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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, August 17, 1910, Image 12

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CLERKS IN NAME ONLY
Graft Hunting Committee Hears
of Strange Doings in Albany.
HINTS OF REAL SINECURES
First Public Hearing August 30
Reasons for Seeming Delay
in Beginning Work.
Though verified charees have not been
T>re<«ited to the legislative graft hunting
; omTraTte *_the phrasing of the resolution
creaUnp the body rendered that almost out
of the Question-it was learned yesterday
that much material worth investigation had
been accumulated. Anonymous communi
cations, some of them patently the work
of era.-* others more promising have
flooded the committee and ex-Jus-tice M
Linn Bruce, Its counsel. These are being
sifted and investigated preparatory to the
Jlrrt public hearing of the committee, on
August. SO.
* An executive session of the committee
was held yesterday at the Murray Hill
Hotel. It becajne known then that one 01
the thinps recently called to the attention
of the committee was the faot that legis
lative clerkships had been dispensed for
years as "pap" to political bosses. The
committee is likely to go into the matter
early in its career. It has been common
gossip in political and legislative circles
that committee clerkships and stenograph
ers' places have been apportioned among
politicians for years, although conditions
were formerly much worse.
The committeemen have been told so
called clerks never saw Albany, but had
their pay mailed to them, while others,
among them many women, presented them
selves at the capital only on pay days.
Speaker "Wadsworth discovered this con
dition of affairs early in his first year as
presiding, officer of the lower house, and
cleaned out many of the hangers-on who
rendered no service for the state's money.
Some of the committeemen have the no
tion, though, that there is room for fur
ther investigation and a sort of house
cleaning in that regard.
all members of th* committee, save Sen- j
ator ITUfl.ll. who is in Europe, attended ;
yesterdays meeting. Mr. Bruce said he
made a report to the committee of the i
.progress elready made by counsel in the
investigation.
The books of the- Ellingwood & Cunning
ham brokerage firm, which furnished much
material for the Allds investigation and ;
Superintendent Hotchkiss's graft hunt,
were at the committee's disposal, he said.
A corps of experts was at work on them
and on other material.
Alfred Hurrell and Isidor Kresel, assist
ant counsel of the committee, the actuary
and experts are at work daily on material j
which they are preparing for the opening ,
sessions, Mr. B-uce said.
Mr. Merritt, chairman of the committee, \
will be there much of the time from now j
■until August IB
Members of the committee were Inclined
to resent criticisms that the committee had
been unusually slow in getting at its work.
They said the material at their disposal
had to be analyzed and put into workable
shape before it would pay to subpeena wit- I
nesses and b<=-cin public hearings.
They considered that the prompt work
of the Armstrong committee, of which
Charles E. Hughes was chairman, was
begun under different conditions, when
many open leads had been given by the
internal warfare among the insurance com
panies, and particularly the Editable. They
paid that when this graft hurt really got
under way no proper accusation of lack of
diligence or desire to probe to the bottom
could be mad*-
ACCUSES CHIEF OF ASSAULT
Ex-Mayor G-arretson of Newport to
Make Formal Charge To-day.
[By Teleprarh to The Tribune.]
(Sewpott, R. 1.. Aug. 16. — Ex-Mayor
Fr^^^.rirk P. Oarretson will pn into the
police court to-morrow morning and make a
formal chare^ of assault against Chief of
Police James R. Crowley. Mr. Garretson,
-. ■- r -c .it treasurer of the fleet r'^eption
committee, "as in Washington Square this
afternoon and prot^sfd against spinning
wheels, on the ground that they w*»re
frambline devices. Chief Crovley came
atone and tb*"re ■was considerable talk.
durlne v.-hich the chief said he would in
quire Into the matter.
One word led to another, and Mr Gar
reteon charges that the chief pushed him.
He consult«M3 a lawyer at once and decid
ed" to make a formal charge against the
* lief to-morrow morning. The matter
•u-ill attract much attention and make
considerable excitement. Mr. Garretson
Is .a member of nearly all the clubs in
Xe\rport and is well known in the cottage
colowy.
ANOTHER
BATHING
GIRL
The second of a series
of handsome cover designs
with the
Sunday Magazine
of the
NEW-YORK
TRIBUNE
on
August 21st
BEAUTIFULLY
LITHOGRAPHED
in colors.
"Stand Still and I'll Svvim
to You" is the happy caption
of the picture.
James Montgomery Hagg
is the artist.
With the issue of August
28th will come tho final two
figure cover of the series hy
Howard Chandler Christy.
ORDER THE
Sunday Tribune
IN ADVANCE.
PINK RHINO FORCED TO GO
Moved from Central Park Stall
It Occupied 21 Years.
" The pink rhinoceros, which has been con
fined in its stall in the south end of the
elephant house in Central Park for twenty
one years nnd in that period of time has
never been out of its quarters, was moved
yesterday aftemoor.
It became evident to Park rvmmlssioner
?t over recently that in cas* of a fire in
t nf . pi«»phant bouse there would not be any
Chance Of rescuing the rhinoceros, as the
steel bars of its stall were riveted to the
BoOTfng Tt -ttns decided to put a steel
safety gate, with counter-balance weights,
OB the wfst side of the stall.
Workmen began to place the gate in
position yesterday afternoon, and the first
thine that had to be done was to get the
ar-ima! out of its quarters. The two other
st-ii!s Ir> the elephant house are occupied
by Hattie and Jewel. Ksst Indian ele
phants. Head Keeper "Bill' Bnyder had
Hattie brought out into the yard. Th©
rhinoceros was then lassoed by Snyder
and tied to the bars of the stall.
Then a dozen men raised the Sfln-pourid
st ce! .ioor that separated the rhino's stall
from Hattie. the elephant, and 11 took near
ly an hour to raise this door high enough
to allow the animal to pass under.
The rhinoceros in the mean time grew
excited at the big crowd of persons as
sembled to watch the operation, and be
gan pawing the ground, while with its
double horns It tried to tear down the steel
lined wall. The crowd was finally ex
cluded, in order to keep the animal quiet.
