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The sun. [volume] (New York [N.Y.]) 1833-1916, December 01, 1898, Image 2

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II 2 ' ' ..-. THE SUN, THURSDAY, DECEMBER 1, 1898. J
Hlrf !" '
UK? ohargo. or oven suggests, that there was
If R- nr oolluslon amounting to fraud In a legal
IS Iff roiiso on the part ot contractors either In
If procuring their aevornl contracts or In
lit falling to porform such contracts, after
fn they were obtained. In nnr event, I have
1 not discovered tho evldonco on which to
IE, baso such a charge with nny ppspcot
9m of sustaining it fii a court of hiatlcc.
I' I It is doubtful whethor tho Bute- can nyall Itself
fffl r as against contractors who have, furnished tho
1 fe. materials. porformod tho work, and waived
ff W tholr compensation, nt loast while the Htnto ro-
I f tains tho use and enjoys the bunofltof such
I 9 -work und materials. , Tho contractors were
8 & acting In tholr own Interost. nnd so long as
f r they woro utilities of fraud, or ot collusion
i I with the Suite ofllcors. they ought not to be
ft held nccountahlo for tho low or damage hus-
1 B talnod by tho Htato through the negligence or
iWIfr deterioration of It own agents. An toHtntfl
i S officers, publlo ofncorn. however, occupy a dit-
1 if Xorent position. Thoy are tho representatlvea
' of tho Htnto. charted with a publlo trust ami
j? F tholr action must i-oriform to the authority
conferral nnd tho dutlos Imposed upon them
Sl The Canal Improvement law aimed to-se-m
t, euro dollnlto nnd accurate 'map, plans and
K I specifications' of tho work and material nsces-
a nry for the Improvomont. prepared by
M a Skilful nnd practical onglnfer. familiar
St i: with tho canals, before, nny contracts thera
Vk V for BhouTd be madri by tho Huperln
W I tendont of Tubllo Works. Tho proper op
's I eervanco of tho dutlos thus Intpowl would
L fnBuro. with substantial accuracy, tho prepara
W tlonot preliminary estimates for nnd tho as
WW cortalnmont ot the actual iiraount required In
t i Wk anci materials, as c ontamplated 1 and I pro
fe 5 Idel in the soveral contracts, so that, except
fFS In very unusual or oxtroord nary clroum
V atanooB. thorn would bn no p'tcaslon for altera-
K tlon ot tho plans or specifications whllo the
f X- work was In Pr?groji8.and t.o costof tlielm-
h torovement would be practically ascertained
r End settled by the preliminary ostiniatos and
I CInlrdlscussine the Htato r.ngtncor's liability
& tho roport Bays: "Thlsomcor soems to have
if h Bpproolated tho Importaucoof aopmploto aur
i' W Tey. which hocnusiMitobemadontHnoxpondl-i-
f turo of $250.000. . Many of the survey sections
woro not completed ni they should hao
fs i 'been, bo that tho ontlro survey should be eon
i nccted nnd comnleto and the llQtil computation
f m ond general estimate properly dotormlnod. It
K 'Is aulto oloar. howovor. that the computations
'( I upon the eroator ixjrtlon of the canals wore not
it h complotod, northe Unal resulU known whon tho
1 first contraoU woro awarded and executed, in
I s NoTomber. 1800. nor. indeed, until December,
3B iW)7. after alTtho contracts actually awanled
woro oxooulod and dollvorod. Nor Is It oloar
When tho plans and. specifications wero pro-
I pared: but It Is evident that, whenever pre
pared or completed, thoyworo not furnished
to tho engineers who made tho original pstl
1 ' xaato of quantities of tho different kinds of ex
cavation to be roinoved and ot materials to do
ubo3 in the procross of tho work, nnd tho cost
or amount of monoy roqulrodfor the comple
tion of the improvement, Tho survey and
rotes, as an authontlo source of information,
i ..seemtohaTO been lnrgply. if not entirely. Ig
nored in proparlnKthoplnns and spocincatlons.
nnd partlcularTy In mnklng tho genoral prelim
- Inary estimate ot the oxpondlturo to be In
' eurred for tho onlargoment.
,fAs theeo encineers had not received the
Bpoclflcatlons oontolnlne tho Bomewhnt novel
doflnlllona of oarth and rock, as well as em
fcankmont and lining, their cqmputatlpna of
the Quantities of work or material, considered
In thollght of tho specifications, wero neces
sarily Imperfect nnd unreliable, and could not
Barely bo insortod in eontraots of which tho
BPoclQcatlons fornu-d an Integral part. Tho
prices for work nnd materials wero determined
by tho Btnto Engineer, atter consultation with
bis deputy and tho division, resident and flint
assistant engineers, and woro not uniform in
tho dUTorenfdivislons.
"It appears that tho Information oontalned
in tho now survey and furnished by tho meaa
uroments nnd dataconnooted therewith, whon
the computations wero completed would have
enablod tho Btate Engineer to have made pre
liminary estimates of quantities nnd of tho
tdtal cost of tho improvement substantially
accurate, of which ho was cognizant at tho time :
but he. nevertheless, proceeded to oroparo the
plans and specifications and dotermlno the
estimates indopondently of the survey, and tho
estimates of quantities were, thorofore. dofeo
tlve and untrustworthy, nnd thoro was no fair
nnd aocurato and complete estimate made, as a
rule, elthor of the quantities of work or ma
torial for tho bidding sheets or of the actual ex
penditure required for tho ontiroworkascon
i templatod by the statute, but partiaular sum
wero arbitrarily apportioned to the several
divisions and contract sections and adopted by
the State Engineer, to bring the entire and ap
parent cost of theTvork within the limit ot tho
appropriation." ....
Judge Oountxymnn then refers to the agita
tion leading up to tho canal lmprovomont ap
propriation: nays tho Btate Engineer must
Iiave known tho people expeotea the amount
i S, appropriated would complete the Improvement :
jr that tho Btato Engineer was well aware in tho
S S Jattor part ot the summer of 1895 that the work
"& could not bo so completed ; that the preliminary
ft estimates wero revised In an endeavor to brine
K tho 'cost within tho appropriation, and that
$ liasto was made to oxpond a large amount
,5 2 of tho moneys upon the canals beforo the
5 t legislature learned that, tho appropria
te S tlon was insufllelent. and, for tear, the
t work might be stopped, the State Engineer
! did not. beforo tho contracts woro mado. asoor
P i tain with prnctlcablo accuracy the quantity of
i embankment, oxcnvntlon, masonry or other
f items of work or matorlals to bo Included in tlio
r a contracts; or. if such quantities wero ascer
ItM' tnlnod. he did not accurately Btato or include
E ' thom in tho quantity sheets so that thoy could
t bo exhlbltod to the persons desiring to make
f, w proposals for such work, and so enable
I & thorn to mako proper, sato and intel
l 3 ligent proposals: nor woro the quantities
ufai or items thereof embodied, ns contemplated by
Kb atatuto, in tho contracts with proper care or
VbiL. BUfflclent accurnoy to protect the public in
filiv' torestsagafnstthoBubsequentclalmsofthoepn
fe tractors Tor additional or extra work. In other
r i words, the estimates for quantities wero mado
f' S Without referonoe to tho provisions in tho
T W spoclflcations lagulatlng tho naturo and ex
r r- tent of such work. and. on tho other hand, the
i fi peclflcatlons and the definitions or claaslflca
' f i tions of work therein oontalned were formu
! I- fated Independently and without relation to the
I manner in which tho estimates of tho quanti
I ties had been ascertained and determined. This
i :S Is ovldent from a comparison ot the estimated
'I ? Hiuantltlos of the more Important work and
i r materials contalnod In th quantity sheets with
, t if- the later rovlsed ostlmates, and as to com-
L pletcd contracts with tho quantities Anally
, f: S allowed and paid for in the final account, and it
t i. Js equally evident from tho disparities in the
" h -5 amounts of oxpendlturo contained In tho pre
(1 K if llmlnary and subsequent estimates of the cost
'i ti i of tho Improvement, and also in the original
' b x estimates and tho actual payments made un
' &T der the contracts which have boon completed."
