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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, June 18, 1910, Image 16

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Testifies About Hocking While
Ba'iot Loses Suburban.
Financier Has to Correct an
Answer and Explain His
X Evidence.
Jsjne* R. K>*ne. whow horse Ballot Tras
the favcrita in the Suburban Handicap,
teeing run at the time, became somewhat
confused yesterday afternoon at the
-Raskins hearing before Stanley
W. Dexter, referee Considerable time had
•lap^d since his examination in the bank
ruptcy proceedings of J. M. Fiske & Co.
■» Jth regard to the short sales of the Hock-
Jns stock niasie by his brokers. Popper &
Etfrr.bach, on January 1?, the day the
Hocking pools collapsed. So when Abram
1 Elkus. attorney for Henry "D. Hotchkiss.
trustee for the creditors of Lathrop. Has
klns & Co.. asked him if he had received
from Mr. Popper his 6,900 shares of Hock-
Ing stock, he replied:
-What Ftock? I have received the money
tor it. I got the proceeds of the sale."
"Don* let us have any misunderstand
ing." said Mr. Elkus. "I refer to the stock
which Mr. Popper has testified he sold for
the account of his firm."
Sox. r>n*> penny have I got for it," Mr.
Keene aaifl, Quickly correcting his former
It has been the aim of both the Fiske
ar.d Hawkins lawyers to discover whether
air. Keer.-s, manager of both the Hocking
pools, sold these pools out and caused the
failare of J. M. Fiske & Co.. Lathrop,
Hasans & Co. and Roberts. Hall & Crlss.
Mr. Popper has testified that 6.900 shares of
Homing held by his firm for Mr. Keene
•were sold short on the day of the collapse,
but that these shares were sold not for Mr.
Keene's .account but for the firm's ac
count under an old agreement with their
customer. . although the pales were first
entered on' their books under Mr. Keene's
Keane Repeats Testimony.
Mr. Keene-, testified again yesterday that
he had .heard of the use of his stock
for delivery' In these short sales on Feb
ruary 23, more than a month after they
had been made. In the interval he had
teen Mr. Popper and talked with him two
or three timer a week, he said.
"And_,Mr. Popper didn't tell you the in*
time he saw you after the collapse that he
had sold your stock short?" asked Mr.
Elk us.
"So. TntnVFebruary 23 I never heard of
his selling &v chare of Hocking stock for
my account.'*
"That Is not .what I asked you." said Mr.
Zlkus. "I a.sVed you if he told you then
about the short sales he had made for his
own account."
"Xo." repliedtMr. Keene. "I never heard
c. word about thiem until February 23."
Mr. Elkus then asked the witness if on
Jar.vary 15 or IP Mr. Popper had asked him
to put up more margin.
"So." said Mr. Keene. "My account was
IB good shape. I had a margin of $550,000
or J7W.000 over and above the market value
of the securities if they could have been
sold at their market price at that time."
"Did Mr. Popper say to you that he was
afraid you couldn't make good if called
■"I do not think he ever did and I do not
ink he would ever dare to."
"Neither do I," said Mr. Elkus, where
•upon Edmund L. Mooney, Mr. Keene's
i* mil. interrupted with a strenuous ob
jection to> such comments, saying that they
vould be telegraphed as far as San Fran
cfaco and lead to erroneous and injurious
Interpretations, Mr. Elkus immediately
vithdrem- his comment, and Mr. Keene
was inspired to soften his reply touching
upon Mr Pepper's bravery.
The questions following turned on the
form of the checks used by Mr. Keene i"
his payments to Popper & Sternbach. Mr.
Elkus wanted to know why they were
made out by L^hranche. Mr Keene's
cashier, to a Mr. Harkness. instead of to
Popper & Stembach, .and the witness ex
plained that it was to hide from Mr. Has
>.:r.F the fact that he was trading through
Popper & Sternbach.
Questions as to Checks.
"Were the Harkness checks only used
in payments involving Hocking stock?"
•I think so."
'•"Was this done vbecause you didn't want
any MB to know that Popper & Stern
fcach wen selling Hocking stock belonging
to you to the pool?"
"No," said Mr. Keere. "It was done with
the idea of keeping my dealings with any
■brokers from leaking out to the public
through the banks."
In answer to another question the wit
reps said that on January 17, 18 and 1? he
•was short of some stock through previous
■Bis* but that, taking together all the
Flocks he held at the time, he •was long
tor* fifty thousand or sixty thousand
chares. Mr. Keene protested at different
times during the hearing that his connec
tion with the Hocking pools was absolutely
rraightforward and aboveboard in every
"Mr. Elkns, you can look over all my
books," said he. "and If you find anything
•wrong with them I'll give you my hand
i:rder the hatchet."
He had previously testified that his books
contained a record of every transaction in
Hocking stock for himself or the pools
Ircm the time the first pool was started, in
ilai«ch. 1300. until the present.
He was not ready to swear this was true,
however, with regard to a transcript from
tOm ledger used in th*> Hake hearings
vhich was offered In evidence. He said he
d.dr. t know what might have happened to
it while in the custody of Ralph Wolf,
counsel ♦"*■•:■ th* Fisk« receiver. The ab
eence of Mr. Ke*>r><»> bookkeeper and of
.'<■-■= caTered In evidence at the Fiske
hearings caused an adjournment to June
£7. at . 15' p. ra.
