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The sun. (New York [N.Y.]) 1833-1916, November 19, 1912, Image 5

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,lur Thought Likely to
Arctic Far fnto the
Men Accused of Koscnthul
Murder Solemn During
Summing t'p.
Moss i si:s MKKK 1,0(510
Mull- Mtnupts No OnitoricHl
riiclit in liil Attnok on
l-'onr (iiinpiiirii.
n wit the opinion of defence nd
prosecution and of jpcctator.1 who have
followed tho testimony In tho trlnl of
Oyp the Itlooil, l.rfty Unite. Whltey
Lewis rittil I)jo Prank for the Hilling
of H'.vnmn Hojenthal that when the
(rtfo He tho Jury curly thli after
noon fullowini; Justice iSiiff'a. charse tlio
.iintnon will mil tune p remain uvvr.lto
very la o ti-nlcht to Irarn tlio venllcs.
"See you dinner to-morrow nlRht."
Lefty l.oule Rilnticd over the pr,.
tublo Lofty and the other Kiinmrn
marled back for the Tombs Just before
A .10 o'clock lat evotiltis.
Almost three hours of the afternoon
the lour younK men had been llotenlnc
to As'Ist.mt Hl.trlrt Attorney Mo.sk'h
umnmtlon for the State, three hour.i
of careful analysis of the testimony
with no attempt towartl lion pry oratory
or appeal? to emotion, but an attempt to
(oclia)lv tear down the tie fence.
During the mornlm; Hotwlnn for threo
hour- their eounfol, Charles G. I.
Wahle told the Jury of the "conspiracy
rtsalnt there four hoys" and pictured,
rtfier dNposltiK of each point In hl.i
afBimient. the horror of the little pro
eyuin if four youths walking In turn
to tlie electric chair. The four well
iireM) voiinc Rangier K-azed straight
ni'ad Inlo fpacc. their heads sIlKhtly
bovvi d
t'.vp tlie Hlood. youngest and most hu
ll letii of the quartette, was solemnity
self T le iiulet. black eyed little Lofty
e was a craxrn Image. Tears rolled
i n the i heeks of the more emotional
.'.I-- . I'r.ini durlnc the peroration of his
tiel am' the boisterous, round faced
U l.cwl.s who on the witness stand
ii Im-n the nnnl evcltablo of the four.
pod tils ees III a shamefacfd way too
hi- Mr, V:ihl. lliilahoil his sumnilim up.
I tut the coMm anil analytical methods
employed b .Mr. Moss iluriiip the nftel
iioon did pot seem to Interest the gun
men very much. Mr. Wnhle'n effort,
they t io 1 1 said at the noon recess, was a
' ?re,it speech," a sentiment echoed by
o ens who congratulated him at the.
, i eon hour
iVrhaps the most telling point brought
out In the summation of cither side was
Mr Moss's contention, tricked bv the
testimony given early In the trial Vv Dr.
Otto Schultzu when proving the corpus
delicti, trhe doctor said that all the
gunmen must have been wrong .n their
statement that the "unknown stranger"
Mid to have tired the fatal shot stood
where tho three gunmen, who admit
they saw the shooting, cay he stood.
Mr. Mush in summing up callid at
tention to the, testimony of the defend
Knts and the other uyo witnesses for
the, detence that the moment Rosenthal
utepped out of the restaurant. entrunc
he was killed by this tinknown, who,
the, defence steadily contended, stood I
the, eHst of the entrance or Home feci
.way In the direction of Sixth avenue.
And while this man was shooting wcM
toward Broadway and hitting Hoscnthu!
the four Informers, Hose, Webber, Val
lon and Schepps, were firing from out
In the street or, at the closest, from the
It wa the stranger's shots fired tow
ard Broadway from the Sixth avenue
sW of the entrance, that caused Oyp,
1e.fty and Whltey, who were on th
vest or Broadway side of the entrance,
to turn and flee because, so they p.wore
en the stand, they thought tho strange
gunman was firing at them. Rut from
Dr f-'chultzo's examination at tlie hu
opsy th Coroner's phylslclan learned.
s Mr Moss reminded tho Jury forcibly
vrMenlay, that Rosenthal wtm shot first
n thr right cheek on the side nearest
o Mr Mosb brought ouj, fr.
" it7"'s further testimony that ho
' r marks on the right side of
' 'Mai's face proved that no strange
i r n standing nmc feet to the left
' ave been near tho spot dejdg
' the defendantsHiid so burnt
' " k'4'ihr r'n face, especially on the
' i'
' 'a Mr Moss showed, also from
i- i . ... testimony, that In the case
' only other shot that entered
"n ml' body the hair was so badly
g-.i i ihe flash that the muzzle of
' ' ' r mii'Hiave been held within
r lour Inches of the ticalp,
'iiio: ilblllly If the stranger
"in uliere It l contended or If killed
' gamblers tiring from the curb.
"J 'wen expected that Ihe summa-
r ' t both State and defence would
' niw attention to Dago Frank',
use of his efforlH to establish
n neither did so. As for the
Mi Ioih contented himself with
" ' lie i lie arguinetit that it was
f. erou- to presume that afler
I' t I'r.ink had at mldlilghl gone from
' lU leni rial to Forty-second street
' .lark n.i'-e prove by Whlto and
I' that Itose hadn't "framed"
- !ie would refuse to go around the
ot.i Forty-third street to have
rote the ihltlK that Frank liad
lulft to hear.
