess,
to lead him off the Kaiser Wilhelm der
Groase yesterday afternoon by the hand.
The prince is Persian Ambassador to Tur
key, but Just at present be is on leave of
afc^ence. and Intends spending three months
studying th« social and economic conditions
of the United States. Us explained that
his official position made it imperative that
be maintain a dozen wives, though he lived
with only one. The others he kept in gen
erousj comfort in his harem, he said, but
seldom saw them and had nothing to do
with them. While in the East be will visit
Charles P. Hatch ar* the latter's home.
Plum Beach Farm, Port Washington, Long
Island
CORONER'S CAPTOR TRANSFERRED
Commissioner Baker issued an order y.- -
terday that all police sergeants desiring to
be assigned to mounted duty shall submit
application] at once. Some of the "oil
timer?" consider this order as a/i attempt
to get at the "ah rkenf among the ■*•"•
goants and weed them out c-l the service.
The Commissioner, however, says that th«*
crder was given out merely tor the purpose
of getting men and officers for the mounted
sQuad.
Lieutenant Timothy J. McAullffe, who
was recently fined thirty d/tya' pay for plac
ing Coroner Schwannecfce under arrest, wjs
yesterday transferred to the Winchester
police station. This is ..••.■it' PoM •
Headquarters as an official punishment.
KW'l)otfs 9&i6tnw.
SUGAR SUMMING UP NOW
Taking Testimony on Both Sides
Is Practically Completed.
TELL OF "LIBERAL" WEIGHTS
Witnesses for Defence Called to
Explain Why Heike Didn't
Know of Frauds
When the trial of Charles R Heike, sec
retary and treasurer of the American Sugar
Refining Company; Ernest Gerbracht, for
mer superintendent of the Havemeyer &
Elder refinery in Williamsburg, and James
F. Bendernagel. former cashier, was ad
journed yesterday it was on the eve of
completion. Counsel for the government
and the defendants said that ten minutes
for each would close the, taking of testi
mony. The summing up would follow. But
the case may not go to the jury until to
morrow.
The four weeks of the trial had not made
their impress on Heike. He was sternly at
tentive, as usual, to the technical evidence
which marked the day's proceedings. Ger
bracht—short, rather stout— had the ap
pearance of a man in great suspense. Ben
dernagel. who escaped on a disagreement
of the jury at the December trial, seamed
rather indifferent.
Counsel were at nervous tension. Judge
Martin, who heard the last case, was not
as calm as usual. As for the jury, there
was no apparent difference from the day
the twelve men were sworn in. They have
enjoyed exceptional liberty when not in
court. To all appearances, they have not
been under surveillance.
From first to last the day was a fight for
the liberty of the secretary-treasurer of the
company. "Liberality of weights" was the
burden of the testimony of the witnesses
called by the defence to show that it -was
because of the government weighers' repu
tation for registering lower figures than the
city -weigher? that the differences due to
fraud did not attract the pretesting atten
tion of Heike.
Spitrer Explains Discrepancies.
Oliver Spitzer, who came up from the
federal prison at Atlanta to confess to the
frauds on the docks, without promise of
pardon, was ranging up and down the cor
ridor. Newspaper men who had interviewed
him after he had testified in the trial were
called to tell of the talk with the ex-con
vict. Meeting a man outside of the court
room. Spitzer said:
"I wasn't under oath when 1 talked to
the reporters." .
This was said to explain the difference
between his testimony and the substance of
his interview.
Henry L. Stimson, the special prosecutor
for the government, reminded the defend
ants' counsel at one time of the fact that
several men were under indictment for
short weighing on the Havemeyer & Elder
docks after the raid of Richard Parr In No
vember, 1907^ and that he would go into this
phase of the case if a certain line of ques
tions was not dropped. Edward Foster,
auditor of the company, was on the stand.