r fes Judge Countryman hero reviews several con
i it 6 trauts, showing that sevoral hundred thousand
' ;i 5 dollars were paid to contractors in oxcess of
;'; i the estlmatos, contracts runnlnu over from 17
ft - ' to 32 per cent, of estimated total cost, and says:
t ' ' "Assomoof the contracts have not been half,
and many of them not two-thirds, oomploted. It
I Is apparent that tho quantities must hereafter
be largoly.lncreasod abovo the latest estimates.
This is cfeurly apparent from a comparison of
the quantities of rock contained in tho original
nnd rovlsed estimates relating to the contracts
In tho westorn division. Ot the tlfteon con
tracts awarded In that division tho preliminary
estimates ot tho quantities ot rock show a
total of 34U,ir0 cublo yards, and ot this
amount 202.510 yards wore removed to
June 1. 18iW. but thoro still remain
untouohod ni:MJ04 cublo yards of rock, making
a total of 012,203, ornnoxoossovor thoorlginal
estimate of i08,H50. which excess at the con
tract rates would cost $389,300 to excavate
over and abovo the original estimates. Tho
extent of tho genoral Increase in quantities Is
also indirectly shown by tho revised estimates
of the cntlro cost of the work at tho contract
rates as heretofore given.
"It Is ovidont from the various estimates ot
'quantitlos and amounts of expenditures abovo
set forth that gross inaccuracy pervades, as a
rule, all ot tho quantities embraced lothemoro
Important contracts In tho canal divisions
adopted for .the purpose of this Improvement.
iut thoro are many Instances In oaoh of tho
divisions in which it la apparent that no proper
estimates woro oven attempted to bo made in
prearliu: tho quantity shouts for the us o of tho
pi''dorH.",
Judgo Countryman cites soveral Instances to
support this contention, and adds:
" Ono of tho usual results in letting contracts
at n nominal or very low estimate of tho quan
tity otn given materlnl In tho bidding sheets
was a comparatively high bid, as suoh a bid
would not greatly Increase the total amount of
tho proposals, and In tho event of a consider
able Increase would inure to the henellt of
the contractor, nnd In this manner largo
amounts havo boon realized by some of tho
contractors to tho publlo loss and Injury,
"The resident engineers In many instances,
aftor classifying excavated materials as earth,
roclassillnd It as rock, and In this manner
largely Increased tho quantities of rock above
the original eMlmntu. In this manner 1B1,
200 cublo yards wore reclassified as
rock in the estimate mado for May 1.
Wti, nftor having been preWously classi
fied ns earth, and according to this
reclasslllcatlon thero was returned a rock in
all tho divisions to May 1. 1WI8. 730.077 cublo
yards, ns against tho preliminary estimate of
B50.1W3 yards, and there htlll remains to be ex
eavatod under the contractu thus far awarded
603.330 yard!, of rock. Of the total amount of
rook actually pxcuvatod as reclassified to May
l.llbOH, 203-M5 ynrds was hnrdpan. and vms
controlled mid determlnod In tho classification
by tho opinion of the resident engineers,
under th discretionary clause contained In tha
specifications. It ha? also occurred that after
the proper resident englneer.durlng his supr
vlsion cf tho excavation of material, had. nt tho
request of and in eonourroneo with the as
. xlstant engineer, clabsllled It as earth nnd sub
sequently left the service, tho old assistant en
gineer, ns his successor, had reclassified it,
taking out large quantities from the column of
earth, und paying for It ns rook. It scorns to
vtigii havo been common pruetlco to mako reelassl
,T is lloatlons of oxcuvated material alter it hnd been
i' ) classified and returned with tho absent of tho
m ij contractors and 'laymeuts mailu thereon,
KJ I- It was only necessary, as a rule, for h contractor
Sj (h to make complaint that ho was' losing money'
If ti on his contract to get a roclabslllcation. by
ty wnioh ho received much higher latosnt com
Wi V Pf nsatlpn for the purposo of helping him ' In
m u mUtortuue, Iho Btate Engineer at tho out-
ethontd hnvo known of the great and un
usual dimciiltlos that had to bo overcomo near
Byrneuso and at Buffalo. , .
'The same carelessness and IndlfTorf nee Is
apparent In tho propnrntlon of the ostlmates
nnd bidding sheets In those, regions as olso
whore along tho canals. . Tho Bpeolflcatlons
wore indefinite and, obscure, and wore
cspoolally objectionable In leaving It to
the opinion of tho resident engineer of
each division whothor hardpaii or soft
or rotten rock' could or .could not bo
plottghcii. nnd elaslflod according ran rook or
earth. This was also In plain violation of the
$0,000,000 act, requiring n clear and dollnlto
method of ascertaining tlio soveral quantities
of work ond materials, ns it afforded a wldo
Held for favoritism in Its application br tho
pamo oflleer to different contractors within his
division, nnd It proved to bo one of tho arcftteit
sources of embarrassment In the prosooution
Judgo Countryman, rovlows the many easoj
whoro tho onglnecr In clmrgo would return a
Bmall amount of tho oxcavatlon as rook, when,
tho contractors would appeal to his superiors,
which would reach up to tho BUto UnRlnoor.
asking that tho amount o'rck o"?)0"?
bo incroasod. Ho finds that those appeals worn
usually granted, and that in BOme Instancos
whoro Biibordlnato engineers would refuse
to swenr to the oxcavatlon of infreased quanti
ties ot rock they wore dismissed. Ho aso
criticises and holds the Btato Engineer rcspon-
Hlbln for allowing cnnnU'!,,tc.avft!Sn,?,l1l?,ui
In filling a cnlvort In Watorford. which was
paldforas embankment at a loss of soveral
thousand dollars to the Btate, Ho ads:
"It Is a frequent and even common oxcttse in
tho testimony of tho assistant engineers. In ex
plaining their reports of quantities of work
done undor tho contracts pf whloh they had
chnrge. that the r estimates woro mado In
pursuance of ornl instructions or suggestions
given to them ,by their BUMrters. and
that they therefore , regarded themselves
ns iustlfled, in, returning undor oath
quantities of given mntorlal which, in
tholr judgmont. woro Improper ;nnd excosslyp.
Tho (Jtato Engineer seems to havo doomed it
his special duty to guanl tho Interests and deal
liberally with thn contractors In all such mat
tors without Particular reference 'hntormsof
tho oontracts In forcoatthotlme. Tho Btato En
gineer Is not rcllovod or oxousod from rosppnsl
B Ity for allowing these excessive- quantities of
work or material to tho cpntraclors on ac
count of the Indnflnite provlslons'pf tho i eon
traots. which existed owing to his own nefll
gonoennd lnefTlolont pcrformaneo.it nothing
more, ot his ofllolal duties under the statute-.
