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The sun. (New York [N.Y.]) 1833-1916, July 17, 1895, Image 1

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< w dl V T l o M 1 > I 4 1r > > f V W t ri r c 1 10
I t
LEADING SUMMER RESORTS For New York and Hi Vicinity t
11utHttitit In THE SUN Hrerv Day Cloudy warmer occasional showers
I j 1 j fr f r
Altgrn urxrrIxa
2t e 1 JUll oURTZFrZNO
v A JIleinn aad Voeirerou Evening with
flood tJovernmenl Cub IAfter a Comle
Curtain nloer bl Coroner Hacker the
Tin Comml loner Impnrt i > int o I
Infraction In Wood CllUenihlp and
Vow to Mnke Thine Ulster nod Itlner
Good Government Club I which Is composed
CbtelI ot GermanAmericans rounded up the
oblel Hueber last night at
Police Hoard and Coroner loer nltht
polce 113IU feet Ihey wanted to hear
lat Kst Ulh teet Ihey
aboiltthe excise laws The place was Jammed
Inside and out tlustav Sehw ab and a couple of
CKrainn orators led off tho t entertainment and
Introduced and Instructed
then the Coroner was < alllilstructe
also Ho I looked at the reporter
toipenk In lertnan lu looku hl re
t porter a minute and then started off in Eng
prtul thu delight of tho assembly
llh it t the hlKliest Important question he
i ad 1 t tho citizens of the New York city and
realur illsUncei than New York this Sun
rgreater f Ilstalce
obsertanco question and It must be dls
day obseraleo Iluuston <
cuuo I First thu law A It stands has It t be
carried out and second U 1 that law forever
law l on the statute book or shall wo abolish It i
The Coroner piustd for an answer
A tamo and he proceeded
cmo I believ It 1ms I l bo carried out every law
Iln I the countr was when I lead tho papers In
about our clllens calling on the Mayor Mr
blronc and tolling I him that If the Sunday law
IM enforced they would all vote again for
Tammany Hall and I felt ashamed of myself
and I say to myself I cannot b true My
experience with the press has been such that I
dldnt see how It could be true and I carat to
New York back and I found out unfortunately
It wM tru In part
The crowd cheered The Coroner went on and
talked about Mr Roosevelt who hadnt got
there > el and about the spy system Then he
anted to know what rl h the Union League
bail to have wino on Sunday if Terrace Garden
couldnt have It
I members of the highest clubs con drink
the drink But
he said then flowery can
treat discretion must be allowed in permitting
After awhIle the Coroner got around t
Beret btrunz and he said
I blame Major Strong for having broken the
ulema promises ho made before election He
told us he would uo his Influence with the Leg
Utitnro a butter law to et and not one thing
did ho do to carry out that promise Mayor
Strong an honest man is I believe Not in forty
year have we had a more honest man the City
Hill In But he did wrong In that he did
I About this time Mr Roosevelt came in and
Jr the Coroner pulled out of his pocket a piece of
piper containing an Interview with Commis
sioner Parker
I want Mr Roosevelt to hear this he said
The interview was the one printed In THE Ben
yesterday morning The Coroner crunched it
In shouted hIs flst and held it high over his head a he
M Iprotest against such thlnss Hessys the
Germans cant get a Continental Sunday hero
and they are welcome to obey our laws First
of a he has not rot any business t welcome
tii We are here by right u much right as he
hu t b hen We are not obliged to accept
anything we flnd here and 1 we dont like an
institution weve rot a right t rote against it
and change It I want t say that Mr Parker
makes a great mistake when he says the Ger
mans are the ones that oppose the enforcement of
this law I have met Americas as enlightened
a any German ever was
The crowd here broke into ran of laughter
What did I say said the Coroner t Com
missioner Roosevelt Was It good 1 Mr
Eoosovelt told him what be had sid and the
Coroner repeated I Americans u enlightened
A any German ever was who want the law
changed Everybody who Is I lot stuck up in
bigotry wants a change And the crowd yelled
tome more
The Coroner rattled on in dialect for ten or
fifteen minutes and then said he couldnt say
any more because Mr Roosevelt was there
waiting to make a speech but there would b
Other occasions when ho would talk
President Roosevelt was then Introduced He
started out by saying
Just a word in the beginning suggested by
I what has been said I como here to speak to
you caring nothing for creed and nothing for
birthplace of those whom I address because
Iipeak as an American to fellow Americans
We all stand alike on the platform of honesty
and upright observance of the law Now I bu
gin with pricking an empty bladder The news b
paper press has been filled for several days with
veiled eulogies of me
Certain statements have appeared In some
papers to thu effect that under the now admln
titration of tbs Police Department crime In this
Polce Departmon
city has Increased These statements are abso
lutely false I hold in my hand the official
flsures giving total number felonies reported
at too station houses and the total number
of arrests for felonies during the lInt three
months of the present jear when the
old organization of the department was still
undisturbed a compared with the last six
weeks during which time tho force has been
absolutely under the new direction The total
number of felonies reported during the month
of January February and March was 700 or
anaveraeo of HW per day The total number of
felonies reported for tho month of Juno nnd
onehalf of the month of July was flii
less than seven per lay At this rate
the figures for three months felonies
would be 020 This would go to dhow that
toe statements that crime has Increased nro
jot only untrue but the reverse of truth that
crime has decreased qulto markedly and that
any etatempnts tn tho contrary are mado with
deliberate bad faith Till arrests for felonies
cover H large number of felonies not orIginally
reported VheIl a policeman tees I felony
committed 1 ho makes an arrest and re
potts It j a an arrest nnd not an n
holly In January February nnd March tho
pests for felonies numbered nls In June nnd
ilt lrt two weeks of July m arrests werii
IK eel for flonlf s For the three months under
iiVM r Klmt > tho arrests for felony averaged a i
trifle over tin perdu nnd In tile last viz weeks
owing to greater activ It and real of the police
Qrce the arrests for felony hav o averaged near
X eleven a dnr > Tile number of felonies bus
eased but tho number of arrest ts Increased
3lr ItooMevelt cklid icnatnr Hill then
MI iclator thel
lie tins none mu thu honor 11 said to
lake mOI tile antitype of his political ineth
eds aol his hot I 11141 views and has tingled Die
rut for nil attiie < In connei tlnn with the Kxclm
7k ITHIllit complaint Is I that I lion
silly niii ntor 1 the lIv which ho and almalY
5111 W upon t he Mamie books with the < full belief
II Int91101 that It wnl111 nut ll ° hon
hlr CIIftci II L I 10 lint uiuoIly acrlho mo
ailt I al1HullfVlnirllyUlVeStntnanEpiakinB J
ernnl Ilt d I itllt s lllor II I siiythat Ils lIly
fCn iJll lila llKWatri I < fir 110 l CoOt rolled