John B. Stanchneld, one of Heikes coun
sel, got Foster to say that there had been
several examples of "liberal ' weighing on
the docks since the raid. Mr. Stimson ob
jected to the evidence. Mr. Stanchtield went
on to develop this lead, when the special
prosecutor said, abruptly:
"If this examination i? continued. I shall
show that since November 30. 1307. there
have been at least three violations of the
customs laws on the Havemeyer & Elder
docks. Mr. Stanchneld ha? opened the way
for me to do this, and 1 shall if this line of
questions is continued."'
"I don't c-ire." said Mr. Stanchfleld, with
deliberation, "whether the weighing was
fraudulent or not; but the question here is
■whether Mr. Heike. sitting in the secre
tary's chair in Wall street, was cognizant
of these frauds or not."
Joseph A. Ball, assistant treasurer of the
Philadelphia subsidiary refine, ies of the
company, was the nrsr *itness to testify to
"liberal" weighing by povernment em
ployes. He said that the reason for the
practice wa? a sort of reimbursement of the
company for the expense of the city weigh
er?. George Hanchc-tt. a mechanical en
gineer, testified that scales were not in
fallible, and. examining The government's
charts, declared that they were full of in
accuracies
Mr Kanchett had a chart of his own
which he believed to be al! that the prose
cution? chart was not Under cross-ex
amination he modified his positive testimony
rr an extent. Fritz Reidgman. another en
gineer, said that Mr Hanchett's chart was
about right.
Ignorant of Weighing . Conference.
When Frank Sehaffer, of the Hugh Kelly
Company, sugar brokers, was called to tell
of the "liberality" of the government
weights the harping on the alleged sacri
fice of exactness in weight got Mr. Stim
scn.to take the witness in hand sharply.
The prosecutor asked him whether he had
heard of a conference between Collector
Stranahan and sugar importers in* 1903 to
settle the differences of weight Mr. Schaf
fer had not. he said George Graham, ori'
of Heik* s counsel, objected to that line of
inquiry.'
"You put a witness on the stand to prove
that the government's weights were liberal."'
Mr StintSOU said hotly. "I am asking him
about a conference to find out whether his
evidence 1? "material. A witness "not know
ing about this conference is not competent
to testify about a liberal system of weigh
ing."
Mr. Graham took the witness into more
testimony about "liberality." and then M.\
Stimftoa asked :
"The largest part, the great bulk, of your
business Is with the American Sugar Re
fining Company. Is It not?"
Mr Sebaffer looked at his counsel, but.
getting no help from that source, said that
it wap. -
"That is all, ' Mr. Stimson snapped.
There was a clash when. Mr. RMchman
was recalled. He was a-jr-d by Mr. Stanch
field whether the state did not allow for
differences in the weighing of coal. The.i
as an objection, the court said something
that could not be heard, and the counsel
for Heike read the Dumber of the chapter
and tbe section of the statute. Mr. Stii.i
son threw up his hands and said he with
drew his objection, as the counsel had doi:.
what be had net out to do, read the statute
number.
Mr. Stanchfield made a warm protest, i' -
daring that the remark of Mr. Stimson was
not fair. Judge Martin said that he though?
it was, as he had t#id. and that he would
take Mr. Stim^on's objection under consider
ation. The H'ik'- counsel explained that he
had not heard the court's remark, and of
fered tt* have the records cleared of the al
leged offence, but his reading was allowed
to stand.
Before adjournment testimony was put in
to show that Oliver Spltier had deposited
in tl<« Prospect Park Bank lor Ms rag*
?•;•".. 7 •! in on year, and a stenographer di,,
UChed to th« Brooklyn federal courts rra-1
fi«>m the minutes of the Krun<l jury before
which Oerbfacht appeared in 190S that the
latter had b"Cn told he need not testify.
Gerbracht hi 1 said that hp hail not ,„•, : ,
warned. The trial will continue '•■-'.!' '
QUITS STAGE; BACK TO FORCE.
Charles Murphy, better known as m■;.
a-Minute Murphy" became >>f hfs riding a
bicycle behind a train at .1 rat- of a mile
■ minute was reinstated in th? Police
D<?Daitin n nt yesterday by Commissioner
Baker. Murphy resigned about eijht weeks
ago to go into vaudeville Murphy was as
signed to the Madison street station. .
jtve ». i9to.
