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The sun. (New York [N.Y.]) 1833-1916, November 26, 1912, Image 1

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Fair fo-day and to-morrow; diminishing
west winds,
culled weather reports will be found on pa ;e 15.
VOL. LXXX. NO. 87.
NEW YORK, TUESDAY, NOVEMBER 26, 1912 Copyright, 1012, by the Sun Printing ami Publishing AuoclaUon.
Wife nnd Son on Stand to
Trove Alibi for Ex-City
"Mysteries'' Whitman Dwelt
On in Opening Prove
Xo Secrets.
ST F. I' K I M A K KS .1 1' K Y LATUM
Justice Ooff to Pusli C'iim to
Fiiiii.li To-morrow if
Charles H. Hyde. hl wife nnd lilt
f urtecn-ye.ir-old son all swore yester
day nficrnoon that the ex-Clty Cham
berlaln, now on trial on a bribery
charge, could not have compelled
Joseph G. It. .bin to promise that the
.Vortliorn Pank would loud tin- Carnegie
Trust Company $130,000 between :3o
and S o'clock of the evening of August
22. 1P10. because after a motor ride from
h.s on.ro. 00 Wall street, be had arrived
in bis home at ltolyn, I,. I., In tim,. for
. T o'clock dinner. There will be other
witnesses to this alibi. It is said. If they
are required, one of whom may be
Hide's mother.
II was admitted that the defendant
bad met Kobia in company with Will
l.'.m J. Cummin, and .)oeph I:, ltolch
mann at the otlice. but It was contended
that there was 11 desultory conversation
of only 11 few minutes, during which
le thins was said concerning the de
mands .if the Carnegie. Tnut on the
X irtl.rrn Hank. Witnesses to this oon-vcr-.itlon
who will verify Hyde, .state
ment will, It is said, be Cummms and
Ilelchm.inu themselves, who .1. ready
s have been convicted of Illegal a , iii
their management of the defunct b.mu.
in? institution.
ir Winn, to l-lnlt.li To.imirrou.
Altogether It was n day of swift inl
ine incident In the Criminal lirancli o.'
the Supreme Court, where Justice iofJ
1. determlneil that the trial -hall bo
over In time to let the Jurv en;
Thanki'glvliig dinner at home.
The prosecution played ltd hut trump
card In the morning, when It called
John V. Smith, Hyde's prlmte secre
tary, to tell about the $1 1,000 loans ob
LiIiimI from the Carney.. Trust, and
Introduced evidence .it.ou: t'u- fl'.OO"
I ans to Charles I'. N ,,t on,
time a newspaper man and I ii.-i .1 pro
moter, for by till" m Mr a. e 1- was
snusht m show whore tin- material
benefit to Hyde came in. lint in tha'
stage it was apparent t;.at b .:h sides
claimed a victory.
It was shown that Smith and Nor
cross had the money, ami that nearly
nil the Smith money went Into Hyde'
bank account, but tho proserin! n wn
somewhat nonplussed by having the de
fence readily ndmlt that t.io money w.n
obtained on Hyde's Indorsement or on
bis guarantee.
In the matter of the Smith note. how.
rrr. In which District Attorney Whit
man had declared to the Jury there was
n secret Indorsement or guarantee by
the then City Chamberlain, the tru;
i miony's books vliowed yesterday tnnt
. : irre was n plain record of the fact tha!
' !'ie note was Indorsed by Jlydo. 11 do
admitted the transaction and said it
vas a mntter of legitimate business, tin
"nuir being paid when they wet., due.
That left the prosecution without anv
.vldotice tn show that Hyde benefited
! any favor, nccordlng to the defence.
II air Klltlnflc Hot II SI. Ira n Witness.
Hyde himself, on the stnn.l for an
V.r.ur and a half, was a witness who
soinied to ploao both prosecution nnd
defence. for tile defence. It wa a
.'ortod, after establishing an ullbl In the
olobrntcd Itobln mooting, he hail r.
plalnedyhnw he came to take up with
v Ciimtlns and how he came to give
' (jV.NpjrToy to the eight banks, giving the
ffnmes of tho bankers who had pre
T nlled upon him' to do so, and then had
Iliad! categorical details of nny knowl
edge of what Cummins may have ..said
fv to tho bankers.
T The prosecution was satisfied, It said,
because It had managed to make the
relations between Hyde nnd Cummins
very close Indeed; It had them writing
letter, particularly Cummins, who
wrote In terms of extravagant friend
ly ship; and It had from the witness an
admission that, despite adverse reports
about the company, he had never mad"
any special examination Into the con
dltlon of tho Carnesie Trust, which was
reported to be precarious.
Hyde's defence to nil this Implication
that he did not exorcise vigilance Is a
letter written to him by tho late Jordan
V, .T Itnlllns, counsel to the State Super
intendent of Hanking, and a statement
made by Clark Williams, then State
Comptroller, but Jut before that Hank,
lug Superintendent, that 'William J.
i ummlns, a financial wizard from the
South, had' rehabilitated tho old trust
i company lo such an extent that It had
oven enllfjted Andrew Carnegie's moral
N,--""" Mipport.