Uwii1 IJI Ih alooIUIII l I > dellbrHtely enacted a
law I1they deliberately InlendMl lobe ills
010111 iUlttly t Ill I lilt Iltllot I ha IC to a rro
In I in e 1 thl i ins for onlior 111 letter H
tle I 1 ft milk inowal
tnoiu hnil nWInl these I wero the
othl th1 llti hIt l III thivlaniinanyUtflilii
iF lllt laaat the nretent liiw
witr1 Iweiit l nn mid mid thnt to law
kp Ofllllr i fled lmpl > as a i alol to
tUdhtfl tie biii1005 uhservleiii allitm of MrHills
iJIIVlsulllyrxcl I I lay hf ahl has nrver
tflii1 Ielil Litter I 11115 always I ben enforced
Wtllh 111111 > Itliuiil iiionej and nltiiout
I < ollii 111
° IhliCal i wihout 01 llollt
I berate ca mtll4to I WM pitelelL l with the ile
q RMkJ PUrpla of keeping 11 award ii > ertli
ecli1 ot f In i hl ieipr l hndld not render iil I
tie 7 rilllitiii nervhei tnluminnny Hull and tn
IIet et htet0 ii I t iiine Innn 1 hkh iuiiiimn > Hall 1 erved
ou 01 a 1110 anil dlsgrue I in thu state hIlt
11th Itt I I Illicit Mutes natirnshould venture
t Duf tu Iliejr us I Lliniuuinii nf thu ilUholieat
110 10holot
ly I ceenl lt f law for lllttl ha I all that it meant
srt hi Oliterl hi I faVIr r of enforclni tho I IUII S liln I I
lllex u u Inmniiin Ih1 I I I en forced t helil
llle Dr till 11111 vvak nn dead letter I ai
III t > the 1 cltufod 11IIIot omo tI1PtU Ilr
18 dIr befno
10 er 010 I iittiu Into
lhlr like ilvo thousuml l arrests were
Cue for Moiatim of lie t hunday Kx
rl law Ihlnk of that 11 I I live thnusind
ZlUreo0 lh lur rariestsbavonnt r beenallltlomoru
Id I ou liroportlonull Hut whereas In the
en tb C 11 1 hIlt n pull w11 SCOtt free II t
contr1l lavo taken
Tln cOllr tlen particular
Pln to
10 that It tutu
h4 vu 111 man
tt a 11 whosA StOut nits clonetl
tritifmil111 1lulr dialer owes lie n iebtnt
fl rn1uii him from Ill I
bondnie fl
dee tIi0 11 rpeUIi frm 1
iffit 11 > lem 1 he cither liad tn kiei open by
i > m tomu sort or cite ho hail tobo elo nl
Ounllnueil on Second Pag
A Kn > n Tnr lon lrna the Wage Be
tween Two Tandem Cur
A runaway horse Mid wagon and two tandem
cable can going In opposite direction crashed
together at Third avenUe and Sixth Street at
0145 oclock lat evening
Tim horse anti wagon were the property of
Jacob Meyer of SH HIvlnBlon street who bad
lent thorn to a neighbor The latter Intrusted
the wagon to a man named McLellan to deliver
come goods McLellan left the hone standing
In tho flowery between Fifth and Sixth streets
while he went Into a itoro
While lIe was Inside the horse took fright
and dashed across the street He leaped over
the coupling of a tandem car bound south and
breaking from tho harness left the wagon
caught between the front and rear cars
This happened at the curve at Sixth street A
northbound tandem car smashed Into the
wreck a moment after the horse bad made his
remarkable leap and the wagon was crashed to
Both tandem carl were crowded and the
passengers climbed over each other in a wildly
excited condition
John Manning of 09 East Fiftyfifth street
who was sitting In the second of the north
bound tandaru cars had his left leg badly
bruised by tho collision The road was blocked
for half nn hour by the smashup for there was
nothing left of the wagon but kindling wood
and the car were also damaged
Grlpmon John Sullivan and Thomas Burke
were locked up In the East Fifth street station
for carelessness The horse was finally caught
at fourth avenue and Twelfth street
Bernard Scunner while driving a business
wagon In Third avenue last night ran Into a
trolley car at ITUth street Ho was pitched out
on his head but was not seriously hurt Ed
ward Keen the motorman was locked up
Lulgl Anastossn 37 years old of 140 Mul
berry street tried to board a Third avenue cable
car bound north at 110th street last night The
lights In the car were out and tbo gates shut
as the car win on the way to the depot to bo
housed for the night Aaastosso was thrown to
thn street and fell on his head He was taken
to tho Harlem Hospital In an unconscious con
While Henry Raymond S3 years old of 25
Henry street Brooklyn was crossing Broadway
al Thirteenth street C i oclock
at oclok yesterday after
noon ho was Knocked down by a cable car and
sustained a scalp wound and contusions of tho
head He was lent to tho New York Hospital
Founded Tammany Victims of the Fewer
Removal Mill
Good Government Club Ex Is said tobe an
Immediate possibility In the local political situ
ation The objects and purposes of this club u
stated by one of It projectors are to secure
good government for the city by the speedy re
turn to power of Tammany Hall The name of
the club Is suggestive of the character of Its
membership The exofficeholders who gave to
tho city an economical administration of mu
nicipal affairs for the six year prior to the advent
Tent of Col Strong are the only ellglblos ac
cording to the plan of ortranlmton outlined by
cilirldgo Trustee E V Skinner one of the pro
jectors of the movement
I would limit the active membership of the
club said Mr Skinner to the men who were
turned out ot office by Mayor Strong under wer
provisions of the Power of Removal bill Others
who have become excs by expiration of their
term should have only limited rights of memo
bership and should not hold offlco In the organ
ization te orlA
Founded in jeet Good Government Cub Ex
is likely to become a serious and substantial
entity The exes baT taken hold of the prop
osition In real earnest and there Is prp
lively contest going I on between exDpck Commissioner
rotl ecJo
missioner Andrew T White and exPolice Jus
club tice William II Burke for the Presidency of the
Capt Freer Steam Dad When the Constable
table FromlicB Not to Arreit Him
Capt B Elklns Freer of the tugboat Montauk
owned by the Lone Island Itallroad Company
eloped several months ago with tho wife of a
friend named Schmidt lfr Freer sued her
husband for divorce in the New Jersey Court of
Chancery and Freer being a nonresident was
required to furnish 1000 ball The Chancellor
Issued an order of arrest but Freer kept out of
the jurisdiction until last evening when he
took the Montauk over to the Central Itallroad
pier at Communtpaw
Constable Edward McCormack with the or
der of arrest made his way up to the pilot house
10 began to reid the document to Cant freer
Heforelie had flnlhert I the Montauk was steam
Ing away toward the Buttery The constable
beeped to be put ashore Capt Freer said
All right but you mustnt arrest me The
constable said wouldnt and the tug steamed
back again to the pier The constable was al
lowed to go ashore and Capt Freer blowing a
farewell salute to the constable and the Jersey
shore put out In stream
Bfr1 Hplrrjr of Montgomery AlI Arrested
on a Charge Murder
MONTGOMERY Ala July 10Mrs Mary
Splvcy was arrested late last night charged
with having poisoned her husband W H
Spivey Mr Splvoy had 7000 life Insurance
In favor of his wife for 55000 of which she
paid premiums without his knowledge Wit
nesses swore today before tho Coroners Jury
that pITY was slightly Indisposed on the
morning of his death became ill at noon and
cIitl 1 hoveral hours afterward an a < that Mrs
bplvey bought ten grains of morphine twice
during the day
