Newspaper Page Text
THE SUN, THURSDAY, MARCH 30, 1910.'
4 M'GRATH MAY BE FREED TO-MORROW .lihlleo Sciiddcr fo DrHilc Re .'unling Certificate of Hcn snnablo Doubt. FIMKNDS SHOW LOYALTY I ii:i Mrtirath. Col. ttonsevrir score t,r Hill leitnlnly may In the Itayinoml , rri Jml until to-morrow. Hp can't ,,.. ill; K"t nut on tiall until a ccrllticiiU .,f raronuhlc doubt, which III lawyers hic iifkeil for. Is granted. Argument on their iippllaatlon Is nciieduU-il to 1x lir.iril by Supreme Court Justice Pcudder to-timriow morning. If the Justice finds ii.il the questions set Iteforo him ar rniili' he will probably make known I. ili-clsion at once. Otherwlso he may rsir to bIvp several days to the problem. If tlio uertltlc.ite Is Issued McOrath 'I at "nee be set free on ball, pending t ilfrl!on by the Appellate Division of the Supreme Court ns to whether he ilerves a new trial, tf the certificate i withheld he will bo transferred to (he uerkhouse on Ulackwell's Island to trie the (est of his thirty day sentence for a.se-.iult unless! his attorneys can liiul foiw other way of getting hltn back ld'o (lie SllllliKllt. Itol-ert II. Kbler, the lawyer and Pro tre'lve. brought into the case at the mssejtlon of Col. Iloosevelt, and John 1 ILilpin of Howers A Sands, the at terney f record, are continent that the otlin ale will be granted and that there Kill be a new trial. Mr Hnlpln got from Justice Stapleton late on Tuesday nlgM an order to show rue why a certificate of reasonable doubt should not be Issued. In the fea- ral courts this would have enabled Mc Hratti to get out on bull at once. The State (nurts. however, have a different .i'ein A precedent established In the mi of Abe Hummel stands in the way e Col Itoosevelt's secretary. Winn Hummel In 190.1 was con vii ted ef conspiracy in the Dodge-Morse divorce tHiicic he rot a show call? inlfr and Jutlce Woodward set him f'e In 110.000 bail. District Attorney .lro:ne. contending that 'the Justice had reeiled hs power, had Hummel re irrfjted and returned to a cell. Th fieir' of Appeals upheld Jerome, ruling tlmt betneen the time n prisoner Is sen (eticed and the moment he sets a cer tificate of Tasonable doubt he must stay i Jail. So In that respect the only ef-'s-t of the show cause order that Mr. Hatpin sot on Tuesduy night, nlthnugli technically operating as n stay of sen rnee. was to prevent McGrath belns t.ikn from Haymond street Jail to the nnrkliouae. In the petition which caused Justice e apleton t Brant the order Mr. Ital ian and Mr. Klder pave four principal -essoin for demandlne a ned trial, l-'irst, try s.v.d that McGrath was entitled to Jury trial and that the authorities v elated his constitutional rights 1y tak l"C him before Special Sessions. Rec ord they contended that the Special fusions Justlccx erred In excluding evi ili'iiie Indicating hostility and bias on t1" pan of Charles l.lshte, Jr., the com rla nant. nnd of Mrs 1 .1 slur. Tills eii ince tvnultl have shown, the lawyers Mid, that after the I.lghtes made 'the W?e of assault against McGrath and li x cousin, William Powers, they went ! to "a public place" with male com panions, who. encouraged by Mrs. I.lchte and using a cane lent by Mr. l.lshte, rave Mr. Powers a beating. The third assertion made by the two Ian vers Is that the court refused to al Imv the Lighten to lie cross-examined as to their exact relations, and that on a previous occasion Mr. Mahte and his ti fe differed as to the city In which they Tere married Fourth, the petition sa tint the court should hae permitted .Mr lfalplu to Cross-examine Mrs. I.lghte a (o whether she assaulted a taxlcab rtrer In 1913. Such testimony, says the T'tttlon, would have tended to show whether Mrs. I.lghte was of a quarrel tiic disposition and given to violent i'Utburti. and would have a bearing on t c lilntity of the real agsressor In the ts-.nilt of which Powers nnd McGrath stand convicted. McGrath would see only five visitors jcdenlny. They were Mr. Halpln, a ljlncss representative, an uncle, an ant and Ilurdette G. Lewis, Coinmls- te of Correction. He told Mr, Lewis ' wanted no ecial favors and didn't Ma ' to talk about his case. Meanwhile McGrath's Progressive ( i. convinced at las; that It was "m tli tr "Mac" who lansulshed In th Kings' (ounty jail were giving ex ' i ' mi to their loyalty. Tills Mate n.n vhs signed by State Chairman W,. iff .li .lin-nti. National Treasurer F. If Hooker. William Hamlin Chllds, ' llrookl.in leader; William Hard, '"Vn it.