•Tii<ltf*« James T. Malon«% of th& Court of
Special Sesslcns. ■will leave this city to-day
lor lariova. P*>nn.. -ot-here, toother with
President Taft and Secretary Nas«»! of the
Department of. Commerce and Labor, he
Is to receive the degree of Doctor of Laws
from fr»- Augustinian Seminary.
I European
J «'i! fin« am
• European Columns
» •? tfc*
I New- York Tribune
{ & reliable guide to the best
chops, hotels and resorts.
Consult These Columns
Before Sailing
and much valuable time will
be Saved for sightseeing.
Jerome, Wahle and Attorneys for
Metropolitan Defendants.
■Louis K. Julian, tho former Metropolitan
Street Railway investigator who figured so
prominently in the jury fixing charges
brought against the railway, has brought
suits aggregating $4<AW against James L-
Qua^kenbop. chief attorney for the com
pany: former District Attorney Jerome,
former Magistrate Wahle, Wolfred Nelson.
Marshall B. Clark and Ambrose B. Mc-
Cabe. The charges contained in the com
plaint are that the defendants entered into
a conspiracy to maliciously prosecute the
plaintiff and by libellous stories defame his
The suit grows out of the arre*t of Julian,
on March 10, 1906. on the charge of "fur
nishing libellous matter to a newspaper,"
and his second arreFt. on May 7 of the
pame year, on the charge of having passed
a worthless check on the Hotel Imperial
for SSO. Both these charges he alleges were
instigated by some of the defendants in
retaliation for his testimony in the Jury
bribing cases.
Julian allege* that Mr. Jerome would not
bring the cases against him to trial, and
that when District Attorney Whitman did
bring them up he was acquitted on the
charge^ of passing the check, while the
other charge against him was dismissed.
Ex-Magistrate Wahle, one of the defend
ants, presided over the court where Julian
was arraigned for furnishing the libellous
information to the newspapers and held him
in $s<">o bail. The grand Jury then indicted
Julian. Clark and McCabe were in the em
ploy of the railway as attorneys, the lat
ter having been arrested on March 12. 1906,
charged with having bribed W. H. Tilling
hast. a Juror, to return a verdict favorable
to the railway company.
Damages of $100,000 are asked from the
defendants, except Mr. Jerome, the dam
ages in hi* case being placed at $300,000.
Peary Among- Mauretania's
Passengers to View Spectacle.
Passengers on the steamship Mauritania,
of the Cunard Line, that reached this city
from Liverpool yesterday, deserted vaude
ville- for the real at 9 o'clock last Thursday
r.ight a few minutes before F2r6 Island •was
Nat C. Goodwin, the actor, had Just
finished -a recitation In the main saloon of
the vessel and was preparing to repay ap
plause by another reading when there was
a cry of "Ship afire?"
The 1,445 passengers, from positions on
the ship's decks, saw through a dismal fog
something burning near the water. Captain
Turner thought the fire might be on a
passenger steamer, but when the Maure
tania bore down closer to the spectacle he
found that the foremast of a schooner had
just fallen. Captain Turner stood by until
it was established that there were no boats
in the vicinity and then resumed his course.
It was impossible to make out the name of
the schooner.
She was probably the schooner Norem
bega, bound from Philadelphia to Calais,
Me., with coal, which was struck and cut
down to the water's edge by the steamship
Mills, of Boston. The latter reached port
last evening, with Captain Olsen and the
crew of the Norembega. -which was set on
fire before being abandoned.
Among those on board the Mauretania
were Commander Robert E. Peary, accom
panied by Mrs. Peary, his son and daugh
ter, and Captain Robert Bartlett. He was
equally emphatic concerning his apprecia
tion of his reception abroad and his deter
mination not to attempt the discovery of
the South Pole.
"I think Captain Scott will reach the
South Pole," said Commander Peary. "The
English people are very much Interested In
his expedition, and I understand it is mag
nificently equipped, so I think nothing less
than some serious mishap, such as the loss
of his ship, can prevent his winning. They
have a pood base, and Scott and Shackleton
have blazed the way to within one hundred
miles of the pole. They know the road
pretty well, and knowing the road is half
the trip '"
Commander P^ary said that since his de
parture, on April 3fi, he had lectured at
London. Berlin. Rome, Vienna, Budapest.
Edinburgh. Glasgow, Manchester, Cardiff.
Bristol. Bnisse!? and Antwerp. He brought
seven medals and a trophy and was made
an honorary member of four societies.
Afked about the Franeke suit he said:
"Nothing that belonged to Cook or Franeke
was ever brought home on any of my ves
<~aptain Bartlett, a native of Newfound
land, was made an American citizen on
June 7. He said he hoped to try for the
Boutb Pole next year. He left the city for
Boston, where he will take charge of the
BoetMc, which is to take Paul Rainey and
Harry "Whitney to the Arctic on a hunting
League for Political Education Figures
in Mrs. Butler's Will.
In a codicil to her will, filed yesterday
in the Surrogates' office, Mrs. Maria E.
Butler gives $5.0rt0 to the trustees of the
L*ac:e for Political Education as a trust
fund, from which the income shall be de
voted to the purposes of the league. The
tf-pt*trix stipulates that if the society
ceas=ps to exist in the lifetime of Robert
Erskine Ely, who is connoted with it, or
ceases to use the income, the principal
shall go to Ely.
Tiie Baptist Home Society of New York
City receives $2,00 in the will, and about
$25.^00 is distributed among nephews,
nieces and servants.