Urorrtary Smith Trlla of l.nnna,
Nathan C Hayes, socrelary of the
Guardian Trust Company, the first wli
nej.., was on the stand long enough. to
swear that no American Tobacco Com
pany money ever came to the Institu
tion for Its favor to the Cummins
gtotip, and then Wllford K. Fulchor
i f the otlice of A, H. Loach & Co. gave
mine technical testimony about hand-1
bug tho. city bonds on August 24, where,
by the Northern gave tho $130,000 to
the Carnegie Trust Company. Then
fmc young Sir. Smith. i
Ho was, ii ml Is, the secretary to tho
Continued on Fourth J'npe.
If you wlhMyllh ryn.'lM rail t Sprnrrr'
t"A Vlrlchl or Toilc 1'rlililfs. 7 Mnklcn iJnc,
Member of I', s. Il.mr.l , Hrlnllt
if III., Mtml 'n 1!S.N n Wrfk,
Ai.tuvv, Nov. Supremo Court Jus
tice liudd to.il.iv Issued an order under
the garnishee law ngalnst the $15,000
salary of Stale Public Service Commls
sln Curtis N. Douglas of Alb.inv.
.Mr, Douglas sat to-day for the tlrst time
us a member of the commission, He Is
a brother-lu-law of Gov. Dlx. lie re
fused to-night to discuss the matter
further than to say n Judgment secured
1. 1S!U was Involved and that he was
defrauded In the first Instance.
Mr. Douglas's salary of $i;,,ouo a year
Is about Jl'fiS.sC a week. The new gar
nishee law allows lo per cent, of ti man's
Income to be deducted to satisfy a debt,
which means that 1'S.84 will iie taken
each week from the Commissioner's pay.
The Judgment against Mr. Douglas
was secured In New Vork hi May. mil,
I'V William S. I.awson and Harry 's, Day,
Minlvlng members of the Inn 'of w. S.
I.awson & Co., a New York- brokerage
concern now out of business, a tran
script of the Judgment was llled In the
county clerk's olllce bete on July L'0,
1311. and an execution was levied on his
property by the Albany county Sheriff
on July ot that year. It was returned
uusatlslle.l nnd no further m'tlon was
taken by th,. creditors until' tu-dav.
"eeri-liipj It. llUeontloile llrrr sic
iiiiN Wlicn Men II room I'roMeleol.
WsiiiuTi.. N..v. 2.-,.- Secretarv of the
Navy Meyer has directed that the Inter
I national Morse code of signalling ho
adopted Immediately throughout Hie
naal service, replacing the Meyer code
The Meyer code will be discontinued
, altogether as soon as the signal rorcrs
of the ships and the shore stations shall
become sulllclontly prollcleut In the In-
tern.itloiial Morse.
I The Miirso code will bo applied to the
, wireless, wigwag, occulting light, s.utnn
sm-niiis unit ttie Ar.lols and ery
methods of signalling.
Von Uroinon FoiiIit Hiuliw
iii ii ii in (iraml Street station
Till rnt'oiiM'iosiN.
A lu'sliwaymall iittaeked David Von
Hiotnen. the ticket agent on the south
bound platform or the Second awnue
elevated station at (iranil and Allen
streets, at 7.30 last night with mi 'iron bolt
and got away with $1 K, after hu had
! beaten th" agent into unconsciousness.
Although this station is above one of the
busiest corners of the city no one was
present to interfere nnd the highwayman
with hi- coat and hands smeared with the
blood of the agent disappeared up Allen
Von llrnineii.uhoi:nand lives ut of 110
I'ro-pect pin... Ilrooltlyn. lias bocn em
ployed by the road lor eighteen yenr.
When he got t.i work last night he saw
a young man m the waiting room of the
station. He was at his little window
when suddenly he was struck a glatu ing
blow on the head which bit into In scalp,
but did not knock him out lie turned
ami received another blow which la.d bis
cheek opn.
titd as the agent is he grappled with the
other, who was wielding an iron bolt
eight or t'-n inches long. The net blow
landed on the agent's chin. Th"ii tho
highwayman struck once more at the
agent's head, and probably thinking lu
ll. ;1 s'iit enough time at the job lie
reached his hand into the pile of quarters,
dimes and nu keU on the counter, thrust
a lumdful of them into his pocket and run
Harry Mocowitz, 210 Kast Sixty-third
strer-t, was beginning an ascent of the
stairs when he heard the sounds of scuf
fling above. A moment later the high
wayman ran past him.
Von Ilromeu was taken to Oouvornour
Hospital, where it was Mid that the blows i.
huvo probably caused a fracture of the
skull. He was able to give his story to
tho oliee.
