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THE WEATHER FORECAST. Unsettled, with probablj rain to-day; rain and colder to-morrow. Detailed weather reports wlll.be found on page 13, VOL. LXXIX.NO. 178. NEW YORK, SUNDAY, FEBRUARY 25, 1912. cmrwi, mi. t the sm pthua ' mimo amimm. 60 PAGES. PRICE FIVE CENTS. LAWRENCE STRIKERS APPEAL TO CONGRESS 1 iiMit Keenest Made for Spofidy Inquiry Into Attack by Police. I VI OSS PLAN TO SUB CITY i ourt Works Overtime I'liiilslilna Parent! ' Who Tried to Semi Chil dren Avhy. IjAwnKSCK, Mn., Feb-. ?l. A crista . (Ill" In tlio strike of the 2,oort men, mm' and children of the textile mills. Following to-day's attack by the police mid militia upon the children who were t h.ivr left the city to be enrod for by tho , H7CI1 of Philadelphia nud Providence, i he strikers feci thnt tho last straw of i.iipre-flon has been laid on tliolr backs Atnl that now something from tho out side, probably tho Federal Government, in'i'-t ceme to their rescue. At a meeting to-night the strikers do . .tied lo make another attempt on Mon day t3 take tho children to Philadelphia. The vi-itlng committee decided to remain over until then, This committee is com I'OKtl of Mrs. Thcma C. Cohen. Mr". .lane lloch, Simon Knebel and Max Ho ant In. Pcing informed that a Congressional liivctlgatlon will bo made Charles Trout man William Haywood and William YateH f the strike committee have wired a rtrenuous protest against tho city and Mate authorities to Chairman Wll&ou of the House Lubor Committee and to Representative Berger of Wisconsin. With tho protest was pent an urgent tcqtiest that the Congressional investiga tion be made at once. The strike leaders also took preliminary -top for legal action to demand damage against the city of Lawrence for interfer ence with tho personal rights and liberties of those, arrested in violation of consti tutional guarantees. A consultation will lie held to-morrow with their legal ad visers to decido what action will bo taken ajtainot tho olty for personal injuries mllieted by,the police. The police court was worked overtlmo tin afternoon. Four fathers and mothers vrcre lound guilty of assaulting officers, "Intruding tho sidewalks and disorderly em-duct because they had resisted tho police. Tho cases of seven women nnd one man were postponed until Monday. Tho ten children who wero nrrested cre stnt to tho City Homes for Orphans. Their apes range from 3 to 13 years. Mrs. Martha Gabwtcz and Mrs. Agnes tleconler. arrested for "intimidating 6n iratlves" who were going to work, are at tho City Hospital, being treated for bruises and the tnuuling they not wheu a i-eore of policemen broke up n crowd of women and men pickets, Tho two women will become mother within a month Simon Knebc. a social worker of Phil adelphia, who was ono of those delegated to escort tho children to that city, was lined MO for "obstructing the sidewalk nt tho station. He was arrested by Police erceant Monohan. whoso sworn test! mony and reason Tor arresting him was: "The man looked like, he wns stubborn, and wasn't moving fast enough to suit me " Knebe had a ticket to Philadelphia. hieh ho showed to Monohan. but the policeman refused to let him ro into the t ation to take his train. pecinl Justice Howell, who acted In nil the cases, just Med his action in sending children to tho City Homo for Orphans ' v citing section 1, chapter 1M. of the lifts or loos, which reads that "the author ities shall step In and take ettnrg ot any ihild under IB. and tho parents shall be .charged with neglect by reman of orphan aze. cruelty. Insanity or drunkenness, or other vice of the parents." iuenl ions put by Justice Howell brou ght nut the tact that not one of the parents i.rnMcd liad ever been in court beforo. 1 he one mother who was tlned $" for as faulting an officer wa Jennie I owls, ho w -topped by Policeman Mct'ann wlin she tried to board tho train at North 'tation with her four-year-old daughter in her arms. McCann testitled that vlien he pushed the woman from the 'rain nnd tried to take the child from her hho hit and scratched him and "tried o lute" him. I his i what led up to the events, of the ilay Three weeks ago the strike committee irolved that while men and women tould live on free soup or even starve lather than submit to the salary out, averaging 22 cents a week, the children must not and should not surfer the pangs i f hunger. Tor -even weeks now thousands of the trikers have been dependent for life hece-Mties upon the union or tho chart !" of sympathetic unions. It has been ii -evcre strain upon the resource of the Mief committee. When the children began to feel the plnoh of want It was decided to sond them away, hundreds of vmpathlzers in New York, Philadelphia and many other cities volunteering to are for them until normal conditions i mild be established. I.i'h Saturday the strike committee ti-is been bending; little ones out of the ' in. The mill agents' frowned upon this "I'm, their view being, it In suid, that