Members Will Be the Guests of Pres
ident Frank A. Vanderlip.
Four hundred employes of the National
City Bank will be entertained this after
noon and evening at Beechwood. the home
of Frank A Vanderlip. president of the
bank, at Scarborough, on the Hudson.
This will he the anmial outing of the City
Bank C!ul>, of which the employes are
Thore will be a game of basketball be
tween members' teams, a concert by
the 73 st Regiment Band and vocal music
by Walter MrClonnan's quartet. Buffet
supper will he served on the lawn, and
then George Ober and his Sylvan Players
will present Sheridan's "Rivals"
A delegation of a dozen wholesale deal
ers in fireworks visited Fire Commissioner
Rhineland^r Waldo at his office in Fire
Headquarters yesterday and put in a plea
that the retailors be permitted to sell a
email Chinese firecracker about an Inch
Mr. Waldo elmply paid that he would
"t«ll the Mayor" that the delegation saw
him. Thomas Lloyd, of No. 22 Park Place,
told Mr. Waldo that JI.GOG.OOO worth of fire
works is now stored in a warehouse In
South street.
Concerts will be given in Central and
Morningside parks this afternoon by the
Nahan Franko Orchestra and the Louis
Conterno Band, respectively. During the
coming week concerts will be held in the
following parks:
Battery, Bryant, Chelsea, Central. Co
lonial. Corlears Hook, De Witt Clinton.
East River, Hamilton FUb... Hudson, Madl
eon Square. MorningrElde. Mount Morris.
Mulberry Bend, Seward, Tompktns Square,
W«*hiji£XOxi Square and Ablngdon Square.
: '"-"•-" .-•--., ■ . _ ' »
sATTBau. wm-wm Mfwxsat ™** w m *
Hearing Against Maddock and
Landers Set for Tuesday.
Accused Men in Shoplifting Case
Confident of Favorable
Formal charges of neglect of duty, con
duct injurious to the public peace and wel
fare, conduct unbecoming an officer and
violation of the department rules were
served on former detectives John T. Mad
dock and Charles P. Landers at Police
Headquarters yesterday. The accused men
appeared at Headquarters yesterday fore
noon In answer to a summons from Chief
Inspector Schmittberger. Their trial was
set for Tuesday at 2 p. m., before Third
Deputy Commissioner Walsh.
Inspector John H. Russell made the com
plaint against the former plalnclothes men
and charged them with negligence in fail-
Ing to present all the facts within their
knowledge to him or to the court in con
nection with the case of Esther Cohen,
Beckie Brenner and Lena Lieber. whom the
two detectives arrested on June 4 for al
leged shoplifting in the drygoods store of
Zodick Farcus, at JCo. 313 Grand street.
At the time of the arrests Maddock and
Landers were attached to the Allen street
detective bureau, but were subsequently
reduced to the grade of patrolmen and
transferred to duty in The Bronx. They
have been under suspension since Wednes
Inspector Russell recites in his complaint
that at the time the detectives arrested
the three women the alleged stolen prop
erty, consisting of nineteen children's
dresses and other goods, valued at more
than $25, was found In the possession of
Esther Cohen and Beckie Brenner. He
add? that on the same day the detectives
arraigned the three prisoners before Magis
trate Harris, in the Essex Market police
court, and on a short affidavit made by
Maddock the women were held for exami
nation on June 6. The detectives appeared
on June 6, but the case was adjourned to
June 8.
Between June 6 and 8 Inspector Russell
had Instituted an Investigation of the case
on account of the apparent lack of evi
dence which had been presented against
the defendants.
"That at all the times hereinbefore set
forth," the complaint continues, "prior to
the examination held before Magistrate
Cornell, in the Essex Market court, on
June 6. the said Maddock and Landers
knew that the property in question had
been stolen on June 4 from the store of
Zodick Farcus, at No. 319 Grand street, and
had knowledge of all the facts relating to
the larceny, but In violation and neglect
of duty did not present the facts within
their knowledge to Inspector John H. Rus
sell, in charge of the detective bureau; to
Complaint Clerk Harry Merz, of the Essex
Market court, or to City Magistrate Harris
of that court."
Besides Inspector Russell. Court Clerk
Merz, Lieutenant William Maher, of the
detective bureau; Charles and Mane Far
cus. the sons of the proprietor of the Grand
street store, who appeared as complainants
against the three women, appear as wit
nesses on the complaint drawn against
Maddock and Landers. They are all ex
pected to testify at the trial.
Maddock and Landers both deny any
' wrongdoing in connection with the case,
and said yesterday that they were anxious
to go to trial and were confident of proving
their innocence of the charges.
Beckie Brenner and Esther Cohen are
now out on $1,500 ball awaiting the action
of the grand Jury. Lena Lieber was dis
charged in the police court.

B. R, T. Discusses Centre Street Sub
way Loop with City Officials.
A Joint conference between the transit
committee of the Board of Estimate and
Apportionment, the Public Service Com
mission and the Brooklyn Rapid Transit
Company took place yesterday at the of
fices' of the commission.
Mayor Gaynor, Controller Prendergast
and John P. Mltchel. President of the
Board of Aldermen, represented the board,
al! the members of the commission present
in the city were in attendance, while E. W.
Winter, president; Timothy S. Williams,
vice-president, and Walter Ockman, a di
rector, represented the company.