- g himself," argued Mr. Moss,
' a.ilng- the streets In freedom
' iKgiu. and If Itose that night was
iieh on proving that ho hadn't
i 'Jcllg ItiMo wouldn't havo sent
-er lieutenants of the Zellg Rang;
"I'urally would have proved his
u. i to Zellir, the leader of tho
"a ..Illielf
' almost an hour and tt half after thn
iiii.imijp 0 , morning session Mr. Wahlo
Jvi nil (us oratory solely to blackening
How ,ui attacking tlio truth of tlio
'' Itosn told and which had mosl to
"' 'I'll ronvieliiiK Hooker. Wehher,
mearnalion fi-. luxe of Now York
' lepravity," was scttred as a criminal
Hljr of opium
A"9 e lw wh opium Un't fit
to live," cried tho defence's counsel,
wheretipon naco Frank, who on the
stand had admitted he wan an opium
oiler also, eeemed umewhat disturbed
by his own lawyer'n opinion of the opium
dealer s small rloht tn life.
i ii-; Kainuier imormants nart nood
winkedw Mr. Whitman, Mr. Wahlo con
tended, a statement that in the afternoon
eailsed Mr, Moss to take up tho cudgels
'11.- -! -
i"i ois ciiei una me supinations itetwreti
imormers antl tho District Attorney s
ofticn. '
Then Mr. Wahle took tip each of the
State's witnesses in turn and dwelt with
! 'articular emphasis on what lie told tho
itry worn tho misstatements of I.uban,
vrauso and Shapiro. exieciallv Shapiro,
the men who hml picked out various ones
of the ctiutucii as tho murderer thev had
seen shootlnp al Hosenihal,
Of nil the defenco's witnesses wIiom.
leslimoiiy suffered on cross-oxaiulnatioii
by the piOHooutioii, tho sworn statements
ol Mrs. lxydd, whoso description of the
murderers tallied with th'at of Itose
Webber. Selieppn and Vallon, was ro
served for tlio last of Ml'. Wiihle'ssumming
tip And not onlv did tho RuntnenV conn
sel uphold Mrs. Kydd, but ox en ront ended
that she wivi the strongest witiie.s for
tho defence
The early remnrks of Mr Moss when
coutt ooneiiM BRnin shortly after :i
o'clock in the afternoon wer'o devoted
to fervent praise of Kratise. the waiter,
and his bravery ih coming forth to identify
the Kiiiiinen despite the threats which
Mr Moss said the waiter has received
Ho likened Kraiiso to a soldier who dared
to face "tills battery of gunmen here and
their friends regardless of the bullets
that might fly in consequence. As in
tho case of Krause, said Mr. Moss, bo had
tho youne inventor Stanlsh been willing
to fuce -this battory of jrunmen" to Iden
tify thoin. and the .Assistant District
Attorney cried hotly that if the "batten-"
has more bullets left Mr Moss himself
is ready to take them.
Second onlv to Rout's storv Mr Moms
dwelt on the identifications of the gunmen
at the tiial by Shapiro. th chauffeur
or the "murder car." who swore that Dago
Frank. While. Lefty and (!yp the lllood
were the nasHeniters he took in ll,,. ti,,..
sile and tsho lied from tho shooting m
tlio gray car Mr Moss in telling wnv
Shapiro finally had decided to iilciit li
the gunmen for the Suto mcntiouo'l
lhat iMvimxt of tlie chauffeur's rear ol
ellg his lips had lieen sealed until ..!!
was kill,d Instatijly Mr Wahlo was on
hi- fot with tlio onjeotion that there was
no evidence before the jurv that .ellg
had Iss-n kilkil and Mr. Moss 'did not press
the wibiect further
Mr Mosrt read Kige after page s(..vtiMi
from tho testimony of the trial to im
press thn worth of tho prosecution's case
Only al rare moments did he iletorl from
his unemotional method ol gumming up
and these were moments of indignation
as lie denied what he termed as iiisinuu
tiotis by Mr, Wahle that witnesses for the
Slate had testilled as they did merelv
because of bono of inonelarv or oilier
reward or combated the direct charges
made by the defence that Hose and ebb.ir
had been permitted to "hoodwink" the
DNtrict Attorney into granting them
immunity in return for a "false" con
fession. Mr Moss's peroration wus an earnest
plea to the jury to remember that thev
are to decide on 'one of tho. inist serious
events that hai happened m the city of
"This is no time," concluded Mr Moss,
"for hair splitting. This crime von are
dealing with is a challenge to civilization
itself. And in the name of the people
of tho State of New York, who have Iksmi
outraged, who havo suffered tho loss
of a witness before the frand .lurv a
gambler, yw, but u (irand Jury witness
who was brazenly shot down in tlio city's
streets, the State of New Yqrk asks vou
to make these four men unci Their friend
see that there l a Ood in Israel anil laws
in tlio land
"Don't be atraid to face the battery
Tho District Attorney asks vou lo bring
in a onlay of murder in the'Hrst decree "
When Mr Moss had (inlhrd Mr Wahlo
wan on Ids feel to say that in view of
certain statements made bv Mr Muss
(while summing up for tho people the
l defence will usk tlie court this morning,
(for permission to make three nipiest
! concfrning rliarr.es to the jury which,
the defence saiii would counteract the
statements considered improper by tho
.Itistiee (loff nodded affirmatively low
lard the gunmen's lawyer Justice (toff
will oegiii ins iiiargo to tlie Jurv when
court convenes at lli'.'iu o'clock lo-'dav
Supremo t'otirt Justice Seabury sfgned
an order yesterday substituting Joseph
Shay as counsel of reord lor I'harfos
lli-cker. now in Sing Sing in place of John
W Hart An amilicution for the sob-
'Mitiilion, mado by Decker ais.1 con-
seuiisi to ny .Mr. Hart, disposes of the un
certainty as to the attorney who is to
have charge of IWker's aps-al
It is expected that lawyer Shay will
tile notice of appeal in the c.ise at onee.