tho inkers would -return under old coudl 'ions when thoy and their fatnlllen had li.nl "enough free soup," A wook ago u attempt, partly successful, wait wade to keep the Httlo ones in Lawrence, 'lie police contending that the children's laieiiiB had not consented to allow the mike committee to send them away. 1 his is what happened to-day: I illy boys and girls, each wearing a Ijk were escorted to tho depot. Tickets. vern purchased for Philadelphia or Prov I'leie e, Fifty mothers, sisters and 'Totiiers of the children were on the stfl llfm platform or In tho waiting room to " 'hem off. Tho train backed Into tho ie,ict Then u squad of policemen, clubs ririiTT swooped down upon the party. i i cannot leave town, (let out of 1 ''fid go homo," the officers, com- II Ilui'.'ll member f the strike committee as- h "il tho police that every .child wore tag upon which was written Ihe author ization of the parents. "That mnUoi no difference," mild the police, "the whole hitch of you have got to go back." Home of the mothers started with their children for the train Tho police shoved them back. Then came the soldiers carrying rifles with bayonets drawn and with bullets in their bolts. Thov drew up between tho children and the train. Spectators sny that if the police had tried to tuuht the women Into violence they could not have done better and that they were Insulting In their language. "Out outof here, you ,yotl ," they shouted, brandishing their clubs. ti t ,1 !.... .1... ... . ,.uiiiv wi mi, nimirii ran hho ine sireeis (Iragglng their little ones. Others, un daunted, stood their ground. These the police seized. When the women resisted they wero beaten and their clothing was torn. A truck In the street was commandeered and backed up lo tho station platform. Into (his Improvised, patrol struggling nnd injured women, trembling boys nnd girls and live men were bundled And carted off to the police station. Wahuinoto.v. Feb. 21. There seemed to lw a general agreement umoug (iovern ment officials nnd members of Congress to-day that tho Massachusetts soldiery at Ivwrenco exceeded their authority in preventing the strikers from sending their children out or tho city, but divergent views wore expressed The members of the Massachusetts delegation in the House refused to com ment on the latest developments in the Lawrence strike, but mado plans to get together and issue a fclatemeut of their pewit ion, Sollcitor-Oeneral Iehmann wai em phatic in tho statement that the action of the marshal in preventing the children from !eing sent away from Iiwrence was in violation of the constitutional guaran tee to every citizen of his liberty., Ilepresentative Wilson, chairman of the House Committee on Iilor, was In clined to think the action of the troops in some way involved an interstate ques tion, wariantlng action by Congress. He telegraphed to (lov. Foss and to Presi dent Golden of the Textile Workers Union requesting that ho le ndvNed at once of the exact situation. NAVY DEFIES ILLINOIS. Commandant Ordered Not In (ilp Allrcctl Slayer to State. Washington. Feb. 24. Tho civil ull thorltlea of the State of Illinois wore vir tually defied by the Navy Department to-day to attempt to invade the Govern ment reservation of the United States naval training station at North Chicago for the purpwo of serving a warrant on an enlisted man. Capt. William K. Fullam was directed by telegraph by Secretary of the Navy Meyer under no circumstances to surrender baker Wallers, the man in question. ' anit Federal Authorities. Capt, Fullam. in a communication to the Navy Department, said the Slate At torney of Iike county, IlllnoN, had IhhuihI a warrant for the arrest of Wulter for participating in a boxing match with Joe Ketchell. Ihe prizefighter, which resulted In Ketehell's death. Tl warrant wns placed In Ihe hands of the Sheriff of I-aku county some days ago and the Sheriff had served notice on Capt. Fullam that he would demand the custody of Walters in case of Kefchell's death. Capt. Fullam sought Instructions lo whether ho should retiat such action. Secretaty Meyer replied that neltliei Stain nor county authorities had juris diction over acts committed by persons in the Ooveniment mm vice within the station limits. Capt. Fullam made plain that Ketchell and Wallors were not engaged inn prire- flght and that the engagement did not have, tho sanction of the station authorities, Ketchell had been engaged by Wallers personally to Instruct him in boxing pre paratory lo u bout which he was to have had with another sailor to-night. Since Ketehell's death Capt. Fullam has for bade any further boxing for the present Tho board of inquest appointed by the commandant to investigate began its work to-day. Capt. Fullam repeated his statement that it did not appear that ICetchell'H death was in anyway traceable to Injuries received in the lraxlng match, although he became suddenly 111 during the match and died four days later, WOMAN NOVELIST ARRESTED. (Jeraldlne Wlngate, Charged With Had