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H ? . . ., Vi M 1 i -I llllll! II I ! ! I II I I - I I II 1 Illl IIMI II II !! 1WWMHI"' WMMW ,MWmW9mm tMttwmm ,!.,, , - .) J J SHERIFF MARTIN'S STORY. I m rrnswx of the rioting and M 311001 ISO AT hi TTIMr.lt. m mii dimple won or Iho Brents That td i. to If" TraBMII- '""I JJi I nieiera M" KipI' Kllleil-llls Fell j leaded llrlrr rrortueed nt Iho Trial. I v-iKFnnnic. P.i.. March 1.- Sheriff Mnttln tM tieslnndlnbls own dofenco to-dsylntho IJiof tiimsolf and deputies for thcljattlmcr I IktotlnAon 10 " Ho made nn excel- ,ntniint. Ho was calm, well collected, and I 'old his story " a straightforward manner. It I ..nn eucllent Impression, nnd seemed to I rrTCCii Hon " "- The Jury followed bis words with tin- c!o0Jt attention, andnbsoluto lllence pro ailed In tho crowded courtroom abllo be spoke. The cblcr polnto of tbo Sheriffs testimony -tre that In response to tho demands of tho coal tompsnles in the Hailcton region for protection K, their tlitcatened properties ho had gono to theclty of llazletonand had sworn In men as oiDUtlt' whom he had evcrv reason to bcllcvo to be good, trustworthy cltlrens: that ho had taprcMcd upon them not to use their firearms unit" the" "ns th0 dlrcst nece88lly l0 ,avo hls rthtlrll'eii 'bat his life was In danger when lbs dcputl" shot nthattlmer. but that ho had iotclven tho order to Orei that ho had. never btenablo to find out who had given tho order tofirr. Mr Merlin's testimony was not given until town'rd ibo middle of the afternoon session, isil his cross-examination had not been con cluded when court adjourned In tho even Inr. The morning session was taking tpnlth hearing tho testimony of somo 0 tho minor witnesses as to occurrences (tut before and after tho shooting and with ether little odds and ends. William II. Taylor, aoartltt employed on tho Wllkcsbarro Timet. uld that on Sept. 3 he had marched with tho strikers nil day and had takon photographs of thcin at various places. Iheso photo graphs were iroduccd In court and of rcreJ In evidence. A picture of tho sceno It McAiluo showed a largo nsicmblago of people, most of whom were armed with largo clubs. Thomas A. Harris, bookkeeper for Calvin, Pardee & Co. lit Lindner, succeeded Taylor on Ihe stand. He said that on Sept. 7 ho had scon tte strikers come. Thcro wero about seventy fltcottheoi. Many of them had clubs and Iron bars. One man In tbo lead fired his revolver In the air rnd then n man standing next to tbo wltncs tired loth larrcls of his shotgun over the strikers' beads and they ran away. As they wrreRO.ng be beard one of them sav: "ou have had jour day to-day. but wo will come back to-morrow with 0.000 men." On the afternoon of Sept. 10 tho witness, who had been iworn In meanwhile as a deputy, was t No. 3 breaker with somo otner deputies, uhentbey heard that tho Sheriff was coining and the rnii to mrcl him. As tho witness and Officer Cook. Calvin Pardee, Jr., and John lvulp were walking along tho railroad track they beard a shot. 1 be witness said to tho others: "There is toing to bo n light." Then tbev went on toward tho Sheriff nnd his men. Thewitniss then hoard two more shots andtbenaiolley. When tho witness and tho others got to tbo scene tho shooting had ceased. The time that bad elapsed was less than halt a minute. George Thompson, Superintendent of tho Lo klzh Traction Company, In llazlcton. tho next witness, said that on tho afternoon of fcepu 10 be had acted as a uiotorman on n special car tbstwentto IVcst Iluzlcton. There bo siwono company of deputies lined up on ono side of the street, another company across the street, and tbo strikers on tbo other side. The strikers nearly nil had clubs or Iron birs and seemed to be in a ery ugly mood. When the strikers had left on tbclr way to J.nt timer the deputies bonrded his enr and bo took tbenito Littiinir. At Harlclgh tho car passed tbestrlLers again, and the witness saw that they 1 stlllcarrlcd clubs. Tbodcputicsloftbiscnrntthe snlraacc to Lnttlmcr. nnd ho took tho car to the terminus of tbo load in Laltlmer village. On bis return, when he w still almost 000 yards from the line of deputies, bo beard a vol ley. When he camo to the scene he saw the deputies assisting the wounded. Sheriff Martin was then called to tho stand. After saying that ho had been olectod Sheriff of Lucerne county In tho fall of 1803 and had gono IntooHce lo Januury, 1800, Mr. Lenahan read his commission and proclamation and put them la evidence. "Tell mo where ou wero and what you did when you received word that you wero wanted In Luierne inunty," began Mr. Lenahan on tne V direct examination. "1 was In Atlantic City on Sept. 4." replied the Snirllf. " when I rocrhbd a telegram from my thief deputy tint troublo in tho llazlcton region demanded niv prosence, and that my at torney thought it best for mo to coma back at onccto Wllkcbarrc. I did so ntoneo. and on Monday Mint with my attorney to tho olllco of (ieneral Superintendent Latbrop of the Lehigh Vallcv Coil Cnmpnny. llesldes lr. lathrop I ulso found Mr. Stearns, President of tbo Cro?s Creek Coal Company. Both men told me that their properties had been dlmaccd bv riotous striker'), thnt they wanted protection for them, and If nuy further damuga was done they would bold mo responsible for it. As it less said thnt there unsulso trouble at tho collerlesof the Lehigh and Wilkesharo Coal Com pany, lacked that Superintendent Li wall bo sent for. He enmc, nnd I advised him toarhl trate with the men. Mr. Law all said ho would do thai. "My atfrncy, Mr. Korrls, however, advised me tbat I bad hotter go to Hazletnn myself nnd sector lunelf lion I hlngs stood there. I went, arid stlhe station In llazlcton met Mr. Zcrbcv of the L-hhtli Vnjlcj Coal Companv nnd Mr. Arlo Pia't of I'ordeo & Co. I told them lost I hnd roino thero to preservo tho peiee. and that I did not want strikers from other counties to come Into Luzerne. Uo fore I Inil gone to Luzerne I had homo proclama tions rimed. Mr. I'latt and Mr. Zerbey both told me that their men, although sitisfled with theniigcs I lies wero getting, could not work, sihci had been drl en otf by strikers. As I was not very well acquainted In Hazlo ion, I asked .Mr. Zerbey whero 1 could get good )1"l ,0 o'lfinic a posso, and Mr. Zerbey said last a Mr. Ihoiuns llall would be a good man to fo that for me. I sent for Mr. Hall and ho camo in the course of tho afternoon. I told him to jet mo Kood. sensible men. who could bo de pended on not to lose their heads, and ho prciilicd to do so. Then I telegraphed to rhTirfsMerur C.irhon and Scott of Schuyl ti.i lo meot inu In Haletou, us somo of tbo iiireatriiid collieries wero situated in tboio iZ ; 1 ,Thl'J o-imo. and wo agreed to lssuo n joint proclamation calling upon all rioters to fiJ!"?? ",."1 ,0 obev tho lftw Those proclnma lions I ,ad published In tho papers of lluzleton, ., '"'t "me night I found t-fght-sovcn men Msemiicd in ou empty store in Hozleton nnd ore them In as deputies. They wero tho men Pro: red for mo as a posso by Mr. Hall. I nskod I1ttm whether they wero all citizens and they .;2I ,' c- ' nt,K'd thcn whether they I? i '.'!'i"t Ml0 '" preserving the peace and iSi. le "" repllf'l Tinidlv I asked joeni niu'ihr r any compulsion had beon exertod lo Impress them Into service and they all replied "-., 'ben I administered the ontli." ..,,. h,li,n"lI'":iloiis did you glvo them I" In terruptp,! Mr. Lenahan. .. d 'b0"1 'o keep cool under all cir cumstances, not to hurt anybody and not shoot aiitbudy unless It was absolutely lar'I''iV .'