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be THE WEATHER FORECAST. or snow to-day and colder, with south- t to northwest gales; fair to-morrow. lied weather reports will be found on page 13, VOL. LXXIX. NO. 175. PRICE TWO CENTS. NEW YORK, THURSDAY, FEBRUARY 22, 1912. Copurlahl. 1012. by the Hun Printing nnd rubtlthino Auoetalhn. B RANDT WINS GOVERNOR WAITS Justice Clernrd Holds Uurglnry Sentence the Illegal. BAIL TO BE ALLOWED New Trial Ordered, But Ap peal May Alter Aspect of the Case. SWIFF APPEALS TO DIX Wants the Whole Case Disclosed at tho Governor's Hearing. CARMODY ADVISES PARDON The Gocrnor Refuses to Art Eiccpt ou Judge Hand's Report to lllm. Fupreme Court Justice Gerard sus tained yesterday afternoon tho writ of lule.n corpus in tho case of Folko K. Brandt and ordered a new trial for Brandt mi the ground that Judge RosaUky erred in accepting Brandt's plea of guilty of burglary In the first degree when the pris oner, upon being examined, denied that he was guilty of that crime. Out of courtesy to Gov. Dix, Justice Gerard waited until I P. M. before handing down the decision No word having come from tho Governor up to that tlmo that Brandt had been pardoned or that a pardon would bo issued, the Justice felt constrained to act himself. Ho larned in the nfte-.noon that Attorney (ieneral Cnrmody's arguments had failed to hasten the Goi ernor's action and that there would bo delay whichever way the Governor decided. Howovcr, the decision of Justlco Gerard was not tiled yesterday and will not lo tiled to-day, since to-day is a legal holi day. Therefore tho order remanding Brandt for a new trial and establishing, rending appeal, his status as a man in dicted but not actually convicted Is not yet on record. Provided that the Gov ernor concludes before to-morrow morn ing to free Brandt he can do ho without any question arising as to his power to pardon- a -man who is not legally a con vict. HAIL TO UK OFFKUKI) Brandt, who Is now in tho Tombs, may be released on bail to-morrow. An ap plication will be mado to-morrow morn ing to Justice Gerard asking that ho fix liail and order Brandt's release When Ihe young Swede was arraigned in March, 1907, on Mortimer L. Schiff's complaint ihat he had committed burglary and aixautt, Charles S. Whitman, ti.cn a Magistrate, held him in 12,500 on each rharge. It was indicated yesterday that District Attorney Whitman will not press lor heavy bail now. He may accept a unall bond or consent that Brandt be released in custody of his counsel. Tho District Attorney does not seem to think that Brandt will hurry back to Sweden to go into business, He needs Brandt in the conspiracy inquiry. POWER TO PARDON NOW. Immediately after Justice Gerard's decision became known the question arose as to what effect the decision had on the Ocuernor's power to ardon and on tho tardoti inquiry begun by Judgo Hand. District Attorney Whitman said last iKht that it seemed clear to him that executive clemency cannot bo exercised alter tho Supremo Court order is led Justice Gerard, said Mr. Whitman, indisputably knocks out the conviction and puts Brandt back in the courts for 'i ml on the two indictments against him, UiirgUry m tho first degree and felonious ai-.-iult According to tho District At torney, Brandt stands now as if there lud ni'ver been any court proceedings .ie the arraignment in police court and tne .T'tion of the Grand Jury, Tho Attor- i tydorierul thinks tho power to pardon ri mains with tho Governor. H ITOSK TUB IWCIBIO.V IH IIP.VKRHKD. The District Attorney announced that, joining with Attorney-General Carmody, I"1 will appeal from Justice Gerard's d'ciMon that habeas corpus proceedings arc a proper remedy for tho victim of judicial error. Tho appoal will bo made just us soon as District Attornoy Whit man mid Attornoy-GeneralCarmody can lt together to framo tho points of their brief The appeal will be resisted by Mirahenu L. Towns, Brandt's counsel. H"tn the Attorney-General and the Dis t c. norney fcei that their official posl li'ti requires them to test tho legality el Justice Gerard's decision1, although ".''J- agree with JuBtlco Gerard that Brandt w,ia improperly sentenced. The "pinion was voiced last night by lawyers Uia tlirro are more chances that the ln i-iori will bo reversed thun that it will he sustained. In that event, and provided ha Gov Dix doesn't pardon Brandt, Brandt could renew his application be for- another Governor when one is ek.ftfd Justice Gerard held yesterday that Judge RosaUky's action on February 13 citing aside tho conviction and open ing Ihe way for a new trial was as void his action on April 4, 1007, when ho MMeneed Brandt. If the Appellate Dlvl kjii sustains Justice Gerard tho District Attornoy will undoubtedly aoquiesco In a motion by Brandt's counsel that all the indictments against Brandt be