Check Passing, Pleads "Jtistlflrallon," Chicago, Feb. 24. Miss Oeraldino Win gate, who says she lives in New York and came here to help found the Authors Club, was in Judge Scully's court to-day charged with passing bad checks. She is staying at 1128 Michigan avenue. Miss Wlngate says the Authors Club project was tlnanced by Mrs. L. J. San born of Hoeton, who, she siys, gave her several checks signed for her to fill out at her discretion. Miss V, ingate is alleged to have paid u few bills with checks signed "Grace Y ingate and "Grace Walker." Tho flrtit of .the checks was issued about three weeks ago and the creditors have been receiving "not known, "no funds' and "no such bank" responses. Harold H. Daniels, who wan employed to Illustrate "The Lout Couple," a novel which Miss Wlngato is writing, had a chock for $20 ulgned "G. Walker" re turned to him, Daniels' lawyer pro duced a check for 115 signed "Sanborn." The checks had been issued to tailors, milliners, Illustrators, boarding house keepers, theatrical agents utid theatres. "What Is your plea?" asked Judge Soully. "Guilty or not guilty." "Neither, Judge," was the atiBwer. "Justification, if you please." Then she told of financial dealings and misunderstandings, asserting that while bho hud issued chocks in her own name she had written the persons to whom they were given not to present them at the bank, "Why did you issue them at alii" asked the Judge. "Well, I was soared and I thought that was the best way." , The case was continued until Tuesday to givo Miss Wlngate a chance to com municato with relatives. A I KEN, AVfll'tTA, SAVANNAH, FLORID! 13 I'. U, UsIlV, Ms SOUTHKHN IIA1MVAY. no mniou. iiiDinir snu lerly M4 nrih Ave. cor. llreplDg car renlcc. zyin - WARNING EOR MEXICO; TROOPS GO TO EL PASO r. S. W.ll Protect Us People, Even ly Voree, W th.n Their Own Hoiuidarics NO INVASION YET PLANNED If Itcbols Al nek .Ttinrcz, Artillery Drive Comlmtant Hack From llio Ornnde. May Washington, Feb. 21. The Mexican Government knows now that the United States will not tolernto Ihe jeopardising of lifo and property on this side of tho International border through the firing of bullets by Moxlcnn combatants. The United Slates Government Is prepared to tuko drastic notion If neceswiry to prevent n repetition of the Douglas, Ariz., Incident in the recent Diir.-MudcrJ rovolutlon. The Mexican Government has been in formed of the determined attitude of this Government. President Taft, in accordance with his determination lo safeguard American Interests on this side of the border at any hazard, ordered to-day the Twenty second Regiment of infantry and one bat tery of the Third Field Artillery to pro ceed at once from Fort Sam Houston, near San Antonio, to HI Paso. If forced to it by a repetition of Ihe Douglas out rage, this Government is prepared to use Ihe Held artillery lo keep the Mexican rebels or other armed bands from en gaging in hostilities so close to the border as to menace lifo and loperty on t "ie American side. There will be nothing hasty or precipi tate (n the carrying out of this Govern ment's policy, but It is apparent the Presi dent nnd his advisers have determined to show a strong hand in their dealing with Mexico on this phnm of the situation. It is the belief here that the Administra tion in case of a crisis plans to use tho Held nrtillery from American soil to drive the Mexican combatants back far enough ho'that the bullets from their guns will bo harmless to lifo on this sldo of the border. It was clear to-day that the Administra tion has no thought of an actual military invasion of Mexico if this can be avoided. Tho prewnt movement, accordingly, has no direct relation to Americans and their property within tho confines of Mexican territory. It is meant simply to protect those on tho American side, particularly the 43.000 inhabitants nnd the heavy busi ness Interests ot F.l Paso. If, however, tho army cannot accomplish its purpose from Him American side other drastia wei-w'wIiriieHratonr""" 1'he determination oti the part of the Government to protect American Inter ests fullv was mado known to-night to the Governor of Texas and the Mayor of F.l Pao. It I understood the general poliev was alo mado known to-night to President Madero in a despatch from the tute Department through the em bay in Mexico citv While it does not appear that there Is a plsn for a general mobilization of the u.rmy at this time like that at an Antonio last March. It Is certain that a many more troops will be rushed to the border ns may be necessary to make tho force really eflecllve. In any event there will not be another mobllbatiou nt San Antonio unless Congress should take the situa tion out of tho Executive s hands and order intervention. This would mean the despatch of the entire army avail able, about 40,000 men, nnd as many of the 100,00") State guards a would volun teer to go. However, orders wero Issued to-night by the War Department lo the depart mental commanders practically repeating ihe