DENIES ALL WIFE »
Wheeler Admits Oniv Abandoned
Former Comic Opera Singer.
REFUTES IDEAS OF WEALTH
Cross Affidavits in Separation
Suit Trace the Troubles of
Well Known Couple.
Th^ cross affidavits of Mrs <~"laud!a T
Wheeler and Albert Gallatin Wheeler. Jr.
her husband, whom she is suing for a sepa
ration on the ground of cruelty and aban
donment, were filed yesterday in the Coun
ty Clerk's office. Mrs Wheeler was for
merly Misg Claudia Carlstadt. a comic
opera prima donna
She married Wheeler in March. IMt H*»
is a member of the New York Stock Kx
change. a member of the brokerage firm of
J. B Russell & Co., a member of numerous
clubs in this city and In Chicago and inter
ested in various enterprises which, accord
ing to his wife, yield him an income of
$1:5.000 a year. This statement is challenged
by the husband, who says hi? income is
only $15,000 a year. Mrs. Wheeler ask'd for
alimony of J20.«00 and $!0.«v» cour?el fee*
the court awardinz her %IW> ai annual
alimony and $1,500 counsel fees
Mr?. Wheeler says that her husband
abandoned her on March •> last without
cause or reason. They were li\ ing then at
the Dakota, where they paid $20,000 yearly
for their apartment. Subs r quer%lv. s
the plaintiff, agents of the defendant we it
to her hone and made an unsuccessful ef
fort to obtain possession of the . ontents of
the apartn'-nt. One of these men assault
ed her. declares Mrs. Wheeler, when st*
resisted the effort to remove her belongings
Then on April 2h. it is alleged. 5 s n res-iit
of a replevin action brought by Wheel*",
two deputy sheriffs went to the apartment
and removed everything, leaving nst *>veri
a bed for Mrs. Wheeler to sleep on or -*
chair to sit on.
Mrs. Wheeler says that s*" com
pelled to get two cots, two chairs and a
table from the servants" quartei ? of the
house. Then, says the wife, her husband
notified the Dakota management not to
serve Mrs. Wheeler any f<^od . h^ had th •
telephone removed, and he threatened to
"throw" her out. although, as the plaintiff
says. "I had no place to go."
Since her husband left her. Mr? Wh-eler
says, h* sent her $5<V and $S" f«T expenses
Incurred before his departure. He did send
a check for $40. which, he said, was to be
the first payment of a weekly allowance
of equal amount. ' But this check Mrs
Wheeler returned to her husband
"With reference to the harsh and i-rue!
manner in which my husband abandoned
me." says Mrs. "Wheeler. "I would state
that he left me on that occasion without
the slightest possible cause or reason, and
when I realized that his departure was a
settled fact I swooned away and became
unconscious, and if it had not be<=n for
the care and attention of my ma d ser
vant I doubt if I would have recovered
from my depressed and low physical condi
tion for several months. I having also been
under the care of a physician and using
every possible means to keep in health suf
ficiently good to prosecute thi.- action, with
all the incidental worries and unpleasant
ness which have and will from time to
time arise in the progress of my duties.
Since mv husband desertc-d me I have writ
ten him two imploring letters .to return,
endeavoring in every pos-Mble manner to
have him come back and live with me. bit
he has answered neither of them. '
Wheeler does not deny that he abandoned
his wife, but sets up that ho had good
and ample cause." He denies all state
ments made by his wife regarding his
financial condition, and he asserts it is not
true that he refused to provide for her
THREE ROBBERS IN A WAGON
Police Capture Two Men Whom They
Accuse of Stealing Eggs.
After a long chase and a lively struggle
in the dark streets of the wholesale prod
uce district, near Murray street, early yes
terday morning, the polke Of the Kalton
street station arrested two men on a
charge of burg;ary. In court later one* of
the men was discharged and the other' held
In $2,000 bail for trial
Thomas Ryan, a watchman employed by
wholesale egg merchants In Murray street.
saw three men in a wagon about .> o'clock
in the morning in front of No. W Murray
street, and when they backed up to the
do^,- ne decided to watch them.