dismissed. The decision of yesterday by no means "its the legal knots in Brandt's case, the Attorney-General and the District Attorney agree. The procedure would le, If Justice Gerard li upheld, to ask for a dismissal "f tho Indictment for burglary in the lirn degree on the ground that there was '"I evidence of guilt and to ask that the ConHnuttf on Filth Page. PREVIOUS ARREST OF BRANDT. Dr. J. XV. Robinson of Philadelphia Ac cused lllm of Theft In 10(M. Philadelphia, Feb, 21. Dr. James Weir Robinson of 320 South Sixteenth street says that ho hurt Brandt arrested tor theft in Philadelphia In 1905. "I employed Brandt In 10O5, " ho wild, "as my valet. I was then living nt No. 402 South Broad street. "Brandt told mo that, ho had left Sweden because ho wo In trouble over the theft of somo school books. Ho did not like the colored help here and ho began prepara tions to leave. At tho samo tlmo I found that ho had stolen my clothing, had gono to patients whoso names ho secured from my account books, und had collected money from them that ho failed to turn over to me; In fact had stolen wherever ho had a chance, "In all ho took about 200 worth of Roods. I had him arrested and ho spent two weeks in Moynmenslng. I recovered most of tho stolen Roods, partly through j tho proprietor of the place where Brandt boarded, who notified mo that tho valet s room was full of clothing and valuables. Brandt wrote mo ft letter begging for for giveness, promising to leave the city If I let him go. I withdraw the prosecution and ho left Philadelphia." Dr. Robinson is well known In this city and says ho is absolutely sure that Brandt is the man who worked for him. Ho says n representative of tho District Attorney In New Vork called on him about ten days or two weeks ago and he told tho story. POPE FORBIDS DUEL Nephew of I.eo Mil., Commander of I'apul Guard, Challenger, .serial wtrrltit Despatch fuTim Hex. Home, via Glace Bay, Keb. 21. Count Peccl, n nephew of tho late Pope Leo XIII., who Is commander of tho Papal , wno is coinmanuer n 1110 l apai Palatine Guard, has challenged iW.co Altteri to tight a duel. Cardinal Merry 7, , . , , , w the Papal Secretary of State, has written a letter to Count Peccl forbidding tho duel and exhorting him not to cause deep sorrow to Ihe Pontiff. Tho trouble arose over an altercation at cards. Count Pecci lost honvl ly and . : flnnllv pnt Into n hpntivl rllftrMiMMlrm wltii ' the Prince. Tho Count insulted the Prince and the latter slapped hU face. The arrangements for the duel have been sttsended. owing to the papal prohibition, but Count Peccl insists on fighting to the last. Ho holds that his honor has been com promised and unless he Is allowed lo fight he will resign his command of the1 lapni t.uarus. mentis oi pom panics are hopeful, however, of being able to , bring about n reconciliation. I The Pore has been greatly Krieved by tho quarrel, which the anti-cloricals M,niltt(,r from Colombia wrote his ex are bound to misconstrue, it is reported ,niiin, i,,nr Miiniimi sv...rnt.rv r that ho has summoned Count Pecci to tho Vatican and will tell tho latter that it would please him (Pius X.) very much If ho wouldigivo up Ihe duel. WOMAN KILLED BY JOY RIDER. Ucntlst's Chiiutleiir With IVnmnn t'lim paiilnn ftan Down Mrs. Ilornkiinip. An automobile in which Michael Mor- ' . . ... ... . .. . " ' .. i. iiviiimi, ii . n rw . hiij--.i-i.-iii,, niiLx.i was joy riding with n young woman ran down Mrs. Lena Bornkamp, 42 years old. of 108S Second avenue, wife of Freder ick Bornkamp, a laborer, at Second nvenue and Fifty-sixth street at 7:10 o'clock last .light. Tho woman tiled a few minutes later ln the Flower Hospital, to whioh MorrNsoy took, her In tho machine. Mrs. Bornkamp was on her way to market and had just stepped off ihe curb when tho machine struck her and tossed her to one side. It was raining nt the lime ami mo matnino was ran pimR v. r,- ost. The woman was partly hWlen iruill lilt? PiKiii "l in1 innunriii iiy mi elevuted pillar until she stepped In front f .1.. t L... -.1.1. Ul lltC VUli MI'l I IPHI J DIUI'I'll, U11I4 Martin McGinn of 1020 Third avenue, .!... . I. ..nnJxn. .l f . ., - V. mill nu ti iiic nvuiiirni' 11111. 11111 tii.t-i nil.