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B HITCHCOCK SEC TAFT Telis Him of Plans to Establish Postal Banks in Small Cities. MAY OPEN IN OCTOBER Postmaster General Not the Least Bit Pessimistic About the Political Outlook. Beverly. Mass.. Aug. ? -Postmaster Gen eral Hitchcock made a preliminary report to President Tsft to-day rcgardinp the plans for the institution of postal savings banks in different parts of the country in the near future. The experimental banks irill be located In the smaller cities. Suf ficient money to establish the system- in cities like New York. Chicago, Philadel phia. Boston and other great centres ■• Population is not yet available. There is al-o I desire to perfect the system through the experiments in the smaller communi ties before an attempt is made to open the metropolitan branches. It is hoped that the experimental banks may be "' operation by October 15, al though this date is Bet definite. One of the banks may be installed in a branch poFtofPoe in Washington, v.-here its opera 110:: can be watched from day to day. by the higher postal officials. Mr. Hitchcock left to-night for Sew "Eork. •where he is to consult with come of the postal bank officials, and will return to Beverly on Friday. There is a likelihood that Secretary of the Treasury MacVcagh, who is also one of the trustees of the postal banks, "will be here at the Fame — — The exact number of the experi mental banks to be opened has not been decided. They will be distributed in dif ferent emotions of the country. Mr. Hitchcock and the President, it is eajd, also talked generally of the political B!t'_4B,tiOll. "I err! not the least bit pi iimlltfr over the outlook from a Republican point of vtcmfl «£*< i Mr. Hitchcock, after his inter view with, the President. "The situation is Improving all along the line. On my. re m ttmm Europe I found many letters awaiCES me telling of the improved conditions, especially In the "West, The ■^-efcidert is growing stronger every day. Th« magnificent record of legislation he ■■AS during the last Congress Is gradually divr-ir.s on the people and is making it-, eel* felt everywhere." representative Butler Ames, eC Massa chusetts, who Is a candidate lor the Re publican Senatorial nomination agalnet Senator Ix>d^- Ea-"-' «b« President for a *w-2n!actes this fiftemoon. Another visi tor -was John 4. Sleicher. of New York, a ;r:«=£>e'- cf the New York Water Board- As to th» New York political situation Mr. Sleicher told the President that there is a re^erEl disposition on all sides to reach t- agreement ■■ the Republican platform £-1 the candidates. It wmimiii infl to-day Chat in the future Che President will receive visitor? by ap r--:r-r r.t on Mondays. Wednesdays and prjteys, reserving the other days for LtuMti- s^zi seclusion with his fanily. The *d»2!ElstTatlon= economy plans are \ oeenjJSlsg a WOO* deal of the President's j time lust sc«', and he has Invited a. mm- | ber cf ■ city fiscal experts to coene to Bev erly ?cr conferences. Among these are W. ■w Wilson. City Controller of Chicago: Stoa H- B=wer, of the Chicago City Civil Service Commission: Secretary Farley, of i - c. BoETor; Finance Commission, and Ar thur Young, who is now working as B.l\ expert Id the Treasury Department. S The President to-day appointed the fo! lowing d«=leE-2.iftE to the thirteenth annual i-rsFrican Mmirig Cor.gr*??. to- be held in Tjcb AcgeW. September 86 to October 1: John "sv? Hammond. New York; Curtis H LtatHey. Es.n Francisco; Dr. James DongiM< --, York - - T ptito Cfcannisfg. jCew ."Sork'; Dr. H. Foster Bain, Bao Fran cisco: Dr Walter P. Inrells, New York: E -•- Parker i-..^ v; C Hendenhall, of the Geologies.! Purvey, Washington; Joseph A Holmes, of the Bureau of Mines. Wash ir.sron. ar.d George S. Bice, Bureau cf Mines. Pittsburg. WORK ON FOSTAL BAJTK PLAN 3ferr.b?rE of Committee to Inspect Sav ings Banks. V.'^Lshise-torL, Aug I — Starting en 9 trip tit Inapejcttaa of savings banks in the East, some members of the committee authorized m bf up a general plan of operation for postal eav-.r.gs banks left here to-night for PiiladeJphia. New Tork will be the next city visited. Other members of the com rr.irtee-^'ill vieit cities in the Middle W«=.st- On ccrnpletioa. of the Inquiry fast begun •the members of the committee will meet In %Wa«fc:n£ten to offer suggestions for modi *yi=S *£•• ter.ta«lv» plan already practically ; agreed on by them for rubmisEion to the, ■"beard of trustees of the postal savings bank ♦m'-d. s\->straasvr General Hitchcock, -who is In B««vr!y to-day conferring with the Presi dent on postal banks, will Meet with the oorr^rv'tteei on Its return. SIR WILLIAM REDDING HERE. Th» TVTariS liner Saratoga brought here fror3.E*-vsn a. yesterday two of that city's •rr.oF' j>r*»mln«3t "gringo" citizens. Sir •Willlzm !Red.<slng end "Dynamite Johnny** O'Brien- £ir William, who is a New Yorker Mr birti. and "was made a Knight md? St. Gcngory by the Pope, is reputed to >» th» greatest philanthropist in the West Inches and the lar,3»Ft property holder In Havana- "Dynamite Johnny* got hl3 nsx=*> ar-5 farn© In the Cuban revolution, betcg" 3cnown as one of the greatest f L'hus teraof modem times. In recognition of his 'services to the cause Of Cuban Indepen dence tie government there made him several years ego chief pilot of Havana ;!iarboT- When You Go to the Country-^ Arrange to receive The Tribune If the rural news agent will not supply you, send your name and address direct to The Tribune office. We can send by mail in time for breakfast* New- York Tribune Circulation Department, 154 Nassau St., New York* Daily only, one month, . . 