One man stayed on the wagon, while the
• >ther two went to the door and opened it
with a key. They . were loading cases of
e"ggs on the wagon, when Ryan called Pa
trolmen Higgins. Kane and Kelly. The po
lice succeeded in catching two of them,
and they were taken late:- to the Tombs
court, where Magistrate Herbert held
Harry KeuUer. of No. 9J Cannon ,-treet. in
bail for examination. The other man. Ben
jamin Herkovvitz. of No 90 Cannon street.
was discharged for lack of evidence .
AIMED AT CITY "JOY RIDERS' '
Alderman's Resolution Provides Pen
alty of $10 — Mayor Sends a Veto.
Alderman Nicoll yesterday offered a reso
lution at the meeting of the beard pro
viding that al! city owned automobiles
should bear on the side the word?. ■ •'-
of New York' in black letters n<n less
than one incbr in height. The penalty for
using a city machine not 50 marked would
be HO
The Mayor sent In a veto of the resolu
tion permitting the Church Temperance
to maintain lunch wagon.* in the
public squares of the city
Henry Clews & Co. in a letter protested
ajgainai the erection of a drinking fountain
in front of their offices in Broad street
FATHER NAGELEISEN CHEERED
Dinner Marks German Pastor's Quarter
Centennial Anniversary.
The toast. "Father John, a Man— a True
Man of Old at a dinner in ihe L'nion
Square Hotel for the Rev John A. Xa
geleisen, rector <>r St Nicholas's Roman
Catholic Church, waa greeted with lusty
Germ.! 11 cheers last night The dinner waa
in honor <>t lh< priest's twenty-llftL anni
veraary as pastor <>f \Uc oMejrt German
Catholic church in New Tork.
A cable message t ; <>ni Cardinal Merry del
Val, Urn Vati an; v telegram from £re-i
<ifiit raft, iii'! letters from Mayor G
HiiO Ji.^i 1 ' • h. ot th« Supreme
Court, were i*i«i \<- ihe toaatiAaster, \"al
entine J. Paetti
Among th(=. guests were Theodore Sutro.
lie, representing Arc!
Farie\. <md Monsignor Eugene Donnelly,
of Flushing
MARINE INTELLIGENCE.
MIMATI RE ALMANAC. ■
funrii><>, 4.1*5: i-un.se t. 734 moon ♦*!», 0:07;
ny-ims as*. 3'».
HIGH WATER." j
. .A.M. r M
Sandy Hook ! »:'- S:iS
Governor's [•land S "'■• «:.'»
Hell <;atc .. .10:28 10:45
WIRELESS REPORTS.
Th» IVnn'ylvania, r*r" r!f ''' as "*'•'• cities tut
of c-andy Hook nt 1 .;•« p. m - - <-r.i ij i» ex
pecteii in dock to- marrow fort noon.
IS- I•• r miii. reported i* V '"»•> miles ra»t of
Fandy H*nk at noon yfttr&my. la eipecteci to
flfi'k on Krni«v morning.
The Oi-'enlr. reported a* JM »il>i oi.«r of
PamJv Honk ii 7:*,0 o'Hork last nl«ht. i» r X .
pcrticl in rturk this mnrnlnjj.
INCOMING STEAMERS.
TO-DAY.
v "' : from. " Use.
'-u!:a La Uuayri. May Cl Htd D
'Care?.!* ... Qtteenstowa. June l....Cuaar<J
Ster.n Brothers
"* Dressmaking
and
: Ladies' Tailoring Depts 'X
(On the Third Floor) •
Orders executed at short notice, for
Costumes, Waists, Walking Suits and Coats, -
At Large Concessions from Regular Prices.