Detectives found the bolt with which
th" assault wns done, u gray cap, with the
name "I'ussey" stamped inside it, and on
the floor nu oen oolot knife. There
was $7u in a drawer which the thief over
looked, and Von Hromen had $wt of his
own money in his pocket which was not
taken. le says that ho thinks ho can
identify tho highwayman if tho police
arrest him.
No report of tho holdup was given out
at I'olico Headquarters.
Mrs. O, II. P. Ilelinnnt Doesn't Cnre
llnrr Mnny Men Come lo Hour.
Miss Maud Malone, high ptlostoss of
heckling In the recent campaign, has
found u friend In Mrs. o. II. J'. itel
moiit. Next Monday evening, Decem
ber '1, Miss Malone Is to tipcak at the
headiiiatterh of Mrs. Ilolmont's nocloty,
la Hast Korty-llrst Htrcct.
"And she is going to tell the truth
about her recent urrcst," declared Mrs.
Ilclmnnt yesterday.
According to militant Maud's new
friend the truth Is ptctty bad. She
declares that It Is a disgrace to Ameil
can men that any of their number
should have handled any Woman as.
Miss Malone was handled on Hint his
toric occasion when she Interrupted
Candidate Woodiow Wilson In llrook
lyn. "She Is going to ghe all the delalls."
said Mrs. Ilelmonl. "And wo don't cue
how many men are in the audience to
hear them. It won't bo pleasant, but
It In .time that the truth was known.
Al her trial Mlrs. Malone did not loll
how she, wnti treated nt the time of her
"She was conducting herself then
with wumanly reserve. Hut it didn't
seem to have much effect In securing
Justice for her, so now she In going to
speak with absolute frankness. And I
am glad of It. The Improprieties which
wore perpetrated at the Hum of her ar
rest were an outrase."
'.n unmlllKnlrrl ilrllKht tn anilmilr with
htimnr." Mti Ihr (ilobr of "A.VA'I'OU" nuw at the
UTTLIJ I'llKA'l'lttt.-Aitr.
Sought Wreck by Kiie nnd
P.oinb of '"Hilled Los
Not Satisfied Willi That. He
Wanted to Kaid Motor
lie Win to Have llccii 'I'ool in
I'l'viistntiiiu' Wnr Kill
Hums Stopped In.
, l , UNAI'OI.IS, N'OV. 2,1 HlHull'J
John J McN'ainani had become within
a week of his a 11 est by the Hums 1 lei "i Iivim
and to what lengths lie proposed to go in
'cnirying out the great dynamiting cam
paign of toil was the story that Ortie V,
McManigal told on th" witness stand
'to-day in the dynamiting cases it came
al the conclusion of th" evidence of the
self - confess..,! dynamiter and was a
fitting liualo to 1 evel.it ions that bared
the plot and which the (loverutuent ex
pects will send the forty-live men on
trial to the s'tiitenliaty under cumu
lative unteuees that may nggregalo
thii-tv-seveii years
l'or some reason John J McN.11n.1rn
felt a strong resentment agains) the city
of l.os Angeles and he rarejy spoke of it
without an oath ilis brother had made
his getaway after dynamiting the l.os
Angeles 7'fti.rn and kilting twenty persons,
but somehow J. J. could not get over
tin feeling that there ought to be a larger
programme of dest ruction for that city
McManigal was around headquarters in
April. Hill, and oil the seventh day of that
month the plan was unfolded t. him bv
John .1.
It provided for one of the gieate-t
outrages of modem tunes, the setting of
I numerous llres in diflerent parts of the
city with machines made for that pur
pose and tlie coincident blowing up of the
waterworks system so that the fire depart-
I ment would le helpless in extinguishing
the tiiimes.
I The time of the event was to be fixed
I so that the lire would lie carried to all
larts of the city by favor.ibl" winds and
, the place would U- wiped out of existence
Another plot of which McNaniani
spoke, but which did not reach any pur
ticular development of ir.eans in their
1 conversations, was lo orgai'i7e for a
1 holdup at the Speedway in Mav following
when he said there would be not les
than $l.V).(i from receipts in the efllo-s
of ill" Speedway company. '1 he plan
' was to have the holdup men provided with
automobiles and to make the attack at
a certain hour when the crowd'- atten
tion would bi rivet ted on the rares
"We may have to kill two or throe.
I but what the hell is the difference if we
get the fi.Vi.iKKi''" said McXatiura.
I 'I he union socrelary. accordin;; to the
dynamiter, said lie had a pin 11 to put the
Heaver Hridge "into the creek" jusi prior
to letting the dynamiters go on another
1 hunting t rip which was to follow shortly
infter the proposed Detroit dynamiting
! If not sending McManigal on a huntit g
1 trip, said the witness, MeNum.irn said
ho would send. him to Pan." in i lo blow
1 ii) the locks. McManigal said lie asked
jif the explosive would be carried all
the way to l'anama, but .1. J said it was
manufactured down there and the dyna
miter could steal a whole magayine nnd
dump it Into the locks." McManigal
Vaid lie point. si out that there were too
I many guards there. He testified that
' !. .1 suggested Hint he enlist in thecrtuy
(as lie had previously served in tho San
. ish-Ainerican war! and be (Mailed to
, i'aii.im.1, but Hi" dynamiter pointed out
that the enlisted man had nothing to say
' as to where he was sent
I "Well, go down anyway nnd put it in
I by tile wagon load," he testilled McN'a-
tnara said
! McManigal told of the trip be and
j.l It. mole from Toledo to Detroit; or
.their crrest at Detroit, where they were
j accused of being safe blowers who hid
i done a job at Chicago tho preceding.