50c Daily acd Sunday 70c SUGAR REFINERIES RESUME Williamsburp; Plant Manned by New Force of Workers. The Willlamsburg refineries of the Amer ican Sugar Refining: Company were put Into operation again yesterday with a force of more than five hundred men. and by the end of th«> week it Is expected that at least two thousand more will be at work. It will be an entirely new complement of sugar workers, the refinery officials having de cided to do away with all the foreign born element which has prolonged the strike. A large force of policemen was on hand at the refineries yesterday morning, but their services were not required, as all the men who went to work In the plant were landed from boats at the South Third street pier. John P. Pool, the superintendent, said that 577 men were set to work yesterday, of whom fil were put on the day shift and 1111 on the night shift. He added that he had been compelled to turn down hundreds of applications for employment Last night the employes were again taken away in boats It was said that many of them were b"-o:icht from the company's refinery in Yonkers. TOMBS PRISONER DREWWILL Man He Gave It to Jumped from Bridge, Lawyer Says. Information of a peculiar nature was re ceived yesterday in relation to the will of the late Robert H. Thompson, of Brooklyn, who was a wealthy manufacturer of corru gated paper. The letter was signed "Jacob J. Haff, cell 7Z~>. the Tombs." and read: T am writing: these few lines to inform you that I had drawn up for the late Mr. .Robert H Thompson his last will end tes tament, dated April 12. 19W. I read a few days ;ip<> in pome Brooklyn paper that his widow w^is looking for his lar-t will. I herewith inclose you a copy of his will, as T recaU it. Mr Karl Doll I believe, has the will. His address is No. me South 4th street. Brooklyn The letter was received by Mr. Sparks, of Sparks & Fuller, of No. 44 Court street, Brooklyn, the attorneys for Mrs. Thomp son. Mr. Sparks went to see Haff. who told him that on April 12 last he was walking along Court street with Karl Doll when they met Mr. Thompson: that they went to a restaurant and that Mr Thompson there engaged Haff to draw the will, which gave half of Mr. Thompson's estate to his widow. Haff said he was writing stories for maga zines and newspapers about that time. Mr. Sparks went to the Brooklyn address to see Doll, end was surprised to learn that about a fortnight ago Doll had committed suicide by jumping from a tower of the Williamsburg Bridge to the roadway of the structure- Mr Thompson married a. stenographer, who had been employed in his Boston office. He died shortly afterward His children by his first wife produced a will which left nothing to the second Mrs. Thompson, and she alleged that they had unduly influenced their father. She asked 'he Purroera^e of Brooklyn to compel the Thompsons to give up certain papers, and declared that Mr Thompson had to T d her that he would provide for her ever beyond v - r dower rlgnts. COMMUTERS FAIL TO FIGHT No Protest from New York Towns West of the Hudson. Ham L- Ransom, of No. 27 William street. New York City, who is represent ing New Brunswick and several other cities along the Pennsylvania Railroad in the right at Washington against increased commutation rates, called attention yes terday to the fact that the cities and town? In New York State west of the Hudson River have dene nothing to pro - ■_-.=. the investigation by any tribunal of the rates which went into effect on July 20. Mr. Pansom said: "Transportation to New York City from New York State point* east of the Hudson River Is, of course, wholly within the State of New York, and co within the exclusive Jurisdiction of the New York Public Ser vice Commission of the 2d District. Commutation to New York City from points in the State of New Jersey begins in one .--j.^, and end? in another, and hence is interstate In its character arid subject to the exclusive control of the Interstate, Commerce Commission. "Commutation to New York City from New York State points west of the Hudson River ends in the state In which it begins, but crosses a portion of the State of New Jersey in so doing, and hence has, rightly or wrongly, been held subject only to inter state jurisdiction." GERMAN STUDENTS DEPART Farty Ha-? a Month for Trip Across the Continent and Back to New York. The twenty-eight German students who have been in New York for some days left the Plaza Hotel yesterday morning for Ho boken by way of the McAdoo tube, and went to Philadelphia and Washington over the Baltimore & Ohio Railway. They have an itinerary which covers Philadelphia. Wash ington, Pittsburg. Chicago. Milwaukee, Du luth, Butte. Spokane. Seattle. Portland, San Francisco, Los Angeles. Santa Barbara, the Colorado canyon. New Mexico, Syracuse, Ft. Louis. Buffalo, Niagara, Boston. South Bethlehem and Newark. They will return to New York September 9 and sail the next day for Europe. All the party are students of a commer cial university at Cologne, and the Herr DtNktor who accompanies them was for merly a tutor of the Crown Prince of Ger many at the University of Bonn. During his stay in New York he has secured three pupils, who will go back to Cologne with him to take the commercial course. The students en the present trip Include Germans, Belgians. English and French, and each is to pay his own expenses, which are expected to amount to about SSfKk. They are under practically a military discipline, and all the four professors who have them in charge have to do is to clap their hands and every man responds. Their trip to Coney Island and the experience of ice cream