Tailor-made Gowns, - at SO.Qj
Linen Coat Suits, *. "/ ;. " 35,0|
Riding MabltS, of Linen, Side or Cross Saddle, 35.M
West Twenty-thiri Street
•C T return .... .ChrUtUnfand. • May & *-* m
•Alle»han>-.- : . Haytl. iUy 30 '-; Ha^.J^
•Oceanic S'tnampton. June «----^ St«
• Havana Havana. » June 5 . -■ • vv W *p
•Trent ......:.... Kin^ton.- J-m« 4 . R 11 . * i r
•Santiago i..ci«nfu«gw». Jus* 1 .^a
ritta<li Mussina. Narl^f M»v 21 ..Italian
Partlienla i. Antwerp. May .1 • • • M _" p
Urotava. .-.....•-.. . Bermuda. Ji:t.<-- 4 R ___
KuKenla Palermo. May 26. .... Ore _ k
rK/.v.:v-:.?^:^3?::r.:::MS.3
S::::::::S:™.. J v*S;
Neckar Palermo. June 27. »*J*J£gZ
Taormtaa Naples. May 2» i.ii-d
Ultonla. Naples. May 2S V S^L^
I-] Mar Galvestcn. June 2 =« **•-
THURSDAT. JUNE »
•Grenada .'.Trinidad. Jun^'l . . . - "***££&
•Cherokee: Turks Island. Tun. 3 . • -W?f
Oceania.. Naples. May » A iSisaa
San Gloryio N*ple». May 2T i^iLw
Perugia L*gßorn. May 2* . . ?. An««
City of Macen Savannah. June *. . . s *\* (
Momus -New Orleans. -Mr- 4 -• "^ ?Tf
I-/v,.j(Ms Jacksonville. June « Clyde
Minnesota.: Port Antonio, June *
J FRIDAY. JUNE I<>
Li Provence • Havre. June 4 ... ...... -j;7*« c j*
Pennsylvania Hamburg. May Z>. - Hamb-Am
Ftar of -V Z*a!ar.d.Llverryi«l. May 1-9 - :.17.r
Buenos AjTes. . . . Cadiz. ..May 3O: bpanish
Glulia Gibraltar. May 2. ... ••■ • ■ ■ — t
Mr rl-!a .Hav*r.«. June T • ■■■■ ««
Metapan Santa Marta. Jun* l.ln Fruit
?aka ..Trinidad.' June 1. ■ — —
El rid. Galvestcn. June 4 so »**<■
•Brings malL . .'
OUTGOING STEAMERS
TO-DAT. .- .
: ... jiai! \ es««! ;
Vess-!. For Line closes. wills.
Lusltania. Ur«rpe«l Cunard.. .".'"> a m ono a m
Teutonic. Southampton. W 5.- CrOOam a.j»>a.m
Alte*. Azores. Austrian no a m — —
rcrmudtan. Bermuda Quebec. B:COaraM«>an
Maracas. Grenada. Trimdad. .l«Yiftam 12 mm
P Grant. Hamburg. Harr.b-Arn — r
.A!|r->n(iiiin. Jacksonville. Cl\ ie l:Mp -
IM6 Oran<!-. Galveston. Mallory 1 :•»» p in
Alamo. Tampa. Mallory . . l:f*>pm
THURSDAY. JUNE 9.
C T\ - afhlnston Bremen. NGL. 8:30 a m 10:00 » an
La Savoie. Havre. French 7:00 am 10.00 a ci
Mcrro Castle. Havana. Ward 9 00 a rr. J2 00 m
Ancon. Cristobal. Panarra.. 11:30 ax 3:00 pm
Otcar 11. Copenhagen. ?-A .- : £2 pia
Re dltalla. Naples. Italian.. — — ll:COa m
Canipania. Rot"dam. Uranium — — '
C of Savannah. Savannah. Say 3:0 Op m
FRIDAT. JtNE;iO.
Pr E Frif-drlch. Jam. H-An».'li:<V> a m l:«Opis
Ct Prince. -FMo Jan. Prince 12:"0 m 3:0 Op m
Matan^as. Tampli>->. Ward*.. — 12:<"i"» m
Ccmanche. Jackv!!!e. Clyde.. l:nr>pm
TRANSPACIFIC MAILS.
