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12 LUCIUS MLE RETIRES Mr. Melien Made Acting Presi dent of Boston & Maine. MERGER NOW COMPLETE Head of New Haven System Promises Better Service and New Milk Tariff. Boston. Sept. IS. — Lucius Turtle to-d:ry M - " c*. the presidency of the Boston I Maine Railroad. Charles S. Mullen, presi dent of the Xew York, New Haven & Hart lord Railroa-1. to-rich- is as president of the Boston & Maine, with all the powers of president, having been elected to that office to-day. The retirement from office of the. man who for seventeen years had been a the head ■■.-.--■• railway sys tem of Northern New England became a LUCIUS TUTTLE. T*~ho r«:=ned as president of the Boston & Main-? Railroad. (Pfceto, njopyrtdit. ISXI3. fay th» J&udppt Company.) tract at the repular monthJy me^Tini; of the l-,nar.i of director? of the Boston & Maine Railroad held ------ Station, •■ this city, tr>-day. -■■--•.-■-• because of ill health and because he also believe the New Haver, company should assume the direct responsibility of the adminis tration of the Boston & Maine. Leave of absence was eranted him for the remain der of his term Et^pt pine* the • .-- .--.-■ company ac quired actual control of the Boston & Maine system it has been generally ex j>ect»d that Mr Tuttle would retire at an , -date At the last annual meeting of "th* company he announced that he be 2>evcd --..... had arrived for the - &-. Ka%~=n company to take the active «i;r«"*tion of the Boston & Maine, but in cornrl-ance with the request of the New Haves board of directors he consented to remain as presiden* for another year. Directors Excess Regret. When th" board of directors met to-day Pr e fid°r!T -•■■■■•- a communica tion referring to his desire to relinquish ~h«- manairerrsent the road a year asr" to President 'Telien of the Xew Haven com pany and askin* that he be relieved for the r^irsinQer of his term. The directors Ttass«=- J . a vot* expressive of their regret at Mr. Tuttie's decision and of their ap yr^csatir;n of his sei~i*ices. ■While no official statement or. the mat ... his continuing to serve as a di rector of the Best & Maine was --.--. St is understood that Mr. Turtle will re main :» member of the board '■-■■'■ issued a statement 7>ron:isinc an improvement in the general Fervire of the '.:...- and an nouncing a chanpe in rates for carrying milk. After declaring that many comp laints of the price of the Boston &r Mail had hf-en received. Mr. Mellen said: "'The Governor of the state ha? called on us, as controlling that railroad, to sive the j*-np]e better service and see that the con r.itions upon that property ar«- promptly improved. The i>eople have a ripht to pood Eervioe and we will try to satisfy them. -. will take mu.ch time and patience to woi k <iut many of the problems that have l>een called to our attention, and we ask ronsiderntion of the public meanwhile." In regard to the transportation of milk J'r Mellen sai«i that a new milk tariff "!«-ou'd b*= put into effect as soon as possi- Vie. i.-jt that the rates "are not remuner ative and should be regarded as enly tem porary." BLACK HAND MOVES NORTH Bomb Startles Hotel Guests, Wrecking Wine Shop. Two inPT! EteaJthily placed a bomb In frTrt of thf ■win* 1 stor«» of Enricn Caaa hiajjca. at No. 5-S2 Sixth avpnue, «rarly >•*>? frdav morr.inp. tnd exploded ■":••• vrietor had received letter? sijrned by the ■Bla^k Hand threatening him with harm jf ft* did not pay over $.V»'io to the society. Thorr.ar I-arkin. a clerk in the Depart ment of Health, across the street, was ftajscinr on the steps of the departmental "cuildinc -with Richard Aiken. a watchman. a few minutes before 2 o'clock. They saw a walking up and down the other ... c! the street, but thought he was ■waitli:? for a car Patrolman Jlullii:. of the Best Slat street station, walked north on the avenue, and ■svas followed for a bl'ick by the man, who then returned to oSth street. He raised hi? hat and was joined by another man, who came along 53th street. They went to the front of Casablanca's store, stopped ther*- a ••■•■ minutes and then walked away. They were .... time Aiken and Larkin saw smoke rising. The explosion occurred as they started across the avenue. It shattered the front of the Ftore, causinc a loss of about So*""). Re ■••■• East Zlsi and West 47th «reet stations restored order after occu 3 ants of nearby hotels had rushed to the street, scan til v clad. Casablanca said d* tertlvey of the fourth branch bureau ... conducting an investigation. CHARGE TWO WITH HOMICIDE Mar's Death Due to Assault, Not Fall from Building, Wife Says. Thfi mystery mrraundlng th* death of CharJes Armstrong, of No. 1430 First a.v«*- MC, may be cleared. The police arrested Jan-.ei Keardon. of No. 211 East 14th str»-«»t, and Dennis OK«*=fe, of No. 410 East l£Ml t.-i*wt. jne»t«rd*y on a eharpe of homicide. The prisoners were later arraigned before Oeroner Hellenstein and were fcent back tv the. Tomte -without bail. When Armetronc was taken to the Harlem Hospital it wat eaid that he ha>l fallen iron, a boildir.^ at 2M street and I#-xington arennc . Following; his .