general orders of three weeks ago directing that alt troops bo held In readi ness to move on two hours notice. This means all troops must bo fully equipped and baggago packed on a field service status. It was expluined that this action was only precautionary, ns was the previ ous order. Tho order applies only to the mobile army, It was said, the coast ar tillery being exempt. Tho notion of the President in au thorizing to-day's despatch or troops followed a conference with Secretary of War Stimson and acting Secretary ot State Wilton. Secretary Stimson laid beforo the President the appeal of the delegation of F.l Paso business men headed "by Mayor Kelley for military protection to relieve the anxiety ot the .citizens and to restore business. They also presented official reports showing a most serious (ondition, par ticularly in the northern State, such as indicates that general warfare may begin at any time. These, with pro tects which the President had already receive! from Gov. Colquitt of Texn, Representative Slayden and other Texas representatives In Congre., led him to a quick decision as to what action should be ttikun. The protests are understood to be or such a uaturo as lo cuuse fear that the Government of Texas and the citizen generally might in an emergency take the situation into their own hands With force and arms, thus bringing about a situation thut woul d be difficult for the Government to control. Tho Wur Deport men t issued the orders for moving the troops al Sun Antonio ut noon to-day and exected them to be unden way within u few bourn, moving on u schedule to arrive nt El Paso in a few hours. Gen. Duncan, commanding in Texas, through whom tho order was Issued, wad authorized to go himself to HI Puso uud tako Immediate command If he held the situation to justify II. Pend ing his urrlvul the troops will report to Col. E. U. Steover of the Fourth Cavalry. who for several mouths hiiH Ixieii in chararo of the border Patrol at Kl Puuo. This Is the second despatch of troops to thoRlodrandoHlnoo the latest disturb ances began, the first battalion ot the F.ightcontn Infantry having been sent to Kl Paso from Whipple Rurrucks, Ariz., two weeks uiro. Previous to that for several bnnnths theentlro Fourth Cavalry lirtdlieen either on or adjacent to tho hordnr, Col. litoover ana tno nrsi squanron nnu a machine gun platoon lieinir at Fort Hllss, lust outside of Kl Pnso. 'Iroops K, F, O, If, K and M havo been nt Fort lluaohuca, Arizona, and troops 1 nnd L nt Fort Apache, Arizona. In these commands there are approxi mately 4,150 officers nnd men and tho Conttnutd on Fifth i'age. HINES SUES FUNK FOR $100,000. Slurls Fifth! Against Men Who Caused Illnl'iximtslnn Km in Union League Chili. Chicaoo, Feb. 24. Kdwnrd Hlnes, the lumberman, made answer to-dny to his expulsion from the Union league Club yesterday by n suit Tor $100,000 damages against Clareneo S. Funk, general man ager of tho International Harvester Compnhy, who lestUed a alnst Hlnei and is a member of the club. The suit, only tho pra-clpe ot which was filed to day, Is said to be for slauder. A lengthy statement reviewing tin case from Its beginning was given out by C'hirlcs I,, Allen of the law firm of Herrlck, Allen .V Martin, nnd It was said that no action Is co itempla ted at this lime against the club officials. Tho club's general charge ngalust the lumberman, who Is alleged to ha vo boasted thnt ho "put Ixirlmer over" and is alleged to have been tho collector of tho flOO.OOJ f nd said to have been used In the elec tion of Senator tjorlmor, was that his "conduct was hostile to tho objects or injurious to tho charactor of tho club." The final vote in tho club's loard of gov ernors Is said to' have been eleven for expulsion and two for retention. "Tnis is n serious matter," deolareJ Mr. Allen, who represents Mr. Hlnes, "and wo nre in dead earnest about tho suit. Juhf now this damage, suit Is tho only move wo have contemplated. "No appeal to the courts from the club's decision lo drop Hlne.s from Its roll Is contemplated until at least n vote has been taken on tho Iorimcr matter In Washington," said Mr. Allen. Funk said in the Lorimer inquiry that Hlnes solicited $10,000 from him on be half of tho International Harvester Com pany toward the $100,000 fund "to put Lorimer over." FINED COUNSEL $250. Justice (Ion Remitted the Fine While f.aw)er Walt Was Sending for Money. John C. Walt, a lawyer who has ben i counsel for Patrick Ryan, the builder of the Manhattan Rridge, was fined J2.V) for contompt yesterday by Supremo Court Justice Ooff. but while Mr. Walt was telephonlnp; lo havo n check cashed the court remitted the fine. Ilyun and his attorney appeared before Justice Gon in the suit by Cornelius J, Sullivan, cousin of Senator Timothy D. Sullivan, to recover halt the profits from the bridge contract under an agreement with Ryan. The latter was being ques tioned as to the profits and had testified that the Ryan-Parker Construction Com pany, which got the bridge contract, not