soda in an uptown drug store made not a little impression on them here. In another way they were deeply impressed with the making of a modern newspaper and the apparently universal use to which they saw electricity put- "IS GOING TO GET CHARLTON" Italian Vice-Consul Says He Shall Not Escape Trial in Italy. Guftav di Rosa, the Italian Vice-Consul, called at the Prosecutor's office in Jersey City yesterday and saw Second Assistant James W. McCarthy concerning the case of Porter Charlton, who confessed to the murder of his wife at Lake Como. Italy, In June. To-morrow Is the day originally set for a hearing In the Charllon <-afe before Judge John A. Blair, but an adjournment to September 20 has been agreed to by Prosecutor Garven and the lawyers en gaged by Charlton's father. Vice-Consul dl Rosa said In the, Proee cutor's office: "1 desire to make it clear that the gov ernment 1 represent Is going- to get Charl ton- He Fhall not escape trial In Italy if we can help It." Mr. di Rosa asked If the Prosecutor in tended to have mental experts examine Charlton. Assistant Prosecutor McCarthy did not know, but he was sure the Prose cutor would see that Justice was done. Mr. dl Rosa eaid the Italian government might also employ alienists to determine Charl ton's mental state The Proeeeutor was In clined to think Charlton waa Bane, Mc- Carthy sail. WED>-ESEUY, j\F^lXl^f|Tiliftrife ffirtlltllft* AUGUST 10, 1910. ROOSEVELTCUrDAYSHORT Asks Visitors to Postpone Their Business and Retires. ANXIOUS FOR INFORMATION Shows Much Concern on Hearing of Attempt to Murder Mayor Gaynor. Ex- President Roosevelt, who was at "The Outlook" office yesterday, heard with much concern of the attempted murder of Mayor Gaynor. He has not a close personal ac quaintance with the Mayor, though the latter took luncheon on one occasion 3t the White House, but the ex-President has kept in touch with his doings through the newspapers. The first news of the assassination came through a telephone message from the ticker service to Lawrence Abbott, about 10 a. m. Mr. Abbott hurried into Mr. Roose velt's office with the startling information. A few moments later Mr. Roosevelt sent the following telegram to John Purroy Mitchel, Actine Mayor. •'1 am deeply shocked and horrified to hear of Mayor Gaynor's accident. Will you please send me latest Information?" To this came the answer, at about 2:30 o'clock: •'I thank you for your kind menage. Burgeons report conditions very hopeful after examination. The Mayor is conscious and resting Quietly." Several visitors were waiting to ?ee Mr. Roosevelt whpn the news about Mayor Gay nor came. At Mr. Roosevelt's request they posiponed their business to another day. Previously Senator Jonathan Bourne, of Oregon, had had a long talk with the man he boomed so hard for a "second elective term." After his visit to the inner sanc tum he handed out a typewritten interview with himself in which he admitted naively that he had seen Mr Roosevelt. This statement said he talked with Mr. Roose velt about matters which, while not Ftri< t!y political, were of great importance Among these were the working of the direct pri mary law in Oregon and the initiative and referendum and the recall He said th^t Oregon was well pleased with its radical legislation, -with the purpose of wh; r h Mr. Roosevelt was entirely in sympathy, and his standing for which had made him m> popular throughout the West. Another caller was General Pirmin. of Hayti, now on his way to England to take up his work as Haytlan Minister there He said he stopped over to renew his ac quaintance with Mr. Rooeevelt. about whom he had written a. book for Haytian con sumption. Mr Roosevelt declined to comment on the visit of State Chairman 'Woodruff f o President Taft at Beverly on Monday and his reported utterance that there could be no compromise on the direct primary Issue. When Mr. Roosevelt went to Oyster Bay yesterday afternoon William T_.o^b. ir . Col lector of the Port, went with him in the automobile Both are on record in favor of the Cobb direct nominations bill It Is likely that Gifford Pincaot and James P. Garfleld will se c M r Roosevelt at Sagamore Hill to-day, although there is no definite appointment. LOER WITH MR. ROOSEVELT Talks Politics at Sagamore Hill — Pinchot and Garfield Coming Oyster Bay, Aug. "9. — Theodore Roosevelt spent this evening talking politics with William Loeb, jr.. Collector of the Port of New York. To-morrow he. expects to have a conference with Gifford Pinchot, former Chief Forester, and James P. Garneld, ex- Secretary of the Interior. They may not be able to reach Oyster Bay to-morrow, however. F"or the last two weeks there have be°n no political visitors at Sagamore Hill, and sav-e for occasional chat? at his editorial office in New York with men in public life, Mr. Roosevelt has almost avoided politics. The renewal of conferences of cijrh a nat ure at Sa^more Hill is taken as an Indica tion that the ex-President may be prepar ing to engage more actively in political affairs, state and national, although he al lowed no comment to escape his lips to-day When Mr Roosevelt returned from New York late thi3 afternoon Mr. I-oeb motored down with him to spend the night with his former chief. Before their conference be gan Mr. Roosevelt remarked with a smile that he didn't know what they would Talk about When an attempt was made later to learn what had been discussed. Mr Roosevelt pent word that he had nothing to cay to-night abou: the matter, but might say something to-morrow The ex-pr^sjdent was equally reticent about the expected visit of Mr. Plnchot and Mr. G-arfl^ld. All three, men are numbered among hi 3 closest friends and most trusted advisers Mr. Loeb. as secretary to Pru dent Roosev.