- automobile, lifted her into the . ClOSed ;,i ? . Vi . " .121 East Thil ty-soventh stree . a friend nt MnrrlAAV. whnm hn wnu fiikinr? Tnr - I 1.1- - . ir...l 1 T- I .. .1 a ride Morrissey drove up Second avenuo ami mot Policeman I.a Due, whom he told of tho accident. The policeman got into tho machine and rode to the Flower Hospital. Mrs. Bornkamp died while the physicians were examining her. Her skull had been fractured. La Dun locketl up Morrissey on a chargo of homicide. Tho prisoner is twenty-one years old nntl lives at 333 East Sixty-sixth street. He has been employed by Dr. Davenport for only a few woekH. Dr. Daven port wus notified by tho police at his apartment In the St. Mar garet Hotel at 120 West Forty-seventh street. He said that Morrissey had driven him to tho hotel at 0:30 o'clock und had left him there, the chauffeur's instructions being to tuko tho car direct to Schreiber's garage in Forty-ninth street between Sixth and Seventh avenues. CLAIMS OF COLOMBIA. Resolution That May Lead In an Inquiry Into the Panama Itcvolutlnn. Washington, Feb. 21. A resolution which may result In an investigation of the Panama revolution and which may involvo ex-President Roosovelt was to day introduced in the Senate by Senator Hitchcock of Nebraska. Mr. Hitchcock explains thai the Introduction of the reso lution at this time Is due largely to tho recent note of tho Colombian Minister to the State Department relative to Seorotary of State Knox's proposed visit to the United States of Colombia. Tho resolution follows: That the Committee on For eign Relations be and Is hereby directed lo nscertaln and report to the Senate the facts relating to the claims of the Republic of Colombia against (he I'nited States, growing out of the formation and recogni tion of the Republloof Panama and the ces sion of tho Panama Canal strip to the United Stales, Including In said report the corro sponclento between the United Stales und Colombia relative to arbitration. Senator Hltohcock says he has con ferred with several memberH of the For eign Relations Committee about the resolution and has rooelved from them assurances of support In the committee. Ho believes it will be favorably reported to tho Senate and passed. GREAT BEAR MPKIMO WA1EK. He, tnr cam ef flu ttopp4rl bolUM, At, DON'T KNOW OF OSPINA NOTE, SftYS COLOMBIA Secretary of President Hostrcpo Cables to That Effect to "The Sun." LOOKS L1KK A DISAVOWAL Washington Thinks Minister Will Soon lie ItccnlltMl Knox Won't Mslt the Itepiifollc. A cnble messngo was sent by TllK Sl'N on Monday to President Heslrcpo of the United Slates of Colombia asking tho following question Does Gsplna note to Knox represent your views?" Tho reply was received last evening in u cable despatch, which read thus: "Booota, February 21 "Sun, New York, "Goblcrno no conoce la notn aquo usled so'reflero UnttiK AltANno, "Secretorlo del Prcnidente." Translated Into English, this says: "Booota, February 21. 'Sun, A'rir York, "Government does not know of the no(o to which you refer. Unmu Aranoo. "Secretary to the President." Booota, Feb. 21. Nothing has reached the public or the newspapers here regard ng the letter sent by .Minister Osplna ' - . , to Secretary Knox in regard lo the pro- '. ,i, ,i. i., , .i.i.i -''- -, ' , ,. s J ,o 1 'n " ' ZT? 1 SSllw of n-nlnt: 1 lecalise to omnia s claim on account i ,.,, ii,,,, n of fhe CNlon of Pannmn had m , I cnue, mma 1 yot ' been arbitra.e.1. The Colombian Govern- f,h ptm)ti 0n', ono nrre8t , wh,h I men It is believe.!, has tho matter under ,hpro wng Mlfflri;nt evldenco prP(lon,(H, consideration, but the newsnaners ,ire.. . t. ... , . i .I, , r .i I iitthai ..(llimK. I nnnrn III rt III., nmlin-nnm I i h . i "... . or else comment has been uiipri'ed by the authorities. ... ' n i.'ui iini'iii in in iir in u steiii m i i h i mrnt of the Panama affair Is growing up in this country without regaid to the differences of political parlies Washington. Feb. 21. -Grout interest was oxnreivxcd to-nieht bv State Deixirt- ment officials nnd olhers in the message rnralvivl In 'llll NtIV frnm tlm unnrnliirv , th ire8i,ont f Colombia. Tho flat Klal(,m(,n. i,v Secretary Ar.mco that tho i Co0,n,lnn Government docs not "kn of th OhpIiijv note adds to the mysl ,hRt hnH0,,veo, ,hu au,,VPr(1,C0 know" sterj- ilMvl tltla ri ii nriir ulni'n thn Slato Wiloon. , Bv some the ri'plv of the ColombFan i official to Tiir. Su.N'H inquiry was ro-1 .i.iiii ii ii iiii i-mituiiiv. i. i iiiiiuiiun .l .. .1 r i. .. -j : li...: ' onthpjMjrt of the Colombian Government , ofSltnist'er Osplna's Action end his re- ce.ll from Washington. Those who In terpret the cable despatch in this way nrgue that It will bi only a qtietion of j titr.o when Colombia will bo obliged lo m.b 1,., i. . i. .)... stroyed his usefulness iu thu in thus ottering n gratuitous not or tllscourteny to til" I head of the Stato Department. This was the view most widely entertained in re gard to the signillcr.nce of Secretary Arango's mew-age. It was pointed out that tho Colombian Government must actually have known, when Arango's cable despatch to TllK St'N was filed, nearly alt the details in regard to the Ospinn note. The Klnte Department cabled information In regard to the nolo to United Stall's Minister Dubois at Bogota the day after the note received and It Is flrmlr Ih.IIi.vwI ,leM that Mr p,loh ,wn',n ,,,,.. ence witli representatives of the Colotn- l.tu. f !m'..i-i.l.i., Ir. rA A "" ...