. )'d,. "ot wa"t n- "hoot Lari I Woodshed If I could avoid ft. As I sa heard that a crowd was coming the rn,...T 'am MeAdoo, U ordered my posso to K1,"1? y.uo same placo tho next morning at ?h.. nTh?r cnn" O"'1 n" '""d guns. Win frm! irlno''- I'wllevo. Whore they got them jroi.il do not know. My orders to them had thiv.l."ifo!!"."ll"fl)ay wo "'t tho strikers at Bii,7.,i,,1,tl1f,,"lr,PI,lnlf- 'I hoy wero begin antu throw blnmi-t at tho men working there, sol Ho'Vi1'1""1..1'81" "nrt ,ol(1 them they must ehiV? 'V'-.SI'.'iiy "f tlimu noro armed with mo ir'Vi ' ,tl"""'l't there would bo no ..?!,. 'tf'' ' ."l'nl bo"10- Heforo I went I arwdn . d Suinul J'rko ns my thiol deputy und SJ"', "and Iboiiias lull us ciimuinndnrs of uffi '",, " "10 'ollnwlnir morning I wus iiUrf,.1' "'"'on und swore in deputies. I lh. ,, ,,(;l" 'he sanio questions and givo tbeni llazluu'i" ' " U,ul kUc" tho oeputlesat Ithl'.Cr .''""rlblng tho occuncnecs nt Crjstnl rXftr "!'ver1 Meadow, and Cranberry, tho .oirtr tame mIohii to tho encountor at West '..',.- ""on Sept. lo. said ""JiV!0 ""ly'1 Rt "'' Hazleton," ho tod;..r.'i1il,,'lw,w,lul kln'1 ' n crowd we had be i,, ll'',' "',l' !" my deputies: -Thero may cool " 'Wo .bore but for God's sako kcop um. i.1 ,l0n-.t !,ho',l "nk'8 u ls "bsolutcly that i, ' " he," lho "lob c-"110 closer I saw Iron H,"a "liied with clubs. sledgL-hninmarr, ,, Jt- "I'd the. like, and soemod to be ina yelfo in '.'!"oJ, ""'I t""lon them, but they Cd rn?h l,Mt lhKi """Uu't stop for me. that I ben ''" l?"1-;. '" "') to them, Hint I should ,:o to I ,i V".lc'' '"" "" sun " o names. Proilai, V., ,0 riftl,0'J , 'til llieiii. took out my tm, 'Bni"ioiiaiid told them what tbo law was. oj"l" '" lV,;,y,ty kept on jelling thatthcy then. t"i.t" '-"'tlinor to cliaso out the men them ti . i ' ,lrew' "'J' ovoHor, told ord L,i ''," ' " "10 hherltl und again they i,i""'nl. t0 "10l'- l "'ey vepllod that that i '"?', ,caro n liwiin who 1 wast togull'1,;,.,,lrt", .,ou tue'- Tl'oy wonted MiLi "'"''" m tbaso nut the inentlmra eoaiii I, ".' '"T" clmseu out. Seeing that I file r ''"oiHheniuloi.e.I called for four or ,'", !" deputitH, who were slundlng a little their, . .L'."1"'"',' ",l"' rhey came, and. taking 1Vk .lwl''.","l'w",,'"IU!,1'0ll "bo crowd back. told n'. ! ,V' f Pe-l"orj standing around, and I itrk.r"u"'eyliai1 ""'"er go homo, as tbo i wi, ,i .CJ, '! !l vor5' "' wood and I couldn't .1,"Jl, "light happen. , to mlS),,,"ii"1!1 attempted toinduco tho strikers ! tef i.,,V" " but wiue of tbem cried. me no cltl- I fce'ov. .IJ"llttt ' Ploasoaudsoon.' They told I sue over uud over again that tbey were bound to ft'1-! , v co to Lattlrnor to chase the men Ihoro out. A "lX8.! Tll?nt to me that I could do nothing with them there, I thought I might try to slop them nt Lattlmer nnd took a car with my depu ties for that place. " When wc got to Harlelgh wo saw that tho strikers had stopped and were holding a kind of meeting. As I saw that they wero bound to go on to Lattimor I ordered tho car to proceed. At Farley's wo all got oil and tho strikers saw us standing there, but t hoy went on. So 1 ordered my men to get on tho car again nnd we wont ns far as thocntrnncotoLntllmer. Then we got off nnd my mon llnod up partly alongside tho road nnd partly across It, 1 again said to them, 'Keen cool and don't get excited.' "I told them that I would try onco more to stop them nnd then If thoy refused, to let them go ns far ns tho breaker ami then stop them. No ono can any what I felt by this lime. I was tlrod and almost Played out and nervous. I knew this was tho wnrsl crowd wo had como across yot and I thought iny tlmo was up. So when ono of tho doputirs asked mo whether n should not go along with roo when I went to meot the striken, I said 'No, It's enough If ono man gets killed.' Well, tho strlkors came along whooping and yelling and making a lot of noise. I went out nbout 200 fcot to meot thorn, nnd. taking out my proclamation, I again told them to stop. Uut thoy yelled buck at mo that they would not stop, and olosed around mo and tried to grab me. "Then I drew my revolver and tried to shoot It off, but It would not go off. A man grabbed my hand that held the pistol, and another man seized me. Thou two other men lovellod rovol vols at me nnd another lunged at mo with a knife. This fellow I tried to shoot, but again my pistol would not go off. " Then n fellow bit mo a tremendous blow on tho sldo of tho face and I went down on my knees, and the crowd closed around mo. Just then the shooting begin. When tho shooting was over, and It did not last quite half a mlnuto. I got up from my knees and I went back to the line of deputies. I spoko to Mr. Prlco and others and told them to tend at once for ambulances and wagons to take tho wounded men to tho hospital and also to hind up the wounds of the woundod mon there. Then I told some of tho deputies to stand by tnolr guns, as the mob had not really dtspersod yet, but were standing In groups of fifty to ono hundred away off. Then my deputies shouted to them, ' do on, go on,' and thoy went over the hill." " You say your pistol would not go off, nnd that vou handed It over to the county dotco tlvo I" "Yes." Tho pistol was produced and offered In evi dence It was still fully loaded. On cross-oxamlnation conducted by Mr.Scarlet Mr. Martin sold that ho was qultosuro that ho did not glvo tho ordor to tire, that ho did not hear any orders given, nnd that his tirst question after the shooting had been whether tbore had been any order glvon to fire, nnd If so. who had given It. Neither Mr. Pries nor Mr. Hall could tell hlni nnd bo hnd not been able to find out to tnls day. Nor could ho over ascertain who had Hred tho first shot. The cross-examination, so far It went, failed to shake Mr. Martin's tosttmony on any material point. Tho onlv points of any account nt nil tbnt were brought out. were that tho Sheriff did not know who fuTntshod tho guns to tho deputies, nor how nnd with what thoy wore loaded. Ho said ho had had nothing to do with thorn. His cross-oxamlnatlon will bo concluded to-morrow morning and then tho deputies will go on the stand. OEOHOE JIOOItE SMITH, GENERAL. Defeats Cot. (areeae by One Vale and ITU! Command tho Firth tlrlsade. Col. George Moore Smith, commacder of the Sixty-ninth Regiment, was cleclcd Brigadier General last night to command the nowly cre ated Fifth Brigade of the National Guard. Col. Francis Vinton Orecnc, commander of tho Seventy-first Hegiment, was the only other candi date. The vote was 0 to 8. Tho olection was held in tho armory of the Soveuth Regiment. Hrlg.-Gcn. James McLeer, commander of the Second Brigade, presided. The now brigade ls constituted of the Seventh, Eighth. Sixty-ninth, and Bcventy-flrst Itcgl ments and tho Socond Battery. Tho Held offi cers of tho regiments and tho commanding officers of tho battery had votes. They are: Col. Daniel Applcton, LieuU-Col. KIpp, nnd Majors Abrams nnd Conover of tho Seventh; Col. Chauncey, Lieut. -Col. Jarvis. and Majors Illdabock and Freeman of tho Eighth; Col. Smith, Lleut.-Col. Duffy, and Majors Lynch and Spcllmun of tho Sixty-ninth; Col. Greene, Lleut.