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on th? stand in that p
had had an opportunity bar. he became convln ?tory **ms of vital impc state, provided she could to tell th? whole truth, th? girl would tell the uninfluenced. She wa? served with and taken to Mine?la li only to get her ?way fn in Freeoort. C?lia ?at quietly In th? toraey's otnre while ?he to go before th? grand jt not seem to be nervous, fc not question her. As ?001 ors hnd returned from th? Mr. Smith took the girt in jory room. It is no secret here that a skeptical audience. Th? ?m had read Celia's testi? Coroner Norton, th? a vetted for Mrs. Carman's i they knew of the charges hatf made of "kidnapping.* "?"he rirl had not been 4|?t?Cd. however, before ev? was hanping on her won feelirg of hostility. The Tr respondent is reliably?.told peared. The girl told her *?.r. Smith's qu?et questii straight forward way. The be<*ame oonvini'cd that she doing her best to tell the ti Telia Her Own Sto Mr. Smith, realizing his o had been called into quest charges of "kidnapping" an up." was careful to let Cel ??loiy in her own way wit questioning as possible. It . that the District Attorney c this witness a single "lea. tionM dur;ng her entire ex The girl was not a reluctai neither did she appear over till her story. Celia told of preparing ai ?tinner for the Carman housei day night. June 30. She toi far iily dispersed after the said that Dr. Carman went it fier, to attend to the patients then sitting in his waiting ihrse details her story had i in %ny material point from tr toll at the inquest. Then she said that Mrs, w? it upstairs to her own roo thought. The witness ?aid si went into the kitchen after the supper dishes. The meat of the story came District Attorney, after whether she had heard the st shot, and receiving her affirm swer. asked this question: "D;d you see any one come Vitehen " immediately after y? that shot7" Cell? told the grand jury t Carman entered the kitchen rear entrance almost imm?diat she heard the sound of the si maid said Mrs. Carman stop talked to her for a moment gave her some instructions a went upstairs. At this point the jurors inti the witness with sharp questic can be s?id on the best author the cro*s-exa.nining by the ju not confuse the girl. She i ?hange her story In any impor tail, and the jurors sat back t to the rest of her story. Celia, according to The Tribu formants, told the jurors tha Mrs. Carman entered the kite! did not have a revo'ver in her h After Mrs. Carman's conv? with her, the subject of which known, the maid, she testified, ? her room and went to bed. It is understood that Celia t grand jury at length how she ha to sign tho affidavit which Geo Levy prepared and asked her t She also said that she had not to go back to Freeport last Thi when she was taken in the car prosecution's detectives, and th did not want to go back again Carman home. Aiter the frirl had finished hex she was taken quietly from the house under the escort which hi her there. To-night her wherei ?re known only to the officials, can reach her at a moment's no ('?lia's story overshadowed al to-day. It is the one subject o cussion and speculation on Lon and to-night. Carman Telia Old Story. Next, to her in importance as i ness was Dr. Kdwin Carman. Hi the second witness to be called. night Mr. Smith chang?d bis About requesting the physician to a waiver of immunity. He had li further into the law and bad rei ihe conclusion that Dr. .Carman \ gain no immunity for himself by fying in n case which involve charge against him. It took an hour and a quartei the physician to give his htory t? iurors. It is understood to-night be made no amplification. He tolr juror? just about what he had toll district Attorney and the Corone the inquest, and nothing that shed new light upon the case. The first witness waa G. Fairfle surveyor, w-ho had prepared charts maps of the Carman bouse, lawn, office and the outbuildings, etc. Dr. Carman and Calla Coleman *, followed by Madeline Bailey, pretty seventeen-year-old daughtci the murdered woman. William D. ley, her father, escorted her to grand jury room and did his besl comfort her and keep her calm ur all the excitement of the crowd ; ihe swarm of photographers who ?a . Miapshotting every one connected v the ease. Madeline's testimony, it is said, ?imply to do with her answering telephone when the Bailey house ? called up the night of the ?hoot from Dr. Carinan'.-, residence, and Biiley was told that his wife had bi uerioimly injured. William D. Bailey followed daughter. He told of receiving the t ephone message and of going over Freeport and finding there that 1 wife was dead. The seventh witness was Mrs. Ki b?U, a cousin of Mrs. Bailey. It ??aid she testified that Dr. Carman v ited her house in liempstead when h husband was ill and that Mrs. Bail vas there then. Archie Post and George Colder we the last two witnesses. The testimot of Golder, at first considered so in ferial to the state, had lost its impo tance long before he went to the grar jury, by reason of his signing an an davit for Mrs. Carman's counsel awea ing that he had been mistaken in muc of the testimony he gave before th Coroner. It became still more inconsequent'?! after Celia had related her story. Wlu h? told the grand jury today is no known, but it is known that the Dis triet Attorney did net care what stor Golder might tell. To Call Autopsy Doctors. Th? witnesses whom Mr. Smith in tends to call to-morrow are the phy ? icians who held the autopsv Pis Runde, Phippa and Grimmer and Coroner Norton. If there is ?ime for more Mrs. Powell, sister of Mrs. Car? man: Elwood T. Bardes, at first con? sidered the statp's ?tar witness, and Mrs. Variance, the elderly nurse of whom Mrs. Carman became jealous and whose ears ?he boxed, may be called. District At nth has not fully made up Ins salad whether to pi ran Mrs. Carman to | , u night he was still fearful that if ?he were al? lowed to appear before the grand jury a claim for immunity might-be made! on some tachoieaiity, Until .he has ?*-??"