-ples and John M. Strieker. " sincerity and iniinhootl and honor able conduct are what we have long ffjinl In John Mctir.ith n wish to tt Jus at this time our belief In him. V know htm to Is? Incapable of any un 'almus act " ii.ice v. Perkins dictated thl: of in at Ptosrcslve heailiptarters ffi perfectly satisfied that In ome way. mOinn, a gr.ne mistake has occurred V'.'i 'hat tills w II lie rectified as soon ''ie in itter can be brought up on tp"'' Meiirath's host of frUnds will In e.r thin they can to see that the nt'r Is. firoperly cle.ited UP." GIVES SEVEN RIBS FOR A WIFE. Mounded Knvllalimnn Hrlnrna With llrldr iiti Tn scan In. Wrarirg a steel coisct to take the p'a ef seen rllis he lout In action 'lobert Klrton, an niiglloliniaii who lived ii PlttKburg for thirteen years before the w.ir b;an, returned yesterday from l.uriipe mi tli Anchor liner Tuscanlu. 'I i trip was also his honeymoon, for Kirt ii went Adam considerably better i evhaiiglrig his seven ribs for one fe Klrton was a private in the despatch orp and on August 14 of last year was 'jplerM to carry despatches to llasln oun lie blundered Into a battle he Ui'ln't know was going on and found Imi.ulf within the German lines. In attempting to escape his motorcycle was torn to pieces by bullets and the n'jriteoris when he was rescued took 'enty.elKht machine gun bullets out il Ills body and found seven ribs shat Ured. He was sent to the base hos pital at Paris and fitted with the steel fVl He cannot walk without it. Klrton received n distinguished service t idal in r.nitland lie met a girl he liad known beforo he, first left there and they were married. Klrton Is going tack to the automobile bualness In Pitts urg The Tuscanla carried twenty ftrat "bin passengeis. 134 In the. second cabin nl forty-flve steerage. V. 8. AIRMEN UP 18,700 FEET. Man Vela .Vrw Altltade Hee- ord Second Time, I'lNmCdLA, j.',i March 29, I.leut. C, fiauiloy of the naval aeronautical orp rnsp, ti,e m(Vy altitude record the second time when he ascended to nelght of 1,700 feet In a CuHIss i)lrodcroplane this afternoon. The pre- V.f.ljn record In fho nivi- tri. I , ft. made by Meut. Satitley December V ,,'m r'' '"" fli!llt 'd' wa8 miuln ....ui pssrenger anil was completed In three hours. Navy aviators say that his perform if breaks the world's altitude record 'or hydroaeroplanes. EMBALMER IN PECK CASE ELUDES POLICE SEARCH CoiiffHitri rnm Mrst I'aif and he asked Kane, 'Did ou Ret the arsenic?' Kane replied, 'Ves. I went down on iHing Island and there I got three sticks of arsenic from a gar dener that I have known for ears. "Walte said, 'Htlcka of arsenic? I never knew It came In sticks.' Knn replied, 'Yes, It docs. These gardeners use It In their business.' Wulte snld he never heard of such a thing and hu then took down books In his library (books tl.nt 1 saw marked) and began to study the subject of aiscnlc with reference to gardening, "I said to Walte. 'Did you find that they tisn It to destroy worms at the roots of tender plants?' nnd ho said, 'Ves, that is Just what I found.' "Walte went on to tell ma that Kane had told him that arsenic had been used In embalming fluid In other cases where persons were accused of murder by poisoning and that he had turned a case out of court over In New Jersey in that way about six years ago. Kane said he had been brought Into three other cases of the same kind. He assured Walte, Walte told me. that thero need be no fear that he would tlx things all right and that Walte would suffer no harm. , "It Is InteiestltiE." added Judgo Swann. "that Potter lias admitted te celvlnc finm Dr. Walto a letter warning him not to communicate with Walte by telephone. I can say ulso that 1 nm not at all satisfied with Potter's stnry or ex planations, that he Involved himself In