Dr Hill the physician swore that Solvey
died of morphine poison and that Mrs Bpivey
denied at the time that morphine had been ad
ministered tn him hplvejs remains wero ex
humcd and hU stomach tent today to thu lab
orators at Auburn for analysis Mrs Spivey Is
I family handsome woman and comes of a good
II a Hereof MrCrrnry In Nnmlnu iandl
date far the Legislature
IiKXivrrov Ky July 10 Senator Black
burns chances for being returned to tho Untied
States Senate were get strengthened hero
today by his decided v Ittory 111 the primary
contest for candidates for thu Legislature from
this city and county although he had strong
opposition from exGov MrCreary whose
friend fairly poured money Into the county
lllnckhurn nominated all three of his candi
date which gives him a big majority of the
Democratic legislative candidates primaries so far nominated by the
lllltlON IY XII 001
He Hum Not aught Any Flnli > lut He Han
Hen Two lleptibllcan Statesmen
Ol n IOIIUE July It The vanguard of the
politicians of New York has arrived at Old
Forge 1 he afternoon train from tho south
brought Theodore 1 Inole nf Syracuse He lost no
time In going to the HnrriMm lottogeto pay his
respects to thu uxlrenldunt He WHS uccnm
puttied by Jnseiui J Bayleaof Home jen liar
rlfiin ilmined his 1 ramping clothe toda and
prepared for a Dulling trip but was prevented
from going on the lake by the Inclement
lol oned Her loater Parent
St1UlU Iud July lalole llulknap
aged H adopted daugtittr of Doming Carver
and wife of Iniontnwn attempted to poison 1
them on Saturday When an used nf the crime
flu1 at drat dented It hut afterward confessed
and nhuuHil a Utter I tlgncd by her lover UY
Itobltn the eon of a wealthy family In that
neighborhood urging her to commit the dnd In
order to Inherit her foster parent property on
that the and her lover might hurry und get the
Inheritance < Mr harver died yesterday and
Mrs twirytr Is notrxpocud to llvu
A HoniiikuiuulUI Killed by a Fall
Ihomas Filntt 10 years old a laborer who
lived A Sfl Prince street walked while asleep
from the tire escape of his Hat In tho tlfth story
at an early hour estcrday morning He fell to
thuiourtinul and bone la hU body
CUUrlI1 RI < every ono II by was
broken ill death was lojtinuucoui
Tin fVLVA Jin ix is jv ma COFFIY
His Mretier Did Not Know Vntlt Hh
Reached Her Pier Whether He Was
Alive or DcndTlie IVort lOad lea
FearedFuneral at IIU Church on Friday
The faint hopes entertained here by the rela
tives of the Rev Dr Arthur Brooks that he
might return nllvo on the Ilumhlp Fulda
were dispelled yesterday The Fulda brought
in his dead body Ho had died on board her on
Wednesday morning last at 0 oclock only a
day and a half out from Southampton The
leT Dr John Cotton rooks Aichdcacon of
Western Massachusetts and Mr William O
Brooks of llonton who had come here to meet
their brother wero at the Futdas pier In Ho
boken when she docked at 1301 I M 1 yesterday
They missed the revenue cutter that was to
have taken them to Quarantine and they did
not know of their brothers death until the
steamer reached her pier
Lr Ilrooks had gone abroad on the Fulda
for his health June Mrs
bnlh sailing on 22 lr
Ilrooks accompanied him Ho stood the out
ward TOne fairly well but on his arrival
at Southampton lIe became rapidly worse
and Instead of being able to spend a month
In travel In Great Britain he did not
leave Southampton Ills condition continued
to grow more alarming and finally tho
English physicians advised tom to return to
this country assuring him that he was ablo to
stand the trip Accordingly a stateroom on
the Fulda was engaged and on July H Dr and
Mra Brooks started on their homeward voyage
Dr Brooks w as by this time so feeble that It
was necessary to carry him aboard the ship In
a chair Much of the limo ho was delirious
and his appearance had so changed that the
officers of the steamer did not recognize hIm
when ho was brought on board He was un
able to retain food and Dr George Schmauch
the ships surgeon said that hu had a tumor of
the duodenum
Dr and Mrs Brooks had a stateroom on the
starboard side amidships where tho motion of
the vessel would disturb the invalid as little a
possible Mr Brooks was constantly with her
iiimband and Dr Schmauch rendered all the
aid be could but the case n as hopeless 1 thu
body embalmed and put In a metallic coffin
When the steamer cot l her pier yesterday tho
coffin was taken ashore and conveyed to SOI
Madison avenue tie rectory of the Protestant
Episcopal Church of the Incarnation of which
Dr Brooks was pastor The funeral will be In
the Church of the Incarnation Friday
Incarnaton on after
noon probably A 2 oclock Bishop Henry C
Potter assisted by a number of the clergy from
this and other dioceses will officiate There
will bo no drapery of any kind In the church
eave that the memorial tablet erected In honor
of Phillips Brooks which was completed yes
terday will not b unveiled The full church
choir will sing
The burial will be in the family plot In Mount
Auburn Cambridge Ihe pall bearers will be
selected from the members of the vestry who
re now In this country Theso arc E M Craw
ford Senior Warden and Vestrymen E I Fos
dick M H Clarkson F L I Stetson J L Hiker
Warden P Brown James McLean Herbert Val
entine and r E Hide
Arthur Brooks a born In Boston fifty years
ago He was onn of live brothers of hOn
three became ministers In the Episcopal Church
The others were Phillips who died two years
ago after serving two years as Bishop of Massa
chusetts John Cotton now archdeacon of
western Massachusetts another brother Is
William 0 cahler of the National Bank of
Boston and another Frederick was drowned a
few rears ago in tho Charles Kh er near Boston
After preparing for college Dr Brook entered
HaMar in the class of 1807 and was gradu
ated lie prepared for the ministry at the Cam
bridge Theological School and was ordained a
deacon In Trinity Chnrclu Boston He nt once
accepted a call to the parish In Wllllamsport
Pa and there he wasordalned to the ministry bJ
Bishop Stevens In April 1872 he accepted I
call to StJameis Church In ChtcajroThe church
edifice had been destroyed by the great fro nud
he set t work to rebuild This was accomplished
plished in a remarkably short time and the
parish was In n flourishing condition when
he left It I was In 1875 that he accepted n rail
to the Chnreli of tho Incarnation In this city
Ho found tho puth wIth a floating debt ot
a500besldesnmortzagaof 48000 Those wore
wiped l out by 1N78 Since then the church has
developed rapidly Dr Ilrooks attracted largo
membership and held it In Barnard I Iolleeo
and Its affairs he was much Interested He wus
Chairman of Its Board of Trustees Hu was also
VicePresident of the City Mission Society and a
member of the Church Board of Mls lons and
lIe belonged to the University Club and tho
Century Club A collection of his sermons bus
been published In book form entitled The
Life of Christ in the World Ho delivered the
address at tho unveiling of the Farragut monu
ment In Washington omn yearn ago
Dr Ilrooks married Miss Elizabeth Wlllnrd
They had no children < Vlar <