The offer of the company for the use of
the Centre street subway loop, to be oper
ated by way of the Willlamsburg Bridge,
and the relations between the company and
the city in general were discussed. No
conclusion was reached at the conference,
■which lasted half an hour, and will be re
sumed in a few days.
William Morris Says Rostand Has No
Exclusive Rights to Name.
William Morris, theatrical manager, was
again in the Supreme Court yesterday to
challenge Charles Frohman's exclusive right
to the use of the name "Chantecler," the
title of Rostand's latest play. The fight
began a few weeks ago, when Morris ad
vertised "Chanticlair" as an American Roof
Garden production. Counsel for Frohman
obtained a temporary injunction, and the
matter was patched up for the time by
Morris changing the name of his travesty
to "The Barnyard Romeo."
When the case came up again yesterday
before Justice Giegerich, former Justice
Leventrltt. representing Morris, argued
that there was no law that could give an
author or manager the exclusve right to
the use of a word or name of common use.
" 'Chanticler' was used by Chaucer and
Dryden in the fourteenth century," -said
Mr. Leventritt. "In December, ISC6, there
was produced in London a play 'Cock-a-
Doodle-Doo,' or 'Prince Chanticler.' There
was also a play known .as 'Chanticler,"
written by an American, Walter Sanford.
The mere fact that this author has seen fit
to employ a cast of all birds and animals
gives him no right to the exclusive use of
Vhanticler." Assuming that he might have
called It 'Rooster,' could he have legally re
strained every other person from advertis
ing or producing 'Rooster'?"
Justice Giegerich reserved decision.
Patrolman Wallace W. Evans, of the
Kingsbridge station, -who was arrested
early on Sunday morning, charged with
breaking Into the saloon of Ernest Weiss
wanger. at 225 th street and 'Broadway, was
held in $5,000 bail yesterday for trial by
Magistrate O'Connor in the Morrlsanla po
lice court, Evans swore he entered the
place because he saw a window of the sa
loon open. John S. ,Huyler, the candy man
ufacturer, is on his bond.
Fearing arrest because he had sold vile
smelling capsules to three small boys who
disturbed Public School 66, at SSth streer
and First avenue, by liberating the odor
of the pills, Marcus Antonler, thirty-five
years old, tried to commit BUiclde yester
day By inhaling gas in the rear of his store,
No 1865 First avenue.
He was found In an unconscious condition
toy his wife and v.as removed to Harlem
Hospital, where his condition was said to
be sei-Jou*.
Sickness "on Washington Train
Fatal on Arrival Here.
C Strawder Batt, a young lawyer of the
office of Griggs, Baldwin & Baldwin, No.
27 Pine street, died under peculiar circum
stances yesterday, following his removal
to the Astor House from a Washington
train in a sick condition.
Mr. Batt went to the State Department
in Washington on Thursday on a case, and
returned to this city that night. He com
plained of feeling ill soon after eating sup
per in the dining car, and telegraphed for
friends to meet him on his arrival here.
They did so. and took him to the Astor
House for the night. His condition soon
became worse, and Dr. Farrington, the
house physician, found him so ill that he
remained constantly at his side until early
yesterday morning, when he died. It was
said that ptomaine poisoning was the cause
of death.
Mr. Batt was thirty years old. He Vas
graduated from Princeton in 1901, and was
one of the most popular men in the uni
versity. After graduation he went to
Europe, where he took a course in Jena
University, whereupon he entered the law
firm of former Attorney General Griggs.
Mr. Batt leaves a wife, one child and his
father. Charles P. Batt, who Is treasurer
of the American Book Company. Mr.
Batt's home was In Tarrytown.
Girl Unhurt, Though Two Sub
way Cars Pass Over Her.
Miss Edith Hardcastle, who lives at the
Hotel Regent, at Broadway and 70th
street, with her parents, fell in front
of a southbound eubway express train
at the 72d street station at noon yesterday.
She had been waiting for a train, and as
the first car appeared at the turn^to the
north of the station she was seen to fall to
the tracks. Although the motorman ap
plied the emergency brakes, the first two
cars of the train passed over the spot
where she had fallen.
The passengers on the island platform
were horrified at what they were certain
must have been the instant death of Miss
Hardcastle, and when the motorman and
conductor of the train went back along
the track, expecting to find her mutilated
body, they were surprised to find that sho
was practically uninjured. Her body had
fallen directly in the middle of the tracks,
and that probably saved her life. Although
almost all her clothing was torn from her
by a projection below the first car, Miss
Hardcastle was not Injured.
Patrolman Hastings, of the traffic equad.
took the young woman to the West 68th
street station, where she was locked up
on a charge of attempted suicide. Her
father and brother were told, and went
to the station house with extra clothing
for her. When Miss Hardcastle was ar
raigned in the West Side poUce court later
Magistrate Harris, after listening to her
father, who said that his daughter had
only recently been ill and had not attempt
ed suicide, released the girl, and she left
the court with her father and brother.
Edwin Emerson, one of the Rough Rid
ers, who was a witness of the accident,
said last night that it was perfectly plain
that the young woman had fallen off the
platform. He said he tried, but failed, to
catch her, and afterward helped her from
the tracks.
Then Shot Brother Who Refused to
Give Ham Work, Police Say.
Samuel Schlosberg will be arraigned this
morning In the Jefferson Market court
charged with commiting felonious assault
on his brother, Abraham, last night. Up to
six months ago Samuel had worked for his
brother, a clothing manufacturer, at No.
&i East Bth street. Then he decided to go
into business himself.