numetous contradlitluns, that he Is un der suivelllaiice and tli.it he will be ".lies tloned even more closely to-morrow. After one of the long sessions Potter had with JudK Swann and Assistant District Attorney Doollns Judge Swann himself Introduced Potter to the news paper men and gac hhn leaxe to reply to questions. Potter lecalled first of all that he had been the undertaker in the case of William Maisn lllce. the aged Texan whom Albert T Patrick was con victed of poisoning, though Patrick was pardoned a few years bo. "How wns It that jou were entp!cd tr embalm the body of John K. Peck?' Potter was asked. "Through Dr, A. A. Moore, who at tended Mr. Peck." he replied. "I met Dr. Walte through Dr. Moore. This was on Sunday morning t 4.1S imerslde Drive. Walte's home, and a few hours after Mr. Peck died." "Didn't you think It was our duty. Potter was asked, "to report to the Dis trict Attorney the conversations with Walte and Kane?" Why Potter Made .No Hrlinrt. "No." he replied. "The Health De partment had Ifhued a death certificate In Mr. Peck's case nnd ever) thing seemed to be regular Helde. wb.iteer niv opinion may have been I dtdn twatit to be dragged Into an unple.imt afTalr. Potter made his denials explicit He asserted that he knew notliltu what ever about Kane's transaction with Walte and that If Kane hart had any dealing with Walte he. Potter, had not been consulted and was no party In the matter. He left the District Attorney's office, unaccompanied apparently, and went to his home, promising to return to the office this morning. Judge Swann was keenly anxious lat night to apprehend Kane and confnnit him with Potter and was greatly dls appolntcd when Kane's wife said that her husband had not returned home and that rlie had received no word from him. Last night the railroad stations and the ferries were being watched. It Is probable that Judge Swann will ask Potter to-day to go to Hellevue. where his story may be compared with Walte's. Confessions Amplified. Ray Schlndler. head of the private detective agency which has supplied I much Information t the District At-' torney. snld last n'glit thai Wu te had nnlder.ibly amplltleil h'.s ptcvlous con fessions. "I now learn from him." said M". Schlndlrr. "that he doesn't feel that he Is actually guilty of murdering Mrs. Peck, although he admits his guilt In Mr. Peek's case, lie i.as that lie be gan to inquire the germ cultures of malignant diseases at the time Mrs. Perk came lliint to visit him ami h:s wife and that ho tried for seveial weeks to Inoculate her with various ill-.'a.'.". "Nothing happened, he tells me, and finally the strain on Ills tunes was Mich that he couldn't stand the sis.ni.e. He began to give Mis, Pi ck heavy ilns. s of cocaine. He does not believe the cocaine killed her, however, since Mie had been a very sick woman from Kid ney disease and a complication of ail ments. He admits having trl.d to kill her. but lie doesn't feel that Ills effort" nolo successful. He is Inclined to think she died fiom natural causes. Hi In- fists that he did not give any morphine or chloroform to Mrs. Peck or try to kill her with gas. "He tells nie that he gave no germs to Mr. Peck that he used arsenic solely. "All thiough his confession he moaned and muttered about his wife. "'Wlieie Is Clara?" he kept nsklng, Wliv Is sh not with nie'.' My God, what will Clata think of me?' "He did not mention Mrs. Maigaret Wrnver Jlorton at any time. So far as I could tell x!ie was not on Ills iiiln.l His statement was long and rambling and In all of It there vveic not mote than n iloen concrete facts," Uevii'ie Walte's statement that he did not tty to asphyxiate his mother-in-law with Illuminating gas Hie District At torney heard from an employee of t ie ('olns'seuni apartments that one nitfhl about tre middle of Januaiy a few da.vs b"fore Mrs. Peek died one of the hall- boys t-nicllcd gas anil reported to the superintend! r.t- The odor came from Walte's apartment, and when the super intendent entered wltli a passkey lie found that a Jet v.as flowing full strength In the bedroom occupied bj Mrs. Peel;. Wulte explained at the time