'Saturday night. He told of wli.it no
leurred on the train, saying J. It. said lie
I knew he was wanted at Los Angeles,
but he could prove the explosion there
was due to g.is
I "I've got the whole l'odoratlo!l or
Labor back of me with a mil'ion dollars."
1 was a bncsl McManigal slid J It. mid"
i "Yes, you hive a whole lot of ganon your
stomach you are trying lo ge! rid of,"
! McManigal interposed The dynamiter
told thn story of how ,) II. tried to bribe
Cuy Hiddinger. the Chicago detective,
lo let thorn off Hie train, beginning with
S.l.noiifitid dually ralslni', this to $no.ii.
! s!ms1 by Hiddinger where he could
ohlnin Hi" money J II. aid ho would
gel il from his brother. .1 .1 McN'amara
1 "II you don't lake lho $:t'l,(l').l Clarence
Harrow will gel i," st'id J. B , according
'lo the witness, saying nisi at annthor
1 time:
i "Cls'ono'i D.rrow for mine."
Tailing in eflorl to bribe, said MoMani
gil ..I. II. threatened that ho would see
t that a gang "got" every one of his rap.
i tors,.
I MoManlgal lold of being taken lo Do
' teclivn Heed's house in I hicago, whore in
'a conversation J. II. wild: "livery man
j for liimu'lf " McManigal said that in
I a conversation later with W. J. Hums,
; he (McManigal) told in Kiibslnuoo what
he knew about (ho dynamiting plois.
lho dynamiter ,hen was tinned over
to tho defenoo and ci'oss.examiuatiou
by Senator Kern was begun.
McManigal in reply to a (iieslio'i or
foiillniirtl nn 1'iuiith I'ttyr.
ii- .j.. . .
file I.OIIZ :illl2 II I hlnr... f'Hrln ',.
All cxqiiblle yniv of ('hlii.e riiiliriiiile ili s, n.
tlnue rug).. e.lilbllcU at llitir klivtvrguint,'
ruin at,-,iuv,
.Insllee ItcfnscH In IHniiiIiis llrnft
Hint lliiimiue I'nse.
Siipieme Court Justice New burger
denied y stei t'.iy an application by the
cllv of New Voik to dlsml's n nut:
I'l-ou.tht In 1 St; $ by Charles K. Appleby
to recoM r $10.ri00 d. linages because the
I Intel Allertoii. which he owned at
I'levenlli .neiiiif and Forty-first street,
was d'stro.M'd .hiring tlx- draft riots
In Im'.S. The Hoard of Hupet visors
p.Tsed 11 re.olutloti lit ISiJI granting
!7,:;i;ii lo Apphhy 011 his claim, but ho
1 efused to accept les. than the amount
asked lor. and the money was never
Meanlhuo everybody connocled with
the lltlgalloll has died e(,'ept .Mr.
Appleby, lie lilted a now lawyer a few
months ago. He asked Comptroller
l'lendetu.. to pay Hie $",P.O0 slanted
by the Supervisor nearly llfty years
.il'o, and the Comptroller refused. Then
lll. atlot'lley llled notice of lllal of the
ancient ult. ,
The city", contention was Ihat the
delay was due to the plaintiff, and Hint
ilie dty Is now entirely al his mercy
ln-v i 'i It can llud no wllne.ses to call,
.in lice Niwbiirger decided that the
' '.'i.v In the til.il was as much the city's
'. .' as Apptcli 's. and upon the plain
! rl's ameei'ii nt Hoi to demand Interest
from Im;4. th.' court denied the city's
application for a dismissal.
S inis Out a 111! esi'iie Scliiiiucli
After Two .Men Hail Cone
Down With UN lioat.
! Mr Caroline Phillips, a widow .Ml year
i old of "s lloyt aonuo. Astoria, swam
'.'imi leet out from th- storia shore of
Hell (int.- early yesterday morning and
saved from drowning Pidicenun Otto
S.-'omu'-k of tlie Hast '.'Cth street station
as he was floatin ; unconscious on the
tide after two companions had been
drowned when his thirty-five foot motor
lioat Pilot was hit and sunk by u car
lloa of the New Huron railroad.