Bnyder placed a bale of hay in Hattie's
cage; nnd after nibbling around for a
time the rhinoceros finally moved Into the
new quarters. Then It made a quick move
and returned to its own stall, and Pnyder
had to try all over again. The second trial
was successful and the heavy door dropped.
The rhinoceros, which was purchased in
ISK, is in the neighborhood of forty years
Of age, ar.ri. besides its pink skin, has an
other odd feature, in that it has a double
ti r.cue.
AGED BROKER FOUND
Samuel Mortimer Parker Had
Disappeared on Monday.
Samuel Mortimer Parker, seventy-five
year? old. who was a charter member of the
New Sot* Cotton Exchange and who had
been missing since Monday from his home.
No H West 97th street, was found last night
wandering in East Losth street and taken to
his home A genera! alarm had been sent
out for him.
He left the house on Monday with his
wife, whose purpose was to meet a grand
son, and after a short while with her he
started alone for Central Park, where he
has been accustomed to spend a little time
even- day during the summer. That was
the last tone any member of his family had
seen him.
BONDSMEN CALLED TO TASK
Contempt Charge Threatened
for Transferring Property.
Acting District Attorney Mops said last
night it wa^ learned during his investiga
tion of the conduct of Magistrate Peter
Barlow in releasing under reduced ball
three alleged burglars wanted by the Bos
ton pniir-e that within twenty-four hours
after the disappearance of the accused men
their bondsmen transferred the real estate
specified in The bonds.
It was only after threats of contempt pro
ceedings had been made. Mr. Moss added,
that these bondsmen proceeded to have the
property transferred back to them, in or
der that the Sheriff might execute a Judg
ment against them.
The bonds thereby became effective, and
the matter w^.s considered closed until Gov
ernor Hughes, at the request of Governor
Draper of Massachusetts, started an inves
tigation of the entire affair
Other developments of a mnrc sensational
nature are expected as the result of state
ments made to Mr Mops by the sister of
David J duck, one of the bondsmen.
Harris ' Rothstein. Jacob Goldberg and Jo
seph Goldberg were arrested on March 29
by the New York police and held at the
request of the Boston authorities on the
charge of Ftealing SIS.W worth of Jewelry
fmm the store of Samuel J. CUian They
wen held by Magistrate Barlow in $lO,<W>
bail ea<-h. Later the bond was reduced to
Gluck went on the bond of Rothstein, and
Harry Secnerry. saii to he a relative of
Gluck. acted as bondsmen for the two
Goldbergs The examination of the three
men was f-et down for March 3<\ but they
did not appear, and Magistrate Barlow d
riar^d the bonds forfeited.
When the bonds reached the District
Attorneys office in the ordinary routine,
however, and executions were sent to the
gj erMt lt w . ;iF discovered that none of the
real estate was in the names of the bonds
men, it having been transferred by them to
• ■ persons. _^^^___
BIG LAWSUIT SETTLED
Cotton-Yon Armin Case, Involv
ing $1,000,000, Compromised.
: Boston Aug. -A secret agreement made
ou- of court to-day brought to an end the
Cotton-Yon Arnim case, which has been
through the state courts for six years. in
volving 11,000.000 and interest, said to have
been excessive commission and profits taken
by certain officers of the American Tube
Works, Of Boston.
The case came up as an equity suit
brought by Otto Yon Arnim, of New York,
and James G. Freeman, of Boston, trustees
under the will of Elizabeth Cotton Yon Ar
nim. the principal defendants being Walter
G. Cotton, president of the American Tube
Works and his brothers. William C Cot
i ton treasurer, and Frank B. Cotton, assist
, ant' treasurer. The only surviving defend
ant is William C. Cotton.
\fter going through the Superior and Su
preme' courts the case finally landed in a
master's hand?, whose report was approved
| by the. full bench when the case was dis-
I missed by agreement.- The master reported
that the payments made to themselves by
the, officers were proper, but left to the
court to determine whether the amounts
paid in any particular year were excessive.
NO FEES FOR OFFICEHOLDER
Court Decides Chief Clerk Cannot Col
* lect for Condemnation Work.
Justice Goff yesterday decided that Will
lam Kearney was not entitled to collect
$105 in fees as condemnation commissioner,
because while serving in that capacity he
held the fob of chief clerk in the office of
the President of the Bronx Borough
Kearney served at several meetings of the
Zerega avenue commission, but resigned
when be learned that he wan barred by
reason of his oth-r public office. He ex
plained thai hie had acted as commissioner
during his lunch hour. •
Justin G<iff said that while Kearney
acted in good faith he could not collect
the money that he. asked for attending the
meetings. _
MAY DEFER WIDER'S SENTENCE.
When Krv.in J. Wider, the defaulting
cashier of the ttusso-Chinese Hank, is ar
raigned to-day for sentence In General
Sessions ti,. District Attorney's office will
ask tor a further postponement The ob
ject of the delay, it is understood, is to se
cure further Indictments In connection
with Wider.-: thef' of more than half a
million dollar** worth of securities from
the bank's vaults Two indictments are
now pending against him. covering nearly
135,000. Wider has pleaded guilt) to only
1 one of them.
WEDNESDAY. JftW^lttlt WtflWSttt, AVGV ™ "'
WEIGH EGGS? PROBABLY
Driscol! Declares Scales Must Be
Used, and Dealers Protest.
TO DISCUSS MATTER ANEW
Will Meet Committee and Talk
Over Reasons Advanced in
Opposition to the Order.
Despite the protests of the egg mer
chants. Clement J. Driseoll, chief of the
L'.ureau of Weights and Measures, stated
emphatically yesterday that eggs must be
sc-ld by weight. Alderman James Weston,
of Brooklyn, said It was foolish to propose
such a thing and that the Mayor would
certainly veto such an ordinance
"I want to tell you right here that Mayor
Gaynor thinks absolutely as I do on this
subject and that I am acting with his
entire approval." retorted Mr. Driseoll.
