New-York tribune. [volume], November 23, 1912, Page 3, Image 3

About New-York tribune. [volume] (New York [N.Y.]) 1866-1924

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GIBSON'S DEFENCE
SHAKEN BY AnACK
Wife Weeps After State's Wit*
nesses Assail Testimony That
Lawyer Hoped Would Help
to Make Him Free.
BURIAL THEORY TOTTERS
Iwo Experts Try to Show Mrs.
Szabo Was Not Strangled,
but Their Evidence Is Weak
ened by Prosecutor-Case
May End on Monday.
[_"-?* a Staff 0*n**BWBd**)t of The Trlbun* 1
Go.?hen, N- Y. Nov. .2- -A BBBOB of beef
jnimersed in a solution o formaline was
produced in court to-day by the attorney*
for Burton W. Gibson tu prove that the
emhalming fluid, contatnlng formaline.
with which Mrs. Szabo's body was pre
- fnr burlal. mlght have brought
the rontorted condltions found in
her thr< at at the autopsy. said by expert?
?a.hsti concluslvfly that the woman
had been strangled to death.
Pr. Arthur S. Moore. a young expeft.
through whom the be*f w'mh lntroduced.
? cl for the defence that*" the forma?
line had oaused lt to snrlnk ftvc-slxteentha
of an inch.
?I wish to offer this piece of beef ln
f ^aid Robert H Klder. coun_el
for Qlbaoc
??Well.'' said Judge Tompkins. "you
mlght cive it to the Jury for lunch."
Under <ilre< t examlnation by Mr. Elder
Pr. Moore would not say that animai
tisrues generally contracted when forma?
line was lnjected into them. but that such
was frto.uer.tly the effect. ln a long hypo
thatlnal qoaatBBB he was then asked if the
condition found in the organs of Mr.
Bhaha'b throat could be duplicated ln a
dead body by mechanical niean..
Made "WinrJow" in Nack of Corpaa.
He r.plied ti*at lt could, saying that
0. ly ye.te.day he made what he desrribed
as a "window" in the back of the neck of
a dead person by removing the vertebra
and muscles. enabling him to observe the
throst organs. On nioving the body in
varicis dir-ctlon.?. he said. the tongue and
aplglOttla "flopped" la posltlons simllar to
V I desrrlbed in the autopsy of Mrs
Fzabo's throat. The handling of the wom?
an's ho'ly. he said. mlght have thrown
bar organs into that posltlon. and the em
balming wdild have flxed them there.
Isidor Wa.s?er\ogeU on cross-examina
tion. asked the wltn-*
"Do you know how many muscles thert
are in the throat? Do you know the
names of th. muscles attached to any
orpaiis ln the throat?"
"No. I do not," Dr. Moore replitd, after
a moment of hesitatlon.
"Do you niean to say that you. a doc?
tor of medicine. do not know the names
of anv musdes in the buman throat?'
Mr. TAasservogel ex.lalmcd, in astonith
ment
"I do not,'* the doctor replied.
At this polnt Mr. Elder took the wlt
BaQB an-i .ought to show that the doctor
knew something about human muscl.a by
at.king him, encouraglngly. lf he knew
row many muscles there are in the human
body.
No. I do not." replied the expert.
That is all." cried Mr. Wasservogel.
t'rowlng up hls arms. amtd 8 general
laugh. and the witness stepped down.
Upholda Burial Theory.
The other expert for the defeivc was
Dr. Henrj W. ("attcll. of Thiladelphla.
Mi I.lder s guidancc he testifled
? th? londitlon fpund in Mrs. Szabo'd
_ it have been caused by hand
. ind ? mcahning. aaaartlng also that
ondition oould not te produ.-ed
iu a living pBTSOa'a throat witho.it kav
itaraal Bwrfea.
Under crosa-examination Mr. YVatiser
vogel drew from him admissions that
? n?d the defeaea'a Medlcal avidaoca
? than did l>r. Moore's 11c
admi'H-d. ;imong other things. that he
kne-\ nothing about the Baabo case ex
wbal ha had heard and read
A' "iiife point Judge Tompkins him-tlt
: nid la the cxamination.
..i f t> II best,
? :. th' OB* *rh? makes an au
tb4 on* wha raada about it?''
i ... mi . ? mtopay," re
plie.l ?
Mr. Waaaervogal than ;i.-i.ed hnn if h'e
had tet-titied undei
, , ? ? ? mination, that the tongue couhi
' flop ' after death into the posltion bl
Whlch it w*s four.) in Mrs. mtftoofo
throat. The doctor quallBed his foi m<r
?.tatemerit b- aa* ing it <-ould not in that
fuifil all th< loriditions Mr. WOM
servogel alao dr. w from him the Htatc
nien'<- that h< was ignorant of some of
'om aaalaenl inedioal authorities on
culation and that. he did not bclieve
a petson could !?<? killed by Btrangllng
? ut lea*/l_f *xternal marks.
rlara fOM read many authorities on
HPHE popular standing
A of this Cigarette is
evinced by the fact that
more money is spent for
Fatimas than for any
other!
-> A plain package?so
-we can give you 20?at a
reasonable price?15c.
' 'Dtitlnctttly Indrwidaal''
0^y8-8V^^_^_. t/ar-M.a (St
20
stranxulation?" Mr Wasservojrel asked.
"Yes; I have read a great many," the
doetor replied.
"Have you read Hoffmann?'
"Yes."
"Don't you remember that Hoffmann
tells of the case of a girl who died from
stranguiitlon without leaving any marks
at all on the outside. of the throat?"
"Oh. yea. 1 had lorgottcn that.' Dr.