-?nced_?jyr|i?clf that,no auch claim I ran poaaibly stand ha will ba Cowl I ling ; for ner to teatlfy. The exhibits in tha case, Including the bullet. Mrs. Bailey'? handbag and the medicine given her by Dr. Carman the night of the murder, will alao be introduced to-morrow. There is noth? ing more than a bare possibility that Mr?. Carman will appear during th? day. The District Attorney to-night said he was sure his office had succeeded in locating one of the two women who disappeared from Dr. Carman's offi.e when the shot was fired. He thought he could find the second. A subpoena already has been issued for the one found. "Their testimony, if verified," he ?aid, "will b? important only aa con? tradicting and refuting parts of the caa? built up by the defence. They are both local women and live In the */i cinity of Freeport." The District Attorney baa consented to permit Mra. Carman'e attorney to bring witneasee before the grand Jury in an attempt to discredit th? teati mony of Bardes concerning his move? ments on the nicht of the shooting. Mr. Smith will not permit the intro? duction of witnesses to attack Bardes in any other manner. It also became known to-night that in a converaation between Dr. ("arman and Mr. Levy on the on? aid? and Sheriff Stephen P. Pettlt, District At- , torney Smith and Assistant District Attorney Week?, Mr. Carman ?aid, concerning th? three shot? ho had re-i ported were fired Bt him on? night while he was out automobiling with Garland Gaden: "You know, I am not eo aura that there were Bny shots fired at me. 1 have been thinking about it a great dea?. I told you from the first that I thought at first a tire had blown out. lit occurs to me now that those ?hots might have been merely on? of (iaden'a jokea." RUNCIE SAYS MRS. CARMAN TOLD HIM OF DICTOGRAPH Dr. William H. Hinict? admitted to? night that Mrs. Carman had revealed to him the night. Mrs. Bailey waa shot' that she had placed a dictograph in her husband's office. "I didn't think the fact that ?he con? fessed that night that she had put in a dictograph was of anv importance," he said. "I cannot see yet why the public connect the murder of Mrs. Bailey with Mrs. Carman. I did not and I do not now see that it has any bearing on the case. I did not tell the District Attor? ney or the authorities when they talked with me that Mrs. Carman had revealed her secret to me, because they did not titti me. While it is out of the ordi i a****, I cannot seo why so much im? portance is given to it. "Mrs. Carman told me of It when, at Dr. Carman's request, I went up to her room to quiet the women. This was some time after the shooting. Mrs. Carman said to me, 'I have a dicto? graph in the doctor's office, but please don't tell any one about it. Don't tell the doctor. I fear the authorities will discover it.' "I told her I did not see any reason for telling the doctor, and I would re? main silent. I did remain r.ilent. "The next day, in my presence, Mrs. Carman told Dr. Carman about the dictograph. Dr. Carman, after ?he had told him about it, said he considered it a very foolish thing." Dr. Runcie on Saturday told a Trib? une reporter, in the presence of two witnesses, that he was Dr. Carman's intimate friend. To-day, however, he changed this by saying that he had known the doctor for only about three years. In that time ho had been called to the house only on profes? sional business. Has N'ot Told Smith. Dr. Runcie aaid he had not yet offl eially notified District Attorney Smith of Mrs. Carman's admission. Describing th? incidents after Dr. Carman called him from his home, Dr. Runcie said: "I ran out of the house, and it was light enough for me to see Archie Wallace in his car hurrying Dr. Car? man's father-in-law home. Archie had his lamps lighted, though it was lighl enough. I yelled jokingly at him, 'Get out of my way!' and, when I ran acros? Dr. Carman's lawn to the side door in the path of the car, 'In my waj again V "You remember Archie testified that the glare of the lamps of bis car fel! on a negro girl on Dr. Carman's side porch. "What I've said "fixes the time. Dr Carman called me not before 8:.'!f o'clock, and I got over to bis oflic* about K:35 o'clock. I went into th? i.-'k-c. Dr. Carman was alone in then with the body. It was lying on thi lounge. Blood was still oozing fron ihe mouth. I asked him what it n! meant. He told me what had happenet hixI that he had -sent Archie for Dave; Bedell to identify her. "I said, 'This is the devil of a not? doctor.' " 'Yes,' he said. 'It'll ruin my prac tire. For God's sake, go upstairs am quiet the women folks. They're car rying on awful.' "1 found Mrs. Carman unstairs 1 her room with her mother, Mrs. Conk lin, and her sister, Mr3. Powell. Mr' Carman had on her kimono. There i no doubt about that, arid I'll tell yo how I know- it was a lilmy garner and I could sec her bBre legs. Kverv body was excited and upset. Mrs. Cai man said. 'Isn't this terrible? What' we ever do?' "I tried to calm the women, and said, 'Mrs. Carman, don't you worry you aren't to blame if any one gel shot in your husband's office.' "Finally Mrs. Carman, in lie wrought-up state, exclaimed: 'They' find downstairs ' "'What?' I asked., 'The dictograph she said, and ruddenly she seemed I grow calm and went on, 'Doctor, I hav got a dictograph downstairs in m husband's office.' "'In the name of heaven, what do you mean?' I asked, and then she told mo the dictograph receiver was lo? cated in her closet. "'What will they think if they find itr she asked. 