Fined for Deneerutlnic Sunday and Now Out
with the Chain Gang
CHATTANOOGA July itlAli Interest In Hhoa
county cast Tennessee Is I centred In tho deal
Ings of the State with the colony of Seventh
Day Adventists In tho county limits In the
second trial of tho Adventists a few weeks
slnco eight leading I members of this sect were
found guilty of desecrating Sunday and were
Although abundantly able they refused to
pay tho fines and all went to jail un workhouse
mittimuses which require the prUoners to work
out their sentences on the county minis The
equivalent In service to the tines Incurred make
their terms of Imprisonment range from sixty
t dirhty days
Today they were put to work with the county
convicts on lull publlo hlahwnvn Ihelr first
task is l tOBMsl It in t he building of a brldun across
the Pine Ulcer near Spring Cllv After the
completion of thin work they will repair the
county roads Although associated with crim
inals of the chain gang they wear nn chains
The leader of tho ham Is K l It Glllett one ot
their elders In tIme village nf Grnysxllto Klder
Glllett U nenrl 70 years old and a native of
Batavla N V Ho volunteered as a soldier In
tho civil war serving threu year
Accused or lllinnlne the ArlUKton Hotel
is I Disorderly House
Jacob Schelcier the proprietor of the Arling
ton Hotel at 54 West Twentyfourth street was
locked up In the West Thirtieth street station
last night on a warrant sued by Magistrate
Flammor In the Jellvrson Market Court charg
ing him with keeping a disorderly house
The warrant was served upon bcheldcr personally
sonally by Capt Plekett accompanied bv Iete
tlves Casey and Hlnton nf Inspector Ilronkri
staff Tim ovldencu upon whlli I the wariant
was Issued was secured by the two detectives
who visited tho pluca at various times thin
register of tho hotel which will ho nxed as
evidence against beholder WaS ahntnnlUcntod
The Arlington Hotel I cnmo hall I promlnenio
Mme month ago when Mrs Mary F I Snllade
started her erui > aio against tho house and other
places nn Twentyfourth MKct Mie endeav
ored to have tile license of the Arlington n
voked house ou thc ground that It was D disreputable
aim TiiiKiEi ix A cnvncir
They Hloln Mrs MeOnvueiii INiekelunok
While Hhe Wu Irl lug
Mary Delancy 10 > rars old of ion West
Biitleth street and Clara Dunn 11 1 years old of
633 West FlftJeighth btrcut wero locked up In
the Wcitblxt eighth street police station last
night on D charge of stealing a pockctbonk 1011
talnlng Sl 13 from Mrs ihitry McGitvney of SVt
Tenth avenue during srrvlcis In M I Pauls
Human Cathollu Church Columbus avenue and
blillfth street l
Uhilo pra Ing Mrs Mclnuney plncevl her
pocketbook I tnt sent of the lltw heshle her
In which wvro seated these twu girls and an
other Olin hhorth after they led Mho iiiUmd
her pockrlbook but > reported her Ion to Father
Hughes win gaa her a note to the Wet Hint
eighth street police When the girls were
arreotcd thoy admitted their guilt the Ill
wero unable to nrtiin the name of the third
flrl When the pocketbook was taken thin
lunn LIrl secretly extracted Sin out of It and
ulivhmliut tho remaining 2 with the other girls
The lorry girls nuclei were tumid over to the care of tho
Aliunit I Serious Question
with mtnufacmrers of Admiral eliaieun how to
upplt tuedeuuuU xc llcutrccurnuieuililloBUnl I i
Typhoid Fever the tleA Member at
Onn Time or Fortytwo Clubs
Simon M Ehrllch Chief Jtldgo of tho City
Court whoso town bonne Is I at Hdll Lexington 1
avenue died suddenly at 1110 oclock last
night nt his country place at Throjas Neck
Iho Judge died of typhoid fever after an 1
nets nf eighteen days Ills wife and brothers
and sisters were at his bedside when bo died
children Ho was attended by Dr Denning Ho left no
Judge Ehrllch was born In Boston on Jan 0
1H52 He came to this city when a boy and
attended the Columbia Grammar School where
he remained until fitted for college After being
graduated from the University of the City of
Now York with the class of 1H72 ho entered the
law office of Judge Porter who was then Hegls
ter In Bankruptcy Later ho practised first in
tho offices of Isaac Dayton and then with Sam
uel Hirsch
Ho elected the bench the
was to of City Court
In 1883 and was chosen Chief Judgo In 1800 t
succeed Judge McAdam He was reflected to a
term of six years in 1801 He was widely known
In clnbs and social organizations and was a
member of fortytwo clubs a ono time
A Tnll Young Msn with a Pair ofHheur
Iiu lleen nt Work In the Block
A man visited TUB SUN offlco last evening and
said ho wanted to complain about the outrages
that had been perpetrated on the cats In Twenty
ninth street between Lexington and Third ave
nues Homo one has been docking the cats tails
he said I A reporter went up and Inquired and
learned this Last Sunday morning Hate
Boas who Is taking caro of tlio llev Jesse F
Forboss house at 11J East entynlnth street
was awakened by the crying of a cat and looked
out of tho front basement window Standing
In front of the house was a tall young hAn Ho
had just dropped a cat Ho had another In his
arms There was a click like the shutting of I
heavy pair of shears Then there was a series
of plaintive yells from cat No 3 and she was
dropped Then tho young man walked away
going toward Lexington avenue
Later In the morning Miss Boas found two cat
tails In the areaway and the same day two tail
less cats on the street Tho next day she saw
several more cats minus tails She learned
that Frederick Tliorn who lives at 137 had two
cats who had lost tlla She saw Mr Thorn
and told him about the tall young man
Mr Thorn a the only person on the block
who would admit to TiE Suv reporter last
night that part of his two cats was missing
Tho reporter saw on tho street four other cats
without tails or with bobtails
Miss McCartle lives at 1A2 West Twenty
ninth street and sho has written a letter which
she says she will send today to tho Society for
the Prevention of Cruelty to Animals In tho
letter she tells bow the cats on tho block have I
been maltreated
Worker In n Pottitown Steel Plant Get
a 20 Per Cent Advance
POTTSTOVVS Pa July laTho nailers at
Ellis Lesslgs Iron and steel plant have been
notified that on and after Aug 1 they will re
ceive an Increase of SO 810 per cent In wage
On the same date the men employed In the plate
mill will be put back to the scale of 03 which
1 a decided advance over tbe present rate
FlTCiinUBO Mass July 10The operatives of
the Beoll and Fitchburg Worsted Companys
mills have received the following notice
On July 29 > the achcdule of wage In this
mill will be readjusted and advances wade a
far as tho condition of business will admit
Tho advance will affect tlOO operatives
BniiiOFroBT July 11Late yesterday after
noon Gcncrtl Manager Bhtnchardof the Rubber
Trust visited the plant In Newtown und had a
notice posted that beginning today the wages
nf all tho employees would be Increased nn
amount equal to onehalf the reduction of 1SIII
1 ho company pledges itself to n full restoration
of ages on the old scale A soon as bulnes
warrants It This move of the general manager
