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The sun. [volume] (New York [N.Y.]) 1833-1916, October 06, 1898, Image 3

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ataa rt if, ttr wno wnz rmr
1 MxrLAnr rt away.
---a.etlen the " Alter
4 i.ertlo. ef Caort stoeorde a
,1rh It BoOght T
tttt n volt's CendldaegfeQrT
D.rlng Jngglerr wttti OStetol Bt
.nti Woilrf To In th Attempt t Eat
Hint In a Wrong Mgw Beter tbe rwMto.
pw.lmlleof n "doctored" oourt records
.hmc of Tammany' sxtraordinary
'til. tn manufacture a fraudulent campaign
Lament In the New York Supreme Court de
jjni Col Theodore Roovlt of New Tork
T-atdrnt' of the District of Columbia-are
Li. in Tbi Bus thla morning. Theee
leWwere made from the "Baeord of Note.
5Li." In the offlo of Calendar Clerk
. m. Court end plainly allow how a
Tw mao of the tiling, by Assistant
wTratlon Connsel John H. Ward, of
Kote of Issue In the Roosevelt certiorari
dln.er th eelendarelerk had oloaed
Js,rtfmhr record and made hla return for
JL -cciTMl.to county Clerk 'William Sohmer.
TZ with the oorlea of the scratehsd-ont and
Citrllnl entrlei U a fao-almll of the receipt
E RnHmnber fces. given to Aeelstant Calen
tu Clerk fllaer hv Caahler John A. Wrede ot
JJ c,ontr Clerk's office on Friday. ttent. 80.
CLtherwIth a copy of the twloa-oorrected to
fclfootto In the clerk's record.
Th.Timmany ephemera, for whom thia work
amide by clerks who evidently had no eon
JSloaOf It serious Import, declare that the
strut "Irrpgularlttes" In the record are
"tlerlcal error" and " bad bookkeeping :" bot
a.r .re utterly at a loaa to explain how As-
VmFHtfo&lWral Www York whim
2. L,'.th Pl'trlet of Columbia. As s part of
ff aVTCi0 "Hjoad the case throughtb eonrt.
GjIS0 put down preferred oanaa. and
Lid Sftt1.1 ttorn knawtCU th clerk
M no rltht to do thla.
TBst turned back to aeotlon 783 of the oode
th. Jr.? .'" ?n thienoint. and read that in
iSJP" 'wTork no action orapeclal
Sr,f?ln ,"" b P'eoed a preferred cauee
JJS"1.? calendar of nay apeelaJ Urm of any
tte.,,M J,"?T!Ud ln tne general law. " but
EirL r derlng a preference of any oaose
oui.r7u,pon th. oppoelu party, with hla
KJJ?' ."lal. a notice that an application will
tf. lo th eourt at the opening thereof for
h. rmov the "me Preferred cause."
lkT; fv ?Uo "P'nj managers, Oct
EefWt .Uornej! oonoluded. were using
othSl.utytl,'rk' office to perpetrate a fraud
fcr Sj5.puf,ll0?n candidate. Jam. A. Speer.
tenrP??.veltl.'iJKul'b' hurried up Uthe
tow thVi?urt bu l,in " fl,ld out- " " oould.
ot nn .f"""" -rtlorarl prooeedioa had
ntrilL,t,e.l.Deferr,l calendar. Mr. ftpaer
went flmt to th. oftVe of Calendar Clerk Boeae.
ajrior.I,'" ",B P,0' ' '" in theBooaoyatt
"Tifrl1l,ro,'e,llnf? "ked
tuifA Uc!Vraent lin't in the offloa,now." ha
cKRl nei W il1 P01 't do,rn " Count
uT' ,,fth th oUl,r September notai
1 J IvTufrT1 t,:ld , lh,e ' wty Clerk' offloe
"It hL f ' '""y Clerk HhoreH FahrbaokT
1 sSien "'"'down to thilirinto'
av Mn U?ni,U '"oase around at 13 o'olook
w&nfu. S """ PaP?'. "Peer waa told
ofori '" '-!'lared in the Calendar Clerk'
p&tf'fi !uhJV.ruLy,,iii
11 I flalll I
VMawrateaaaa. The tapeewtbar reeord did not
maj tain an y menUon ultboeaew. The reeord waa
numbered rrotn 1 to STfK aadaftar thia Hat of
noaea of leaoa flled Oh BaM. alT the left day
under Mia law on wh Jeh note of laajiafor aha
Ootober Jena could be flled. wa a footlaaTto
Ink, K3S, the anm of the fS fee for the 375
aaaaa. And panted on tbe pace, below the foot
ing, waa thla receipt:
Kaw Toaa, October. IMA
Becetired rraai Tbeaiaa Bom, per F. Olaeer. ehynt
kwndred a4 rwanty-tn dollar.
&. torn A. Ware. Ouhlr.
When " Bpewrratnrned to the Calendar
Clark' office, after 19 o'clock, the note of tacua
he waa looking for waa all ready for him. It
was made out In the regular form and pasted
on the regular filing allp. On the baokitwaa
stamped with a rubber stamp:
Not. of ten.
jim yoma
The Olerk'a record waa unchanged. Whan
the ease was called In Part lit. Special Term,
on Monday morning, ft was on the basts of Mr.
Bpeer's lnveetlgatlon that Ellhu Boot, before
Jnstrce Daly, declared that the ease was Irreg
ularly In eonrt.
"No notice of trial has ewer been aerrad,1
said Mr. Boot. No record appears upon
the record of thla court of the filing
of any note of Jasua, and It I only by
Socldent that Mr. BooaeTelt'a attorneye
laoqyered that the ease was here only by
accident. The Corporation Connect U not in
3 position, having refused the stipulation to
laeontlnue the case, and haring put the case
on the calendar without notice to any of na, to
come here and do what he chooses with the
oasa In our absence and with our entire igno
rance. Thla case does not belong upon this
calendar or any calendar. "
Assistant Corporation Counsel Ward declared
that there waa a record of the filing of the note
of Issue. And so there waa. then, for the
record had been made that morning. After
tearing court. Mr. Spoor went Into Calen
dar Clerk Bocae's offloe and looked oyer
again the September record of notes of
Issue filed. The Roosevelt case bad been
recorded, as Tan Sum told yesterday. On Sat
urday there were three caeea recorded on page
116, under data of Sept. 21. In this waj: "'The
People, ex. rel.. T. L. Feltner et at., Hawke A
F.. J. Whalen. $3." No. 213 waa written out In
fall as It Is here given. Noe. 214 and 215. un
dernesth. were recorded ln thia way:
ate. do. do. da do. as.
lie. do. do. do. do. fa.