-Col Downs, and Majors Francis and Smith of tbo Seventy-first, and Capt. Wilson of the Second Dattcry. All voted. Tho polld wero open from 8 to 0 o'clock. Thero were many officers at tbo armory, besides tbo electors. It seemed to bo tbo prevailing opinion before the result wns announced that Col. Urceno would win. After announcing tho result of the vote, Gen. McLeer. who was In full uniform, turned to Col. Smith, who stood a short distance away In evening dress, and said: "Col. Smith, it gives mo great pleasure to de clare ou elected to tho olllce of Brigadier Genernl of tho Fifth Brigade, National Guard of the State of Now York, and in making such declaration I cnngrntulato j ou and tho Brigade on the result of tho election." Col. Smith bowed gravely, nnd. In a low volco, said: "General, I thnnk you for your kind words nnd I thnnk most heartily Ihoso who Imvo con ferred upon mo this honor." The ncwlv elected Ilrigndlcr-Gcncral lives at l,iaJ M-imson avenue. He has a rountry placo at Say vlllo. L. 1. Ho Is a lumber merchant nnd Is n member of tho New York Athletic, Build ing Trades, Uulll, I'rcsbj teriiin, nnd Forest Luko clubs. He enlisted in Company II, Sev enth Itcgimcnt on Arpll 20, 18U1. On Juno II, 18(11. bo was mado First Sergeant, and he was promoted Second Lieutenant Juno 0, ISM!. He went to tbo front with his regiment nnd served until July '-'1, 1803. Ho wns mnden First Lieutenant on Juno HO, 1804. nnd nn Ilcc. Ill, 18111, wns iiindo Captain of Company G. Ho oecama Major on April 8, 1870, and Lioutunnnl Coloncl on Mnrch 0, 1881. Ho resigned from Ihn Seventh Hegiment when ho ivns clcctod Colonel of tho SIxtv-nlnth on Aug. 0. 1805. Mil) or Strong inado hlni a Police Commissioner when Col, Grant resigned, and Mayor Vun W,ck removed him. Col. Smith must pass tho cxnmlnatlon prc Bcrlhcd for n Hrigadlcr-ncnoral before he gets his commission. Tho talk last night was that Lleut.-Col. Duffy will be elected to tho command of tho Sixty-ninth. JlATMAIlItET tfEEPElt JJV OOVJtT. Detective Teatiry to flrrlns Thieves and Prt tllulea In Ills Place. Tho examination of Edward C, Corey, keeper of tbo Haymarket at Thirtieth street and Sixth avenue, who was arrested last Thurs day night for admitting disreputable women nnd thieves to bis nreinisos, was begun In the Jefferson Market Po'Ice Court yesterday after noon. Laywer Abo Gruber appeared for the defendant, whtlo Assistant District Attorney Thomas J. Byrne prosecuted. Policeman Kyan of tho Wost Thirtieth street station testified to having entered tho place nbout twentj-flve times in tho last few weekr. nnd said that ho had seen on an nverngo 100 -vomen who wore gaudy clothes and htd painted faces. Twenty-five of theso ho know to bo prostitutes as he bad arrested thoui on several occasions. Ho said that ho hnd horn tollcltcd tbree times during his vlsts to tbo Haymarket. Policeman O'ltourke of tbo Fourth Inspection district said tbat ho had visited tbo place sev eral times slnco September, and that he bad noted that about one-third of the women en tered without escorts. Detective Dale, when examined, produccd'.the Klciurcs of eight men and two women which ho nd taken from tho Rogues' Gallery. They were pickpockets, green goods and confidence men, while the woman wero shoplifters and budger game workers. All those, no said, ho had seen in tho Haymarket ropoatcdlv, Magistrate Deuel adjourned the caso until to-morrow at S P. M. rins iiivcic comes to aRirr. Uut Ibe Parrot Policeman Smllb nelurnad to lis (Inner Is Sated. When on tho way to what proved to bo a trivial tire In tho tenement at 111 East Fourth struct, about 4 :3() o'clock estcrday morning, tho n-nr uxlo of truck 0, which Is stationed in Elizabeth street, near Prince, broko just as tho truck wns bolng turned from Dlecckcr street Into tbo Bowciy. Tho horses wero going slow for the turn, bo nobody was hurt. Ono man re mained there to guard tbo truck, anil tho others, with hooks nnd nx.es, ran on to tho tiro. One of tho occiip nils of tbo building, Mrs, Orngcs, had a pet parrot which sho earned out whun tho fire whs discovered, She mid that sho thought agre.it deal of Iho parrot lecaumi when oni-o It Hew away It hnd been returned to her b) Policeman Fioierlrk Smith, who wnsiifterwnrd mutdori-d In tho Church of the Most Holy Re deemer In East Third strejt. .Vll HPOltTJXO CLUB WAXTS IT. Democratic Club 1U Another onr for the OU Ken lrb Aililellr Club llniiae. The Democratic Club Is said to have decided not to sell tho Now York Athletic Club house, but, Instead, Is considering an offer to rent tho building mado by a syndicate composed of mon who wish to use tho building for n rlub similar to the National Athletic uud tho Phenlx Ath letic Club of Ijondon, where high grade boxing matches nnd similar sporting ecnts can bo held. A member of the committee which has charge of the disposition of the property said yesterday tbat tho syndicate's offer would probably be accepted. It ll for a tea year lease. IS DEVERY TO BE CHIEF? HE TAKE COItTTtlOUT'S PZACE AS 21'OVLZAail'S l'inST AID. Corlrlsht Inreeerls Illn In the Cemraand f lh let District The Trnasrer apposed to Indicate Tbat McCutlaBh Will llellre and Tbat Devery Will Stea Into Ills Ihoes. Chief of Police McCullagh made a movo yes terday, for which ho publicly nssumed responsi bility, but which ls said In Mulberry street to havo been Instigated by tho presiding gonlus of tho Democratto Club. Ho ordored tho transfor of Deputy Chief Moses W. Cortrlght from Man hattan to tho Bronx, and the newly mndo Dop uty Chlof, Patrick II. Dorery, from tho Bronx to Manhnttan. Chief McCullagh said, when asked for what reason tho transfer was mado, that It was a natural ono and should not oxclto curios ity, and implied tbnt It was for tho mutual comfort of tho two Deputy Chiefs. This Impli cation derives a shade of Inferential probability from tho fact that Devery lives at 410 Wost Thirty-third streot. whllo Cortrlght Uvos at 037 West 140th street. Before tho Institution of the enlargod muni cipality, howover, Mr. Cortrlght was tho single Deputy Chief, and, whllo Conlln was absent, was acting Chief on diffcrentoccaslons. During tholongyoarsot his service In tho Police De partment his record has been a good ono, and, during his Captaincy, ho was used freely nnd generally by the Central Department "tocloan up" precincts. Ho was known as a disciplin arian, n Captain who enforced orders without regard to consequence, yot who never "played to lho grand stand," as tho saying Is In Mul berry street. The Itov. Dr. Parkhurst, during or after the time of his lubricous peregrina tions, said that ho knew that thcro wore two honest Captains In tho pollco forco Cortrlght nnd one other. When tho Loxow Committee pursued Its Investigations horo Cortrlght con tinued his unobtruslvo course, and was not ac cused cither of "offenslvo partisanship" or "pernicious activity," nor did ho tnko any no tion that, ns far as tbo public was informed, drew upon himself bostllo criticism. Devery, as ls well known, was removed from ofllco by tbo old Polico Board In response to clamor Induced by tho Parkburst-Lcxow rovo latlons, and fought his way back to placo through tho courts. By reason of this ox perienco his namo has been more before tho public than has Cortrlght' g. It hns been known generally ever slnco Tammany Hall's success at tho polls last Novcmbor thnt Dovcry wns to bo ronatd for tho porturbatlon to which ho had been put by his trying tiost-Pnrkhurst ex periences, not the least potent reason for this partial rocomnenso being tho known friendship for lilm of Richard Croker, a friendship which hns existed since DovcryS patrol days. As soon as tho nresent Police Board camo into olllco It promoted Dovcry from Captain to lnspoctor, nnd left open ono of tho Deputy Chieftaincies provided for by tho cburtor. It was commonly understood that this open olllco wns to be Devcry's lator. Under tho charter tho board hnd the right to ad vanco all members of tho old forco ono grade without competitive examina tion. It