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4 THE SUN, WEDNESDAY, OCTOBER 4. 1911. BANK DEALS AND DUMMIES PAI L OHOVT, THE I XIOXS AT- to UN MY, ff VI KB BO A oo VT f hem. Didn't iiraw Paper of Ileal for People ' Hank anil 4'an'l Kxplaln IHacri -pane) to Price of Mhsrrt At fo Uraemia for lliininilm I 'orgrrlrs Alleged. Ptuil (Inmt admitted at yeMerilay's session of Mm Union Until, itiveitigiitiim in Brooklyn that he was particularly eager to linve the lunik reo.gMi. as lie considered it the surest w;iy of wiving $20.twn worth of stock To Ihlr) Btld lie harl secured special lunik examiners who declared that t bank WM in WSt olaM condition, bill ha hail never taken any to satisfy limine f. 'IHa . a ...i ik. . m--n. ..i t, I of the various manager of branche were enough for him. lust us the Itapofl of the Hanking Departtnenl wits enough for hi brother, Edward M. Orout, who has refused to testify Ik, fore the com mission Bleep! on hi own condition The reoieiiitin Wag achieved through the efforts of the director, who were all racer to tuing it almut. according to Mr. (Irout. There wa a flurry of appre hension, however, and a lot of hurried negotiations when it wa learned that one of the bank clerks had given a damaging story to n New York newspajier Paul Cirout managed to suppress Ihe story after the clerk had signed a retraction The clerk has said he was frightened Into signing by threats of prosecution, but Mr Cirout save that he ilidn'i threaten I to prosecute him and he doesn't think I "".. and aa be waa into rented In the cora ..... . i aia ii iij , i 'i . I nany. lie needed no Inducement from the any one else did Me did telephone lo . . , , . , - :, IT , ... . , tinnk to become an Inderal i s tor the the attorney for the paper, he nayi and CBWti 0f mkjreprtamUUon a to tol ls tima tad that he might lose about 110,0001 V(.n,.v ,,,, , DOauch mien presentation if the story was published The bank I We had M reason to believe the hank to was reopened and Mr. Orout got gtO.OOOjbe Insolvent I atam call attention lo the for hi service His brother lcame president and remained so until the bank closed again. In the course of his examination Mr Orout was quitaad niiout mailers relating to the Mechanics and Traders Hank and the Union Bank, especially almut the deal whereby the old Union Bank got possession of the People's Bank ill 1008. At an earlier session a witness had testified that Mr Orout drew up all the papers in thia deal as attorney for the People's Bank, and had suggested ihat he might be able to throw some light on a dis crepancy in price of Ktt a share that appears in the pajiers tiled with the County Clerk and those on tile with the State Banking liepailment There was an authorized purchase price of tain a share, which appeared to have lieen Imosted to 0405 All knowledge of this discrepancy, however, was disclaimed by Mr Orout. who said that he was attorney for the Union Bank, not the People's, at the time the sale' was made. He denied Ihat the papers had lieen drawn up in hi office and explained the phraseology on the1 ground that he had drawn up two eels of papers previously when sales war , impending and that some one had made i a copy ol one of these, making the ne-,s-1 k..M .,, j.im niM. i..,,i -.tu.. ! , .. . . . . ', ... ,. details, anil had let it go at that. His first knowledge of the discrepancy in i figures ban come to him. he said, as a result of the investigation Tha original i agreernent as tiled with '.lie County i lerk ; is not on In stationery, he said Mr. Orout dented thai lie hud U-en present at a directors .meeUng of the, Union fiunk at which price was discussed notwithstanding the testimony previously given by Henry Roth, one of the bank director "Mr. Roth' testimony is incorrect." Mr Orout said. "Major Ashley and Mr. MichAels both assured me I was not present and 1 have no reco'lection of having been, The minutes of the meet ing were prepared in advance at my office with blanks for the names I .1 the meeting nrogmaa in the manner Indicated in the minutes." The papers in tins deal were filed through OroUt'S offloa. He admitted this although detiymg that he had drawn the agreement of sale. He had attended the mcetino's of both bunk, he s.i.d and had never heard 40S I share meniioned as I the nurobatt price Roth had testified that this price was invariably mentioned . - i mo-Miig. . In explaining a certain real estate 'ti,M II transaction Mr Orout blamed a mis placed faith in David A. Sullivan. Who nan drawn mm into ins ucai. ne sain. into I tie- deal, lie said. . ano nan loiaiea a dummy on mm. in- dummy on him. In cidenially Sullivan had len instrumental n letting Mr Orout have the where withal, several thousand dollar, on hi unsecure.1 note. The property is situated in Wat kin street. It came to the Union Bank thtoiigh a series of dummies. Orout owned it according to the records, from Octoiier. 111. to August. 1005. At one time he owned it jointly with Sullivan, and op Sullivan recommendation he transferred it to a Sullivan dummy The property coat IIB.SOQ and i . ., .i, ,-t ,' ,.,.al VIII 1IWI ntt.i .pnkl 11, 100, bui Mr Orout could give no in ,', ........ ...... ......... ..'.., . .. .!,',. . formation regarding it subsequent his tory involving a transfer to several durnmiei and a dummy mortgage for 180,000, Mr Cirout testified thai he had heard something about the dummy companies used bv i he bank but had understood WUM iih'v l.ftu limit! iii-i oni niii.