"But tho Btate Engineer, by his afurmatlvo
acts after tho original contracts were nwnrded.
wsSnnallyculoSblewlth tho Suporlntondcnt
of Publlo Works in approving the returns
ot his subordinates of work or matrlal
undor suoh original contracts in .cossivo
nnd enormous quantttlo? abovo tho orig
inal ostlmates. as woll as uiidor im
proper classifications. resultliiB In the paj
mentof largely oxcossivo amounts of corapen
Batlon to such contractors, and also Inrpcom.
raondlng and making with the original con
tractors special, contracts for e xtra and .addi
tional work to that contained In their regular
contracts. These two officers, having to
superintendence and control of this publio
work, after coming to a mutunl understanding
as to their respootivo Bhares of power and
patronage, soom to hnvo acted together in com
plete accord. Itisafalrnndreasonablo Infer
ence from all the facts nnd clreumstnnces i givon
in evldonco that moat.if not all. of tlio Improper
acts nnd proceedings of tho Htato Enc ineer s
BUbordlnntes were, elthor directly or Indiroctly.
authorized and approved by him. and that his
own methods and practices In violation of tho
Btntuto woro purposely adopted and followed
to nccompllsh tho results which have proved so
pernicious and detrimental to tho publlo in-
"Y'havo therefore no hesitation In reaching
tho conclusion that the case as proven against
tho Btato Engineer Is, sufficient to warrant
proceedings by Impeachmont for his removal
from offlco. But such n proceeding. In view of
the situation nnd tho circumstances. Is inex
pedient. If not impracticable, as tho time is
too short and tho method too enmbcrsomo and
expensivoto prove offectlve cither as punish
ment to the oiucer or reparation to the Btato.
The only remaining course is a criminal prose
cution by Indictment."
Judge Countryman ihlnks that such pro
ceeding Is porfectly proper and legal, and de
clares that upon a conviction punishmont
could bo meted out by Imprisonmout for a
torm not exceeding live years, or by a fl no not
exceeding $5,000. or both. This provision of
law Is contained In tho Penal Codoundrefers to
a publlo oflleer who Is conneoted with tho pay
ment of a fraudulent claim aealnst tho State.
Other provisions of tho Penal Code touching
similar cases affecting minor officials are also
""in concluding his considerations of Btat En
gineer Adams's official action on tho canal im
provement work he says: I thoreforo con
clude that this is a proper case to present to
tho Grand Jury." , . ,..,
Judgo Countryman then devotes his atten
tion to the Superintendent ot Public Viorks.
nnd says: "It was his duty to soo that no con
tract was mnde until tho State Engineer
had "ascertained with all practicable accuracy
tho quantity of ombankment.excantlon. ma
sonrr. the quantity and quality of all ma
torlals to bo used, and all other items
of work' made necessary bytho plannndHpoel
ilcatlons. To properly perform this duty It was
Incumbent upon him to exorc se acttvo vigi
lance, to ascertain and determine, to his own
satisfaction, as nn honest and ofllcient publlo
oflleer. whethor the Btate Enginoor. In prepar
ing his plans and specifications and making
his estimates, hnd compiled with the provis
ions ot the statute If there wero defects in
any of these respects, which ho could have
detected by proper attention and effort, he
should have refused to advortlse for bids, and
it not discovered until after they were received
he should havo cancelled the bids, or If not
disclosed until after the contracts wore made
ho should haveapplled to tho CanallJoard. and.
with their concurrence, suspended the con
tracts, which might havo been dono at any
time during the progress of the work. If he
failed atony Btneotoconformto thisqbllgation.
nnd especially lfho aided or assisted, or even
acquiesced, in tho continuance of any contract
nftor an omission ordefoet rendering it Illegal
and void was revealed to him. he was not only
negligent but culpable nnd amenable to the law
for malfeasance
"The responsibility of tho Superintendent of
Publlo Works began when ho practically
adopted tho plans, specifications and estimates
ot tne engineer by advertising for bids, and
particularly when ho entered Into contracts
on behalf of tho Btato on tho basis
of such plans, specifications and esti
mates. Ho was under legal obligation to
ascertain, at least, whethor the estimates and
specifications were sufficient to enable him to
mako clear and definite contracts for the con
templated work, bo that tho requisite quanti
ties of work nnd materials could bo specified
with reasonable certainty. He. know or ought
to have known that the Insertion In the
bidding sheets of mere nominal quantities of
material to be oxcavated from considerable
Btretehes. In many cases Including several
miles of the oaunl. wore not correct statements
or estimates, and. therefore, wore not in com
pliance with tho statute It follows that In
adopting such estlmates:in connection with In
definite HPeclficatlons without question, nnd
imortlng thom In the contracts, he was equally
fulltT with tho Statu Englnoerof a violation of
he statute . ., . ,., .
"Moreover, he was affording opportunities to
the persona preparing proposals to make un
balanced bids, liable to result in largely in
creased expenditure to tho Injury of tho State,
and In flagrant violation of the statute. But ho
took no measures to correct tho estlmntes or
spoclflcations in any particulars, excopt those
Which curtailed tho patronage of his own do-
"If the" Superintendent had exercised tho
same vigilance and energy that ho displayed In
behalf 61 the proper recognition of the IJopnrt
mont of Publlo Works in the detoctlon and
correction of errors and omissions In tho
estimates and spoolflcations which affect
ed the publio interest, ho could hard
ly hae boen held jointly responsible
with the Btato Enginoor for the enormouM ex
penditure Incurred as the result of those un
authorized and illegal contracts. His Inspect
ors should havo reported tohlm anyconnlvaneo
between the contractors and the engineers and
any material departure from tho specifications,
and tho quantities and kinds ot oxcavatlon
removed from month to month, for which pay
ment was claimed under tho contracts. The
preclso object of employing inspectors was to
proourethis Information lorthe Superintend
ent to onablo htm to protoct tho publlo In
terests. It Is almost Inconceivable thnt
with tho exercise of proporcaroand vlgllaneo
the Superintendent could not havo learned of
the largely incroused quantities of rock allowed
nnd paid for to tho contractors and of the
many Instances where earth was reclassified
as rock after It had boon excavated,
Thesaino opportunities woro afforded to tho
Superintendent und his Inspectors of ascer
taining the largo increase of quantities of
embankment above those Included in tho bid
dine: sheets and contracts, which -ho should
havo provonted.
"Porhaps the most direct nnd satisfactory
evidence of the personal knowleilgo and con
nection of the Huporlntendent of Publio Works
with the irregular methods pursued in
tha course ot the eanul enlargement is
afforded by tho special contracts and other
Hllowauees madoforextra or additional work,
It appoars that the work done and paid for
under special contract amounts to about $825,
(XX). Thero wero 111 specUlcontractsoxecmed
by the Superintendent of Public Works nnd the
Mate Engineer or their deputies, respectively.
The amount required to pay for the
extra and additional work necessary
to complete the seventy-throo original
contracts, upon which the bids of the contrac
tors for tho estimated quantities of work thoro
in contained Is S7.045.MOO. will bo the
further sum ot $j.244.518, or 74 per cent,
in nddltlon to the original amount of compen
sation upon which tho contracts v ere awarded.