'What shall I do about it?? Doctor Advises Mrs. Carman. "I talked with her about It for a little while and asked what she had it for. She said, 'I was suspicious of my husband's relations with other women. I heard he was intimate with them. But no one knows I've got the dicto? graph but mother itnd me.' "Dr. Carman was told of the dicto? graph the next day when I was pres? ent upstairs in his wife's room about 5 o'clock in the afternoon. I had told Mrs. Carman to leave the dictograph alone, but she got nervous and took it out that morning. I guess the dicto? graph people got all the advertising they wanted, but not the right kind. Mrs. Carman was clever, I tell you, in the way she rubbed it in. "If Mrs. Carman murdered that woman she is the mort dumfounding actress I have ever seen. I've been a doctor for years, and I've had some experience in de.iling with people. I think I can tell when a person is guilty?when one is lying to me. I tell you that no one could act the part that Mrs. Carman did with guilt on hi r. "Of course, I had heard Dr. Car? man's reputation for being a lively ladies' man, and I gained the impres? sion from him that some enraged husband fired at him through the window. The funny thing about that dictograph business was that for the la.?-t two months the doctor had been on his good behavior. So Mrs. Car? man didn't hear anything on the in? strument but what mado her feel good. Tell? of Cutting Oat Bullet. "When I went into Dr. Carman's of? fice I was surprised to find that no of? ficials were there. I asked the doctor if he had notified the officials, and he said he hadn't. "I did cut out the bullet, as 1 had a perfect right to do as health officer. There is a new law in this state which gives me the power to conduct an in ?.cstigation pirn in the absence of the Coroner. The bullet passed into the body a little below the right armpit and came out four inches above the level it? entrance in my opinion the course the bullet ?vould have taken if fired from Ihe window." Coroner N??rton a few days ago de? clared he had directed Dr. Runrle to remove the bullet from Mrs. Bailey's body. "I performed the autopsy on Mrs. Bailey, and I tell you candidly she was not to become a mother," Dr. Runcie said. "I wish I'd never got into this thing, and if I'd known what had happened I wouldn't have gone. Every ?*? thinks I know a lot more than I do. But I told the District Attorney he wasn't giving Dr. Carman a square deal, because I would fix the time of th? hooting. I tigure that the wound would have oor.ed five or ten minutes after the shooting until the blood coagulated. "I think it was possible for Mrs. Bailey, though the bullet pierced her lungs and the .' orta, to have said, 'I'm .??hot!' That Is just what a fatally wounded person would do. "I have been attending Mrs. Conk lin. She has n bad heart. She is not going to die. I expect to have her well enough to go before the grand jury to-morrow. "A:; for Dr. Carman's trip with me in his car Wednesday morning after the shooting, all I have to say is that my machine was still out of order, and I asked him to take me to Reynold? to sec a patient. The doctor went on to a garage for more gas. I saw he carrieii his black case. I saw nothing of a pistol." MRS. CARMAN BEGS PUBLIC TO SUSPEND ITS JUDGMENT This statement was issued to-night as coming from Mrs. Carman by her counsel: "I only ask that the public sus? pend judgment on me until the entire truth in regard to the murder of poor Mrs. Bailey is known. I am satisfied that the truth will come, for when 1 am exonerated Dr. Carman and myself will never reft until the murderer is captured. "The public takes much delight in thinking me a woman of iron nerve when I am really crushed ui-der this terrible charge. It is a terrible pun? ishment I hut has been meted out to me for the suspicions I permitted to cloud the love I held for my husband. "My little baby has been sent to the home of strangers. My mother is ly? ing at the point of death. My father is a broken old man and my sister has been accused of forsaking me. How untruthful this insinuation about her is can only be realized by one who wit i nested my pitiful collapse after my ar . re>t. "I am innocent. I cannot understand | why everything said by myself, ?*.** I husband or any one connected with ' i me has been so distorted. All I ask ; of any one is fair play. "Still, there is comfort to be gleaned from my position. X? ver has my hus? band nn?l myself been so closely ? united. Never before have I known . what real friendship is. I have been overcome with the numerous mes s.'ij'es of sympathy that have been sent by friends and acquaintances every? where. "Poor Mrs. Duryea. My heart goes 1 out ta bar. I have seen that she wishes to have one look at me. Surely it.' authorities ?an arrange it so that ? this grain of comfort can be given to the 1 poor old lady. There is nothing I v. ..iil.l'i'i do i o .-often her grief. '?| whs not jealous of my husband. I installed the dictograph merely to | be able to stop the mouths of gossips who had come to me with stories." DOCTOR TELLS OF TRIP ON MORNING AFTER MURDER Dr. Carman, after declining to givi the officials any information rcgardini his movements on the morning aftei the Bailey murderer to tell then where he went that day, to-day ?**?**, a Tribune reporter that information The first professional call Dr. tar man says he made in the morning wa? nt the home of William J. McAvuy, ii Clifford av., Freeport, to utter.-! McAvoy, a maternity patient. Aftei seeing her he told Mrs. Anderson of the shooting. Dr. Carman said he also visited Colts Carpenter, at Roosevelt, and J? Hewlett, at Freeport, on the morning following the murder. Than were others, he said, but he could not ra*> member them. After returning to his home and having breakfast he mude another trip to Roosevelt, where lie called on Mrs. W. !.. Cort. the wife of Warren I.. Cort. He returned from Roosevelt, which is about fifteen min? utes ft.i'ii Freeport. and before lunch? eon went for an automobile ride ?uli i uituan. Dr. Carman said be did not recall the roads ho travelled over when he IMM,le ?onal call- th? morn? ing after the murder. Ww rceoilae 1 lion, he said, was equally vague as to , just where he rode with Mrs. Carman. Nor could he say how long they were 1 out riding. They were home, he said, in time for lunch. It has been realized all along that , the doctor had abundant opportunity to diepeee of ? revolver while driving to \ i?it bis putients. The officials were interested yester? day to know just where the Carmans went in their automobile