Alderman Weston, who is an egg dealer
himself, came forward with the ordinance
under which Commissioner Driseoll is act
ing and asked where eggs were mentioned
In it. "I have been called down on the
Mercantile Exchange for voting for an ordi
nance to sell bread and eggs by weight," he
said, "and I said then and say now that I
never understood it so."
"Did you ever read the ordinance, Alder
m&n?" asked Mr. Driseoll.
•"I read it since this thing came tip."
"Weil, if you read it again, you will see
that it says all commodities must be sold
by weight or measure."
"And you call eggs commodities?"
"1 most certainly do. What else can you
call them?"
"Such a thing was never heard of in
these Tnited States before as selling bread
and eggs by weight."
"I beg yoir pardon. There was a specific
ordinance passed just after consolidation
providing that bread must be sold by
weight."
"Then, what is Alderman Walsh's new
ordinance for? "
"Alderman Walsh's ordinance is to
standardize the loaf, but the other ordi
nance existed for years."
"But nobody ever heard of selling eggs
by weight."
•If you will come to the office I will show
you an ordinance of the city of Denver to
that effect In Cleveland the merchants
themselves provide for it And. anyhow,
it is the law and I cannot change it if I
would. And I would not change it, for I be
lieve It will mean a better quality of eggs.
The cold storage egg weighs less than the
fresh egg and there will be no profit in
T aiming off the cold storage eggs for fresh
ones."
Mr. Drlscoll produced two dozen egtrs
don» up in parcels of a dozen each. They
were bought In the same store at the same
time an hour before the hearing. One
weighed IS ounces and the other 23 ounces.
••Do you mean to tell me." he asked,
"that a man should pay the same price for
each dozen '""
"Yes, if the egg-- are equally fresh." re
plied the spokesman for the Mercantile
Exchange.
Mr. Driscoll pointed out that size was
not the only consideration, neither was
age. One farmer might feed his hens well,
care for tnem properly and house them
right, while another might let them run
wild, picking up their sustenance wherever
they could. The eggs from the farm of the
\ last described farmer would not weigh as
much or be as good as those from the
other. Yet the consumer would have to
pay the same, under present conditions.
■Weighing the eggs would make a differ
ence and encourage the production of bet
ter egps, he declared.
Although Mr. Driseoll announced at first
that he wished to hear only reasons for
fixing a date and methods of weighing, the
dealers were insistent, and finally he al
lowed them to advance reasons why eegs
should not be gold by weight A memorial
from the Mercantile Exchange was read
setting forth that Southern eges which
were fresh at certain seasons were smaller
than Northern eggs.
"Put will not the fresh Southern egg'
welch as much as the larger Northern
egg?" asked Mr. Driscoll. The spokesman
of the exchange was not prepared to an
swer.
Finally, after flve or six of the dealers
had pointed out that the cost of weighing
wholesale lots would be great, Mr. Driseoll
arranged that a committee representing
the fifty dealers present should meet him
later to discuss the matter anew.
CLEWS IN RICE CASE
Posse Trails Pair to Swamp —
Four Others Suspected.
Cleveland. Aug. 16.— A posse to-day trailed
two men, suspected of connection with
the murder of William L. Rice, an
attorney of Cleveland, to a swamp near
Geneva-on-the-Lake, about forty miles
from this city. The search was temporarily
abandoned, but may be resumed to-mor
row.
Suspicion was first aroused last Thurs
day when a man. with Ms hand bandaged,
called at the home of Mrs Mettle Davitt.
at North Madison, and asked for a Cleve
land newspaper containing an account of
the murder.
To-day two men held up a newsboy near
Geneva, but released him when they found
he had no Cleveland papers. The boy told
his parents. Marshal Baker and Constable
Van Hoosier headed a posse, and a smoul
dering fire was found in the centre of a
twenty-acre wood. From the deserted camp
the trail led to a forty-acre tract of swamp
land. The posse did not enter the swamp.
Another clew has led to a search for a
colored man and a Sicilian, who sought
to sell a revolver of the type and calibre
of the one from which the shot that killed
Rice, was fired.
Robert C. Allison, a repair shop foreman,
gave the detectives to-day information that
may prove valuable. He said that just be
j fore the murder he met two foreigners near
the Rice home. They asked him the direc
tion of the Pennsylvania Railroad. The
county officials think these are the same
men mentioned by several other witnesses
and are searching for the pair.
PLANS FOR SKENE TRIAL
Indictments Against Former State En
gineer To Be Taken Up in Order.
Albany, Aug. Attorney General
b'Malley has decided to try the indict
ments again** ex-State Engineer Frederick
Bkene, who is charged with Irregularities
In connection with the awarding of good
road contracts, in their order. The Attor
ney General to-day notified J. t* Ten Eyck,
counsel for Mr. Bkene, that on August 29
1,.- would move trial on the first indict
ment, which charges Bkene and John 1>
Russell, president of the Russell Contract-
Ing Company, of New York City, with
grand larceny. it Is alleged that the bid
of tin- Russell company on road No. 437,
In Nassau County, was raised $9,000.
In his letter to Mr. Ten Bye* the Attor
ney General says that should circum
stances make it impossible for him to pro
ceed with the trial of she Russell Indict
ment he will t.ike up the other Indictments
in their order until one is reached on which
i trial tan proceed without dei*v .
DASH PEPPER AT POLICEMEN
Sharp Battle with Women in
New Sugar Strike Riot.
Inflamed by the news of the death from
gangrene in St. Catharine's Hospital yes
terday of Malica Polosky. one of the
strikers who was shot in the sugar strike
riot of July 27 in Williamsburg. the wives
of the men on strike, acting as pickets for
their husbands, caused an outbreak which
for violence was little short of the July
affair. *
Two strike breakers were the innocent
cause of adding fuel to the flames. They
left the refinery at noon to go to a grocery
store, and were attacked by five women.
Police under command of Captain Dooley,
of the Bedford avenue station, went to
their aid. Th» women turned on them and
threw red pepper in their faces.