only made nothing but loet money. When questioned concerning the Ryan Parker Company, another concern, Ryan was Instructed by his counsel not to an swer liecouse the questions were not relevant. The court directed Ryan to nnswrr and Mr. Walt again told his client to refuse. . - "Vuut'.WWrcris1 lufiWuutuous Blrt said Jnstloe Goff. turning to Mr, Wait. "I hold you In contempt and flneyou $2S0.' Tho court gent at once for Capt. I.ynob, head of the court squad, and Mr. Wait then tried to explain, but Justice Goff said his conduct had been most aggra vating. Then while Mr. Walt was arranging to pay his fine the court decided to accept the aMlogy offered, although remark ing that he still thought the lawyer's con duct was "most contemptuous.' Th examination will go on next Satur day UNDERWOOD A CANDIDATE. Ills Manager, Senator Rankliead, Sa He Is In the Rare to Win. WashikoTov, Feb. 21. -Representative Underwood of Alabama, chairman of tho Ways nnd Means Committee of the House, to-night announced himself through his cumimlgn manager. Senator llankhend, us un avowed and active candidate for the Presidency "In order to set at rest nny question In the publio mind as to the actual candidacy of Mr. Underwood," the Senator says in a statement issued to-night, "I desire to say that nil we are doing in his Ix-half bus his full nnd hearty concurrence. Ho is n candidate and is in the race not only lo win the nomination but also the election in November." In explaining the grounds on which Mr. Underwood's candldicy is bsse.l Senator Bankhcud's statement hivb: "We expect to go in on tho strength of our cuudidate, his high character, his well tries! leadership, his perfect sanity and tioisu and his fidelity both to his friendships nnd also to the great and time honored principles of the Democratic party. If we are unable to win save through anonymous and unsigned attack on other candidates then we do not expect or even care to win. Indeed under such circumstances we would not deserve to win. In all wo do it will never be for gotten that thero is a certain comity due between candidates of the same lurty nnd that after the nomination we mu&t lie in a position to fight a common political enemy." The statement announces thut head quarters for Ihe Underwood campaign huve leen opened in the Woodward Ilullding ut Fifteenth and 11 streets, Northwest Tho opening of the Underwood head quarters makes the seventh Presidential boom jlmt is maintaining a suite or offices and a corps of stenographers nnd clerks in Washington. Old timers in the national capital declare that never lief nre were thero so many Ikioius at work on a sys tematlu publicity campaign. The news paper offices nre lielng deluged with state ments trom the boom headquarters every night, NEW MOROCCAN BREAK. (irrniBii) Now Demands Cotigti Islands rrom France. Hpttlal VohU 1)1 1 patt h to T;IE HUN. Paiiik, Feb. 21. The Gcrmiiu Foreign Office bus nent u nolo to the French Gov ernment to tho effect thnt it will refuso to appoint n delimitation commission to carry out tho Moroccan agreomont re cently reached until Franco gives full satisfaction by ceding the islets In the Congo which Germany alleges wero to bo hnnnod over to her. Thin would mean that the Middle Congo and tho Gaboon would bo Isolated Trom French equatorial Africa. PI.nnlltA AND CAROLINA RK.HOR1H llcM wrvlre via amboonl Air Un Itv. btiort nt route. Slccl mini, inquire list SHOT DEAD IN HIS STORE. JHEN ROBBED Mesoritz Alone in II s Flatbush Avenue Shop When Assas sins Came In. BOY FOUND BODY ON FLOOR Ihmy lliooklyn Thoroiifrhhirc In Mlildn.v Saw nnd Heard Nollilng of tlio Murder. WllllRin Meserltz, the proprietor or a haberdashery shop at 778 Flatbush ave nue, Hrooklyn, was found shortly nftor noon yesterday lying dead behind one of tho counters of his shop. A bullet hole was In his head directly behind his left enr: an empty money drawer showed an apparent motive for the murder. Kxcept for Meserltz and the murderer or mur derer no one had been in the shop when the s'-ot Afts fired and no one had been attracted by the shot or by any one leav ing the place hurriedly. The money that was stolen amounted to not quite $17: besides this the dead man had been rifled of his gold watch and fob, and a number of safety razors had been taken from the counter behind which the body lay Probably seven rar.ors were stolen. It Is through these razors that the police expect to trace the murderers, of which there are probably two. 1 esterday after noon at 5:S0 a reporter from TllK SUN found a pawnbroker on Smith street. Brooklyn, who had taken a safety raaor of the same make as a pledge at 4:80. The police had been to tho pawnshop hair an hour beforo and they told the pawnbroker that the number on the razor he had taken identified it as one of those stolen. The polico took tho razor with them to Brook lyn headquarters, whore Capt. Coilghlln ct the Brooklyn detective bureau and Inspector Hugliea were in conference. Ten minutes later six detective