.Justice Snys Evidence 'Ayniiis
Hcv Could "He Houirlil
l).v Vnrd."
Charles H. Suydam. formerly one or
the wealthy farmers of N'orthport, I,. I
failed in his suit for uu absolute divorce
against his wife, Louisa K. Siiydam,
!S yearH old. which wus tried yester
day1 before Justice .Clark in a special
term of tho Queens County Supreme
Court, I.onn Island City. Siiydam charged
his wife with Inlldnllty The JnsiM
in dismissing the action denounced i ) ,,.
character of th evidence liy which it
had been sought to prove tha,t Mrs.
Siiydam had been iintnio to ln-r mm
riago vows.
FJwood Hickiiif!. inyearsold. of l.iiiilcn-hin-Ht,
who testified tn an ufleged mid
night orgy in a bar room near Habylon.
in which, he said, he ami others, in
cluding Mrs. Siiydam, took pah, was
brought into court handcuffed ton Deputy
Sheriff Ho hart servotl two terms for
grand larceny and ia now In the Kiver
head jail awaiting trial on a third of
fence In dismissing the divorce suit Justice
Clark said to Suydam'a attorney
"You have not proven the "allegal Ions
of infidelity The testimony of this ex.
convict has not been corroborated Why
were not some of the other witnesses. in
this alleged barroom scene brought bore?
Tho sort of testimony gi-en hero isforsalo
by tho yard everywhere. "
Commenting on tho allegation made by
Mrs. Siiydam in hsr cross suit for separa
Hon and alimony that she was eoniMdled
to leave her husband because of bis al
leged cruelly and unjust I rent men! ,
Just ico Clark said: "The very act of bring
ing sucli witnesses hem supports in part
I Ihe allegations or cruelly against this
i man. Thn application for separation is
i gratiled ami I will receive briefs as. to I ho
amount, ol alimony that, should be paid "
According to tho testimony iho couple
wero married In Flushing on Juno s, inn:i
anil on account of her husband's alleged
crueltj Mm, Snyilam testilled she whs
i:oinelled to leavn him and haa been
living with her relatives in Queens since
October 17. 1010,
Onr Amhassailor al SI, I'rlrrshnru
llralK-nated In Take Testimony,
- .1 ud gen fdicomho, t.'oxe. Ward and .N'ojes.
sitting as the Cniled Wales Circuit Conn
of Apiieals, signed nn onlor yesterday
designating Hie I'ulted Slates Aiiib.ihsinlor
at St. Petersburg, IIiihhIii.Io take Hie
iiioiiv of Adiiiirill Neideiinnller In M.
lioveinmeiit's dissolution suit hlmIiinI ihe
Hainburir niot ika uisclio. Him pHoketrahrt
Actien (icsollHcli.-ift anil oilier loick-n sleani
ship lines, 1 1 in liii I Neldeiiimller mn ie
sides al SI I'eleisliiug
The ttesl inioiie Is' lo be seal here ninl
Mlhinitted lo SimhiIhI KMiluiner OImiIs
Iv. Kiekel, wh o w ill einbixiy it in Ills itihiiI
to the Department uf Juntlccm VYashingtou.
SeYenil Aereplcd in Murder
'I'riii I When Accused Over
ride His Counsel.
Mrs. (iilp-on Is lenl Ituidini:
Spirit of Defence in
S.nho I use.
Itomir.N, S. Y., N'ov P. A serious climb
between Iturlon W (fibson, Ihe lawyer
accusiMl of miirdeiins his cllenl, Mra.
Rom Mei'schlk S.;it. for her fln.onn es
tate, and !ii cocnsol as lo who sh ill dom
inate has resiillfd Trotn the llrnt ilay of
th tri il snt in select ms a jury
Rols'it H F.lder sivs ihtl Ihe or Ihe
jurors were selected bv Ciibsoti against
Klder's boiler judgment
s lor C.lbson he gleefully sid to-night
a he s.il on Hie cot in his coll. hW wife
by his side, "I've hud mv wav to-div In
selecting Ihe jury. 1 am well satisfied,
We have a line body of men."
Following tho selection of a full jury
panel tho flibsons received interviewers
to-night in Ihe lawyer's coll Roth were
happy The lawyer jeto I nlmr the
cigars lie vissel n round, siying, "You
didn't know tho-m cime from I h Sheriff,
did youV .