Tho natural and noeessary conclusion Is that
by far tho greater number ot original contracts
woro awarded and afterward recognized and
continued in forcu by tho Superintendent of
Publlo Works, ill plain and direct violation
not only of thn $0,000,000 act, but of tho
Constitution. They wero prohibited by tho
act, and were, therefore, Illegal bocauso t lie
Htato Engineer had not ascertained either
Mho work ealled for by tho act' or tho
quantity of embankment, excavation ma
aonry or other Items of work, or the
quantity .and quality ot materials to be
used with juaoltoabla aoturaar before tho
contract were made, and manyof these c6r
tracta wero In contravention of both the act and
tho Constitution, booause. ns shown in tho ro
port of tho commission, thor were not 'let to the
lowest rosnonsl We bidders.' nor 'made with tho
persons who offered to do tho work or pro
vide the materials nt tho lowest prloes
Although the Legislature, limited the appro
priation to tho deepening of tho canals,
the Htato officer hnvo folt themsolvcs
at liborty to oxerclso then- own discretion In
UBlng tho money in any other manner dlreotly
or indirectly connected with the use of the
oanals or other publio. purposes. The oonstruo
tlon of a foundation for a State shop at Byra
euso und tho deononing of tho rook cut near
Loekport for tho bonoflt of tho minors thoro
como under this hoad. , , , , .
"Other instances might be given of plain
violations of tho statuto In the proceedings
taken by the Dopartmont of Publlo works,
but It Is unnecessary to pursue those datalla
further, at I have reached the conclusion
that this also is a proper case, .to bo pre
sented to tho Grand Jury. Aolvll action,
may also bo brought against the Superin
tendent nnd his sureties upon his official bond,
filed with tho Comptroller, to recover damages
to tho extent of $50.000. But an action pt this
character has heretofore rarely resulted in
replenishing the treasury on account of
losses sustained from tho. acts or omis
sions of publlo omcors, and It is. believed
that the best security to the peoplo for the
proper administration of public affairs and the
strongest preventive against the recurrence
ot similar misconduct is a criminal prosoeution
agalnBt all such offenders and tholr subjection
to personal discipline and punishmont."-
FOIt Sin. MAIlKAX'a PLACE.
Frank Ilnrrey Field Snld to He Hie Dark
Horae for the "District Attorneyship.
It seems to bo understood In both political
camps In Brooklyn that District AttornoyMa
rean. Suoremo Court Justleo elect will not re
sign his present offloe until the olose of tho
year, and that consequently the oholco ot his
successor, who will havo charge, ot tho Dis
trict Attorney's offlco until Iho olose of 1800.
will devolve on Col. Iloosevolt as Govornor.
Tho Republican managers In Brooklyn are, of
course, muoh Interested In tho appointment,
and already, it is said. Col. Roosevelt has given'
the matter considerable attention. Publlo
concern in tho appolntmont is stimulated by
the fact that the prosecution of former City
Works Commissioner Theodore B. Willis and
Former Polloe43ommlsslonr William H. Phil
lips, as woll as less prominent membere of tho
Republican organization, for alloged grave of
fence is stilt pending. Col. Koosovolt has
been quoted as snying that the appointment
would go to a "Republican of good standing."
For a week or more tho organization man
agers have been carefully canvassing tho
merits of various lawyers Idontllied with the
party, but bo far they have failed to agreoon
tho indorsement of any one In particular.
President James MoKeenof the Hamilton Club,
it is said, would probably be acceptable to
evory mombor of tho Executive Committee,
but it Is declared that ho could hot bo induced
to take tho office. Phore wan a rumor yester
day that Francis H. Wilson, who gave up his
seat in Congress for tho Postmastershlp. had
boon approached In regard to tho acceptance
of tho District Attorneyship, but haatposltlve
ly declined to be considered a candidate.
Atlan informal conference last night among
a few well-informed Republicans, who. are? not.
however. In any way Identified with the pres
ent management ot tho organization, a brand,
new name was sprung in connection with the
District Attorneyship. It was that of Frank
Harvoy Field, the 1-resldent ot the xoung Re
publican Club. Mr. Field is a well-known
member of the Kings county bar and so far
has never aousht or held any office. He has
boen an active worker In the Republican ranks
In the Seventh ward and never mixed up In
any of the factional squabbles. Ho Is a trus
tee In the Washington Avenue Baptist Church
and a member of tho Union League- Club and
other leading clubs. . ,
During tho year he has boen at the head of
tho Young Republloan Club there has been an
InfuBlon of some of its old-time vim in that
organization. The finest rally for Col. Roose
velt in Brooklyn during the recent campaign
was held under Us direction. One of the gen
tlemen who participated in the quiet confer
ence last night said: "It would not surprise
mo In the least to Beo Frank .Harvey Field
chosen as District Attorney Marean's suocesaor.
I know that his namo has received very favor
ablo consideration in high quarters, and that
his ability to meot the trying requirements of
tho offlco has been brought to the attention of
Col. Roosevelt. Not a single word can be said
aeainst Mr. Field, either as a lavwer. a Re
publican, or a gentleman, and I think he will
be found to fill the bill oxactly."
One of tho Republloan managers, when seen
about the matter, said: "This Is the Urst I
have heard about Mr. Field in connection with
the appointment. He is an excellent man in
every way. bui I cannot say whether he would
receive the Indorsement ot the organization
or not. Col. Roosevelt we all know-is bound
to get the very best jtsan possible for the
place."
BIAQEK WON'T BOTjT.
TTlll Support Quay for Senator If Qnny Car
ries tho Caucus.
Pnii.ADEi.rnn, Nov. 30. State Senator Chria
L. Magee of Allegheny came to town to-day,
and on tho subject of a possible fusion in the
Legislature of the anti-Quay Republicans with
the Democrats said:
" Fusion be hanged. I'm a Republican, and I
will co into tho Republican caucus and abide
Its result. I won't say whom I will support In
the caucus, but whomever the caucus supports
1 will support, whether it be Quay or some one
else 1 will not vote for Senator Quay In the
caucus."
Mr. Magee has been spoken of as a prospec
tive memborot Gov. Stone's Cabinet. Ho said
on that score:
" I did not support Col. Btono for the Repub
lican nomination for Governor, and he is under
no obligation to me. I have nothing to ask."
Senator Magee looked around the Htratford
Hotel for David Martin, but Martin left there
yesterday at sunrlso. attor having had a confer
ence the night beforo that ended after mid
night. Martin isn't much of a sleeper.
Senator Quay is still in town awaiting the
outcomo of the prosoeution against him. No
decision was rendered to-day on tho demurrers
and motions filed by Quay's attornoys against
the formal Indictments. This afternoon tho
District Attorney nnd Col. Quay's lawyers wero
notified by Judge Finletter that ho would ren
der his decision to-morrow morning at 10
o'clock. It the Indictments are sustained. Dis
trict Attorney Graham will move at once for
the fixing ot an early day for trial.
Soldier Votes Received from Honolnlu.