Is belIeved to havo been made In anticipation of
a demand for tho restoration of the old rates
entire A petition to that effect then
entrn pltton efect was n being
circulated among tho workmen A mass meet
log was held In Costelloa Opera Hou o last
night and tho standing Grievance Committee
of the employees was instructed to demand the
old scale of wages
It Fell on Farrell After He Had Fallen
Cruel the Truck
James Farrell 2J car of age of 208 East
Ninetyeighth street while driving 1 truck for
Contractor Patrick higgins of iT East Nluct
eighth street was killed at 107th street and
Itlverslde Park yesterday afternoon Farrell
loaded the truck at 101th street and Manhat
tan avenue with a steno weighing nearly thrte
tons and started to haul It to Itlverslde Park
where a retaining wall I in process of construction
Ho sat astride thin stone and Just as ho
reached tho park It began to flip from thin
truck Farrell r1 from It to the pavement aud
the stone topplod over iipnn him <
It struck him nn tho head and chest pinion
ing him tn the ground and crunhliii his I head
and ribs It was necessary to rig a derrick to
remove the Htono before he could bo released
Ills body was removed to tho Morgue where
it was afterward claimed by his mother
President ItnunKer or the Helffhtsi Dod
Expect to Nolle 1 Soon
President Hossltcr nf the Brooklyn Helzhts
road U confident that bo has solved the problem
of a trolley fender which will really eave life
and not kill tho unfortunate person who runs
against it Yesterday the directors of tha road
examined three fender contrivances which Mr
HoiHller has been experimenting with ami
authorized him to put a number of them In
operation at Ole One of the three will Dually
he I adopted for all tilt corn They are nil of the
yielding 10 and are operated by springs A
rubber guard underneath prevents a person En
Ing under tbo wheels The expense Mr IOns
slier as lt equipping the entire road with
there fenders would not exceed the damages
tic a single lIfe
Threeenrnld Grace Grant Fell from it
Third Hlory Window
Three earold Grace Grant while leaning out
of thin window of her homo on the third floor
of 138 lark avenue esterdayafternoon lost her
balance and fell
Ill hi rdtHent she struck an awning on the
ground floor which broke her fall then sho
rolled Into thu street blip was found to have
suttulncd only 1 few slight bruises
Esse hlos Uro ned In I Ihe Knit River
Thirteen earold Icnatr Schwartz of flfi friouth
Pccond street and Much ONeill in years old nf
4V South First street Wllllnmsburuli went In
swimming last night off the orth Second strei t
dock They were expert swimmer but It was
the first time Slimy lied ventured at that point
There is I a treacherous current therK and many
li > s havu been drowned during thu last thrco
Other boys wero swimming last night on either
fhlr nf 111 I dock but bchwarti und ONeill 0
Jumped j from t lit mil nf It I Nobody warned 1 I his
bos nf lie I ut Cling edd y A tier they juinnid j
Inin i the wnier I hity did not apnrar analn mill
not were recnvured vldently sucked dolt allar bodies vteru
Iiivvier MtKenii tiles or Appendicitis
Joseph I MuKeon a law Ir wellknown In
political circles died at his country home at
ItcHavlllo h I last nljht Mr Mclveon was 1
graduate of Manhattan College and thu Colum
lIla Law bchool <
hit I was In gnrxt health on Wednesday nf last
week but on Thursday be Was prostrated 1 with
appendicitis An operation into performed by
result Dr Abbey of this city on batuiilay without
Mr MaRoon was a member time Tammany
Hull Committee of thin First district and be
longed to the Democratic Club the Cathnllo
Club the Celtic Council itomnt Arcanum tholo
oilier associations Ills age was 33 years < j
A aim irirn TIIVM TACKTKI xrJ
Her lover HrenU bus Leg TrjlmK to
CNenpe At OA Fciitfth Avenue nod Almoet
Get Anay on Them Hill the Unite
Frank nnd Del Cnrr nod Henry King
den the Prl oner SInde Hud Hollar
Italia Carr a goodlooking girl 2 3 years old
and three coiners five of tncle boms
al < more collers cave le llce nm
secret service aitcuts the liveliest fight yester
day afternoon that they have had In a long
time The fight was on the stairs and In a little
room on the third floor In the apartment houto
at or Fourth avenue Ono of tho counterfeiters
broke both less 1 trying to escape All were cap
tured but It wasnt the girls fault SIlo has red
hair Is about five feet four Inches tall and is
slender but wiry
The prisoners lucre the girl Frank alias
Conkey Carr said to bo the girls husband
Albert Brown alias Bill tho llrutc and Harry
Klngden 22 years oh file 1 latter said he was a
bartender of lMOT Third avenue The secret
sorxlco men believe ho gao an assumed name
They say that his father Is selt to do and lives
up town
The arrests were made at 0 oclock In the
evening by Chief Agent U H Ilugir and Opera
tive Efl < iulrell Callaghan Flynn and B B
Cagg Carr Is well known to the secret service
men and VU suspected ole months ego of do
lug counterfeiting In the city About five
weeks ago tbo secret service men got more clef
nlO iot <
Inlto Information They located hIm at US
Fourth avenue and slnco then have kept him In
sight They learned that nearly every day
lately Klngdcn Dud Drown had been passing
counterfeit standard dollars on Staten Island
and other places netir the city
When the operatives approached tho house
yesterday they didnt tiottco the girl wIth rod
hair who was a a front window on the third
floor In her nightgown That was liella Carr on
the lookout Tho moment sho caw the men
enter tho house the ran to tho room In the rear
to warn her companions hero was not time
for that but when tho operatives reached tbo
door It was locked They put their shoulders to
it and burst It open A barefooted man in his
undershirt and trousers who had been sitting
in a window looking on while Brown silver
plated the bad coins slid backward off the
window and fell onto a fire escape That was
Carr escaping
Iho moment tho operatives got Into the room
the girl and Bill tho liruto rushed at them The
attack was a little too much for Callaghan the
first of tho operatives to get inside tho room
The next Instant ho the girl and Bill the Druto
u croon the floor in a heap 1 the woman fought
well and helped Hill tho Brute to get up and
away The ftrute made for the door but was
there met and stopped by Chief Iluitg Then
there was 1 fourhanded fleht around the room
It was all so quick that lie girl could not get
Into the thick of It The next thing that llacg
and Callaghan recall Is that they and tho Druto
fell In a heap on the bed the Unite was the
under man They lay there panting and tho
Ilruto called for watci There was a lull whllo
the girl went to fill a glass with water lime
Brute took RfHuntiluo of tie rest Iiu raised
himself on his elbows Inl shoulders and reached
for u pistol In hU hip pocket I was a big
enshooter and before Callaghan and llagg
knew WhIlSt wns up tho muzzle of tun weapon
was at Callaghanfl stomach He struck the
Brutes hnnd aside 1 the Instant ho saw It The
Brute was ronn overpowered and the do tee
th es took a look overpwere
The room was poorly furnished Indifferent