Cattell replied
"I agree with ,you- j ou have forgotten
a fcreat many thlngs. Uoodhy," Mr Waa*
strvogel said
Gibaon and Wifa Nervoua.
Throughout the examlnation of Dr t'at
tell Gibaon sat nervously tlngering hla
own throat, and as the value of his ex
pert'B testlmony apparently d?iprectated
hia face grew dark aiH ptralned. Ilis
wlfe sat elose bei-ide hlm. and at Uroex
ahe seemed hardly ablc to eantatfl B41
self, as she raaa*va4aa|y handlrd objecta
about her. More than onee she lcaned
heavily agalnst her husband an<1 aaaoetf
her elbow on his ahouldrr. apparently
whlsperinu words of encouragement.
After the dlsmissal of Dr. CatteU the
defenoe announeed that its eaat waa
doaed, wlth the rneairattOn 1hat one more
wltnesa misht ba raltad M<<nday for tho
purpose of tryinj< to Impeach the tcsti
mony of John S. Mlnturn. Jr;, tor the
prosecutlon.
t'pon this announcement the prosecu?
tlon openrd the rebuttai. ,The time taken
for the rebuttai eame near to aettlng h
record in cases of thla lmportance. and
one after another the strongest polnta
made by the defence scemlngly crumbled.
The tlrat wltness called by Mr. Wasser
vogel In rehuttal was Sheriff De Graw.
who, with Thomas Garrisou and others.
recovcred the woman's body from the
lake. Garrtson. testifying yeaterday for
the defence, told how, when the body
waa laid out on shore, he placed two four
Inch pieces of wo?>d behlnd the head,
bendlng the nc. k and throwing the chln
forward on the chrst. ln one of the most
dramatic lncldents of the trial, Gnrrison
had llluatrated Just what he had done,
uslng J. C Maher. a deteetive employei
by the prosecutlon, for this purpose. It
waa upon this blt of evldence that the
defence chlcfly rested ita contentlon that
the appearancjs of Mrangulatlon had
been caused by tba handllng of the body.
"Did 'Toni' Garrlson BT any one else
place blocka ot wood under Mrs. Siabo's
head, as he tcstlfied here in court yes?
terday?" Mr. *d asyervogel asked Do
Graw.
"He did not, and there were no blocks
placed under her head." De Graw replled
promptly.
"Was there blood oottng from her nose
and did Garrisen wlpc lt off. as he testi
fled?"
"He did not, and there was no blood
eaanhaf from her nose," the Sheriff an
swered.
Corroborate tha Sheriff.
Larkin and Fred Hazen. who were it.
the boat at the time of ihe recovery oi
the body. corrolxiiatcd De Graw. The
Sheriff also was used to discrcdlt the tes
tlmony of William G. Osgoodby. of I'omP
ton I'lalns, N. J., who had attempted to
impugn the >tateimnt:> of Minturn. On
cross-examlnation OsROodby had tcstined
that he knew Dc Graw and had talked
with him about the case. Da Graw de
nWd that he knew Osguodoy or had c\ei
talked wlth him.
Three witnesscs were used by the prose?
cutlon to iebut the testimony introduced
by the defence to show that Gibson bt
lieved that Mra. rizabo had a mother liv
ing in this country naiued Petronella
Mensi hik, whom she made the bcneflcl- j
ary of her wlll. One of these was George j
Teichmann. who produccd a letter he
wrote for Mra Szabo ahowlnK that she |
waa fully aware that h..r nvthcr had
died ln Vlenna.
Tha other witii(S::CS wtre Mr-. Veromca
Manarhlh, of No. Ul ataat u;tii street.
and her uaughtrr. Both te.-tlii<"; tha'.
Glb.-on had \hited them and liad vainly
trled td* pcrsuade tht moth.r that ahe
wa? Petronella Mcns. h;k Bnd was the
b*n.?iclaty of Mrs. BBBabw'a aill
Station Agent Hita Defance.
The tinal blOWfl werfl OHltN rod Ul tha
defence m case hy tiie 1. >i ii.icn . ol John
CreiRhton. t.tiou :-.ac'iit at OrvetnwoaaJ
l.akr. Harrj '-?"'* lawtlttad ? ati ratay
for Gibson lhal ht ??> >K the i; o'ctOCh
train 0B Jolf M, lh< *BJ "! Mra !****?'?
death. arrhing a' th. lai.. BbOUl -'o'.lock.
He waa conaMered tha rtraxigeet witness
r?,r the oAtenee, a? ha had taatlBed that
he had r>- "ti out i'i fl baal naar <;tbson
and had Baan rafrai and lha woman atand*
Injj up abonl four feet H|>art. Beth had
. ,i into lha " flU r app ircntljf roitm
tH- i,. :,a.i ald, Ihua ? ontraaMetlng
, ^.,) ;,,. ,.; - . ,.,.. . ii oa lhal ?;ibson
I t held of lha woman
i , - lawtlmony vraafattacheaj th'",?;n
BJtil in. WhO piodin-cd tinn tal.lrs show
Ing lhal tte rt ? re no Iralna t" On
: latka hy wW?b i*iux aoaM have
reached thara an. ? bt ra mar tba time h<
ua\- ii bla tesllmony.
rloaja io thr cattlng of \>r. caUall,
Ifidward < iark. a OOOb at the Qiwawwood
Laha Hatal, was put on lha stand by the
dafertoe. U' taatlned ,:-.'i i"1 ran otrt of
thr k:teh"n, where he was on duty about
I M<lock, and Jaaifaxd lata a boat, pad
dling out tor about t?.nt., f^et from th'
shore. Whlle thu i i,ta?rd, he said. he
saw Gihson and th> wotnaa in tba baal
at a dlstaner. They stood up. he -,.M.
rea.-hirg out ihcir banda as If thay wr
chang'ng seai . I nd Waflli dtill IBlfl w<re
tipp^o" out of the boal
/uaoag th. Bpactalera who Mi-d ibg
rourtroom lo-da\ W?T4 Bavaial woiumi
and four or flve alaffflBaa r,n'' ?' BhOBB
sai.! ba WOB from Nai York City.