Other policemen joining them also were
met with charges of red pepper. Then the
policemen resorted to their clubs, and
when the rioting was suppressed four
women and one man were under arrest.
They were Mrs. Mary Molonsky, twenty
four yeaTS old. of No. 297 Kent avenue;
Mrs. Eva Nazovitz. twenty-seven, of No.
63 South 2d street: Mrs. Annie Kranske.
twenty-seven, of No 295 Kent avenue:
Mrs. May Glenza, thirty-two, of No 305
Kent avenue, and her husband, Stanislaus,
thirty-seven.
All the prisoners were charged with as
sault and inciting a riot and were taken
to the Bedford avenue police station
whence they were removed to the Bedford
avenue court, where all were held for a
further hearing.
TO FIGHT BACK WITH LAW
Cloak Employers to Prosecute
Strikers Who Use Violence.
More attacks were made by striking
eloakmakers on non-union men yesterday.
Several men were arrested, and two were
fined in police courts.
Headquarters were established yesterday
at the Hoffman House by the legal staff
of the manufacturers' association, for the
purpose of hearing complaints of non-union
cioakmakers and their wives who were
threatened by strikers at their homes, with
a view t'> proceeding against the alleged
culprits in the courts. Mrs. Gussie Prot
ter. of No. 52 Avenue D. who was one of
the complainants, said that several strikers
broke Into her home while she was with
her daughter on Saturday, and threatened
to "cut her to pieces' if she did not pre
vent her husband who is employed in a
clcakmaking factory, from going to work.
The lawyers for the association will take
the rase to the courts to-day.
The executive committee of the associa
tion met yesterday afternoon and issued
a statement, which said there were indica
tions that among the Italian cloakmakers.
at least, there was dissatisfaction with the
strike. One large manufacturer who is an
Italian and employs Italians said his em
ployes who are on strike offered to re
turn, but he said he> would not open his
factory until the strike was over.
The statement charged that the strike
leaders had been issuing absurdly exag
gerated statements as to alleged defections
in the ranks of the manufacturers' asso
ciation. Of the entire membership it is
said two members had seceded and signed
with the union, and were expelled from
the association. Two other members had
resigned, and the union announced that
they had signed with it. but the associa
tion knew nothing of this
CITY OFFICERS EXEMPT
Corporation Officials May Also
Drive Autos Without Licenses.
Albany. Aug. 16.— Attorney General
O'Malley to-day advised Samuel S. Koenig,
Secretary of State, that elective or ap
pointive officers of a municipality, under
salary, may drive a motor car belonging
to such municipality without being licensed
chauffeurs unless they are employed for
that particular service. The opinion ap
plies also to officers of corporations who
operate a motor car owned by the cor
poration not for hire or as an employe in
that particular capacity.
The Attorney General's opinion also ad
vises that the exemption clause contained
in the act exempting citizens of other
states and countries from the requirement
of a license when such other states or
countries grant like exemptions and privi
leges to citizen? of New York State, has
no application to the citizens of other
states or countries granting citizens of
this state only temporary exemptions from
the requirement? of their laws. The ques
tion arose because in some states non
residents may receive a tourist's Hi ense.
good for seven days or upward on paying
a small fee. which entitles them to exemp
tion fur that time from the state tax.
The Attorney General points out that the
exemption contained in the New York
State law is an absolute exemption apply
ing to residents of all states which grant
the same absolute exemption, and that a
state granting only a qualified exemption
to New York citizens does not grant a
"like exemption." and is therefore not
entitled t<> the benefit of this clause.
ENDS LIFEAWAITiNG DOCTOR
Young Woman Takes His Car
bolic Acid to Kill Herself.
Ernestine Sharkey. of No. lI3A Pal
metto street, Williamsburg, committed
suicide in the office of Dr Frank Clark, of
No 758 Putnam avenue, larst night by
drinking carbolic acid which she found on
his shelf while waiting for him to return.
Dr. Clark was her family physician, and
when she called at his office on Sunday
night she told the maid. Mary Ott. that
she was suffering from rheumatism in
her left arm. She was told that the doc
tor would not be at home until last night,
and when she called last night the maid
showed her to the waiting room to await
the return of Dr Clark from a call.
Miss Sharkey evidently passed through
the folding doors into th» doctor's office
and there selected the carbolic acid from
among his professional effects. On a pre
scription blank she wrote:
"I want to die and don't want to live.
I won't stand for what I have any longer
My father is the cause of all Oh. I wish,
doctor. I had died long ago My hand is
no good anyhow ERNESTINE."
The maid discovered Miss Sharkey in
agony She called Dr K. W. Brown, of
No. 576 Putnam avenue, and Patrolman
Moore Dr Brown administered an anti
dote and summoned an ambulance Dr
Jayne took the girl to the Bushwick Hos
pital, where she died. Her mother be
came hysterical when she heard the news,
and her stepfather. Henry Muller, a pros
perous grocer, said he could not account
for her act, Ms she had always seemed
happy. She was twenty-three years old.

FREES MAN WHO TRIED TO DIE.
William Kretsky. hungry and a <-on
sumptive, was a prisoner In Yorkville po
lice court yesterday because he tried to
leap from the Queenaboro Bridge. He
lives ai No. 841 K.ist 741 li street. His
wife Is also a victim of tuberculosis.
"Whal would have become of her If you
had succeeded In dSing away with your
self?" asked the court Kretsky began to
sob. li<- finally said If he was allowed to
B o he would 'n«>t in suldds again, amd
was discharged
STRAUS SAVES GERMAN BABIES.
Great Interest has been aroused In the
German Imperial Health Office by dem
onstrations by Nathan Straus, the New
York philanthropist, of the efficacy of
hi* method of saving babies' lives. In
Bandhausen Mr. Straus established an in
.fan milk depot in Februarys I*oß At
ilie. end of 'he first year it was round that
the mortality among children under two
years had been reduced from an average
of 48 per cent for the preceding five years
to lees than 20 per cent.