on the morn? ing following the shooting. The trip, as near as can be fixed, was made hours after the murder and, according '.. Dr. Runcie, was after Mrs. Carman bud told her husband she had spied on him with the aid of a dictograph. The country around Freeport affords every opportunity of disposing of a weapon. To the east is a large swamp, through which flow innumerable decks. Treaty with Peru Signed. Luna. July It. Th? American Mm Benten McMillan, and Foreign Munster Gazzani signed an arbitration treaty to-day designed to cover all ins wh'ch mav arise between the LuiLtid States and F??.u. i FRENCHMEN CELEBRATE National Holiday Observed by Benevolent Society. It might have been the Bastille lUelf , falling, instead of the French Benevo lent Society celebrating that event when the orchestra ?truck up in Sul icr's Hsrlem River Casino last night | Fifteen hundred couples, more or less, ; pranced out on the floor. Th? joyous Parisians of th? year 1?89 were handicapped by their igno lance of modern dance step?, and that < w?a where last night's crowd had the j advantage. During the afternoon there i had been games and a picnic for th? children, but the decks were ?cleared ! for terpsichorean action at H:30 o'clock. At that moment President Lucien Jouiand of the society made a low bow near the Second av. entrance. Vice-Pre?ldent Theodore Silier clicked his heels and made another. There? upon a hand appeared as if by muffic, and, directly behind it, New York's new French Consul General, M. Bosse rnnt Dansladr. He was escorted to the front of the hall and wa? cheered a? lie made a speech. The Lafayette Guards attended In their gold lace and served as aids for the dancers. The proceeds of the cele? bration, which are expected to be in the neighborhood of $3,000, will go to the French Hospital, at 460 West 34th st WAR HONOR MEN ELECT W. B. Dickey Named Com? mander of Medal Legion. Atlantic City, July 14. William B. Dickey, of Brooklyn, was elected com? mander of the Army and Navy Mfdal O? Honor Legion at its twenty-fourth i.nnual reunion here to-day. Other of? ficers chosen inclr.?fe Orvillc T. Cham? berlain, Eckert, Ind., senior vice-com? mander, ?nd John P. McFloy, U. S. N. i retired), junior vice-commander. The veterans after a lively debate approved the bill pending in Congress providing for them a pension of $10 a month. Of the 2,000 soldiers and sailors dec? orated by Congress for deeds of valor during the Civil War but 3h0 survive. WABASH TERMINAL HEARING GRANTED House Committee Gives Town? send Chance to Prove "Loot? ing," as He Charged. tl'rom Tlie Tribuno Bureau. 1 Washington .July 14. The House Com? mittee on Interstate Commerce agreed to-day to give a hearing to-morrow to Representative Townsend, of New Jer? sey, on his resolution demanding an investigation of the alleged looting of the Wabash Pittsburgh Terminal Company. Mr. Townsend's resolution directs the Interstate Commerce Com? mission to conduct an inquiry into the financial affairs of this company and the depreciation of its securities. Mr. Townsend spent two hours at the Department of Justice digging into the liles of an investigation of the com? pany named made by the department several years ago. lie says the infor? mation he has collected brings in the names of George Gould, the late E. H. Harriman and Joseph Ramsey, jr., who were concerned in a bond issue of the company. Mr. Ramsey, who was president of the Wabash Pittsburgh Terminal Com? pany until deposed by opposition inter? ests, will be introduced to the House committee to-morrow by Mr. Town send. Before Mr. Townsend introduced his resolution of inquiry Mr. Ramsey is said to have informed the New Jer? sey member that he had grown weary of accusations connecting him with the alleged wrecking of the property and he desired to tell his story. GETS BOAT; FORGETS AUTO Passenger Leaves Oar on Pier; Megaphones for Aid. The steamer Berkshire, Bound for Albany, was pulling into the 137th st. pier last evening when a man, a woman and two children dashed up in an au? tomobile. As soon as the gangplank was down the man, with the woman and children went aboard. He didn't reappear until the Berk? shire was 1 '?0 yards on her way up river. He came down on deck in three bounds and begged the captain to stop the boat. He was assured that nothing could be done and that he wa? in for a restful ride to Albany. He then shouted through a mega? phone, asking some one to take care of his automobile at the pier. Ser? geant Frank Dunn, of the West 125th st. police station, assumed charge of the machine. It bore the registry number 40401, which is that of Frank H. Petersen, of 439 East 136th st. PUBLISHER IN DIFFICULTY Sinclair Tousey Files Petition in Bankruptcy. Sinclair Tousey, whose disagree? ments with the other two stockholders in the lirm of Frank Tousey, Inc., pub? lishers of periodicals, have kept him in the courts recently, has tiled a peti? tion in bankruptcy. He gives his lia? bilities as $140,51?:* and assets as $5 ?j5 in cash and 250 shares of stock in the company. A month ago Tousey asked that the corporntion be dissolved. He said that in 1909 he and (ieorge Gordon Hast? ings entered into an agreement where? by Tousey deposited his 250 shares with the Mercantile Safe Deposit Com? pany as collateral for the payment of a note of $44,531. Since then Mr. Hastings has died. His daughter, Norma, owns ten shares of stock and Harry E. Wolff, the treas? urer, owns 240 shares. Tousey charged that the young woman and Wolff con? spired to injure the company's busi? ness and force him to turn over his interest. * RAISE CLAIM TO $433,255 Merritt, Contractor, Sees Al? leged Shortage Doubled. An amended claim submitted to Judge Stephen Thayer, federal referee in bankruptcy in Yonkers, yesterday raised the alleged shortages of Henry C. Merritt, former Supervisor and 'lammany contra-tor of East Chester, now under indictment on a grand larceny charge, from $227,000 to $433, Zti The Westchester County Research Rjreau found alleged defalcations of 8227,000 ?