Albakt, Nov. 30. Seoretary of State Palmer
to-day received the ballots from eight com
panies of the First New York Volunteer Regi
ment at Honolulu. This practically complotes
all the votes to bo received. The members ot
the Astor Battery at Manila will be unable to
get their votes In this city In time to be
counted. Tho First Regiment of Engineers at
Porto Rico, which has since returned home,
did not vote. It is said that tha eight com
panies ot the Forty-seventh Regiment, whose
ballots have not been received, did not vote.
Onloe for Another Democratlo Club Man.
District Attorney Gardiner announced yester
day the appointment ot Morris B. Blumenthal
as an assistant In his offlco, to take effect to
day. It was said that the place which Mr. Blu
monthal will 1111 Is that of a special assistant.
The salary was not mnde public. Mr. Blumen
thal Is only 28 years old. He comes from Pat
rick Keonan's district, is n Tammany man and
a member of the Democratlo Olub.
Maryland's Concrenmen-Eleot.
Annafomb, Md.. Nov. 30, The State Board
of Canvassers mot. to-day and went over the
election returns for Congressmen in Maryland.
The following wero doclared elocted: First dis
trict, John Walter Smith, Dem. : Second dis
trict, W. 11. Baker. Rep.: Third dlstrlot. Frank
O. Wnchter. Rep. : Fourth dlstrlot. .1. W. Denny,
Dem.: Fifth district. Hydney E. Mudd. Rep.;
Blxth district, G. A. Pearro.llop.
Fell Five Stories In an Elevator Shaft.
Whllo painting tho olevatorshaft In the build
ing nt 710 Broadway, yesterday afternoon,
Michael O'Brien, 45 years old, of 328 West
Twenty-seventh street, and Daniel Frazler, 42
years old, of 7H0 Ninth avenue, foil from the
fifth story Into tho basoment. the board on
which thoy were standing breaking. Frazler
escaped with some contusions and slight cuts,
but O'Brien sustnlnod a broken rib, which
pierced ono of Mslungs. O'Brien was removed
to St Vincent's Hospital, but Frazler was able
to go home.
Large Sals of Mntual Qui Stock.
It became known yesterday that a large
block ot the stock of the Mutual Gas Company,
reported to be sufficient to carry with It the
control of the company, has been purchased br
Interests Identified with the Consolidated Gas
Company. The purchas was understood to be
In line with the long-projected plans for bring
ing all the local gas companies under a har
monious control,
Annual Entertainment of the Telegraphers.
The seventh annual entertainment' ot the
New York Telegiaphers' Aid Society will take
placo to-morrow evening at the Central Opera
House, Sixty-seventh street and Third avenue.
This entertainment Is given each year In aid of
the boeiety's relief fund, and tho programme of
amusement on this occasion will be furnished
by clover telegraphers, who will be assisted by
professionals. The evening will close with
dancing.
MISS GOULD TESTIFIES.
inn rnosBcvTxoy nrsTf urxniAT, or
tttlS. COpY F On BLACKMAIL.
Mli Ooulil Says Thnt She Never Knew Mrs.
Cody and Never Answered ner tetters
Testimony to Show That Mrs. Cody Orig
inated tthe Scheme to Extort Money.
Alb ant. Nov. 30.Tho proseoutlon rested to
day in the trial ot Mr. Margaret 15. Cody on
the ohargo of blackmail growing out of her at
tempt to provo that Jay Gould had married
Sarah Ann Angell of Rouse's Tolnt in 1853 and
to secure a dower Interest for Mrs. Angell In
the Gould ostate. Many wltnosses were ealled
for tho purpoio of showing the methods pur
sued by Mrs, Cody in manufacturing evldonco
and securing false witnesses In her endeavor
to prove this alleged early marriage of tho lato
Jay Gould. Tho evldonco adduced was, dam
aging, and apparently there was not a missing
link In tho testimony produced by the prosecu
tion to show that Mrs. Cody was the solo In
stigator of thlo sohome. and that tho others In
torestod In iho cms with her knew nothing
about this allcgod marriage except what was
told them by Mrs. Cody.
Misa Helen M. Gould, who hat been energetio
In hunting down those who conspired to de
fame tho fair name ot her father, was the last
witness callod by tho prosecution. Bhe testified:
"I Hvo at Tarrytown, and am tho oldest
daughter ot Jay Gould, doccasod. My mother's
namo was Holen Day Miller. I do not know
Mrs. Cody."
Bevoral letters sent tohorand BlBn,odMMra.
Cody." and whloh wore identified' as having
bean received by her, wero producod. Mr.LInd
say read to tho jury ono lottor. wrltton Feb. 10,
1800, In which tho writer Bnys :
"I havo twenty-five letters from Mrs. Pierce,
the supposod daughter ot Jay Gould, and thoso
lettors oan bo road by you if you so doslre."
Miss Gould Bold she had never answored any
of tho letters wrltton by Mrs. Cody.
P. C. Dugap, for the dofenco, will open to
morrow morning and expeots to finish before
the noon recess. It1 is thought his main wit
ness will be Mrs. Cody, nnd that ho will attempt
to provo that she was the victim ot doslgning
lawyers.
Whon the court mot 5 this morning James
B. Stearns, who was on tho stand yester
day, continued his. testimony. Ho identi
fied and explained the clraumstances at
tending his taking the acknowledgments of
certain papers prepared by him at Mrs. Cody's
roiuest. Including a power ot attorney from
Mrs. Angell to Mm. Cody and agreements be
tween Mrs. Oody and Amasa J. Parkor, Jr., an
Albany attorney, whereby the two women were
to share equally of any money or property se
cured from the Gould estate, and declaring
that Amasa J. Parker. Jr.. was to have half of
Mrs. Cody's share. It was declared that If
Mrs. Angell settled the case without Mrs.
Cody's consent she was to pay Mrs. Cody
$1,000,000 and if Mrs. Cody settled without
Mr. Parker's consent she was to pay him $500.
000. Nicholas J. Dack, who aotod as Mrs. Cody's
amanuensis while she was in Albany, was re
called and gave further testimony regarding
the letters he had written to the Goulds at
Mrs. Cody's dictation. Ho said that before he
was hired by Mrs. Oody he was asked, it he
knew how to write several different hands, and
one of his letters written backhand was pre
aented to show that at Mrs. Cody's requost lie
had tried to dlssulse his handwriting. Daek
had written several dictated letters to the
Goulds under different names and Mrs. Cody
had taken one ot them to Oswego to mall. In
this letter tho writer told tioorae J. Gould that
Mrs. Cody was a responsible woman and could
be trusted.
David N. Carvalho of Now York city, an ex
pert in handwrttlnc was next called to the
stand, ne oxamined sevoral lettere. coverlne
a period of several years, whloh were signed
by Margaret E. Codv. Barah Ann Angell and
others, which he declared were all written by
Mrs. Cody.
Judge Melville 0. Brown of Laramie. Wyo.,
near where lives Mrs. Plorco. who had a dream
that she was the late Jay Gould's daushter.
was tho next witness. He went to Rouse's
Point in 1805 to see Mrs. Angell. the mother
of Mrs. Pierce, about Mrs. Pierce's claim. He
said : "I was at Mrs. Angell'a house one morn
ing in 1805. and was talking 'to her about
the Gould easo wh in Mrs. Cody came In. Mrs.
Angell. wheu sho saw Mrs. Cody, said: 'There
is the woman I cave the papers to. I told Mrs.