NEWMAN ERB DEFENDANT
Kleyboltes Ask Over ,000,000
in Cincinnati Suits.
Cincinnati. Aug. Ifi.-Suit* jjjjfgg
more than H.WOM were filed *ggg[gj
aeainst Neman Erb. a New lork attor
ney. on behalf of Rudolph «gg?*f
Kleybolte. former brokers, of tnis 1,.
One suit alone would dispose of S^™
In. another the Chesapeake & Ohio Rail
road is made a Joint defendant with Erb
The. litigation grows out of the formation
of a liquidating trusteeship of the old firm
of Kleybolte & Co. in 1908. In general the
allegations are that Erb. although active
trustee was found in an adverse instead of
a friendly attitude toward the interests
which he was supposed to conserve and
that as a result of his deals the interests of
the members of the firm and of the credit
ors have been endangered.
One of the deals in question involved the
sale of the Wisconsin Central Railroad to
the Canadian Pacific: another the recent
purchase of the Chicago. Cincinnati &
Louisville hv the Chesapeake & Ohio road
The plaintiffs ask for the appointment or
a receiver to take over the assets held by
the trusteeship, an accounting by the
trustees and the recovery of more than
$1,000,000. which they pay should have ac
crued to the firm instead of to the indi
viduals.
When the trusteeship was formed, two
years ago. the assets of the brokerage firm
were given as $8.250,0 un and the liabilities as
$7,200,000.
The suit involving the deal whereby the.
Chesapeake & Ohio Railway bought the
Chicago, Cincinnati ft 'Louisville road, asks
that an injunction issue to restrain the
purchaser from paying over the moneys
for the property. The. Kleyboites assert
that they held a one-third interest in the
sold road and that Erb arranged to bring
about a forced sale whereby these securi
ties were disposed of at less than their par
or market value.
Tn the third suit, which asks generally for
an accounting of alleged profits asserted to
have been made by F>b in alleged specula
tion in securities received by him as trustee,
mention is made specifically of the alleged
Wisconsin Central deal and another in
■which the transfpr of 2.2.V) shares of the
Ann Arbor Railroad Company by the Prov
ident Life and Trust Company of Philadel
phia figured. The profit to Erb of the
alleged Wisconsin Central transaction is
said to have been more than Jl.nw.ooo.
In the Ann Arbor deal Krb is asserted to
have approached the Philadelphia concern,
which was one of the creditors of the Kley
boltes, and bought the stock despite an ar
rangement to pay off a loan for which the
stock had been pledged as security. When
remonstrance was made the plaintiffs as
sert Erb offered to turn back the stock, but
at an advanced price over that which he
paid for it.
Newman Krh gave out the following
statement here yesterday, in connection
with the suits instituted against him in
Cincinnati:
In resard to the Kleyholte suits. I have
nothing to say at this time except in ref
erence to the charge of my having in
curred a liability while acting as their
trustee. Early in 19<>S a meeting of their
creditors was called and h»!d in this city,
which I attended, being at the time a cred
itor to the amount of over Jl'io.oon. I was
appointed one of the three provisional trus
tees, the late entries '". Dickinson, then
president of the '""arnegie Trust Company,
and Andrew T. Sullivan, president of the
Nassau Trust Company, being co-trustees.
The indebtedness of the firm at that time
v. as about $5. 000. 000 and their current as
sets about half that amount. Counsel rep
resenting the creditors present prepared a
trust agreement, which contained among
other tlvngs this provision
"This agreement shall not become bind
i ing unless within sixty days from the date
hereof it shall be signed by creditors to an
amount whicn. in the judgment of the said
trustees, will he sufficient to enable them
to proceed with the execution of said
trust."
A sufficient number of creditors no* hav
ing given their assent to the arrangement.
on the written request of Messrs. Rudolph
Kleybolte & Co. the property which had
been only nominally transferred before
was turned back to that firm, and they
have ever since had full control and
charge of it.
The trust had never been declared effec
tive, but wholly independent of that fact
T iiev»r purchased a share of stock
nor a single bond on my own account that
was ever owned by Rudolph Kleybolte &
Co. or any of their creditors, so far as I
have any "knowledge, and I believe I ought
to know, without written consent, except
as to about 5™ shares of stock acquired
•with the knowledge and consent of the
actual owners of the stock, to whom
Kleybolte had conveyor) the same
I have had the most laudatory, flatter
ing and commendatory letters from both
members of this firm for my efforts | n their
behalf. Rudolph Kleybolte & Co. have
been and are hopelessly Insolvent. Th'ir
suit simply creates another paper asset.
AS TO PACKERS' NOTEBOOKS
Employes Testify in Effort to Refute
Former Statements.
Chicago, Aug. 16.— Alfred B. Crkm. gen
eral counsel for Armour & Co.. took the
witness stand before Federal Judge Kene
saw M. Landis to-day in an effort to show
why he should not be cited for contempt of
court in connection with the federal in
vestigation of the affairs of Armour & Co.
and other meat packers. Whether Mr.
I'rion. George M. Wllletts, assistant office
manager; W. W. Shaw, head stenographer,
and W. A Helander, a clerk, are adjudged
in contempt now is said to depend on their
ability to prove that one hundred stenog
raphers' notebooks ordered brought before
the grand jury on August 5 were destroyed
at the packing plant before instead of after j
that order was issued.
Employes of Armour & Co. formerly told
the grand jury that the books were de
stroyed on August 6. In the testimony to
day witnesses declared that they had been
mistaken in dates in their previous testi
mony and to-day agreed that th<-> books
were destroyed on August 4.
These employes row fix the day as
Thursday on the fact that John Baiin?kl.
an assistant janitor, had confided in them
that he usually spends Wednesday evening
with a young woman Now the others say
they recall that while burning the books
they had joked Palinski about the woman.

WOMAN CHOSE DEATH BY FIRE |
Soaks Clothes in Kerosene. Then Fires
Both Home and Self.