-. .mi.ii. li, ,c lliui- t .Ipflf I II: I .'bile the State Department officials - tiiii iniini- ii.. r.iiiii.-iiii-,,t hi 11-1111. li' mini I l, ,Uan ..v nr.,.r.r,l. . III ..,!, nn aln,....n, i.. 1 , I ."..v.. .M.V.. ... ...'."t.M.W I IUII- I I It is Mlevetisevenil communications have . tmi v from M , , , I . .. . . latlng to the nttltudo of the Colombian Government. Tho suggestion was advanced by n 'few persons In diplomatic circles that tho Colombian Government does not intend to acknowledge tho Osplna note officially at nil, but will regard It metely as an expres sion of personal opinion by Osplna written Inn personal and unofficial letter to uctlng Secretary of Slate Wilson. If thn Colombian Government assumes this attitude it will of course amount to a condoning nf the action of Minister Osplna nnd will indicate tho sympathy of tho Government with his suggestion that Secretary Knox should not visit that country nt this timo. Such an atti tude on the part of tho Colombian Govern ment would explain why the secretary to the Colombian President had wired that that Government did not know of tho Osplna note. Seftnr Osplna himself when told to night of tho cable despatch received by TllK SUN said that It was quite likely that his Government did not know of tho Incident. Ho has maintained frnm tho start that ho simply mailed n copy of his note to his homo Government immedi ately after he had sent tho noto to tho State Department. Ho has tlenied that he wired his Government in regard to It or asked for any Instructions concern ing it. He has insisted Unit the noto was en tirely a neronnl act on his part. Ho mid to-night thnt ho had not cabled to his home Government in ten days. On the other hand the Impression prevails among diplomats that Ospina had some fort of understanding with his Gov ernment and muy huve been willing to sacrlfleo his diplomatic post for the sako of calling tho country's attention in this forceful manner to the attitude of tho Stato Department toward Colombia's claims against this country. No change has Uon made in tho plans of tho SUito Department lo cut Colombia from tho Itinerary of Secretary Knox's Cftitral American tour. It is certain the Secretary will not visit that country un less a special invitation is sent. 'ind tho chances are that ho will not Include it on his itinerary even under theso cir (.umstiinces, The United Stales regards tho Colom bian incident as closed. Secretary Knox on account of tho like lihood of a heavy sea In tho vicinity of Pnlrn Beach to-morrrtw will not hoard tho cruiser there as had been intended, but will proceed to Key West nnd go on hoard there on Friday. lOLUSUHA A1KK.N . I C I N I A-SA . VANNAH Retched vl Southern lUllwav. Kicellrnt through tervlce. Apply 4 1'UUi Ave. cur. Wili.-.idt. ANOTHER BAY RIDGE ASSAULT The Slith Girl to He Attacked hy a Thug There Within Half a Year. Another young woman, the sixth In as many months, was struck down last night In n sparsely settled part of Bay Ridge by a man nrmed with n club. May Chase, 2n years old, a substitute school teacher, was on her way homo from a storo on Third nvenue to her homo at 418 Eightieth street when tho man attacked her' as she was passing a vacant lot on Eightieth streotnear Fourth avenue. She screamed as she fell and her assailant inn. William Dunno of 420 Eightieth street was Just leaving his home when the mon attacked Miss Chase. He saw the blow, and although he Is only 19 years old ho followed the thug an ho ran. Dunno chased the man to Fourth avenuo and then to Eighty-second street, where ho ran into n vacant lot and Dunne lost sight of him, Then Dunne returned to tho young woman, who was still lying where she was felled, and assisted her home. Rtm"t iit ills i'h,1Bn h,.,l bad 1 scalp wound at the baso of her skull. The cut was thrco Inches long. Tho doctor suld that, ho dl'l not think that tho skull was fructured. The Fort Hamilton pollco Btnrted a man hunt as soon as they wcro notlllcd, but they hail little to go on except Dunne's description of Miss Chase's assailant, Ho was described as about 30 yetrs old. 5 feet 0 Inches tall nnd heavily built. He wore a black overcoat and a black slouch I inn . Miss Chase lives with her mother, n widow, and two sisters. She finished tho course at thu Teachers Training School last fall and was appointed a substitute teacher. Tho list of young women who have i. i.i i ... t .i i.. fl.n . ii in iiuu.it'-i iu nil) ikiuKV rune mm iuii i,ldllHp- oic.i Konano. Anes Waunh third street. Beatrice Gold- th street and Eleventh rtllxlt nf 79(in Hnvonth I ' ., v..i,. mni,i r - p.f....n,n "ad been collecting tor a montn, warrnni no 'ling uie prisoner nas ueen . " . . 