was gcnornlly supposed that any further promotions must bo upon competitive examinations. Very recently tho Pollco Board ndvnnccd Inspector Detery to tho post of Deputy Chief and brought him from Brooklyn, where bo bad nt first been dctuilod ns Inspector, to the Bronx. President York wasquotcd as say ing thnt tho board had the opinion of Corpora tion Counsel Whalen that this action was law ful. Mr. Wbnlcn was quoted as saying that bo had glvou no smh opinion. "Well, tho board did it." was Mr. York's comment. " nnd that Is tho best evidonco tbat the board had tho right to do It." Tho politicians of Mulberry nnd Mott streets look upon the installation of Dovcry In Manhnt tan as n preliminary step to his promotion to the chieftaincy. It Is said among them that Chief MiCullngh would not bo reluctant to quit tho forco uftcr he has paraded at Its head noxt June, nnd that even If ho did object to retiring it could bo mado expedient for him to do so, nnd thnt. In such nn event, Dover.v would bo innile Chief even nt so earlv n day. Rut If that should not be, as Doputy Chief for Manhattan ho has tho next most doslrablo post in tho department, or what an old New York policeman, as Devery is, would regard as such. Tho Pollco Board held yesterday nfternoon a meeting which was late, partly btcause Presi dent York was engaged earlier in the day In hearing pollco cases in Brooklyn. The moottuir, as has been customary undor the present board, was hold in private If the Commissioners dis cussed in any way the pollco movement which was of chief public Interest vesterday tho ex change of places, ordered by Chief McCullagh. of Deputy Chiefs Cortrlght nnd Doterj tho board took caru that no Information on this point should bo given to tho public in tbo rcgu lar report of tho mooting. Tho session lasted two hours, from nbout 3:15 till .ri:10 o'clock. Tho botrd porformed the welcome task of In creasing tho salaries of the confidential clerks nf Commissioners Sexton. Hnmllton, nnd Philips from $1,750 to 'J,500. Tho men directly benefited by tho board's action nro D ivid Ryan, clerk to Mr. Sexton; P. 11. Dunn, who it Mr. Hamilton's clerk, and Charles M. Wlnant, who performs confidential duties for Mr. Philips. Janice B. Mulvy, who wns Tammany Alder man from tho Fourth district In 1885, wns np pointed confidential clork to President York, nt tho eaino salary tho other confidential clerks are to receive, $2,500. The salary is to run from yestcrdnv. Edward F. Curly of tho park pollco of Brook lyn was dismissed the force. Alvnh G. Wilson of tho Fifth precinct. Brookly n, resigned from the force. Tho board considered the Chief's report on tho applications of three nthlctlu clubs for li censes, but the report wus not acted upou. AS TO CUMULATIVE PEXAZTIEB. Provisions of the Chnrtrr Ilrlil bv Justlee Cax nor lo ile Unconalltutlounl. Justice Gaynor, In tho Supremo Court In Brooklyn yesterday, directed the discharge of Teresa Kenny, who had been committed to tho workhouso undor sections 710 and 711 of tho charter, and In doing so held tbat tho method In which sho wns committed was unconstitu tional. Tho sections referred to provide for cumulutivo punishments for persons convtctod repeatedly of public Intoxication, disorderly conduct, or vagrancy. In bis opinion Justlco On) nor Bas: " It seems to mo that this statute Is vlolntlvo of tho prohibitions of tho Federal and State. Constitutions against depriving any person of 'life, liberty, or property without duo process of law." Thero Is no such thing as due process of law without notico of hearing to the person to be air ec tod in his rights and opportunity lo bo heard thereunder. "In order to hold tho petitioner mora than five days under this commitment (tbnt being tho term prescribed under n lirst commitment), tho statute In question empowers tho superintend ent of tho workhouse, uud then tho Commis sioner of Correction, to detormino, without pro viding for any hearing to her, that sho ls Identi cal with n person who has mined ono or more former terms in tho workhouse, and than to punish her by depriving bor of hsr liber ty for n term proscribed lor such nn habitual offender. It thus plainly allows her to bo nun lshod, not for tho offence sbo was convicted of before tho Mngistrato, but for being n former offender, without requiring that sho have op portunity to bo hoard on tho question of fact whether she is such an offender. This Is de priving bor of her l.bcrty without duo process of law, "Entertaining theso views. It Is my duly lo dlschnrgo tbo petitioner, for sho Is probably tin ablo to stand tho cxptiiHO of nn nppoal; but, if nn appeal lie taken by tbo District Attorney, it should be brought on by consent of tho peti tioner's counsel nt once, in ordor to precnt protracted uncertainty in ttio administration of justlco boforu lho magistrates." 'lho sections of the chnrlor Involvod In this caso merely rccniiclod existing legislation. TEACHERS LOSE PER CENT. Nome tu 1,11110- laland f'ltjr lleallin oa Salary WnrrnuU ut a Ilia IMfCuunt. Somo of tho unpaid school teachers of Long Island City sold lliolr salary win runts estcrday at n discount of 8 por cent. All of tbo touchers would lmvo taken advuntago of tho offer, hut tho purchaser did not wnut to luicst such a tnrgo amount of money, Thoso who could not sell their warrants plniod thcni In lho hands of Superintendent nf Schools Demurest, nnd ho will ndopt the million! Comptroller Color und bring suit against the city of Now York fur tbo money. It is understou 1 that tho only oppobl Hon tu tho suit will bo such btcps us uru uci e sry to keen tho legal record complete Tho Judgments obtained by t tin teachers yill Lo paid out of tho general Judgment fund of tho city, VALUATIONS IN QUEENS. Hempstead Town Aaanaaor rinds Consolidation llrduero Valuation Throe-rlclilbs, Assessor Titus of tho town of Hempstead has completed the work of apportioning tho prop erty In tho town taken Into tho borough of Queens. The record shows tbat 4,238 pieces of land h-.vo beon cut off from tho town, reducing tbe total assessed valuation about three eighths. Of the lots la tho borough section 2,250 are on maps of laud companies. The total ussesied valuation of tho illy end of the town Is tllyutly in excess of ,000,WW. nonouait of brookztn, roll re Telecraph Operators nt Commissioner glials Culling Salaries. Ex-Police Commissioner Parkor yesterday got an order from Justlco Gaynor of tho Supremo Court directing Mayor Von Wyck, tho Board of Estimate, and tho Police Board to show cause why thoy should not be compollod to rescind their recont action In reducing the salary of the eight operators at Police Headquarters In the borough of Brooklyn from $1,850 a year to 91,000. Tho order Is returnable on Monday. Justice Gaynor has nlto granted James II. Ma son nn nltornatlvo writ to test tho legality of his removal ns general clerk In the Tax Offlco by Commissioner Fcltner. Pollco Commissioner York yesterday flried Po liceman Michael Madden of the Fifth nventio station thlrty-flvo days' pay for being drunk, absent from his post, nnd abuslvo to his rounds man. Leo G. McGownn of tho Leo avenuo sta tion forfoltod twclvo days' pay for being absent for twenty-four hours without leave. George W. Rogers of tho Gates avenuo station was noti fied that he would have to pay his lust debts or that the money would bo doductcd from his saUry. Charities Commissioner Blmls of the boroughs of Brooklyn and Queens has dismissed Charles Gannon and James Vance, lnrstlgators, and Gilbert Hicks, storekeeper, and abolished tho pl.iceB. He also mado tho following reductions In salaries: Bernard Lamb, chief clerk, from ? 