-y. i ue iaoi mat t:e. urr contracting uompany owed the Mechanloa and Trailer Hank a largo sum of money when the latl opened as ihe Union had not come to his attention cither as director or attorney. In two Instances his office hud Used dum mies in ban transact ions after the liank reoi'H-ie.t with ins brother, Edward M Grout, a. il- head, but both were excused by tin- wii, i, on the ground thnt they were advi nl ut to ihe bank. Th-se dummy transactions had to do with the Brigrwood date and Ihe Liberty Avenue Theatre matler. "tine other company was organi'.ed the Shot land i omiany," Mr. I 'ropSSV sug gested . This company wa- the result (1f Edward M. QrOUt'a suggest ion The witness ex plained thai it was organised to act for the bank in certain foreclosure proof-ding lWlin-' idea was it to Incorporate tbjjl company?" "My brother - fa sa;d he wanted a oompany inoorporated and I incorporatad it." "Any reason why be should want it done?" Mr. Cropsey Inquired "I don't recall any " Mr. Orout. recalled tanother company that had been orgii'M ad to handle the Metropolitan Trust Company loan It ho.d nev r been Usad, In said AccorditiL! to Mr Uroul the reopening of the bank wa decided upon by tile director on the very night it closed its doors. It was rao I us the r., Bank with Edward M. (iroul as president after two bank examinets secured by I'niii (itoiit had exiuiiiucd ihe instil in urn und reported that it hid assets ,,f Ji (Km.non in excess of nil liabilities Mr Grout didn't know who had paid Cole and SWH.ey. Ihe two exam is. but tie did recall that in-had pui llietn lo work in older lo get, tne nanii reopened. 1I didn't know who paid the expanses of I ha reopening and couldn't throw anv ligl.i on two evtienditures. one for t'.'tfl -247 .si Iheothei for9ft0.29S.44. both of which had been ch imed to profit and lots. He didn't Ihink it. iscelvnr's expenset could have amounted to morn thtn lioo.om Mr Or it sod thai no himself got 920. oni 0U of a ; "nmisod KS.OOI for his services at th: time. Its dd not remsmhar the detn.is of how it oam to him. More ciiarges of forgery wsra made at thia session by persons who for the flrat time, (to they said, saw check bearing their name. Fraud C. Brown Mid that every check bearing hia name was forged. Home of thone were signed "By I.. I). Btirkhardt, attorney. " Brown denied th.it he hud ever given Ml Hi irk lis nit hi power of attorney. Miaa Btirkhardt wii Sullivan' private secretary. Hhe i now missing. N. Willard OUrtll waa another witness. He whs president of the Atlantic Bank when Sullivan was president, unci is now lieing sued for I20.UU0 as vine-president of the Twentieth Century Const ruction Company. He testified, after looking ut several check supposed to lie hi that hail bee-i charged to the account of Fraud C. Brown thnt, he had never owed a cent to Brown or Charles Rstner Some t ttie chuck were made out to Hitner who wa excused from duty With the He i) tern tier titnnd Jury because of hi affiliations with real estate and banking Interests These checks had not been ""Mow y wmtweras, .. I that the wny you ran the liankf" Alt'. 1 roliHev nuUoil i man 1 run it. Hie witness reiorteo. I got out because of (lie wav it was run Vl , .. ... ... . i- Edward M Orout aava out rasterdav this stulement: I Dtll the publication, last alghl nuil this morning I never heard of am nronotltlon to lend Mr I nitis of Fast New York Hmt.iHHi 00 his personal note if he would become a director of the fnlon itnnk Ko tuchj proposition was ever authorized by anv of I the OfflCtrt of (he tiank nor by the direc-I tors. No inch loan could have lieen inaile ' or would have heen mad', and I do not believe tor one niiuute that Mr. smith. I the mniiHKer of ih ttlantlo branch, under took to make kiiv such unnuthorteit and j Imnoatlbla prnpnaitlon Tat "bank did HOI make any Ucfl loans to its dlraotOra ' during tin presidency I Ih" loan to the Twentieth Centurv Com- pany was nisile on Mr t urti I imloisi--1 fact, winch I have previously elated, that at the ui asamtnatlM by the Bmiuing Departnieat, oompletad at the tun of in closing in April, 110. the hank was not found to he msolvrnt hut to have 1974,000 over and above its lienililiea I had no personal dealings with Mr. Cur tis or Mr Mint, in this matter whatever. I and I never heard of anv dsalint with " "" -ow u"" ur tsWHMWiy m theni other than appear on the face of the quiring whether they cannot withdraw notea which they indorsed their deposits and go elsewhere to begin . life anew UIMBEI.S UIYE .4 IHXSER Annlrrar of Te Celebrate the Klrtl Their Ntore. Vermont turkeya. peaches Melba. vint age King and uch tiling were ottered up last night in celebration of the r)rt anniversary of Oimlie! Bros opening ill New York The dinner waa given I by the fiim to the buyers and manager of the New York and Philadelphia stores ; It was served in Ihe restaurant on the i eighth floor of the Oimla-I store on Oree j ley Square. Two hundred and ten bny I ers. managers and other guests sat down to it. Isaac Qlmbal was (stmaster. With',,, 1,,,, the grant heai of wreckage him at the stwukeis' table were Louis ! and drag from them I he botiiea of animal M ' oil..! I'lotrlMU IlimlMil kwrnuril V lu.l.l..l. . t-.. lkM.ft.nln. (lie v-illev urill, Oimliel and .lauob Dimls-I. the head of the firm; William O. McAdoo. la-igh Mitchell ! lioge. James Fluhertv, A. A Chria- I tlan , James C. Dayton, llerls-rt F. Oun- j nison and S H. Dltchett. i William O McAdoo. whose tunnel I crop out under the New York store, apok "t the opaning of tlie dinner, touch- admiringly Upon the store enter-j lis, .inn hit- i i i- oi i- ,,'riiiiri. and said '.heir tUOOaatf ul year bad lieen due to the square deal they had given the pubhe aaco., w.m.s,. naenei. .... nr. year of the New York venture to a twelve j mouths voyage on the ocean of busiuesa. It had been a succetsful urgosy. he said. I and he wa warm iu appreciation or the .spirit among the employee which had made success possible. He wa much interrupted by applause. "This store is. in one sense, a gre.u i college of instruction in the activities of businaaa, he told the buyara and man agers. "You are in effect the professors the faculty of tins college. It is your Ingt privilege to isiitit out to the juniors ! lid ther subordinatea the aoal of lion- orable business success In this you have great influence iniid grest respon- ibility, VmI ma u to.' . Iu . i.i , , li,,w MW influence and examjile I tear fruit, " but instance have been noted durkjig the past year. Pareni have come and told ii of improvement they -had noticed in lh,"r 8on,, aml duughters GB0B0B If. Y0VN0 LOSES. Vermel for a Per l ent of I , Mortgage Aside. snil Trtul Promt Net Supreme I'oun ,lus'ice Oiegerich tet ,i.. ...iur,i- . ,or,i,..i ,.Ki,n..i h. ,,... v,.