Failing, he asked to be taken back, but
was refused. Yesterday, so he told the po
lice, he pawned his watch for $5 and bought
a revolver.
"Will you give me a job?" he is said to
have asked on peeing hip brother. "No,"
came the answer, and Samuel fired.
Abraham rushed to the Mercer street sta
tion and reported to Lieutenant McGrath.
Dr. Higgins found Abraham's left shoulder
slightly grazed by the bullet.
Battle and Osborne Will Serve as
Counsel for Alleged "White Slaver."
After a conference with District Attor
new Whitman yesterday, George Gordon
Battle said that he and James W Osborne,
who were assigned as counsel for Harry
Levlnson by Judge O'Sullivan, would act
as such. They were assigned after Levin
son, who pleaded guilty to selling women
for Immoral purposes, had said in court
when arraigned for sentence that he "be
lieved i' was all a frame-up."
Mr. Battle said that he and Mr. Osborne
would confer with Levinson, but that there
would be no conflict with Edward Carpel,
the lawyer who originally appeared for
Levinson. who would be recognized as the
attorney of record.
Former Buildings Superintendent to
Get His Back Pay.
The Appellate Division of the Supreme.
Court affirmed yesterday the judgment ob
tained by William H. Walker reinstating
him as Superintendent of Public Build
ings, from which office John F. Ahearn,
former President of Manhattan Borough,
removed him on May 16. 1907. By the
same decision the court held that Ahearn
was not personally liable for Walker's
back salary, amounting to $11,000, for
which he also obtained a verdict.
The court decided that the reinstatement
of Walker should not carry with it salary
from the time of his removal, but only
from the time of his reinstatement, his
recourse for the recovery of this mon*>y
being an action against the person who
was appointed to his Job when he was
removed and received his salary.
Karl Huber. of No. 119 West 111 th street,
who was arrested In Brooklyn on Thurs
day night, on a charge of bigamy, ap
peared in the Harlem Court yesterday.
Several women appeared to make com
plaints against him, two of them saying
that they had paid Huber money on his
promise to marry them. The others said
that they had married him. Huber made
a complete denial of the charges against
him. but was held In $5,000 ball for trial on
a single complaint.
Justice Erlanger Issued a writ of habeas
corpus yesterday directing the warden of
Sing Sing prison to produce Emil Neumer.
a bigamist, in the Supreme Court on Mon
day. William Chilve-rs, on behalf of the
State Forest, Fish and Game Commission,
Is 6uing the Harrison Street Cold Storage
Company for 5150,000 penalties for having
poansatoa Of game out of sea-son. Chllvers
wants Neumer's testimony, and sued out
the writ to bring him into court.
Abraham Stern filed his report yesterday
as referee in the divorce cult of Rennold
Wolf, a dramatic writer, against Hope
Booth Wolf, an actress, In which he recom
mended a decrea for the husband. They
v-;rc married on February i, 1003. ./.;,■-.
Collins, Who Killed Tug Captain,
Tried in Two Days.
Now It Is Called Jungle Law, but
Jury Was Not Impressed
by New Name.
Allwin O. Collins, who killed Captain
John Plant of the tug Robert Robin*
son In the East River on April fi was con
victed yesterday in General Sessions of
murder in the second degree.
Collins said he shot Plant during a quar
rel after Mrs. Collins had accused the
boat captain of forcing an entrance into her
room on the canalboat Joel. Although former
Assistant District Attorney Jame3 W. Os
borne, counsel for Collins, said that self
defence was his answer to the charge of
murder, the so-called "unwritten law" fig
ured largely in counsel's summing up.
"I want you to bring In a verdict that
will teach all men that they have no right
to trespass in another man's home," said
Osborne at one point, and later:
"I don't ask you to do anything but de
cide this case by the law of the land as
modified by the law of the jungle."
Judge Rnsalsky instructed the Jury to
disregard the suggestion of any other law
governing the case than the laws of the
State of New York. Emory R. Buckner. the
Assistant District Attorney who conducted
the prosecution, said that "self-defence" as
presented by Osborne was "a subterfuge."
and that the latter really wanted the Jury
to decide the case on the "unwritten law."
Collins and his wife, the only witnesses
for the defence, contradicted each other
frequently, and their testimony was over
shadowed by that of half a dozen witnesses
for the prosecution. Including the other
persons on the boats in the tow and the
harbor police. These latter stated that
Collins had called Captain Plant into his
cabin on the Joel, ostensibly to treat him
to some beer, and had then shot him down
in cold blood.
Assistant District Attorney Buckner di
rected the attention of the jury to the fact
that Collins had served nine years in state
prison for killing two men in 1900.
"If under this plea of the "unwritten law'
you desire to turn this murderous mad
dog loose on the community," he said, "it
Is your privilege; but if you do you will
violate your oaths as jurors.
"There was not a word said by this man
or his wife about self-defence when the
police took them Into custody. "Why did you
do it?' asked the officer who went aboard
the tugboat from the police patrol, and
Collins only replied. 'Why did he go Into
my wife's cabin?"
"Mr. Osborne knew this court would not
permit Mm to base his defence on the 'un
written law,' and he used self-defence as a
subterfuge. The facts showing this man's
guilt have been practically pushed aside,
and you have listened to a defence built
upon a novel called The Sea Wolf and
other fiction."
The jury left the courtroom at 5. "06 o'clock.