Cody that Mrs. Angull said she was never
married to Jay Gould, that sho was never his
wife, and that Mrs. Pierce was a daughter of
Mrs. Angell by a former marriage which was
not with Jay Gould. I told Mrs. Cody that
Mrs. Angell said she gave hor the papers be
cause she represented that she would procure
Mrs. Angell a large sum of money from tho
Goulds If she signed the papers on which the
Angell suit was based. Mrs. Cody wrung her
hands and exclaimed: 'I shall be denounced
and advertised as a blackmailer. You cer
tainly told mo, Mrs. Angell. that you had mar
ried Jay Gould.' Mrs. Angell answered. 'I
never represented to you that I was married
to Jay Gould, and I now state that I never
was married to Jay Gould, and that I signed
the papers on the representation that I would
thereby receive a large sum of money.' "
Judgo Brown had two other Interviews with
Mrs. Angell and became BatlsQed that the An
gell claim to the Gould estate was a fictitious
one and that Mrs. Pierce was not Jay Gould's
daughter.
A. Myron Easton testified that In 1895. while
ho was a Justice of the Peace, Mrs. Cody called
on him to execute ame papers. The Rev. Mr.
Layton came with Mrs. Cody and requested
him to swear him to tho paper without his
divulging the paper's contents. The affidavit
and letter addressod to Mr. Parker, which had
been fixed up in Mr. Easton's office, were of
fered In evidence. Witness said he didn't see
anybody write the affidavit. It had been pre
pared when Mr. Layton brought it in. The
minister signed it in his presence. It was not
read over In his presence. He did not know
whether Mrs. Cody knew the contents of the
affidavit or not.
Mr. Lindsay offered In evidence lettors dated
in August and September. 1805, written by
Mrs. Cody from Tunkhannock; also letters
dated Albany. September. 1805. These letters
were read to the jury, Tho Rev. Mr. Layton
wrote to Attorney A. J. Parker. Jr.. saying ho
could not tell whethor or nut he had married
Mrs. Angell to Jay Gould at Champlaln, N. Y.,
in 185:t. At that time records ware not kept
so uniformly as now and the marriage was be
yond his recolleotion. He hnd no reason to
doubt that Mary: Ann Bhlelds would tell the
truth, Bhe was in his family in 1H53 as
maid of all work and might have recollection
ot the marriace. She also might refresh his
memory.
A letter from Mrs. Cody followed to Mr. Par
ker recommending that he arrange to have
Mr. Layton Bee Mary Ann Shields, that sho.
might refresh his memory. The letters whloh
followed were from Mrs. Cody to Attorney Par
ker, urging him to eontlnue all arrangements
for tho meeting with .Mary Ann Bhlelds. Bhs
suggested that sho better see Mary Ann Shields
herself first to prepare tier for hor talk with
Mr. Layton. She wanted Mr. Parker to tell
her If he wanted her longer, for if not she
would co back to Denver. Sho was tired liv
ing off other people. Bhe had already spent
$350.50 and things were not going acoordlng
to hor liking. ,
Another letter was to George J, Gould from
H! Moorhead nt Oswego, advising Gould to see
Mrs. Cody and arrange with her, as she was an
old friend of his aunt's family. This letter
was written by Mrs. Cody.
Tho court then took a recess until 2:30 P. M.
At the afternoon session the reading ot the
Oody lettors was resumed.
William Hoylo ot Rouse's Point, adark-halred.
slim follow, about 05 years old, with a black
mustache, testified as follows: "Mrs. Oody
oame to our house in Rouse's Point In 18)5 and
asked if Mrs. Doyls lived there. That she had
the name wrong did not appear to disturb her,
for sho entered tho houso and talked to mother.
Sho wanted to know If there was any one else
around, and asked ray motherK she did not re
member Jay Gould marrying Mrs, Angoll, who
was then Barah Ann Brown. My mother told
her ' No.' and that sho did not bellove It. ' Oh.
you have boon bought by the other side,' said
Mrs. Cody. ' but It Is worth money to you to tell
mo the truth. You romorabor when Jay
Gould was here In' 1853 disposing ot dial
plates and patent door fnstonore, for you
nave ono on your house,' 'That is not true,'
replied my mother, 'as the house I Uvod In
then has been burned down.' Mrs. Cody de
scribed Sarah Ann Brown as a stout, dark
complexioned woman. My mother said that
Mrs. Cody was mistaken; that hor description
was of Melissa Brown, and that Sarah Ann
Brown was a tall, llght-eomplexloned woman
and had gone out West to be married before
Mrs. Cody said she had been married to Jay
Gould. Mrs. Cody said she had the marriage
certificate showing that Gould and Mrs. Angell
had been married and said to my mother:
' You must know that they were married.' My
mother replied that she know no suoh thing,
and that sho didn't believe It."
Anumherof women from Rouse's Point and
Chnmplain wore called to show that Mrs. Cody
had been among them ami endeavored to
manufacture ovldenco showing Jay Gould's
early marriage.
Other evidenoo ot an unimportant nature was
introduced, nnd then the prosecution rested
and tho court ndjournod until to-morrow. It
Is expected that tho caso will be given to the
jury to-morrow afternoon.
To Cure a Cold In One Day
Tsks Laxative Bromo Quinine Tablet. AJJdruttfU
refund the money If It t ills to eme. 2Co. The gta
uiiie has JU 1). Q. on each tablet. Jit.
mzVCAH ZODTMAJf, BWIHDIXn.
Ont of Jail Again, He Is Forging Drafts an
The Sun
Undeterred by experience with the Inside ot
jails for similar operations. William Lodtman,
otherwise known as II. J. Fravrley, James T.
Elliott and Charles A. Brush, Is again at his
work ot swindling peopto by means of drafts on
Tnc Sttx, He Is now working on tho Paolflo
coasfunder tho namo of William M. Gardiner.
Within a week two drafts signed with this
name have como back to Thb Hun office, ono
from Oakland. Cal., for $50, and tho othor from
Ban Joso for $75. Each was drawn on Tnn Bun
Printing and Publishing Company, 100 Nassau
strcot. Now York olty. Tho address given Is
not Thb Bun's address. The writing on the
drafts was at once rocogntzodasthntof Lodt
man. many ot whoso bogus drafts came to this
office last yoar
Tms is the swindler's picture.
Lodtman Is a professional swindlor whose
picture is in tho R-ogues' Gallory. In tho spring'
of 1807 he travelled through tho South swind
ling many persons out of tholr monoy by drafts
on TnE Bun for $24. In each caso ho stated
that ho was a regular correspondent ot Toe
Bun. His methods are shown by his dealings
with a marchant In Birmingham, Ala., who
wrote to Thb Sun on May 27, 1807, as follows:
To thi: Editor or Tnz Sum Sir: On Thursday,
May 20, a tall, genteel-looking man umi into tar
tore, and, having concluded a purchase, tendered
me a draft on Tnn Bun Fabllihlng Company to the
amount of 124, signed by " Chsa. A. Brush, Aisi.
Edt." Ue also showed me a eontraet with Trat Son,
bearing the Nsame signature, apparently everything
being all right. He also showed me soma naturaliza
tion papers, made out to the same (his) name, Wil
liam Lodtman. This A. M. said draft was returned
to me protested. Oan you giTS me any information
concerning the man, and where I would bo Ukelr to
catch him? Is tbe naturalltation paper a forgery,
and is Charles A. Brush a fictitious person as assistant
editor? The.certlficate he showed me connecting
him with your paper seemed to bear all the marks
of genuineness. Be kind enonch to publish him and
top his nefarious business. Tours, ic, I. s.