At tha- ataaa ti ta-aJay'a Baaafon al court
JudRe TOBBPhhU aiuioiiiiced that h?
would adjouin th<? trial uitll Mond"
hr had to hold eoajrl el-ewlK-rr to-mor
:ow. Ifa alkawad the jtirora to ko to
th< ir boasaa, naotionlng Ibaoi aeainst dl
OUBBlBg tha <aae e\ en wlth iii^riibrra of
thelr own tanilb . ?r f--om raadhlg ikw>
r.a^.er flecoajata af lt. Tha eaaa win. it kt
expawtad, va to Ita Jury '?tr bloada]
attei noon.
After adjotirnmanl Mra. Gihson, whoao*
lompanled h<r hu-band lo liis ??"??'. broke
down and wept hHtarly Bl ? result of thr
weakenlng of the defence under rebuttai.
Court Makea Girl Stand Up.
During the rebuttai Mr. Klder made a
dramatic atten.pt to iBIROfn the methoda
of the proae^ution In working up ita case,
Sheriff De Graw was on the stand. and
Elder polnted theatrieally tO the seats rr
served for wltnessea, asklng hlm if ba
knew a young woman slttlnu there with
a white plume on her hat. This waa Miss
Jsabel Rocchletti, of Nutley. S. J.. who
lt had been excepted would be calhd by
the prose.utlon lo testlfy ihat she sgw a
uiaik 00 Mrs. Szabos throat when she
was taken out of the water. VVTicn De
(.raw said he knew Mlas Rocchletti the
? ourt asked her to staiiu up.
"ia It not true." aaid Klder, "that you
were sitting besldt her a while ago and
told her to he sure to say when she went
on the atand that she saw tho mark on
the dead woman'a throat?'
"It la not true," De Graw tairly
ahouted.
Afterward Mias Rocchletti declared that
Mr. Elder's act In making her atand up
waa "rneraly B trlck In a dciperate effort
to aave a fast faiUng defanc?."
Bl HYDE COUKSEL
Contend Robin Owed Carnegie
Trust $230,000 When He Said
. He Was Forced to Lend ,
$130,000.
SLOW PROGRESS AT TRIAL
Justice Goff Declares Proceed
ings Must End Before Thanks
giving, if It Takes Night
Sessions to Do It.
Max D. Steuer. counsel for Tharlen
H Hyde, former City I'hamberlaln.
continued yesterday nv.rnlng his cross
fxamination of Joseph Q, Robin. And
In the coursc of hls questions he in
dicated what wlll prove to he one of
the main contentions of the defence?
that Robin indivldually owed the Car?
negie Trust Company on call $230,000
at the tlme. lt ls charged. Hyde coerced
him Into iending the trust company
J 130,000, and that it wa* In part pay?
ment of this debt. or rather, in return
for thls accoinmodation. that he had
the Northern Bank advance the trust
company the money speclfied in the
Indictment
"ls it not a fact,'' asked Steuer. "that
by demanding payment of $130,000 on
account of your demand loan* of $230,
000 in the Carnegle Tnist Company that
Cuinmlna and Relohmann could have
got the money needed wlthout taklng
you down to Hyde's office and havlng
you threatened Into making the loan?"
The objection of Asststant Distrlct
Attorney Krank Moss to this question
was sustained by Justice. Coff. so
Steuer trled thls:
"Was any suggestion mad^tn you on
August 2.', isin, hy elther Cumrnins or
Rel.hmaim lhat by paying off $130,000
of the money ;vou then owed the Car?
negie Trurt Company in demand loans
that you might relicve the situ-tion'.'"
"No," replied Robin.
"Did you say anything about repay
ing the loans?-'
Offered to Pay If Paid.
"1 believc 1 offered to pay off my
1 entire indehtedness lf Rrirhmann and
! Cumrnins would pay off their entlre in
d.btcdness to the Northern Bank.''
It was brought out that Wllllam J.
i'umn.in>', chief stockholder ol the Car
negl. Trust Company. and Jos.ph B.
! Roichmann, tt. president at the tlme.
had sigr.cd I1M.BBB t.. $11)0.000 worth
I of papcr held l.y the Northern Bank. lt
is the proBBcvUon'a cewtentlqa that
these men took Robin. who controlled
the Northern Bank. down to Hyd-'
Wall street nfnee on the evening of'
August 22. 1910. and that there Hyde
coorced Robin Into Iending the totter
ing Carnegie Trust $130,000 by thrrat
ening tr wlthdra ? all th? ,lty depo.lts
from the Northern Rank and by prom
Istng to Inerease tln; same lf the deal
went through.
In turther elaooration of tlus llne of
intcrrogatlon Mr Steuer turnid then to
Rohln's dlr.'.t trstlmony Wednesday
th.it in Septen.ber he had gone to se
H; de at the Cltj i hamberlaln's oftl. e,
No. 2*0 Broadwav, and had there c-om
plaltied to him that Ihe .Ity d-posits
in the Nortlien. Bai.k had not baan in
vr.ased in BCCOt?BBCB wHh the alleged
$K10,000 loan agrecincnt.
Lawyer Tne? to Trip Robm.
When you want to Mr. Hyde in
September, I believc you said you had
a iclter of introduction to him. didn't
you?'' arked the lawycr, in his smooth
aat tonee.
' So," BBBWefCd Robin I had 8
card."
A rard of Intreductton?"