-ix months ago. Yesterday E. P. Hoes, counsel for the town, sub? mitted the amended claim against Mer ritt's bankrupt estate. Merritt went to the wall In carrying out state highway contracts after Gov? ernor Sulzer began prosecuting high? way grafters. Atlas Co Buys Theatre. |l?> T?-I??stai.h to The Tribune I Hartford. Conn., July 14. The Atlas Theatres Company, of New York City, to-night acquired the Star Theatre, in this city, and immediately closed it for improvements. It seats 2,000. and was itiiihed this spring. It will be re? opened about August 1 as a model mo? tion picture bout?, tsuamed the Atlaa. JOHN L. BILLARD. BILLARD ABOUT TO QUIT NEW HAVEN Continued from page 1 as to how little ground there is for asking any New Haven director to pay the company anything. They were i building for the best, and if let alone and allowed to w?lk and develop the properties they acquired for their stockholders results in a few years would have justified them. Take the trolleys alone. If it hadn't been for the earnings of the trolleys, the road would have been in the hands of a re ! ceiver this year. "It is absolutely unfair to talk about the increase of the capitalization of the road from $9:.,000.000 to more than 1 $400,000,000 in ten years without say i ing something about the expansion of the road in that time. In 1MI the New Haven owned 400 miles of road and leased as much more. To-day it owns 7,000 miles of road. F.vcn public offi > eials should be fair in such matters, ; though the inquiry, as in this case, be essentially political." Nothing was forthcoming from the offices of J. T. Morgan & Co., where 1 until Saturday last examiners of the Interstate Commerce Commission were supposed to have been at work. The ' failure of the examiners to get evi? dence of wrongdoing there was appar? ent from the start, when Joseph W. Folk, counsel for the commission, was told that he could have everything in the office relating to New Haven af? fairs and its subsidiaries, but that he could not indulge in what lawyers, for want of a better term, describe as a "fishing excursion." It is the closed season on the books ' of private customers of the firm that the commission in its report objects to, though it was held by the Supreme Court of the United States in the cot ; ton pool cases that a broker has no right to allow the indiscriminate over? hauling of private accounts, even by a grand jury. Those familiar with the affairs of th?; Morgan offices and the conduct of the examiners while there assert that at no time did the men seem to know i what they were after. Apparently they ! were proceeding on the theory that. an indefinite something might be , found. At no time, it is said, was any reasonable request of the examiners refused. District Attorney Whitman said yesterday that thus far the Interstate Commerce Commission had not fur? nished his office with any transcripts ' of evidence or anything upon which an investigation could be based. "If anybody has any evidence that anybody else, or any group of any? body elses, has been stealing all the millions talked about from the New , Haven or any other corporation or individual," said the District Attorney, "this i> the place for him to come. This office does not care who he is or whom the information may hit. But under the law we must have evidence on which to base a prosecution even of a railroad director. The moment that evidence, or leads that will show where that evidence may be had, comes to this office that minute the work begins." Howard Elliott, chairman of the New Haven, did not arrive in New York yesterday. He is in close touch with the situation, however, and is as anxious as any one to clear up the situation. It is not considered likely that any definite action will be taken at to? morrow's meeting. The question is too big for hasty action, but it will be thoroughly canvassed; and it is quite among the possibilities that the com ; mission will be asked to favor the com ; pany with any Bnd all evidence of wrongdoing it may possess that is not i part of the records of the inquiry. It is also probable that the answer of the \ present management of the road to the commission will be made public. Francis Lynde Stetson, who Mellen in a magazine article said acted for the New Haven and the Trust Company of America interests in the West chestcr deal, issued a formal state? ment yesterday to the effect that Mel? len i:; in error. Mr. Stetson did repre? sent the New Haven in the matter, t but Oakleigl. Thome and his asso? ciates were represented by William F. Sheehan. of the then law firm of Par? ker, Hatch & Sheehan. ENGINEERS^ ON LINKS Conwell Wins First Prize in Monthly Golf Tourney. W. L. Conwell won the first prize in 1 the Class A .wosomes at the regular monthly meeting of the Engineers' Club, of New York, held over the Long wood Country Club links yesterdav afternoon. His card was 82 8 74. C. ! Young took second honors, at 88-10 I - 78. Eighty-five members attended the meeting. Four-somes were played in the - morning, aggregate scores counting. ! Richard Devins and E. N. Chilson turned in the winning card. 179 41 138, with B. G. Braine and C. E. Bailey next in line, with 200 f>5 145. Prize.- also were awarded in classes , B and C In Class B. K. I. Small was successful, with 81 17 ?SU. and F.. V. CkUeea ?