- ........... .k. . ',r"ir ' . WUU UH111"' i1"" WUII.H tstr.tes Mortgage and Trust Company for I1SS.O0O. as 5 per i-ent. of the profit of the company between 1002 and I90S, during which time Mr Young was presi dent and the company waa controlled by the Mutual Lit A jury gave atjudg-n-ent for Mr Young when the case was tried las' spring a resolution by the board of directors of the trust company to give Mr Young a participation in the profits in addition to his $2S.otm salary, and in th" eighteen months prior to 1902 he had received lifUMio bonus under the agreement The resolution pssd by the hlwd merely stated thnr Mr limn? was lo nave fl Mi rtioipat ion in the net profits omnpny durini 'he pleasure of nf ,).,. hoard ." but Mr Young said that S ?r i-n' was trie understood amount .lust ice Oiegerich st rsid" the verdict for Young on the ground that the reso- i lutlon did not in terms provide for s 5 per I ci m parlicipatinn as long aa Mr Younn miaht remain with the company, end because in the semi-annual reports of) men Mini itlrd )e. the company to the Ranking Departtuonl . . . .... the participation was not mentioned as a Hamlin S Koenig. chairman of the fte ajiability of the comapny publican county committee; Kugene H. TBLLINQ ox CI srJHS MBN, Mr. JJonklRI and Her Suite tin llrfnre the tirand .lury. The l-'e.leial Orand Jury began yeeter- day an investigation of the customs service to ascertain who were responsible for the lux conditions of two years ago when smuggling was comparatively easy. This investigation was insi ired by the disclosurea made by Mrs Helen Dwelle Jenkins, resulting in the indictment of Nathan Allen of Kenosha. Wis , and John It Collins nf Memphis for smuggling aliiahle jewels and other articles Allen and Collins, who were fined on Moiwluv .... their ulcus of inijn- ,t.s. mmM .... .mh.i i r. ", . ' - i 1 1 , i ., . 1 1 , .., I to uiitianr l,,foi. tin. tlruri.i I lury to tell how they worked the game Mi Jenkins was on hand too to supple ' incut anv former information she hud I given With Mrs Jenkins was Richard , Parr, ihe special agent who worked up lUiecayc Collins and the Jenkins woman paied the corridor within a very short distance nf each other while waiting to I w ' "Med to the Orand Jury room, but did not si change greetings nupreme i oun -lustioe renoieton naniao yesterday an ar innllcati tion by Mm. Jenkins for a jury trial of a suit brought against her by Mrs Hehecca B. Powell to fore close a mortgage for 981,000 on a house at 3d West Faghtv-stxth street opium 4Sett chin Sam Rearrested. Chin Sam of Chinatown, a friend of Boston Charley, wa rearrested yes terday on a second ohargs of dealing in smoking opium. With Chin Sam waa arrested Chin Fook. Both gave bail. GOVERNOR AT SCENE OF FLOOD PROS Ml TOM TO INi BSTIBATB CAI'SE OE UAH'S BREAK. Man) Ytellnta of Austin Ulasatrr llnnir- W holly rrtrd Inadequalr teed Haiti Drinking Water a Menace. Al'STIN. Pa., Oct. 3. (lov. Tener arrived at Austin to-night at IjlD, lie and Dr. Dixon immediately held a coiifereiiii-, the result of which will be made known later. The secretary of Dr Dixon said that ataponalbillty for tha dam't OOllapae Wit j discussed and the situation reviewed from ; every standpoint. The (iovertinr c.ime from llimisluirg in a private eAr which was placed upon a siding und in which he will sleep. There were a BumtaW of Stale official! with him. Their identity was not disclosed. District Attorney Nelson, who was lot lo sight late in the afternoon, is Mid to be with (low Teller and lr Dixon. Deputy Attorney 0 en era! rlargast, as signed here by Attorney -ticiieral Bell, accompanied (low Teller mid will co operate with the District Atlorncy in planning for the InqUMl on Friday There was much speculation among the survivor to-day a to BOW soj'i Ihey might Is- able to draw their savings from the vaults of the Austin bank, which re mained Intact, although the structure itseif was badly tljinuged I here waa a report current which V Ai Met calf, the president, refused todlSCUM, mat I lie Pans, wnicli curneil nioi ig.igc-i on many homes that were destroyed by the flood would not be able to immedi ately m1! the demands of its depositor. C. (I. Bay less and his ton, Franklin Bayless. who owned the dam, were vice preaident and treasurer ot the bank, the only financial ItVtlitUtloO in the town. While the bank did not pay Internal upon deposit les than a year old. many of tin men who worked In the Bay lent Paper and Pulp Mill put their saving in it . When Austin wv IWtpt tWay many lost everything except the savings in Mr Metcalfe explained that the in- ttitution was a copartneislup. 01 ganized in 1WJ3 but never incorporuteu tie said it had not been tu ci ssary to even obtein a charter under tha Sinti naiiKini; Irws. ak the bunk wv private moern only "Ihe affairs ot i he pank its officers and the people." was the reply that Metcalf made to a qttOBtlon as to whether those who hurt money in the bank might soon hois, to obtain what was due them While Ihe number missing has lieen ettimated bv Dr Dixon at fewer lhn a hundred it is believed bv m.Miv Oial Ihe list Will i xceeil the estilll 01 th. laUthoritku) and that many bodies buried 'under gre.it heapt of mud will never lie brought to livln II .. U of w.o-Umen loile.l all ibiv pestilence. The ikIIu'ioii of the water supply i giving Dr. Dlton and hta aatooiataa gynva concern. A number of children havt been poisoned, though not aorioualy. by I drinking from tprltlgt In which now lurk' the germs of dlaotae. Danger signs I have been posted ovei well and streams I and every bit of Water thut i lielieved , in 1 1 . i , o,-,-o i in w ii,, i, i I'p to a o'clock seven more bodies, a . :x - hiirred si nil OOUtlting us oi.e. were dug I from the rums ainca morning, maktiig a .oun o. 