hurried out or the building. All of these men work In precincts in South Brooklyn and are familiar with the criminal who infost the Red Hook district of Brooklyn. Inspector Hughe expressed himaelf M lielng hopeful that an arrest would be made very soon. He agreed that the job. as far cs it can b) re con st runted fro n the evidence left, was the work of a pal of bunglers Mes rts was M year old anl for the last ten years had owned the haberdashery shop, which la a large one for the neigh borhood, and he was fairly prosperous. At to minutes before 1 o'olock-JMaUr- day Mrs. Jennie Ahem, who lives right around tho corner from the shop, at 3 Lenox road, went into' tho store to make a purchase. There was apparently no one to wait on her. She stood for two or three minutes "and then tapped Impatiently on tho counter. Still no one came. She tapped again. She was on the point of leaving the store when Meserits's nephew, Jeose Snltzer, 14 years old, who works in tho store on Saturdays, came in. He had been out for his luncheon nnd brought back with him a basket of lunch, for his uncle. Mrs. Ahem commented to him on Ihe fact that no one was in the shop. He didn't understand why that was and ho walked Iwick In the store calling for his undo. There was no answer. When the loy got to the end of three long counters which are on one side of the store, with a break in their continuity, he wheeled behind a counter to wait on Mrs. Ahem himself, thinking his uncle had gono to get. change. Behind the counter nearest tho street he saw tho body of his uncle, face downward on Ihe floor. The Iwiy soreamed. This frightened Mm. Ahem and she leaned over the edge of tho counter. She saw the body and ran screaming lo the street. N'ext door Is the saloon of Henry Hester. berg, who is of some power in Brooklyn politics George Hesterberg. a eon, was in front of the saloon. Mrs. Ahem breath lessly told him what was the matter, and Snltzer following after, ho sent the boy to the drug store of Heed A 8nyder across the street. Then he ran into the store, glanctd at the body and called up the police. 'ihe Bnitzer boy had been sent by the druggists to get Dr. Wilson Zlramer of 17 Woodruff avenue. He came and after examining the haberdasher he said that ho thought he had not been dead for more than twenty minutes. When the police got there they found that but one bullet had entered tho body and there were no signs of any more shots. A probe showed that the bullet had entered the head directly behind the left ear and that the c'lreotlon of the bullet was toward the front, fhowlng that Meserit. had been shot from behind. On the counter was a shaving brush 'Hie door of the showcase in front of whloh he had stood was open and there was an empty tray. Two shirts lay on the floor in tho Bpace at the end of the third counter. The safe was open. The drawer where the petty cash was kept in a cashier's cage nt the rear end of the store was open nnd there was no money In sight. While tho police were investigating alter Sinylhe of 87S Classon avenue. Meserit.' sole employe except the boy, cumo in. Ho had loft for lunch at 12 itiul was due to return at 1:30. This fact was eslubllnhed ulxo by Snltzer. Near the safe, which stands In the middle of the store, was found a pear! handled pen knife. This, Smytho and Snltzer said, belonged to Meserltz. Through Ihe clerk It was learned that Meserltz's watch und fob wero gono, August Schacht.n jeweller of 773 Flatbush avenue, told Tun Stt.v man that he had repaired the watch for Meserltz fre quently, lie had u rooord ot lit. deecrlp- Hon. The wutch had a gold hunting case. 14 karat, with a shield in the centre, and wus engine turned. It was worth about KM), Mr Sehaoht said. The number of tho movement was 10014577; of the case, 10009. Mr Schacht said that the fob was silk, Conffnurd on Second Payc. . NO!.!l 'I RAIN TO "HAST COAST" Kllhl.S ATI.1N1 It) COAST 1.INKH . Tlorldl NdcoI.I.1' ICS P. U. All ilral Imlrlo I UtliUJ I'ullmnus. Superior rodn 1318 U'w THIEVES KNOCK OUT WOMAN. Get Away With Jewelry and Cash from .Second Avenue Store. TWo men went Into tho Jewelry 'ore of Roibcn Kgel and Oslos Ramras ut 1070 Second nvenue at lUto o'clock last night, knocked Mrs. Ramras unconscious with the butt end of a revolver she was alone In the store-nnd got nwny with between $500 and $000 worth of jowelry and $M In Cash. Mrs. Ramras wns not able to give a very complete description of the men. Tlio store Is between 102d and 103d street. The men camo In quietly and asked to see a wedding ring. Mrs. Ram ras took a tray from the showcase. One man tried Home rings, but complained they did not fit. Mrs. Ramrns then went to the safe and opened it. Tlio man fol lowed her behind the counter nnd when she turned she was facing a revolver. The man ordered iior not to scream, hut to hand over whatever money thero wns in tho rare. She gave him $50. The other man with a brick rrnpped In heavy cloth broke the glass of the showcase and took out all the watches nnd