% _ Closes In N. r.
Destination and steamer. . P.M.
Ja^an. O^rea: China ivta Tacd^ia> — '
Keeimsi June 10. •SO
Japan, com China, Philippines (via
Vaneoui«.-» — Ertipre«s of India June 10, 6:30
Flil Islands. Australia. New Z*a- -
land ivJa Vancouver* — Manuka. - . . J 'jri» 12 63"
ExwAii (via fan Franeisco>— Sierra.. June 13. 6.30
SHIPPING NEWS
Port of New York. Tuesday, June 7, j
1910. *
-." ARRIVED
Steamer Bremen (Ger». Bremen May 2^. M
CMriohs. & Co. with 29»> cabin ari 1.433 steer
age passengers and m4s- A. .-:• •i at the Bar)
a- 4:47 p m.
Steamer Santiago i Cuban >. Guantanamo May J
11. Santiago 1«. Maniar.ii.o IS and Cltnfu«s«*4
June 1. to the New York and Cuba Man Ss Co. j
with iMm. Arrived at the Bar at 4 p m. .
Steamer Zu!ia. Maracaibo May 2*. rura^aft -V>
and LaGuayra 31, to FS!i.-« 4: Dallett, with '-«
DasacßSjen. mails and mdse. .Arrived at the. Bar ;
at 3 : .' .*• p m.
Steamer. Monroe, Newport News ai . Norfolk. .
to." the. Old Doinlnion Line, with passengers and ;
m^" -Left Quarantine a: 4:45 p m. . ■ .
Stramer Caronta • Br). Liverpool Miv 31 and j
Oueenstown June 1. to the Cunard &s Unt. Ltd. j
• ••' 2?7 rabin and ffl>> «teera«e passengers,
niails and nidse. Arrived at the Bar at 5:34 p m.
fUr'ampr KlKit Galvestcn' June 'l. Key. West
4. to the Mallory >» Line, with :\i«;-e n~»-rs and
rr.fe*. Left Qjjaranrfn.- at ".<•? pW. » •
Ptt-an - Sarr.ia <G»r>. !'ort-au-Pr!nc* May 21.
Kirpsron 23, Colon 23. •B'Vas d#l'Tcro Si, Port
Laniou M an.i Ina*ua June 2, to tin Hl-r!-:n-
Anßktll Lire. ■<:'.- 7 pas?fnt*rs. mails 'and
ii'dse. Arrived at the Bar at 1.2.") pm .
Stfamer Marchurta (BrV. Cj-»nfuegcs May 21 !
aivl Matanzas June 2. to .th*" Mur.son MB*, i
witij ru?ar. Arrived at the .Bar at 1:S«» © m
St#a:tier Afcr.aniytan "(Br». Iquk)iM March W. [
Ant'.f^asta April 18. Coroner 21. M«nf •■> (
May ( ; and St Lu<Ma 2>. to Weasel. Duvil' 4
Ob with md«p. Arrived at .th* Bar at 1 jj m.
?t^mtr &I Din, Gilveston 'May 1. to «he '■
S.'ir::fii> Pacific Co. with tr.ds". Left Quaran- !
tin.- at i IB a m. ' - •
Steamer Dalehy ißr>. Sasua- May 25. and >,
Oaitarlen June I, to the. Mur-ori c» "Line. t with ;
srgar. Arrived at th- Bar at 6:45 a m. 4
Steamer La <; &*<?<* iFr>. Ha^e May 2.*. '
tn rh^-Compa^nie Generile Trarsarlanttnu-*.' •with I
151 cabin and 524 stoeraje' ra = ;fr:^ers and nls?. i
Arrived at the Par at 2 a m ' ■
'Steaitoer Saramacca tOnteht. Paramaribo >fa-- I
C«. Ecrbados 30 and Trtntdad 31. to the Rnya! '
Dutch "■•?' India. Mail, with* 17 pa.«s«ncersi. 1
:.:••.•'' ar.d mMm Arrived at th** Ear at 2a m.