'r.y-s.x o.m -e .; Potter county, said'to-dav thai be wpuld ' exercise the power of a Coroner and would II W Ilo.le.ol i, . ,.f hold an imprest on Friday, which would Is- a search tig invest ignt ion of the causes ..... W . " . ... . which led opto the breaking of the dam. He il, I that tne but condition the Hurlvss dam before it finally brok was too serious a matter for a justice of peace to investigate and that he had decided to Impanel a jury himself and orotic the disuster. starvation luces .i(i luimiie . tnit i lie .Slate authorities ute trying to care for Dr. Ihxoii said that unless fnut soon i begins to arrive it w ill be impossible to feed Ihe homeless t hrusl upon the mercies of tin, I UH Ml tl SPAS ll ll I Ue IV to, I.umI 1 is going up from Austin, and with less than j ' llO.ofin contributed to the relief fund, i . i n m oi wnicn waaooox-riDUiaa oy en izen of Philadelphia. Dr Dixon declared that the situation had become serious. Carloads of clothing arrived to-day from Philadelphia, and while they were gladly received Dr. Dixon pointed out tliat what was needed most waa food. A striking instance of the need for food was supplied to-dav when the State j Health Commissioner sent men to South- h Commissioner sent men to South- port to purchase 2,000 loaves of bread for : met and adopted the equalisation table the women and children All that money for 1911. Fxpialising the percentages of could buy was MO loaves, and to-night a the real estate values between the coun alice or two of brend was all that many a ties the equalisation table ahowed per nio! her could offer her children. I sonal property subject to local taxation A substantial addition to the relief fund 1 throughout the State aggregating 1482, is mide to-d iy by Mrs Mr-Call, a 1 27S.599 and the assessed vslue of real waa wealthy reaident of Smithport, w BO ten dered a check fo 11,000, while the citi zens of Wellsboro contributed 9I.3O0 Isolated aa the destitute survivor are, with the nearest town eighteen miles away and only a single line of railroad tracK that crawls over the mountain sides, their predicament has become most Beri ous. "We are extremely grateful Tor Ihe money we have received." Dr. Dixon said to. ,lu,. "t.iil fin, I il imrmuuil.la to noc. chase atifflcient food in the country sur ; rounding us. Five hundred families have ! already proved a severe task upon the I resources of neighboring oomnunitiea ' and Unlets we soon rei-eive carloads of food from more distant points we yluill be confronted wilh a situation even more grM-." AXTI-CHA RTER I OS FBBBNCB. 1 Proposition I to neat Ml the tsarnilili- uutorunagSi onairman oi ine transit comfnittec of the Chamber of Commerce; John I. Hoops, chairman of the Inde pendence League county committee; Charles H. Strong, president of the City flub. Allan Robinson, president of the . 111... o .... I .'....... I... ... r... ,e , r, " ' " " v " ' . , ' Mayor; William Ian Hohisffelin, chairman of the Citizens I mon. and liussell Hem diet, president of ihe Hi klyn League. have signed a cull for a conference to held at the Hotel Manhattan on Friday evening "to consider ways ami means (if continuing the light against the proposed charter at the next election and making certain that no Assemblyman who voted for the charter shall be nominated und elected." ' JAY QOVLQ Rl YS a UOVMB, Authoritative Mori That lie l the Pur chaser or marl Fifth Avenue. Jay Qouldi who last April married Mist Annie Douglas Oraham, has bought the dwelling house at lOS'J Fifth avenue, ac cording to u story from an authoritative source yesterday The house was bought from Charles S. Phillip for about 92.'.ii.o.hi. It is a aix story building of the American basement type and covers a lot 26.3x102 two houses north of Kighty-nlnth street. It was erected iu 1001 together with the two adjoining nouiw ami is coim.uerea among the finest of the small houasa on Fifth avenue. Mrs F.lisabeth W. Van Ingen lives in 1081 und Archer Hunting ton occupies 10S3. Mr. Gould's alster Marjorls. who mar ried Anthonv Drexel. lives on Fifth ave nue near Kightv-third street, snd his father is at Sixty seventh street. COI'NTY COMMITTEE AT PEACE. I nsnlmona far Harmony and Kernig and Mr. Taft la IWI1. The family dissensions which have been disturbing the Republican county organ ization are to be dropped if the protesta tions made last night by the district leaders a t the annual meeting of the county committee for organization are to lie re lied on. The haada of the committee pledged themselves to work ill harmony not only to win back the Assembly but to carry the State for President Taft next year. The election of officers last night was unanimous. Samuel S. Koenig was reelected president and his nomination WM seconded by the district leaden, who opposed his selection to succeed . Moyd C. Oriwom I Otto T llannaiil. temporary chairman, i condemned the new charter and the bevy j election hill Mr Kissnig in thanking the committee for hi reelection said that he was for harmony and 'I aft Collin II Woodward wu elected first vice-president, Joseph 1evensoii second (vice-president, John Boyle. ,lr . was re- electcl secretary ami Ogden I, Mills ; t rttiuror. A number of resolutions were passed condemning the "vicious Tammanv Murphy-Ouynor" charter and also re ferring to the reapiKirtionment bill as a disgraceful gerrymander and the most unfair and unscientific ever adopted" BAY ST A TB CONVENTION TO-DAY. Republican l.eadert- Face Radletl II--mauds From I usurer ni. ' Boston, Oct. S. Senators Lodge and ! t'rane and several hundred RopubtiOBua, I including nbout all the State officeholders. attended the "night before" gathering j wiiich is annually held at the American I House on Ihe eve of the State convention. Congressman Roliert O. Harris will preside at the convention In Tremont Temple to-morrow. Samuel I, Fldr will present the platform. Up to a late hour to. night the platform had not been I completed, and there promises to lie I some tirework in the convention aa Rua j sell A Wood of Cambridge, who was de I feated for the Republican nomination for ' Secretary of State in the primaries, hat a few planka he would like to insert. The insurgent deranda are that a plank in favor of the initiative and the referent (loin be put in the platform, that United ' States Senators he elected by the people. ' " """a- "y ; " fJ"V. jtt. . 