-..,■ hospital t>n Sunday rigrht. Mrs. Armstrong; toid the ji&lic* he^r husband had b^en assaulted at hi* home by four men on the night of Sfj. lemner I. Sr.e said that H^ardori and O*K«efe wtre &nn>i:«; ihot^ xvhu attacked HURLS CHILD FROM WINDOW Mother, in Fit of Violent Insan ity. Kills Her Infant Son. In a moment of violent Insanity Mrs. Esther Jaffe. the young wife of a laundry worker, of No. 1559 Broadwsry. Brooklyn, yesterday killed her three-months-old In fant. Arthur, by hurling him out of a third stofy window to the yard The woman was at home alone at the time. The family occupied the third floor. Mrs. Jaffe was formerly an inmate of the State Insane Asylum, at King's Park, Long Island. She was crparently cured and was discharged a few months ago. Jaffe had left the house on his way to work only a short time, when neighbors heard Mrs. Jaffe shriek wildly, and while looking out of their windows they saw the infant hurled from a window to the yard. Mrs. JaJTe foupht fiercely before she was overpowered. Later in the Gates avenue court Magistrate Harris committed her to the Kings County Hospital. DAY LINE TAKES CLERMONT Committee Accepts Offer for Replica of Fulton's Boat. The joint committee In charge of the Oaiucnt and The Half Moon decided yes terday to accept the offer of the Hudson River Dny Line. tr. repair and take care of the Ciermont. the duplicate of the origi nal Fulton steamboat. Tne line is going to take the boat off the mud flats en Staten Island where it Is now resting, put in all needful repairs and tie it to the Desbrosses street •■• • for the winter. The position it will occupy there is next to the Hen drick Hudson. E. -.-. Olcott. president of the Hudson River Day Lino. said last night that the line had in it? possession the old steam boat bell. the dinner beD and part of the keel of the original Clermont. which would re placed on the present Clermont as soon as the latter was repaired. He also said i th.it some of the original pictures of Ful ■ ton's vessel would be used in decorating the boat. It is planned to give the public opportunity of vieiting the Clermont by the payment of ■' very moderate fee. Mrs Suteliffe. a granddaughter of Ful ton, in her "L.if«» of Robert Pulton." speaks of the Hudson River Day Line as beginning with the Clermont, and the company takes pride in thi^ explanation of its origin. Durine the summer the Clermont will be either tied to a pier at Poughkeepsie. the half-way point on the river, or be sailed up and down between New York and Poughkeepsie. THE FRANCHISE SITUATION Chief of P. S. C. Bureau Wants Strong Attorney General. A meeting to consider the various fran chise situations and to discuss methods tor securing the nomination by all parties o* strong m"ii for the office of Attorney Gen eral of the State of New York at the com ing election was held at the City Club yesterday afternoon at 4 o'clock. Deloe F. "Wilcox. chief of the Bureau of Fran chises of the Public Service Commission, made a statement, which in part follows: New York is the most conspicuous ex ample in the world of the exploitation of the streets by public service corporations under perpetual franchises. Durine the past eighty years the grip of these com panies upor. the public' highways of this metropolis has been extending and tighten ing thanks to the indifference, nearslsrht edness. timidity and confusion of authority Th" Attorney Genera! is the king pin in the present situation. Upon him more than upon any other one official, and almost rnor« than u?vin all other officials put to gether, depends the possibility of succeed ing in tho campaign to get rid of these perpetual incuti with which the city or New York is afflicted If the people were thoroughly awake to the situation they would insist that the nominees of all parties for This office should be men not only of proved ability as lawyers, but of a temper that would know no compromise in prosecuting the people cases. CARNIVAL CROWDS BEHAVE Much Fun. No Arrests. One Ac cident. Some Hat Smashing. The straw hat vigilance committee was out to do its work last night at the Coney Island Mardi Gras. even ■•--• the po lice did have a way of using the sawed-ofr pole of pine. But if this was an unpleasant feature of the second night of Coney's annual carnival, it was the only one, for never before did two hundred thousand joy seekers have more fun In an orderly -..:..- than they lid last night. Not one arrest was made by the six hun dred uniformed policemen bo patrolled the line of march and the island In general. In fact, only one arrest has been recorded since this year's ft*stival began. During the parade the "Midsummer Night's Dream" float broke, and caused the dreamers, occupying the picture, to (all into another dreamland, dumping them into the gutter of Dreamland Park. Occupants Of the iioat were shaken up. but not hurt. SCIMECAS AFRAID TO TALK District Attorney Continues Hunt for Kidnappers. "'" tmar wfl] continue • -^a'inr be is mak _ Ifichae] Bcimeca, rj >O r. of Dr. Mariano Sci • ncamii t the parents yesterday ar gained "' Information which In apprehending the man Dr Bcimeca %ja.id • - ■ . •■■■ in : ils child. - . drov< Mrs. Petrella, _ . ■ -r. tn the spot where • . to her, though examined - • mys ■ ay. .■■.-.. petrella, 1 • seemed afraid t< '•-.. what they knew The o n !