Mrs John Reggs. of Pobbs Ferry, killed
npr cplf yestereday afternoon by soaking her
clothes with kerosene and setting them
afire. BIM ran into the yard a pillar of
flame. Neighbors saw her burning and
called the firemen, who extinguished the
blaze, and (the was taken to the hospitai,
where she died.
Before petting tire to her clothes Mrs.
BeggS started the oil stove and lamp in the
kitchen going, and the firemen also had
to put out the fire in the bouse. No reason
is given for her act
C. P. DENIES ALLAN LINE RUMOR.
London', Aug. Authorities of the
Canadian Pacific Railway hen say that
there is no truth in the report of the pur
chase by the Canadian Pacific of the Allan
Line Steamship Company, and say that
the rumor apparently arose from the pur
chase last year of ■ controlling Interest in
the Allan Line by the Canadian members
or the Allan family.
The Canadian Pacific and the Allan Line
have a traffic arrangement similar to those
prevailing with other Atlantic lines.
HUB BANKS FORM ASSOCIATION.
Boston, Aug. 16. —A national currency as-
Boclatfon of the city was formed to-day by
fifteen of the seventeen national hanks to
pass on all securities, Including conn
mercial paper, offered as a basis for ad
ditional circulation. The banks that did
not loin the new association are the Mer
chants' and the Old Boston, two of the old
est in the dtv
citTsettles WATER CLAIM
S W. Titus Compromises on
$27,000 for His Services.
Pi ,as V. Titus, the water wizard. •«£:
t,m^called the "Moses of L«na; '■ a^ :
for he found water where none other co*
find it will g*t WO* compensation from
fb. cny for the cost of coal — d Id pm
ing the normal quantity of water from
he Jameco wells. Mr Titus has a con
tract for furnishing water above tne
quantity" at a rate of W» *"»££
gallons in drfven wells, and he was abK
fo produce B.*».i*o gallons a «*>•
the city, after enormous «P C ££ -£
eet only about L«MN gallons. LaM *".
however, he put in an additional claim^for
$53,703 for pumping the water, for *hich
he was not paid. ♦„>,*« u«»t
Controller Prendergast undertook to g •
the. matter settled by arbitration and
Deputy Controller Fisner was app ntedto
represent the city, while J. Edward Swan
strom was the arbitrator chosen M--
Titus. They announced their decision yes
terday. Similar claims concerning the Titus
wells at Forest Park will be settled *£.
same way At the expiration of his four
year contract in. a few months. Mr. 1
win turn over the who':e pumping plant to
the city.
PENNSYLVANIA STATION MASTER.
William H. Egan has been appointed sta
tion master in charge of the new Pennsyl
vania station at Seventh avenue and 33a
street, which, according to recent an
nouncement, will be orally opened
e P n°ter«
June, ISS4. J^^___—
MARINE INTELLIGENCE.
MINIATURE ALMANAC.
Sum-ire. 5:11; sunset. 6:57: moon rises. 1:2*:
moon's age. 12.
HIGH WATER. am pM
Sandy Hook • 3:.'v i*t
1^::::::::::::::::^ &•
WIRELESS REPORTS.
Trie Carmanla. reported as 244 mile* east of
Sandy Hook at « a m yesterday. is expected to
dock this morning.
INCOMING STEAMERS.
TO-DAY.
Vessel. From. Line
♦Carmania Liverpool Ausr !>..- ■»—
Westward Ho Rotterdam. July «8 "
T^euctra Hue'.va, July 31 Va'iorv
SanMarcon Mobile. Aug 8.. T -, n M! T?I£
Reginad-Italia... Palermo, Aug 9 Llojd-baD
WEDNESDAY. AUGUST 17.
•Adriatic... Southampton. Aug 10. ; JVT» Star
•Oruba Cartagena. Aug 7 R Ms P
Italia Palermo. Aug 3 A £l?Zl
Sanf Anna Palermo. Aug ».... ari - -
Columbia Algiers, Aug .*> -— —
Californle Havre. Aug 6.... ■£??£*
Nueces Galvestori. Aug 11 Mallory
El Vails Gal » —tow. Auk 11 So Pac
THURSDAY. AUGUST 18.
Bordeaux Havre. Aug 6 .....French
Proteus New Orleans. Aug 13. ..So I'ac
City of St Louis. .Savannah. Aug 15... Savannah
FRIDAY. AUGUST 19.
•Mexico Vera Cruz. Aug 11 Ward
•Almirante Santa Marta. Aug 10.. Un Fruit
•Seeuranca Tampi- ■". Aug 12 Ward
Byron Barbados, Ana 13. Lamport-Holt
Potomac Seville, Aug ••> - - — —
Rio Grande Galveston, Aug 13 Mallory
•Brings mail.
OUTGOING STEAMERS.
TO-DAY.
Mai! Ves»«l
Vessel. For. L,in». closes. sai!3.
Lusitanla, Liverpool. Cunard 5:30 a m 9:00 am
Majestic. Southampton. WS. 11 :30 am 3:00 p m
Oceania, Azores. Austro-Am. 10:00 a m 1 •"»> p m
St Egbert. Argentina. Barber 3 '•"> a m «.<""> a m
Bermu-lian. Bermuda. Quebec S;fiOam ir>:oo a m
Maracas, Grenada. ...10:00am 12:00 m
Alllanca. Cristobal. Pan R R. 11:30 am 3<«'> p m
Huron. Jacksonville. Clyde... 1:00pm
Comal. Tampa. Mallory • 1 oO>pm
San Marcos, Galveston. Mai/. - — - 1:00 pra
THURSDAY. AUGUST 1?.
La Provence. Havre. French. 7:ooam 10:00 a m
Alblngia. Hayti. 11:00 am l:«>pm
Esppranza. Havana. Ward. . »:W>am 12:(V>m
Zacapa. Jamaica. C F C 0:30 am 12:0O m
G Waldersee. Hamburg, H-A MSO m
Un'd States. Cop»nhagen. S A 2."" p m
Volturno. Rotterdam. Volturno
C of Savannah. Savannah. Say 3:00 pm
FRIDAY. AUGUST 19.