places were the metals tools and acid used by
counterfeiters Ocr on a sink where Drown
was plating tho coins were fifty bad dollars unfinished
As was said above Csrr had been making his
escape1 this time Ou falling to tho tire es
cape ho crawled alone I and went through a
wIndow of the adjoining hOI No 01 I He ran
lonn stairs to the second floor Ho broko
Into thu rear flat and got to a win
dow opening on Fourth avenue He crawl
ed along tho cornice and prepared to
jump Ihe ground hour of 11 is occupied by a
Kroc cry store und theio were a number of meat
nooks projecting tutu on thu walk was a veg
itablo stand Carr took In these difficulties
nnd then leaped far out to clear them Ho
hiimnl lieally and broke both ankles lit
wriggled his way alone trio salk and cot Into
A Murtcnellls burner shop at U5 where he tried
to hido behind tliui door
A crowd hml gathered acd the barber ordered
Carr out of the shop Carr w rlRtzled out on to
the sidewalk again Iwo ioun boys Henry
Johnson of t hunt avenue and Joseph Soldo
I coal peildler near If nth street and Fourth
avenue wero close by Carr appealed to them
and ottered to pay them to carry him to tho
hointnl 1 meaning the Charltlehiind I Correction
i rT r
building at Third avenue and Eleventh street
Ihe boy picked him up and started with him
down Eleventh street This dodge of CRrra did
not succeed for he had only cot about 100 feet
when some of the operatives ran out from 05
and caught tho bo SH ho surrendered Carr Carr
was then taken Into I btlrl hero one of tho
operatives junip biild to him You were u fool to
Well do you blame mo asked Carr Then
ho asked for I cigarette and 1 svi llh t that ho I made
himself as comfortable ab possible until he could
be removed to Uellevuo unt <
Klngdcn the operatives say was not in the
house but was caught a little distance from the
hou e and brought there
After Catherine up tho olner plant Chief
HOKK nnd CallaKhan Marled with It and Ihe
Unite down tho stairs Flvnn wus coming uput
the time and Die limb took advantage of the
crowded condition of tho Htulr tl try again to
eccapo He sprang at Flv nn and struck him In
t 11 eye 81rnnl I solid man und floored Tile
Unite < toore <
Iho girl Tho Brute nnd Kln < len were taken
tn tho cderal building and later they wire
locked up In the Oak street police station Tho
prisoners had little to say 1 ho girl said that If
she had had a minute more tlmo to give tho
alarm hit and the men would not have been
Iho girl and Carr rented the room In which
nil four lived I Ihey tnld tho people In the house
they were theatrical people tile I operatives say
Klngiirn andIhr Brute passnl tho coin Carr
I I said to have ten thin maker of It Kincdcns
hands ho had were helped also marked und stained as though
AS for Klnclen the operatives said ho as
a lively joung man too busy to work More
rna he Irnrncd about him Carr has served
nmnnlilp time nt I Kliulro Iho coin showed good work
Ihc girl The Unite and Klngdon will hoar
< wi
ralgmd blilclds today before United Status Commissioner
EAJrlVO IrTIrJn coixxns
Inrvle Held for 1rlnl unit the Other Cases
There was a hearing yesterday mornlngbefore
Commissioner Shields In tho cases of the coven
young men nnd thin young woman who wore ar
rested 11111 week by tho dm eminent secret ser
vicemen on the charge of making or passing
counterfeit ilollnrs Iho accused Michael
coultcrtolilollrr iu CICCII1 ure lehael
Mnnnlne all Frank Carr human 1 McKcnna
John M I Iliirkln John 1 Ilnde V illlamJarvlH I 1
David Carmine Michael l I lore and Hurl II Itiau I I
totiiiulikionur Milelds held William InrvU tn
SjOOU to IllS lilt thn in tlon nf tlio t 1idvial drund I
Jury Thu other cases were then mljourneil
Col Wutl und Gee Sluhono t ontpromlae
tcrriisiaiiii I Vu July 10 Thin lult of Co
John II I I Willis of Inewell CUlt against ten
William Mnhciie of 1ettrsburu which has been
pending for homo 1 time In the Hustings Court
if this tity n Its ftmliahl adjusted thin
morning lien Mnhnna U I In pav tn I Col Wattn
11010 vul ID I eiinvei tu Col VatU iii I ut ills
Interest In lit lands purihunil on joint j m
count Col Walls I is to Hue tn din MalKinna
bond liileuuiltjlun him against nn > further
lUbillt btcaiiDoof the tultltmout
Iaiker Hceklnu bout IlelecUve
CoinmU Iorier Iurker had nlumt twenty po
llci men before him at Iolleo Hi > aiiu rti r s cs
terdiy for eininliuitlon as tn their I lapiblllties I
roino of them aro to bo placed In tho Uolectlve
lluienubv I I Iho I Inllco I CoiiimUslonere If i found
roniietent 14 im lie tho I others me tn hu eliiul I
tor npulal ilul Ihls i I Mil iniiformlt nlthlliu
Inti ntlon uf time Iliiu Hoard In iniiku u nhaku
up In I thti lletdllve I i I Hum ruan Vhn IH tu bo t lie
bead uf tbe bureau In mill in I duuut t
riecrelnrj Knillli Hlnhur Mr llnnnel
WKHMiTi I Il Jill > U ti the Svcretar of time
Interior todfs is ucd an order disbarring Mrs
Mary K Hansel nn attorney uuf Kllenvllle N
Y from prui tUIng heloro tile Interior Ueparl
mont becau > eof nulanfiil conduct In the ciecu
tiuaut puasiou vomlnra
The Famous Trsovv Witness Hull to Have
Jlnrsied In Detroit
DrTnoiT July 10 Uldroti Irancor ono of
lie star witnesses In tile celebrated Lexow
Police Investigation In New York nnd sonin
law of former 1ollce Commissioner Mctlave Is
under cloud In this cltv Irunger came to
Detroit In March last and secured rmplomeut
as a fnletniui In Hunter lleni < c Hunters dry
goods store He had excellent trcdcnti one
of them It Is raid being signed by Dr Park
hurst Two weeks ago llranger was uiluchargeul l
by tho firm Ono day last seek a fellow boarder
nt tile liafayette Cufo endorse d 1 n check for 1700
for tiranger Tliocheck purported to tie signeul by
John it Iorlor of Hochrrter X V who
Granger said was his uncle Tile check
was returned dishonored by a Rochester bank
Orangcr secured goods to the amount of SCO
and also 10 In cash from a clothlnc house on a
check for Shin and paid n SJ1 board bill and se
cured aS 3 loan on a S100 chuck Doth checks
were drawn on a Rochester bank and worm
signed by James A Granger who Utdeon said
was his father Granger left town on Monday
morning It Is not known yet whether these
three checks aro tho full extent of his operations
risri TIIK chum BOAT
The Three Men Thought the ITettlnK a
Slug iloke but Were Arrested
Three men went to Uoyntons chute at Coney
Island last night and bought tickets for tha
novel ride down tho slide Into tile water As
soon as they entered the boat they got boister
ous and whou It struck the water they began to
rock It to the great apprehension of the other
passcnucrc Finally they succeeded In over
turning tho boat and everybody was pitched
Into the water
The women screamed and the men passen
gers used Intemperate language while tlio mis
chief makers laughed hilariously Capt Iloyn
ton who saw the upset from the opposite shore
shouted directions to the boatmen 1 ho women
passengers wore helped into the boat by the
men passengers and boatmen and were rowed
ashore The men waded
When the three mlsohlof makers got to land
Capt Ho nton told them what ho thought of
them Thereupon ono of tile men seized him