In answer to question h" lli"ti s n I
"The jury is n title on": don't vou !imk
so. Uiys? I had my way in il.s sol.'ction
Of cour.se, we consulted Mr.s tilbson
She has s-imethuig al slak In this cise.
you know. I hid Mr Jamison, Ih" elev
enth Juror. called ki"k ,mH acceptc l alter
Mr. Klder's tereinplory challeiig" in 111"
Ciibson was smiling and hi wife was
listening eagerly.
"Ot one of the talesmen," it was sug
gested, "your counsel nskd if Hi" fact
that a witness was a foieignor wmiiIiI
prevent him from accepting Ids letiminy
as i rue. Wliat was the sjgnillcinoe ol
"Don't you wish you knew?" laughed
Mrs. tiibsou. "We've got a foreign wit
ness, and we've got you guessing now
It's a big surprise "
"Is the foreigner nn eye witness of the
"Wouldn't we le foolish to revcil our
caso now?" p.irried the wife. "And
we've got a case, too; remtnb"r thn "
Ciilwon declared his counsel was ce-tain
it would not by necessary for him to Ink"
the stand.
"If I think it advisable I shall certainly
go on."
In answer to a question as to dissension
N't ween himeelf and counsel Cilisoii said,
"Yes, we wero scrapping nil day Didn't
you hear us?"
Mr. Klder early this evening said that
live men on the jury were chosen by
(iibson. Liter he said there wa no
juror accepted of whom he did not ap
prove. At one point during the examination
to-day Klder told liib.son lo "kis.p still"
so loudly lhat lie was heard by lawyers
for the prosecution Charles (iold.ir " ex
amined only oti" talesman during the
When asked whv this was he declared
that he was not a lawyer who would stand
dictation bv a client as lo who should
go on Hie jury
Selection of tno jury prts.-1-odod rapidly
in i.pji or the litforoni.vs of opinion
Alsiut four hours and twentv minutes
worn required for the task Fifly-i-igtit
talesmen were examined Two who were
challenged in th" morning were recall'-d
and one at the din oti, in of th" accusi-d
was accepted.
, On the jury are sit tanners, one rattle
dealer, two storekeepers, on hotel man.
one leal estate man and one "gentleman
who later said lie was a Iruil glower.
The youngest juror is X', the oldest (is.
All are inarri-d In Ihe order of their
selection the jurors are.
Jacob 1 Hicks of Highland Falls,
giocor; Charles Nabor, Montgomery,
funnel; Charles ii Woyant. Highlands,
farmer. Asa T Raster. Warwick, gentle
man, r t nil grower. Harry Tweddlp. Mont
gomery, fanner; 'I homas I, Fidel, Port
Jervis, guxer; Oeorg" II. Dell, ew
burgh. hotel man, Kpjiraiin I' llartinaii,
Ooshen, farmer; Cliatles Merrill. New
Windsor, fanner: John II. litzgeraM.
Chester, cuttle dealer, (leorge W .lanuoii,
t rawronl, real cstatH man, ami .N .
Haiid, Warwick, fanner.
'Iho questions asked bv Iho State wero
r.. T- l-i.l.... I .1 i.. t
ml iii.il en i.mt'i iiiiiiiiii iit't'M.v iiiki
the matter of prejudice and uialerslaud
lug of the presumption of iiuiocence and
circumstantial evidence John J Thorn
ton, a rejected talesman, en jtid the
risibilities of Justice Arthur S Tompkins
and the crowded court room by his detlui
tion of I'ircumstniitial evident o
"IT ye see a man wit li a black eye aiid
nnot tier man running not far off n' Hi.it
when ye.Kiy tlie runner hit 'in "
During the culmination Ihe comment
of (libsou on each jury box candidate
was registered during a brief rnlliHiuy
willi Mr Klder Mrs Ciibsoti offered her
comment by a significant nod of the bond.
She sat. nt 'one end. her husband at tho
other end, of the counsel table.
District Attorney Rogers says he tvil
take twenty minutes in opening for the
Slate to-morrow morning Witnesses
then in the chronological order of their
I'onnis'tlon with the case will be called
Among them are the propiiclors ol the
(iieenwocsl l,nke Hotel. Ihe boatman
and Dame) Dewitl. Hie negro who heard
(iibson a ml-Mrs -i.ibo talking loudly
Mr Rogers hopes to submit his case by
Thursday Mr Klder e.vpecm In hoar Iho
jury charged next Monday or Tuesday
If a trip lo (iioenwood Like lo show the
jurors Iho lay of the land is taken the
trial may be lengthened The District
Attorney will not opse the move, and
the mot ion may come from Mr Klder
One lliing is clear Mrs liibson will pass
on Hid move
Itnohtrui-ively yet effectively Wio is
eicrrising her intention in mapping Hie
lines of the defence Her every move
and utterance indicale the loyally she
feolrt toward thoareusod iiu-.n anil th'efaitli
which be as well as she seems lo plant in
woman's power of divination
The fiibson case is unoi'dlng country
folk an occasion for somel hing resembling
tlio relelirulinn of a festive evenl In
couples they are coming to the county
sisil Few ol Hie e-iger ones were able
10 gain admittance lo-d.iy because of tin
talesmen in the court loom Mrs (Ill-son
wnsat limes Iho only woman in the riHiin.