> ■ • • • '. ■ District Ai was 1 • ..: r to the p«j: it is ■ ire* from bank. ■ -• that !.• Still had the monej it fa su .■ - . ■ '■ bis sLa.te i EOSALSKY ADVISES LAWYERS Organization to Enforce Higher Ethics in Criminal Courts. A meeting of the lawyers who practise regularly in the Criminal Courts Building was held yesterday in Part I or" Genera Sessions, at the suggestion of Judge Ro salirky, who said he had received com plaints from prisoners that certain lawyers took fees without giving adequate service, and in one case a lawyer assigned to de fend a penniless prisoner had advised him to plead guilty without investigating the case. He .: Ban - ••' together :at..T; to uphold the : 'h<- bar In the ■ .! ••:.-• I-..».5.-t,.-r. • ted to pre .• of the k:iid ■ PECK MAY AMEND ANSWER. ■ • ■ • tad ;-:i:i!.- I i.. .if ■ ..: ■ • ] linn In - ■ ttion to thi !.-<] Id .. >< .. .;' ■ - • ■ i •.. ■• - U> i ■ uf marriage t< ■ i im wonrcsDAY. ICtttl^ot!i SBttbtlll^; v tm. CLASH AT RATE HEARING Impudent. Says New York Cen tral Official to Counsel. CROSS-EXAMINATION BEGINS One of Lawyers for Shippers Arouses Ire in Vice -President Charles F. Daly. Counsel for the shippers nt the Interstate Commerce hearing yesterday in the XVal dorf felt they had enough material for cross-examination, and the first to he put throuph a gTuelllnc process was Charles F. Paly, vice-president of the New York Cen tral Railroad, with resultant clashes and interchanges of remarks not pertinent to the Investigation. One of the first thinps Mr. Daly said was In answer to a question hy Francis B. J.imes. one of the shippers' counsel, regard ing rate agreements It would he suicidal, Mr. I>a;y declared, for the railroads to have individual rates. His opinion was that it would surely cause a commercial upheaval. It was when Mr. James asked about the sue-ar rate that the hearing took a sharp turn. He asked, innocently enough, what the rate on supar was from New York to the Mississippi River and beyond. "You dor.'t want to ask every question unier the sun. do you'" said the commis sions examiner. Mr. Brown. "Supar is not under investigation ; it is not affected by the tariff " •I have the right to examine this witness on any question that will show his credi bility," Mr. James said, and the examiner sighed and told him to go ahead. The counsel wanted to show that sugar had not been among the goods that had a raised rate in the schedule. Mr. Jtimes said he believed the sugar trust was being favored, and Mr Daly, after a pause, answered: '•Rates on sugar are a very delicate sub jefct They must meet conditions of sugar production in the territories where shipped, as the best sugar industry is in Michigan I think sugar rates ought to be raised, and they will probably go up. If we trans ported all our business on the same basis or which we are compelled t" carry some, we would be bankrupt in thirty days " Minimizes Effect of Raise Mr Jam^s did not follow this lead, but asked about the effect of the higher rates on the man who sells goods Mr T'alv saia -b<=re was vary little eff<»ct on him. The cost would be so little advanced that H would have no effect in individual cases. he declared Mr James 'her remarked that the men of St. Louis, for example, who bought shop? from New England factories had to pay the higher freight: that the money wouid be taken out of their pockets and trans ferred to the coffers of the New York Cen tral. Mr T^aly declared that some of the money found Its way back to the men who bought the shoes, but that the road kept very little of it. that it went out almost as fast as it cam*- In "They do not have the luxuries of the railroad officials, however?" asked Mr James "I re?frr.t that." ■-amp hotly from the wit ness. ' "'I did not think I was here to be questioner! as to my personal life. I think It is impudent." Counsel for the shippers took a different tack. He wanted to know whether the rail road considered the capitalization. It had 'rot. said the witness. Asked which road he be!<>v^d to be the best, Mr Daly stuck up for the New York Central as the first in the world. This question was put for the purpose of making: a comparison of divi dends of the several roads in the country. Rat« on steamers on the Great Lakes were next taken up. as being higher than by rail, and th«» raise in the ocean traffic also was analyzed. The railroads control the lake routes. Mr Brandeis took V-r.^ same witness in hand and asked whether he thought the higher rates were right Mr r>?:lv said they were, basing his d*"-ision on his judg n - " hta-n' I .] by <»xperipnoe on railroads. a> Mr Brandeis had obtained his ir the law No Specific Reason to Give. "But I had to specialize and study pome specific thing." sai.i the counsel, "and can c us a specific reason other than your judgment ?" Mr lialv said he rnuiri not. Then the witness became warm, and de with emphasis that the railroads should ha\ ■■- something to say about the gement of their own property. . ■ • ust be some rights that we pos sess. We d<. not question the right of a shoe mar. to raise his prices," he said. The New York Central statement was handed in by one of the counsel for the road. He called it a cord of parwr which might be termed trie summary of a summary. Oni- of the counsel for the shippers said • • was not complete, whereat <~"!vd f ' I - wn, of counsel for the New York Cen tral, said "We have given what they asked for. At any rate, w- trivt them nothing more UNDERWEIGHED FIRST JOB Many Importers Who Paid Bribes Implicated by Witness. "I never met an importer who refused to pay for underweighing," was an answer yesterday of .lames P Hyland. a witness in the trial of George E Bedell, '""harles H. Wardell and Charles D W Dr»w in the Criminal Branch of the United States ir cuit Court. Hyland is a witness for the government He was a bartender before he entered the government service in IS9S. He astonished the court as soon as he was put on the stand by declaring that he underweighed the very first cargo he was assigned to handle. More names of importers were mentioned hy the witnesses as paying bribes for short weighing. Andrew J Parker resumed his testimony from the day before. He said he had underweighed Mediterrant-aji im port.- -run: UB to I;*C Hyland followed and said when working on the Brooklyn docks be shared his bribe, money with Be d< .. Hyland implicated many >»tners in his wrongdoing and tol<i a story of refusing to . ■ • defendant. Warden, except :>c I:, the cross-examination the witneae said •■■' joraetiraea uwiy KLu-.-^eu at eight "Did you ever ask the importers for money?" "There wu.- no need of asking. They knew what was rsontimg to me," was the answer. The trial will continue this morning. CONTRACTORS LET OUT ON BAIL. Joseph Freeman and Joseph Grossman, of the contracting !irm of Freeman & Gross man, of No. -••• South Ith street, Brooklyn, who wen making alterations to the build- Ing at No. 110 East Houston street, the front wall of which fell on Monday, killing one and Injuring severaJ others, were ax iraigned before Coroner Hellenstein yester day morning- on it cnarge of criminal nefUi ,-.-;,, . Thfy were admitted to ball In i'l.H*) each to await th»- result of the inquest. Both i!;.!; furnished bonds. TUMBRIDGE WANTS TO RETIRE. Major John William Tumbridge, engineer oillrer of the Second Brigade and senior major ut the corps of engineer! N. <). N. V., lia> applied for retirement Ap pointed by General lames McLeer in IhSS, lie «a, renominuted by General liddy. Major '1 imbrldg< Is a well known Hrook lynite. lie is secretary "i th« Brooklyn Heights Taxpayer* Association The >•■■- lecti.m of hlfl (successor is limited to the professional t-nslaeers. INSPECTORS STOP HIGGINS Yachtsman Asked About Goods Brought from Europe. FIND JEWELRY AND CLOTHES Boston Dressmaker's Trunks, 11 of Them, Cause Customs Men Some Concern. Eugene Hiergins. yachtsman and club man, came in with many other? yesterday on the steamer Kronprinzespin Cecilie. and hi? baecacre. with that of several others, was held up and sent to the Appraiser's StoreF. Mr. Higgins will have to appear before Purveyor Henry this morning at the Custom House, or he may send his rep resentative, for there were things in the six trunks belonging to him that will re quire explanation, as they were not de rlared. The Custom House wa= rushed with the business gathered in by the alert inspectors on the pier where the German vessel was berthed. The customs officials had found numerous suits of clothing in Mr. Hicginss trunks that seemed to be tar more valu able than the $L6O worth of goods de clared. And there was jewelry, and still other things, all of which may prove ad missable. but the Surveyor wants to know al! about them. One of the persons held up by the in spectors, ano later ordered under arrest, and still later h^ld for further examination by United States Commissioner Russ. in Hoboken. was Mrs. TValter Dolan. the head of the big dressmaking concern in Boston. of Driscoll & Od. She had eight trunks that were nearly full of Parisian gown:-, and in th«=> same stateroom with her was a friend. Miss Nanette Gude. daughter of O J Gude. of this city, in whose three trunks were other gowns belonging to Mrs. Dolan. Mis;- Gude made a satisfactory explana tion, but Mrs Dolan seemed to b*> well known to the inspectors. They were look ing for her. and it was said that she had been in some way connected with the 'sleeper trunk 1 ' cases with women in Bop tor, who were fined $7,500 each as the re sult of a round-up of all persons concerned in the long time frauds The gowns brought in by Mrs. Polar were said to be worth nearly $10,000 The inspector? were astonished to see on the r :er Mi-=s Josephine Maboney, of Ja maica Plain, wbo had succeeded several weeks ago in bringing in six "hobble- skirt gowns as of manufacture in this country. Her story thsi T she had bought them in Boston and had simply "freshened" them abroad, where she was studying music. was accepted by Special Deputy Surveyor Smyth. It was learned yesterday that she was a niece of Mrs. Dolan. and the interest m Mis? Maboney Increased. The Federal grand jury in New Jersey may be expected to consider the case of Mrs. Dolan. should the smuggling theory of -he customs officials prove feasible. The dressmaker came to the Custom House to a big touring car hired in Hoboken. and went away in 11 with the inspector, to ap pear before Commissioner Russ. She was not represented by counsel BIG SEIZURE OF WOOLLENS Shippers in England Charged with Evading the Duty. Secre' Service agents have jusi completed the seizure of seventy-one case? of V.t.s lish woollens valued at nearly $2d.nnn. and ir a few days tne United States Attorney's office will be asked to proceed aerainst the shippers, the charge beins an attempt to introduce into this country goods at false valuation to evade customs duty This seizure may be followed by drastic action t other cases The first shipment came into this coun try on the steamship Campania on July 5. anr l th e cecon-i on the steamship Maure tania on July 7 They were entered on the consular invoice as of $7.f1«0S In value A subsequent appraisement caused the cus toms authorities to place the value at $8. 411 0%. a difference of nearly >'. •"•• These shipments were followed by five shipments from Jul] 15 1 Autrust 12 They came on the steamships Lusitania. two the Mauretania. the Coronia and the- Campania. These comprised forty -• • cases, and were taken from the steamships to the general warehouse at No 380 to KG West 12th street. The Secret Service agents learned that the five shipments were not entered at all. and a descent was made on the place of storage and the goods sent to the Appraisers Stores The last seizure was valued, according to the invoices, at 03,09508, while the ap praisal was $14.74:: 91 William Wickham Smith, who is counsel for *he shippers and their representatives- here, will ask the T'nited States Attorney to accept bond for the goods at once, so that they may be withdrawn in time for the fall traae. The woollens axe manufactured by Joseph Brooks & Co., whose factories- are at Brad ford an<! Huddersfield. England Their rep resentative here is E. L. Jefferson The latter disclaims all intention to d< the customs. GOLD GLITTERED IN STREET 510. 000,000 Being Moved When Box Breaks and Bars Scatter. Because of alterations being made in the T'nited States Assay Office, in Wall street. ir was found necessary yesterday to re move C0.6f10.000 ir. gold bars stored there to the vaults of the Sub- Treasury, next door 4 few weeks aeo a similar amount of tne metal was transfe.-r^-.. While the g«»ld wa--s being transferred from the Assay Offire to a two-horse truck, on which it was hauled to the Pine street entrance of th*» Sub-Treasury, one of the boxes of gold bars fell to the sidewalk and burst open, scattering Its glittering contents on the ground There was a big crowd watching the transfer, and there was an instant forward movement an its part when ■ . box fell d it probably t,> the desi!*- of those behind to get •■ better view, but the strong detaJ I poli<M and Secret Bervice ni'-n who w< re guarding the treasure were not talcing i lai ■■ and kept • body back until ttu b attered gold bad been replaced Ui : i bos and loaded on 1. 1 1 »- BARKEEPER MAY SERVE WRIT Even When He Fails, Court May Pro ceed, Justice Finelite Says. Justice Finelite, <>t the City Court, rul4*ri . terday that it is usm^ all due diligence to serve a man in a court proceeding at his favorite saloon when hi h • annot be nMuiii 1 ■ ; ■ Ival BLuhne, of the hanfcing Bra ol Knauth, Nachod .\ ECuhne, sued Nicholas w Ryan and James McFarran arnl obtained a Judgment ia Jui>. tStft, tor it was nevea paid. In the cass« of MeFuxrun •* proceeding was brought to have -> receiver appointed for his property, but as his address wan not known an order for substituted ser vice wilt- obtained This order gave the plaintiff permission to have the summons in the eaae left for him In ■ sealed envelope with the person in charge at a saloon he was known to frequent. Counsel for McFarrun opposed the ap pointment of a receiver, but Justice Fine lit.' re-'Ognlzing the validity of the servlre. said the fa-lfc showed that M< Farrtin was evading service and that a race! or should be appointed- FOSDICK JTTARTS INQUIRY Conflicting Testimony in Fruit Stand Proprietor's Charges. Mr Fosdick. Commissioner of Acounts. becan an inquiry yesterday Into charges made by John D. Antonopulos. the Qreeft fruit stand man. that he had been told by a friend of Park Commissioner Stover that he could get a renewal of his permit for $I.o^o. In an affidavit presented to the court in the application for an injunction to pre vent the Park CommJaakner from remov ing him from the stand, which ta in City Hall Park undCS the approach to the Brooklyn Bridge. Antonopulos alleged that CommlaslaneT Stover had told him to see a mar. named Katz. at No. 132 Nassau street. It also charged that Kntz said he could fix the matter up for S.M Jacob Katz. Harry Katz and Alfred Katz. who conduct a real estate office at No. 132 Nassau street, were called to the stand one at a time by Commissioner Fos dick yesterday. Each in turn denied that he had ever seen Antonopulos or had ever said anything to any one about Ma permit under the bridge approach. Then the Greek was placed under oath He repeated his story of going to see Com missioner Stover after the latter had re voked his permit, and of being told that he shoul.l see Katz. at No. 132 Nassau street. Antonopulos said he had seen a man at the address, who had told him the matter could be fixed for &.GM. A brother of the Greek then took th« stand and declared that he had been pres ent when the latter talked with Commis sioner Stover and had heard the