jewelry. Mrs. Ramras screamed then. Tho man nearest her grabbed her by tho throat, threw her against the safe nnd with tho club of the revolver struck her over tho head, knocking her unconscious. Policemen Nau and Groot or the Fast 101th street station house, passing a min ute or two later, found Mrs. Ramras on tho floor by the safe. MAYOR WAS EXAMINED. Interrogations Before Trial In the Aban doned Bingham Libel Suit. The $100,000 libel suit of Gen. Bingham against Mayor Gaynor wns marked dis continued yesterday by Supreme Court Justice Oavegan, pursuant to announce ment by the plaintiff. It was learned yesterday that several weeks before the Mayor.'s letter of apology was written ho was examined beforo trial before ox-Justlco Joseph F. Daly, as referee, on an order obtained by Gen Bingham to enable him to question tho defendant concerning the circumstances under which the alleged libellous letters were sent. Mayor Gaynor was obliged to answer, "I don't remember," to many of the questions RUBENS ON POSTCARD IS VILE. The Wife" Seemly In an Art Gallery, t'nlted Btales Judge Decides. ClKCIlWATr, Feb. 24. There is a differ ence. United States Judge Howard Hol- lister said to-day, between art in an art gallery and on a postal card. James K. Stewart, a postcard dealer in the Emery Arcade, was fined 1100 and costs on a charge of sending objectionable postals tmigh'the'Bmlki. - BUwart, who had been secretly indicted, was in court with cards depicting "The Wife," by Rubens, the original of which is in Vienna, A local art dealer told the Judge he considered the cards a work of art. Stewart said he was n member of the Society for the Prevention ot Vice and that members of that body nad ap proved the cards. They have no place in a postcard tore," said the Judge. "In an art gallery it would be different." CHAMP CLARK BUTTONS OUT. Protest Against the High School I'ngllsb ot Last Line ot "Houn" Dawg" Song. WwniNWroN, Feb. 24. Rig red and blue buttons with the last line of the Ozark "Houn Dawg" song Imprinted on them appeared at the capital to-day on tho coat lapels ot Clark boomers. The buttons were highly unsatisfactory to Mr. Clark's friends, however, for they read: "You've got to stop kicking my dog around." All the Missourians In Congress imme diately raised a protest, insisting that no real Ozark mountaineer ever used such cultured high school Knglih. So 5.000 buttons were ordered with the legend changed: "You gota etop klckln' my dawG sroun'." "It's a wonder," said Wallace Iias ford, Speaker Clark's hccrotnry. who can rind his way around nny part or Mis souri at night without a lantern, "that those buttons did not read: " 'You must desist Trom' propelling my canine: about with violent motions of the feet.' " WANTS VOTES FOR ACTORS. Theatrical Man Appeals to Senator, Who Hays He Is Powerless, Washington-, Feb. 24. Al Heeves, tho theatrical man of New York, wants some methods devised by which actors can vote. Ho has written to Senator Jones of Washington calling attention to the fact that 100,000 ootor votes are going to waste every election day. He says the showman is a man without a vote because he is nearly always on the road and at work on election day. He urges Congress to devise some plan by which aotors can vote, no matter where they may be. Senator Jones has replied that he is sorry, but he is power less. It is up to the State legislatures. Kirhsnge Nest Does Not Affections. Follow the An application by Perclval Harden for an order to compel the authorities of the Consolidated Stock Exchange to sell the seat owned by William T. Hoops and to apply the proceeds above what Hoops owes to members of tho exchange on a judgment for $10,000 obtained against Hoops for alienating the affections of his wife was denied yesterday uv tne Appet late Division of the Supreme Court, Wants .10l,,"0O Damages for Woman's Death. , GoLDKNDAl.E. Wash., Fob. at. The administrator of the estate of Mrs. H. B. Dabney, a coitBln of ex-Gov. Gecr of Oregon, filed suit to-day against tho North Bonk Railroad, a Hill line. Tor $701,500 damages because of the death of Mrs. Dabney In a wreck In January. IIKWKT'S pimn uravi: J II I IK IMrlOei tbe. blow). A drllrlout lu'Vfrn rrsic. n.y. it. T. uuwuv a buns .u ih ruiwu ai -At. FOR THREE BRANDT CASE INDICTMENTS Giund Jury Reported lo Favor Thcm-Brandt (o Be Out To-moiTow. APPEALS MAY TAKE YEARS Notes of tho Doctors Who Examined Him Sch ff May Ro Called at rotico Trial. Definite information was obtained by Tub 8Jtr.v yesterday that tho Grand Jury now Inquiring as to whether Folke E. Brandt was sentenced to thirty years at hard labor as the result of a conspiracy feels now that' tlu-co Indictments should bo voted. Tho Information waa to tho effect also thnt tho doings of the police in tlio Brandt prosecution wero of such minor importance that indictment are not necessary in their case. Tito District Attorney refused to dis cuss what tho Grand Jury might or might not do. Brandt will be released from the Tombs at 11 o'clock to-morrow