Bayamo. Tampion, Ward . . 12:*"-Om
Apache. Jacksonville. Clyde.. l:f*»pm
Princess Anne. Norfolk. Old D — 3.00 p m
TRANSPACIFIC MAILS.
Destination and steamer. Close in N. V., p. m.
Japan. Corea and China (via Seattle)
— Kumeric Aag 18. 6:30
Hawaii. Japan. Corea, China and
Philippine Islands (via San Fran
cisco) — » Aug IS. 6:30
Hawaii (via San Francisco) — Lur
llne Aug 19. 6:30
Hawaii, Guam and Philippine Islands
(via San Francisco) — United States
transport Aug 31. 6:30
Hawaii, and especially addressed
mail for Japan. Cores and China
(via San Francisco) — Nippon Maru.=ept 1. 6:30
Japan. Corea, China and Philippine
Islands (via Vancouver) — Empress
of Japan Sept 2. 6:30
Fiji Islands. Australia (except West)
and especially addressed mall tor
New Zealand (via Vancouver) — ■
Manuka Sept 4.6:30
Tahiti. Marquesas and Cook Islands.
New Zealand and Australia (ex
cept West) (.via San Francisco) —
Marlposa Sept 6,6:30
SHIPPING NEWS
: Port of New York, Tuesday, August 16, j
1910.
ARRIVED.
Steamer Hamilton. Newport News and Nor- |
folk, to the Old Dominion Ss Co, with pas
ser.gers and mdse. 1., ft Quarantine at 2:10
p m.
Steamer Bremen (Ger>, Bremen August «
and Cherbourg 7. to Oelrichs .<- «'<■>. with ."(it!
cabin and 32:1 steerage passengers, mails and
md." Arrived at the Bar at 6:10 a m.
Steamer Oregonian. Puerto Mexico .v._
9 to the American-Hawaiian Ss Co. with mdse. i
Arrived at the Bar at t>:ls a m.
Steamer Kronprinzessln Cecilie (Ger). Bre- !
men August 9, Southampton and Cherbourg I
10, to Oelrichs ,<• Co. with 152 cabin and 477
steerage passengers, mails and mdse. Ar- j
rivfd at the Bar at fi:2o a m.
Steamer Navahoe. Georgetown. S C, August
11 and Wilmington. N C. 13, to the Clyde Ss
Co, with passengers and mdse. Left Quaran
tine at 6:10 a m.
Steamer Nueees. Galiwsliw August 10 and
Key West 13, to the Mallory Ps Co. with pas
sengers and mdse. Left Quarantine at 1:05
p m.
Steamer Carpathla (Br>. Trieste July 26.
Flume SO. Palermo August 2. Naples S and
Gibraltar 6. to the Cunard Ss Co. Ltd. with
265 cabin and 1.652 steerage passengers and
mdse. Arrived at the Bir at 6:34 a m
Steamer Havana. Havana August 13." to the
New York and Cuba Mall Ss Cr>. with 1R»
passengers, mails and mdse Arrived at the
Bar mi S:3r> a m.
Steamer Apache. Jacksonville August 13 and !
Charleston 14 to the Clyde Ss Cr>. with pas
sengers and mdse. Left Quarantine at 10:4.%
a m.
Steamer Whltgift ■Fr I > Buenos Ayr** '■:' '«
«nd Trinidad Ausrust S. to Howard HouHer <• '■
Partners, in ballast. Arrived at the Bar at 3:*> j
P m. j
Steamer Paula (GerV Oporto A— 2 sad
Ponta Delerada 6. to Philip Ruprecht. In baHast. I
Arrived at the Bar at .v» p m.
Sandy Hook. N J. vug 16. !>:SA p m— Wind j
northeast, moderate breeze; cloudy; thick of? '
shore; rouch sea.
SAILED.
Steamers Christopher »Br>. Barbados. Para
etc; Mtoaa Oeraee .Bra i Pan. etc; Bertha
(Nor). Port Antonio: Louisiana (Dan) New Or
leans: Richmond (Br). Tampa; Manna Hat a, Bal
timore; Pawnee. Philadelphia; Barra (Br) Perth
Ambov. Ryndam (Dutch). Rotterdam Geo r g«
Washington (Ger). Bremen: Corrientes <G<*r>
(;alve«to n , Aragon. Georgetown; Mohawk' !
Charleston and Jacksonville; Santiago (Cuban)
Harana; Jefferson. Norfolk i- -i Newport News"
El CM. Galveston: Ctty of Columbus Savannah'
Schoiiner John Boeeert, Georgetown. P. C
STEAMERS AT FOREIGN PORTS.
ARRIVED.
Genoa. Aug 11— Docs di Geneva (Itab. Nea
York via Navies
Marseilles, Aug H— Roma !Fr). New York via
Naples.
Port Natal. Kxm I«— Ant Columbian tßr) New
\ork vlh Newport New«, for Durban Fr.> i
mantle and Melbourne ™ V '
Mojl. Auk 1.1 SI Patrick (Hr). N>w Tori vial,
Singapore, etc. \
East London. Au X H-C! an Ma ,. lv ., r „.,, New
\ork via Cape Town
M.<t...virne Ani if, VrdsTyfe ,]:■,. N .,. V - k
and 81 \ Incenl t • \
Ch.HK.mg A,' X I* 7 p m _ Kl ,i^ r Wilh.-lm der
IrT.L'- ,' NN ' W Y ° rk Vl " l'l-VMH.Uth for
Bremen (and proceeded}
ll " rl ;:;^- r 'v *»« '•• "•"-<'- mr>. n.. ,
port x '; ' ' ml " !i^ 1 " !r) - NeW Tor* « U »•»- I
pm « \..r X via Chrtatianaati i
"Tnft.3 slawrtart. (Brx Eta. 1
riiU '»lX-S^\^ ™**™m» , Ger). Boston
Mar N^es). \,, w . . ■ „ , (Fr) (from
Naple,,. n.\ T ; rk Mal ' nni h> ' tfm
I York ns Xi — Hs:ar!u« (Br). New ;
Vietortm. Brazil. ■»•!* IS — Scottish p-*___^*
ffrom Rio A« Janeiro. »tn, K«V22^*i
Hambrir*. »-.* '• 12:30 p - -?..?2Z*"^
, <■;*- r : New York. "♦.V
Naples. \ .2 ■- - a m— Dura (l*Ac«?rV>i
from C,»nr>a). N-w Tork T*,*^
Chrlsttania. ».? 13 — Oi'^r II -,. * i"'\
Cop«nha?en and ChristiansajMr Wsjr
York. ■"•,:**,
PASSED
Gibraltar. Avar 15 — -'.'-- (Br) «c_. 1> !
far HanknT, «tr. * "**jTft
Ktn»a - A is 1<? — Th»>*pl» <Br). »-.-, »„/■■ .