-lt. enjjoyed his full confidence Mr Garfleld *nd Mr. Pinchot were asso ciated with him in the formulation and ex ecution of the Roosevelt conservation poli cies, their interpretation of which has placed them at odds with Secretary Bal llnger One of the principal objects of Mr Pin chofs coming visit, it Is believed. Is to ac quaint Mr Roosevelt with public affairs, especially conservation, which Is to be one of the chief topics discussed by Mr Roose velt on his Western trip Mr. Pinchot h«s just returned from a trip to California. Mr. Garfleld. it is expected, will talk over the political situation in Ohio with the *>x- President Mr. Roosevelt, aft^r the recent Republican convention at Columbus, de clined to discuss Ohio politics, at least until he nad cjnl'erred with Mr. Garfleld. JOHN D. FINED $5 AND COSTS Jußtice Didn 't Think It Right to Treat Him Differently from Others. Cleveland, Aug. 9 —"John IX Rockefeller, charged with speeding an automobile, pleaded guilty and was fined 16 and costs, amounting to $3 ." Thus reads the records of the court of Squire Dean, of South Euclid Village. The trial of the oil man, caught in a speed, trap la^t Thursday, was set for 10 o'clock this morning, but he failed to appear, sending his superintendent inttead. The latter admitted his master's guilt and handed over la from the Rockefeller private treasury, but inasmuch as tho warrant was issued for John D, Rockefeller him&^lf Justice Dean made th« entry as above. Superitnendont Knapp of Forest Hill, the Rockefeller estate, was accompanied by th*» chauffeur who drove Rockefeller through South Euclid Village last Thursday at a speed estimated by Constable Bilkey, who served the summons on the multi-million aire, to have been thirty miles an hour. Justice Dean was so flurried he forgot to get the driver's name. Later the justice ex plained why he fined the richest man in the world only $5 and costs. ■'It was his first offence." he said. "I didn't think it right to treat him differently from any other person " GIRL GOES 7,700 MILES ALONE. The Rev. Anna Shaw arrived on the At lantio Transport liner Minneapolis yester day with a little girl under her wing, who was completing a journey of 11,000 miles. Miss E. G. May Williams, the HUe girl, who is seven years old, comes from East London, Natal, and made the journey to Cape Town, and from Cape Town to Lon don about 7,700 mile*, alone Am If,1 f, other passengers were Lord and Lad.:' HIB. JUSTICE LEON SANT>ERS, <>* the Second Municipal Court, who waa seriously hurt at Arvcrne. JUSTICE SANDERS INJURED Thrown in Trying to Board Mov ing Train at Arverne. While trying to board a train of the Ixing Island Railroad Company moving out of the Stratton avenue station at Arverne yesterday morning Municipal Justice Leon Sanders was seriously injured. He was rushed In an automobile to St. Joseph's Hospital. Far Rockaway, three miles dis tant. Several of his ribs were broken, he was bruised from head to foot and for a time it was feared that he was suffering from concussion of the brain and would not live Justice Panders left his summer home, at Ocean and Alexander avenues. Arverne, about 7.3^ o'clock to make the 7:45 o'clock train for Long Island City As he reached the station he saw the train moving out. Anxious to be In court early, and although on the wrong side of the train, he ran and caught the hand rod of the last car. As he leaned backward to swing himself aboard his head struck on a fence that runs between the tracks The blow caused him to relax the muscles of his arm, but not his grasp, and his hea-d struck the fence twice more. He then fell across the rails as the train stopped in response- to the pull of th c emergen< y < ord given by a passenger Justice Sanders has long been a Tam many politician on the East Side. He has served several terms in the Assembly and has sat on the bench of the municipal court for the last six years. He was re elected last year on the Hearst ticket. His home in New York is at No. 293 East Broad way. He maintains an office at No. 39 Nassau street. STILL PROBES WIDER CASE He Must Have Had Accomplices, Bankers Tell Mr. Moss. When Erwtn J. Wider, the defaulting cashier of the Russo-Chinese Bank, is ar raigned for sentence to-day in General Ses sions the case will be adjourned for a week, if Judge. 6* Sullivan gran's the mo tion of Frank Moss. Acting District At torney. The likelihood is that the motion win be granted despite the protest cf Leon B. Ginsberg, Wider's counsel, who is anx ious to have his client begin serving- his term in Sing Sing for the theft of more than $500,000 worth of securities from the bank. While Wider"? la^-yer was conferring ■™-: h Judge O'Sullivan yesterday, explain ing why sentence should be passed to-day. Mr. Moss was before the grand jury be ginning a sweeping investigation into the circumstances surrounding the disappear ance of the securities from the bank's vaults. Although one of the objects is to secure further Indictments against Wider in order that he may not escape with a lighf sen tence for his crime, Mr. Moss did not con ceal the fact that an effort will be made to learn whether or not the young cashier had accomplices in securing oi disposing of the stolen Bto< ks «nd bonds. "I cannot discuss a matter before the. grand jury." said Mr Moss, but Ido not mind saying that not a single financial man to whom I have spoken— and I have discussed the matter with many— beli«v«» Wider's statement that lie btole the securi ties unassisted and disposed of them in