Dr O'Reilly, one of Ihe (iibson export,
arrived lato lo-nighl Dr McOrnlli is
expected on Wednesday The trial will
be a kill le of experts
Tlie trial will continue at KC'tn A M
I'linimeree oorl llcnil) lo l.'o On
Willi Dl.solMllon Cnsr.
WAMiiiNdio.s'. Nov i The Inking or
testimony in the (iovenimenrH Hiiil for
the dissolution or Ih. Cnltcil Stales Steel
Corporation n. n monopoly in. violation
of the Sherman ,uu i- msl law will be
resumed I o-nionowmoinlng in tho iinii,.,!
Slates i omnicrco Court
Dr IVnueis Hll,er. Deputy Coniinis
Hioncr of Corpori'..loiin, will I'm Iho nUM
liuporlanl vllncs.s ,uw p Mnller an
a coi'i'lii'd ,vu! ,.tei J M .010
11 I, FeiiiiMV'iM.",. . Cist,.,!,., i.tiria,,,,
H I he Iiilctt..le (ommr. o Coiiuniss,,,,,,
vvlll also lestiry. ll is cvpiutedtha' tin.
boiirlng will contitiuo thrco orlourUoyn
Will lie nrleaseil In Small nail and'
io Home Ith .Mother.
CitU Aijo, Nov IS l.urllle Cameron,
who has been held by tho Government
ns a witness against Jack Joh'non, tin
negro pugilist indicted under Iho Mnnn
ael, will lie admitted to bull.
Acting Division Superintendent l.in
of the Department of Justice lo decide.!
to day afler tho mother or Out young
woman had pleaded lor hr daughter's
lihertv Mi-.i Ciiiueioti has been in Ihe
RiK'kfonl jail forn month
Judge Iriindis said Im would admit Mi
Ciiineron lii bail ir Ihp application was
made He intimated that the liond would
be Mtil.'i II
Mrs Ciiuieron-Falconei. mother or '
Miss Cainet rut, wants to fake hr daughler
home io Minneapolis.
lint eminent Will Oppose Attempt to
llntr l,n wlnsseil t"tnn.
Wvsiiis'oTo.v. Nov. IS. Although the
question or admitting Jack Johnson, thr
negro pugilist, to hall has been elim
inated, he having rcga tied bis liberty
In Chicago, the other pha" of his up.
peal io the Supreme Couit will be vig
orously contetted.
This was Indicated to-liny when At-lorney-Oetiernl
Wlckeraham announced
In court that he would oppose Johnson's
attempt to have the conrtlttitlonallty or
the white slave law passed unon bv the
l,1i.li..ul Ifttmtiat thr,ilh llm tnn.llittn .if I
ii writ of habeas corpus.
.lohnon's attorneys seek to have the
whole case held tip by the Hupi rule
Cmrt nrl.tr to his trial In Chicago. The
OoV'rnment vvlll Insist that he first face
a Jur.v
.Miivtir Wrilcs ClianibiTliii Tim t
( il Must Know Wlmt Is
What Ht OiH'i'.
I'KU VIUKNCK. Nov IS. - ndrtoll Joseph
Chamberlin. president orthnOrandTnink.
was oflicially notilleil to-duy by Mayor
Fletcher that the oily or Providence must
receive notification at once as to the future
plans or the Southern N'ew Knglnud Rail
way in order that something definite may
be known about how long the streeta are
to be torn up.
In the notice, forwarded by special
dllvery. Mayor Fletcher cites tho con
dition ol Providence streets, the inter
ference with water and wor mains and
other public utilities, "lhat is utterly un
warranted and a disgrace to the name of
any corporation responsible therefor
He then declares-
"Th-se conditions, which in certain
localities not only set at naught tho con
venience ami comfort of our citizens, bul
even imperil their lives, cannot Is? per
mitted to continue."
After demaiidiut; n definite assurance
from tlie president of the Grand Trunk
about the continuation of tho work.
Mayor Fletcher declares that. In event
ot the abandonment of the work, legal
Meps vvlll lie taken io protect the interests
nf i he rii v of Providence and iteciticiu.
I li" loiter is us follows:
It i. my duty nlllcially to Inform oj
Hut ihe ,'i. -alien of vvorlt on the Southern
New rnjliiiid branch of Ihe tinilid Triilit
has Infi ilus cily. in company with oth"r
parts ol the State, In s torn up condition
tint is utterly imwsrr.iiiteil and I. a dls
crace lo th" name of any corporation.
ressin-ibl.t llierelor
i oi urn of our highways have lieen ren
dered unsafe for travel and many of our
-cwci nn. I water nvins. tocstlier nlth th"
einiipment o( otbri publh utillilei, have
been seriously dis irriingeil
I lies,. I'linditiiiiw. which In certain loeili
lles not onK si ,a niii"lit Hie convenience
. In I coinlort of our i itiyens but even inikril
their lives, cannot Is- permitted to ron
tliuie i Is necessary tlierelore that you fur-
in-li ilcOnilu slid positive inforinntion as lo J
wiieuiei oiir coinpanv uucnils lo proceeo
Willi the completion of the work oT coii
striuting Iho Southern New Rnclaml "r
vvheiher vou and your associate propu-e
to abandon the project
I lie city of l'rovideili e hm been called
::; "zzzz
.M....S iimi'ii,.. i,,i,i iw.niii i. i.iiiu n,i,i ,M
II I, ,1 IN.m HXi.tl I .It,,,,,,.,. ,u.,,r
Hie event of an ahairlnniiif nt of Ihe not : i
,t will be ...ressnry t ,ke le-ral step, to
p.otea ihe Inieresis or tlie city and Its ciii.