2,500 to $2,300; Danlol J. Doyle, bookkeeper, rom 91,800 to 91,700; J. Short. Jr., clerk, from ! 12,200 to 82,000; George Brown, clerk, from 11,800 to 91,000; Frederick Goodhue clerk, rom S1.800 to 91,000: Patrick' Uroll, In vestigator, from 91,200 to 91,000; J. J. O'Connell, M. D.. oxnmlnor In lunacy, from M.80O to 91.000; W. II, Bates, M. D.. examiner Inlunncy, from 91,800 to 91.000; Balzar Kin kcl, ineBscngcr, from 91.000 tu 9000; Charles Krnitshaar. clerk, from 91,500 to $1,000; Wll Ham Sullivan, clork, from 9000 to 9720: W. Ham Murray, superintendent of tho almshouse, from $1,800 to 91,000; A. E. Collins, head nurse, from tlioo to 9120; P. McQutre, keoper Morgue, from $1,000 tn 91.200. ... Robert T. Brown, tho Democratto leader In tho Twenty-eighth ward and 8ocretarr of the County Commlltoc. vestordsy succeeded John K. smith nB Secretary of tho Park Department. Tho salary Is $3,000 n year. Doputy Commissioner of Sowers Brennanhss nppolntod Patrick Fallon cashlor nnd Jeremiah Cronln assistant cashier of the borough depart ment at salaries of $1,800 and 91,000 respec tively. In tho recent assignment of municipal Jus tices, Justlco Nou was assigned to Justlco Fur gueson's placo at Fort Hamilton. Justice Nou refused to accept tho arrangement, and tho re sult wns thnt no business could be transactod at tho Fort Hamilton court yesterduy. IIo also refused to surrender li Is placo In theState Street Court to Justice Van Wnrt. Tho estimated expenditures for new buildings for which permits linvo been Issued during too weok foot up 5-224,505. At tbe meeting of tho borough School Board last night a resolution was adontcd providing for nn addition to tho Erasmus High School at Flatbush for the accommodation of 500 more pupils. Tho work ls to bo completed In September. MUNICIPAL ASSEMBZT SCIZEUES. 930.000 for Charter Daj Peidltn' Fees Aanlnst Nlcbt Hanlilng or sfemapapero. Councilman Christman (Tarn.) presented to tho Council yesterday a resolution providing that In the erection of buildings by tbe city the work bo dono under two contracts, ono for tho inside work and one for the outside, and tbat no ono contract be mado forthoentlro erection of any building. The resolution nlro provides that all material and workmon, so far as prac ticable, bo procured In tho city of New York. This schemohns long been a pet plan of the Cen tral Labor Union. Tho resolution wns sent to tho Committee on Public Buildings, Lighting, and Supplies. President Ouggcnhelmcr presented a resolu tion requesting tho Board of Estlmato and Ap portionment to set nsido $30,000 to help defray tbo expenses of tbo Charter Day celebration. A similar resolution was presented in tbe Board of Aldermon by President Woods. In each body tbo resolution was roforrcd to tho Flnanco Com mittee. Tho Municipal Assembly received a communi cation from President Haffcn and the Board of Local Improvement of tho Bronx recommondiug that the namo of Waldorf street be changed to Ferncllft placo. Thp street. wblch.bas not been opened, runs through property owned by John Jacob Astor. Immediately north of his property is a largo lot owned by Wllllun. Waldorf Astor. Thereon est for tho chango In namo is mado by Henry B. Ely, representing John Jacob Astor, who points out that confusion ns to the owner ship of tho property may nriso In the public mind if the chango is not mado. Fcrncliff ls suggostcd for tho namo of tho street, that being tbo title of Mr. John Jacob Astor's country pi ice on tho Hudson. 'Iho Municipal Assembly has not acted in tho uinllor. Tilt: ALDtCUMES". The Aldermen's Committee on Licenses re ported un ordinance ) estcrday which provides that cart poddlcra pa S-15 n yoar: push cart peddlers, $10, and basket peddlers, $0, with pro vision lor ncwBpaper, fruit, nnd other commer cial stand". Tho Hrookljn Aldermon hao op posed nn Increnfio in llconso fees in their bor ough. The ordinance was finally adopted ns a whole bv n vote of Wi to 22, tbo Brooklyn Alder mon voting against it. Alderman McCnll (Torn.) Introduced n resolu tion prohibiting tho hnw king, crying, or selling of liowspiipcis in tho public streets after 7 o'clock P. M. except In cases whoro the uuwspa pors contain "extra or special now8,"when tbev limy be hawked, Hold, and cried up to 10 o'clock P. M., and no lator. The resolution was sent to lho Law Committee, Alderuinn Hjrno (Dcm.) proposed thnt lho Dock Department bo nuthorlzed to expend $25, 000 on a rccre.itlon pier nt tho foot of Clinton Btrect, Brooklyn Tho Flnanco Committee got his resolution. Tho board passed a resolution permitting tho General Committoo on Charter Day Celebration to hang banners on lamp-iiosts, and instructed tho Park Committee to hold a public hearing on a proportion to name tho small park at Houston, Stanton, Pitt, and Sheriff streets Kossuth square. PATS TO CALL TRAMPS TRAMPS. Cltj Has Ixit a. Lot or Hints Money br Po litely SUllac Them Vntrnnls. The Commissioners of Accounts have made a report to tho Major concerning the commit ment of vagrants to Blackwell's Island In the past seven years. The report states that of all tho persons arrested for vagrancy in the old city of New Y'ork from Jan. 1, 1801, to Jan. 1. 1803, not ono was committed as a tramp, and tho city lost thousands of dollars therobv. Tho Stnto Is obliged to pay 30 cents a day for tbo keep of each prisoner committed as a tramp, but nothing for those committed ns vagrants. The report says thnt at least 00 per cont. of tho 40.51)5 prlsonors sent to the Island ns vagrants wero really tramps. Nothing could be done, however, towni d recovering thenmount duo from tbo State for their keep, becauso tbe records of the commitments contained no ref erence to tramps. Mayor Van Wyck will send a copy of tho report to oach of the City Magistrates. NETTSPAPER MEN IN OTTIOE. Am Chler or Heeret Rrrvlor, nmutv Vtrs Itlar hal nnd Chirr Deputy V. s). Marshal, George E. McQiiaid, a newspaper man, was appointed Deputy Flro Marshal yesterday by Firo Commissioner Scannell In placo of Michael O'Sulllvnn. removed. Salary, 2,000, W. P. Hnzcn, who was superseded recently as Chief of tho Secret Sorvlco Bureau by John Wllkie. a Chicago nowepapcr man, took charge jostcrilay of tho New York olllce of the bureau, relieving his brother, George W. Hazen, who w ill ho in ch.irgo nn tho Pacillo coast. United States Marshal Khea has appointed John A, Stewart, a newspaper mnn, Chief Dep uty Marshal. I'ralae Tor Street Cleaner HcCartnejr, At a moetlngof the West Side Public Improve ment Association yesterday a resolution was adopted approving the manner In which Com missioner McCartnoy Is running the Street Cleaning Department, lho association also de cided to do nil In Us power to uld Commissioner MiCiirtnoy to keep thoBlrcetsup to their pres ent standard of cleanliness. The Hlinre Itottd at fort Hamilton. Elijah R. Kennedy, President of tho Shore Road Commission, returned from Washington 5 estcrday, and stated that tho bill now bofore Congress prov tiling for closing tho Shore roud within tho military reservation at Fort Hamil ton would bo defeated. Htroet Ilullroads Paid Ibo CUT SSI.ase. lo In I HUT. According to a statement prepared by Comp troller Coler tho total receipts of the old city of Now York in 1897 from percentages, franchises and car license fees of street surface railroads was 9351,883.10. January Pay or Brooklyn Toacbcrs Iteady, The warrants for the January payrolls of the School Board of Brooklyn have been signed by tbe Comptroller, and tho money, 