1Z . and Vice-President by direct vote, that "". . I na mere D qiiaoreniiiai elections oi , Htato officer., with a provition for tha inn mere imb ipiaoi eiiuiai innmi ui i " 1 . . ..1 I recall, ano inai a p ans lavormg woman s awaran ue put in line piauorm. Mr. Wood t demands include about everything that the machine doet not want and it ia doubtful If the committee on reaolu lions will stand for many or any i of them, " HUOIH: ISI.4XO SLATE re adv. Drmocrallr Mate lotnniiliin'. Work t'amplrtr far ftubmlstlen. I'RoviPKNcK, Oct S - The Democratic State convention will be held to-morrow in this dty and a lively session it ex pected, a j 00 The slate prepared by the executive mmittee it aa follows: Oovernor, U-wis A. Waterman of Providence; Lieu tenant -Oovernor. Alberio A. Archam- tatult of Warwick; Secretary- of State, ! rently nad given up any idea or dereal Saylea B Steere of Ok,uee.ter; Oeneral j X'ZuXtVZ Ireasurer. Albert M. Mteinert of PrOTi-1 tha Assembly to appoint u conference deuce; Attorney -Oeneral. James A. Cahill commit ice on the Senate direct nomina of Fist Providence. A contest will ! made to nominate Senator Sumner Mowrv of South Klnas- JSlL1rtSiS!i'!tMl sESS ?' Alt" A; gSSSW!1' 021! "V'tT"".."""?"! .. uCJ"..S ' SS"SS, . t .1' i Y r JC , I.. I.ru Imi fr. 1 lie Hiililli.rn luirt of the r . male win suck logeiuer on inai mailer The plat form has len drafted and is rtady for submission to the convention. It is not believed that there will be any contest over its adoption. Of If SHARE OE DIRECT TAX. rw York City Will tlsve to Pay to Ibe state More Than ava.OOO.lMm. Abmtvr, Oct. S. -New York city will Poy tt.30S!34J of the 10.072. 7M which is to be raised by direct tax in the State for the expenses of the State Oovernment during the tlscal year lMginning yesterday. This mean that the fifty-seven counties oultide of New Vork city will pay of thia direct tax only tl.771.421. New Vork county will pay 19.11.577; . Kines countv sstB.92. Oueens county s.'un.sw aim nionmona county stl,4TJ. : Ibe state Board of equalisation to-day estate at 99,939.001. HAS In equalising the realty values the State hoard deducted from assessed valuation til ,i.ri3.fl.'i in King county, 9lon.82S.704 in New York county, 94,944,8W in Queans county and tl .003,827 in Richmond county. PROYOCA TIOX. Jl STIFICA TIOX. 1 liallan Who Stephen Another for a Taunt enultted of Manslaughter. ' Antonio Alhano or 102 tiliver street was i aoqulttad of manslaughter yeeterdny j before Judge Malone in Oeneral Sessions. He slabbed and killed Snlvatore Ma..o I in a saloon at 39 Cherry street. His counsel i admitted the stabbing, but contended that Maxo had taunted Albano with his i I wife's faithli-es'iess and that the provor'a ; tinn was so great Ihat the Mobbing wa ' I justifiable Albano was reinandixl on I i a charge of assault in the first degree ( ourl 4'alrnilart Thlt lla. I Supreme ('onri AppriUir plvUlun No. 31. 99.99,99.97,40.99,99, II. U- IS. " i gnprsms Pouri sprrtiii Ttrnt Appeaix froni Municipal ourl rallril nl 1(1 A. M iunrima ('nan gDerlsl 1'rrm Part l Mo- ; linn rslSRdai railed t WM il Psrl 11 Kx parts Riaiwrt, fan in llssr. Holloa pri 1 fi-rrf.1 cAiisr Nu SltflK. Crin-rjil eslrnilar Nes. ' pifts, psi, isii, 'jn'j-', :iii. -t-s. 7,vi. ira. hu. ant' I : plvnrrr inli'iulsr called si in in A. M Pan IV. ; osts unftnlanstl, fan . rsts unftafsssa. Csttx i Mni (rant fn in to Psrts IV.. v snd v Trial Ttrnt fan II Ciiir unfinlfttird Short csussi niw. isae. im. mn. ;i7o. nxu. tt72 fan ill .cv iinftiii-iisit nay caltncUi Ha km. 119, 8711. IS, 2i. .IM. 944. SW. 934, tta.V NO, 5. 994, I ..... ... - IM l?'l 471 C". IVS I-MFI ' (' uaAalatadV Part V, CSSS unnrHshnl. fan 1 l clear Pan VII Cast usanilBSd . fan 111 laausxi n1l4. tav raimaar nof i7S 2140. M72, l3". IflOi i'175. I9ti, 1006. .'.'.M TIM. mi. ntl. 'ISS. -'215. WIS, 2217. 221U. 320. 22:.'.. mi, -'2is. TTWi mil 22'iJ. nfs, mfi -'2sii 'im "261. 22fti. 2"6I. 225B. 2257. II&S. 22(VO, M, MM nfi, '.'27.1. 2'.'80. 2281. 22st. MM, 221. 22U7, 2-ii noo, Sot, 2ioi. 2no lilt, iiM, unt, mot, fart IN i'a.1- uSODlaasu. fan X I'ase un nSltbtd. fart XI AdlOUrDM da the term i'ae win from fan VIII 10 fart IV . V , VI , VII. . IX and A Ptrl XII ArtliHtriii-U iiiutl Monilay. (letnhrr IA f art XIII. Case utrrtiilMied fart MV ('tear. Inquest- No tin Pay calen dar Sin 9125. 52". 532. 155.. 2tsa UK 417. 11 In. am. 1019. 3. ,iW' IPsi 2 sat. 9901, 9H9, 'n si.ll ..en 13.14. I53A. 1213. 1011 30JI7. I7. H.W. 2H7S. 1U77. I7U'1. 4J. lODtl. 999, 177. Idol. IW7. 21.14. -imu insi fan xv. tus unflDlthSd. psrl XVI. " Csst usOiilshed. fart XVII. 0a nuilnl-iinl Cases tent from fart XIV. u. Parta XIII.. XVI. aad XVI 1. , . .Surrotale'i I'oarl hamber ror nrnbant Wills of Kleaaar atorriio nrniaakv. rmma I.. Campbell. Jamea S UrVlly, Joseph P. Ttpplnt. I mil. Shaplra. Hraalt (Ireenbrrs. Clara ilpper halmtr. .lainra (Irav. I.ennle ml He William H. J slebert. ltoe Kerr, llary P Ii. Deyereux. at id xo A. il Trial Term No ttty ealriultr. city Court-Special Trm court opaa at in A t. Million. Trial Term Pari I near Part II. --Clear- Ptrt lll.Clttr. Day calendar noi isai, mm tat atai. ism, mm. tint. isn. 24J3, 1(90. 