& y 3 yy
tbtb twicx-cobbxcted Foornre).
Showing anaar ad blue-peaoU oorrsotion.
was a demurrer entered tn the list
of notes of issue, so it appears, and
gwss entered in the record ln line
. as the law clerk who filed the demurrer
paid that amount as fee. The entry was: "88.
Beeves against Bushby at al. James SeheU.
E. M. O. 93." But there Is no fee for the filing
of demurrers, the clerk found, so he scratohed
out the entry and wrote In with a blue pencil:
"Void. Void. Demurrer." Then with bia
blue pencil he made the tooting on each page
3 leas, and marked a big blue "2" over the
"5"lnthe"825"at the end. Then, to make
the total right, he added "S3 " to the fee paid
by Assistant Corporation Counsel Ward, and
rewrote the total "SSio." Mr. Olaeer denies
most strenuously that he la "Inexperienced."
as one of the other clerks in the office declares,
and he is anxious to tell what little he knows
about the " doctored " record.
The Assistant Corporation Counsel Is In
Albany, representing the city In s case before
the Court of Appeals. When be gets back be
i 60AAC
will explain, ae the Tammany offloe holders
about the City Hall ay, why there wars snob
trans " Irregularities'' In his manner ot bring
Ins the Booaevelt oertipraii proceedings Into
eourt. But Deputy County Clerk Fahrb.uk.
whose aid was sought by Mr. Ward in getting
the esse on the calendar, says that tbe As
sistant Corporation Counsel 1 aa true aa a die,
and would never descend to auch olitlcal
trickery to make campaign skyrockets for Tan
Why the olerks upstairs got a little mixed
up." hs said yeaterday. " They have a lot of
work to do. you know, aad it'a a wonder they
don't make more mistakes. Yes. it wss unfor-
tanats that tney just happened to make a mls-
ttk In BooaeTelt'a ease. If the mistake had
been made an where else, why we would nave
never beard of It outside of tbe offloe."
Mr. Fahrbaok called Caahler Wrede. who
irought out the transcript of Calendar Clerk
loaawn schedule of fees received In September.
1 "his copy was made on Monday and differs
,-om the record ln the office book, tn that the
lawke A Flannery caae. Interlined in the book
tetween line 213 and 214. 1 numbered 21t).
and the number of each succeeding
eaas 1 advanced by one. Tbe whole
number of oases on the record ln the
County Clark's offloe is. therefore. 37U. Instead
Of 376. and at the end of tho reeord. to account
th. casMeroffloe on Bent, ttand, S102on
fieptaoTa total of $836. The record satisfies
Mr Fahrbaok and ha thinka It ought to aatlafy
TcSnaoTtne thinan thai Col. Roosevelt' attor
nayaare unable lo explain is why A aetata at
Corporation Counsel ward took his note of
issue in person to the Court House and
went to the Dsputy County Clerk for as
sistance, if. as the TaauaaayUea any.
J he proceeding wa entirely regular. Lawyers
trorflwsrom twfe,rb? lTeNaw
clerk ermstdersUiat It Isbeneathhl dignity to
run around to the calendar olerk' office to Ua
a note of issue. Bnt Mr. Fahrbaok admits that
j J "o." to nlm wl" " n of issue tn
'jyon needn't wnrry sbonl thst It will
be all right ib do this." Mr. Ward was heard to
say to Mr. Ishrback.
Tha Assistant ftorporatron Counsel aad the
Deputy County Cleric than went upstairs to the
calendar clerke office, with nothing else to do
then to lay the note of Issue with $3 on the
window shelf In Clerk Boose's offloe. so Mr.
"Ward and I are old friends, you know." re
nted Mr. Fehrback yesterday. " He oanie Into
my offloe yea. It waa Wwdnesday, Sept. 31
and said he had a note of leans he wanted to
le. He offered me the S3. I told him the
place to file It was upstairs In the Special Term
Clerk's office.
"Didn't hs know better than to soma down
"He probably had forgotten, abont It Ton
know that they used to file all notes ot Issus
with the law clerk down here, but the Appel
late Court made a new rule, and since then the
notes of Issue have been flled with the calsn-
rHow long ago was that V
" Abont two yearsTl think."
" Don't you think it was an odd thing that an
Assistant Corporation Counsel should have
been Ignorant ot a court rule In operation for
tworears f "
" Perhaps It was. But then, you know, ha
doesnt file these notes of Issue. He sands one
of his clerks over."
" Why waa It. then, that Mr. Ward same oyer
to file this particular notice ?"
" Oh. as to that, ne had a return to file ln the
Roosevelt case.'' replied the Deputy Oonnty
Clerk. "Aod.oteourse.it was Important. He
didn't want to make any mistakes In an im
portant case like this."
How did he get the ease put on the pre
ferred calendar?"
' He can probably tell you that"
"Then, you didn't exerotss your Influence to
hare the case preferred.
"No. not at all. I simply went up to tha
clerk's offloe with him because he asked me to
go along."
And you are sure that that wasnt Thursday
or some later day ?"
"Positively. It was Sept 21. the last day for
the filing of notes of Issue. The record ehow
thst don't they ?
otr, imntim f uiirfiKs AHfftti 1 A-y "avT
tavHHlaT I lwt
.vj - r Ctf wv. ?" sLjj L-rfj flter 4
. v. ) '. 2 -kimfA.. 4L. si
w vat jj&sjaiaLassssatK ttjsQtU, ' uu t SlS . fir1 I
T 1H I f- tf-JiZZZZ (?7$et
rsrte f a pat iksslsg hew a lesort of tee Slug et th. Rot of tsrn. wss mad. attar Ellha Bnt hd declared In court thst there wa ae reeord.