Manchester. lar *t*
I.izir'l '■ .^- '■"— r " -' =-- .- £ (G*r) -a
jv>r» and N>-»- York for Br«:n»s. "*&
Gibraltar. •■■.! If — Rau»n>!s <O«-> ;> 1
York Tor Port F*l4. '*'• *•»
Still whooping 'er up! / ;
Put 5000 suits into a Sls§J
yesterday, so there's lots da
yet. ' T
Summer mixtures, outing
and serges.
Savings of $3.00, $5®
$7.00, $8.00, $10.00 and ?13.ef,
But the $15 bargains ares'
the "whole show'" by anymeaj
I Look at the suits that are up
$20 and $2.5.
#
Rogers Peet & Compact.
Three Broadway Stores
at at ]{
Warren st. 13th st. 34* i
AMUSEMENTS
NEW YORK LEADING THZAIJSj
6ARRIGX 35 th pt - nr - B'^ay. Bit*!
UAlfnluß Mat. Saturday osl7.ia I!
BQSBS Of LIONS
ECLIPSED BY
ROARS OF
LAUGHTER.
— Tel? cram.
LOVE
AMONG
THE LIOM
CRITERION F Mai. Saw. Or!-. ?i |
THE COMMUTERS]
By JAMES FOR3Z?. '**
KNICKERBOCKER I^;?: i^iSl I
B™onth THE ARCADIA^
" The Fantastical Musical 'nmedj !
MONDAY. AUG. 23— "OUR >Il>* GIBS*'
1 YPCIIIi 4".th St.. nr. Rway. - *'-
LIUIIUM Mar Saturdays 6=lT. «
"NOTHING I IKE IT EVEB SEE? D
NEW YORK" -H --■■ I
THE BRASS BOTTIE
The Romantic Cora'dy t?7 F. Asttff
uniicnii ~" " v r *~ -""*■*":
nUUoUn Mats To-day and Sit.. MS
THE TEAR'S DRAMATIC SHN3ATTOX
THE SPEND THRIFT is
CHARLES DILLIXGHAM? *-■-■** i: - .
GLOBE
FIRST TniE TO MORI.
BESSIE McCOY a i^«H^
Kir <:r Tim* Imperial Rn««Uq Danftra
JiROIN ■ ' PARIS - ;Stg|
Atop N.T.Th»atr». Era 9: ls. Tab!eCi»^»»-
Smnk'z ft»trewhm' r 9 B- s " - : i - ; "i»*
SOMETHING NFW FVFRV WTEK.
F zrEOFELD. .Ir » »w ""nit Ken*
FOLLIES of 1 9 1 OS
NEW IMSTEHOtM ?^5 \gXSi
Eve?. ?:T5. ?.lat. T^-dav. Pest Swt»|t»
Thompson GIRLIES ««££<
"With Jo«. Cawthorn ■>- Mande_RaysSs
1= fortune hunter?;
1 —^^^^™
rx » | vr» C Begin'g To-morw E^e,, »*
DALY S RARY MINE
B'way & 30rh. D*± a * l ** l ? IJ
Ha.-kett. 42d St..W.of By. sf.vTM.it.rs* 1
CLARA LIPMAH in Tl^A V
CASINO. Bway < v • - St. Ev.Vi:. m^
E A>r E HP and DSWH BROADWAY §|
Lew Fl.F 1 .- !»' Herald *qr.. Bway •:!'.-. * :
gasSS^ HAHjg BESSLESagg
MaTs^.'^. LtwsMAim.H.S
FIELDS i HinnWFK- rßA>g£
BRIGHTON BEACH MOTOROROK
FRI.. AUG. 19— SIT., AUG, 2Q
24-HOUR m
AUTOMOBILE
RACE %use
STARTS » OCI.OCK FKIPAY s«^
Express trains rvery 10 mtanttTlK
Brooklyn Bridge to Track »'' T
Seits can be bough: ta m * r *%JZj££
Bride's Ticket Of?.c»*. Ttkhi -■"-'.
Hotel, and Motor Racing AMOCtotfctt.*
W. ? r Jfttli Si
AVIATION MEET
SHEEPSHEJD BAY RACE TWO
FRIDAY SSTUROiY SU»M
And other, win eomjwt* tr : t= •-
ttcket^ Qg?Ct». -6~TT~\l»!»**
?™ SEVEN D 4»
IILLttR "SBfcS« '"^*-*
H B. Warner. >:'„ * ■•■ J'»»t "^
iumerTcam roof rj^]*££&
I Cleopatra «-n Mi«*<jur. Harr.« * l^ 1 "
l'ollv I'trklr-. »Vt^. other*. -^rrjS?
„tu i in- vita K. 1 * St. E^ -.*^ v t\
;"BOBBr **
STH AYE. I KS^ * *?&
Huimh;mhn> . '
ROOFv mx... o. «*%
DREAM LAS
OrJslnal Jeffrie, loi.n—n x «" 4 l " -^
ralM 1r..,. > ! ,-,..«.tHM.1' ,j
LUNA PfIRK I%s*£
iDRJCHTOJ^tAtHKA^
i.t.iul satetjr t JSrte*e

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