1 mado in connection with theso nssau Is. ,rko vine innic 11 cniMrc i.n I i.i.i i.i.iji.i . inni.i.. ' iirnoKin i.awcr nun unwn nue cross- Inn Flatbush Atrniic. Louis I.a France, a lawyer of 382 Paciflo street. Brooklyn, with offices nt 10 Court, street, was struck last night by a Flalhush ni'niiii rni whim ha v an firn.a im llin bIimiI I In front of 00 Flatbush nvenue. He died In the hospital sliortlv before mldnlriit. I Mr. In Franco was thrown across Ihe fender, which saved him from going under the wheels. Ho was dragged for some distance, however, nnd his skull was fractured. Ho was 45 years old and was a law partner of ex-Judge Watson. MOBBED SUBWAY GUARD. Three Men Took lllm to NUctrfXlTOTt and lie Was Held for Assault. Three angry men marched .lames J. iruowti, a sutiway guard, to the vot l f,h'T B . then to night court. There the guard was arraigned for assault and held for trial In Special Sessions under tooo.bnll, Ho came from tho uptown side of the Ninety- I sixth strc-t station and Thomas W. Don- leuy, ii inner unu coniracior oi l ( b(lin ,lppe1 o(r 1P Commilonpr he Hamilton place, was tho complainant. lu.-es. ln tho Roval Hotel nt 149 West Donnelly told Magistrate House that he had come to Ninety-sixth street on n Bronx expn-ss and wanted to change for n iiromiway local, lie meti lo get into u car. ho testified ami while there was still room the guard slammed the door shut on h s arm. The door was opened and nt. meti in enter, i no gunru siammeti again and told him to "go to hell, then struck him in the face. Donnelly h eye was blackened. , I he crowd at the. station then took a hand. Donnelly said, and mobbed the guard. O Dow-d s uniform was torn and ever)- nuiton or his coat putteti on. uon-1 nelly appealed to two special policemen on the platform to arrest the guard. They refused. Two men who had seen the af fair volunteered as policemon. They were Jacob Levy, a silk dealer of 3S5 West Broadway, and Harry W. Nolan, n sales man of 205 West 101st street. They then took the guard to the police station. "I know what those subway guards are, " said Magistrate House. "The other day one of them threw mo half across the platform. Sinco then I have travelled by tho elevated rather than go whero such loafers are, I hold him for Specinl Ses sions under l3ou bail." SHAW ON IRISH CATHOLICISM. Klitr Remarks tin America Wants Church In Ireland Hnnnldltrd. .Serial Cable Detpalth lo Tnr Hcn. IxiNDON, Feb. 21. "In democratic America," said George Bernard Shaw to night discussing tho religious nspoct of home rule for Ireland, "Irish Catholics desert their church by tens of thousands." Ireland's most pressing nc?d, according to Mr. Shaw, is a Stato establishment of tho I(oman Cnthollo Church, thn Irish Parliament paying tho priests' salaries and controlling tho cccleciastlcal patron age. According to Mr. Shaw's dictum Amer ica forms part of tho argument that tho only force tho Church of Rome cannot face Is domocracy. .The craven terror and follv of the Protestants of Ireland, Mr, Shaw declares, alone stand between the all powerful priest und his natural enemy, democracy, BARRED FOR TROTTING. Rutgers students Who Did It Mustn't Go In Any More College Dances. Ni'w Bnu.vswicK, N. J.. Fob. 21, Rut gers College students who did tho turkoy trot and like dances at the junior "prom" on Friday night are uneasy becauso of a notieo which has appeared on the bulletin board to tho effect that "tho following men aro prohibited from attending any futuro dances becauso of undesirable conduct at the junior promenade." Then followb n list of thoso barred, which com prises one senior, ono junior, two sopho- unroll mill twn fri.titimnll (.'. ...... ..... ...... . A loud protest has boen raised ngalnst tho tuikev trot bv those actively iden tified with Ihe social life nf the college, One of tho junior "prom" patronesses said thnt tho dance sho suw was not objectionable and sho really enjoyed tho turkey trot, if that was what It was. Itl lUi.VU It. II. Ill MO.YIHKAL. Slrrpm lv, (irana Central dally 121 1'. M, Par ticular! 1311 Broadway. I'liouO'WIO Mad, 4. GRAB 100,10 GALLONS OF LIQUOR IN 50 RAIDS None of tho Drinking Rooms Had License, (ho Excise Commis sioner Alleges. ONE BAR IN A BEDROOM Plants for Vlnomnkln; Conflscntcd No Arrests, Though 40 Cops Aided ARents. State Commissioner of Excise W. W. Farley gobbled up 100,000 gallons or more of whiskey, wine, tieer and other liquor yesterday that he found in llfty drinking nlaces. cafes, hotels, cellars and sub cellars that lie alleges had no licenses to sell. The places raided were situated from East Broadway to llflth street nnd from river to river. Not that tho Stnto Commissioner took care of all that amount of liquor himself . He had 125 oxclse agents to help him nnd forty police reserves besides. But you can take It from nny one around tho Marlborough Hotel, where .), rnlders had their headquarters, that not ft rn,dcr louchod ft (lrop ln BWmmlng i through that sea of 100,000 gallons. Stoic ally, It was moved away in vans to storage