and threw him Into the lake Ha came out
sputtering and promptly had the three men ar
rested At thin police elation they said they
were James Carroll and Washington Irving of
Coney Island and Thomas Berry of 314 East
Flfti second street this city
Ten Inched of Water In the Street etA
bury Park and Ocean Grove
Asmrnv IAIIK July 16Tho sovoro hailstorm
here nn Saturday was surpassed this afternoon
At 44r oclock a black cloud came up from the
southwest and within thin next fifteen minutes
the rainfall was heavier than Any tile oldest In
habitant remembers Tbe squ iro In front of the
Post Offlco was flooded to the depth of ten
inches In the business part of the town dry
roods boxes on the curb were floated and were
carried down the streets by tho wind
The roofs of tho Hotels Gladstone and Ores
venor were blown oil and a house in West Park
owned by a man named Moran was razed
In Ocean Grove there was a panlo among the
tents Trees were blown down and hailstones
as big as hickory nuts fell Children got empty
boxes and paddled up and down Broadway
Wesley Lake overflowed its banks
At Freehold lightning struck a tree near the
railroad tracks ai a train was passing and two
passengers were made unconscious by the shock
They Hut tn the Court House and Let a
Mob Lynch a Metro
WINCHESTER Ky July 1GThe Grand Jury
will take cognizance of the mob that took the
negro Hob Haggard from the jail at an early
hour this morning and hanged him to a railroad
trestle at tim edge of town None of the mob
was masked and Identification will bo an easy
matter Tho leader WIts an oxConfedcrato sol
dier of Morgans command and ono of the most
determined men In eastern Kentucky His
commands were obeyed by the mob which was
orderly In every respect
Company A Second Regiment Kentucky
State Guard Copt Henry htrother had been
ordered out by Mi t lilt Hodglns and when
the mob went to lie jail and demanded
tho prisoner they sat In the Court House ad
Joining like a lot of cowards and allowed the
Ijnchlng to take place Haggard was accused
of an attempted assault upon Myrtle KlLln
nIece of the man for whom he worked
A SkyUrklnK Party Upiet and William F
Ueieklnd WIIH Killed
William F Gesoklnd f 5 years old of 403
First avenue was driving a twowheeled cart
through Iudlow street at 7 M oclock last even
ing In tIle cart were Charles and AugustMelke
and James W Tucker all of 28 East ISlst
The men were skylarking with Geseklnd and
trying to grab the lines from him In the ex
citement the cart struck a butcher wagon In
front of 141 Iudlow street and upset All four
men were thrown out
ficscklnd struck on his heail and died from a
fractured skull before an ambulance arrived
The other men were moro or less bruised but
none seriously
Xt Involve the Iteaeiie nf tnpf I T Her
rltt wIth a hunt Hook
fnrBMoiiT I I July 10Capt I J Mer
rill of the Morrltt Wrecking Company was
fishing today from the taffrall of his schooner
yacht Carrie with Deputy Inspector of Customs
John Delaney of College Point when two enor
mous green head sea bass seized the two hooks
attached to the Captains lint and yanked the
unsuspictlni antler from his perch Into the
deep water Inspector Delanoy who toll the
story plckid up n boat hook and catching It In
the coat collar nf Capt Merrlti succeeded In
assisting him to ciln the Carries deck none
the worse forlmis wetting
JnrttonriJ Ilrcuunr Ho Said He Wn Per
AI1lv July HI Gov Morton today par
doned Henr M GrlcM n burulai In time Auburn
prison whii appealeil for leniency on the
ground that I L ho hail been persecuted by tile
prison otllcUls CIr slnco lie testified before thu
Republican Investigating committee GrlcUs
term was to expire on Jul HI
The lliinUn S inhlrr It MUInK
ST Inrix July 10 Iho Partners Hank nf
Orrld Neb is I in trouble I ltd I rathler I T I
1arUh Is niUiini und It Is reported tluit from
5 1 1S ittli to SOooo nf tho hank fund rumuu aUo
mUslnu Iho Irisident t and VicePresident of
thn bank vtnic in Itlchmoml on lint hitunlay
afternoon tiiiiul t log law > ITS its In I what slips
Intake In tho matter him I lint keen of 1nrMi
15 tiC b > n uentlrinnn fr > m UuhninniS i suliu tint
him itt thu Union stilt uoi In Kun > as Cit on
July 10
Dirt us lirlHluu Ciiileiivuier Kill IlliiielO
DriilUM MIIM i Julj I I III I ihie I saul body n f n
man who bud evidenllv I hhot hlnuelf wan found
In a brook here < c lenla > Hu win about
years ulul In I his noekit were 1 1110 I a Chris
I Han KmtiHVor bmlue uld un envelope that I hml
thm lust riptiiin
Head this i ore fully It may be the means of
saving a man
rake No liunce
with your IxHtltl heel Ordrr dlrix from r ft It
bcbatftr Unnlii Co Iarkav uud Slit UOiu
run v 5 O7fivj > ttiir atr rzi
JA1I AH lA II rKS < il V 11 PV
Gross Nr lret by the NhrrlBT treed tlmf
Led the Warden to Ilrenk this Nlntntx
Htunldlly nnrt fonnrdlce If Not tVore
on tin Inrt sir the Keeiipr And Among
Them They Let Three Thieve r cnpe
Not n Crime tTn < lrr Keilernl iowa lint S
Is n rime ITniler the < omronn Ini mad
thn Acting District Attorney nf hs >
flinty Henil tar n Copj of the PrrttnH
ment and or tlndge IneombeB Chnra
Judge Larombe told tho tliltcit ttites Clrnni
Jury yesterday that tindrr the tlilted States
laws there was no suny of punishing Sheriff
Tanuon and his mibordlnnlis criminally for
mere neglect which permitted tilt escape of the
three Iost Office btirglurH from luillon street
Jail on July J Hut In added Mimllluuitlv tbafc
there ss as plenty of htiitn law to punl li ditch
neglect and Vernon M Duxls acting District
Attorney lie count soot for a copy of the
charge antI a copy of a orclilng prepcntmentj
by thu Grand Jury which followed bard unon It
bo the censure which hurt the Shi rills feeling
very much yesterula Is not likely to bo tlio t last
of It Judge Iacombo saul In his cbaige
Po far concerns rcxlcralpriioncrs conllne4
In u county Jail before trlnl or pentilni an cxc
anilnntlon on a criminal I i hurpethe 0 l III I uf time
State of New York is found In tlio itch Lhuptof
080 of the laws of lMi2 known as Ohio utIlity
Hw Ily fiction ISI of that in t it Is proldod
that each bherllT shall han the i mtody of ths >
Jail of his county and the pil otiers tlietcin and
such jails shall bo kept by him or by Keepers
appointed by him for nlioia nets ho shall bo
responsible ly section 10 It is pro Idcd as fol
low s
Conmffmrnfi bu fntlrtl SMIfi CoiiifStich keeper
shall receive auil keep In liU Jull every person I iluly
committed thereto for Shy orfeiuo against the United
States by any court or oflkerof tin United SlateS
until he shall lie July illiehnrR the tnllol I btntes
tipportlng such person during hlsionflnraeut and
the provisions of this article relathe to the niodeot
conBnlng prisoner ami romlui nlmll apply tn all
pertons so coniinlttcd by any court or officer of lh
United scale
The regulations referred to section 01 rot
ntlve to the mode of confining prisoners and
convicts are contained In the statute and as
applicable to the question before J ou I shall
read several sections of the law Judge La
combo read the sections which stated that the
Shcrlll should receive prisoners should not let