-u right on his heels, with fi 16 H, Mr. Small's handicap gave big* a score which brought him bc , low the par for the course, so the com? mittee raised his score to fi?. M. A. Scheffier was also allowed a 68 in Claaa C, although he went around in 100 M 64. G. M. Thomaa waa second in Claas C, with 94 23 71. The next meeting of the club will be held at Garden City. Small Fire on Steamer ?Albany Poughkeepsie, N. Y., July 14. When ! the Hudson River Day Line steamer Albany waa on it? up trip this after , noon tire waa discovered in j kindling wood in the boiler room. Streams were at once played on the blaze aud it waa quickly extinguished. The passengers knew of the tire, but there -waa ao *>a*ua> NEW "SLATE" DEAL DENIED BY BARNES Says No One Can Predict Action of Republican State Electors. GIVES A FEW FACTS ABOUT NOMINATIONS Asserts He Will Cast Ballot on September 28 for Men Best Fitted for Office. "All talk of combinations, deals, etc.. is wide of the mark, because there is no man, to my knowledge, In the state who can predict what" action the Re? publican electors of the state will take when they vote on September 29," said William Harnes last night when asked about an alleged slate published in an evening newspsper. The putative slate, headed by Dis? trict Attorney Whltmsn for Governor. Eugene M. Travis, of Brooklyn, for Lieutenant Governor, and James w, Wadsworth, jr., of Livingston, for United States Senator, according to the story, had the approval of the Repub? lican state chairman. Later Mr. Barnes issued the follow? ing statement: "Constant misinterpretation of the provisions of the election law make it appropriate that I should set forth to the Republican electors of the state a few salient facts. "On September 28 622,000 enrolled Republicans o* the State of New York are entitled to vote for the purpose of making nominations of the Republican portea for all offices to be filled by the voters. "Candidates for a state office to be voted for at that primary election must file their petitions containing at least .1,000 names before September 8. After that date no other candidates can have their names printed on the official ballot. "The state committee and the vari? ous county committees of the state are prohibited by law from expending one cent of their funds in behalf of the nomination of any candidate who may present himself through petitions to the enrolled electorate of the party. "The Republican State Committee, furthermore, is prohibited by its rules from indorsing or favoring any candi? date for public office for nomination at a primary. "As chairman of the Republican State Committee I purpose to be guid? ed by the letter of the statute and by the letter and spirit of the rules of the state committee. "As an enrolled Republican elector of the County of Albany I shall cast I my ballot on September 28 for such candidates as I believe are best fitted | for the offices to be filled." a MAY NOT Il-IDICT N. H. DIRECTORS Department of Justice Will Not Decide Pending Dissolu? tion Negotiations. Washington, July 14. Final determ? ination of the questio.i whether crim? inal indictments shall be sought by the Department of Justice against direc? tors of the New Haven Railroad prob? ably will not be reached until the con? clusion of the negotiations for a peace? ful dissolution of that system. The fate of these negotiations is said to i depend largely on the action of the New Haven board at a meeting in New York on Thursday. The department cannot reach the N.w Haven directors for any of the financial transactions which brought on their heads the condemnation of tue inter?nate Commerce Commission. It can act only through the anti-trust : law, which has .. section making it a criminal offence to enter into a con- ? ??piracy in restraint of trade. Past ex- I penence with this section has not en- ' couraged federal law officials to ask in ! dictments for directors or other of? ficials of alleged combinations which j ' it sought to dissolve. Juries have been loath to render verdicts of guilty and , judges have not been disposed to im? pose prison sentences. The widespread publicity given to the New Haven case, however, and the unqualified assertion of the Interstate Commerce Commis? sion that the directors of the New Haven knew that they were acquiring and combining competing properties ? may put a different aspect on this case. It has been known for months that the Department of Justice has had a great amount of information concern? ing the New Haven, much of which is in accord with the information secured by the commission, but some of which is said to contradict testimony given by prominent witnesses at the com? mission's investigation. This contro dictory evidence was not accepted by the commission, but if indictments are sou. 't it may be laid before a grand jury to settle the question of whether immunity ha?? been given to witnesses who helped the commission. If a con? tradiction is shown clearly, some of? ficials believe, immunity may not be ? granted. It has been well understood in ad? ministration circles that the depart i ment is anxious to get the civil disso ! lution of the New Haven out of the ; way before it takes up any other phase of the case. According to the depart? ment theory of the matter, the New Haven grip on the transportation of New England is absolute, and it is more imperative that it be broken than tha? a few indictments be asked for which could not in any way restore \ competition to that section. Springfield, 111., July 14.- Following the sensational developments in the goveinment investigation into affairs of the New Haven Railroad comes the re? port of Insurance Superintendent Rutus M. Potts, showing the extent to which insurance companies doing business in Illinois arc affected. It shows that forty-three outside fire insurance com? panies operating in Illinois hold stocks and bond.