, The men lost were Joseph Willoclcs, a
bartender of .'.17 Kast 140th street. The
Hr inx. a d William Livingston, also a
; bartender, living at Park avenue and
Nintieth street. They were in tho cabin
when the boat went under the bow of
the barge. Their bodies have not boon
! round
The Pilot was ntnniu; up through Hell
(!ate with Sclimuck at tho wheel. He
had thirty hours off duty and liad asked
a couple ol Ins friends to g fishing with
j him. They had nuul an early start
frotn the foot of Kast 125th street and
' were heading for Port Washington.
Sclimuck would not liavo lieen saved
had not Mrs. Phillips soon him drifting
' lust, liis Ijody buoyed up by his big over
coat She swam out and towed Schmuck
to tlie shore. Her cries for help were
! answered by a butcher Uiy, who took tho
now half conscious policennn in his
wagon lo St John's Hospital. Sohmuck's
condition is serious, but he was able to
give tlie polits. something of a story as to
how tho accident hapM'tied.
He wns steering tlie Pilot, ho said,
' and was just rounding Hallett's Point
i when the car float loomed up ahead,
'lho bow of tho float passed over the
Pilot, sending jt to tlie bottom with the
i two men inside.
President nf l.alinr Federation Knf-
fpr From Heavy f'nlil.
Kooiir.sTnn, N. Y., Nov. 23. Fatigued
! and sulToring from a bad cold Samuel
llompors, president of tho Amorlcnn
' l-Vderatlon of Labor, Is In bed In his
room In the Hotel Seneca. Ills condl
' Hon is not regarded as serious, but for
, fear Hint III his rundown condition tho
I cold might develop Into pneumonia his
i physk.an, Dr. Camp, has ordored com
' plete rest for several days.
I (iompors was scheduled to address the
building trades department of the A. f.
1 of L. convention, which opened this
morning, but bad to give up and will
i return to WasHngton as soon as he re
covers sulllclen tly to travel.
I'nrl. Widow's Itnlry Culled In II nee
' fur I'nrsp mill llnsbmiil,
j Spmnl tithle Itnratch tit Tin: Si v
Puns, Nov. 2.V- The courts here to-
j day ruled out a suit for damages, fraud
and nrcncii or promise brought ny aimo.
I Lublti. Ci'i years old, a widow, against
I M. I'oiuiue, but before the case was
thrown out Mine, Lubln had n chnncc
i to toll all about the romance which has
Hills been shattered.
She, It appears. Is a wealthy dress
maker and wanted her colors borne to
i victory on the turf at Auteull and IVms
I chumps, both because of the sporting
blood In her nnd because advertising
1 pays. Tints she met M, fouque, who
i agreed lo help her, nnd with 4,000
francs $M)0l of the widow's money he
bought the horse (lladlator. Just lie.
fore she turned over the money to lilm
! ho asked her to marry him. She con
i senled, and It was agreed that the won
, ding should be held when (llaillator won
h!s llrst race.
Just what objections lo the marriage
, the racehorse had i ould not be learned,
hut In everv race be was entered he
, lagged behind the rest, while Mine.
Lubln, from the stand, urged lilm on to
; win her a purse anil u husband.
At last. In despair, she appealed In
l''niiiii(.. but ho stood Mini, and said,
'"iinly when lho horse wins." (Hatha
' tor won not a race, and the suits fol
low rd.
IVnrevlleh Well Aiciiln,
r"il t'H'ile lifipnich In Tim Prv
CiiruNiiAia;:;, Nov, ".". Tho Czar has
sent a me.'sagn lo bin mother, the Dow-
.' ngcr C.at'lna, who Is here, nrsuring her
, that the CVarovltch him completely re
covered from his recent severe Illness,
The Czar ndds that a relapse Is not
Ilirrr l.l..lnnl (titer linleniMi
nt llrlrnn. Vlrk.lmrr MrmnhU
I'e.tohcil hv .StlPTIIKIIN IIAII.WAV: itiaenin.
...... .i.ii.. ih,...,.i. n .i..iini.,K.i ..t.
ri vnllnii. OmnlnVriinm, Mutrrntim cms.' ' Pn-
, siirpiiKkisi (lining cur srrwrr. ft. i omcc, .'81
j I'lllli .Uc, cur. :9lli ilt.-Ailr.
Si'iitls for K.vliibitsniitl Wranuli's
for Six Hours After
Court's Clmryc.
jOnc Itcpoi't Is That Nine Men
Were for the Con vie) ion
of Prisoner.
CoSllUN, No. The
Jury which
tried I'.urtoii W. (llbsoii, moused of
miirdeiitiL' Itos.i Men-calk Saaba In July,
I , ,.i ..vioel: tilt- .ooi-nlnir that !
' ,. ... ..1 1 ,i.i t,,
it could not agree and asked that JUS-
'zjrst; s;;,,::i,,::!;,e ',' ,;ro t :
; (oiivlcllon.
I tine Juror was quoted as saying that
I he would refuse to coin let "till hell
freezes over. '
Assistant Dlsttlct Attorney Murphy
i'ii Id nt midnight that whatever the re
jsult Clbsoii would not go from the
lourthouse ti free mail. He will be ur
ifsted mi a wartant charging lilm with
grand larceny, sworn out by Hugh
Tialncr. u former client of Cibson, who
I alleges that the lawyer defrauded lilm
I of $17,000 two years ago.