204. ItttV Jttl, 1097, 1U5S. It7. MM. 727, SOU. SMS. ISM. Stl. 1417:1041. 711. UU. I2S4, 1414. dSI. 2270 MM. ttfM Konlly afJSM 7a 7M. sni. am. u. Part IV -ltar. Shori rauaea No. 1909, 27J9, MM. MSt. 9409, 9431, 3414. 3424. 9477, 4M. 9447 , 9M1. 9441, 9449, 9444. 9445. 9443. I4S4. 94M. 14M, llin 428. 14S7. S4M. 4M. 9470. 1471. 3472. 9479. Ptrt V.- cisr. Ptrt VI C lear. Part VII Clear Part VIM lear Canst MB I from fart III in fart I . II . v., VI . VII and VIII. LEGISLATURE IN A QUANDARY BOTH llorSES MEET AD THEN Mt.HH' KM UNTIL TO-DAY. Ttie Senate Moat Pats on the Home Bill for Direct Nominal loin and the Men. eral Opinion la That Some Kind of a Meature Mill He I'lted I'p Finally. Ai.hanv. Oct. 3. There waa a full at- tendance of Senators und only a dozen Assemblymen present when the Legis lature convened to-night. After prayer each house adjourned, the Asse mbly until ll o'clock lo morrow morning ami the Senate tint il tnsm Senator Thomas Fi Orady, the acting majority leader, ot once called a con ference of Democratic Henatora to frame the party fiolicy of tha vote to m taken at 1 o'clock to-morrow in the Senate upon the F'erris-Bluuvclt direct nomination bill favored by Oov. Dix . which pawed Ihe Assembly early on Sunday morning. This bill was on the Senate desk to-night, bul was not handed down from the As sembly for concurrence s-nding the con ference of Democratic Senators to decide what is to lie done with it. Senator llitiman. the acting minority leader, asked the Republican Senators to Is- present in the Senate chamber at II o'clock to-morrow morning toconfer upon any plnn of direct nomination which may be adopted by t he Democrat by that time. It seemed to Is- ihe expectation of most of the Democratic and Republican Sen utor before the conference to-night that some kind of a direct nominations bill suitable from the standpoint of both the Democratic and Republican State organ izations must be passed if the Assembly is to be thwarted in Its threat to pats the Hinmaii-Oreen bill, which is not. desired by either of the party organizations. Some legislator are under the im pression thai the amended Hinman-Oreen bill, passed by the Senato on Saturday afternoon, is now in the Assembly Ju diciary Committee and that the Kerris Blauvelt bill wa passed by the Assembly as an Assembly bill without regard to the Hinman-Oreen bill. Aa a matter of fact what the Assembly Judiciary and Rules Committee did waa to eubatitute the ferrit-Blauvelt bill for the Hinman- ireeu bill, passed hv the Senate, so that the Ferris-Biauvelt bill goes baok to the Senate as though it were the Hinman Oreen bill for the Senate to concur in the Assembly amendments. All that the Senate can do is to concur or non-concur ! in the Aasemlilv aniendments AJ " tJS - ,. t: IV.., u . u . . i r,f a.iliuitv in circles was transferred to-night from the Assembly to the Senate aide of the Capitol. The floor of the upper chamber and the galleries were crowded long before the session wna called to order by Lieut. -Oov. Conway at 8:80 o'clock, an hour Inter tlian the scheduled time j The Senators gathered in knots on the floor of the chamber and discussed the various phases of the situation. It 'seemed to lie the general opinion that the Senate mutt agree upon a bill satis factory to the Assembly if the Assembly is to bo precluded from the original Hinman-Oreen direct nominations bill, puased by the Senate Saturday afternoon. "Oov. Dix came back from Ijnke Oeorge to-night and was nl Ihe Kxeoutive Cham ber all the evening conferring with legis lators who favor direct nominations legis lation. At midnight the Democratic Senators were still in conference and they iip- tions bill as it passed the Assemb'y so that the bill can Is- perfected in the Senate and Assembly joint conference committee to be appointed by Lieut -Oov. t'onwav and Speaker Friable. The moat important changes suggested ill tlie coTlfel i-lice bi-niirht wis that lha members of the iNirly State committee shall be elected directly at the primary and thnt there shall 1st a representation j oi couinu-s 111 .,, riiii', i cii. i oiigrossinnn i and judicial conventions commensurate with the party vote in each county in stead of each county having a like repre sentation, as now provided in the bill. M'C.RATH SAVED EROM CHAIR. Conviction of first Degree Murder Set Aside Hrcaue of Heeond Jeopard) . At. n anv. Oct. 3. -The Court of AppeaU to-day reversed the death sentence im poeed upon Kdwanl F. McOrath. con victed of killing Renjaman Roai in New York city on .September 9. 1909. and ordered that he bo sentenced for second degree murder. McOrath had two trials. In the first he was convicted of second degree mur der. His counsel moved to set the verdict aside without consulting him. The oourt granted the m otion und then counsel tried to withdraw the motion. The court said it was ton late and McOrath waa tried again and convicted of first degree mur der. Counsel said he was being placed in jeopardv a second time. and the view is upheld in ihe opihion by Justice Rartlett. who save: "No fair minded person can read the narrative of the cventa At the conclusion j of the first trial without perceiving that tne action or tne court was not nasea upon the idea that McOrath had suffered injury at the hands of the jury which required redress, but was due to a strong feeling that' the verdict wa too lenient. However natural that feeling, there ia no justification under our system of jurisprudence tor carrying 1 into effect in the manner attempted heri "We conclude tha tic- plea of former jeopardy, resulting in a still subsisting verdict of murder iu ihe aecond degree, wes available to the aroused ami the case should le remitted to th- Supreme Court in New York- county, wild dirc-Hona to proceed to judgment nrcainst the de fendant upon the previous conviction of murder in the second degree." The convictions of Frank Sohermrrhnrn. Pietro Falletto and Hcrt I. Hi own of mur der in the first degree were sustained and they will die in the electric chair .. I M DONALD , ESTATE MIST I'll 4'utirt II0I1U Subwu) 4'ontrst-tnr l.lahlc for Osmiicr From ltnsmlle Kxploslon. Albany, Oct, ;i The Court of Appnnlo decided ttvetoy ihat the csta'e of the late John H McDonald, the chief contractor of the agisting New . or!