morning after Supremo Court Justice Gerard eigne the order remanding him for a now trial on the indictment for burglary in the first degree. Tho order will be signed tho llrst thing Monday morning. Brandt's lawyer, Miraticau Ij. Towns, prepared the form of the order yesterday and submitted it last night to tho District Attorney for his approval. Mr. Whitman said the form was correct, put his signaturo to it and will send It to Justice Gerard to-day. Brandt said yesterday that ho will re main in New York as long as the District Attorney needs him for Grand Jury or other proceedings. Eventually he ex pects to tako ndvantago of a promise he has received from United States Senator Knuto Kelson of Minnesota, who first took an Interest in Brandt's com in 1003. Senator Nelson has agreed to take care, Of Brandt out in Minnesota and will help him get employment PI1I80.VBR SATS IIE FEAnS POLICH. The prisoner professed to bo worrloJ yesterday, about tlio possibility of a police frameuii an he put It if ho was freed at once. He sent word to tho District Attorney by Mlrabeau L. Towns that ho was afraid tlio police would try to get him in troublo again by slipping A re volver in his pocket when ho wasn't looking or by arresting him for acco.i', ing a woman or using some other motho I of trickery. Mr. Whitman assured Brandt that ho needn't. wcrrled. Brandt' suggestion Jhat "he wouldJikejlpJilY.I. Ihe " DstiHrtr-"A'tTorrieyY hoUBe' until the case waa settled Mr. Whitman liastity rejected. It was finally arranged that tho man should be furnished by Mr Towns with a place to livo, Brandt said that an offer had been made to him by a vaudeville manager. Mr. Whitman said ho would not consent to Brandt's going on the stage and he exaotcd a promise from the man that no theatrical offers would be accepted. WILL TESTIFY OAN8 PIIOMISBD A SHORT SENTENCE. Tho District Attorney will put Brandt beforo the conspiracy Grand Jury this week, possibly on Tuesday. Brandt's status will then not be that of a convict, sinoo Justice Gerard's order quashes th commitment by Judge Rosalsky and will hold good unless tho decision is reversed Brandt will testify beforo tho Grand Jury that promises of n short sentence wero mado to kim by Howard S. Gans in behalf or Mortimer L. Sch in. Ho will say that Gans visited him in the Tombs, told him that ho would bo sentenced for only a year at most nnd that the caso would bo before Judge Rosalsky.. Ho will testify also that when Pinkcrlon Detective Rogeru got him to sign a confession that he had committed burglary nnd nssault he be lieved that tho confession wns nothing more lluin a receipt for $50 that had been given to him by Mr. Schlff and for $3,00) thnt lie expected from Mr. Schlff. His examination is likely to bo extended and may cover two or three days. Carl Fischer-Hanson, convicted ot sub ornation of perjury and disbarred as the result of a case ho was mixed up In attor he had acted as Brandt's lawyer, will go before tho Grand Jury to-morrow. Han sen says that he will testify that Brandt told him in tlio Tombs that Gans had made him promises and "that everything waa all right"; and that when ho asked Brandt what his own position as oouneel was Brandt replied: "The only reason you were called in was that it would look bettor If I bad a lawyer of my own." After theso and other appearance tho Grand Jury, it is expected, possibly by the end oMhis week or tho first part of next, will voto indictments. LONG ItELEASR ON BAIL FOR BRANDT- It seems likely, officials think who have speculated on tho probability of long delay If the Gerard decision is takon finally tq the Supreme Court of the United States, that Brandt has at least two years of. liberty before him and that some thing may happen before thA two years are out which will secure his permanent freedom. The proceeding in the matter of appealing from Justice Gerard's de cision will be about bb follows: On Tues day District Attorney Whitman and Attorney-General Carmody will serve notice that they will submit briefs to the Appellate Division. It Is hardly postlble that the Appellate Division can get around to entertaining a motion before March 22.' Probably ono adjournment will be granted if such a request is mado. A decision by tho court is not expected until April 10 or April 20. If Justioe Gerard's decision is sustained that ends the appeal pro ceedings. Brandt will then be retried. If tho decision is revorsed Brandt's coun sel will go to the Court of Appeal and their motion couldn't get headway before May or Juno. Tho Court of Appeals would not be oxpeoted to decide the case until next fall or early next winter. If they rovorso Justice Gerard the caso will then go to the Suprome Court of the United States on tho ground that Brandt Is an alien and that the resources of the State courts havo been exhausted. District Attorney Whitman and the Attorney general agree that Brandt can get hi caso beforo the United States Supreme Court. , ,t , It would be very unlikely, they think. t