, ,
I cannot make too emphatic my re.,esi
licit with all possible despatch ou Inform
me. .is Miyor of the city which stand to
sustain the srenteit diuiuge and to suier
the heiiviest loss from a oeMtion of 1 in-
wink, hs m the purpose of your conipniiy
relsllve to the completion of the Southern
Ve.t Knglaud branch of the (irand Trunk
load in I'.hnde Islnnd
lies, o'llrlrn Wants I. una srnrntri
Itilslinml lo Mnpporl llrr.
Separation for thirty-throe years
illcged ill the suit ol Mrs. Agnes O'llrien
jf Fall River, Mass., against Thiimns
F O'llrien. a Newark avenue, Jersey
City, department store proprietor, for
seiaralo maintenance, which was called
yesterday Is-forc Vieo-Chancollor Sloven
son in Jersey Citv Tlie pair were married
in is; in Fall River and lived together
thrill weeks
Mr O'ltrien's lawyer demurred that the
wife was barred from relief by her long
delay in bringing tho suit. Tho Vice.
Chuncvllor said, "No laise of lime alTccis
a wife's right lo clsim support "
The trial waa laid over.
Iteeenl Work thr Snlijeet of a Speelnl
i:llltilllon 111 Arillr llnuse,
i evhihitlnii of Ihe lerent work of Ham
ilton hlaster Field opened Ihe seiison for
the Viilhley Hoiiie tiallii v Ht IUI Cohiinhlii
Heights. Ilrooklyn. jesterday and a thrniis
or visliois congtaliilHted Hie artist upuu lis
I'lie pictures nere all painted during Hie
mlM'sblHy at Oiruii'iuil. Me. Ial silliinier
mid HI e chlell mm mi's
I'm I oT Iho emphasis ol Ihe collect Inn
ninMs nf Ihe reiteration and euiniil.'illve
effort of the same mood which occurs slid
rim i urs hut nol with monotony A I nays
tin- blh.'ht,bi illiinil colors of "Hie ihiv iifler
Hie siorui," always crystalline prisiiinilcs
in Iho wiilers nnd heavy loam linleii waves
breiiking upon Hie roikbound coast, bill
also alwrivs a variation in Hie Iheine.
Mi. Field never painted before with such
certainly mid slreinrlh, "The Devil's Caul
dron" Isa ver..v disMiniliveeniiVHi-, a swilling
muss of waters seelhliiK, as the title sug
gests, In n uesi of torliidUliiu rocks; hui
even liiuie clever It Ihe picture ciillrd
"Isnu'l's Head," a mass covered pioiiion
lorv dulled with ilelnrheil lumsei, a most
null' eh sublet .-i ;i piilnliinr, yet in I Ills
rii so at hlei lug sliiKiihir sue ess and rlmnn,
W llh I Ih'm nun mi's ire .lion n I -to similes
of luiiils ol widths i'iiM""l in Hie liinsl
liioili rii Peel )iiipiesiimltH' l iniilir-l's alio
also a i Inn ol I no .!(!, t'i' tallies al tin1
lea table leiiileri iminiiil in taint loion of
w nil o, Invemler and pale blue and not ut
ml "J'oil," ,
Tiffany & Co.
Novelties -Bronzes
Lam p s
I'll TH AviiNUl; &37STK:I;1
I'liiladt'lpliia hoalois Atlinit
Coiitlition Hp fore St;i t o
CoiiyiTsSIIIJIII - (t(t;( Kilinniiils.
llUlppPIHlpllt." IS Ll'SM'P.
of Hoatlinu'.
l'tlIl.Al)i:l..Mlt.v. N'ov. 18. Eviden'ce that
thoauthracitccoalcarryitig railroads not
only own the mines and urry their prod
ucts hut own retail coal yard as well
was brought out to-day at the hear
ing In-fore the State Railroad Commis
sion for the purpose of ascertaining if
the rates lietwpen the anthracite mines
of Pennsylvania and the city of Phila
delphia nre discriminatory and prohibi
tive Tlie admission that the Philadelphia
and Reading an'I Pennsylvania railroads
own or control the retail coal vards of
th" city was wrung from numerous re
tailers who had licon summoned liefore
the commission to Jell what they know
or rates charged by tlie railroads for the
transportation of coal. ,
Confronted by the attorneys for five
railroads named in the ietition thn re-
tailors were in a delicate position and
endeavored to Minimi out of any incrim
inatiuit answers regarding th" ownership
of their yards until cornered.
Almost as start ling as the evidence that t
they might le looked upon as the amenta
of tlie railroads were tlie further admis- ;
sions that some of the dealers had onlv
thirty day leases on their yards and that
should they do or say anything lo which
tint railroad authorities might oliioct
they would lie in a way to have their
leases annulled.