that he sup posed his niother-Iu-lavv had turned on the gas accidentally. Mra. Marlon Trie to see Walte. Mrs. Margaret Horton attempted to see Walto yesterday, but her request wai. again refused by Judgo Hwnnn, Hit i-ounscl, Harold Splelbcig, appeared to be Indignant over the refusal, Jle said that If permission wore refused again he might et hlmolf retnltied as coun sel for Walte and so be able to take part In the conferences held by Walte with the District Attorney. L'nable to see Walto Mrs. Horton wrote him an af fectionate note which ran : Dkar Doctoii : I am oh, so sorry for you ! I know you are absolutely Inno cent. Ho brave and strong. I shall come to see you to-morrow. Makuaiust Horton-, Tho Dlstilct Attorney doesn't think she will. He Is going on the theory that Walte Is not yet physically or mentally strong enough to sen visitors. It was said yesterday that the Oiand' Jury may bo ready by to-morrow to hand down an Indictment against Dr. Walte for murder in the first degree, Coincidental!)', In that case Dr. Walte will bo formally arraigned and trans ferred to the Tombs. Ervin J. Smith, head of the Krvln J. Smith National Detective Agency, Inc., of 13 Park Mow, has been retained by Mrs. Ilortou to locate a diamond cluster ring which was siven to her by Dr. Walte, She tiys the ring was taken from her by detectives acting for the District Attorney and that she has been informed that il Is now In possession of Miss Catharine Peck of the Park Ave nue Hotel, who is said to have asserted that Dr. Wallu bought it with money ob tained from her. The greater part of the cash Walls turned over to Kane was obtained from Miss Peck some weeks previously, On February 22 Miss Peck received a check for 19,999.21 from the executors of the estate of her brother, Thomiui Peck. Miss Peck gave It to Walte outright as a present. Ho Indorsed It and placed It to his account In the University branch of the Corn llxclmngo Dank. The cash drawn out by Clmlottl, ex hausting Walte's bank account, Included the amount of the present from Miss Peck. PECK FAMILY'S DENIAL, i ccr Thought nf I'lnanelns De fence of Jlr. Walte. Through Walter Diew, an attorney of 2S6 Fifth avenue, the Peck family signed a statement yesterday which they hope will make plain their attitude tovvnrJ Dr. Wulte. Jt follows: "After a conference this morning of the Peck family, attended by Miss Cath arine A. l'cck. Percy Peck and his wife and Dr. Hchurtz, the family physician and long time friend, And by Walter Drew, the following statement was given out through Mr. Drew, aa attorney for the Peck family, In regard to the dif ferent rmrors that have appeared In the press concerning the relations of '!ie Peck family to tho prosecution of Dr. Walte. . "Any rumor or statement to the effect that the Peck family or any of Its mem-J ocrs uas lurnisueu, ur iiiivuua iu iuiiii.-.n, any assistance, financial or otherwise, to tile defence of Dr. Walte. Is abso lutely false and unfounded. No arrange ments to that effect have been made. II till so far as the selection of Mr. Deuel as counsel for Dr. Walte Is concerned j that selection has been made without niiy authority or understanding with any member nf the Peck family. "The attitude of tho Peck family has been and Is the hope and expectation that full and exact Justice be done. Any statements Indicating a spirit of revenge1, on the part of Percy Peck, or other members of the family, ate a'-o uti-l w.lll. lilted. I "Tin. above statements apply specifi cally to the rumors connecting the name of MSs Catharine A. Peck with the ar rangement for the tlnaming of the defence. No arrangements of that kind have been made or contemplated. The Inconsistency of such rumors Is fully evidenced by the fact that from utmost the beginning of the Investigation Into the death of Mr. Peck Miss Peck took steps which have resulted In tying up completely the different bank accounts and motleys of Dr. Walte, which wero p.ut of funds ho had secured from her under pretense that he Intended to In vest them. "Miss Peck's efforts in this direction have been successful and she has se cured and now holds these funds. