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New-York tribune. [volume] (New York [N.Y.]) 1866-1924, December 24, 1910, Image 7

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COUNT" DAULBY A MODEL
Auditors Weep as Witnesses
Testify to His Honesty.
FAMILY LIFE WAS HAPPY
•'Countess" Resents Testimony
That She Insisted Upon the
Payment of $20,000.
Touif. Franc*. Dec — "An amazing
ro"rt drama of passion and pathos" is
hew a local paper to-night ftims up the
trial of "Count" and "Counte??*' d'Aulby
£c Gatign^y. who are charged with having
nrisfled Use Duchess d© Choiseul-Praslin.
formerly Mrs. Charles Hamilton Paine, of
Boston. lass BB|tBBSa was based on to
day's sensational developments at the trial,
trfcjeh m moved the auditors that the cus
tcnary scenes of disorder, laughter and
ctecring changed to a burst" of weeping.
Reputable business and professional men
of Tours on the &tar.d at to-day's session
painted d'Aulby and his wife as the' In
caixation of honesty end charity, declaring
t»j2.i their ministering to the •wants of the
elcli and needy had caused them to be
jrred and esteemed throughout the coun
try.
iL Diet, president of th» Tours Associa
tion cf Lawyers, who drew up the contract
for the sals of the picture "Antiope" to the
late Mr. Paine, testified that d'Aulby had
Insisted en the insertion of a clause in the
contract to the effect that he could not
BBjarjaaaee the authenticity of the picture.
31. Wat also said that neither d'Aulby nor
hi? wife had any idea of business or of the
•value of meney. of which they received
$I?.'"**) almort every year from Boston.
They were passionately fend of music, and
lived a happy family life until Mrs. Paine
entered d'Aulhy's life, which until then had
been irreproachable.
D'Aulby. the witness declared, was the
victim of the wiles of others who were now
trying to ruin him. As M. Diot detailed in-
Ftances of d'Aulby's alleged charities sob
bing was heard in various parts of the
courtroom. The witness said that it was
elirars d"Anlby*s intention to forward the
wine for which Mr. Paine had given him
55.200.
Every -witness called by the prosecution
to-day turned out to be a defender of the
defence, while the testimony of M. Des
mculln, a member of the jury of the Beaux
Arts Salcn, Paris, plainly produced an im
jressicn most favorable to the accused. •
ML Dutillet. who was delegated by the
duchess to settle up her affairs with D'Aul
•by, testified that the latter refused to r.e
potiare with him. referring him to his law
yer. D'Aulby's attorney, the witness said,
fucrested the payment by Mrs. Paine of
52QG,000>. but the witness could net say
whether the money requested was to be in
payment for the return of the letters al
leged to have been written to D'Aulby by
the duchess or in settlement of the picture
contract, cr for both considerations.
XL DutQlet understood that it was Mme.
D'Aulby who had insisted upon the pay
ment. Dime. D'A-:by did not like this
ftatercsnt from the witness and, standing
•up. protested against his statements m
vcivfcg her. As usual at these interrup
tions, "here was a great commotion among
the spectators. Special importance at
tacked to Dutillet's statement that he could
— swear that Mrs. Paine's letters were a
consideration in the negotiations, as the
prosecution has sought to establish a con
r.ecticn between the?* negotiations and the
caie of Alexandre Tscherniedieff, who is
•under arrest in London charged with taking
part in a. conspiracy to blackmail the
<st2chess. D'Aulby has sworn that he does
not know T?c.;"eniiedieff.
D'Aulby, who. under the French system,
is constantly questioned on various points
brought cut by witnesses, shows signs of
breaking down as a result of the ordeal.
As M Diet and others lauded him to-day
D'Aulby sat with his head bowed on his
isees, a handkerchief hiding his features.
It is announced that he has spent eight
months of his life in prison in. composing
zz'isic and writing his memoirs.
PORTUGAL'S GOVERNMENT
Proposed Plan Based on Sys
tems of France and U. S.
Lisbon, Dec 23.— The plan of government
lor the new Portueue?e Republic has be«4i
elaborated by the provisional Cabinet. It
if based upon the parliamentary system eC
France, with certain modiiieations adopted
ircm Use United States.
The President of the republic will be
chosen by Parliament for a term of five
7 cars and will be ineligible for re-election
until a resrular term lia«lnrpr\<-!>^. As in
France, the Cabinet will be appointed by
The President, in accordance with the polit
ical complexion «f the legi?lativ« body, but
the Ministers of War, Marine, Finance and
Public Works, being 1 consid^r^d non-polit
leal, will continue irremovable in the event
that the mm 1 nun ill loses the confidence of
Parliament. Members of Parliament will be
elected for three years.
GUAP-DING SULPHUR MINES
Italy Said .To Be Anxious to Keep
Them Out of American Hands.
Home. Dec 23.— 1n spit*> of the denial
Ctcib official quarters, certain newspapers
continue; to assert that a naval expedition
to Tripoli is being prepared with the pur
pose chiefly of preventing th<* sulphur
7rAr.es there falling into the hands of Amer
icans. The report is circulated that the
American archaeoloerical expedition to Trip
oli aimed to ascertain the extent of the
country's production in order tit relieve
the United States from the necessity of
laportin? Sicilian sulphur.
ONLY ONE OF CREW SAVED
French Steamer and Sailors Lost Off
Coast of Algeria.