92411,007.37, will be available at once for the salaries cf the teachers iu that borough. -11.1., -1 . TROLLEY CAR INJURES SIX. a Bonooz ouNinvs overiurned IN ZESOX AVBNVE. Rear Wheela Bmasbrd, and It Is Pushed with Its Occupants ritxr Feet Along tbe Track Tbe Hones linn Away Five Children and Teacher Urulaed and Otherwise Hurl, An omnibus of tho Rood Institute, a echool'nt 23U West 130th street, in which wore flvo chil dren nnd n teacher, was run down by a Lonox avenuo under-trolley car yesterday. It has been the custom of tho Institute to send tho omnibus, which is known to every ono In Har lem, to tako the smnllor children from their bousos to the school. The omnibus, which was driven by Timothy Collins and was In charge of Mrs. Julia Reed, tho mother of tho principal, set out on Its customary rounds yes terday morning. At 0:30 o'clock, having collected nil but ono pupil, tho stago started up Lenox avenuo. At 134th streot Collins turned his team In order to cross tho track to the other sldo of tho avenuo, whero tho remaining pupil restdod. Tho omni bus had almost cleared tho trolley tracks when n north-bound enr crashed Into it. The rear wheols were smashed, and .tho wagon with Its seven occupants turnod completely upsldo down. Tho avenuo was crowded with women at the time, and they screamed to tho motor man to stop tho car. IIo was unable to do this nt first, and tho stngo wns pushed nlong tho track, Tho horses, which hod been thrown to tho ground, began to run. Tho shrill erics of tbo children mingled with tho shouts of tho on lookers as tho overturned stage humped nlong for about fifty feet boforo Policemen Hochter and' Flannory of the West 125th street station managed to catch and stop tho frlghtoned team. In so doing Hochter was trampled upon, be sides having his uniform torn. A crowd of over 1,000 persons had mean whllo collected. Tho door of tho stngo was broken open by tho policeman, who started to help out tho occupants. They wero all piled on tho floor, struggling as they vainly tried tu gain their ftet. Mrs. Reed, who is 00 yoars old, was lying partly unconscious in ono corner. Blood wns running from two cuts in her hond nnd hor dress wns torn tn sovernl places. Tho children woro taken out ono by ono. They wero nil bruised or othorwlse injured. Following aro their names: Dix. lUnuv. 0 years old, of 138 West 130th stroet: long cut on lho left aide of the face. Its Is a bom of Uenry N. Dli. Doi;, IUlf.s, 0 years old. of 370 St. Nlchotai ave nue; cut and brtilsid on tbo bead and face. She la the daughter of Thomas A. Doc, chief clerk of tbo Popnrtment of Street cleaning. (loui.D, Jaie, (I jeara old, or 484 St. Nicholas an nuo, bruised on tbe left arm. Her mother ls a wldotv, who ha, come recently tn New Yo:k from lluffalo. Oaiiauik, M inruKFj, ogeil a Years, of 225 West l.'llithetreot. liruUcd nn head and shoulders. CUiisick, IlEitBcnT, aged 4 sears, of the same ad drew, similarly brut'ed. John rt. (larille, thrlr father.la a wholesalo shoo dealer at 131 Duano etreot. All but Jano Guuld were sent to their homes. Tho car mean whllo had continued on its wav. Tho policemen, however, had learned that It was In cluirgo of John Jchnson of -132 Manhat tan avenuo. Ho was accompanied by James Flynn, whom ho was breaking In. At tho tlmo of tho accident Flynn was in chargo of tho motor. Owing to his inexperience ho was un ablo to stop tbe car in tlmo to avoid tho colli sion. It was brought to a stop by Johnson, who was foiccd to push Flynn aside. Both nen were later on arrested, hut wero discharged by tbo Magistrate in Harlem Court, as thero were no witnesses present. TXIB MURDERED OERMAN SENTUT. Ifo Political Slanlflcaneo In tbe Tragedy JTtar Ulao Cbou Ilax, San Fiiancibco. March 1. Reports from Klao Chou Bay show that tho recent murdor of a Ger man sentry was an net of prlvato vengeance. When tho nows of a probablo attack on Cblmo was received, a dctachmant of German sailors was sont to Chlmo. Tbey missed their way at nightfall, and persuaded an old Chinese to act as their guide. Tho old man's son, who lived in Chlmo but was paying a visit to his parents, was angry be causo his father consontod to act as guide, and followed the party. When ha reached Chlmo he found that his opium shop had been robbed. This Increased his rago against tho foreigners, nnd seizing a knife he ran at the German sen try, and boforo tho man could ward off tbo blow nearly severed bit hoad from bis shoulders. The sentry 11 red a shot and then foil dead. Tho Boldiors rushed In and captured tho mur derer. He was a small, feoblo-looking Chinese and the marvel was how he could deal a blow which nearly decapitated tho German. DONNELLY SHOT JUS NEIGHBORS. Ill' Tbree or n Vnmllr Whose Children Had Quarrelled with Ilia Children. New Brunswicic, March 1. Bernard Don nelly of South Amboy wen', to tbo homo of bis neighbor. W. O. Maxllcld, Inst night, and after a few angry words drew a revolver and fired three shots, oach taking effect on somo member of Mnxflcld's family. The cause of tho trouble wns n quarrel between children of the families, who live on Ilordentown avenue. Donnelly called Mnxlleldtothodoornnd asked in an nngrv voice, with an oath, why he allowed his children to throw stones nt tho Donnelly children. Maxllcld attempted to closo tho door, Donnelly drew-his revolver nnd fired three allots Into tho house. Tho lirst passed through tho flcshypartof Mnxilcld's arm. Tho second shot struck Mrs. Maxllcld In tho nrm, passing out ut tbo shoulder. Tho third shot struck W. O. Max Hold, Jr n boy of 7 years. In tbo leg. Donnelly fled. Ho was arrested lator by Marshals Mlnnlck and O'Toole. Ho was held under $1,000 ball. ItEAD TI1E ItBTTARD FOR HIMSELF. Allesjed Murderer Weaver Quickly liloapprared TVblle n Mnn Went Tor au Ofllcer. Eastov, Pa March 1. Adam L. Wcnver, the fugltivo Bucks county murderer, is bolng pur sued by otllccrs In tho northern part of this county. IIo stopped at Charles Lutz's hotel on Monday, lloand Lutz woro acqualntod. Lutz did not know Weaver was wanted for murder. During the afternoon Lutz received a poster telling of tho murder nnd offoring a reward for Woivor. Without saying anything. Lutz hui rlcd to Portland for an ofllcer. Unrnrtunntely ho left tho pootrron tho hotel bar. Tho loungers picked It up and all, Weaver among them, began lending it. The next minute Weaver was gono. Tbo last seen of hlni ho was running across fleldB toward the mountains. Tho ufllccrs Lutz brought back ore looking for tho murderer. vSTBHP' It isn't much troublo 5rz5 'or a rea"y healthy man to be good humored. Jollity and rxtiulierant health arc a pro verbial combination. The hearty man who is always laughinp; doesn't have any trouble) with his digestion, It hat been said that laughing makes people healthy. The truta is that health makes people laugh. It is impossible to estimate the tre mendous influence of health upon human character. A man with a headache will not be in a happy, contented frame of mind. A man who suffer, from a v.cale stomach and an impaired digestion will sit nnd crumble through the best meal ever prepared A bilious man who is not a bore, is deserving nf a place in n museum. A nervous man who is not pettilent and fault finding is a curiosity. All these con. tlitiotis lead tu grave diseases, when the victim becomes not only disagreeable, but dependent as well A wise wife will rial ize that while the old saying that a " man's heart is in his stomach," is not literally true, it is n fact that liU stomach sweetens or son t s his character according as it Is healthy or unhealthy Dr Pierce's Golden Medical Discovery is the best of medicines for the conditions described. It makes the weak stomach strong, the impaired digestion perfect, invigorates the licr, purifies and enriches the blond and tones the nerves It tears down half dead, inert tissues and replaces them with the firm muscular tissues of health. It builds new and healthy nerve fibres anil brain cells. It dissipates nervousness and melancholy and imparts mental elasticity and courage, It is the best of all known medicines for nervous disorders. 