warehouses or sealed up in tho shops whero it was found or put under the Commissioner's guards. Tho Com missioner says that nlwut 200,Ot worth ot liquor was connscnieu in urn rum, ... , i ., awaiting the act ion In court on Marc h H " ' I . .:,7" u L, ut.i,.i,rmmi..i.' """'""'" " - Hop, ,y Cmtal T 1, ajeAo. Charles Hrestono and George I.. Donnel- . .,. , iiij.,i .i,i. t..i Inn fnllnftfll IllVfriOfl tlietP POllOrtA 11110 ', '. ,. ... . .,.,,. , i,-i, ten mrties, each in nutomoblles. I hey Iwd thirty moving vnns. Most of the . ... . i places raided were Italian nnd Jewish drinking rooms without liars, whero tho ,,. .... ri.na.i rnlllu mn tnliles i the Italian quarters around East Eleventh street and Bleecker and Eliza- bcth-streets tno excise men nau to pu sn their way through crowds of chattering Slid exelteil Ones IllSt. CllOn L KnOW Wnat was up and tried to keep the men out of tho cellar drinking Bhons. In 145 Forsyth street tho Commis sioner nnd his men found only a line of dead soldiers, empty demijohns nnd other harmlo9 bottle, but no booze, until they pried into n set of coalhlns where forty big barrels of wine were hid ing, and a complete plant was stowed away for manufacturing more when thnt sup ply was sold out. Theso plants, in most cases like hand cider proBsej, were found. in a numter of other places. Over three hundred liarrels of wines were confis cated in thn place of G. A. Porrar.za nt ,nn ri,.ii, i,t i,mi, tin. r,n. missloner values at alwut iWW. Three hotels lust oT Broadway and , Korty-seootul stroet were raido.l bv th-j commiioner's mnn. In nil of which tho (mmMtr ii.. nimr wH llni- without rt ilcons!. ThMe places had Forty-fourth street tho Commissioner says he found u bar fitted up In a bedroom but with nothing but Seltzer water in , . ,h .m.. i,n...r f wlli8Ucy nnd other Bturr was confiscated, ,n tho othpr two hol(K the ncnvs.r 307 Wou KorUe,h Htreet. nnd the Criterion. ,13 Wpflt Korteth treeti ,ho Commls- ,,. ho found only ft few ,)att0, 0f drinkable I No arrests were made. Tho prnprl- ctorB of , pacra nr to Bpp(,ar in ,,0.Jrt on March 8 to RnsW(,r tho charKo of HetlinK whoUt a ,icBnse Commissioner says that of the thirty-five places raided ln his prpvtaus vlit to New York about six weeks ago about twenty-five wore allowed to take out licenses and the proceedings against them dropped, the State gaining about 30,000 excise revenue thereby, DISMISSES CHALONER SUIT. Judge Will Instruct Jury Tn-mnrrmv In Faor of Thomas T. Sherman. John Armstrong Chaloner's suit against Thomas T. Sherman, tho committee of his estate appointed by tho, Now York Supremo Court In lunacy proceedings in 1HD9, to recover $2.V),0(i0 for alleged con version of funds, was dismissed in effect late yesterday afternoon by Judge Holt in tho Federal District Court for want of jurisdiction. Tho case went to trial before Judge Holt and a jury on Monday last. After hearing argument by Hugh Gordon Miller of counsel for Clialoner Judgo Holt announced yesterdny that he would instruct tho Jury to-morrow morning to return n verdfet In favor of tho de fendant. Judgo Holt said the Federal Court has no jurisdiction, und that what Clialoner should do if ho wants to regain control of his 11,500, ono estate Is to come to New York and apply to tho Supremo Court to vacate the order creating tho committee of estate. If ho thinks ho Is capable of mannging his business affairs he can come here and demonstrate it to tho satisfaction of the proper trlbuml. If refused then he can take an appeal to the State Court of Appeals. Tnat U tho only proper procedure for Chuloner to pursue in Judge Holt's opinion. Mr. Miller announced he would at once appeal to tho Federal Circuit Court of Appeals from Judge Holt's decision, and he got a stay of sixty days in which to prepare it. WELLESLEY'S MILE OF CENTS. Girls to Fill .1,78(1 Slotted Font Rules for HulldlnR Fund. CAjtnninoK, Muss., Feb, 2l.Vollosloy College girls started this afternoon to wind up a mile of cents In tho coming 1 two weeks, Mlsn Dorothy Ridgowny.whohascharco of raising funds for tho student building f und, oonoelvcd t bo idea of u mile of cents. Sho distributed to-day 0.280 foot rules each containing a slot for cents. When tho "feet" aro returned in k fortnight tho mllo in expected to lie n reality. AlosIVRAIllTTKHSIendJeUclou(lavu to grape-fruit and jellies, Att.i ROOSEVELT TO TELL MONDAY. Colonel's Answer When Pressed to Npeak Definitely as to Ihe Presidency. Cleveland, Feb. 21. Col. Roosevelt was urged ln tho courso of his visit herb by W. F. Elrlck. a local politician of prom inence, to tell whero ho stood as regards the Presidential nomination. Tho Colonel tried to turn the question, but Eirick pressed him, saying: "I want a direct answor, Colonel. Your friends wont to know right now If you nro going to he n candidate." "You will havo my