- in the New Haven Railroad amounting to $?i,907,000, not including investments in the many subsidiary or? ganizations. ? "The companies have reported this I wer less stock to the department at the above figure," Superintendent Potts i ?ays. The headquarters of most of the com? panies are in New York and the New England States, and Superintendent Potts says that for these companies to approximately >7,000,000 of worthies, paper is a circumstance that crnnot be overlooked, and he is pre ?cnting his conclusions to the l'nited States government investigators, asking that they extend their inquiry to in? clude the transactions of these com? panies with this railroad as shown by i "their enormous so-called 'invest ImsoW GLYNN JUDGES UPHELt Appointment of Hylan and R< Declared Valid. Albany, July 14/ The Court of A peala held to-day that the appon ment of John F. Hylan and Robert Roy aa county judges of Kinga Coun by ?Governor Glvnn waa valid. This . cialon reverses the Appellate Divish Th? judge? were appointed recent by Governor Glynn to "111! vacanci in two offices that had just been ci ated and never had been tilled.' T court held that this was proper ai there was no necessity of waiting f an election to choose the first ti men to fill newly created judgeshipa. HELD ON FORGERY CHARG Lawyer Accused of Signii Magistrate's Name. Daniel Handler, a lawyer, of 189 S ond av., was arrested yesterday in ti Essex M irket court on a charge forging the name of Magistra Murphy to subpoenas calling for wi nesses in the case cf Louis Kellt Handler told the court that he w not aware of the fact that he was doii wrong, and that it was a common pra tice with lawyers in the Municip courts to sign subpcenas. "If you did not know that you we doing wrong and that the Crimin Codo does not permit auch a thin then you are not fit for the bar," r plied Magistrate Murphy. Handler waa held in 11,000 bail f( examiniiion to-morrow before Magi trate Nolan. DELAY OF BUDGET LAID TO WILSOI Precedence of Tolls Bill Ove Sundry Civil Excuse of Democrats. ffroni T1*.*. Tribuns Bureau! Washington, July 14. In a speech i bis own defence in the House late t< day, Representative Fitzgerald, chaii men of the Appropriations Committe. plfced responsibility upon the Pr?s dent for the delay in the passage c the annual appropriation bills. M Fitzgerald did not refer to the Pr?s dent by name, but the inference w? unmistakable when he asserted tht "distinguished gentlemen" had insiste that the tolls repeal bill and the trui programme take precedence over au* ply measures. Mr. Fitzgerald's peppery speech wa caused by an attack urion "Democrati inefficiency" by Mr. Gillett, rankiu Republican of the Appropriations Con n'ittee, who commented upon the fa< that it has been necessary to ador resolutions continuing the old appr< priations for several government d< partments. "We always knew that th Democratic party was incapable of ac ministering the affairs of the goverr ment in an efficient manner," said Mi Gillett. "I assume no responsibility for thi delay," replied Mr. Fitzgerald. " strongly urged that the legislative bil be given precedence over the tolls re peal bill. My advice was not heedec I pointed out to certain distinguishe gentlemen the dancer that would at tend givine the tolls bill the right o way over the legislative budget. Agaii I protested in caucus against the rul adopted giving the trust bills prcr-e ?lenre over the sundry civil bill. M; advice in that particular was i?*nore<? The responsibility for the delay lie elsewhere, not with the Committee oi Appropriations." The debate developed that during th sixteen years the Republicans were ii ?ontrol of the House, from 1897, th' appropriation bills had been passed oi schedule time. "During those year the House business was administere. in n business like manner," said Mi Gillett. Karlicr in the day Mr. Mnnn liai refused unanimous consent for th consideration of a resolution continu ing the old appropriations covere by the sundry civil, legislative, Ind ian and District of Columbia budgets This so frightened the Democrats tha hurried Conferences were held and ai agreement reached on the District an. legislative budgets, leaving only th sundry civil an?! Indian bills dead locked in conference. Mr. Mam threatened to force the Rules Com mittee to bring in a special rule fo the adoption of the continuing reso lution. Inasmuch as Democrats of the Rule Committee are dodging a meeting be cause of the fpar of enforced actioi on the suffrage and prohibition reso lutions, the majority members were ii desperate straits. Unanimous consent finally was ob taincd to continue for an additiona fifteen days the appropriations cov ering the Indian service and the sun dry civil requirements of the govern ment. picks anti-wIlson mai\ Gov. Fielder's Vote Gives Smith Choice Berth. (H> Tel"?ra[h to T'io Tribune.) Trenton, N. J., July 14. The vote ol Governor Fielder to-day landed John A Smith, of Caniden, a stanch anti-Wilsoi Democrat, into the choice job as custo dian of the State House. Kdward Y. Grosscup, Democratic state chairmar and a warm friend of President Wilson voted against Smith's selection. The Governor, Stato Controller Ed wards and Mr. Grosscup, who is State Treasurer, make up the commission which -elects the custodian. The Con troller is known as an anti-Wilsori Democrat. The action of Governor Fielder cann? as a surprise because he is known as s close friend of the President. It is un derstood. however, that his enmit> toward Joseph P. Tumulty, the Presi? dent's secretary, because of his affilia? tion with the W'ittpenn faction is re? sponsible for the Governors action. MASHERSJOIVORKHOUSE Youths Who Annoyed Girl Get Twenty Days Each. Louis Riccio, of 341 Fast 115th ?t., and Louis Scconio, of 306 Pleasant a**, both twenty-two years old, were sen? tenced to twenty days i*i the work? house last night by Magistrate Corri? gan after they had been brought into court on the complaint of Katherine Washington, seventeen years old, who said that tl-ye men had annoyed and in? sulted her at the recreation pier at 113th st. and the East River. The girl, who lives at 305 East 11??,i ?t., said she left her home last even n<r in company with her little sister for a walk. When they reached the pier the men accosted her and she ran from them. Later they came to her again and tried to strike up an acquaintance. When ?he refused they took her by the arms and tried to lead h<v away from her sister. Becoming frightened she screamed, and her cries brough* a policeman. The defence offered by the men was that they thought they anew the girl. Bribe Taker Dropa~Dead. San Francisco. Julv 14. Michael W. Coffey, firat of the supervisors to be convicted of bribe taking in the San Francisco graft trials, dropped dead in a hospital here to-day while he ?vais waiting for a doctor to examine his daughter. After his conviction, on ! February 17, 1909, Coffey fought his eaae to the Supreme