4 1 , . I. 1 .. I 1 .?
Ct Corporatloa Oounesl Ward had tha
rel t ease put on the Special Term calen
dar is a preferred cause in plain violation ot
, lh lsws of otvtl proeedure. with no other pur
OM.stemIngly. than by hook or by crook to
knelt Col. Booasvelt out of tha Governorship.
On Stturday morning, two days before the
psnloc of the October term of tha Supreme
Court, the New Tork Xate Journal the official
Ew paper of the city, printed the calendar for
Monday. At tha end of the long list of mo
tions and demurrers set down for Part III..
Ipeolal Term, w as thla paragraph :
nsrnns cicsr.
mT.VMPlssxr.Lv. y.itccT BooMV.lt A g. for
pU; J. Whiten tor est.
No other preferred cause was est down on the
Part III, calendar, and ln the entire calendar
tor the October term there could not be found
another ease from the Department of Taxes and
l Assessments. (Jo!. Roosevelt's attorneys could
i hot believe their eyes when they opened the
, i Laa Journal and saw that Col. Roosevelt's cer
tiorari proceedings were on the calendar. No
notice of trial had been received by Boose
velt A Kobbe from Corporation Counsel
rVhaleo. much less any intimation that
the case was to be placed upon the cal
1 endar as a preferred cause. Although
I willing to stake their professional reputations
on their knowledge of the ordinary provisions
of the Code of Civil Procedure, they referred to
the codo to see if by any chance tney could be
mistaken, for ln all their practice before tha
. Buprewe Court they had never known a Cor
it ration Counsel to make such an extraordi
nary use ot his political power as to have a case
fclaced on the calendar, and as a preferred
cause, without due notice to the opposing at
torneys, and. in the case of a preferred causa.
an application to the court for preference. But
' there was no mistaking the law.
At any time after the joinder of an Issus.
ana at least fourteen days before the com -
fnencement of the term." reads Section 677 of
he Code of Civil Procedure. " either party may
serves notice of trial The ra ty serving the
notice must file with the clerk a note of issue
T at least twelve days uefore the com-
tnencement of the term. The clerk must
thereupon enter the cause upon tbe cal
endar, according to the date of issue."
(And Section 980 reads. "Either party,
fc'tn has srrredthe notice, may bring tha Issue
to trial : and in th absence of thr adrertt parte.
Jnless the Judge holding the term, for good
pause, otherwise directs, may proceed with tha
cause, and take a dismissal of the complaint,
or a verdict, decision or judgment, as tha caae
The Corporation Counsel, so Col. Roosevelt's
attorneys saw. Intended to bring the issue to
trial without serving the legal notice, and. in
Weir absence, to secure. If possible, an order
from the Court reciting that the Republican
But when Mr. Speer examined the book on
Monday he found tho page as pictured In The
Sun this morning. TneRooeeveltca.se was en
tered on tbe 215 Tine. The name " Theo. Rose
velt" wrongly spoiled, too had been written
after the first "do.." while the third "do." had
been erased and " Roosevelt A Kobbe" written
in. The line appeared like thia:
215. do. Th.o. XoMT.lt. do. RoonT.lt h Zobbe.
do. SB.
Between the lines 313 and 314 had beta in
terlined the third Hawke A Flannery ease,
erased from line 215 tn make room for the
reeord of Col. Roosevelt's oasa. No number
waa given this interlined case, and the total
number of oases was Ieft275,and the tooting
of the fee column remained S82S. although the
addition of the Roosevelt case msde
the actual total $828. But Assistant
Clerk Olsssr. who affirms very positively that
the reeord baa not been "doctored." has found
another error in the September record, and, as
luck would have It. this error just balances the
Boosevelt error, leaving the total $825. There
One of the coincidences ot the ease, or, at any
rate the clerks in Corporation Counsel Wha
len 's office say it is a coincidence, is that the
record in the Corporation Counsel's office of
monies expended Is a little mixed. In reg
ister No. 3 there Is an entry of S3 expended
for the filing ot the note ot issue ln the
Boosevelt case, and the entry is dated Sept 22,
the dsy after Clerk Boese's office waa olossd
for th tiling of notes of issue for the October
calendar. But, on a blotter sheet", from
which the register record in made, the entry Is
dated Sept 21. Clerk Roaselat who has been in
the offloe twenty-five years, says he mads the
" blotter" entry, and that It Is all right; and
Clerk Costa, who made the register entry, says
he must have made a mistake, mistaking the
date " Sept 22 " at the head of the aheet for tha
date of the Item.
Now that Col. Roosevelt has paid his tax for
1888 in spite of Tammany, and tha plot to
cheat htm out of the Governorship on a techni
cality has been exposed, his attorneys are not
worrying over the result of the certiorari pro
ceedings next week. The caae will come up
on Monday In Part I.. Special Term, on the
motion of Col. Boosevelt for leave to dis
continue the proceedings, brought by his
attorneys, without his knowledge, while he
was fighting before Santiago de Cuba.
Justice Cohen's order, restraining any fur
ther proceeding until after the bearing and
determination on the motion to discontinue
prevents any further trickery by Tammany
offloials. Col. Roosevelt's attorneys are confi
dent that their motion to discontinue the pro
ceedings will be granted, and that will end tha
matter. CoL Boosevelt will be declared a
New Yorker by the Court Should, however.
the motion not be granted, Mr. Root will go
before Justice Sdytb on Tuesday, the day to
which tbe case was adjourned by Justice Daly,
and will expose the whole ot Tammany's at
tempted fraud and move to strike the case from
the calendar. Mr. Root believes the case will
be out of the courts within a week and that
Tammany will be heartily glad when it is.