Jll-Hce Tompkins took the bench at
o'clock. (Jlbson pale but calm sat
at the counsel table beside Ills wife, who
1 was trembling violently as the twelve
men lined up. I'oteman Hicks reported
that the Juiy could not agree and a
number of questions followed by various
I The Court ordered the Jurors to go
j back and make another attempt to
I .Mis. C.lbson remained In her hus
i band's (ell while he had his supper.
As she left the Jail by a side door, she
was served with an order In connection
, with proceedings to get at the where
iabouts of money, trunks. Jewelry nnd
other belongings ot the P.osa Szabo
I Justice Tompkins took two hours nnd
twenty minutes in delivering bis
charge, following summing up for the
defence by Ilobert Ft. Hlder and for the
State by Assistant District Atttorney
Wasservogel of New York. The chargo
was accepted by both prosecution and
defence as fair.
Court was late In opening because
Hit court was Informed that Juror No.
5, Hurry Twccdle, a farmer of Mont
gomery, had been seen talking with a
man In a saloon lust Krlday after the
Jury was excused.- Tho Justlco was
closeted with the Juror for ten minutes
and the trial was then tlnishxl.
Tho summing up by Mr. Klder took
all tho morning and half the aftcrnon.
It was S:"0 when Mr. Wasservogel gave
way to the court.
The court began the charge by a
statement of the accusation ngalnst
the defendant, followed by a definition
of circumstantial and direct evidence,
an exposition ot tlrst nnd second de
gree murder nnd emphasis on the legal
theories of "presumption of Innocence"
and "reasonable doubt."
In reviewing the prosecution the Jus
tice, after referring to the findings of
the three doctors nt the autopsy, said:
"Mlnturn, the storekeeper, saw two peo
ple In n bent over position. The man
was clasping the woman with his left
arm. He brought his right ami up
to the tipper part of her body. Then
the two went out of the boat together.
He saw something behind the boat nnd
then saw the man turn the boat over,
nnd ho throw one arm over one shoul
der und the other over the other shoul
der and then he disappeared, later to
! reappear.
! "Witnesses have testified that on the
, day of the drowning, or I should say
I happening, the defendant made differ
1 ent Inconsistent statements rognrdlng
the deceased. If these Inconsistent,
, contradictory and false statements were
' made by tho defendant why were they
, made?
"Why did he say she wns In Chi
cago, when 111- knew she was dead?"
I "Why did ho say she had no relatives
:nnywhepo'.' What do these thltigs Indl
I cato as to the guilt or Innocence of the
'defendant In connection with the death
j of Itosa Szabo?
' "If her death had been an nccldcnt
would be have told these stories, or
I would be have frankly told just how
the accident happened?"
, The point against the defence that
I the court repeatedly emphasized was
: thus expressed:
"If there Is a living person who
claimed to be Petronella Menschlk and
I executed the waiver, and who claimed
I to be entitled to the money under the
win, way lias sue not lieen produced
as a witness at the trial o
her absence
accounted for'."
Mr. I.lder In summing up said:
i "ii,, rv... n r,.i rti. ,.... fo.
asks for a fair chance. Ho hasn't had
lit. Hounded and persecuted by yellow
j Imaginations, he had to get Into this
I court to get his fair chance.
I "As for Mlnturn, he bus a most pecu-
liar memory. The details he glrcs
come from his imagination. And If
! you eliminate Mlnturn you can't con
; vlet.
j Mr. Wasservogel In his nddress after
! reviewing Glhyon'a uctlons after tho
I wonian'H death said:
1 "Are these the actions of an honest
, man? With what phantom broom does
, the defence eNpect to brush aside all
the facts which give the presumption
I of evidence In this case such a Jolt?"
In .elnslm.' Mr. Wiisscrvogel said
!l'u ..I l..ni. .. MM...
"" " O SliUI. I.Ol. IIIIS
....... ......... ......
mm i.imo.i, uin ,,i-, u . nmiii, inn
crook always overreaches himself. That
man has tried to mako you believe
what hu
knows In his heart to bo
fa be."
The clo'lng visibly nfTccMl the wife,
us well as the lawyer. She seemed tor
loi stricken.
uiMY-M'tvv I'ooriui.i..
Sntiirdii'v. Nmritibrr m. KrnnUIn i irlil. phlia.1
iiriinua. ixnnsy n n ma. nniiriaii spri'lM irnln
llirrl tn itrnunils enr I'rnr.sylvmiln Slitlne,
lii;;.i ,. si , iii'i.i . m , ue.m ,. ai . nil imrlm catk
aml .I'nl'iu mis; in .S5 A M., nil re-v-hm ntal ill nine
csr. I li lii rnln ? ri) inlmili's nflrr ciMiie, Poanil
ll.'P. A..!Vni. Prdilr-l;. A. U. P. A., Ml nttli
j Atuue. New ori.- Mi.