Court and it did I not come to trial again. WHITMAN DENIES ATTACK ON SARNES No Letter Sent by Him to Colonel Roosevelt. Says Prosecutor. T. R. SILENT WHEN ASKED A30UT NOTE District Attorney Asserts Cam. paign Will Not Be Man. aged by Barnes. District Attorney Whitman yester? day again denied that he had written a letter attacking William Barnes, jr. which, it was reported from Oyster Ray, had been submitted to Colonel Roosevelt by Charles H. Duell, Jr., who, acting on his own initiative, tried to obtain the Colonel's indorsement of Mr. Whitman's candidacy for the nom. ?nation for Governor. The District Attorney further as? serted that he never had drafted any? thing like the letter In question or knew of the existence of any such draft. Colonel Roosevelt's only reply to Mr. Whitman's repeated denial last night was a refusal to discuss the matter in any way. Incidentally, Mr. Whitman said he would go into the Republican pri? maries regardless of what Mr. Barnes thought of it, and added that If 3,000 Progressives announced themselves ad? vocates of him in the race for Gov? ernor he would probably go into the Progressive primaries as well. Whitman Fresh and Smiling. The District Attorney was in perfect health after a week end at Newport. He was smiling when the newfipaper men called upon him at his office. "Have you ever written anything in the way of a statement, letter or other document that might be con? strued as being of the nature de? scribed in the recent reports?" he was asked. The reply was emphatic and defiant. ! "I have not. You may make that as complete and as broad as you wish. I have never written anything that might be so construed. I have not written to Mr. Duell in three months. I did not see Mr. Duell in Newport" "Did you ever write anything to the Whitman Non-Partisan League?" "I did not. I have never heard ef that league. Hence I could not hsve written to it. I repeat there is nothing from me that any one can give out. Progressives nor any one else have anything from me. I do not deny that they may have received something, but whatever they had is not from me, and I had no hand in its preparation, and know nothing about it. I think that ought to be final." "Do you think that there may hs something from Mr. Duell that caused this discussion"? "I do not. Mr. Duell does not repre? sent me. I speak for myself." Barnes Story Denied. A story in an evening paper inti? mating that the District Attorney had a*k".t .Mr. Barnes to manage his cam? paign was called to his attention. "Mr. Barnes." said Mr. Whitman em? phatically, "will not manage my cam? paign. I have not asked him and do not intend to do so." "The story says you dined with him recently at the I'nion League Club." "I have never dined with Mr. Barnes in my life. I repeat what I have said a thousand time.? on the platform, that I am not subservient to Mr. Barnes and never will be. I am going into the primaries, and I believe I am likely to get the nomination. Mr. Barnes cannot give mc the nomination and he cannot stop me from getting it. The people have that to say. And if 3,000 Progres? sives say they want me I shall proba? bly go into the Progressive primaries as well." Oyster Bay. July 14.?When Colonel Roosevelt's attention was called to Dis? tritt Attorney Whitman's d?niai to? day that he wrote a letter, or draft of a letter, attacking William Barnes, jr., the Colonel declined to discuss the matter. It is understood that ii: u short time friends of Colonel Roose? velt intend to make the letter public. It was pointed out that District At? torney Whitman, though he had pre? vious opportunity to deny that Charles H. Duell, jr., represented him on any of his tri'is to Sagamore Hill, did net ?io so until recently, when th? exist? ence of the Barnes letter was made known publicly. This is considered sign meant by some of ths Colonel's in? nds. Colonel Roosevelt interrupted his rest cure for several houra to-day t? arrange a celebration in honor of the arrival at Sagamore Hill of hU ?on, Kerniit, recently married in Madrid, and his bride. They will arrive to? morrow evening and meet Colonel ; Roosevelt after he returns from New York. Colonel Roosevelt will go into ths ? city to-morrow and confer with some : of the state leaders at Progressive na ! tional headquarters concerning the re? quest of the New York leaders that he run for Governor this fall. He may m??et Progressive leaders from other states. After the conference he ei ! pecta to take luncheon at the Colony : Club with some of the women inter ( -'.'.| in the social service work of ths Progressive party. GIRL'S IMAGINATION BIG Police Hold Story of Negro's Attack on Child Unreal. Lakewood, N. J., July 14.?Ths ao ! thorities are now satisfied that the 1 only trouble with seven-year-old Clara I Hauptman, whose story of being at 1 tacked by a negro in the woods caused an all-night hunt with bloodhounds, i* j too much imagination. When John Wright, of Point Pic?-" ant, who might be mistaken by s child for a negro, was arrested to-day, Clsra denied.he was the man. Wright ssid he was picking berries when the girl , came along and that, on seeing him, she ran away screaming. The man proved it was Clara hs had ' seen by saying she carried an um? brella, which the girl had not previ ; ously mentioned. The police believe Wright is telling the truth, but are i holding him for further investigation. form pouticalTleague Proportional Representation Object of Organization. The New York Stats Proportion?! Representation League was organized at the Albemarle-Hoffman Hotel ls?t night. The league proposes to conduct | a campaign to get s plank favoring pro? portional representation in the plat? forms of thi- various political parti?, this fall. Clarence C. Hoag, secretary of the American Proportional Repre? sentation League, addressed ths meet? ing. Among others present were Asaem hlyman Clinton E. Fisk, of New Jersey, ? John E. Kastmond, former Water Keg ? ister of Brooklyn, and Samuel J. Roaen aohn, chairman of the Progressiv? I Party plstiorm commit???*-.