The following letter Is self-explanatory:
To the Editob or The 8un air: Referring
to the article in to-day's Issue of Tax Sow
under tbe title of " Tammany Plot Laid Bare,"
I would aay that on Saturday, tbe 1st Inst, I
called twice at the offloe ot tbe Clerk ot t heSpeclal
Term of the Supreme Court and both times
examined the books In which the clerk keeps
the record of notes of issue flled In the pending
Broceedlngs. There was no entry or record of
lie Theodore Boosevelt tax certiorari proceed
ing ln the book. I made an examination ot the
book on Monday afternoon, after the
case had come up ln court, and dis
covered that the record had been al
tered and tbe proceeding entered on a line
which has been used for another tax' ease
where tbe entry required ditto marks only, as
tbe title was the same a the case on the line
above It The other ease had been Interlined,
but no number had been given to It although
opposite the title of every other ease there Is a
number, the numbers running consecutively
from 1 to 275. Very truly yours.
Nxw Yobs. Oct 5. Jims A Spies,
col. BooanrxcT r.v brookltk.
is Rac.pt I on at the Colon, League Club to
Be a Big Demonstration.
The managers of the Union League Crab In
Brooklyn have completed the arrangements
for the recaption to Col. Theodore Roosevelt
and Lieut -Gov. Woodruff on Saturday night
From the widespread interest ln the affair it
is confidently expected that Grant aquare will
be the scene of one of the most enthusiastic
political demonstration, ever witnessed In
The Committee on Political Affairs of the
elub yeaterday sent out this latter to tha meas-
"The Republican party has plased in nomi
nation for State offices men of high character
and ability, lad by that superb example of
American manhood. CoL Theodore Roosevelt.
"The Congressional nominees from Kinga
eounty are ail men of ability and tried capac
ity, fully In accord with President MoKiniey's
wis gfld judicious course.
"At this important crisis it is Imperative
that the Republican candidates be eleoted.
They can be 11 Republicans are alive to tha
issues and faithful to their duties.
"The Union League Club baa rendered the
party efficient servloe ln the past and will do
S3 tnlsysar If sustained by the olub mem
ers. The Committee on Political Affairs is
organised for work. We require fund, suf
ficient tor tho work, and expect to be liberally
sustained by the members.
"Checks should bs drawn to the order of
Jackson Wallace. Treasurer, and sent to the
Union League Ofnb."
John P.jlaeokel. the Republican candidate
for State Treasurer, was In Brooklyn yester
day and-nad a conference with the local Iman
aaars. Be said: "I have been making a tour
?t the State since the Saratoga Convention.
am more than confident of Republican aue
eees. The country districts will be strongly
for Col- Roosevelt. I am opnfldsnt the entire
State ticket will be eleoted." ?
The rally of the Young Republican Club, at
which Gen. Tracy and President Beth Low are
OoHy&deffr'oT SuaiF
"rnk.r Open, the Ohio Caaapalga.
Woobtob, O.. Oct. 5. -Senator J. B. Voraker
opened the Republican campaign ln northern
Ohio this afternoon. He arrived from Maw
&? uoM.rHkprai.T9:
Senator paid special attention to the Mate
tow Aim mAcr to itxak noM
la tha Fae af the Bsrsrt to Taaamanylt
the State, Republican and Independent.
Ju Hand nonry D. Pufroy, an Old
Tammany Man, Is Out for tha Ticket.
As aaeh day passes the Republican man
agers below the Bronx take additional step to
demonstrato to the Republicans and Indepen
dents fa all tha up-State districts that the Re
publicans and Independents In New York city
are working aids by aide In the com pie test
harmony for the election ot Col. Theodore
Roosevelt and the entire State ticket nomi
nated at Saratoga. The latest evidence ot
thla tremendous union of forces to prevent
Tammany control In New York State was the
authoritative announcement yesterday that
on Oct 19 tha Hon. Beth Low and Oen. Ben
jamin F. Tracy will sneak from the same plat
form at a Boosevelt demonstral ton In Brook
lyn. Mr. Low was the candidate of the Cttt
sens" Union for Mayor of Greater New York a
year ago and Oen. Tracy waa the'eandtdate
ot tha Republican organisation forces Sharp
things ware said during that canvass by both
Mr. Low and Oen. Tracy, and at ths tlms
there waa mora or less bitterness of spirit
All thia has departed and the two candidates
for Mayor against Tammany's forces a year
ago are now with their friends and supporters
standing shoulder to shoulder against the at
tempt of tha Tammany-McLaughlin machines
to govern tha State and the Legislature as
well aa New York city.
Tha Demooratlo candidate tor Governor Is
Augustus Yen Wyek of Brooklyn. His broth
er. Robert A. Fan Wyck. is Mayor of the city
of. New York, which is made up of tbe bor
oughs of Manhattan and the Bronx. Brooklyn.
Richmond and Queens. Under the new char
ter governing Greater New York the Mayor of
the city and the Governor ot the State have the
closest possible political relations. With Au
gustus Tan Wyok Governor and Robert A.
Fan Wyok Mayor his term does not expire un
til 1901 Tammany Hall and the McLaughlin
machine ln Brooklyn would dominate in all
State affairs. The McLaughlin machine in
Brooklyn, however, to a great extent has lost
Its Individuality for the reason that the Mayor
Is a Tammanylte. who controls the great pa
tronage of the city. The McLaughlin ma
chine, to a very great extent Is under the
domination of Tammany Hall. The Tam
many State ticket with Augustus Van Wyok
at the head, represents nothing but a deter
mination on the part ot Tammany Hall to
Tammanyize the State. That Is the situation
pure and simple.
Republicans and Independents who have not
een in accord for many years understand fully
the plot of Tammany Hall to secure complete
ascendency in the State, and it is the knowl
edge of this plot that has united all anti-Tammany
forces against Augustus Van Wyck's
CoL Boosevelt, Postmaster Tan Cott and
Henry D. Purror had a long talk at the Fifth
Avenue Hotel yesterdav afternoon. Mr. Pur
roy announced his Intention of oomlng out
.strong and straight for Col. Boosevelt and the
entire Republican State ticket. Mr. Purroy
was one ot Beth Low's chief supporters a year
ago ln the campaign for Mayor. For many
years he was one of the chief sachems ot Tam
many Hall. He is opposed heart and soul to
ths Tammanyixtng ot the State, and within a
few days. It was said, he will make his position
dear as the noonday sun.