wild speculation on the stock market, as he has declared he did " The witnesses before the grand lury yes terday included a representative of Dick Brotl ers. on^of th P brokerage firms with •which Wld^r bad dealings, and represen tatives of th*> Rnsso-Chlnese Bank NARRAGANSETT WORRIED Prominent Residents Fear Re formers Are Seeking Warrants. Varrs.BTfinF.etf Pier. R I . Aug 9. — Promi nent people werr still waiting in suspense to-nigh* for the next move !n the gambling cru?adp which was started by Constable John G Cross and other reformers on Sun day. Cross has been out of town much of the day. a circumstance which started a report that he had gone elsewhere to get warrants signed, and that his return may be accompanied by arrests President T. J. McKenna of the Varra gransett Club, the raided institution, took newspaper men through the building to da-y for the purpose of disproving the as sertion that the tables and other appa ratus used were "rtxed" and that the games were crooked He lifted the heavy rugs and showed that there were no wires or other connections The lables themselves have neen taken from the clubhouse, and Mr. McKenna and the other officials de cline to • where th^y have been stored. Profet - Brander Matthews, an avowed reformei tad one of the men behind the recent r '. eaid to-day: "If tY' ijorlty of the people who fre quent th f er want gambling they should petitio Legislature for authority to eetab- I American Monte Carlo h're, but 8 I It is illegal to gamble I f.hall do - - to suppress it." SUIT FOR PROFITS DISMISSED Court Holds Barneys Did Not Live Up to Agreement with Hoyt. Justi<vo i>>hnian yes.terdav iTlmntHiwl 'he complaint In the suit brought by Ashhel H. Barney oiirt James W. Barney, execu tors of the estate of Charles T. Barney, and the Barney J.\^ta.te.s Company against th*i r.-[>r<-s.-nta.tive-s and devisees of Alfred M. Hoyt for an accounting and division of principal and profits in connection with a. real estate partnership entered Into between Charles T. Barney and Alfred M. Hoyt in U9O. The partnership was for the purpose of buying and selling' the plot of land between SGth and S7th streets. Broadway and Am sterdam avenue. According to the papers, Hoyt was to furnish the money and Barney was to handle th« property and find pur chasers for it Justice Lehman held that the plaintiffs did not live up to the terms of the partnership agreement HITS QUALEY AND CORBETT Mrs. Bull's Lawyer Scores Both In Injunction Proceedings. GRAND JURY TAKES UP CASE To Begin Investigation To-day of Charge That $35,000 Was Obtained by Fraud. "Qualey ?nd Corbett are the boldest and mnst brazen and unconscionable pair of swindlers that ever swindled a defenceless woman " In these and similar terms <"harles I* Craig, counsel for Mr?. Mary Kevins Bull, yesterday in the Supreme Court character ized John A. Qualey and Harvey w. Cor bett, who are accused of defrauding Mrs. Bull cut of 135.000. The principal phase of the civil proceed ings yesterday before Justice Lehman w*s a motion by counsel for Mrs. Bull to con tinue the temporary injunction issued re straining Qualey. Corbett. the Magnesia- Asbestos Company and the Fifth Avenue Bank from disposing of the money that Mrs. Bull paid for the Magnesia-Asbestos stock. It was sought to bring the First National Eank of Hobokep into the action, but the latter had not nepn served. Mr. Craig was so caustic and severe in his argument and his arraignment of Qua ley and Corbett that his remarks called forth the intimation from Pavid Hirsch. counsel for the two men, that he would have to answer at another time for his words. Craig argued that the money should be held up peniing the determination of the proceedings. "Whether the money is in New Jersey or California— and I understand that some of the money is In California." said the law yer, "the court has jurisdiction over the persons and acts of these two defendants. and should continue the injunction restrain ing them from spending this woman'? money until after the determination of h-r suit to recover it." Mr. Craig told of the alleged false rep resentations by which Qualey and Corbett induced Mrs. Bull to Invest her money In the Ma cmesia- Asbestos Company. He said that they told her that It was a "going concern" making $3,000 a day "Yes," ex claimed the lawyer, "going under the ham mer of the Sheriff of Essex County " At the very time that Qualev and Cor bett were making the statements •boot the prosperous condition of the company, said the lawyer, it was being advertised for foreclosure lie contended that the case was clearly one for a court of equity Mr. Craig declared Qualev and Corbett to be a pair of "brazen sw-ind!ers." to which counsel for the defendants took exception. saying that Mr Craig bad gone further than he had a right- to and wouW be held to a strict accountability for his state ments Mrs Buil's counsel responded: ■■Ve ry we!!, but as these two defendants have not seen fit to deny In affidavits 'he charges of fraud and deceit, which we se forth. they stand here for the purposes of this motion admitting the truth 'hei-e chirees " Mr. Hirsch, for Qualey and Ccrbett. said that they did deny the charges, but as he believed Mrs. Bull did not make out a cause of action he did not deem it neces sary to file affidavit? Mr. Hirsch said that Mr? Bull had mistaken her remedy and asked that the injunction be dismissed. He also denied that Qualey and Corbett obtained any money from Mrs. Bui! on false pretences. Mrs. Bull also wanted a receiver appointed for the defendants, but their counsel said that the only ground for the appointment of a receiver