"Not of introdu.'tion. it"
"Ah. >ou made a _llp there.''
' l.et me hnish iny lnswer," pursued
Robin wMh Hs flr.t show of irritatlon.
? The v.'.rd.-i card and introdu. tlonwmt
tcajethe. naturally in ny mimi. it was
a card eaaoaaandtag me te ins fa,\or.
not a <';<rd of introduction.''
"So. Whet) you went to ste Mr llde,
after hav ing done him this grcut favor
in the matter of a loan to the Carnegie
Trust Company. you ftrst _upplled your
?elf with a card commending you to hls
favor?'"
"Ycs."
Steuer then had Robin tell the Jury
lhai the note which the Northern Bank
recelved from thr i arnegle Trupt Com?
pany iu return for the loan of $1._O,O0i.
made on August _o, 1010, was surren
dered on August 81; that the Northern
Rank cntcred into an agreement wlth
the Carnegie Trust Company on the
latter date by WhfcV.i the loan was made
to appear on the books as the purcha_e
nt .ertaln notes made to the Carnegie
Trust Company by Presldent Mareus of
the Public Bank. It was thls conver
slon which led to t_M .onvictlon of
Reichmann OB B ? liargc of decelving
thr State Snperintendcnt of Banklng
with rcgard to the condition of his
bank
Then the lawyer sprang this ques?
tion:
"When you were ln Hyde's oftice un
August 22 did you lntcnd to nrlbe
him?"
But Justice Goff sustained the objec?
tion to an answer. Steuer took another
tack.
?-Have you been senfenccd, Mr.
Robin,'' he asked, "on your plea of
fuilty of grand larceny?"
??No."
"Was not your sister, Dr. I.ouise
Roblnovitch, under indictment when
you made your plea?"
Moss'* Objection Sustained.
.l.v.c- coun.'-cl refcrred to the indi.-t
ment for perjury returned agalnjst the
wttttaflB'B slbter on the strcngth of her
aftiditvit to tlie Supreme Court that
their paretlta were tn Russia and she
was the next M kin and only heir of
her brother. The Indictment was re?
turned after brother and sister had re
pudiated Mr. and Mrs. HermBn Rablno
vltcn, of TVllllamaburg, who had
clatnKd tbem n* their chlldren. Mo??'*
HYDKS ACCUSER AND MAN WHO CLAIMS HIM AS S0N.
MKRMAN PABINOVITCII.
obj>rtion to thia question, however, was
su^tained.
"Was lt," persisted Steuer. "a eondl
tion of your plea that tho indictment
I against your sister be dismlsscd?"
The objectioii to this was austained
also, as was the objectioii to the fol
lowing question:
"On January 31. 1?11, were you
aaiie'."
"Did you make an arrangement or
suggest t?> \ our sister, or did she sug
gest to you," asked the lawser. "that
she should make a petilion to the Su
preme c'ourt to ha\e you idjudged in
Baiie?"
"No."
In his next "question concernlng the
wltness's knowlrdge of the suhmtsBlon
of sucii h petltlon by his aister to the
Kupreme Court, Hteuer did not fail to
biing otfl that lt was to Justice Goff
himself that the petltion was made, al
though Justlce QaMI would not permit
an answer to the qurstinn. Tlicn
Steuer aske.l.
"In January. 1911, when vou were
still undrr indictment and before >ou
had interpol.ited any plea, did you be
Bevg thal then was a general scheinc
In whlch Judge Whitman, the District
Attorney. had a part. to ruin you and
all your inatltutiotts because of the
Hght you had made against Morgan
and the Standard nil interests'.'"
< ihjei ti?n snstaincd.
Justi'* Goff jxclud. d lurther ques
tiobs touchlng on tlu witness's BBBlty
or panntage. and n-fiiM-d to permit
counsel fur the defi tl'-c tO CaU tlie agi d
Flaldnovili li COUftla for OUrpOOta "f
identiflcatioii. Woob, on the rodlract,
howovar, araa BBowod t" bring oal that
lt was the laws of Ruasia whn-h Rohin
feared if ln resealed ln>- rOBl name.
City's "Balancea" Exceeded Bond.
Thdra waa one other point ol m.
porta'n- broiight out by Steu< r, and
that was Ul regard to tiie dally "bal
aie > l ot dtj nioney reposlng ln the
North. rn llank'd \aulfs. Robm had
t.stlh'd nA ha<i asked Hyde how the
l.it'.-r could OBSTJ out his alleged prOBB*
ise i nm . rnliig Increased dtj <1. posits
when th, Nulh.rn Bank s t.oi.d was
t.,r |laa\aaa) only. Btaaar asked the
witness if bfl didn't know that during
the .1 iir" Bpring and Btiniaer ajravlooa
|0 'hi;- reinark thr dally city deposlts
ln the .\..rtherit Bank contlnually had
run 04 er this .iiiimiiii Itohm said he
did not.
In the afternoon however. Assistant
District Attorney John Kirklaml "lark
read into the record the llgures in the
hank's ledger on this very point ThOj
were show n to average above the '
amount of the bond. though not mu> h
above It untll after Robin's second \isit
to Hyde, in Sept'-mher. when lie COBV
plained that the deposlts had not born
Incrcased. ln October they averaged
around .*.'5<M?,<**'. going ev?n hlgher in
November.
Other wltnesses yesterday wrre Wlll?
lam \. Rro er. former vice-jm-sidcnt of
the North'rn Bank; "Frcd" E. Gold
mann. assistant manager of the Tre
mont braach af tha Northern Bank,
and lienr: j Waloh, Doputy Ch
Chainberiain Thelr prteetpal fob a/ai
that of ldentir\lng . xhillts. IboUcO
Coff told cOUBOal tha' the trial BBUBt j
end before Thanksgh Ing it it took I
night gaaaaoaa lo do it. it win i.n i
tinued to-day
BECKER NEIGHBOR IN COURT
Man from Death House Found
ex-Licutenant Friendly.