The Tammany candidate for Governor. Au
gustus Van Wyck. visitedDemoc ratio State head
quarters lnitbe HoffmanHouse,yesterday, where
he had a long slk with Chairman Patrick Henry
McCarren.. Mr. Mo Darren announced after
ward that Mr. Van Wyok would open his cam
paign in tha Brooklyn Academy of Muslo next
Wednesday or Thursday evening, tha exact
evening to bs determined within a day or so.
The up-State Democrats who have visited
Demooratlo State headquarters within the last
forty-eight hours were more or less amazed to
observe that a great oil painting of Richard
Oroker. Tammany's leader, adorns the recep
tion room ln Demooratlo headquarters. It la
beautifully draped and occupies the place ot
prominence. In Chairman MoCarren's room
there were placed yesterday large paintings ot
Hugh McLaughlin and Senator Edward Mur
phy. Jr. Out in the general reception room a
little dinky picture of former Senator Hill
hangs. The three big paintings ln headquar
ters am those of Richard Croker. Hugh Mo
Laughlln. and Edward Murphy. Jr. Ot course.
there is a campaign picture of Augustus Tan
Frank Campbell. Chairman of the Demo
oratlo State Committee, arrived at the Hoff
man House yeaterday. After a consultation
with Chairman McCarren of tbe Executive
Committee all of the apartments on the third
floor of the Hoffman House on tbe Twenty
fifth street side were hired and will be thrown
open for business within a day or so. Every
thing Is on the most gorgeous scale at Demo
oratlo headquarters. Tammany Is deter
mined to win In this fight if tha greatest ef
forts and the largest expenditures "an bring
about that result Frederiok C. Schraub. who
was Chairman of the Demooratlo Convention
at. Syracuse and who on Tuesday night noti
fied Augustus Van Wyok of his nomination
tor Governor, said yesterday:
"The silver ticket or the Chloago platform
Democracy ticket for State offices will re
ceive leas than 300 votes ln the Btate ot New
York." Mr. Bchraub was the candidate in
1896 for Lieutenant-Governor on the State
platform whioh indorsed the Chicago plat
form of Bryantsm. free stiver and the other
doctrines of the Bryanized Democracy.
Some ot the up-State Democrats, while pro
claiming loyalty to Augustus Van Wyok. said
under; their breaths that If things turned out
right It looked aa though the Demooratlo na
tional ticket ln 1900 would be:
That is. Augustus Yan Wyck for President
and Robert A Yan Wyok for Vioe-Presldent
In ths event of the election of that national
Demooratlo tloket. Richard Croker's friends
said that ha was to be Secretary of War. This
is not a humorous story. It Is a plain recital
of tha declarations of Tammany men who had
other statements to make. For Instance, in
the event of the election of a Demooratlo
House ot Bepreaeutativee this fall. George B.
MoClelland. now senior Democratic member
on tha House Committee on Military Affairs,
would be Chairman of that committee, and
Amos J. Ou naming, at present senior mem
ber of tbe House Committee on Naval Affairs,
would bs Chairman ot that committee. Mo
Clellan aad dimming are Tammany men ln
vary breath they draw.
Tha ambitions of some of ths Tammany
men. awarding to tbe statements of their
friends, are limitless. Political schemes to
benefit Tammany Hail and Us ohlef support
ers for years to oome have been planned, and
tha attempt to elect Augustus Van Wyck.
Tammany's candidate for Govern jr. is but the
second step ln the determination to carry oat
these plans. Tbe election of Robert A Yan
Wyok. Tammany's Mayor of New York, waa
the first step in all these schemes.
This situation I ae united all anti-Tammany
forces below the Bronx, and, according to ths
best-Informed Kepublteana, has also brought
about a unification of all the anti-Tammany
fomo ln every city, town and crossroad ham
let In the State.
Vanrt tha RapaMleeu Nomination aw
Use Ballet
Nxw OsuuMs. La Got. 5 Secretary of
State Michel has refused to place on tbs official
ballot, the name of Judge H. B. Talltaferro.
the Republican candidate tor Congress in tha
Fifth Louisiana Congress district on the
ground that the Republicans did not poll 20
per cent of the votes in tbe district at ths laat
election, which they are required to do in order
to entfllr 'r'Tni to aomiaate oandiaatsa.
. iasna... . II"! iHWi.iiUii i.iii.i i era
nWA-g Aim MAMMA FOB) Wat JMtnTCaT.
irominale by Pasaeeiats ha taw Seeeaa
Jndlolal Dietrtet-ostkaefc far Bell.
The Democratic Judicial Convention tn th
Second district which comprises ths oonntlee
of Kings, Queens. Suffolk. Richmond. Bock
land, Orange, Putnam. Dutches and West
chester, was hM I yesterday In the County
Court House In Brooklyn, and wound up Its
labors la short order. The two nominations,
for the Bunrnme Court bench, to fill ths vacan
eiea caused by the resignation ot Justice Augus
tus Van Wyok to socept tha Gubernatorial
nomination and the retirement ot Justice
Jesse Johnson st tha oloeo of tha year,
were disposed of In accordance With
the decree of Hugh McLaughlin, the
manager of the Sings County Demooratlo
organisation, and were made without the sem
blance of a contest Tha nominees ere both ln
high official harness, one being Assistant Cor
poration Counsel Atmet F. Jenks, of tha bor
ough or Brooklyn, and the other District At
torney Joslah T. Marsan ot Kings county.
Until a few hours before tha meeting of the
convention tho friend ot Col. James D. Bell
were confident that he would get one of ths
places, ami they were grievously disappointed
when word oame from the Walldughby
street auction room that the state did
not bear his name. Col. Bell has been
used to political setbacks during the past few
years, and ho stood this one with his accus
tomed composure, merely remarking: "There
wss a lightniiiK change In the programme dur
ing tho niaht Tho convention proceedings
were not insplrlttnu. tho result, as every ono
knew, helnjr foreordained by an authority not
to be quest lonil
Assistant District Attorney Isnac M. Knppcr
called the delegates to order, and Euitene B.
Travis of Westchester county was chosen per
manent Chairman ana Michael F. McGoldrlck
of Kinjrs. Secretsrv.