'Through our skillful treatment I am once more a well man " writes I N Arnold, Ksq , of fisndy, Logan Co Nebr " I suffered for yea and could not find rrlirf until I commruccd taking your 'Uoldeu Medical Discovery ' I suf fered with constipation and torpidity of liver which resulted in Irritation of the prostate aud Inflammation of the bladder I had only taken one bottle when I found great relief. Tbe niedl cuc has effected a permanent curs." FAKE WMB TAPPERS It ADDED. Tbey Are Let Co, bat lho rellee Confiscate Their Iloxns Plant, Two men who were arrested undor fictitious names In Sixth avenuo lato on Monday by De tectives Armstrong, Vallely and Itoldy of tho Central Ofllco woro discharged in Iho Centre Street Court yesterday on tho statement of tho detectives that they had arrested tho men on suspicion and that they bad no evidence on which to ask that tbey bo hold, Tho mon gavo tbo names of William Oakloy nnd Gcorgo Kauf man. Tho pollco took possession of somo tele graphic apparatus that they found in two rooms used bv tho men, dipt. McClusky snld thnt tho men woro sup posed to bo professional wire tappors; that they had tho tolcjraphlu Instruments set up In the two rooms, apparently connected with tho street nnd the genernl telegraphic system, but really connected only with catli otbor, and thnt the men entrapped any gullible bettors thoy could get hold of on the representation tbat they bad tapped tbe wires and had early news of the results of tho races. Tho strangors did tbe betting nnd tho "wire tappers" profited. dipt. McClusky expectod that tbo prisoners would be discharged. Ills objoct In ordering tho arrests was attained wbon ho had cleared out the rooms of the "wire game" men. IIo snld thnt somo of tho same gang had bocu caught in St. Louis for swindling a man out of 85,000 nnd others In Philadelphia for doing a man out of $2,000. Of course, their dupes wero also trying to do crooked work. ZONE STAR LINE COMES OUT AHEAD. The Boycott or Texas Railroads Defeated Tem porarily br tbe Courts. Oalvkstun, Tex., March 1. After several days' deliberation Judgo David E. Bryant of the Federal Circuit Court this morning perpet uated an Injunction Issued sevoral weeks ago restraining the Santa T6, Missouri, Kansas and Texas, and International nnd Great Northern Railroads from demanding prepayment of charges from tho Miami Company, oporntlng ns tho Lono Star steamship line betweon hero and Now York. Tho demand wai mado as a boycott by the Southwestern Association lines against tbo Lono Stnr line, which Is a rival of the Mor gan nnd Mallory lines. Judgo Br ant bolds it Is In violation of tho Interstate Commcrco act. Tho case will bo ap pealed, but meanwhile the roads are restrained. Tbat ls practically a defeat of the boycott. NORTIUTEST RATE WAR. airport or tbe Trunk Linn Committee ea tbe Chances or nn Adjustment. The report of General Passongor Agents Rob erts of tho Erlo nnd Daniels of tho Now York Central, who formed tho commlttco thnt went to Montreal to look into tho rato war In tho Northwest, wns submitted to the meotlng of the Trunk Lino Passenger Commlttco yestordny. Tbo proposition or Messrs. Roberts and Danlols that rates bo restored on March 14, preparatory to a conference of nil lines lntcrostod on March 17, has not yet been accepted. Efforts nro still making by tho Trunk Lino ofllclnls to bring nbout n, conference. It ls not oxpocied tbit tho points of dispute could bo thus adjusted, but a basis for arbitration might bo established. Baltimore and Ohio Chango or COclala. Baltimohe, March; 1. The following changes nmong tho ofllclals of tbo Baltimore and Ohio Railroad wont into effect to-day: Edward S. King, commercial freight agent nt Baltimore, transferred to Philadelphia, with tho same title and duties; H. W. Atkinson, chlof clork to Gen eral Freight Agent Dalle hor. promoted to com mercial ireight agent nt Baltimore, In placo of Mr. King, und J, R. Bell, n clerk in tbe general freight olllco, promoted to chief clerk. In place of Sir. A'klnson. Roger E. Lewis has bocn ap pointed a contracting agent of tho railroad. This appointment is along tbo lino of promotion instituted by tbe recclvors. Texas ItallroadsMuatPay tbe State HI, 000,000 Dallas, Tox Mnrch 1. Final Judgment was rendered yesterday afternoon by tho State Su premo Court, in session In Austin, in cases of tho Stnto of Texas against the Houston and Texas Central nnd tho Galveston, Harrlsburg and Snn Antonio railroads for sums approxi mating $1,000,000. The money was loaned to the roads by the State from the publlo free school funds in 1800. Dill to Repeal iaulhrra Paelllo'a Charter. FrtANKronT, Ky March 1. Representative German Stout of Woodford county this morn ing introduced in the House a bill to repeal the charter of tho Southern Pacific Railroad Com pany. This company docs business on a chartor passed under laws of this State, but has refused to pay its franchise tax ns other companlos have dono. Suit is now pending In the Cir cuit Court for $50,000 for such failure. It Is on this account that too bill was introduced. Itew President or tbo Mobllo and Ohio. Mr. E. L. Russell. Vice-President of tho Mobile and Ohio Railroad Compiny, has been elected Prcsldont to succeed Mr. I. C. Clarke, who de clined re-olectloD, but who remains a member of tho Executive Committee. Mr. Richard Car roll has boen elected Vice-President and general manager. Tho other officers have been re elected. Mr. Carroll was formerly general man ager of the Queen and Crescent system. President Do Cnrmo or anarthtuore to Oo to CornelL PniLADELnttA, March 1. Dr. Charles De Garmo, President of Swarthmoro College, hns accepted an Invitation to occupy tho chair of pedagogy and philosophy nt Cornell University. Since tho fall of 1802 Dr. De Garmo has been nt tho hoad of tho Quaker co-educational in stitution, and during that period hns rnised tho curriculum there to a high stan dard. Ho has ulso been professor of phil osophy nt Swnrlbmore, nnd it wns Ills de sire to pursuo work on that lino which led him to accept tho offer mado by tho Cornell faculty. Dr. Do (inrnio is President of tho National Edu cational Association, and Is also known through n series of elementary text hooks which ho compiled. Receipted Tor 810B,aa4,oan.0l. Philadelphia, March 1, Henry K. Boyer succcedod Herman Kretz to-day as Superin tendent of tho United States Mint. Tho formali ties of tho chango were very brief, considering tbe magnitude of tho property which figured In tho transfer. Mr. Boyer gave Mr. Kretz a re ceipt In tho form of a general acknowledgment for 17.1l8,tII3.U In cold bullion, $118,521. 4211.117 in allver bul'Ion. $0,748,080 In goldcolu. SMI8.032.228.25 In sll cr coln.$32.n01.52 In minor colnago ruetnl. $08,405 in minor coin. $112, 41)0.05 in currency, nnd $808.05 in coins re served for assay. Total. $103,051,023.01. Mr. Boyer took receipts from the coiner, meltor, nnd nssaycr. and gave his awn receipts to thoso heads of departments In exchango. Oov. Uasllns-s Uolna to Calirornla. IlAnmsnuno, Pn., March 1. Gov. and Mrs. Hastings and Miss Hastings, 'Senator and Mrs. Cochran and Miss Cochran, and Attorney-General and Mrs. McConnlck will lenve on Thurs day evening for n trip of thrco weeks in Califor nia. Gov. Hastings feels that he will ho pel fectly safe In leaving tho State at this tlmo, as ho does not regard the rumors of war as at all indicative nf imminent danger. Gov. Hustings went to Philadelphia this nfternoon. Ho will bo nn honorary pallbearer at tho funeral of Wil liam M. Singer!)-. Ribtiis Trlro Am In to Uet llacL. A LIU NY, March 1. Among tho cases nrguod In tbo Court of Appeuls to-day wus that of Former Pollco Captain Joseph H. EnklnsnfNow York city, who npne. iln from n decision of ll.e Supremo Court In the first dcpaitmcnt on mo tion for n writ of certiorari to review tho nctluu ofthuNcwork Polite Commissioners in re moving him. 'Ihlslstlip second time Ibo ense has been before Iho highest court, tho former decision nniini; been against Kukliif. Clunlos P, McClelland argued tbo caso for Enkius nud Theodore Connolly for tno Board of Pollco Commissioners. The IVrnlbrr. March failed to "coma In llko n Hon" In nearly all parts of the country, 'fliere was a moderate depres sion exlendlne from tliu upper lake rradon and upper Mlslslppi Valley snutlinrest to anuthcrn Trxas. Over thl" belt tho wratlier was cloudy, with light ralu In I arts of tbe suulhern scctlou and Hcht enow. F.lae where over Ibo country tho weather was fair aul mild. In this city Ibnday was fair: highest official tem perature 41', lowest lit', average humidity no per tent , wind weklt-rl,!, aierage tIoclty Id miles an hour; barometer corn ct'd to be read to aca lei el at b A It UP ll1.', 3 1' 11 '.'i Oil. Tho thermometer at tbo United Rtatea Weather Ilu- rrau registered the temperature yeslnrdaraa follow s: 1BIIH. 1HD7. lhPb, 1MI7. VA.II, . .81' 41'l PM ... .40- HU- 18 H .. . oil HI' 1 . 117' .lh' Sl'.M .S'i 4lfiU inld . HO' :u- wasiiiNuTov roiiKusT ion wmr.sp.r For .Veit; Englahil nnd eastern A'fu York, fair; variable u'ln, becoming nori.eaa'e n't, fur the District of Columbia, Maryland and Vir ginia, fair, followed by threatening weather at nlghti easterly winds. Fur eastern Pennsylvania, New Jersey and Dela ware, fair) varltbls winds, btooinuui taitorly. J i . . . . art The Spring overcoats now on sale go fast, but you can lasso " ' & one if you don't put off till to- 1 morrow what you can do to-day. " Long or short; brown, black , jj or Oxford ; serge or silk lined ; '7"Jn f men's or young men's'.' 1'-ri J Men's, tO-ssrjeilnedHlB, sllklln-d. " -'"' 'ff Young men's, (8 sergollncdi (13, silk lined. ,, .,. You can rope in au odd coat, mj-.v 4 vest or trousers at the same ,v time; perhaps a complete suit i.'.w $ last Spring's. ? $ Coats, 5 ; vests, $1.50 ; trou 7i Ja sere, $3.50. ' " - $ .-sut-O, Igj Rogers, Pket & Co. w Prince and Drosdway. . fio vV; Warren and riroadway. . f. Thirty-second and llroadway. " i& Don't Mf Travel- ; j TelepEions " f For Service apply to I Wi 1TBW YORK TELEPHONE CO. 1 . . 'M CONTRACT OFFICES I til-, W LllC.rtlaodt, l5Der, 951 Droadvay, 113W. jSth H i '- gram"" 11 an mini, 111 iniimfi Jfi Holdfast I Eye QIasseSo ? f No care, no worry to keep them in place. a 'SS Slip at onco exactly whero thoy ought to go ,' jp and stay there, no ninttor how much you 4 vij nod or Jump about. Schmidt Clip attached " Sj to any glasses for 50c. Circular FREE. 2$ Oculists' Prescriptions filled. Factory on premises. w. Quick repairing. OPEN EVBMNOS. l'houc lWUS-tl. W, F. O. Schmidt, 1 Optician 1 6 East 42d St-SdMhffa I FOR ON EW E E K 1 ri.AZ.t. BOX 4'OITIIKS, AM, II tin. HIS, f,f Cannot bo duplicated for less than t?2.30. J IRON BEDS, J8.30. 8D, S4 to 30. f sS BRASS BEDS. 1B, 122 50, 123 to T5. , iioiuBiitin MATTrtEssr-s io ibs.) am. no. ' 3 Sole Mfrs. of tho Imperial Double border Bprlnsj - ? tT and Elite Woven Wire Mattresses and Cots. B. FITCH & CO., t 1 FURNITURE DEALERS. ' $ st w;st 4 a 11 nt. - M Factory, 43, 433 Wcat 1 3d St. " W ' ! PART OF A IIUILDING COLLAPSES. , Jgj 'Si hi Twenty .Veaarb Workmen Ilacapo Injury, but w fl One la Mlsbtly Hurt. $jj An Iron girder sllppoi from Its placo In a ' -li building undergoing altorntlous nt 010 Hroad , ' street, Newark, jesterd.iv morning nnd parts of S the flooring nnd of tho brick side walls, of the . old and new portions of tho building in tho see- " .5j ond and third r.torles gavo way and crushed 1 into tbo cellar. Jloro than it scoro of workmen - had sutllcicnt warning to got out of harm's way If and escaped Injury. Kroderlck Hcyinan. a brick- w" layer, who was at work ou n srnffold at tho fourth floor, went down In tho crabb. but fortu- A nately landed on top of 'ho broken timbers nnd $ bricks, nnd when tho dust cleared away It was SG found thnt his onlv injuries wero n few cuts and . j bruises ou his fnco uud hands. ' n AIMED AT llEOril EltS; HIT. I NEGRO. JK Brother or a Former lomhlleld Town officer j- y Vaem a I'l.lol In a Fniiilly tlimrrcl. -1 Harry Keelcy, n brother of James I). Kcclcy, ' ; former Town t'lerk of Soutblleld, Statcn Island, "' 01, was arrested jctcidny In Clifton for assault in M the first degrco In nttomptlng to Bhoot two of 4$ his brothers, William und John, nt their homo W on Monday night. Tho hoys got Into a family . quarrel and Hurry drove the other two our of the house at tbo point nf n pistol, Afnvthcy if- cleared tho door hu flred tbico hbots nt them, tf? Neither was lilt, but 01111 of tho litlllcU found a 'h lodging plnco In tho thigh of Pierre Btobnll, a - colored man. fetobnll'8 injuries aro not serious, Wr Kecley was locked up. Jersey tltj'a Water FlEbl. $ The Hoard of Streot and Water Commission- . ersof Jersey City wns sorved with n formal no- J" tlco yesterday by tho Morris Canal and Hank- 1; lug Company and Ita lessee, tho Lehigh Valley . Itailrond Company, calling nttcntion to tho feet 1?. that some of tho bids forn now water supply for thu city, presented on Teh. '.'ll, lb!), propose li ,y take waters for the iibo ot Jersey Cltj whlih K havo already been appropriated and nro In pub- W Ho uso for tho purpmesof lho Morris final, un- r dor legislative authority, nud cannot t.icrcfoio, 9 the noilco dcclaics, bo dlvortcd und upprouri- R ated to other uses, 'J. Ijamjer Church Ruing Tor nil 0,000 in Frra. fp Frederick A. Ward has bocn appointed by j Justlco (inynor of tlio Supreme Coin t In Drook- 'I lyn, referee In thu suit ut ,ir James C, Church apaliist the 'n nu Kleetrlc Itnllio.ul 7, Company in iccuver s-IHi.liOii, ulileli lie inserts t is due him fnr legal cci-vltct. The company con- tenda that Mr. Church's bill is excessive, A Annual Uaios u.u.-o.OuO 000 Boxeo t? FOR BILIOUS AND NEIIVOUS DISORDERS f. sueli ns Wind nud Tain in Ihn Btoinneli, ' (llddliii'is, rtilii(ist iiftor nieuK Head. 4. iii'lii-. JJlzlni'ss, Druwhliuw, l'lunhlnui j? of llP.lt, JaH-4 of Appuilto. Costlvoiiosh, lllotclicH on t-io Skin, Colli CIiUIh. Vl- $' tiirhcil Sleep. I'ri.'lilful Dreams nnd nil '& Nervous nml TioinblliK Hensntlonn. ?? THE FIIIST D03E WILL OIVE EELIEF IN TWENTY M1NUTEB, i:orynuffcrcr 1? will ucknowlodgo them to bo A WONDERFUL MEDICINE. I IIIIIX'IIAM'N I'lM.s.inkon ns direct ed, vrlll quickly pMoio ruma'cs to com J.'. idctii health. They primptly rcinmn $ obstructions or irregularities of tho sib- torn nml cure Mrli lleatluvlio. rgro. y Weak Stomach Impaired Digestion Disordered Liver IN MEN, WOMEN OR CHILDREN f Boocham'o Pills aro Without a Rival! f And hTs tb t LARGEST SALE - or a 11 7 Patent .Mndlctno in the World. i 25o. nt all Vne Stores. y ) ' k ......... - 1 I T- fc.lMj.riflS