.Io: eph .T. M< Kriuia. OOBVtatOal of the
murder of Slgrid Kckstmm, a BlT yaar BM
girl. last J'jih. in TMe Mroii-.. pjat brought
to the Suprenie i ourt yootaralay from sjlng
Sing on a wnt Of h.it.vas <orpus ohtalned
by his a1iorne\ io t'dt the hnfBJtty
of his con\l?ti"ii lt was the contantJon
of hla counsel that th" 'ourt of G> m-ral
loaafoaa baal no jnijadlclleB baaoaaa the
Leglslature iiad < reatcd the t'ounty of
Tho. Bronx and that McK'-nna's erbaa
having been commltted there he should
have b. cn tiled In tho n.w OBBBtJ
Mi'K. nn.i lOttnoi to aajay tiie hrlef r>
splte fiom his life in tha death house at
Pinc sing. Ur- said ho aacoplad a ceii
adjolnlng that of I.leutenant rharbs
Becker, oaaytcted of thr naprajer of Har*
man Rosenthal. and struck 0P rjVttB *
frh udshlp wilh his new n? Ighbor.
j/vaUca BaalBjay res-Tv.'d darioton, and
Iti the mean tlme MeK'-nna wlll ramaln in
the Tomb*.
CHANOE IN LIBEL SUIT
Editor's Attack on Oolonel Only Vio
lation of Ordinance at Most.
Marnuette. Mich , Nov. ZJ -The trial of
George A. Newitt, cdltor and publlaher,
of Tshpcmlng, charged with crliniual llbcl
on eomplalnt of t'olonel Tlv odorc Koose
velt. will tak<: plaije ln a Justlce court
In this city Instead of In the clrcuit
court. -Tht- date tixed Is Noveuii?.r gf,
This new turn in the proieedlngs Is a
lesult of an error In consid.rlng crlni
liial lilnl i inisdemeanor under the com?
mon law, B'hareaa it is roaraly tin vioia
tioii of an ordinant-e, th? maxjraum pan*
altv fot whleh la a tln. of JlOo, or Im
pnaonment for ninety days. A case of
tba kiml can ba trlad only ln j'lstlc- court.
from whlch, hotVever. an BPpaal to clr
cult court can be tak.r, The action ln
holdlng the iWcndant for trial in the
hlgher trlbunal waa <iuashed to-day.
Thla caae ia dlstlnct irom tln- pjvll pro
ceedlnga riled agalnst Mr. Newitt ln he
half of Colonel Rooaevejt. and ln whlch
damages In the eum of J10.000 are asked.
The trial of thla sult wlll be ln eircult
?yOUrt
JOBKPU Q, KuBl.V
uunwr fur
'nntlniied from flrst p-8?.
close of the Hyde trlal. before Sullivan'S
ca*e oOOld be placed on the cal.inlar.
Tha aaochy littie ehauflfear prajriatod an
anpearame Ib BOOri Ifl strikinc ontrast
to that of the four Informers. Reae, Weh
er. Vallon and Schepps. who were re
leaxerl on Thur.-da\ lle >\as l.rounht
down from tha Wooi Bafle prlaoa and ar*
raiKneri before Justice <;ofr just before
the apentng of th* afternoon ataelon ;it
the fl-. de trial. DeteettTB "Al" Thotna*.
of tha Distri. t Attorney'* oflce. brouchl
Shapiro into cOUli Bltd BtOOd flrltb the
pm-onfr at tha aama bau where th* four
jrunm^n were nhed i p te beef th* verdlel j
of the fury irhlch eonrlcted then-. of the
tnurdei nf Heeanthel Shapiio nrora al
Beady <iark >uit. arltb .. iraj aweeter deea
Bttlng aboot bla throat, anci cairled .11
Sollcd brnwii I A- ]>., Innked p.il.> ;incl
ha?>-ard.
Whitman Asks for Discharqe.
r?i.-tri. t Attorne) Whitman mor/ed thal
the prlaoner ba Blseharsed on his own
rocot*nlsance. He told the eourt thal bH
the ln'..rmation In tln poeeaflelOII Of the
r>i-tr 1.1 Attorney in ri pard te Bhapire
wa* not BOtBdcnt eirlde'nce lo warranl
tr\iiii- th. defendant for murder. After
looktng "vi r th. Indlctmam agal
ebauffeur Juatic* Gofl ".1 itrd Mr. Whu
niaii'* molimi. Shaplru smil.'.I hls sr.iti
tu.ie atnl walhed oul of tha courtroom
with Petecthri Thomaa He went dlrect)
to tha eeaea <>f Mr RuMn, rvputy At>
.istaiit r*i*?trt.-t Attorne. ahere bla a-.-d
mother waa waltlnB i?r blm. h. denie.)
that he was going; to Ichvo th.- clty. as
it had been r.'i?o'tc.i hi Intended dotng.