latter say that Mr Katz could fix up the stand matter for him. The hearing will be c-n tinuexl to-day. ASKS RELIEF FROM ALIMONY Necktie Manufacturer Has New Charges Against Wife. William O. Horn, a necktie manufacturer, through his counsel, John F. Mdtttyre, asked Justice Whitney yesterday to vacate the order under which he is paying $3,506 a year alimony to his wife, Mrs Kathleen Horn, whom he sued for divorce. Th* 1 suit wa? trit-d In June, and the defence was that if she committed the offence linst her she was insane at the tirrv- James W. Osbome, counsel ior Mrs Horn, introducer! testimony t<"> Show that she -was intermittently out of her mind, t^p 3ury found the wife gmlty of misconduct, but could not aeree on the question of her sanity, and consequently her responsibility was not d'termined Further alleged mis conduct o n the part of Mrs. H"m now leads her husband to seek to be reliever] from paying any further alimony in the old case, which remains standing. Mr. Mclntyre said that the insanity pl^a was advanced every time a charge of mis conduct was made against the defendant- He also made a motion that the new accu sation be added to the old complaint, and also for a reduction of the alimony of $2.5' 1 and expense? of $500 be reduced. Justice Whitney reserved decision. TO RUSH BROOKLYN SUBWAY Work on Fulton Street May Start by October 1. It was said yesterday that the Public Service Commission would not consent to any delay in beginning work on the section of the Fourth avenue subway which ex tends in Fulton street. Brooklyn, from Neylns street to Ashland P'.ace. Applica tion was made to the Supreme. Court on August 31 for the appointment of commis sioners to condemn the property necessary for the work. When the appointments have been made the fee to the property will vest in the city and the occupants thereof will receive notice to get out. They have h«en aware for some time that they would have to move, and the Public Bervice Commission do<-« aoi be lievA that further delay is warranted. Tt is particularly a- '.- I have the work on this section begun a: the earnest poa sible moment, as it is the most ■". " of the entire route. ar>d may delay the opening of the subway unless w started at .in early datf*. Tt is hoped that the tenants can be got nm by October L GATLAGE OWNER TO PAY 579.578 Referee Decides Contractor Was Wrongly Evicted. Jerome S. Hess, as referee in the suit of the General Supply and Construction Com pany against Robert W. Gillette, filed his report yesterday awarding the plaintiff $79.37> for work done on the garasr» of the defendant at 64th street and Broadway The contract for the construction of th» building railed for its completion in 1992 The work was delayed, however, and in March, 1909, Gillette evicted the contractors and finished the work himself, refusing to pay the bill of the contracting firm, who sued him. The referee in his report places the blame for the delev on Rudolph P. Miller, now Superintendent of Buildings, who was in charge of the steelwork of the garage. The referee said that Miller held the plans given to him by the architect for six months, when he should have got through with them in two months. Therefore, de cided Mr. Hess, the General Supply and Construction Company was not responsible for the delay in finishing the building. MARINE INTELLIGENCE. MIXIATrRE AT.M.-- Pur.rlpe. 5:36; sunset, 6:07. moon sets, '.-■•4 rr.i"H>r ape. 11. HIGH WATER A.M. r m. Sandy Hook S:I1 3:3<> Governor's* Island 3:l"t 4:00 Bell Gate 5:19 5:53 WIRELESS REPORTS. The •:-,-■ reported as <",:,-. miles east of Sandy Hook •' S JO a rr. yesterday, is expected to dock on Thursday moon. Th- Prinzes Iren*. reported as 3CO miles east of Sandy Hook at - a m yesterday, is exacted to dock this forenoon. The t'ltonla. reported as J."'i> mil— east of Sandy Hook at 7 a m yesterday, is expected to dock Chi forenoon. The Mauritania, reports a.- LBOB miles «ist of Sandy Hook at 3 p m yesterday, is expected to dock Thursday evening; or Friday forenoon Th. Clyde, reported as 343 miles ■.<• of Sandy Hook at - a m yesterday, is rap* ted to dock this forenoon. The Presldeni Grant, reported ma 313 miles east of Sandy Hook at 6:50 p m yesterday. la expected t" dock this afternoon. INCOMING STEAMERS. TO-PAY. Vessel From. LJn*». •CunnliiK Harbad.-s. P^pt 7. .Lamp & Holt •i'olyrarp !:.-.-•;•:. Bootl •Clyde Ktn«ston, Sept 10 h M S P Promethrua Hamburg. Auk 31 Baailtadea Naples, Pept -.-•••■ Alh^rta Flume. Au X '27 . Babine Key West, Sept ft Mall, ry President Grant .Hamburg. Sept B Humh-Am . I'ltonlu Naples. Au^ 31 CUnanJ :Re d* ltalia Gibraltar, •■•>' H . Kalian Prtnaees Irene. .. .Genoa. Sept 1 n c IJoy.i Cittu dl I*n.lermo..Gen^u. Auk 90 Italian rnrthenia Antwerp, Aup 31 El Alia Galvoston. Sep. 8 So l*ac THURSDAY, ■..:• •Adriatic Southampton. Kept 7.Wh Star •Mauritania Liverpool, Sept 10 Cunard Creole v ■•> Orleun*. Sept !" ■-..!■.! Col Atlanta Savannah. Srpt 12. . . .Savannah FRIDAY, SEPTEMBER 16. •Aim lran te Kingston, Sept 11 ; United K-uu •Mexico Havana. Se|»t J3 Ward •Seguranca Tampleo. Sept v Ward •JTlnz Slßtsmund. Havana. Sept '-Ha- Atlas El J'ae«j Qalvestan. Sept io Sou l>ue ■Brutga mall. OUTGOINO STEAMERS. TO-DAY. Mail Vessel Vessel For. Line. clojusit. sallo Campania, Liverpool, Cunard.. ti:3t>am lOUOim Deutschland, Hamburg. H-A,I0:3O m 2.(» ip m Majestic, Southampton. W 1130 am 8:00 pid Roma Azures. Fabre '■• 00 an. is mi a m Krankhy. Montevideo. A R P. H:tK>um l" no a i:, '! rent Bermuda, It M 8 I* ... X:i«> am loinam Ban Paulo, }iarl>nd.>s ltrajillan.il <xi aat l •*■ p m r Lincoln, Hamburg, H a... r!:<tt>i-m Argentina. Trieste. Aust-Am 1 oo i m Inciiiols lacrk*»UvUle. I'lvrto.. . Imlp „, ManamWo, O.uanfmo, Ward. v , m THURSDAT. SEPTEMBER ' I.V La ■avail Havre. French... 7 <• ■am 10:0i>am Esperanza. Havana, Ward... 9:O»am 12:rx>m Zacapa. Jamaica. I' F Co i»:3Oam 1- •"' m AnlnKia Havtl. - :i<>- a- l:COpm Justin, Para. Booth 12:Oi>m 3:«» p m H"lllK Olav. Copenhagen. .- A -" p m Barbarossa. Bremen. N r, L. I0:0»am Russia, Rottertlam. Rus-Am. - '" p m Uranium, Llbau. Uranium — ~~ C of Montgomery. Say. Say. . 3:fX> p m FRIT-AY. SEPTEMBER 16. Bayamo, ProBr»BO. Ward 12*Om Mohawk, Jacksonville. Clyde. 1:00 pm Princess Anne, Norf. 0 L'om 3:fi»>pm TRAXSPACIFIC MAILS. D«6tlnatlon and steam«r. Clo»« in N. Y. P.M. Japan. Corea. Phlllppin*a (via. Se atlle>—Minnesota T<>-<i.-i «>UM) Hawaii, Japan. Corea. China. Phil tripin»B (via San Franc. sco) — China. s*pt 15. ou>o Japan. Corea. China (via Seattle) — Aymerlc .......... -»pt 13. 8 30 Huwail 'via Pan Francisco) — Lurllne.Sept 16. tt:.W Hawaii. Japan. Cor*a. China (via Sac Francisco) — Manchuria Sept 22. »5.30 SHIPPING NEWS Port of New York. Tuesday, Septem ber 13, 1910. ARRIVED. Ptaamwi Kronprtnzessln Cectlie (Ger). Bremen •s*ptember 6. Southampton and '•'-"' O^lrlchs & Co. with cabin and 517 sj*er-iK« pasiengers and mdse. Arrived at the Bar a- 1:25 a m .-'.-amT Navaboe. Georictown. S C S»pterr.i»-r i 9 and Wilmington N C. 10. to the Clyde Ss Co. with passengers 2.nd miise. Left Quarantln*- at 6:33 am. Ft»am«r Mar<*w!jne (Dutch). Paramaribo S*r tember 3. Barbados ' and TrlnMad «. to the j Royal Dutch Weal India Mall -- Co. with 1 « i imnilgw-, mail!" and irjise. Arrlve-J at th*> Bar j at 11:15 p m. 12Th. „ J -"..--- Mohawk. Jecksonvllle s»<sp">mb»r I" and Charleston 11. to the Clyde >» Co. wirh ta3- j senjrers and mdse. I>>ft Quarantine a: 1:1^ a m. . ?t<Am>!r Am*»rlran. Philadelphia September tZ | ' to the American-Hawaiian Ss Co. In ba'.last. j : Left Quarantine at 11:.*>O am. j Steamer Havana. Havana ?ert»mber 10. to the , New Tort & Catia Mail Ss Co. with 135 pas-^n rers. malls and ■ -• Arrived a: th« Bar at 10:57 a m. Steamer Ffbiria (G*ri. Kingston Aurust 27. Colon a», Bococ del Toro 31. Port IJrnon P*>p_ fmtxr '. and Inacrua f» to th« Hwnbor) cna Line, with 17 passengers, malis and mdse. Arrived at th« Bar at »:3T> am. ■.tmiriT Denver. Ga •--••• ?eptember . acd Key West 10, to the Mallor^- Si Co, with pa.« s^i.eers and md.<=e. Left Quarantine at 12:lo r m. _ Steamer Maracaibo. Maracaibo Sept^mrwr -. Curacao 4 and La Guayra 5. to Bliss. Daliett & Co. with 7 passenp«"rs. mails and mdse. Ar rived at the Bar at 6:40 a m. Steamer Vinrer.zo ■: Giorgio (Nor). Tanaman. Cuba. September 7. to the Atlantic Fruit Co. with 7 passengers and troll Arrived at the Bar at 8:30 am. Steamer Oehenfc (Ger>. Hamburg ----- and Shields Beptember 1. to Funrh. " ■■•'" a: Co. | In ballast. Arrived at the Bar at 8 a m. Pteame r Pisa (Ger). Hambure Aueust 3<\ to Fun h. Edye & Co. with 2* ■»«« p<is?eneers and -Am Arrived at th« Bar at midnight. 12th. Steamer Hamhure (Ger>. Genoa August 3 rt and Naples 31. to the Hamburg ton Lln». with 312 rabln and 988 ?teerase pa? s<»Tieer<» and mdse. Arrived at the Bar at 11:47 pm. 12tn. Steamer Jamestown. Newport News and Nor folk, to the Old Dominion == Co. with pas?«n per« and md«e. Left Quarantine at 2:15 p m. Steamer Carmania (Br). Liverpool September 6 and Queenstown 7. to the Canard 5* Co. Llrrv lted. with 507 cabin and I.OTJ ■iiiiiagi pa?.»en sers. mails and mdse. Arrived at the Bar at 3:13 r m Steamer Puca dl Genova. iltai), Genoa Sep tember 1 and Naplsfl 2. v> Hartfield. .-olari i Co. with 135 cabin and Ml steeraee passene»rs and nadae Arrived at the Bar at 2p m. Steamer New York City (Br». Bristol I .r.-- IP and Swansea 21. •- Jam's Arkell I Co. with mdsf Arrived at the Bar ar 1:54 pm. Steamer Ocmuleee. Galveston September 2 and Brunswick. Ga. 10. to the Brunswick Ss Co. with md=e. "'" the Highlands ar 3:36 Pm. Steamer Cltonia (Br>. Trieste Aueu« 23 arJ j Flume 27. to the Coaard >- Co. Ltd. with pa-— I peneer? and mdse. SonttaeaM of Fire I3lar.d at j 10:34 - m. : Steamer Delphine dtal>. Ger.oa Aogrost 11. 'r> ! Sunpson. Srence A Tc ma ■■■■ mdse. Anchored In Quarantine a' Ilrfl2 p m. Steamer ?=iblne. Mobile Sep'err.ber — . Tampa. 7 ar.d Key West 9, to •-■ Mall or Ss Go. with j ra«=~r.eers and mdse. Off the Highlands at 10:34 r m. Band H~^k. v J. Ser? 13. *>:»* p m — Wind southwest, '.=:-• breeze; cloudy; -"' «ea. ■■.-- Steamers Candi'jm (Br). Port Said: Tapai^>3 (Braz>. Pernambu-c. Bahia. etc: Snwani fßri. Tarr.pico; T'sk (Bri. Sytoej"; Birchtor (Br>. Nor fo'.k; Kaiser W h=!rr. On — M (Get). Bremen: Rotterdam iPutchi. Rotterdam: America fltal). Naples: Btrhn <G=r). Ptirbar: El Sud. Galves ton: O==abaw. Bi unaw Vlr^lta (Nori. Rl^h— i mond: Ma- Ca!vo Span) Havana; Clotnilde Cuneo (Nor"». Port Antcnk>; >rarahce. Char!eston and Jacksonville; Banttaat ---'--: and Newport News; Hamilton. Norfolk and Newport News; City of St Louis. Savannah; Pawnee. Philadel phia. STEAMERS AT FOREIGN PORTS. r-n Liverr-vil. Sept 12 — :..-- .■. (Br>. New "- via Flsheuard. Antwerp. Sept 12 — Vaderian-1 (Pels). New- Tork ••a De •- Coppnhaami. Sept 13. l*> - rn — Oscar II (Dar.>. New York via Ti-istiansand Nairasak!. S»pt 11— Indravell) .Br>. N'»t York via Sineapore. H^re Kona and Shaneha!. Havre. Sept ii_rr!n? T.-!!lerr! I (Dutch). >."=>-■ Tor* via West Indies and Ver.e 2 ueia Jor Amsterdam. Rotrerdam. Sert 12 — Mannheim (Ger>. JCew York. Genoa. Bepi f« — Sarri" (Ita!>. New Ynrk ani Boston, via = ' Michaels and Nar'^s Bremen. Ser>t 13. ft a m- Ka!« r Wilh e lm II fGer New York via Plymouth' and Cher- j hours. Auckland. =-• Vt — Tnpr'^na CBrf>, New Tork via] St Vincent. C " Melbourne, etc. Kurrache^. Sept 10 — Patella (Br>. New York. River Flare. ?-r - 10 — Royal Prlnc= (Br>. New York ■ .■ Rio de Janeiro and Sanros Tjilatjap. Sept — RhetnMs >.-. New York via Port Natal M^TiTevid»o. Sept 12— H«!!»w rFr>, New York. Havre Sept 12- -Kins Kdsrar (Br>. N*>-n- York Fa.-sein. »»>pt 12 — Moltkefels iGer>. New York via HodeMali Kurra^hee *«tc. Trishane Sert 13 — SwanW- (Br). New York \-ia j Bt "V — em C V, Fretiantle. etc Plymouth. Sept 14. 12:2R a m — Ocar.lr Tfr^. New York for Cherbourg: ar.d Southampton land pr'-ceed-d*. Sasre?. ?»r* 13 — ■Supposed Buffalo (Ger>. New York for Port Said. Gibraltar Sept — Patrhi (Greeki. New York for! Pirapus. SAILED Gibraltar, Sept 13. 11 a m — KSnUrts Luise (Ger> (from Genoa and Naples). Nevr York. Port Natal. Sept 12 — Falls of Nith 'Br> (from New Tori Hone Koni. Rio de Janeiro. Ser-t in — Tudor Prince (Br> rrror-. Bami - New York Newport. ?e r t — Camillo CBr>. New York. Bermuda. Sept 1?. 10:45 a m— BermudLm fRr). Xew York. This is the beginning of the end of the Straw 1 1 at Season. All the cjood styles and shapes in Derby and Soft Hats for Fall are ready to day in our stores. Our new Brownino--Kin"- Special at $9.00 is the besl hat in the market at the price. BrowniniKing WE$& Company Bto*dw ay at 32nd Street V Coopci Square at sth Street Fulton Street, Brooklyn AMUSEMENTS. BEUSCO 11£fr3SEiiS-!SgSS DAVID BELAsro T UK' I It v Pr«>»*ni* (Last a \v.-.-km mL LILT RFPURLIP w «" * M St - EvM nt s »s. ncruDUw v. -. To , lay and S-»t . •_• !5 LAST tl TIMES — KO|tll\ lintMT. NEXT MOXHAV— 'I Writes Only. _ IS .MATKIMOXV A FAU.I'KK? ACTfIB IVy - 4Mh Pt Ev » S:ls MaiiWwl HO lUn ft Sal 2:13 Tdy V. .• .V>.--$1 .V> Sags SEVEM DAYS WlUU*k'».By.3othW l UU*k'».By.3oth Kv.Sl.'i UU Tily.Su~i i 1?, K. B.Warner £i- Ams Jimmy f alentins I There is much "moonshine* talked about evening &J suits. With many men they are-^ last tie to the merchant ta3cj Hut why? Is it a question of fit, w^J | our suits are fitted before y^l ; place an order ! Is it a question of style, wl^j | you see that before you p]^; an order? Is it a question of cloth, wfoj our evening suits include ty identical fabric used by nac| of the most expensive tailors ft their most expensive suited well as other good but lq costly cloths \ Certainly it can't be a queji tion of price. Evening dress suits, $33 y Dinner jackets separate!?] $19 to $36. 0) Rogers Feet & Companx i Three Broadway Stores at at it j Warren st. 13 th st. 346 J AMUSEMENTS. NFW YORK'S LEADING THEATRES I EMPIRE B'Tx-ay & 4» St E-"?s. fcS CRlr InC Ma-.. Famrdarwij; £SH ".John Drew Excels Him*eif." — St?. *& v JOHN DREW y £%-ar. Swift KHiGKERBOGXER^r^o^S OUR MISS GIBBS by thfl Aurhor of Music of Tbs Arafini: GARRICK Z'r'r. ?:.. oar B'war Sts».*3> b An n l U r\ Ma -_. samrdv 0-2-. 21* LOVE AMONG THE MR Than . 9** S2. ! HENRIETTA CR0«X»! S*at» Tn-rr.'x. t in a.vTT-MaTHIMO?T. i LYCEUM -* s:jl ?r r " B wa? EwtftS LIoIUIVI Mat ?aT OtOr. 2li "Dillll Than A M — - from M*»" ! THE BRASS BOTTLE M'-'N. ?EPT I9tbl S«it» Tn-rr.^rm G. P. HI VT! — HATTrE WTLI.U3E in .... NO - N'TIXS. CPITERION FIR?T SUBTRBAN MAT. TO-DAT. THE COMMUTERS CHAPXE? DILJ.IN'GHAirS Brw * To. 3b: ■ IT E'way. Saturday 025 GLOBE 4«hSt atS:ls3at BESSIE HeCOY^^^j BIJOU 5 MAGLYN ARBUGKLE ? - KEWiMSTERnAHI^Si| I.lna AKirbanHl. with 2T2i w rf MADAME SHERRY ¥ IDCDTV " " LIDCH I I Mats T.^-dAv i- «-■• - -*| COMEDY Sl-fCESS OFTHEimI THE COUMTRY BOT NEW YORK ?^^j£*M THE MCUIJft: fiftlET THE FORTUHE HOITbI With porn BAKFVMOKE __ I GET HIGH QUICK WALLfHBFuH^ Eatir- Stock. *k av- . »:Jd-44t_i» »» BJ 1 Dally Manxes at 2. Best £«*« *-■» The Interna- Ballet of Tne - ri ll.»fl tional Cup Mao-iM .Earthquake Ctna** 1 - MWIM *' 1 " OTT ' g2SS I $1.50. ilatir'" T"-daT. 2 }*-*;^»* THREE WEEKS OStt Theo4lor«- KoN-rt- J Jh* |' H(^, Milton >ill- j Vr^-Si« *" , "> 111 X '" MOTHEF LTHIC MADA ME» Ca.inu. By HP. 1.31. « k F.v - : 1^ T-j'ti^ ™»\* Up an: Down BROAD** WED EVE.. SEPT. --—■^L-- Z l ■ " ... Jtffsi it-v. fi«mw n«ui«* >«i.. try * •>>> -j"j^m r \ t^STji m Marie Dresslarjar^j ~ — s9 DALY'S BA BY Ml* £ | BTwmy & : 2^__J^ll2^-_ - - — # TTTxlmovas 39TH^T7Th- itr-. .*■■*■■ Si't'i^E ||aiiii3l m- Tr OeWoif Hopper-^V--| MANHATTAN ' "^ J OPEMIMG NEXT MuHOW.f j HANS 111 FLUTE « SEATSNOW: I sth Aye. I "nnl AMI II K way.; La Pt*- M^f.,**' I RDLQHIAL east kga^Sj ALHAMBRA '"'I CITY 3,TVV Tb«,trr.i:..U»t., CK-tWIOSS^, jlai T'ily_'— > li'JLi; — "riliiiS l ** *•' AMERICAN; I DREAMLA^i [» lll^" 1 ' . ,'iuill Lib*'- - i