Steamer Chesapeake. Baltimore, to the New
fork and Baltimore Transportation Line, with
md«t?. • Left Quarantine at ft:3O am. ■ |
Steamer Comanehe.- JaclcjonvHie June 4 and
Charleston .*., to- the Clyde Ss Co, with passen
gers and me*. Left Quarantine at \<*> C") a m.
St«amcr Kaiser Wilhelm der Gross* »Ger).
Bremen May 31. >outhan-pton and Cherbourg |
June 1. to Oelrichs * C*», with "- r cabin mm
*tf3 steerage passengers. mlh and mdse. Ar
ri\ed at the Bar at 104.4 am.
Steamer El Mar. Gal^eston June 2. to the
southern Pacific Co. with m<i3e. Passed in
Sandy Hook at 10:4*. n m,
Sandy Hook. N .1. June 7, 9:30 p m— Wind
west; moderate breeze; clear; light sea.
SAILED. -'. f
Steamers Athtnai iO*««k>. Constantinople;
tearrnse .Pri. Paja. Kll*y«, 1 Br». P-.iia.le!pht.a.
Salt well ( Br>. Philadelphia: El Alba. Galveston
< ity of Columbus, Sa^a^nah. Mohawk. Charter
ton and Jacksonville; F.i-hmond. Georgetown
Jeffcryon. Norfolk and NeA-p°« News Winvah i
Philadelphia; Bf«fi» Brown. Norfolk; Fre<ierle !
A Duggair JarksonvlHe; u Z2i c E Denniwn. I
Ja.-kson\t!le: ■ Potsdam »Dutch» Rotterdam !
Kaiser Wilhelm II ,Ger>. Bremen :' Europa ,| t ;
Naples IM .Br». Baltimore .' . Cuneo \
•I«ar>. I ort AMOBto; Norrnandv. Savannah i
Baslod .No rl . Cuba; Excelsior ,Ger. Fl*"hinr : '
Antonio Lopez (Span). Ortiz Imlrachl-i ,Rrt I
Melbourne Chimu ,Br». \a!paral S^ Xor&-
Jamestown. Norfolk and Newport New Abb!
H Gheen. Baltimore William V H.^ virsinfc a ;
Lucia Porter. Calais; Chart*, r. End lcotV jack*
c^Whar^lTn L ™*^ *££
STEAMERS AT FOREIGN PORTS. j
ARRIVED •
Ma;^,. lv -T 1ah!»1 ah ! » — > n4 York. ,or!
St TSSrVSt/r.r".*- »«-••* N.w
G^K.rST r '- t -" lni » T « ii * '"'al.. New Tor, via
Tr "Na P ur' 4 ~ Argentina ,A »t,. New' To rh „a
Parr.*.;... lime ' Has—lli ,n r) -^ '..'
tor Ne« \>.rk vta KHimm
*>. • . SAILED
Ba^Blanca. June >-nn M ntf, ril ,^ ln>w
r>»mer«ra June 7 Koron»-,Q '»- "■
Hax-re. Jun^ 4-c,r(MtnJ ,r r \ v N ' w Tork - '
. '«" "— Hanu;,,;,,' xli V'' UaM ' "
Massed! ° r - : -
Klnsaie. j UCP - ._,- ... • v +\
Dublin. ' ->nin> , nr> v^ Yofk
?agre*. June 5-fu,-a a- » ' - '• ' •■
f->r Na r i, s « n .f c'tpj^"*'* Ut »'». S^lW
AMUSEME.N'fi! ~ '
liiillii
SSUffs
MOON **xw£ NOW OFEiS
Clothes are not mere &t
to the up-to-date yachtsm
They're most import**
the makeup of a well eqqja
yacht.
Correct uniforms — fort
ers, officers and crew— mai
fast color fabrics that reafc
stand salt water.