1 am not afr_ld >>f h. IBB mo|e?t.d hv
frleada af the gunmen tor testifying
agalnat them," he sai.i "i latand t.? i_-o
ba.-k 10 ni>' old work. aiul Blr*ad| have a
place a* ebauffeur tor a man. I ehall '?
hack at th. oM atand at the CaM Botde*
vard. where I.lhby an.l I k^pt our 1 .cr
i^f.im tb* murder I expeet to al I
w-ork then- Monda* 1 ahall llvi quletly
with my mother .u har hotn> "
Bhapire aahed hia mother to leavi tha
fjrlmtrml Coerfa Bulldlng before h< did
in oi?*% tn ;i\n!.i unpleeaanl notorlety
f..r ber. Bhi daparted, n. iralted for
him h' ihe corner of Franhlln and i.a
tmi .-tt.. rtroi ta m bi tln I Ildlni
ptro'a lac* and nffura m 1 nol ?>? a otl '.
known aa th...- m aom* af th. oth* ait
aaaaaa al the gunmen'* trlal, ..r:>i h<
iHpped out of th. ;'Uiidiiu* aitboul 1
oboanred H< folned bla mother, and they
walked to ber hoflM ln RralnStOfl Btreet
' _aB?" Hrh. ppg wa;i th. on!) ..... ,.f th ?
Buartet of Informars who wera n
frmii the W, <t Hld.- court prtflOB 00
Thurede) te leave town yeeCerdaj Ac?
cording to hls COUnetl, ll.riMid H. Band*
1.1. Beheppfl start. .1 for Hot Bprlnga
... iptti thi wamlng hd bad recelved from
Ifayer BVatei ? af that dtj thal tn wa*
not wanti .1 th<..
"Bald Jach" it" a ?l*iti d Mr
ofn.*. j aeterda) 1.in 11
w;i.< Btrfferlng from ? sefen attuck ol
ui rr.it. 1 s..r. thieal 11* la in l
of a throat Bpeclallai and may i; ? cob*
Bned to his ttom* for aeveral da Roei
will ro t<> Kioiichi for .. brtel real after
he jrets well, nnd BXP*CU to i.niln and
Uva Ifl thla etl ?
Juatlee i;..ff reoei* od ,-, 1. tt
?tgnad h" th* hirot 1 h.nt Icti ? ; tba
fi.ui gunmen for tbe niurdi r of Rd*< nthal
remmendtng Captaln Ljrach nnd ih<- court
attendanta for tha courteou* treatment
Ihe) reoetred at their baada at tha Mur.
ray 4M! Hot. 1 during the trlal
The questlon haa arlsen a. to .cnv the
M*te could mHk" ..nt hta caa< aga
Cbarlea Beehar and the tour gunmen. in
tha event that the < otr hted men ;,ot new
trlala on appeal ;i!i<i tba (our *tat. wit
ReeOt Vallon, Weber aad Bcheppe,
should not b.- availahle al the time. Mr.
wiiii'uan sHid yaeterdai tbal ha araa con
Bdenl ihe f i.tr Informera would he avail
ahii if they were needed for naw triais.
BECKER WITNESSES FREED
Jersey Authorities Dismiss In
dictments, Against Lubins.
Iforrla and ia "h i.ubin. the brothora
Bbe wera taken from tba Newark j?n
BBCBd time a?o to testifv at the trlal'of
Lieutenant f'harles Be( |<er. and who were
subsequently returned here, wer* tread
\esterdav by Prowecutor Mott.
T11 vlew of the servlces thec- had ren
<\trcr\ th- New York authorlii. s. he de
cided to have th. indictment* agalnai
th.iii d-tmlBBad. Judge Ifartln granted
hls BBOttoi and th. l.ubin.-. wn; fr*i
OSTRACISM FOR GUN SELLER
Judge Foster Says It W -uld be In
voked if He had His Way.
ln sentencing Thema* Rltto 10 BOVOB
yeara In Sing Slng Cor Oarrylng a re?
volver as 1 aaooa 1 offenee, .iuii_e Poater,
in Qeneral HeBBtona aaM yeetarday that
the man who pold a. revolv. 1 w.is no
more rOBBeCtaMa than tha man who oai
ried lt.
"No 'gun tuter' is a reapoctablc per
son," aald Ju.lge lost. r, "aml if I had my
way no gun -eller would he t respeetable
person elther. Thcwe merchanta on Broad?
way who aell plstola would be UBtfOClBBd
by decent aociety lf I had anythlng to
say about lt"
IN FEAR OF
Head of C. & 0. Says All indus
try Must Stand by Railroads.
DANGER OF MONOPOLY
Public Attention Centred on
Great Power Exercised by
Ooncentration of Capital.
Waldorf Speaker Says.
Krank Trumbull. cha.rman of thr- board
of directors of the ChcMpeake ? Ohlo
Railway <'ompan>. sounded tlu ka*/BOte
of Industrial progiess an.l 'sunllght" in ;
"big buslne:m ' last night at tlie lirst an?
nual dlnnef of tiu (nveatment Baakera'
Association of America. Mis nie> az*
was especially suited to the bjnd of men
before him who had started their nvgani
lattaa only three months ago. It tetBMd
with pi'OgraBBlvblBI and gBTB assiirancc
that the near future would Bea lirnil
tablish d the prlnciples thal Ibfl BBfloclfl
tlon was tightfng for. ih- ihrust up the
spectre of BOClalbBBI.
"I^et us look forward, noi baefcward,
said Mr. Trumbull, "and let ue atee a tett*
scope at least part. of tlie time and not a
mleroscope all of the time. Pubtletty is
the order of the day and we have found
over and over again that freeb air and
light cure many of tlie Ills that afflirt
us." He continued
.1 hope you wlll think nn aloecfa in
aaylrag that it la fortanate thal just at
this parlOd your association waa fortned
People ara tblnklng on all theae mattena.
and when we say people we must not tor
K?'t that most of than* are weat of the
HuaSaon Rver and that one-half of them
are west ol lndiana. As Oeorge Kltch
said about the West: "They w.ai last
year's fashions. read this rear'a boobx
and originatc next >far's ponclea Reana
latlon is in the air. Many are aablBg, ]
what form shall It take?