AtlncL- of Inillumt Ion Prevents 111
A lxlllnir (.'olnnlnl I'urtlnmenl.
fptrlal Cable Denpatei to Tim Sis.
Hamilton, llermudii. Nov. 2C Presi
dent-elect Wilson, who suffered nn at- j
lack of acute Indigestion to-day nnd
wns prevented from attending1 the ses
sion of the Colonial Parliament, says
he is better to-night.
.Sir Thomas Watson, the Rpenlter of
Parliament, nnotinced nt the beginning
of thn Parliamentary session that Mr.
WHVoii would be there, and it there
was no objection he would come be
hind the bar, where thu Spcauer's
throne Is slhintod.
Air. Wilson says he will go to nee
the piny "Our Mutual friend" on
When informed of the death of Sena
tor Hayner the President-elect made
Hie following statement:
"I learn with sincere regret pf Senn-
lor Jtayner's death
The country lias
lo"! nn able nnd patriotic servant
.will be very difficult to replace him."
phqwns in 2 inches of water
fiiiruRp Helper Found Deed nt Hoi-
loin nf Klrrnlnr Slinft.
frank .1. Meyer, a helper In the Hud
son Hirer (larage at 13.1 Amsterdam
avenue, started yesterday afternoon to
ball out the water which was standing
two and a half Inches deep on tho bot
tom of the elevator shaft when he fell
forward Into the water and wa
Some time afterward Cieorgo Holme,
the garage foreman, who had set Meyer
to work, went to see why the Job was
not llnlshod and found thn helper's
onVrril 2, ClerKj'nmn Ankrd t(), So
Poller Flnnllr Hunt I'nrly.
Isidore Torce of 79 School street, Yon-
kors, took Hose Haggon and a weddl..g
party to tho rectory of St. Anthony of
Padua yesterday and asked tho Rev.
Michael Uaruddl how much It-cost to tie
married. Tho priest told him $10.
"I am a poor man," said Torce. "and
can't afford to pay such a price. I'll
give you $2."
Tho priest stood firm, and Torce be
came excited and let loose a string ol
abuse, father Hnruddt called up police
hoaibiuarter.s nnd four policemen were
sent to the house to drive Torce nnd his
companions nway.
One nf Qnnrlet Waa DlamUiiril, Three
S nipnthtird.
The four young doctors acting ns
Internes nt the J. Hood Wright Hos
pital, 131st street and Amsterdam ave
nue, walked out on strike at noon yes
terday because the hospital authorities
Insisted on dismissing one of their num
ber on a charge of neglaal i ml duty. 1
Iist night there was n new staff of
attendant physicians at the hospital
nnd the striking doctors hnd been told
that they could not come back.
Those who walked out In a sympathy
strike are Drs. f. M. Carrol, C. C.
Hlckens, Stone nnd McNenl. One of
their number was dismissed by the bos
ptlal authorities, though which one could
not bo learned.
Itefore leaving the physicians offered
to co-ipronilse the matter with the au
thorities and remain on duty If they
would consent to grant the dismissed
doctor his diploma. This was refused.
Children In Court I'rrfrr Ii'nolr nnd
far tn fJrnnilniothrr.
Surrogate Ketcham of Hroohlyn per
mitted two little children to choose yes.
terday between two homos, one offeroit
by their grandmother, Mrs. Kllzabeth
Benson of 329 Schenck avenue, nnd tho
other by an uncle. Dr. Charles n. Gard
ner of Schermerhorn street.
William Gardner. 10 years old, de
clared for the uncle quickly, nnd his
younger brother Joseph was not long
In following. They loved their uncle
more than their grandmother, they In
formed the court, nnd the younger an
swered gravely that he loved tho auto
mobile too.
The children have made their homo
with their uncle since the death of
their father, Joseph Gardner, who wns
employed In the Corporation Counsel's
In denying the grandmother's petition
Surrogate Ketcham said that he be
lleved It was made In good faith, but
thought the children were getting along
very nicety with their uncle.
Trains nn PnrrldKr and Tlint Which
Scots Hold Itenr.
Mary Garden nrrlved from Kuropo
yesterday on the North German Lloyd
"nor fJ(,nrgo "Washington with a hard
I word for woman suffrago nnd a good
word for Scotch porridge and lots of
sleep. Miss Garden said that the rea-
i 1,lat 'sll(! as H,1 ls la '""cause of
mo porridge nnu going to lieu early, i
She trained herself In this manner last '
summer at her country placo near Aber
(Icon. Porridge, plenty of sleep nnd now i
and then a nipple of what Scots hold;
mart dear Ih her recipe, for keeping In
Miss Garden has bought a large cover
for game In Aberdeenshire and expects
some good shooting next year.
Mirrirr Will TnUr Promotion
liny In I'revrnl llrnciie.