Valencia. Spain, Dec. 23.— The steamer
■Sao to-day landed here, the sole survivor
of the French steamer Jean Concel. The
can says his vessel was run down by an
Unknown craft off Algeria, and sank in a
few minute?, carrying down all hands ex
■apt himself.
Available maritime registers have .no
i"^cord of the steamer Jean Concel. There
is. however, a French steamer Jeanne
' '.*■■ ', owned by the sons of Theodore
Conseil. rf Bordeaux This vessel is of
"■>JCI tons and was built in ISS3. According
to last reports she -was engaged in the
Jl»Miit<srranean coast trade.
SAYS U. S. WANTS CUBA
Berlin Post" Asserts That Americans
Are Land Hungry.
Berlin, ■*-". 23.— The political situation in
r =iba is discussed in this evening"* "Post."
which -aye: "The object behind th*- biassed
and fcislily colored dispatches regarding
Cuba is- <jufSfe clear. The Americans' land
hunger i.<- not satasJasi with the present de
pendent position of Caap, and they are
sirlvinsf for its complete annexation by the
tTnited Ftates as s>xt.i.as possible."
CUBA TO BUILD SIX WARSHIPS.
Washington, IV**. 23.— For the protection
«** her coast Cuba is contemplating the
construction of cix vessel* adapted to
«*cast guard service, according to advices
received by the State Department. These
vessels win have a speed of not • -» than
ten knots and a draft not exceeding six
if t. The tenders invited for the con
•tructlon of the vessels will close Jariu
«7i
WANT COOK FOR VAUDEVILLE
But He Prefers the Quiet
Celebrity of His Hotel.
Dr. Frederick A. Cook renewed his ac
quaintance yesterday with th* Waldorf s
cosmopolitan corridors, the velvet of which
is trodden by IMf variety of mankind
known to American civilization. In his
wanderings the doctor had a bodyguard of
two magazine men to keep him from verbal
Indiscretions cr from an appearance of
loneliness. For no one paid much atten
tion to him. although Ruests and servants
recognized him and smiled, perhaps, be
hind his back, or pointed him out to friends.
Bat of all this the former explorer ap
peared supremely unconscious. He ate in
the cafe with "a good appetite and chatted
with his keepers as if he were an unknown
habitue basking in the subdued atmosphere.
Afterward, while wall for the elevator
to convey him. to his room, he said he had
nothing to say at that thne for publication,
but would issue a statement Monday. :?:
"1 shall he here in the hotel probably
three months." he remarked, "and in that
time you ought tc get all you want out of
me. My statement Monday will deal with
the Rasmussen charges and will hot be an
except from any magazine article."
"Will you live In Brooklyn again?" he
was asked.
"I don't know; probably not. but I ex
pect to live permarent'.y somewhere in
Hear York. Mr?. Cook and the children
won't join me here before next summer.
The children, you see, are in school over
there."
Instead of spending Thursday night at
the Waldorf, in the suite he occupies more
than" a year ago, which had been re-en
gaged for him. Dr. Cook went to the home
of his brother, William 1* Cook, at No. 749
Bedford avenue, Brooklyn, where he passed
the night and yesterday morning. Among
his first visitors when he did reach the
Waldorf were representatives of two vaude
ville syndicates, the offer of one of whom,
it is said, was $5,000 a week if the doctor
would consent to appear on the vaudeville
stage. He refused the- temptation.
YALE ALUMNI GIVE $10,000
Appreciate Compliments Paid to Eli by
Johns Hopkins.
[Rv Telegraph to The Tribune. 1
BalMmore. Dec. 3.— Members of the Tale
Alumni Association have contributed near
ly $10,000 to the John? Hopkins University
new building fund. In a letter the Tale
men say:
"You will recall that when the univer
sity was started you summoned a Tale
man. Daniel C. Oilman, for its first presi
dent, and when the medical school was
opened you again turned to Tale for Dr.
Welch and Dr. Halstead. We cannot pre
tend to equal these former contributions of
Tale to Hopkins, though we must acknowl
edge some debt to you for the men you
have given vs — amor.g o T hers Harrison,
Warren and Andrews."
J. N. HUSTON GETS NEW TRIAL
Justice Wright Sets Aside Conviction
as Not Wan-anted by Evidence.
Washington. Dec. 2.".. — -A new trial wai
granted to James N. Huston, former Treas
urer of the I'nlted States, recently convict
ed of conspiracy to use the mails to de
fraud, by Justire Wright in Criminal Court
to-day.
In setting aside the verdict of conviction
the justice said he could not bring his mind
t > assent to the verdict because he Aought
the evidence had not clearly established that
Mr. Huston had affirmative knowledge of
the conspiracy or of th*> alleged false repre
sentations.
Harvey M. Lewis, of Cincinnati and Buf
falo, and Everett dv Four, of Washington,
convicted with Huston, were sentenced to
serve two years in the penitentiary. They
notad an appeal to the Court of Appeals
and were released osj bail.
PUTNAM ASSOCIATION DINNER
Welfare Promoters in Three Counties
Get Together at Hotel Astor.
The Putnam Association, composed of
men who use the Putnam Division of the
New York Central road in the counties of
New York. Westchester and Putnam, held
its first annual dinner at the Hotel Astor
last night. There were about fifty present.
Among the speakers were the president
of the association, .T. Preseott Gage: Sen
ator J. Mayh«?w WainwTight, of West-
Chester County; James L. Weils, president
of the North Side Board of Trade; Dr.
Johnson, president of the Village of Ards
l.y; John D. Hardy, of Boston; William
T. Matthies. first vice-president of the Put
nam Association and president of the
Tremont Association of The Bronx; Alder
man Seymour Mooney, of Yonkers, and
Irvin B. Cobb.*
President Gage read his first annual re
port. The I"utnam Association was in
corporated February E. 1909, the object be
ing to promote the welfare and improve
ment of the territory served by the Put
nam division In the counties of New York,
Putnam and Westminster.
RECEPTION ON THE GEORGIA
United States Fleet Officers Entertain
on Battleship at Gravesend.
Gravesend. England. Der. 2?. -Rear Ad
miral Howard and the officers of the fourth
division of the United States Atlantic fleet
gave a reception and deck dance on board
the battleship Georgia to-night. Five hun
dred guests from Txindon and Gravesend
were present. The ship was decorated with
emblems of the Yuletide.
STUDENT FINALLY PAYS DOCTOR
Debt of 25 Cents Troubles His Con
science After Many Years.
New Wilmington. Perm.. Dec. 23 -Dr. G.
V* Mealy, a k-ading practitioner here, was
surprised to-day to receive a letter con
taining 'conscience 1 money from a man
living in Waterloo. lowa.
Tin writer stated that many years ago,
while a student at Westminster College.
here, he became, indebted to the doctor for
25 cents. The amount was never paid, but
«n recast years it has troubled him so that
he felt it Ms «oty to enclose double the
original obligation.
THEATRICAL NOTES.
The first performance of Henry Arthur
Jones's new play. "We Can't Be a. Bad as
411 That" will take place at Nazlmovas
Theatre or Friday night. December 30, in
stead of on January -. as heretofore an
nounced.
Mile. Mizzl Ilajos, the Viennese actress.
who I M become a favorite here through
her appearance at the American Music
Hall and in "The Barnyard Romeo and
in ottwr pieces, has jjeen engaged by the
■ ,if — for their M Winter Garden.
which Is to spaa at SOth street and Broad
day about February 1. Ms* Kitty Gordon
is aiso to appear there.
The Sh-jb«-rts are to erect a new play
house in Newark which will be known as
the Sam S. Shuhert Theatre. It will be
located on the old Cortlandt Parker estate.
Th coat of house an.l land, it is said, will
be upward of $300,000. The theatre will
-.eat sixteen hundred persons.
The second East Side subscription per
[_.— at the New Theatre will take
„.„... -night, when "Old »****»*? will
be .-c.l. Kvery seat in the am has
Zm m*> at from 10 to 50 cents each to
vurkins people. Tickets were distributed
through thirty-seven charitable and educa
♦ i^nai organizations, the heads of which.
wl& « few Swats, will occupy the boxes.
XEW-YORK DAILY TRIBUNE. SATLTLWAf, DECEMBER 24. 1910.
"PADLOCK BILL" PASSED
Premier Canalejas Wins a
Notable Victory.
BACKED BY KING ALFONSO
Measure Prohibits Further Re
ligious Establishments for a ,
Period of Two Years.
Madrid. Dec. After a stormy, all-night
session, the Chamber of Deputies to-day
pass-ed the government's "padlock bill" by
a vote of 108 to 20.
This is a notable victory for Premier
Canalejas, obtained after a bitter fight in
volving not only the opposition in Spain,
but the Vatican, whose seal of disapproval
was set upon the legislation even before it
had been submitted to the Cortes.
As originally drawn, the bill prohibited
the creation of further religious establish
ments in the country until the revision of
the Concordat had been completed or defi
nite laws on the subject passed. In the
Senate the government accepted the amend
ment of Baron fiacre Liirio limiting the
period, of interdiction against new congre
gations to two years. The Senate passed
the measure on November*4. the vote being
149 to 58. The majority in the upper cham
ber was greater than had been anticipated.
Its passage in the lower house had been
expected.
The objection to the measure by the Holy
See was raised on the contention that,
whereas negotiations were under way for
the revision of the Concordat of 1851. Spain
could not in good faith adopt any legisla
tion adversely affecting- the congregations
until these negotiations had been concluded.
It was claimed that in the mean time the
status quo should be maintained.
Canalejas insisted upon a programme of
religious liberty, and maintained that the
matter covered by the "padlock Dili" was.
not properly a subject of diplomatic ex
changes between Madrid and Rome. In this
attitude he has appeared to have the sup
port of King Alfonso. Much bitterness was
engendered, and Canalejas, himself an
avowed Catholic, bore the brunt of the
Clerical opposition. As a consequence of
the unchanged positions of the government
and the Vatican, the negotiations over the.
Concordat wer» interrupted and the rela
tions between Madrid and the Holy See se
verely strained.
The final fight way waged until the Depu
ties were pretty well exhausted physically.
Amendment after amendment was voted
down. At 7 o'clock this morning Canalejas
intervened, and in a strong speech dis
claimed any hostility upon the part of the
government toward the religious orders.
He insisted, nevertheless, upon the neces
sity of passing the bill in order that -the
government might resume complete nego
tiations with Rome.
Better Salaberry. the Integrali?t, respond
ing, declared that the Opposition would
fight to the. biter end, but Yasquez Mel'a y
Candido, leader of the Carlists, finally sur
rendered, saying that he did so out of
pity for the stenographers, after, however,
registering a final protest on behalf of
the Pope, who, he said, would be grieved
greatly.
After the final vote was taken the Cham
ber adjourned.
KING NEEDS CONN AUGHT
Hinted That the Duke Won't Be Next
Governor-General of Canada.
Ottawa. Ont.. Dec. 23.— That the Duke of
Connaught will not be the next Governor-
General of Canada is the growing belief
in official circles at Ottawa, and the opinion
is based on a substantial hint of a semi
official nature received from the mother
country.
It was announced shortly after the death
of King Edward that it had been the wish
of the King that his brother, the Duke of
Connaught, should go to Canada as Gov
ernor-G^n^ral.
King George Is said to have discovered
trat the duties devolving upon a King of
England ere too nurmrous and too onerous
for one man. King Edward was assisted
in his official duties by the Duke of Con
naught and Prince George of "Wales. King
George, however, finds that he has only
one competent assistant to represent him,
and this is the Duke of Connaught.
The necessity for the duke remaining in
England is said to be becoming more and
more evident to the members of the royal
family, and it is believed that some one
else wffl be named to succeed Earl Grey in
Canada.
CHINESE KILL MISSIONARY
Father Meriget Murdered by the Na
tives at Ytmgpeh.
Hong Kong. Dec. 23.-Fafher Meriget,
who had been « French missionary in
China since I»i3, was murdered Thursday
by natives at Yungpeh, in the province of
Yunnan. An investigation into the cause
of the murder is proceeding.
The district about yungpeh asaaUy is
quiet.
INSURGENTS ROB TRAIN
Peruvian Rebels Secure $4.500— 1n
Possession of Urubamba.
Lima, Feru, Dec 23. -A group of insur
ants yesterday attacked a train near San
Mateo, and robbed it of $3,400.
Traffic on the Central Railway has been
-impended and the telegraph line is in oper
ation only to Matucama, fifty miles north
ea«t of this City. The insurgents in tne
south laws occupied Urubamba. in the
orovince. of the same name.
The Cabinet crisis continues.
PROTEST AGAINST EXPULSION.
Berlin. Dec. 23. -Austria-Hungary has
Joined with Germany in a protest to Portu
gal against the announced expulsion, on
'anuary 1. of Austrian and German mis
sionaries from Portuguese colonies.
SALVATION ARMY LITIGATION
After Long Fight Organization Pound
ed by William Booth Triumphs.
After long litigation between the "Sal
vation Army in the United States." the
organization established in this country by
William Booth in 1880. and the "American
Salvation Army." a rival society, the for
mer received yesterday the exclusive right
to the use of the name "Salvation Army"
from tho Appellate Division of the Supreme
Court The American Salvation Army is
prohibited from using that name or wear
ing uniforms which in any way resemble
thoW worn by the members of the Salvation
Army in the United State*.
* The court also forbids the American sal
vation Army from issuing any paper bear
ing the title of "Salvation Army War Cry.
or lifting the words separately, or to solicit
subscriptions of money or other things in
the name of the "Salvation Army.
MUST • ENLARGE DRYDOCKS
None in This Country Large Enough
for New Dreadnought Texas.
[By Telegraph to The Tribune. I
Newport News. Va.. Dec. 23. — The pro
portions of the Dreadnought Texas, which
will be built for the United States by the
Newport News Shipbuilding Company, will
bar it from any drydock now in this
country. The local company, besides be
in-* forced to tr^ct ■ special set of stocks
for the vessel's construction, will have to
€Jilarg« the entrance to their drydock in
order to accommodate the Texas The local
drydock is the largest in America.
HUSBAND CONTESTS WILL
Cut Off with $1,000. While
Charity Gets $49,000.
Hackensack, N. J.. Dec. 23 (Special).—
A contest over th« will of Mrs. Mary O.
Hi ugh. of Bergen Fields, was started in
the Orphan's Court before Judge D-em
arest to-day. Charles T.. H'"»igh. hus
band of the testatrix, was cut- off! with
only $1,000 of an estate valued at $50,
000. The rest is to be divided among
the Children's Home and Old Ladies'
Home, of Hackensnok: the Englewood
Hospital' and the Episcopal and Re
formed Churches, of Bergen Field?.
. Counsel for Hough contends that one
of the two sheets of foolscap paper on
which the will was written was. substi
tuted after witnesses had signed the
document.
A pin held the two sheets of paper to
gether and the fact that one page and
'a half of the second were written inside
the margin, with the bottom half of the
second page written outside the margin
is the basis at the eaatest.
Judge Demarest refused a motion to
set aside the will on the evidence offered
and fixed January 27 for the hearing of
nacre evidence.
Mrs. Hough was sixty years old at the
time of her death, and was twenty years
older than Hough, who was her second
husband. He was in her Sunday school
class in New York before the death of
her first husband.
COMPOSER'S CLOTHES BURN
Professor Humperdinck Victim
of a Small Fire.
A fire that broke out in the apartment
of Engelbert Humperdinck. the German
composer, on the seventh floor of the
Hotel Astor, on Wednesday night de
stroyed four suit 3of Professor Humper
dinck's clothing. At present, when the
composer is not attending rehenrsals of
his opera. "Konigskinder." he is spend
ing his time at the tailor's.
The fire occurred shortly after Profes
sor Humperdinck had returned from the
dinner of The New Theatre founders.
He smelled something burning in his
bedroom, and rushing in. found his
clothing, which was hanging on the
wall, ablaze. The composer attempted
at first to extinguish it himself, but
finally "was forced to telephone to the
office for help.
HERMIT FROZEN TO DEATH
Dog Led Police to Boat —
Daughter Dancing in Paris.
fßy Tel-srraph to Tho Tribune ]
Pittsburg. Dec. 23.— While Nellie I.cc
is dancing on the stage in Paris. Pitts
burg people are endeavoring to find the
pension papers of John I^ee. a hermit,
sixty-five years old. and a Civil War
vet^rnn. sjrbose frozen body was found in
his little houseboat in the Alleghany
River on December 1«>. Lee bad lived
alone in the boat for years, and when a
faithful dog led the police there, he had
been dead several days. For fifteen,
yearn he had not been visited by a rela
tive, although the few who know any
thing of his lifp say his daughter is
Nellie Lee. a minor actress in Paris.
It is said that for a time Lee drew a
pension, but when his Bfismfy boat was
searched no money or pension papers
could b«* found. While the search goes
on for his war record the body of the
soldier-hermit la kept at the morgue in.
an effort to save it from burial in a
pauper's grave.
"ATDA' FILLS METROPOLITAN
Casts Familiar Except for Boston Sing
er in Part of Amneris.
"Alda" was the opera again last night,
with BUsa Destinn as ATda and Mr. Caruso
as Radames. Of course, tn^ Metropolitan
was crowded from pit to dome, and both
of the chief singers gave the audience of
their best.
The grip caused a new Amnerls in
place of Mrs. Homer. She was Mrs. Claes
sens, from Boston. Tho reason for the im
portation of Mrs. Claessens is not quite
clear. She caused no old stars to fall from
the h-avens last night, nor did any new
one ancend.
Mr. Scotti. who was to have sung Amon
asro, wa-s also indisposed, and Mr. Amato
sang the part which h^ has sung so often.
Mr. Toscanini l^d the orchestra with his
accustomed effect.

WILL NOT STOP TETRAZZINI
San Francisco Police Chief Sees No
Danger in Crowd.
[By Telegraph to The Tribune. J
San Francisco. Dec. 23.— A delegation of
women appealed to Mayor McCarthy to
day to stop Mine. Tetrazzini from singing
at Lotta's fountain in front of "The
Chronicle" building to-morrow night ne- j
,-ause of danger to life from immense
crowds. They cited the loss of life in
Stockholm twenty years ago when Chris
tine Nilsson sang in the street in that city.
The Mayor decided the police' could con
trol any crowd that might gather, and he
refused to order the open air concert trans- :
r>rreri to Golden Gate Park, as the women
desired. It is estimated that many thou
sands of persona will come in from neigh
boring cities, as oldtime English Christmas.
carols are to be sung from the stage be
fore the opera sinner appears. Chief of
Police Seymour thinks twenty thousand j
persons will be massed within sound of her
voice.
HOME FOR LIFE HIS REWARD
New Yorker Recompenses Sailor Wlio
Once Saved His Son.
ifctr Tel^sraph ;■ Th-_- Tl [Wliw ]
Anderson, Ind., Dec. 23.— William Spur
rier, a mechanic, has t>eeii invited to make
his home for the rest of his life with M.
B. Smith, of New York city. Spurrier saved
th»- life of the New Yorker's son. Lieutenant
Smith, on a T"nie«l States warship in a
crofss of the Mediterranean.
Thr; lieutenant w;t.s falling into the
machinery, and in the rescue Spurrier.' who
was a btnejaeketa i-uff<?r»'d s brokvss arm
and was injured internally. After his en
listment expired Spurrier eaBJM to this
city to live and recently j?ot into com:iu
catfan with Mr. Smith. Be will go to New
York to live next month.
NORTH ADAMS WET AFTER ALL
Recount Changes Dry Majority of One
to Seven for License. "
North Adams. Mass.. Dec. 23.— The joy >>t
the temperance people over the conversion
of North Adams from the ranks of the
license cities to those of the no license. In
dicated by the vote at the annual city elec
tion last Tuesday, was shortlived, 'for a
recount to-night showed a majority of
seven votes for license. When the votes
wore first counted they gavti a majority of
one vote for no license.
The discovery of the four defective bal
lots practically decided th« result. The
vote* as recounted gives: Yes. 1.1S0; no.
1.473.
OBITUARY.
JOHN W. HOWE.
Saratoga Springs. N". V.. Dec. 2S (Spe
cial).—John TV. Howe is dead at his home
in Schuylerville, this county, at the age of
about sixty-one years. He was for many
years a resident of this village and was
active in business and political circles. He
was one of the founders of "The Saratoga
Daily Union." which was subsequently
purchased and operated for several years
by the late Spencer Trask. Afterward,
with others. Mr. Howe founded "The Sara
toga Daily Press" and assumed the active
management until it was merged with "The
Saratogian," a daily newspaper. He con
tinued his relationship with the last named
paper in the capacity of, manager for a
number of years, and only retired when the
paper was sold.
Of recent years Mr. Howe had been ac
tive in the promotion of interurban electric
railroads. At one time he was? secretary
of the • North River Railroad Company,
now the Hudson Valley road, running from
Saratoga to Lake George. At one time he
was postmaster at Fortsville.
Mr. Howe was twice married. He leaves
a wife, three daughters— the Misses Eliza
beth, Mabel and Ethel Howe, of this vil
lage—and four brothers— Peter and Scott,
of Fortsville: Elmer, of North Adam?, and
Frank 8., of this village.
CHARLES J. HEINSHEIMER.
Charles J. Heinsheimer, a stock broker
and a member, of the Stock Exchange, died
Thursday evening at Tarrytown. He had
been ill for about a. year. He had a New-
York home at No. 9 Enst 65th street, and
leaves a wife and one child. He was forty
six years old.
BARON GUENZBERG.
St. Petersburg. De.-. 23. — Baron David
Guenzberg died here to-day from cancer.
He was fifty-four years old and a son of
Horace Ossipovitch Guenzberg. "president
of the central committee of the Jewish
Colonization Company, who died in 1909.
Like his . father he was famous for his
benefactions to the Jews and Jewish
causes. .■■':•;•.>.■: ■■-'
MRS. ELIZABETH HALL PORTER.
[By T«!<*&raph to The Tribune.)
Princeton. X. J.. Dec. 23.-- Mrs. F/lizabeth
Hall Porter, who <lie.l yesterday at the age
of ninety-five years, will be burled at the
Cypress Hills Cemetery, Long Island, to
morrow, after tht funeral act h»r home
here. Mrs. Porter for the last thirty-five
years ha«l made, her home with her son
in-law and daughter. Professor and Mrs.
Henry Bodir.ger Cornwall Mrs. Cornwall
is her only surviving relative. Mrs. Porter
came from a Hempstead, Long Island,
family and was a niece of Mrs. Peter
Cooper. Dentil was due to old ag*\
MRS. MASON S WILL SETTLED
Compromise Gives New York Relatives
About 8140,000.
[By Telegraph t ■ The Tribune]
Fittsfleld. Mass., De,-. 23.— An agreement
has been reached in the contested wffl rase
of Mrs. Mary A. Mason, late of New-
York and Great Barringtop. whereby tne
will is amended and Mrs. Henrietta O.
Trowbridge. a niece, and Mrs. Lila O. Hen
ri'iues. of New York, a sister, will receive
about $140,000. th-~ rest and residue of the
estate of $4<l".' 60b
All special bequests, it has been agreed,
shall stand, and include a public library and
a parish house for St. James's Church, in
Great Barrington. The remainder of the
estate in the original will was to found a
hospital in Great Barrington. a memorial
to Mrs. Mason's husband. She died in New
Tork last April, and the will was contested
on the ground of unsound mind.
SOLDIER OF FORTUNE ARRIVES
General Jeffries Has Experience on
Ship Like Dr. Cook's.
General Herbert C Jeffries, soldier of
fortune, who has had a varied career in
Colombia, Panama and the little repub
lics jast north of these countries, came in
yesterday from the Caribbean on the fruit
steamer Matapan.
The general's identity was soon learned
on board the Matapan after she left King
stun 4 and attentions like those bestowed
upon Dr. Cook on the CJ-eorg* Washington
were displayed toward the South and Cen
tral American soldier. Some folk liked to
hear tales of shooting the. "spigotles" and
they listened. Othello had nothing on Gen
eral Jeffries, for his stories would have won
a dozen Dns-demona*.
There were a few, however, who did not
rare to hear the yarns of "flood and field,"
and even though the general could have
"cut his way through twenty times their
stop" they would not listen. It -.\ a.- 1
rumored aboard ship that the soldier com
plained to the skipper of inattention, and
in excellent though idiomatic English im
pressed upon scoffers the tact that he " H
a gentleman.
BROOME VOTES FOR SANATORIUM.
Binghamton. N. V . Dec. 23. — The number
of counties to authorize the establishment
of tuberculosis hospitals nadar the Hamil
ton-Whitney law was Increased to sixteen
when Broome County voted this afternoon
In favor of such an Institution. The favor
able report of the investigation committee
» as adopted by a vote of 21 to 7.
SOON!
'FLY' SCHOOL FOR MOISANTS
Get Hempstead Plains for Big
Aerodrome and Trial Field.
After making a flying tour of the South,
, the Molsant brother*, already risen to a
high place in the annals of aviation, will
■ settle down on Hempsfead Plains.- Long
Island, as the largest stockholders in the
' Hempstead Plains Aviation Company,
: whose certificate of incorporation has just
been filed with the Secretary of State at
j Albany.
The company has procured a five year
, lease of about one thousand acres just
i east of Garden City, and preparations for
; transforming this level waste into the
; world's greatest aerodrome and school of
flying are said to be now under way.
1 Though the names of Allen W. Svarts.
, Charles Stewart Butler and Gage E. Tar
j bell are also allowed to appear on the
; certificate, the school, that is expected to
offer all possible facilities for safe, and
I thorough instruction in every branch of
; flying by early spring, will become known
jto fame as the Moisant School- Instruc
• tion will be given on every type of ma
chine known, even to the all-metal mono
i plane recently designed by John B. Moi
j sant himself. And it i.« asserted by the
\ founders that pupils will be. taught to
i operate them.
There is hope that the Aero Club of
America and the various other aerial or
: ganizations of the country will make this
field' their official testing grounds and
establish the centre of American aviation
i interests there. The capital stock of the
I company Is given at $50.«y*>.
MAJOR RUTHERFORD FINED
He and His Companions Pay $10 for
Disturbance on Pier.
[ The three "'men arrested on the North
German I.loyd pier in Hoboken on Thurs
day night, charged with disorderly con
duct, were brought before a recorder in
Hoboken yesterday and fined $10 each.
Isaac Harris, the deputy surveyor who
■was on the pier on Thursday night and ap
peared with Deputy Surveyor Raczkiewicz
against the men at the police station, wa*
present yesterday at court. Harris hail
nine witnesses who testified against the
men.
The men. who gave the names of Major
Henry H. Rutherford. U. S. A., of Fort
Totten: Daniel K. Meyers, of Manhat
tan, and Edward E. Albert, of Brooklyn,
declared on Thursday that they were army ;
officers-, and tried to force their nay
through the customs lines.
WHAT IS GOING ON TO-DAY.
Free admissions la tha Metropolitan Museum of
Art. the American Museum cl Natural His
tory and th» ZoolOKlcal Garden.
Annual ball of tht» TOSBS Men's Benevolent As
sociation. Gran.l Central Palace, evening.
Christmas festivities' at the horn- of the Society
for the Prevention ef Cruelty t> Children.
No. 'J!i~ Fourth avenue. 7 p. m.
Annual Christmas distribution by th* Fre.ri-h
Benevolent Society. Terrace Garden. 2 M i!
P. m.
Christmas tree and entertainment at las SCssi
York Hospital. No. >< West l<ith street. 8
p. m.
Babco.-k, Eugenia L. Minor. {Catherine B.
Bnitr.- Henry B. Mltton. John
}:ruen. Lavinia. . Moir. Emily H. - .
Bush. Richard V. .Montgomery. Clarence W.
Carle. Helen M. Nemey . Michael J.
Child?. Harris-;. Ni*b*-t, Mary A K.
Fowler. Mary F. Norrie. A. I-anfear.
La Montagr.e. Krnest C. Noyes. Mary E.
I^auglilin Mary V. Parker. Emeline >.
Lyons. Francis A. F"rter. Elizabeth 11.
ilagenhelmer, Barbara.
BABCOCK— At Plalnfleld. X. J., on Thursday.
December 22. 19M>, Eugenia L-. widow of ,
Georse H. Bab.-'X-k. Funeral services at her
late residence. No. 209 West «th St.. PlalnSeld.
N. J.. on .Saturday. December 24. at 3 p. m.
Interment at Westerly. R. 1., on Sunday, at j
■.*:3O p. in. I
EODIXE — On December 20. Henry B. Bodin*.
aged 3-1 Funeral will be htsld at the Church
of the Transfisuratlon. East 2t>th St.. Monthly.
December »>. at 11 a- in.
r.RI'EX -On Friday. December 23. 1910. Lavinia
Brutn. Funeral *ervic?s at the rrsidenc* of
her brother. Albert Bruen. Xo. 2T»o Cumberland
nt . Brooklyn, on TaaSSSJTi December 27. at It)
a. m. Interment at Madison. N. J. Pleas*
omit flowers.
BCBH— Richard Delos Bush, suddenly, on D*
cember £2. at Westf.eM. S. J. Funeral ser
vices Saturday. December 24, at 1:30 p. m., at
- No. 414 Ist at.. Westtleld. N. J.
CARLE — Suddenly, on Thursday, the 22d Inst..
Hel*n M.. widow of Edward H. <*arle anil
daughter of the late Charles A. and .Sophia F.
Whitney. Funeral aarrteaa a: th» Church of
the Heavenly Reft. Fifth «>■-. and Jsth nt.. on
Monday the '.Tlth Inst.. at 12 p. m. Interment
at the convenience of the family. Kindly omit
flcwers.
CHILD -At his residence. Brier Knoll. Great
Veck Lone Island. December 22. l'jl<>. Harris
< ' <~hild«. in the 77th year of his age. Fu
neral service* will be held at AH Saints'
« hurrh. Great Neck. I ami* Island, on Satur
day afternoon. December 24. at .' o'clock. Car
riages will b«- In waiting at Great Neck upon
in* arrt% al of the. train l»-a\lr.B the. Pennsyl
vania Terminal at 1 o'clock-
v,,U!.i:K -OB Friday, PwaSSSSI -"-. !'•!■' i"
her :f- -••'.!• ■ No ..7 \\ •■■.: T-'.'.i >• Mj--.
Prase** '■'• '■■!•'* •' WHssSi Ay mar F I
Funeral prlvaf.
L V M' >NTA«'tNr> At Woodmere. I--on» Island,
on Thursday. December 22. ' ■". ". Krnest
Charle". «on of '■"■•" lato Edward I -a Montague
and Ernestine Gorfart de BlosMeres, in his
:,.iih year. Funeral service* will be held at
the Church of fit. Vincent de P»u!. West 23J
st.. on Saturday, morning. December 24. at
;>:.'ii» o"c!ock. Kindly omit flower*, Paris and
Montreal papers please. copy.
LATOHUK- Suddenly, on December 22. 1910. at
her home. Xo. .VJrtA Greene are.. Brooklyn.
Mary Vlolls. L*u«hlln. youngest daughter of
th« MSI John F. •in.l KUzabeth I^ughlln.
LYONS — On December 22. i;i l«>. at his residence.
No. Mi Dean M . P.rooklyn. Francis A. Lyon*,
son of th» late 1 '•!•■ ■- a! and Anna K. Lvcn*.
Funeral Saturday, December 21. at S:3* a. m.
MAOENHEUMER— On Friday. December 23. 1910.
at No. 1115*3 Greens ava.. Brooklyn. Barbara
M<mr.h«lm«r, la h«r Suis. year.
DIED.
MINOR -A- Markham, '"3 . r>-c»r»teT 28: !•>•.
Katb«ri3<» ■:<->■ <sa.nghter of ".* to* Dr.
James M. au4 Ellen Pierrepor.t Mlaor.
MITT- — F-I.T Deo-niber -"» " 1 t". Jotrm
Mitton. Funeral frnrn his Tare re«t<iaßc«. >'<•-
2-^7 at Mark's are.. Brooklyn, on Monday.
December 26. 1310. at 2 p. m.
ilOlß— Emily H- * 1-"^ of • ■•* ■■>'•• r '"t*i-
Motr. on nridar. December 23. 1910. to Ba*
-'■'•'-. year. Funeral ler M 11 - j - *"' -"•*
d-?nc<?. No. 42 Wasi sal St.. Wssj feel City. on
Monday, December 16. 1»1<\ at 10 a. in.
MONTGOMERT-At SSI IWSaISBSa >'->• Sl« East
"th M . Brooklyn. D»cemb*>r 21. Clarmcs Wio
iarn. heiovei hnsband of Ma A. M^tj-ji-—e
fa the sev«itj--««-ornI y»ar ef his »s»- F-.i=«r»J
ssnrassi t*mm the rast'i" of ills «t. OH
— z tier; . Nix COrt Wash»ns*r>n Park <COTi
h^rlan<i a*.>. Brooklyn. Friday even try. Deo«i»
ter 23. at M o' clock.
NERXBT— On Pecemb«- 31, !?"."» M!ciia«! J.
son of ih«^ lat» Bernard and r> ~^r m r »—»*■<■
Funeral from his .»'• r»«id<»nc!». v - i«» Pro»
p»ct Place. Brooklyn, on Saturday. D«cem&«r
" 24, at 10:3) o'clock.
XISBET— On Friday. De<--Tnb*r 23. Mary Ann*
I - -mst. «rff^ of the lat» William ¥ Xlsbet.
in rh- «2f! y«ir of her ;iii«> Fiin-»rsl #» r vl'^»
■will V* h-H at. her late residence. Ni V«
Weal End are., ■sssnssjr. D»r»Tnt*r 24. at
1:30 p. m. InfrmTit at Greenwood Onnstenr
at convi-nlenc* of family.
3DTJ3CRIK -On r>tir*lav. l>»-»rr.be- 22. 1310. »•
his res>tf»»n<-«-, No. 15 Ea«t S4tii " T - A I>ti^'^«r
N .". eldest son of Emily F. Nonie in" -?••
iat» Gordon Sorri*. Nottc* of rin-^r*! bsm
afti»r. It Is n»<;uestsd that no flowers be sent.
NOTES — At tin? Pr»sbyT>>r!an Hospital. N<r»
fork, on rw^rrih*- 22. Baas. Mary E. Xoyaa.
■widow si SSI BBM Jam** A. Noyes. c€ 9a>
Louis. Mo., In th» T^tl: year mt her a#a. F'a
-.---. services will be held at her i't<l»nge.
Haydenvill<», Mam -- Sail - '■•■ " - ■*~. I 3«rr 24.
at i p. m. Bo? Ton an.i N;rth Hampton. Mass..
papers pl<?a?e copy.
PARKER— On Thursday. I>«»ceTnb*r 22. I!>l<\
Eniellne S.. -wife -' -Sr^nvle' FarV^r. „-,! Id
•■•ar= Funeral ■* — leaa at '•— bm r»?H?nc».
No. 434 Park Plac». Brooklyn, on BBBSaSBS,
.. ,b<-r 24. at 3 p. m.
PORTER — On Thursday. I>r»mber 22: at th«»
rasMeno? of tT «cn-in-!aw. Professor H. B.
Cornwall. Princ-ton. N. J- Elizabeth Kali
Porter, in the {With year cf her as*. Faaera.l
iprivat»>. Saturtar tnorninr.
l EMETFRIF?
THE WOODLIWX CEXETEBT '
Is read ll- accessible by Harlem train rre>m
Grand Central Station. Webster and Jsrorrs*
avenue trolleys and by carriass. Lots $150 up.
Telephone 4955 Gramercy for Boose of Vlaira
or representative.
Office. -0 East 23d St.. Netr York CltT- -
VXDERTAKERS.
rB.l>R K. fAMPBEII.. 241-3 We* 3M St.
1 Chapels. Private Rooms, Private Aznbolaae**.
Tel. 1321 Chelsea.
MOM >TE>TS».
TOMBS. Send far Ills. -Booklst.
MO\rMKST«. Presbrey-Coyker.daU Cm-
MACi9OLEr3I9. 103 Broadway. N. T.
SPECIAL NOTICES.
NEW-YORK TKIBr>F.
Mail Sabarriptfons. including poatacc in
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eltr In China: >n?hai.
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DAILY AND !»r>DA\ TRIBCXE:
One Month.... S .70! Six Month* . . .S4.ee
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DAILY TRIBUNE:
On« Month » .30 | Six .Month* S3 US
Thrr« Month*,. 1.501 One Year •♦»
TKIBO'B FARMER:
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Forelffn »nbi*cr!ntl<»n« tn all rvomrln hi
the rniversal Postal Union, fß*-lu<itß«
postage.
DAI IT AM) *r>DAY TKIBrW:
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DAItY ONLY:
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9U>D.%Y: HS!
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FARMER:
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omcis.
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AMERICANS ABROAD will flnJ THf! TRIB
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The London office, cf THE TRIBUNE is • cc»
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