There are those who say Iu a light- |
hearted way that tba railroads having
had the naeaelen and tba mumpo; they j
are now to bn passed along to the indu;
triala, But, my frlends. none of u* can
be complacent about flocb fl statement
as thnt If it is a fact The evolutloii I i
am referrlng to this e\??ning haa baan a
palnful proceea, bj every et*olutlonnry I
proccss alwaya Ib and must be The]
railroad Byetema of this country aie in j
many reapecta aaaentlally a unit. lt is j
also true thal the railroads and the other
Induatrlala In this conntry are a unit
for weal or waa. They are so linke.i to j
gether that we caanot injure one with
out injuring the other.
Some v^ry wise railroad ntan predict I
that WB shall In a few years have gov.-rn- j
niental ownerahtp of railroads. They |
think there ls no other logical way out. j
Mr. Aeworth. B dlstlnguished l-Jnglish
WTtter on railway economlca, who l
host of frlends and admin-rs ln this coun?
try and who wrttea dutpaaelonately be
cause of hla detached point of view, BXJ s
that we are nearer covernmental ow n
ershlp of railroads than most people ex
p. .t
ln Fear of Socialism.
Whether you beli.ve that OT not. no
one can deny that mere regulation doefl
not aatJafy everybody, and you may rely
on anotiier thlng. namely, that If the
rallroada of thla country are erer ptir
rhaBcd by the government tlual act will
t.r foliowed Itaeritably by tha natlonalla
ing of other Induatrlaa whlcb are thouglu
to deal with th. naceaaarlea of life. The
temper of our people is not bospitabl. a.s
yet to such BUBjaeaUona, but If regulation
f.dls they will be mON rtady io enter*
t.iln alternatlve suggestions. notwith
staliding the great metiaCC to business
and the stlll oeeper perii to repuWican
lnstitutions which governmental own.i
Bhtp would tnvolvr.
Mr. Trumbull next took up the atiti
trust law and said that while it had been I
mmh abajsed that it was betnc'eJartAed
from month to month and that tbara was
lOBB talk again-t lt. ff< lontinucd:
All of ub know that hundnds of thou
BBnda of comblnatlonB would bavi neen
formed II it iia.i not been for the .inti
truat law and for the pataaecutlona un
der lt If tiii-i. wen aa aoti-truat law,
th-- movement towaard atate aociadlara
would ba much acceleratad. VV'e m'uat not
forp.t tii.it the s...i.iiist conaidera tbe
great combin r the best agent and aa>
celeratoi of his iii.-ori. -. Tbe ant1-truet|
law prohlbits two thlnga whleh, II I at,
all underatand th? temper >>: thi Am. ri
i ,,n people, they are Btlll det< rmlned to '.
avold. to v.it. prlvate monopolj and ro- ,
atralnt of traoV."
Samuel ii I'unn, etlttor ef ??'\'\\r rtali-|
way JafjB Oaaetta." was the next spcuker
introduce.l by the toastmaster, L 15.
KYanklin. Mr. Ounn's thenie was "Tho
Hallro.'.l MtUatJoa in the t\>sl." and he
called attenttOTJ to the fact that th* W.-t
? rn group -?! railways was tha 'arirest la
ihe Unlted Bfataa ln patol af teiajtb aad
territory cmrered
This section. IOO, hfl snd. was th^ "in
whi^h was naablraj ihe raoart raptd mdue
trlal and aerlcultural progiess, and lt J
<\a^ ibareTore to b< expx et< d thal
rallwaya Ib i ' '?'"'
. rj would ba bo rapidly Int
to ra -uit in a vioi< nt paati
i letaati Imfaatr tlu lr i arairtg i b
l ,. ,.\ \it Lhi Bgurea Bhowad, ba main
talned, that tbara wara Butaataatbal o'
. unea !a tha total oporatlrag rerenue al
iiic.,e roada In both taa ItecBl yeara al
I'.n ami Ifll H? ' ? kj I al ihb all ??
uon was daa U a teanporary de.-iin.- m
traffae, radortloo Ib laus. bicreaae tn
warr.-s and to publlc reoulremente for
coatly Itacraaara ??u<i Irraproxaraenta In
aervtca
Th'.- fact that more than six hundred
attundod the lirst dlnnar oi the aaaoela*
tlon was aaptcMllj Blaaaliai to th.; eom-l
n.itfe mi arrancamentB. The praw at ? ol
Mortlmer L s.-hiff, Jamea ?; Camton,j
AlexanaJar J. licnipiuii and oilaara groml*
ii, ;it in the tlnanclal WOTld WaB B BO BTOtl*
fylna and ra tba opinion ol Mr. Praaklla
flugured waB for the futun ol Um asso
, latlon
Investment Bankers Hear Leg
islation ls Unsatisfactory Now.
TOO MUCH PATERNALISM
Association in First Convention
Bars Use of Name by Mem?
bers on Letter-Heads.
Blue afcy leglalatloa and the que*tlon *?
io whether the members should be el
lowed to uaa l.ttei-heads bearlng the
nam? of th< association w er* the prln
. ipal mattara Jlscussed yesterday at tb*
first annual COflVenttOU of the InveBtment
Bankera* Aaecclatton of Amerlea, at th*
Vfalderf Itta situatlon in the varieu*
states ,!> regarda the folne sky law* waa
eatarud in njti address hy Warren S Ha."
cjen, of i levetand, and the convent'on de
? Ided to flve Iti -ommlttee on lerlslatlen
BUthorlty to fratm a law embedyhBB Mr.
HayBeB'a viawa on the auhjeet He de
elared the Kaaeaa law was unsatiafae
tory
The .(iiesiKn ->s to the u?e of assocla
tfofl letter-heeda by the members was not
: disposed of untll about twenty delegatea
h ol expreaacd their ide.s as to the ad
i vhmhfHt) of the propaaed plan. it waa
flnalty unanlmoualy agread that for the
prcs. nt ;?' 'east it would be unwise for
! tiie members to use the association name
in their hu-iness enmmuntcattona.