( subway, is re sponsible for ths damages to tho Mur ray Hill Hotel caused by (he explosion of dynamite in thut part of I he work being I done by tin- sub-cont rtVOtor Shaler. ii.ie 1...1.... 1'. .11... 1 i-i. . 1 , ine, wuunv , iic'11 noun, in.c imiiir previous decisions the ci!y is not respon sible for negligence of ' contractors or for maintaining a nuisance. The court quotes from tin- McDonald contract, showing the contractor "to be responsi ble for damages to aim ting property, buildings or structures arising from other than the proper oonatruotion of the work and the reasonable use and occupation of the streets." Jiion CuUon tays the Rapid Transit Commission wai bound lo secure abutting property owners from unnscotsary dam age and this could bu done only by plac ing the liability upon the reanbnalble contractor He holds that Mr. McDonald and not the sub contractor. Shater, Is therefore responsible. 4'onimsndn- Alldrrdlre a Huleldr. Xw London, Get 3 -Commander William Hillary Allderdics, n retired naval officer, committed suiilde to-dav al his home by shooting hlmrelf in ka head with a revolver. He had been suffering from mnlancholia. A short tims ago ha came to this city from Washington. S. Altaian &!Ia. DIRECT ESPECIAL ATTENTION TO THEIR DEPARTMENT FOR MOURNING GOODS MOURNING DRESSES. SUITS AND MILLINERY AND AIL REQUISITES POR THE VARIOUS PERIODS OF MOURNING ARE KEPT ON HAND OR MADE TO ORDER, INCLUDING SEPARATE SKIRTS AND WAISTS. HOUSE GOWNS AND NEGLIGEES. ALSO NECKWEAR. GLOVES. HANDKERCHIEFS. VEILINGS, ETC. ANY REQUIRED ALTERATIONS ON GARMENTS WILL BE MADE AT SHORT NOTICE. MAIL OR TELEPHONE ORDERS GIVEN PROMPT ATTENTION. . Altaian $c &tx. WOMEN'S AND MISSB6' DRESS AND SUIT DEPARTMENTS. PARIS MODELS AND DESIGNS FROM THEIR OWN WORKROOMS. FOR SPECIAL ORDERS THERE IS A LARGE ASSORTMENT OF MATERIALS TO SELECT FROM, COMPRISING SILKS, DRESS GOODS, LACES. TRIMMINGS AND FURS. WOMEN'S AND MISSES' SUITS, COATS. WAISTS, LINGERIE, ETC. ARE ALSO IN STOCK IN POPULAR GRADES AT VERY MODERATE PRICES. JPttHf Awn?, Mtft ari 3S& Btrtrta, Ifrm fmt. GAYNOR ANSWER NO DEFENCE GEN. BINGHAM GAINS A POINT IN HIS LIBEL SVIT. rtftjrt of Appeals Overrules the Conten tion That Oaynor'a Comment on Blngnam as Police C'ammlMloner Were 9Mvlleged nod Also Were True. Albany. Oct. 8. The Court or Appeals to day upheld the decision of the Ap pellate Diviaion of the Supreme Court in striking out important parts of the an swer of Mayor Gaynor to the suit brought against him by Theodore A. Kingham for tiuo.noo damages for libel over the DulTy boy case. Gen. Bingham, who is now chief engineer of the bureau of bridges, by appointment of Bridge Commissioner O'Keeffe, who in turn waa appointed by the Mayor, demurred that certain of the Mayor's defences were insufficient. The first defence objcted to alleged Ihat before writing the letter to Mayor McClellan. which waa the cause of the suit Mr. Uaynor had requested the Police Commissioner to remove the picture and measurements of the Duffy boy from the rogues' gallery several times, and that the process of measuring and photo graphing persons arrested but not con victed had continued after n Supreme Court decision said it was illegal, which led Mr. Uaynor to believe that Gen. Bing ham "was a person without any con ception of hia duties and without regard j to or respect for laws." Mr. Gaynor contended that the letter to Mayor McClellan was privileged as 1 being only fair comment upon the acts 1 of tha Police Commissioner. His second 1 defence, to which (Jen. Bingbam demurred 1 on tna ground that it was insufficient in law, was that the statements made in bis letter to Mayor McClellan were true. The Appellate Division decision against Mayor Gaynor wa baaed partly on the 1 fact that he made no attemnt to instifv ' the phrase, "incompetents, oorruptionists and sometimes buffoons who are put in mlerahip over the police," and the court said that tha statement by the Mayor "were not fair comment on the act of the plaintiff, but were defamatory of his character, charging him with acoundrel ism, with being incompetent, corrupt and a buffoon; being a despot and law less, possessed of the moat dangerous and destructive deluaion that an official can entertain in a free government." The Court of Appeals waa asked to say whether the defences rejected by the Appellate Division were insufficient in law upon the face thereof, and the court answered "Yes." Judge Chase, writing the opinion, said: "These allegations are general in terms, and in my opinion they each refer unmis takably to the plaintiff. The avowed purpoaeof the letter was to secure through the Mayor the removal of the plaintiff from office. It was the only redress advocated or suggested. The general charges in the letter reunite a snaalfin and not a general answer. "The answer is in part apeoific, but it la not as broad as the charge, although the charge is considered as composed of the letter and the interview as a whole, and it does not tlierefoiv const 1 1 uto a com plete defence of the causes of action ant forth in the complaint." OOH. Bingham's suit wag baser! on two causes of action, on each of which he asked 980.000 One was for writing th letter to the Mayor and the other for giving a newspaper interview relating to ihe letter. After the Appellate Divi sion decided the demurrer Gen Bingham 8ot an