Charles H. Hyde, a law partner of Mr. Jenks.
made the nominating speech for the Assistant
Corporation Counsel, nud Frank X. McCaffrey,
who waa appointed an Assistant District Attor
ney on Tuesday, nominated Mr. Marean. his
chief. Both nominees were describod as fully
measuring up to the requirements of the high
office and aa stalwart Democrats.
In seconding the nomination of Mr. Jenks
Augnst Ileynert. a Queens county delegate,
said: 'Lot us nominate this man and we will
show tho Republicans that we are able to put
un as good a light as did Dewey at Manila and
Schley at Saratoga. "
There waa an outburst of laughter over Mr.
Reyncrt's mistake, and he quickly substituted
Santiago for Saratoga. No other nomination
was made and Messrs. Jenks and Marean were
declared the unanimous choice of the con
vention. This resolution, offered by John M. Dagney of
Westchester county, was adopted:
Itrinlmt, Thst it 1. with deep resrret that the bar of
the Hecnnil Judicial Department et the fitaU of New
York is obliged to low the valuable i.rvioe. of that
le.rnfd and alii" jurist. Augustus Van Wyck, who has
so ablr dispensed Juatloe In this department for th.
past fourteen yean.
AVfoh-nf, That we find conaolation in the fact that
he ha. been called by hla party to Mrv. in a wider
field the pcoplo of th.Empir. State.
A committee composed of a representative
from each county called upon the candidates
and formally notified them of their nomination.
Mr. Jenks and Mr. Marean have long been
leading members of the Kings county bar and
Srimn favorites with the Democratic managers.
Ir. Jenks was originally a Republican, but
aftor the Blalno campaign became a convert to
Democracy. He served as Corporation Counsel
during the administrations of Mayors Chapin
and Boody. and was Judge Advocate General
on Gov. Flower's staff. He has been Assistant
Corporation Counsel for the borough since con
solidation. Mr. Marean hnd never held any
official office until his election as District At
torney last November. Mr. Jenks and Mr.
Marean will not have to resign their present
offices. Their Republican judiciary competi
tors will be Justice Jesse Johnson and ex
Senator Charles H. Russell or Fred A. Ward.
The Republican Convention la to be held to
Tammany s Only Real Orator to Be Re
nominated as State Senator.
Senator Thomas F. Grady, whose long ab
sence from the Tammany fold, when be was
most needed, brought him Into such disfavor
with hla chief. Mr. Croker. that it has been
common talk for eeveral days that he was to be
turned down tor good and all. Is to have an
other chance. It was positively asserted by
leaders in a position to know, at Tammany
Hail yesterday, that Grady will be renominated
for the Senate from his old district, tha
Thirteenth, this year. Grady Is bank and on
deck once more, full ot hla old-time enthusi
asm, and as anxious and willing to wag hla sti
ve r ton cue as of yore. Mr. Oroker has forgiven
him. and there is great rejoicing among the
rank and file as a consequence, for in the
whole organisation there Is not a man who oan
count so msny friends aa the silver-tongued
There ts little doubt that Mr. Oroker waa in
fluenced to lenity ln the case of Orady as
much by ths fact that he needs ths man as by
his old-time friendship for him. In all Tam
many Hall there is but one orator to-day, and
that one la Thomas F. Orady. Orady tilled the
place held so long by Bourke Oocfcran. after
that gifted gentleman was frozen out by Mr.
Croker six years ago. and the Tammany mea
are ot the opinion that he has tilled It well.
Croker has never had a man In Albany who has
given so much satisfaction aa Grady, and to
drop Grady would have been to drop a man
whose sboee oould not be filled by any man in
the organization to-day.
It was current talk before Orady fell from
grace that he was slated for tbe appointment
to succeed John Whalen as Corporation Coun
sel, when Whslen was nominated for the Su
Sreme Court bench, but now It Is said that
r. Croker never ban an Idea ot taking, him
away from Albany. It Is all settled nowrbow
ever, that Gmdy is to be renominated, and tha
various Individuals who have bean scrambling
for his shoes, ever since It became known that
Mr. Croker was displeased with him, will have
to wait a little longer for their chanea.
It I to Be a Bed-Hot One, ao Bridge Cam
mi.atoner Shea Announces.
Ex-Justice Augustus Van Wyok did not
leave his Brooklyn home until lata yesterday
afternoon. He had many callers during tha
morning and it Is understood received many
additional letters of congratulation. Ha con
tinues his characteristic reticence toward tha
reporters and Informed them that his forms!
acceptance of the nomination will not change
bia determination not to answer any ques
tions whatever. He proposes, he said, to take
the people into his confluence In his own way.
To-morrow night ex-Justice Van Wyok will
be the guest at a non-partisan reception by
the Brooklyn Club and on Saturday night ha
will bs the guest of the Manhattan Club, Ac
cording to present arrangements his first
speech will be msde on next Wednesday night
at tbe opening of tho campaign in the Acad
emy ot .Music ln Brooklyn. The other speak
ers have not y:t been selected. Bridge Com
missioner Shea. Chairman of the Executive
Committee, promises a red-hot canvass in
Brooklyn, beginning on Monday night A
torchlight procession is under contemplation.
Tammany Has Decided on Two Candidate.
for tbe Supreme Court Bench.
Tammany has definitely decided on 1 wo can
didates for ths Supreme Court bench. They
are Corporation Counsel John Whalen and
Maurice Untermeyer. Both Samuel and Mau
rice Untermeyer have been talked ot as candi
dates for weeks, but it is now said that tha
latter baa been chosen.
There is still some doubt about tha third can
didate, but there ia a strong drift In favor of
Deloe McCunly. Mr. MoCurdy. it la said. Is
doing his beat to stop the growing sentiment
in his favor. He does not want ths office and
If It is offered to bim will probably decline It
He may. however, find hluoelf in the position
of Justice Van Wyck. who didn't want his nom
ination either, but swallowed it gracefully after
the leader had given him a little talking to.
I.bor rollttetana Meet To-XIsbt.