The convention was called to order by
tbe preaMent, t'^orge B. t'-tldwell. of Chi?
cago. ifnd It was found that 3m) d'legates
frO_B all parts of th. country were pres?
ent Mr. i'aidwell. in a brlef addre**,
I called ;<tt*ntion to the rapidlty of growth
[ the assoelation had cxperleneed since lt*
organlzatlon three months ago. In ei
plaininu the pnrposes of the a.sociatioa
he said:
"Wc have been widely ad.ertlsed aa or
ganized to tight get-rtch-qulck sChemea.
While thls is a worthy object. it is, how?
ever, in< idcntal to the fleld of usefulnei*.
i we hope to occupy. We are not expectlng
to pubthm a hlaokll'i nor to act in an *d
vlsory capadty on questions as to what
the Inreetor should or should not boy.
Th^ IndlfMual bousae must continue te
do thls work. The furthest that we can
gO bl tirst to keep our nrmibershlp of the
Ibigbeet charaeter and our own akirts
eleaa and to glve such moral and actlre
' anpport iti rooting out of the fleld aueh
Iget-rich-qui k schemes as our meana-of
| investigation may warrant."
i Mr. Hayil.n in his address Mrat out
linod the teaning of the term "blue aky
leglslatfon" as almlng to destroy the BOflB*
aaaa of those who sell traudulent Or
otherwise non-meritorious securlU**.
J Probably the expresslon "blue sky'' la
I u-ed, he said. because- the makera of bad
| securltics are concelved as capttall-lng
the blue sky and selling shares ther*ln.
j He conitnued:
! "Any blue sky law follows one of t*o
tbeorlea, whooa oppoaltkm in principle la
[as ..Li aa r*preaentatl~a government. aad
(i- eepedally EamlMer to American-' in
these llmod These opposlng prlnclpl*!'
I are patcrnali.m and democracy. ln th<*
prOBCBt BPPllcarJen one would make gor
1 ernment legufale buslness by par.alng jn
advance on the meilts of concretc trana
actlons?the other by ponlshing trant
gr, s-lou of a prcscrlbed general rule."
Kaii3.cs is the only state. Mr. Haydfn
aald, te ha\ e in force a blue sky law, and
this niea.sure, ba malntalned, was of the
pat.rnalisti- typc and unsatisfactorj. He
went on:
"I thought I knew what the Kaneas
law meant. but wishiug to be sure I ?*nt
to Topeka a typkal general circular of a
well aatahllahed bond house and aeked
whether tha bonda deacrlbed thereta wer*
within tho punrtew of the blue sky la?
The Banhtng Department replled thet
tneaa a_curl_ea could not lawfully be gBM
ln Kansas wlthout the department's ad
? approval. Boene hou.es have -a*
manj aa two hundred i?su-s repreaented
on tli.ir llaU As to .ach of these IsBUfs.
except doBBCBtk munlcipals, advance sub
mlaeaon of data and approval thereof
would he neceasary. The factor of delay
mu.'t ba consider.-d."
Mr Hay.leu said his own State ef Ohlo
was trytng to aohra tha question by brtng
Ing the clemocrati.: prlncipie into play.
Th-' etami nta of a fair and Juet meaaur*.
he declared, arould be the lictmstng of the.
dlalrlhutera ot aecurttlea. the publldty ef
data reuittvc f-> the merits ot securltl**
an.l the penaltle* for freud or other un
law ful conduct
PULLMAN CAR QUARA5TI-OT
Thrc- Passcngers Unwilling To Be
Vaccinated Must Remain a Month.
I istle Boeh, Col.. Nov 2.'.-The quaraa
tlli, whlch held nmc passengere h*r*
. m,.. . i aterday when the Pullman ca*.
in whleh amalleoa was found, waa ?r
Idered cul ofl a Banta F> traln, haa been
lengthened tao weaha, Unleea Mr. and
Ifra w ' stilgehourr and their ?on. ef
Angelee, aubmlt to vaceination h7
I the Coiorado itate health authoritlea
thay wlll bar* te reaaata four weeks.
When the health authoritlea arrlved
! here to-day they found Mx of the pa*
[aengera wllllng to bo vaccinated, and*
i retoaeed. The family
from Loa Angdea declared they would
prefer ? four weeha1 quarantlne to hg\
j big 'mor* botaa <:ug ba the'r arms." for
1 each on* had baen vaccinated.
Bell and Wing
By FREDER1CK FANNINQ AYER
Abj.or.lng, astoundinjj, insptring, batlllng.?London Aiademi/.
Powor Blld origlnallty.?Cork ?Lsamincr.
A great uork.--_fo.foH Jerald.
Marks of gentiis constantiy.?Troy Wvord.
X uoaltli of ideas.?Boston .>_/?__/?_>/.
Onulne aspiration and power.?Occnlt Rcvicw, England.
Near the stars.?I'ortland Oregonian.
Aistounding fertility.?Brooklyn Ttme$.
A strlklng book of verse.?Bonton Post. R
Q. P. PUTNAM'S SONS, PubHshers, N. Y. Prke $2.50
Vu-- .t*
KRAKAUER
A veiy special reduction o? $100.00 will be made on all disconrinued
styles while they last.
Call and avail yourself of this rare opportunity.
New Piauos-SPECIAL.... from $200.00 l pwards
Playcr Pianos .$380.00
Easy Payments. ?
MAIN WAREROOMS: 17 East 14th Streef
Brooklyn. 350 Livingston St Bronx. Cypress Ave.. 136th to 137th St '