Sheriff llarburgcr announced ycslcr-
day that as a result of two anonymous
I,,,,..., ,.., ... , ,h ,. J
"""" mil"' il llll! Ulieiuooil ..
n,.,l wnrillnir him Hint nn iillmoni ,..t 1 1
. "a' " . ., . , . 1,1,1 ul11,
," i," ik. , . Ji i .." . 1
.....' . n ". , : I'"". :
necessary ho will probably engage a '
special railroad coach for the trip imil
will not risk hiking his prisoners Into
. an ordinary day coach. Ten of his
deputies will accompany him, ho mid.
Tho Sheriff wald he had arranged tn
Oin nle Ossin
i dear of suspicious person all after-,
J non
1 .V TI.'SI' OF RAII.IIIMI) l'.l'Klt'll'.N'Y."
IkaU this avtrilmcnlou pace lu.-i(r.
Invention of Alarmist News
papers Who Fail to Un
derstand Situation.
Both Von Berchtold and Sazo
nofT Amicably Following
Definite Policies.
.Servians Snirt to Bo Preparing
for Conflict, nnd European
Bourses Tremble.
1'iom a .ipcclat correspondent of Tub Stt.v.
Vikx.va, Nov. 25. No news is Rood
news. The international situation is
exactly as it was yesterday. Even
tho soinhro medium through which
joumalistio spheres delight to con
leniplato it remains tho same. Their
alarmist comments of yesterday are
merely paraphrased to-day.
My telegram of last night was re
published in Vienna this erening with
the explanatory conjecture that I mav
have arrived at my optimistic forecast
by learing out of consideration tho
official Russian attitude. As a matter
of fact the contrary is true. I baso my
judgment on tho attitudo of official
Kussia and official Austria nnd on the
assumption, for which I have good
grounds, that in both empires tho
policies of tho respectivo monarchs
will prevail orer tho impulses giren
by irresponsible groups or anonymous
forces, however well intcntioned.
If by ignoring or making light of
Russia's Joral policy or M. SazonofT'a
authority to carry it out that section
of tho Austrian press reaches tho con
clusion that the situation is grave and
frightens investors into throwing so,
curitics on the markets, the readiness of
those publicists to misjudgo official
Russia at all times detracts their ad
thority on tho subject'dnring the present
Russia is littlo known to them. Thn
fantastic notion is now current here
that the St. Petersburg Cabinet is bound
to take the next move and that erery
thing will depend on whether it climbs
down or maintains its present uncom
promising attitude. In fact tlie report
was spread that it was believed tho
Clerman Kmperor has undertaken to
persuade, tho Czar to abandon tho
present provocative policy and to striko
a more conciliatory course. All thoso
things" are fancies. Retweeti Kus.sJa
and Austria there is hardly more diplo
matic tension than tliero was six or
twelve months ago, nnd judging by all
causes now operative there is no prob
ability of there being any.
M. Sazonoff's policy is pacific. It
is sanctioned by the Czar, and tim
imperial Government disposes nmplo
means to realize it in every detail de
spite nil opposition. If it were other
wise, as people hero imagine, thorn
would be an end to tho Russian Kmpire.
Neither Count von llerchtold, th
Austro-Hungarinn foreign MinistT,
' nor .M. Sazonofl', tim Russian foreign
head, is n doctrinaire. Neitlier states
man holds n brief for European penco.
They have, however, tho welfare of
their respectivo countries nt lienrt
nnd both are firmly convinced that thoy
can adequately further these, nimi
under tho now conditions created by
tho Balkan war by keeping to diplo
matic methods.
Any indication of n ehnngo for lho
worst) in tim situation would assuredly
' j)c perceived by these statesmen first,
1 , , , . . , . ,
",ul 1 nm n,,, to n(Iin" ,lut
l f them has yet discerned any
,,,, , ,t ., . , ... .
' "k "mI !,h"VP, ""Inee.
i mat or rirliiK.
."pei-iat Cable Detpnteh to Tun Stv
I l.o.sno.v, Nov. L'6. The correspondent
oi mo j lines tcicgrapiilng under yea-
terd.iy's dato from tho Tchataldja lines
"Since my last despatch there Iiim
been no lighting on ho lines beyond a
few affairs at tho outposts. The heavy
gunllro has been desultory.
"Meanwhile tho Turku havn plied thn
pick and shovel with such good will
that 1 um more and more convinced
..,, .., ... .!, , ...
'"l"i o" ui pics.iu.o
from another quarter the allies will not
-''4, the losses which direct operations
would entail.
J' , " ' ' L'
,,, ,,;, . , .1 " "1
ConHtautlnople, In the Interest!! of fair
play I cannot Indlcnto tho second nnd
third positions. Their strength must
prove an tmportnnt factor In thn cur-
''"'""v -a-
flr,"Y V "n tt tt Ic.n ttrnt whatever
Plight bo lho ciiiiso of Hie delay ino
I 1 ... K "l '., U1IH ,,,on"b
j I am poalllro that no serlom

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