At 7:10 o'clock the Jurymen were asked
if they cared to go to supper. They
refused. At 7:25 o'clock they filed into
court and announced their -verdict. Collins
lost the bravado he had displayed through
out the two days of his trial, which was a
record for a brief trial of a capital case.
In a shaky voice he said he was fifty
years old and that he was born in East
Boston. He asked that he be given an op
portunity to see his wife before he was
cent to prison for not less than twenty
years or for life, the penalty for murder in
tht> second degree. He will be sentenced
on June 24.
The receivers of the Metropolitan Street
Railway Company yesterday sent to Con
troller Prendergast two checks, aggregat
ing $3,300,000, on account of moneys due for
arrears in franchise taxes for nine years.
There still remains unpaid between $300,000
and $400,000, the exact amount being in dis
pute. The checks were brought to the Con
troller by Daniel Moynahan, collector of
assessments and arrears in the- Finance
Department, while he was at the meeting
of the Board of Estimate.
Register Grifenhagen has hit upon a plan
which he things will materially decrease
the number of absences from duty in his
department. He announced yesterday that
he would allow to each employe thirty
days' leave of absence during the year
from June 15, 1910, to June 14. 191 L This
leave will cover vacation periods, sick
leaves and days when employes are ex
cused for any special reason, and will con
stitute the limit of leave, with pay, except
in cases of extended sickness.
Young America of Newark will be saved
from harm due to the use of dangerous
explosives on July 4 if action by the New
ark Common Council counts for anything.
An ordinance was passed prohibiting the
use of cannon crackers, toy pistols, giant
torpedoes and other noise making devices
on that day
Counsel for Pierre Arnold Bernard, who
as "Oom," the great dispenser of Hindu
mysticism, was indicted for abduction, ob
tained a writ of habeas corpus from Jus
tice Erlanger, directing the warden of the
Tombs to produce Bernard in the Supreme
The ground given for swearing out the
writ ' was that Bernard, who pleaded not
guilty, was held in default of $10,000 ball,
which he said was excessive and a viola
tion of his constitutional rights.
The coast region of Alaska, says Pro
fessor A. S. Hitchcock, has tnucn rain and
snow, but an equable temperature, and
the winter at Sitka is no colder than at
Washington. The snowfall at Valdez has
reached sixty feet and the rainfall at Sltka
111 Inches In a season. The Yukon basin,
on the contrary, has a continental climate,
very cold in the winter, although the sum
mer temperature may reach 90 degrees
Fahrenheit in the shade. The rainfall Is
small. The soil is permanently frozen for
several yards below the surface, but a thin
surface layer thaws out every summer.
The tundra region about Nome has a still
different climate, more severe than that of
the Interior. There the marshy lands. In
terspersed with ponds and lakes, have few
grasses, but on the hills and gravelly knolls
there is a greater variety of grasses than
in the interior. --youth's Companion.
Officials of the express companies report
some peculiar complaints to the Railroad
Commissioners. A Cloud County man re
cently filed a long complaint with a certain
company against its local agent. "When
ever I receive a shipment of liquor." said
the man. "the agent tells all the old topers
In the town, and they hound me to death
for social drinks. I want you to order your
agent to keep his mouth closed In the fut
ure when I receive liquor."
Another official was out Instructing a
local agent how to handle his business.
"As soon as the train departs," said the of
ficial •■first take in your money, next your
small packages and last your big pack
"That's where you are mistaken." said
the local agent- "Out here we must take
in the liquor packages first. The gang
around the depot will pay no attention to
packages of money, but they will steal the
liquor packages if I turn my back."—
P«ka Capital,
Sunrise. 4:28: »unset, 7:33; moon set.. 1:81:
moon's age, 12. . .
Sandy Hook. ... - IS ||
Hell Gate V ' ***
t- T^rraJne^ reported* as 403 miles east S
aSSy^Sk^t oTm ye.terdav. is expected to
*&•* KllETuVusto Victoria, reported l „*»
mile* east of Sandy Hook at 8 » m yesterday,
Is expected <o dock this forenoon.
Sandy Hook at 12:06 a m yesterday. Is expected
to dock on Monday forenoon.
Vessel. ' From. LIM __
•Columbia Palermo. June I.- "
•Eeperanza Vera Cruz. 11* 9 Fr^nrh
•La Lorraine Havre. June »-••-• — - F fTJ?
•«■ A Victoria... Hamburg. June 9. ■ - 1 *"!* *£
•Panama Cristobal. June 12.. ...Panama
•Byron ....Barbados. Jun» 12.. L 4 Holt
.«,. Paul Southampton. June 11 Amer
Hudson. -.:.::.- - Algiers. May 31 .. .French
Lulslana Naples. .June 3 Uoy/J mi
Mariana Antwerp. Jure- 4 ..Pbcenlx
sSTn'rfi Prince.. ..Gibraltar. June 3 -Prince
El Vorte . -..Gnlveston, June 11 Sn P;ie
D d Abruzzl Naples. June 8 Ita llan
Buffalo -..Hull. June 4 9 ™
Anelo-Bolivlan -Shields. Juno 4
Cof Savannah Savannah. June 15 Savannah
Comanche Jacksonville. June 15. . Clyie
•Cedric Liverpool. June 11. White Star
•Columbia Glaseo-v. June 11 .... . . Anch0r
Oceania Palermo. June 8. .. .. •*««£"
Sablne .....Key West. June 15. . . Mallo>
•Rotterdam Rotterdam. June 11. . •»«£-*«
•Mlnnetonka London. June 11 - . . -At Trans
•Prinz F Wllhelm. Bremen. June "••••^ r G irJJll
•Prinl Si*l«nund..Savan!lla. June »--- HaI Sb A S
•Maracalbo San Juan. June 15. .. . ■** *J
•Trent Bermuda. June 19 -Royal Mall
•Coamo San Juan. June 15.N 1 ■* . R
Chicago Havre. June 11 * « n «J
dtta dl Messina. ..Cadiz June 4 . . ItaMan
Bayamo Tampico June 13. •••••. |™
AnHiips .. — ...New Orleans. June ..So .ac
THVafle'" ..Galveston. June 14 So Pac
Ctty of Maeo^.'.—Savannan. June 17.. .Savanna*
•Brings maiL
Mall Vessel
Vessel For. lane, closes. sails.