I Mllittr fl.i.ilnra wnt-., mnnt tn-t
f them havmg nn ,-r
I even these showed 11 1 reiirs. in iiiww,.rii,,.
i certain
tain iinesticns asked under the eves
or tlie attorneys of the railroads.
i ,,, "ivvii his yiiiils but ieaMvl tliem irom
',., PhiU,Hpliii and Holding Riilroiid,
i was Ceoige W Filmnnds, vice-picsiiient
;,,( ,he Civil Kxchai.ee and Congi-essman-
elect. For years -Mr. IMnionds has lieen
i looked iiikiii as one of th-. largest imle.
jji"ndents in eistern Pennsylvania. When
now;i'iortiion of publicis'ts were anxious
1 1" "l "ll expri'Ssion on Iho coal situation
; from u "representative iudofciiileiit"
rMmonds was the man sought,
1 """Wiiig Mr. Kdmonds a down other
I retailers were nlued on Hie stand and
. lostillod lo tho s ime iiindition. Some
oo.il cnrryitii: i.ulroad owned th"lr vards.
They weio simply Hs-eos, Some of them
testilied thai the railroads even owned
the irosilrs, whileothers said they had
elected tll-'-e.
I lie most iniKirtant facts established
to-day bv Prof. Ward W. Piorson. who
Itvilll ItIS lull- Itlfhinr If........ I H..1I..
land Harold S. Sheriz.' representing City
. Solicitor Ryan, me representing the
' 1 insii!s men vli,i m-.. iu,l Mnl l...
railroad mmmi'ision lo i-edtico the freight
raies on real, were:
Tint the railroads own the inajntitv
or tho roiil yards in Philidelphia nnil
prokibly in other cities,
That the price or i-oil nt the mines in
each or Hie three anthracite districts or
Ponnsylvanii Schuylkill, lhigh and
Wyoming is Ihe same.
That inflated prices or co.il are due to
excessive rates and dictation by coal
currying railroads,
1 hat there is a drawback or to cents a
ton on lighterage charges on Port Rich
mond shipments 'Ihe tint rato is $1,711
a ton, but upon Ihe bill or the coueiRiu-e
tlie drawback is deducted liy ihe company
W. 11 Crossley, general coal agent for
tlie' Philadelphia and Reading Railroad,
was a reluctant vviiness when rallied I'or
the purpose of ascertaining how a railroad
Uses coal rales Prof Piorson asked him
how he would go about llxing n new rate
or adjusting old rntes. 'Iho usual an
swer was:
"Vou oo it is not alwavs prudent to
adjust rates. It might be'well lo lower,
but you imisl nhlayis havo a weather eyo
lor Iho'compeling hue "
While Hui bearing started lo-dav was
lor the purpose of ascertaiiiiiiR' ir the
railroads aro charging prohibitory' rates
lor the transportation or roul Irom tho
Pennsylvania Holds to 1'liiludolpliia, after
some ol' Ihe evidence brought out it was
prodicttsl lhat (lovernment' investigators
must (alio a hand and ascertain ir tho con
dition apparent hero whereby tho coal
cairyibg railroads own tho retail yards
is also In vogue in cities out Hide of Penn
sylvania If this is the rase the local probers
declared the Interstate Commerce Com
mission must lake cognizance of ihe rou.
dilion immodintoly and start a 'country,
wide ilivcsligaliiili.
'Iho railroads as ilereinlants al Iho hear
ing am I lie Philadelphia and Reading,
represented by Charles II lleohner; Hie
Ponnt.lvaniti, ri'ncwnlisl by floorce
Stuart Piil.ci'-on, tho Central of Vow
Jersey, iciirnsrulcd by Jackson K, Rey
nolds; the Lehigh Valley and tho Doluwarc,
Lackawanna und Western'railroad.
Demand fnr special I'anrl In
aer-SI. t'lnlr Cnsr.
An intimation that some or.n i.nn
iered vitha juror in the teceiit trial of the
suit or Miss ICtlith Si Clair, an actn"-H. j
to enrorco an nlleged contract with Klaw
,t Rrlanger under wlilcii she was lo re
ceive WJ.OOO at the rate of $2,50U a year,
which was declared a mistrial by Supreme
Court Justice Pago liecaine counsel Tor
Mis St. Clair persisted in offering testi
mony that hail been rejected, was made
yesterday by William T. Jerome, counsel
for Klaw A Krlanger, when the case came
up on Justice Pendleton's calendar for
trial again. 1
Max D. Kteuor, Misa St. Clair's attorney
insisted that the biiit lie marked readv for
! trial, while Mr. Jerome said that Mr.
, Steuer had broken an agreement to havo
tne case ineu neiorc a reierec.
"My client is not ready to submit the
rase to a reference and we are ready to
prniitsl to trial now," said Mr. Steuer.
"Then we announce ready for trial and
demand a 'struck iurv.' as there is reason
!to believe a juror wus tamtered with at
the former trial, replied .Mr. Jerome.
Tlio tt-Mimony at the former trial de
veloped the defence tlmt Abraham Kr
IntiRer was intimidated into signing Ihe
agreement to give. Alita.St. Clair ir5,WJ
to keep her rrora telling his wire or al
leged relations she had witli him. His
wile later got u divorce anyhow and he
refuod to pay
R a "struck iruy is feral itixl the case
will be heard by 'jurors drawn from a
sjiecial Uliel.