answer on Monday," was all the Colonel would say. SOUTH POLE NEWS SOON. Shaeklcton Hats It's Dun From notn Scott and Amundsen. Special cahlt Dttralcti lo THK flt'.v. Ixjndo.v, Feb. 22. Liout. Sir Ernest H. Shackleton. tho polar explorer, writes to tho papers to call attention to the fact that news from tho Antarctic expeditions may be expected any day now. Ho points out that Capt. Robert F. Scott of tho British expedition on tho Terra Nova and Cnpt. Roald Amundsen, who went south in tho Frnm, must know by this tlmo whether they have succeeded or failed in their quest and have returned to winter quarters. Amundsen, according to Sir Ernest, would reach his quarters about a fortnight earlier than Capt. Scott, but as the Fram is much slower than tho Terra Nova loth will possibly reach a cabling station within a day or two of each othrt". SHIRTWAIST MEN TO JAIL Two Months Kaeh for Bankrupts Who Made False Statement Before Failure. Lewis B. I.evenson and D. Cohen, partners in tho firm of D. Cohen A Co., shirtwaist manufacturers, wro sen tenced yesterday to two months each in the penitentiary by Justico Seabury In tho Criminal Branch of tho Supreme Court. They were convicted of obtaining money on n forged and falSB statement of their financial standing. Tho Jury recommended mercy. They obtained H0.000 from the union Exchange Bank and smaller sums from otliers by means of a statement dated June 11. 1009, which showed that their assets exceeded their liabilities by $75,000. Tho opposito was true and the firm went into bankruptcy soon after, CAMPANIA CUTS QUEENSTOWN, Heavy Storm Prevents Her From Eater- Ing Irish Harbor. Wtrelni Dttpntctot lo The Sun. Usnov, via Glaoe Bay, Feb. 21. A terrlllo gale "prevented the steamship Campania, from New York, from landing er passengers or malls at Quecnstown. $ho lnnded sixty Irish passengers and th mails at- Y ishguard, whence they'were transshipped to Rosslaro. In this way there was a saving of twenty-four hours time. POST OFFICE CLERK MISSING. Police Asked to liok for Tnblcr. Who Had ling of Steamer Mull. The Post Office authorities asked tho police yesterday to help them find Clerk Tobler, who they said left tho General Post Office building yesterday with ft bag of mail to meet n steamer sailing nt noon and who had not been heard from last evening. The Post Office people when ques tioned last night would tell nothing nbout tho disappearance of the clerk. They I admitted that Tobler had been sent to meet a steamer Tho Olympic was ono of five steamers sailing nt noon yesterday. CONSISTENT ROOSEVELT MAN. New Jersey Senator's Reason for Not Joining ln Praise of Washington. Tbkntox, N. J.. Feb. 21. Senator Harry D. Leavltt of Mercer county, the only one or the eleven Republican members who has declared himself in favor of tho nom ination of Col. Roosevelt, felt compelled to ask that he be excused from voting upon resolutions expressing the Senate's ap preciation of tho achievements of George Washington. Tho resolutions were in troduced by Senator Nichols of Cumber land, ono of the eight Senators who have publicly declared themselves for Presi dent Toft. Senator Leavltt s embarrass ment was due to tho fact that Senator Nichols, after extolling Washington, hod appended to tho resolutions the following clause: "And who declined n third term and set nn illustrntious oxamplo to posterity in order that there should bo no departure toward monarchy, but, on tho contrary, that republican institutions might be pre served beyond peradventuro to tho gen erations to come." CHRISTIAN SCIENCE WINS, Massachusetts Senate Cnmmltteo Sees No Need for More Medical Law. IIOJoN, Fell, 21. The Committee on Public Health reported unanimously In the Senate "no legislation necessary" on tho recommendations contained in tho annual report of tho Board of Registration hi Medicine which Dr. Harvey, becretnry of the board, favored at the recent public hearing before the committee. Those recommendations sought to define the "practice of medicine" and to wipe out the exemptions which certain so-called "irregulars" now enjoy. They would. If enacted into law, havo ended Christian Science practice and made Christian Scientists liable to fine and im prisonment SANTO DOMINGO IN FERMENT Conditions Had Along llaytlan Frontier Revolt Blocks Mulls. Special Cable Detpalcli lo TllK HfM. C.U'K. Haytikn, Feb. 21. The revolu tion in Santo Domingo Is extending, espe cially along tho frontier, whore communl cation between Dujabon nnd Monte Criatl is suspended, A Santo Dominican coast defenco vessel left this port this morning for Fort Lllierto carrying tho mail for Dujabon, which It was hoped to reuch over llaytlan territory. Tho mall was llllluecl anil sent 011, DUt Was BOOH brought buck ugalu and tuken on board ship once more, as It was found tuiosslblo to forward 11 to Us destination. ROOSEVELT