New York. Southampton. Am. 6:30 am 10:00 am
Cleveland. Hamburg. H-A.. .10:30 am — -
coe o r g TH^va^.V^ tOn .10 9 $ a S " $ f- S
GiS^oSnadt Trinidad. .10-o« am 12*0 m
= f&SS
Lapland, Antwerp. Red S X lm«2J
X Albert. Naples. N L.. . — - 11J>O am
A?gomu'm ap J^Vnv-ie. Clyde:: = 1 ;<*> P «
Concho. Oalveston. Mallory.-. 1 -CO p m
C of Columbus, Sava-h, Say. S 00 pm
Proteus. New Orleans. S P. - l_:0O m
Voltaire, Rio. L & H_. . • 9:3Oam l'Mpn
Surlname. Paramaribo. DTVI.ll:0Oa m l:«pm
Wog!ln<ie. Pematnbuco, H-A 11:00 a m 1:00pm
X Oclle. Bremen. X G 1,... 6:3oam J o:^*S
Homerus, Argentina - 9:00 a. m 11 00 a. m
Hamburg?, Naples. Ham-Am. . 900 a ra
Noordac. Rotterdam. Holl-A 10.00 am
Oceania Nupie?. Aust-Am... - '."'_■■
City of Savannah. Savannah. ,rS2 m
Comanche. Jacksonville, Clyde 1 :0O pin
Close la N Y.
Destination and steamer.
Japan. Corea. China (vta Tacoma>—
Chicago Maru «Tuae 20, 6.30
I Port of New York. Friday, June 17,
Steamer Kegulus (Br). Sydney. C B. June 13.
to Harvey & Outerbridge, with ore. Arrived at
the Bar at 10 am. ,Br). Rosario -,«■„_«. •»
Steamer Dochra (Br). Rosarlo March 23.
Buenos Avres April 20. Montevideo 23 P-rtam
buoo May «. Para 14. Barbados 2». Arroyo 21.
Guanico 2fi. Havana June 3 Cardenas a %la
Philadelphia 15. to Barber & Co. with mdse.
Arrived a* the Bar at ft:4O am.
Steamer' American. Puerto Mexico May 28 and
Philadelphia June 15. to the American-Hawaiian
Ss LJne, with mdae. Arrived at the Bar at 5.35
*■ Steamer Minerva <Br). Clenftxegos June 6 and
Havana 10. to the Munson 59 Line, with eugar-
Arrived at the Bar at 4 a m. .
Steamer Delaware. Philadelphia, to the Clyde
Ss Co. with mdse. Passed in Quarantine at
U ar Vi? zacapa 0*). Santa Maria June 8.
Colon 10 and Kingston 12. to the United Fruit
fo with 44 passengers, mails and mdse. at
rtSLS tt U SlcSS™S.*itr?-Artl»r June 10 to
the J M Guffey Petroleum Co. with oil. Lett
QU s a teS e E TNor^ GaTveston June 11. to the
Southern Pacific Co. with mdse. Left Quarantine
at 6^n£r a p£rton Hall CBrV Callao April 1, Co
pllla 12 Coronel 19. Punta Arenas 25. Montevideo
lav and St Lucia £6. via Norfolk June. 14.
with mdse to E E Marshall: vessel to Barber &
Co. Arrived at the Bar at s:3ft p m lftth
Steamer Uranium ißr>. .Rotterdam June 4. via
Halifax 14. to the Uranium Ps Co. Ltd. with 3S
cabin and 361 steerage passengers and mdse.
Arrived at the Bar at 11:45 a m. 16th.
Steamer San Marcos. Norfolk, to the Old Do
minion Ss Co. with mdse. Left Quarantine at
3 SteSmer Dordo?ne (Br) Samana June 11 to
the Atlantic Fruit Co. with fruit. Arrived at
the Bar at 5 a m. (Cuban>, Matanzas May 31.
Steamer Paloma Sa^ua 4. Calbariea May 31.
Cardenas June 2. Sagua 4. Calbarien 5 Glbara
7 and Nipe 11. to the Munson Ss Co. with mdse.
Arrived at the Bar at 2 a m.
Steamer Caroline CFr). Havre June 4. to trie
Compaenie Generale Transatlantlque. with 64
cabin and 374 steerage passengers and mdse.
Arrived at th» Bar at 4 a m.
" Steamer Konip Albert (Ger>, Genoa June 3 and
Naples. 4 to Oelrlchs & Co. with 205 cabin and
f.91 steerage passengers and mdse. Arrived at
the Bar at 5:3»J p m. 16th.