Frcdprif C. Howo Tolls
Chili How to Kntl Miinici- ,
pal Evils. I
Frederic C. Howe, director of the
lVoplon Intitutt told the members
: ot '" Vily Chili last night that the solu
jtion of the city's iiolice, mkUI evil until
I fT.imbllflp tirnbl,t11M l;l- 111 ImillM rillw I
t -.- ..0,.,,,.
by laws made at Albany by Persons 1
jr.orant ot city conaitions or interested .
m, in the nromotinn of some i-nr.d or I.m.I
I Pi'fP0- irresiKctlve ol the -iTect of
! "'eir iwts upon tho life of one-half of i
the people of the Slate." i
; Dr. Howe paid that il was impossible to
t,,nille ramblini and iipostitn ion under
i , Kn7""ln A"' Proittition under j
mwH "om crimes. vinerica,
said, wus fo rar as ho know "the only
country that has treated as criminal
tilings which in other countries nre Irealiil .
as nuisances or as harmless, to be handled '
like any other nuisance or thing ob- '
jectionable lo the morals nnd heelth
or thecommiinity." '
.Speaking or the Sunday closing lav
and those governing prostitution and
gambling Dr. Howe said' !
"I do not believe that any Mayor of i
firenter Now York could enforce Ihcj
laws h lias fiworn to enforce. If lie!
could I doubt if he would receiv e ihu !
biipporl of the community."
.Mry (ienerelll, 11 yeam nlil, ot l:o i'.JH
I'ttflflli trrt. Sheepshfail Hay, n .punll ,il
P. .s, 15.1. ltoiueorrAt avenue tunl Avetme T,
ilti'd clcrcla' In her clasnoom frnin win
vullon. iho coniplalnctl of palii-t mill two
tlearil of llfatlh ih)kMna. prinoiiiii'e,l hor
all rliht. An hour liter the ilka In a nt.
Tho Ulirrinan Apartment llot'l Company,
tvlilrh I'omlurta the Sherman Puuare. Hotel,
fllfil suit In the Supreme Court vriierilay a
reiovrr I2.1I5I from ('Union .1, VVVaier, for
merly employed as h clerli In the, holel The
ininplalnt alleieea lhat 1n Janiury last
Weaver appropriate!) i"h anil checka be.
I oils IllS to the hotel
IMitaril V. Far by, formerly a pollrrmun,
plejileil not Kiilliy In (jeneral Sieslou Court
.temerrlay m an lutlktinriil ili.uilni; him
lth era ml larceny. He una illrmlMeil from
i be force iv hn he il Ish ppeare.) on May lii
afler ho sml Policeman John I'. HyUnil lul
leen roiui'lalnirl of by .lohn lie Coek, who
alleged thai he had been re(,h-,l of 1 1.600
worth of ilUnioiiiis In the lilxhtrenth pre
i In il nation houre. Ilyland ai'iiulllrd.
I'.irle)'s bond nua aet al 110,000,
Soups, Stews and
Are delightful dithc when
properly teatoncd. Ute
thi miit "icnctsTrsisisr
rista, Reasts, Eloulia and SalmCa
era Inalpld without It.
An Afttixr
lo DcKCix'a So.ti. AftnU, N.T,
'Ihe leirsert Bpe'iallv
Cue Hou-jo In mericn,
Changing East
The running sands of
time have marked, in
the past twelvemonth,
such changes as history
is made of, in the three
countries which are the
great producers of Orien
tal rugs.
Turbulence in full
measure has been al
lotted lo Turkey. Persia
and China.
There is no prospect of
a resultant rug famine in
the immediate future
there will still lv good,
handwoven rugs coming
out of the East.
But in such times the
sheep herds suffer and the
fine arts slip back.
The weaving of history
will probably, as it has in
the past, interfere with
the weaving of rugs.
The KIND of rugs will
change and specimens
which today are available
at moderate prices in the
collection of Wild's Ori
entals will be vastly more
valuable in a very few
There are rugs in New
York today worth $1,500,
$2,000 and $2,500 which
fifteen years ago could
have been purchased for
$200 or $300.
History repeats. Such
an increase in values, in
all probability, will again
take place.
The best rugs such as
Wild's Orientals are com
posed of will grow more
New rugs will come
from the Orient. There
are rugs coming now from
the Near East which ten
years ago wero unheard of
- such as adaptations of
designs from the rarest
antique or modern car
pets7 good 1n their way
but not generic.
All of which is to be
considered as we ap
proach the Christmas,
which carries us back to
the desert and its cara
vans nineteen hundred
and twelve years ago.
What more appropri
ate Christmas gift could
be selected than a
vouched for Wild's Ori
ental - one of these rugs
of older type, which are
sure to disappear?
From $12 to $100 there
are small rugs in this
collection well worth
From $100 to $500'
there arc carpet sizes of
unusual merit.
From $500 to $7,500:
there are large rugs which
in a surprisingly short
time you will not be able
to duplicate.
Above that price tnere
are rare pieces, sifted
from all that the East
has to present, which
have already reached the
station of being abso
lutely alone unique in
the world of available
Wille for our bookkt
Joseph yfwt&Qji
Fifth Avenue' 6-35th 5trtci .
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