Yachting shoes
Yachting caps
Oilskins
Sweaters
Jerseys.
Everything yachtsmen
Not only all sorts of
shoes with rubber soles-
White buckskin and
canvas Oxfords with I
soles ready for a turn <
Boardwalks.
Rogers Peet & Conn
■■ Three Broadway Stem
at ' . - - at '• .
Warren st. ' 13th st. >t"i
AMUSEMENTS.
YEW YORK'S I_E.%DI>G THUS
lIiCKEIBICIEI ?..^ T^^K
SEASON'S MCSICAL COMSDT TOT
T:v? Fantastical TUT fDpif)
Musical Comedy. 1119. fltluAUlil
CRITERION 'S2r»*.^^
\?£I X FRANCIS WILS:
IS THE BACHELORS 8.131 1
HUDSON m * 4 '~
The Spendthrift £
GARRICK 35th ?t . r.r. Rtray E^J
UMnniU.\ Mat? T--<!a • * S»t :|
Moves with a dslirttfu! «*!=*.— T*»|
Henry Miller HI
yru/ • VfiD^ b ■» ay * 4-its st W
ntn lUnA Mats To-day *^-
>l MMEK PRICE- BEST *>t!
THE MERRY Vm
witfc. J.\ii.-r. MORTO> ard T. FjS
I GAIETY ■%%';£&£
i FORTUNE HUWP
NEWAMSTERDAMS^f
B«snnn:n ? NEXT MONDAY. &**,,■
FREDERIC THOMPSON GlKlii
presents his _— «
6O OF ■ I NONE OF THTM TffT
THEM ! NONE OF THEM »■
A Musical Satire of the Dr»sa»K'"
with Joseph triorn tad Maa»*^
AMERICAN «*«; **£
ROOF Mat. D 3**2
RAfIDEN aid tn y*t><
JOr'?O>D4CX CIMP Tfteatr* *•»_
INSTANTANEOUS Sli|f
"The Barnyard Romeo Win* "— HJ2j
"Full of Bright Lines. Anua»l»*J
Tribune. , m I
•Barnyard Ron Is S««n %ni c«?
American. J
"Most Pretentious. Mom UMIIITTHK
Off^rins Vaudeville Has Kno*3_-'/ rf .
. Hi- the M- .-• of Novelty ■"—&*-?„'
. 'Barnyard Romeo. Jolly '^ f» 0
"The Most Pretentious Ci!*T'.2S ■)
on the Vaudeville Stage. "— Joors*! ,
"Mi22i Hajos Pretty of Facr. rr^
ur? •— Tirr.m. - I
M:.- Hajos Charmtrz. P!SI«SSf. l J
THE BARNYARD 0
Direct from it* Biff View*
With the FoUowlnr VtifitUP
, „ x- J. RO». *}£2Jtw
STELI~\ MAYIIKW. ST PiYK itf
BAKKV E.VPINO. B! £\i r-«
«,F.KTRI DF. VAN DYfR — 4 !J
MLLE. LO B^i^JRTISTS^
GEO. EVANS. R3HAMY $118^^
Broadway Thra.. 41 « B*. E \-^,*
The Summer Widowers ■ ;
CASINO THL.Mii^l
All Mar C»»U lnCj *
I\RU »J V i*«B*C
DeWolf HopperJ^t^
Lew Fields- Henld >«-. *l*£ 9iß9 i 8
MaHIE 01ESE
COLOIUL
ALHAMSRA j
" naily Mat 250. |t»M».B^^^
dSTOfi ....-'J
orr«lr-t SEVEH3
< <m»d* 111 Jf*l LI ' I
l»?»\e»r» w""
H.B.WJHHEB^i^ I
Keith A rm«« s
STMAVt.
VjCjibMit.
v \M.MKR>TtIN > DQUr w : l^ j
rOLAtRK. Mni^ V n .^>
!•>.«.-■-,,. P*»»arns v ii- — "Z^tCR
■mi ii : i "*^g:^aw^7: <• n r
BR4« _^^^_
■^ urW . -i