them out of bis custodi and that all prisoner
should bo kept separate as far as practicable
that they should see only counselor religious
advisers subject to tIle proper restrictions and
that they can get extra food at their own ex
In respect to the liability of a Sheriff or his
subordinate keepers for the escape of a prisoner1
lawfully committed to his custody either on
civil proce or on a criminal charge tho law ha
long recognized two different classes of escapes
and here to prevent misapprehension I may
point out the use of the 150111 eScape In such
cases flue word Is used in local terminology to
Indicate both the act of the prisoner In recap
log und the act of tho custodian in suffering
him to escape I say that the law has alwuya
recognized two ell lie rout classes of escapes
First voluntary ficapos that Is to say an es
cape actually permitted by the custodian na
escape In which the custodian has actually as
sisted by seine positive act or deliberate omis
sion An escape of this character ba alwnyli
been deemed a very serious crime both on lUr i
part of the escaping prl ouur juul on this twi t oVv
the guilty custodian Uho second Ua oft
escapes recognized by tho law are known as
negligent escapes that Is to bay rbcapca due to
the negligence the custodian In guarding the
prisoners Such an escape as this hus long been
recognized by lie lau an a crime Hut uh mn
a solutitary escape HUB at common law a felony
a negligent escape was a niisderlleauor only
Now Chic jurisdiction of a Grand Jury of the1
Vulted States to Indict for oilcmes against tho
United hiatus Is roextonslio with tho Jurlwliol
ion of lie Circuit Court to punlli lOut la
criminal matters a court of lie Inltcd hintes
has no common law Jurisdiction A irnnd Jury
of the Circuit Court of the t nlted Mites hits nai
right to Indict and the Circuit I Cmri hm no
power tn punish for any act ihich has not boon
declared oy tome act of Conines to bu nnof
fcnco aealnst the Ililted Mates punhhablu ic
cording to thin pro Minis nf tutu ttitluic le
fore therefore you otilil bo Justified la
lolling Indictments asalnst nil y nod j fm their
conduct In connection with thU i escape loa
must be satisfied by competent ovliluito list
bueh parson or persons imae lolutcd home law
of the United Malci Now time null act of Cou
cress on this subject of nlnch I hivu any
knowledge Is contained In section I4UU of tliv
Hel5ed Wtatiltos of tho 1nlted States whlcb
SUItes that any chemiSt deputy Klierllf mlniH
terlal ofllcer or am other person huitii In
charge a prlMiuer under coimnltmt In the
United States authorities t Ilhill aUonx this iurIs l
oner Miluuturll to escape shall be luiprUoned
or lined
lhiis section sou sihl perceive Iiu ludesonly
one class of excupe naiuel thit Wlllul h I hive
described to > ou as uliintury escipi this 1 lair
does not make a neRllgent ecupe nn thu pait of
actiHtodlan of a federal prisoner an ulTenta
against the 1nlted fctatis You 1501111 not be
justified I therefore In llmllng I Indictment
ugnlnstun of thoeusiodlnns of thciio prNoners
unless you are oat iailumi by iOiil iIl Ill t uviilitir
that such custodian has nsilsivd in tlio I u > cup
by some posItive act or him been guilty of home
deliberate omission ultli lilt luit to aid he
prisoners In i esemm ping hhcmhl > ou coin hd
that the evidence taken before you hhons
imeellgeimcu only Oil tho part of tho t cutiulUn
however great und evi n o ilpabln sin h I in ill I
genre uiay lmo Ixen 1011 Huuld nut luu Justified
in I llndlnu therefrom tlutt Ihrrn I h I mis been u vio
lation of section S4UII bccniisn tin reiinmt he as
I understand the lau soino actual Intent I 1 on the
part of thin custodian to ulluwthots < npeuruvslit
In I It tn justify j f a Ilndlni of a sul mm ii hIm IUIKI
for which alone tho tulonil law hus prn > liinl
If I himeter you dicidr that the I ehltm
does not juetll j yon In Indietlng a n of tin I cut
todlunn nf these prisoners fur time escape In
vie a of thn restriction itni > otd upon tho Jim
diction of th Court by the lack nf Itdrrul IIKIS
latlnn nn the subject you aro ntlll at liberty la
present to the Court the results nf jour Inves
tlkatlou You have the pnntr tn miiku to this
Court a presentment slitting I mr < conclusions
nn thin subject of vuur Investigation criticising
as iou deem Just j tliu I conduct of tIle iiblodlnne
uf them prlennurs and fixing cleurl the re
bponsibllty for tho escape w hem It belongs
In tile afternoon thin Grand Jury undo tl elr
presentment anil did not spare tho rtlicrllf or
bUuubnidlnutis they I uily
From the commencement nf their term of
Imprisonment th treatment nf them prisoner
wasilmructerlzcd by great tiirelessneits on the
part ot tIle War leu nt t liuu Jill 1 und his tmbordU h
nates lhe wrro grantiil privileges In thu jail
which enabled them serlouMy tn obstruct the
prosecution and hlch eahisish lit the tI flIt semI
uiis public erltli Ism hen they were llrst inin
inlttisl tn the jail on May II notice was Kent by
telephnnu nnd received ut the jail bufnru tin
iiiUomrH arrived there thut tlio question of
IdrntltlCitlon has 1111 linpurtunt featuruuf their
UC and the arden u tin irtlcularly request
edtoeiu thut un change 15 lIt nudu in HIM up
pearuncu and mimIc nf the prisoners until tin
witnesses nf the prosu ution luil sien thein at
thu h hcarine hut lu Ihe ommlsxloncr w hlcb
was set for Juno 1 3 l When hnwuvei
thu prtonern appeared befnru lie nuiinls
inner on the lid Oil nf June thilr appearance
was irrcutly I Imntted thu hiinls and 111111
IKI he b ot twu nf them had tCi n 4 Iimil i il and hue I
i uthesnf all of them chunii l > very uriutly ni
ti rlni their nppearnnce thus in Shill nl tilts
partirular ruiuent sent to limo Varilen nn lie I
I ricidimdm I in I the nHtnunf tlu < 1nltnl I ii Intel
Marshal the t prlbuneri weroultnHid in I tin j Jill
to miike thu very ulteratlun In their upjiuarinia
which the t prosecution hud mu iit in I urvuIi t
I his i plsode wiui puMMied In I I lie imwupui uis nt
the time mill tutu innilint nf the S anln i rltl
clbrd hhorll otter ilils ntnrl > a Were publi lud
in the 1 I ssslcIlicre thut I Ihno iniucimt rn I ul at
tiniptud 01 lirlliu 1iisms in tin Jailli u nnux
at Unii uMalu that 1 lull iii itli 5 UUU l tu tin HI <
linldenlni > h < iulil his st luieiu < ullctnl tn plt ii
I lit MiurlfT lilil Wurden nf tbo jail on ilur I
KUird and tn w iru them that I Iiu i riMin
im requ I neil in be wnt hil hirpl but no
ilmiiitu In their treiitiifiit 5 m ni < li
ilu I Ian trIo iie that prlin < M iletaiiud
for trial HI d thiise uinKl ontein u thall h pro
Villeil Hth it Hllfllillll HUllltlU nf llilU but
vh ileMinie tuiuI l it the inpiis nf tin inntj I
but prUnner deiiiined for iri il mo at their I j
invn expento it tut under the dimttcii I ut I thiui I
keeper IK UplinI with au her in i > 111 I
vhs ol f ud U i iippian I In hatu bitu i st i i <
on for Hi h Vnrilui oil i lie Jul to iiud 1 nn > > i >
truitt a keiuruti lible illAll kLur if the1 muM
pay imis ihartte uf lu per wtek ImariU
ers In the Jail were given treat rrivl
leges Ptlionura aro cuaUakcl ar

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