TELLS WHAT'S PROGRESS Ohio Constitutional Conven tion Hears Platform He May Run On. COMPETITION IS OVER Government Must Regulate All Monopolies, However. AS TO RECALL OF JUDGES Ex-Presiden Is In Favor of It Only as a Lnst Resort. CALLS REFERENDUM GOOD That nnd thn Initiative Excellent Checks for Our Government, Which Can't Bo Automatic. CoLUMnus, Ohio, Feb. ?!. ln spit of the dampening of a nasty rain and the four Inches of snow that was on the ground Columbus folk by the hundreds got down to the station this morning atlOo'olock to take a look at Col. Roosevelt when he arrived to deliver his much heralded "progressive platform address before the Ohio constitutional convention and then Hit back to New York again this afternoon. The fears of the Roosevelt boom backers that the slush and weather would weaken the enthusiasm that they had planned to havo rush out spontaneousllke and welcome the Colonel with open arms were therefore not entirely fulfilled. At Newark, where the Roosevelt train arrived shortly after this morning, there was only a mere handful of peopH gathered to hurrah the Colonel, rouoh to tho surprise of those accompanying him. Under the care of Dr. Washington Gladden, who met tho Colonel at the station here and who was his host while he was in the city, Col. Roosevelt went almost directly from the station to th convention for the addrees. The Csionel smiled at the crowds of eevoral thouaind that bu! gathered on tho grounds of the Stato House to greet him and that were also crowding In the lobby and the ro tunda. There were a number of dele gates and political frionds of the Colonel on hand, the first of whom to greet him was Walter Brown. John D. Fackler. tho progressive from Cleveland, seemed to bo the moBt favored by the Colonel, however, nnd appeared to receive both the most gleesome smile and the mos' strenuous handshake. Col. Roosevelt was escorted Into th" convention hall by Delegate Beattle ot Wooster. There were wooden benche in tho rear of the hall to allow standing room. Suffragettes, a whole body of them, had entered tho hall in tho earlier hours of the morning and filled up the first row of the ladies' gallery, where they waved at the Colonel. The city was full of progressive leaders who had gathered from all parts of th? State and a number of conferences wars set for the day, although the former President was not expected to attend. Walter F. Brown, chairman of the Repub lican State committee and leader of tin Roosevelt movement, was, however, scheduled for a talk with the Colonel. Dr. Gladden entertained Col. Roosevelt at dinner and the Colonel set his plans for leaving at 3 o'olock for New York to le accompanied as far as Cleveland by John J. Sullivan and Walter D. Meals of that city. The Colonel on their advice was planning to have ready a talk for the people that were expected to gather in tho Union Station at Cleveland and also at Gallon. Col. Roosevelt's speech carried so many of the Ideas that have been associated with progressive Republicans that it was regarded by many as an indirect reply lo tho request mado somp weeks ago by some Western Governors that he an mounce his stand on progressive principle. , His declaration for tho initiative and referendum, ft "pure democracy," a short ballot, primary elections, a square deal, equality of opportunities and ft method of dealing with trusts different from that at present pursued wore received with enthusiasm, as was also a complimentary referenoe to Senator Ln Follotto. But his declarations for an oxtremo form of th recall of public officials, including judges, did not evoko s uoh great ap pluuse. Speaking of the recall the Colonel kept his eye closely on his manuscript auu seemed to weigh every word uttered. His hearers appeared rather startled at his statements. The Colonel, in referring to "big busi ness" made a facetious aside, remarking that "big business always trembles when I speak," He had lunch with the Rev. Dr. Gladden and Managing Editor Town send of the Outlook, At the station before leaving he had a few minutes chat with Gov. Harmon, who was returning from Kentucky. He also met Alexander Moore' A11lAfr,f ta PltlaKllpf. Tntmr Anil .TnmM ! r. Garfield, his former Secretary of the Interior, who accompanied him to Cleve land. The people, said Col. Roosevelt, are fit for solf-government. The funda mental purpose of the progressives must bo to secure genuine equality of oppor tunity. Thn rights of honest and decent business must be respected and Its activi ties encouraged, but large business organ lstions must never be allowed to make private Initiative difficult. Watering stock can bo prevented only by Gov- ernment supervision. ,lI,.lnIi not dlsmemWment; nt I BePU'"10?' ot dismemberment ol , corporations, w the thing, the Lolonel I said. It Is "both futlU and uxlscbievouc.