The Work I ngm en's Political League, one of
the Tammany Hall labor annexes, will hold
a meeting to-night to hear a report from
a committee appointed some time ago
on nominations and campaign plans. The
League is supposed to be formed for the
purpose of nominating labor men for
the legislature and urging the election
of other candidate who are believed to be in
favor of labor measures. Incidentally some of
Its members keep their ayes opsn for any city
job that Tammany Hall 1 able to eend their
Way. and on this account the League Is unpop
ular with a great many labor men.
Absolutely Pure.
EjjCywS Made Ansa. Pare wnneate Crease
) as Tax-la.
l Ullul Good weight
jnj .. Good patterns
kSllVPP Good workmanship
Entirely different from the usual, and of
course at reasonable prices
Inspection HOWttrd & CO if j
Invited 264 Fifth Avenue
New York
kji for statu amir atom.
Archie Sanders Delivers Ills Delegates en
the Fourth Ballot The Ifomlne De
feiMts His Pre. flag Bill Southwick
Renominated for Congre at Albany.
Albion. N. T.. Oct. 5. There Is no doubt that
to-day's Senatorial Convention for the Forty
fifth district here was in a measure out and
dried, settled and dictated ln advance, but It
came near to miscarrying. Tha united opposi
tion to tho nomination of Ellsworth made It
embarrassing for Archie D. Sanders of Oeneeee
to deliver his delegates In return for the promise
of the Internal Revenue Oolleotorshlp, and It
looked at one time as though L'Hommedleu or
Sanders would have to take the nomination to
keep the peace. The convention was deferred
for several hours and was finally called at 2
o'clock. The twenty-one delegates represent
ing Orleans. Niagara, and Oenesee coun
ties were all present The vote was
taken by roll call. For three ballots tha
seven Genesee men voted solid for Sanders,
and tho seven Niagara men for Ellsworth
and the seven Orleans men for L'Hommedleu.
When Oenesee was reached on the fourth
ballot Percy Hooker ot the delegation arose
and. saying that Oenesee realized the full
responsibility resting with her and tha posi
tion ln which the delegation was placed, de
sired, nevertheless, to withdraw the name of
Mr. Sanders. The delegation was then polled,
and voted solid for Ellsworth, giving him four
teen votes. When Orleans county was reached
District Attorney Slmonds moved that tha
nomination be made unanimous, snd the Or
leans delegation was not polled. The State
and national platform and the State candidates
were Indorsed, and the country congratulated
on the conclusion ot the war with Spain before
the Demooratlo party had a chance to declare
the war a failure. Timothy E. Ellsworth, tha
nominee, was then introduced, and said ln
"In accepting this renomtnatlon I wish to
say that what I nave done as your representa
tive in the Senate has been with a view to
serve not only the Republican party, from
wbloh I received my commission, but, so far aa
In me lay. to serve the people ot the whole dis
trict ot whatever party, and the people of ths
whole State outside as well aa inside the dis
trict. In so far as I have succeeded I take this
Eenomlnatlon as evidence of your satisfaction,
n so far as I have failed I accept It as an evi
dence that such failure was not by reason of
anything on my part which should have caused
It, but because of those things which were
outside ot and beyond my control. In this en
deavor I am not unconscious of the fact that
in some respects I have received adverse criti
cism. I am told by those newspapers which
ought to be the organs of intelligent nubile
opinion, though I regret to say that they aomo
timas are not ao I have learned that in addi
tion to that which is merely jocose; I do not
make speeches, whloh I certainly do not: that
in the performance ot a duty which oame to
me I presented bills which seem not to have
met tha approval of some ot these organs of
Subtle opinion, one of whloh was dubbed the
nti-Oartoon bill snd the other of which was
stlgmatlrad the 'Press Gag bill.' It ought to be
enough to aay that while that bill met with my
approval. It was. like many another measure
whloh comes to tbe duty ot a legislator to
present, not drawn by me. If the newspapers
naddevoted half of the space used ln condemn
ing It to Its publication, ao that all could see
It and consider It Intelligently. It would have
received far different comment from the people
themselves. One of those measures even those
who condemn It say ln part Is right in prin
ciple, but perhaps too radical."
Mr. Ellsworth went over the bill ln detail as
he pulled a printed copy from bis pocket, say
ing: I carry this in my pocket for comfort
after I have read the garbled ideas of it in some
newepapera. Ha read portions ot the bill and
"What ie there In that which should meet
with the reproval of any intelligent man. and
which should hold up to condemnation any in
dividual or official who endeavored to have It
incorporated Into law. I have no apologies to
make. If I am wrong, if I am not consistent,
then you are wrong ln nominating me to-day.
and If I believed that your convention believed
that it was wrong I would lay this nomination
back ln your laps."
Share were calls for L'Hommedleu. but he
not respond. Tho young leader ln Orleans
has oome out of the trying position with much
success, and whatever odium comes from this
nomination falls upon the shoulders of Archie
Banders ot Oenesee. If the Collectors!) Ip should
not also fail on his shoulders it would be sad
Fonda. Oct. 5. The Democrats of Mont
gomery county this afternoon held their nomi
nating convention here. James W. Ferguson
of Amsterdam was nominated for member of
Assembly. George C. Stewart of Amsterdam
for District Attorney. Jay Fisher of Fonda for
Superintendent of the Poor, and Elmer J.
Flnebout of Oanajobarie for County Treasurer.
The convention Indorsed tho platform ot the
Democratic State Convention. No reference
waa made to the Chicago platform.
Albaxt. Oct 5. The Albany oounty Repub
licans to-day renominated UeorgeN. Bouth
wlck for Congress. Myei Nussbaum for Sena
tor. James M. Borthwiok for County Clerk, and
John T. Cook for Distriot Attorney. Mr. Cook
ia the present District Attorney, having been
appointed by Gov. Black to nil the vacancy
oaused by the death ot Distriot Attorney Eu
gene Buriingame.