was Insolvency, «nd he denied that the de fendants were insolvent Justice Lehman reserved decision. The grand jury will commence an In vestigation to-day of the charges by Mrs. Bull against Qualey and Corbett. All the evidence thus far adduced in the police court before Magistrate Krotel bearing upon the, charge that Qualev and Corbett fraudulently obtained 553.000 from Mrs. Bui! through the medium of the Magnesia As bestos Company will be presented. Should indictments be returned before the end of the week, the police inquiry, which was postponed until next Monday, will be discontinued. CONTEST SCULPTOR'S WILL Ward's Sister's Talent Hidden, Her Attorney Alleges. Protest against tha probate of tbe win of J. Q A Ward, the sculptor, was filed In the Surrogate's office yesterday by Ed win A. Watson, of Truax &■ Watson, rep resenting Miss Eleanor Ward, the dead man's sister. Other contestants of the will are Eleanor W. Ayres and Henry Ward, a niece and nephew, who are r.-^pre?ented by Frederick B Woodruff. Undue Influence on the part of Mrs. Rachel H. Ostrander Smith "Ward, the principal legatee, was charged, and it was alleged that Mr. Ward was Incompetent to make a wilL Mr. Watson said yesterday: "It may not be expected that a man must provide for his sisters. Yet here is a case where this sister, as gifted as he and giving promise or" becoming as great a sculptor, was deliberately held back by him that she might not interfere with his ris ing fame. That we believe imposed an obligation on him. and we contend it was recognized by him. Then the present Mrs. Ward, who was his housekeeppr, comes along, and a will is drawn up which at tempts by its verbiage to set aside docu ments drawn by him years before. "There is a peculiar thing about that will, too. There Is no year date on it. It is dated '190—.' And there's a funny at testation clause, too. It avoids mention of the date by a most peculiar phrasing, which I've never seen in any other will Mr. Watson believes the sculptor's estate will be worth about $200,000. CHILD RUN OVER; NOT BRUISED Wheel of Delivery Wagon, Police Say. Passe dOver Her Leg. Genevieve Bolan, two years old, living at No. 51 West 12th street, was run over by a delivery wagon last evening, the hind wheel passing over her leg. according to the police of the East 126 th street station. She escaped without the slightest injury. The Child was In a go-cart In charge of her elder, sister May, and had been riding up »nad down the sidewalk near the Boian home. Genevleve was carrying a rag dolj. and aft«r she had been taken from the cart toddled out into the street directly in fro of a delivery wagon owned by -Michael Dowlink. of No 1303 Third avenue, and driven by John Robertson, of the same ad dress. The child fell down and the wheel pa—ed over her rigght leg. An examination showed no sign of injury, not even a bruise. The parents making no complaint, no ar »est was made. LINER ASSISTS BECALMED SLOOP. The Prlnz Joachim, of th« Alias service of the Hamburg-American Line, on dock ing here yesterday reported that between Colon and Kingston she fell in with the British sloop Steerling. which whs flying signals of distress. When the liner's cap tain found that the sailboat had run out of water and provisions as a result of being becalmed, he furnished theM neces ■ll m ami the Pilnz Joachim proceeded un her court* > V "CIRCLE MAGAZINE" FAILS Petition in Bankruptcy Filed — Liabilities Are $111,200. The Circle Publishing- Company, publisher of -The Circle Magazine." at No. 60 Madi son avenue, has filed a petition in bank ruptcy, with liabilities of $111,300 and assets of $51,833, consisting of stock. $13,500: office furniture. $5,000; advertising accounts. $21. 757; note. $5,000. and real "State, $1,575. Among the creditors are Eugene Thwinsr. president and treasurer of the company. $28,250; Redfield Brothers, $16,248; A. L* Redfield. $5,000; Borough Bank of Brooklyn, $4,500; Broadway Trust Company. $8,5<)O; Tlconderoga Pulp and Paper Company. $11,780; West Virginia Pulp and Paper Com pany. $2,700; George W. Wheelwright Paper Company. $6,039. and Funk & Wagnalls, $2,042. The company owes $2,304 to thirty one employes for salaries and $6,726 to 250 writers of articles. Among them are Will lam Jennings Bryan, $50. due since July 26. 1909; John Philip Sousa. $100; Edward Peple. $250: Catallna Paez. $100; William T. Benda. $150, and Horace Markley. Allen dale, Perm., $203. "The Circle Magazine" m started in January. 1907. by Funk & \Vagnall3 and was sold to the Circle Publishing Company in April. 1908, when this company was in corporated with capital stock of $100,000. which was increased to &OO.OCO in Novem ber. 1908. of which it is said about J275.0J0 was Issued. For a long time the company has been hampered, it is said, by lack of cash working capital, and effort:-! to get additional funds to continue the business were not successful. At tho annual meet ing, on April 33 last, there was authorized an issue of $300,000 debenture bonds, but no market could be found for the bonds, and it is said they were not printed. ACTOR ASSAULTED BY TWO MEN. I^eroy Sumner, a vaudeville actor, was awakened early yesterday morning by the sound of rapping on the door of his fur nished room, at No. 12 W»st l'""9th street He got out of bed and opened th« door to look into 'he hill. As ho did so two men set upon him. When arrested later they gave their names as Frank Finn and Oscar Cling, and in the West Sld» Court told Magistrate Bre<»n th.at they beat Sumner berause he insulted them one night about a week ago. while they were vl?lt ing tome one in the house They were held in $500 bail for further examination. MARINE INTELLIGENCE. MINIATURE ALMANAC. Sunrise, 5:04. sunset. 