order for the examination of the layor before trial, but this was vacated on the ground that while the demurrer was pending before the Court of Apjieals the defendant could not Is? examined Localise issue had not been joined. The order to examine the Mayor was obtained Iw-fore Gen. Bingham ' was appointed chief engineer of the Bridge Department. At, thai time the Mayor suid the appoint ment ha-' illo approval Georg, B Duffy, the boy who caused all the trouble, was iirrestd soon after Mayor Gaynor took office and the police man who arretted him said the boy said "There isn't' anv use arresting me; I'll lie turned loose in the morning " The boy was relessed on an adjourned hearing a week later by Magistrate Hig glnhothnm, who resigned subsequently after a tell, with the Mayor on another matter. Tho boy was arrested on a charge of fighting in the street Tho Magistrate discharged th boy, saving that whiK I here was some evideni-e of a fight end the police may have thought tbev h id a right fo intervene, there wasn't sufficient evidence to convict him Man Who Told of Pittsburg tirtft Par doned. Prrtsnrao, Oct 8 Capt John Klein. j the man who expoasd the Council graft scandal tnree years ego. and his com panion, Harry Bolger, were m-day par doned after serving half of their three years sentence in the penitentiary for me gran iney toon. ARE SHOWING, IN THEIR GIKL WITNESS IN PLAOO CASK. Madeline Rnsse Before Grand Jnrjs Netty Oat on Low Ball. F. Tennyson Neely, who waa arretted Id the Jared Flage row, waa finally re leased veeterday afternoon on 92.500 bail furnished by the National Surety Company. Neeiy'e bail waa originally fixed at S19.000. The District Attorney' office did not oppose his release on ths reduced bail. The Federal Grand Jury resumed its investigation of the Flagg case yestei duy afternoon. Hogg's young secretary. Madeline KusVe, and her sister Bel!" Kusse, were witnesses, as were the Misses Byere and Carroll, employees in the Klag offices. James Allen, a railroad engineer, and E. 0. De Wolfe, a business man, both of Chicago, were also called I WAS A Heavy Drinker Consumed Quart of Whisky Every 24 Hours. VICTORY IN 3 DAYS If you know anyone luii in any fi ta, reaularlvor 1 ho drinks aire. psriodleahy, IM m- end Ul . Itl'.K hfWik. l-l fin Im.Iaii. aI n llhM SI.1-. I drank beer nt flrat. then gnutaall. awl"pe4 tnlo aitrlnxerof itfnn. Ilqnorn. When drtuklntl lieaT Ut I wouldn't lie-ltale 10 tasrn iny coal or bfeaX a ininwlmtowto rt ipinta. l or lent periods I "iil4 ui'ii utm a iimiri of vrhiiky, run. or fia u"I. Aju often aome iiiin il drlnkt anil herr aditltlonallt' I damaged bualueaa, health and aortal ppixirtunftlca, mulls family mlarrtnle. In! tal 1 1 i.Mi't and neiMino an unwonln, nnwelcome nnnlm upun all cxi-.pt 1 lie aaloonkeeiieift, who cbecrfullr -SJratOBtf tor Hie noiaon Ihey aae me. for I ll fears I kept It UP. and I WM rerared aa a hoin teM eaae. t annua srnrsii" did me no go,-!. Uuttww lluireajoyuus measaae t, r drtnketi ud Mothers, Wives, Sisters While drifting from bud t worse, ai all iKrotof k iT4jt Ai-o,m do, 1 uumMktmn found ft tnio rimPilr, H navnt mv 1 it, yty hrallh win M"i bij rsiiiirti. I tnif .I 99191 iratjiri inivn, oiifuyiiiac fvory feMftl of Uoodom from tin eniMAmol. I e.po.-.tily Bud natunllTlMt alt rttrfl fur itrink. I i.i ik Irs.! u i'i 1 ttt'tmn to vrtlrt :r. uwo. Datwrniiik ami otnat noiwe6iioaUa.nt(ltiM erftvi fartlf. lnv for iiniinr rsnafil. I rould i,p lvr pthaf MlnMtHi tjrmeh 1 now know were due to uf liiuulgenrv in strung drlittt. WONDERFUL It wm done In a ctara t It I had relied noon will sparer pr fetth I would anil he a drmikrd,ho, aine an Hlioliol alaTa haa mi will Dnwer while ilrlnt-f,nir-. I o ol,ed ta neatly StasVUNI found tnie teller lln.1 I decided lo devnte iny lit,- to remoTlnt the rnta froaothart. MTtteceat haa been marraloua, for I have a ri-llahle, Ktieriiiiteed gM ot Keluediea adapted lr Keniliua to anv home, anywhere. My H-me-lfee haea aired lealona of dilnkMrai ih tiai. InluriM werr mnny PtitM ruinble in all walk! oi lite, Inrlndlas J" ul In oaa an I thou of ptiy.ieal energy. 1 will send y-" teatlutoolula hy the hunaredt, every one of whleuTypq ran rerlfj, llanr were tared froin IM itlilik h'llm la enuae lliey i-.,ii -rj to get rid nf 11 fnli'"' i bxhii wno did n.it tare any will power 1 ii'ii-ieil wiraniir A, ir .,.,.-1. 7... k. Inwlna .DOwerlell." by lorlnt .;"' o Ilea tire energ memory and wi ivi, ur ineiinv. l no alter etTeet or taking my y iliroughout the entire body ithe Bin ill -power are woaofrru'jv rtmgt""st t the terret Iu my booh. WJ I telLabout genu men io every-peraon (or relaUre who take aleoiinl many form toexeraa. 44 or trie'iil) y one tuti erery rti-lory Iftol. viellin haa my lyinpathy. W prumlae lan!i-.iiiiiily guarameed. Sly Bemedlei (nj lor aiilii-r aieauly or periodical drlnkera. Tw ot it-aepnipleleaiiil dwlightfnl oteiwrnlnf if drink hahlt betwwen Friday nlabt anil i" in ine ia io aave the itrankarfl. ..l.'JSr JJlay-r any onier.7. nourai 4'OM, 9IKW OK WflalKN. ANY At tn relatlvea, tfrleuda, or ernplorera I If you nitnlto Ure a drlr.kef In the qlilekeat tin.' eo.npletely. will, or without hit knowledge and absolute ttfety, read my l-ook-er)aiiiatejHir' Ayf-n. 1 1 m.v-7 nie nd .- ni' r,-- ii. i rti'r :i::t UI9BII 9U ', hare watd m - v on trfaf uif-nta or rMMftiM f n j luul no ljMf8 ttt)'l. :.''iiiti iM-r. It roiti notht'i anl you v iii ai avi It- cud that you wroi ' "r: teivonilfr.fo Mr ii ly lonmlt-niial. Kmi thii i''T- u you Fannoi writ. io..uv. Addroaa i I EDWARD J. WOODS, S34 Sixth Ave., 745 I. . York, N.Y. 1 fl Tho Scotch with the fine, full. I peaty flavor, associated pnji I I with tho bctt pure l'ot-Stif'.B , Whiskies. Sold at the best Bars I tsaiVialMaW 1 ABSOLUTELY FREE I will toad you tut book. In pUUo wi-rPf Sromptly. potiriald. It tili of my own oarf r- im nil I fl'l rlia.-.iw.rff .) ... ..InaKIa Infnr 1 1