The convention unanimously adopted an ad
dress to the people. It opposes a scheme for
biennial sessions of the Legislature, as not
only adverse to the business Interests of the
city of Albany, but also as indefensible in view
of the vast and varied interest of the Empire
State wnioh annually require legislative atten
tion: commends the wise, conservative, and
patriotic ooursc of President McKlnley. under
whose Administration the war with Spain baa
been brought to a successful conclusion ; urges
the necessity of voting not only for a member
of Congress who will stand faithfully fur a hundred-cent
dollar, but likewise for State Sena
tor and Assemblymen who will vote to send a
sound-money Heuctor to Washington in place
of Edward Murphy. Jr.. and then saya:
"For that soldler-suteaman. Theodore Roose
velt, we urge a rousing support, wh'.oh will
place Albany oounty in the foreground in sup
port of the man whoso legislative and execu
tive career allowed independence of thought
i and courage o' action. A man of comfortable
fortune, wife snd little ones, high publlo posi
tion, he forfeited all and went forth todo bat
tle for hts country. Albany county should
Snd will be found in the column of the hero of
an Juan Hill."
Ai.naN y. Oct. 5. Justice A. T. Clearwater of
Kingston was nominated as Justice of the Bu-
Sreme Court by the Republicans of the Third
udlolal district ln convention here to-day. Mr.
Cleurwater is now la Justice of. tho Supreme
Court, having been appointed by (iov. Black to
fill tbe vacancy caused by the resignation of
Justice Alton is. Parker, who last fall was
elected Chief Judge of tbe Court of Appeals.
Mon st Mokkih. Oct 6. The Demooratlo
Nominating Conventionifor Livingston ooun
ty named the following candidates this slter
noon: For mem lair of Assembly. John G.
Hush of Leicester: County Clerk. Georite L.
Krelm of North Danville; Coroners. Walter
K. Lauderdale and i'hurles Itiohiuoud : School
Cuminisbl'jner. Roubcn J. Wallace. The con
vention wa controlled bv C'barle P. Wads
worth ot York, a cousin of Congressman
James W. WadaworthCp.
Oi.kan. Oct. 5. -The Demooratlo Senatorial
Convention for the Fiftieth distriot mat in
Olaan last nixhCand nominated Solon 8. Lang
of Cattaraugus oounty for Seuator by accla
mation. Hla opponent is the Hon. Frank
Biggins of Olson. Tbe Chicago platform
waa indorsed. The issuing of war bonds, the
Dlngley bill and the Republican Administra
tion were denounced.
MniDLiTun. Oct. 5. Arthur S. Tompkins ot
Nyaok waa to-day nominated for member of
Congress from the Seventeenth distriot. com
prising the counties of Orange. Sullivan aud
Rockland, in the place of B. B. Odelf. Chairman
of the Republican State Committee. Senator
tsvJtow planed him in oaqinaUoa. SoeaevaU's
- -
Ladies' jfackets I
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Golf Capes, J
Double-faced English mv
$II.50. $14.50.
$18.50 & $24.50.
Fine Cheviot &
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silk lined throughout.
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.ft ORElif WESTERM. "
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Si BH nm Try n wfa net slmjj ls asm
fl Hh-B BotUed only by th. PlMssa TSSksy '
I Win Company (OnraidMg XS ,
-SfMjj VorSaleby '
Wgm h. b. KTJtK oe.. saw IUBM,
(Mahogany finish),
45 Weat 33d Street.
1034 B'wav, K.T.I ISSS Bedford At., B'kbraa
Erie and Oth ... Jency City. Telephones.
Storage warehon e aad atovtog vaaav
CiW TJp-Stata P.tltlon. V. G-from. BUnsas
Failure to Comply with tha Lang.
The Cits are having a hard time In gatttna
their petition etraightenad out, so that tha
can file them, with tha names of thair aaadl
dates, in the office of the Secretary of Btate on
time. Everything want smoothly ontfl yester
day's mail, containing tha last of ths petition a,
came in. These petitions are from tha meet
remote counties ln the Btate. and the Ota hay
been really a ulto anxious abont them.
Bnt voster dsy they oame, and there waagreaS
rejoicing until It was discovered that the ad
dress of each signer was ln different hand
writing than tha name itself. Now. the) law
distinctly says that th signers must no only
write their own name on the petition, bat
also their own addresses, and thai unless Shay
do. their nemes dont count. After wotkitE
the telegraph wires tor an hour or so. th Ctte
loarned that their rustic agents had let the ao
teriee who awore each man. write In the ad
dress. Now there la woe In the Clt headgnar.
ters. All the petitions must go bank, and It U
a Question whether the signers oan b all i . I
rounded up and made to write their owa ad
dresses in time.
JEEBT BMLKorr dmoowmm, H
Ttret Congress District P.mocralslgi tea
Towasend B. Bsudd.r.
Rivsrhbad. L. 1. Oct 6. After three barns
pent ln caucusing hre to-day th Dms Blasts
Congress Convention of the Vtret dlstrle. osa
prlslng Suffolk and Queans oounttea. nomi
nated Townsend B. Soudder of Oyster Bar.
Queens eounty. his opponent ln the eooreav
tlon being William & Bold of Babylon. BuflolM
oounty. Th original selection wag Bald, wha
waa defeated ln his own primary a short Mm
ago, and hs announced that he was out of the
race. Perry Belmont waa th neat ehote.
The party leaden of both counties have baew
here all the week trying to arrange thin. Btrt
when the delegates arrived to-day there was a
ertoua muddle. Queens was divided against
itself and ao waa Suffolk. After about two
loura of caucusing a telegram was reoatvad
rom Belmont etetlng that he would apt ton.
and another fromBeld sarlaa that h had
37for Bcndder and later Bald.
Dyspepsia and
To get rid of these ailments, star, at 9 I
tho seat of the trouble, by setting: th
stomach right. Tha genuine Joanna
Hoff's Malt Extract when taken with
meals, will greatly aid digestion, and Br
enable you to obtain as much tmuilgh
aaant as is possible from your diet.
Johann Ueffs Malt Extract ia ate
gftara tonic it is a food as welL
Mm. Melb writes: "I highly aJSB
gaend tho genuine Johann HoffV Mak)
Extract. I us it with my daily dlaC It
improves my appetite and digaattsa wasv
Jggna MM Y Itf I.,
'.-' LtmA aW r

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