DinsilNainsl, Ala., May 2T.
No such person as Lodtman or "Charles A.
Brush, Asst. Editor," has ever been connected
with TnE Bun. Lodtman hnd also been pass
ing worthless drafts on tho Tribune slcnod by a
fictitious "James I. Elliott. Asst. Editor." on
the Mail and Kiprt and on other papers. In
each case ho d reduced evldonco to snow that
he was a representative of whatever paper ho
selected as basis for his swindling. Tho mntter
was reported to Police Headquarters in this
olty. nnd Lodtman was Identified as n swindlor
who hnd served a term of eleven months on
Blackwell's Island forpasslng worthless chocks.
After working the Bouth he went Wost and
turned up In Ban Francisco, where he was ar
rested In July for passing bogus drafts. He
was already known in that part of tho countrjr,
having servod a term for forgery, but he cot off
this time with a light sentence and Is now at
his work again. The publio is hereby warned
against him.
Lodtman Is about' 50 yearn old. 0 foot 2K
Inches tall, with a snllow complexion nnd a
light mustache. The last official figures of his
weleht are 187 pounds. In the summer of 18HO:
Ho has a mole on tho bock of his left hand, an
other on his left cheek near the nose, and a
ucar on tho lnsldo ot his right thumb. Though
n Gorman by birth, he speaks good EngllBli.
For the Information of the public It may be
eald that no ono In Tnn Sun's employ is em
powered to draw upon The Sun without direct
and explicit authority from this office, and any
ono presenting a draft on The Sun. signed
"Wm. Lodtman," or "Oharlos A. Brush," or
William M. Gardiner," should bo at once
handed over to the police.
SUES DOCTOR FOn A WIFB.
Jnmes J. Ryan Asks 880,000 for the Loss of
Mrs. Ryan's Affections.
The action of Jamrs J. Ryan to recover $50.
000 from Dr. Michael B. Feeney for the alien
ation of the affections of his wi'o, Juliette
Ryan, in which a juror was withdrawn a few
days ago to cure defects In tho pleadings, was
again on trial before Justice Beach ot the Su
preme Court yesterday. Dr. Feeney. who has
hls'ofllco at 32 Third street, is an Inspector of
the Department ot Health.
Ryan said that attor his marriage in 1801 he
was Introduced by his wife to Dr. Feenoy. Tho
physician congratulated him on having so
beautiful a woman for his wife. Mrs. Ryan
was 111 considerably for a year or two there
after. Mr. Ryan said, and Dr. Feeney attended
her. lie used to call about three times a week
and Ryan said that he beoame suspicious, Ho
went to Dr. Feenoy as tho result ot Information
he obtained from a nurse and remonstrated
with him forlockinr the door on tho inside
when ho called on Mrs. Ryan and for giving
her presents. Mrs. Ryan subsequently left
her husbaud and went to live with her mother,
but Ryan said that the physician continued to
call upon her Mrs. Ryan returned to hor
homo In the fall ot 1802 "and Ityan says that
in November he told the.pliyslolan not to call
aa-aln.
Fourmontns later Mrs. Ryan beoame HI again
and told her husband that aha would havo no
other physician tban Dr. Feeney. As she per
sisted Ryan said he Informed the physlolan
that he mlarht oall again. Thereafter Fee
ney's visits were so numerous and he stayed
so long that Ryanldoubtod that his wife was
ill at all. He again told tho physician not to
call. Mrs. Ryan subsequently left her home,
and Ryan says she has since been harbored by
Dr. Feeney, In December. IVi. Ryan said
that he broke Into the house of tho physclian
and found his wife In the back parlor.
Ihe case was not ooncluded.
SSL
Original Drawings
PHIL MAY
AT
Arthur Tooth & Sons',
299 Fifth Ave.,
Oor.Sistflt, N. r.
aV
laV t
The day of high prices for desks
has gone by. Come to 15 Stone I
Street and you will see for yourself. I
HALE CO., I - I Bj
Desks At export prtcei, j W I
15 Stone Street,
next Produce Exchange. J
nun xvnoLAn irnAns sicinra.
A Heavy Veil Conceals' His ninok-Benrded
Face When Ite Steals,
When Louis Bornstoln returned to htelodg-1
Inge In the flat occupied by Edward Weiss, on
the second floor of 343 EastFlf ty-sococd street,
on Tuesday ovenlng at 0 O'clock, ho found a
pprson dressed In woman's garments standing
near the closot In his room. -A heavy voll cov
ered tho person's faco. and tho dress was black,
"What are you doing horo, Madam ?"askod'
Bernstein.
Tho' person mado no reply. Bornstoln re
poatod tho quostlon.-
Tho supposed woman startod toward the
door. Bornstoln trlod to Intercept 'tho In
truder, nnd was Btnrtled whon ho hoard a
hoarse, gutteral voice shout: Got. out of my
way or 1TII lot daylight through you 1"
Borneteln grabbed his visitor by the throat,
and In tho struggle that followod the veil was
pulled away nnd tho faoo of a black-wh skerod
mnn wbb disclosed. He was of stout build, had
no difficulty in breaking awny from Bornstoln,
who weighs less than 130 pounds, and started
for tho stairway. Bernstein rolled for help,
nnd Isnno Weiss, son of tho lessee of the Hat,
camo to his assistance. Thoy followod tho man
to the stoop, whore healmed a revolver atthom
and warnod thom thnt If thoy pursued him fur
thorlie would kill thom. Then he gathered up
his skirts and ran toward First avenuo, whoro
ho disappeared. ,. .... . . . .
Bomstcln found that ho had beon robbed of
several suits ot clothes and some small articlos
of jowolry. The door to hla room had boen
forced with a jimmy. During the last throe
weeks there have boon a numbor of burglaries
reported from the neighborhood. In whloh
Bornstoln lives. Clothing and jewelry Valued
nt sevoral hundred dollars havo been stolen.
Among tho victims Is Thomas Murphy, a po
liceman attached to tho Fast Fifty-first Btreet
station. His apartments on tho third floor of
331 East Fifty-second street were entored two
woeks ago while Murphy and his family were
at Buppor. Tho hall bedroom door was forced
opon and sovoral suits of clothing were stolon.
In the house where Bornstoln lives live Police
men McDonald and Holmusof the East Fifty
first street station, and Deteotlvo Scharm. who
Is now In a hospital suffering from wounds re
ceived in a fight with thieves whom he discov
ered soveral weeks ago stealing a quantity of
wine In Tonth avenuo.
anox by a. manvrAYiiAir.
An Italian Laborer Seriously Wounded by
a Thief in Monroe Street.