7:06; moon rises. M; moon's asre. 5. HIGH WATER. A.M. P.M. Sandy Hook 11:18 H:-S Governor^ Island 11-51 12:00 H^!i Gate 1 41 i;so WIRELESS REPORTS. Th« Graf Waidersee. reported as 750 miles east of Sandy Hook at 4.15 d m yesterday. Is expected to dock Friday forenoon. Th* Majestic, reported as "S3 tnlles east of Sandy Hook at 6.30 a in yesterday, is expected to dock Thursday forenoon The Kor.!?!n Luis*, reported as 7 : 5 rr.i!*3 «ast of Sandy Hook at 4:45 a m yesterday, is axpected to dock Friday forenoon. INCOMING STEAMERS. TO-DAY. Vessel From. Llse. •Geo WashingtCTi. Bremen. Ausr 2 N G L •Allianca. . . Cristobal, A^ig 4 Panama P. P. S-ir'jga Gibraltar. July 23 . El Mar GalTeston Augr 2 . So Pas Marina Antwerp. July ».... -. Volturno Rotterdam, July 28. Uranium Val Salice Gibraltar. July 27 THURSDAY. AUGUST 11 •Lusitania . . Liverpool. Aue I Cunard •Majestic Southampton, Ausr 3...W Star •Trent .. . Bermuda. An* 9. . . Royal Mai! Trinidad Halifax. Aoa 9 Quebec City of Atlanta. ...Savannah, Aug- 8. .Savannah El Cid .Galveston, Augr 5 .....So Pac C"mv? . . ... New Orleans, Ana *. . .So Pac San Marcos Galveston, Aug 9 MaJJorjr FRIDAY, AUGUST 12. *La Provence. Havre, .ati? 6 .. French •Cristobal .. Cristobal" Ausr 8 . .Pan p. F. "Esperanza Havana. Ans 9 Wart •Zacpapa Colon. AtJg 5. ... ..United Fruit Graf waldersee Hamburg July 31 Hatnb-Aia Konigtn v:>» Gibraltar. Ausr 2. N Q Uoyd Bordeaux Havre. July 30 .... French C!enfuegO3 Cien£uegC3, '■.•;*• 6 Ward •Brines mai*. OUTGOING STEAMERS. TO-DAY. Mai! Vaml Vessel. For. Line, closes. »ai!s. Mauritania. i port, Canard 5:20 i m 9(Oa,™ ? Lincoln. Hanb';, Hamb-A. 7:00 am 10:00 a ™ Ocean"-. Southampton, TV 5. 11:30 a m 300 Dm St Egbert. Argentina. Barber 3:00 a r.i 600 am. Ancon. Cristobal. Par. R R.. 6:30 a m 12:00 m Desterro. P'mbuco. Hamb-A. 11:00 a m 100 p m R Prince. Rio de Jan. Prince. 12. ra 3:00 pm Colorado. Galvcston. Mallory. l:0O p m Ccmanche, Jacksonville, Clyde ■ 1 •»"> p m Lampasas. Tampa. Manor] 1:00pm Monroe, Norfolk. Old Dem . . 3:00 p m THURSDAY. AUGUST 11 La Bretapne. Havre. French. 7:00 an 10-00 a m Venezia, Naples. Fabre ..... Barbarossa. Bremen. N G L.. BCerida. Havana, TVard P:ooam 12-(V> m Alleshany, Haytl, Hamb-Am. P 00a m 12;0<> m Metapan. Jamaica. Un Fruit. 9:30 am 12:0<> m Panama, Cristobal. Panama. .ll:3O am. S:*v» r »r, C of Montgomery. Sayan. Banr 3:00 pm FRIDAY. AUGUST 12. Vieilancia, Nassau. Ward . 12:00 m 300pm Prins Maurits. Hayti. RDWl..ll:flt>am ! •>"» pni Ikalis. Montevideo. . 7:00 am 10:00 am Arapahcu». Jacksonville. Clyde. — ■ — 1-flOpm Jefferson, Norfolk. Old Don m p m TRANSPACIFIC MAILS. Destination and steamer. Close in N. V., P. M. Hawaii, Japan. Corea and China (via San Francisco) Tenyo M?ru Aun 11,6:30 Japan. Cores, China and Philippine Islands (via Vancoui er and Vie toria) Empress of India . »i;* 12, 6:30 Samoan Islands. New Zealand and Australia (except West) (via San Francisco* — Oceano Augr 15.6:30 Hawaii (via San Francisco) — Pl»rra.Aus 15. 6:30 Japan. Cow and China (via Tai-oma) — Seattle Maru Aug 13. 6:30 Japan, corea and China (via Seattle) — Kumerlc Aug IS. 6:30 Hawaii, Japan. Corea. China and Philippine Islands (via San Fran clscot — Corea Aup l«. 6:30 Hawaii (via San Francisco) — Lur- Hne . A'jg Ift, 6:30 Hawaii. Guam and Philippine islands (via ?an Francisco)— United States transport Aur 31. 6:30 Tahiti. Marquesas nnd Cook Islands. New Zealand and Australia (ex cept West) (via San Francisco) — Mariposa gept 9. « ■ SHTPPING NEWS Port of New York, Tuesday, August 9, 1910. ARRIVED Steamer Larimer, Port Arthur A-i< | fr> the j m Guffey Petroleum Co. LeJt Quaran tine at 9:52 a m. -*^<»-i<m Steamer Carib. Georgetown August 4 and i Wilmington A to the Clyde 8. CoT with p " senders and mdse. Left Quarantine at 730 am Stfamer Kin Edward (Bri. H«#Hr« July -% U> Augu_stus I^deux. with ore. Arrived at the Steamer Ryndam (Dutch>. Rotterdam »t,^ Boulogne July 30. to Holland-AnrrlA i?ne wi-.h 526 cabin and OX' ntw.g" pa,wnJ?« and mdse. Arrived at th« Bar at 3 iVi a m Steamer United States -p,-.', „„"„„ July 28, Chrlstlania 2!> and Chriatla nH^ to ranch. Edye & Co. with 210 c"wr an,? f^ B:;^nT:;."rr"""" ls - « •• ■ Steamer Prtnz J%ach!m (Ger> cjat-^. i.f July 28. Port Limon August r Colon -v ,' a ston I and Fortune Island 5 , n ,h, j.^k ■" American Line, with 59 pa»ien X '1' 1 1 hurs I mda. Arrived at the BaFaTsSE m ' an>l Steamer Oceania (Auat> Trie.T- "1 v i Patraa 'J4. Palermo ■■? anrl , !ll Phelp. Bros • ,-,, wUh , I JIJ ss^*i: i smr m -•«■*« Saw., 1 -! j Oranße T'rlnre 1 n^i cr Rio d« Janeiro Irt. V "f^^Ji' **™? a ™T 9. Trinidad August 1. t,. fa.i v .- * k *-~ an<t with indae. Arrive,! at i*a Bar «-* * r °* Steamer Prlnc^ns Annj \,.™.. U J m ' Norfolk, to th* Old Dominion "r«-o ! ** W1 amt .enger S and md».. ,^ ft> oo U aranUn "al* S^M Steamer Huxheriden (Br» Tn..,»ni Mejillones and Antofajrasta' IS . l aae X ~ dera a. Coqulmbo '• a! ! Mentevldeo July 8 and J??,, ' i C««m.l -"' Bar at Grace 1,1 Ct,. ,?",„ n " 19 ' Arnv.l »r - » Bar at 10 a m mda<! ' Arrived at the N^"V:;; ItSTcut SaFE U!ni " «• '-> the ■e&cera, mails and mdsl 4 S ,''^ " tth m "' 5:2.S a m. 3S^- A rrivrd at th« Bar a» kS'^^^^*™^ Au.u.l 3 an., K ers and md B e. Left Q^S n^ C °" Vl h *•»•«>- Reamer Mttweapolt^ n^^V^Lf 1 * '" ' the Atlantic Transport Tjni 1 L? 1L ?1 d ° n -»"lv 10 to ■ Pirera and mdaT \rrU,i Uh »> l ' abtn paa a m. Arrived at the Bar a 3:43 Steamer Terence in r , «;-„, . . bados Ausrußt -J. to Busk * U V T 1 am! Bar ' oa»»eniere and mdse \Ak«S r>a n!*l'«. with 23 a m. .