Steamer Graf Waldersee (Ger). Hamburg June
5 and Boulogne «. to the Hamburg-American
Line with I s * cabin. 110 third class and 654
steerage passengers and mdse. Arrived at the
Bar at 11:45 p m. 16th
Steamer Mauretania (Br). Liverpool June 11
and Queenetown 12. to the Cunard Ss Co. Ltd.
with 498 cabin and 952 steerage passengers,
malls and mdse. Arrived at the Bar at 11:24
p m. l«th. ♦ „ __
Steamer Mills. Boston (for Newport News).
Left Quarantine at 11:40 a m
Steamer Princess Anne. Newport N*ws and
Norfolk, to the Old Dominion Ss Co. with pas
sengers and mdse. Left Quarantine at 5:30 pm.
Sandy Hook, NJ. June 1". 9:30 p — Wind
south; light breeze: fair; hazy off shore; light
Steamers Parthenla (Br). for Antwerp; PTirs
Frederik Hendrik (Dutch). Port-au-Prince: Usk
(Br), Puerto Plata; Carolina. San Juan; M*ta
pan (Br). Kingston; Italia (Ital). Naples: Burbe
Bank (Br). Philadelphia: Mohawk. Charleston
and Jacksonville; St Andrews (Nor). Philadel
phia; All«>«chanv <Ger). ■ Inagrua: Narragansett
(Br). Newport News: Monroe. Norfolk and New
port News: Mills. Newport News; Carlb. Wil
mington and Georgetown: Trongate fBrV Brtdtr»
v. a'»r: Vigllancla, Tamplco; Stavanger (Nor),
Naples. June — Pannonla <Br> New York.
Plymouth. June 17. 7:55 a — President Grant
(G<*r). New York for Cherbourg and Ham
. burg (and proceeded),
'icntevldeo. June 17 — Principe dl Piemonte
(Ital). New York for Buenos Ayre»; Win
tringham (Br>. New York and Newport News
via Barbados.
Bermuda. June — Steamer Bermudian (Br).
New York.
-remantle, Juno — Scharzfels (Ger>. New York
via St Vincent. C V.
Liverpool. June 16 — Tonawanda (Br), New Tork
Bristol. June 17— Bristol City (Br). New York.
Genoa. June — M^ndoza (Ital». New York via
Boulogne. Jun« 17. 6 a ra — Potsdam (Dutch),
New Tork for Rotterdam (and proceeded)
Lisbon, June 16 — Energle (Ger). New York. '
Bowdpn. June 13. 10 p m— Prlna Sislsmur.d (Ger>.
New Y"rk.
Santos. June -I>sterTO (Ger) (from New
York via Barbados). Parana
Calc^. tta 15 Kabln « a (Br). Boston and
rsew Tork.
St I »Tc)^N>w n DO^Othy (Brt (fr ° m » u| l u '-
Naples. June 16 •* * a mm — America (Ital). New
Southampton. June 17. 11 ;M & m-P«utscbland
(G»r» (from Hamburg). New York via Cher-
B a u^ S N A^n r x U et?Yo^ ARlanhor <Br >'
1 * Otal> - Ne - To * ««
Under Its CITY OF TENTS AlßflllA
r\ O V £ i SI I*:* 1 * GREATER
s.. D t .?44,,M,LA,ND^
EITRi-rm v-« . J- ron . k*«»niboat*.
i*verythi>g new BIT THE ocean.
The world of men who are
always looking for somett •
new and good will pat uTcb
the back the first hot day.
From far away Silesia \reVe
imported some "Etamines." or
pure linen crashes, which makt
remarkably attractive hot
weather suits, and are novel
enough in their texture to he in
terest irifj without being con
While the "Etamines" are
cool with the coolness of pure
linen, and launder beautifully
they have a firmness of weave
and a "body" which makes them
tailor much better than ordinary
In the natural brown.
Coat and trousers, $11.
Ask for lot 2280.
Raincoats of cravenetted
woolens contain no rubber to
add to your discomfort on sul
try, showery days.
$20 to $35.
Savings can now be garnerea
all through our stock of boys'
and youths' Summer mixture
Rogers Peet 1- Company
Three Broadway Stores
at at • «t
Warren st 13th st. 34th «.
|^VVV V i C \ )
"Don't miss It at any co« ."'- " ' ".ijja
Musical Comedy. THE ARCADUjg
HUDSON w mmscu By ■»•*?
nUUbUN Mat 9 To-iav ard Wed^t*
The Spendthrift igg
HA DRIP tf 5111 St - nr - B'way. E«-'*
UAnnlb^ Matins To-day. tJj I
Henry Miller 3^
Roosevelt Mat. TO-DAY, 3 p. *
AND . i.>
60 N N^ E oWa SSBS
NEW YORK sy&.i«s*Sgy§
JiROIN de PifilS ■h~
WISTTER ... iQlfl
BEATS! Zl«feW'» { Follies = I"'!J
now. i «"»««» i ruiiic* r
,1,..U,.., 11.
The Summer Widowers
4=d St.. w. of B;y. JSCJUaHf t Jk
THE DIMMER tT^V»3 * *^»i|fl
"™ SEVEN D»]
I Coro^dy Hit Ot 1 l "ll---rtl
lin .■«) Vwrt. Mile. "Afll ISP
II roof Matinee. I --;: I
LUNA *$m
tUt II .»-:;. ■:'v--^*i
MVSEE I Kins Ed**" 1 * *** I

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