Salvator Lutro, a laborer, of 37 Monroe street
wob shot and dangerously wounded yester
day afternoon by one ot a gang of toughs
whose hoadquarters are around Monroe street
and New Bowery. A half dozen members
of this gang wero standlmr In front ot 17
Monroo street about 3 o'clock when Lutro and
Joseph Macalugl ot CO Oliver street came
along going toward Now Bowery. Macalugl'n
coat was unbuttoned and his gold watch chain
caught the eye of one ot the gang and he
grabbed for It. ,
Maoalugl began fighting. He caught the
thief's hand and rolled to Lutro for help. The
latter responded .and the other toughs joined
in. In tbe mix-up one of the gang tired a shot
into Lutro's breast. He fell down in the snow,
and Macalugl in his exoltement let go of tho
man who had his chain. In another seoond
both chain and watoh were gone. The gang
separated. The man with the watch ana the
one with the revolver ran up Monroe street
and turned-down Market toward the river.
They soon distanced thoso ot the crowd who
followed and maae good their escape.
When Policeman JClely got nround Lutro
was still lying in the street. The bullet had
entered his left breast near the heart. He was
sent to Gouverneur Hospital, where the doo
tora said his condition was critical.
Witnesses to the shootlnesay that all the
members of the gang wero quite young, rang
ing from 18 'to 21 years of age. The one who
did the shooting is described as being short
and thick-set with sandy hair and oomplexlon.
The polico say they know who he Is. and a halt
dozen ununiformed officers from the Madison
street station were looking for him last, night.
Last night the police arrested Joseph Heriihy.
10 years old, of 3D l'earl street; Bernard
Thompson. 17 years old. of 17 New Chambers
street: Michael Macray, 18 years old. of 11
Hamilton street, and Charles Johnson, 17 years
old, of 48 Rutgers street. Herllhy was identi
fied by Lutra at the hospital as the one who
fired the shot. The rest wore Idontllied as
having been in the crowd, and they were all
looked up. A silver watch was found on one of
the prisoners which is believod to be Macaluss's.
SI AY OR HOOS ON PENSIONS.
Enforced Retirements of Policemen nn In
justice to the Taxpayers.
The entoroed retirement ot Polio Captain
Moses E. Newton br the Jersey City Police
Commissioners on Monday evening has stirred
up MayorlHoos. who deolares that their action
was detrimental to the city's Interests In the
following letter which he sent to the Commis
sioners yesterday:
"Gentlemen: I am Informed that your
honorable board has determined to place Oapt.
Moses E. Newton on the retired list with a pen
sion ot $1,000 a year. Capt Newton has
served in his present offlco twelve years. He
Is in good hoalthland of most excellent reputa
tion. His record shows that there has never
been a charge preferred against him since his
appointment aa Captain, He is willing and
able to serve the olty and has not askod to be
retired on a pension. This being so. he should
be allowed to remain la his present position.
"To retire a healthy, willing and efllolent
offloor because ne has reached an ace when
legislation gives him tho right to aak for re
tirement is not only an Injustice to the tax
payers of the olty. but it is ealoulated to bring
tho pension laws affeotlng your department into
disrepute. Ho can perform the duties of: his
office. He is wllllne to do so. Why, then,
should you call upon his fellow citizens to give
him a pension ho does not ask for? No man
who can servo the city should be retired upon
a pension, and a course In violation of this
proposition oannot be long pursued without
resulting In injury to thoso who beoome lnoa
vaoltated in the publlo sorrlce. I shall deem
It my duty to resist any attempt to waste pub
lic moneys by retiring on a pension any mom
bor of your force who is both oompetent and
willing to continue in active servlao."
It is said that Capt. Newton would oontest
his retirement In the courts, but he told Chief
Murphy yosterday that he had no suoh Inten
tion, although he feels the action of the board
keenly.
FVNWIAT, OF ACTOR COUZDOCK.
Services in th Little Church Around tbe
Corner Yesterday,
The funeral of Oharlos W. Couldock, the vet
eran actor, was held yestorday morning from
the Little Church Around the Corner, tho Rev,
Dr. Houghton conducting the sorvlces. There
wero a largo number of thoatrloal people
present. The pallbearers were Frank W. San
ger, Daniel Frohman, E. J, Wendell, Douglas
Taylor, Charles W. Dayton-' and William F.
Clifton. John Drew was to havo been a pall
bearer, but was unable to he present. Tho in
terment was in the Actors' Fund plot.
It has been deolded to hold a benefit for Mr.
Couldock'a grandchild. Hazel Couldoek, on Dec.
30, and a number ot actors havo ulready vol
unteered to appear.
Two Fatal Accidents In Corinth, N. T.
BiEiTCOi, Nov, 30, George Burnham, the
12-year-old son of W. J. Burnham. was drowned
In the Getman Mill Pond In Corinth to-day,
having been excused from school to go skating
on the thin Ice. Ins bodymas recovered. Robert
Roy. aged 30 years, a paper maker, was In
stantly killed In tho International Paper Com
pany's mills in Corinth. He was crushed in a
reel. Roy was married tour woeks ago.
Two Men Hurled Alive.
GLovERSviLi.it. N. Y Nov. 30. Jacob Kuster
and John M, Byron, while shovolllng sand in
this city to-day, wero buriod undor a mass of
earth which fell suddenly on them and on Ed
ward Monahan nnd a team of horses. Monahan
and the horses were resoued. but Byron and
Kuster died ot suffocation before the shovellers,
who worked actively, could reach them.
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Edison Records, SOc. each; 15 per dot.
Diamond Jewelry
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I Thr Idrnl Iron Tnnir ,,iiMlffi Iv'
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ICB FZOES OFF CAPH IIOBN. 1
Tbe British Bnrk Afon Alnw Remmti) In I
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Ban Fbinctbco. Cal.. Nov. 30. Th British I
bark Alfon Alavr, Capt Thomas, whloh arrived I
to-dar from Swansea, reports meeting with M.
lmmensa Ico floes whllo rounding Capo Horn.
On Sept. 12, In latitude 50 south, the watoh on I
the topgallant yard reported Icebergs ahead. I
The Icebergs turned out to be floes, br whloh I
the vessel was hemmed in for nearly three days, I
At midnight on tho 12th a blizzard oame down I
on tho ship. It was impossible to makesall, as
all tho ropes and Uoklo, dock, roasts and yards 1
were sheeted with Ice. In aoino places on the
deck the lco was over a foot thick.
The loo floe was not thick and did np damage
to the vessel. On Hept. lit tho ico had disap
peared and no more was seen, although tne
vessel stood to 00 south. The skipper said
he had made twenty-f our voyagos wost around
Cape Horn, but had cover before mot an ice
fiack or soon blooks. sails and ropes so frozen
hat the yards could not be hauled around.
Onion Ballirny's Car Barn Bnrnod.
The car stables ot the Union Hallway Com
pany, at Woodruff avenue and Boston road.
wore destroyed by flro yosterday. ft-
The Are was discovered by ono of Jhe em- J
ployeesoftho road, who was at work on tha
second floor, near where It started. The build
ing was two stories and made of brlok. The
heat from the burnlngbulldlDgcnuBedtheeleo
trlo wires to snap along the front of the stables.
As soon as this was discovered tho power was i
ImmodlatAly shut off. This oaused n block for '
several hours on all tho linos ot the company
Persian Lamb Skins
German dyed, which retains its
rich luster for years is the best
Muffs $12, $15 and $18.
Fashionable coats $150, $175.
Jackets $25 less.
NOTE. I could sell American
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mrnnTKR and maxiii'aotubek,
42d St. West, bet. Broadway and 6th Ave.
Xbe firm nam is a guarantee ot reliability,
r- - , . assaal

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