\rn\^i m the Bar at 5:20 Bt< »!i^- Ram n ,If, t - , A,. g uM 4 to Barber f^"lf** lP " CaJharl« ■•aiaiajitl Au^-.itr t?. to t>^» Brunswick S» Co. with mds*. Left Oust*—. %t 7:4* p m ' v^» Steamer <~?>tpp«wa. Jacksonvtn» Auya»t 7 , th« Clvl* Ba Co. with ends*. Left Qaar*at!ai ? 8.15 p m. _*» St«aro»r Sum?* (Br). Hlo*o Mar 17. ShasS? 27 and Sln»apor<» Jun* 17. to Barber & Co, £5 mdf*. Anchor*-! to Quarantine tt 9p n. ™ Sti>am*r Suruga 'Bn. Kob« May 17 TiC 1 Ka :-hl 1». Moll , 22. S*an«hal 27. K*»ia-_ rr? Hen* Koc«r Juno ■*. Singapore 17. P»rtai jjLy Suez 13. Port Bald 14 ajid Algiers 21, to gsij * Co. Inc. with m<ls«. Arrived at th« B«r — 7:40 pm. '^*51 Sandy Hook. N J. Atur 9, 9 -SO p m-^ww southeast, light breeza; partly doo«l7: Ujhf B «T* j SAILED. Steamers Hair.burff 'Oar). Naples; Rott-i^^l (Dutch*. Rotterdam: Kai«*r Wllhetra <j»- Vj'-^j <<j°r>. r:r«sm«n; Oceania Clt&J), »pl<»; El liny* New Orleans: Maraean (Brt. Perth AmbmrTj Taso. Galveston; Apach*. Charleston an,-' '«.? sonvllle; Korona '80. I>em»rara: Monroe rZ" folk ami Newport News; City of St Louia/* vannah: Atlantis (Nor). Puerto Plata; Tp>t«ml (Br). St John. N B: Delaware. PMUtfejgS* Ch*»ap<?ak». Baltimore. ' "™ STEAMERS; AT FOREIGN PORTS, ARRIVED. Sydney. M ■ "W, An* — Strathely»J % ... York and St Vincent. CV. vl a M«: •-->■•.-. Dunedln. Augr S— lndranl <B->, New Tort v*, ■*, Vincent. C V. and Melb«>urn». * Antwerp. Au« ft, 6 a nv — Finland T>:*> «— Tork via. Dover. ' '** Bristol, Ausr H — New Tork City fßr). JT«-v •?„.* F.i'. do Janeiro. Au* 6 — Spanish Pt}rc» (Er) xi York for Pantos, etc. ' *• Kurrach«« Augr 6 — Moltkefel* (Otf), N>^ »„ via Aden. »tc "|« Bremen. Au» B. 1 » m — Kaiser W* » — — «*_. New Tork via Plymouth and «"!;*--^ ,- ? Cherbourg. An* 7. 5 a m — Kalserln Vi<- : r>«_ terla (G*r). New York via Plymouth {r» Hamburg (an<l proceeded). s-™ ; Bristol. a i< 9 — N>w York City (Br). >:•-» Tori, SAILED. Seville. Auk — Potomac <Br>, (from Barcelee'jr*- New York. 7. Palermo. Ausr s—Kant5 — Kant Anna 'Frl. (frcra Mar seilles). New York. Malta. Au? — African Prlnc«» rßr>. (froia Yek*. hama. etc). Boston and New York. Colombo, Au* 7 — Wyrerlc fßr). ffrosj Hos» Kong , etc). Boston and New York. "* Bordeaux. Aug 6—6 — Hudson (Fr). (from Dunklriv New York. . Algiers. auk s—Columbia5 — Columbia (Aust). <rrr>-^ 7r>»t«. New York. '' St Michael's. Au« a~lfar^a>n% rßr>. ,*^^ Southampton). New Y.rk via, Colon. K'.T.f. Fton. etc. Liverpool. A us: 9 Carmanfa. (Br), New York v* Queens town. PASSED. Lizard. Au^ 9 — Rotterdam (Dutch), New. Tort, for Amsterdam. Gibraltar, aujc o—Roma.0 — Roma. (Fr). N*w York for X*. pies and Marseilles. What better to bridge a gap in your vacation wardrobe than an extra pair of flannel trousers at a reduced price. $•5, $6 and 87 now, instead: of 87. 88 and $9- :S| All the travelling equipment, as well as clothes, for any va cation trip. Suit cases, bag?, trunks, steamer rncr?. Rogers Peet & Company. Three Broadway Stores at at at Warren st. 13th st. 34th st AMUSEMENTS NZW YORK'S 3LEADI>'G THEATRES, ftADDIPV 35'.h St . =r B'-x-ay. Zvs ?IS. UMfiniuA Mat. Saturday Only, 2:1" II FEKFFCTT V RIFfING." — H?ra!i || "ACDIE>'CE ROARED BEFORE lITRF LIONS DlD.**— An eri can. 11 ' >';-; a yon !aue!> it ywa lost all LOVE AMONG THE l LIOHS WlncheU Smith's New Farcical R-o^s=cf>. KNICKERBOCKER 3 mI'J sat. oS. 2'^ 88 t mWh THE ARCADIANS Or!?ina! Wonderful Cast at Over 100 "Don't mi» it at anr co*t." — Er». S-oa. MOX.. AfG 23— "OUR Ml*:* GIBBS." ■ VPCIIU -* st & ?t ~ nr - B'way. ! SEATS Li UkUln TO-MOB'W at 3:13 ! NOW The Romantic Comedy by F. ANSTST. THE BRASS BOTTLE Cast Incl. Ficfcard Bennett. Edwin Stewm* Fuller Me'- Louis f'-.«"f '-.«" Mrs rhomai WMg— ■ Ir*»ne F-nw - C?ci!!a Radc'.yrr*. illinCfltl 44th St.. nr. BTway. I Seats nUUoUn nfxt MONPAV. •*■-•--* TH™ YEARS DRAMATIC SENSATION THE SPENDTHRIFT: CnlTcnlun nfxt Mr»i>w --? The Commuters CHARLES DILLTNGHAM"? Ev« '- SI» f% I g^ D C Bw-ay. Matinee ?arur \Jk L, \J Eli IS. 48ttiSt day a« 2:13 RKOPFAS N F\T WED. (Seats Co -■--«-> BESSIE McGOY - First Tim* Trr»T>^r<<l Ku<»tan Dancer*. JARDIN — PARIS wxSW^k^ Atop N.Y-Th?<*tr». Ers.*:H T«bl Cfeain Sl Smok'g '--> v --- li P ■■-• Show to Arr^rlc*. SOMETHING NHV EVERY WEEK. F. ZIEGFET.O. At » New >on? K«"Mie. FOLLIES of 19 1 QIC NEW »MSTEHDI* Cpo ,, acd comfortable; Matins^ To-day. Best S->at3 •.1.30 Frederic mm Iro " A »how#r o* N-au- Thompson bIKL f.\ ti?s. melody a-3 presents **• IILI fun "—Herald With .lo>« Caw-thorn and Maude Raymond. [GAIETY %T/m'Tsir^ s FORTUNE HUNTER I with JQHr* .fIAP»y/tO<?g. _ J Lew Fields" Herald Sir . Bway & roth St r»« n m MARIE QnESSLEnM«.HrM\K> CASINO. B"« iv .v 30th -- Ev.* : is. Ma'.?at r \r>V UP and DOWN BROADWAy ggSS LYRIC 4 ' 11 ?t • W - of B'way. Evji ! 15 W^=:lS, LOUIS MiHN c»Tka?ER Broadway Thra.. 4! * B> Ev.S-15 Mar Sat IKB I THE SI MMER I IRE>E FIH I wiPOWT.Rs I rn.\>Ki.i> H\MMFK>rEINS I VALESK \ »IRVTr ROOF C, Daily I and «M, C.Ol'lD. .„"" U " Matinee I 1O other Btf Ac« EXTRA r ,7\Y^rTHE M * l3 cf MYSTEBT lICTnD B v 4;Sfh st Kves «11 I^• ■'■ Nw I Uil * Par.. !MS. Today Mat . 50--sl.3i\ i^^» SEVEN DAYS I AMERICAN RQQfSSgi&iSM I I \|K\.lt\N I.IBBKY. Mile- MI.VAAIINAB. I l.u< v \\>»ton. Zoo» Vftrfjr. other*. _ "" Krllh & Proctor'!* Th*> ItAlfonUus*. Martini STU lUC Bw»y. Montgomery. Temp" in Alt. ■_•<*' St. Quartstt*. J«w«ir» Mi* r>aUy.Mat.;*&soc. . Iktna and ota»ra.' CITY THEATRE i.oo.:w»<t"w. as *» S OPENING (ir.O ANS- HONEY -ISEAT SATURDAY BOY MIN-IKH-. • j:aL 'JF.- N^IC.HT. with JAs, J. CQRBKTT iTO^P*^ DREAMLAND Origins! Jeffrles-John^oa MoTlnx Picture*. Take Iron Steamboat*. LUNA PARO E^?% , * —^»* ■■■*■■ -<WWi ■%,, Trin-trr— 'I ill ia mi mi ■ Hi' milEl^Mi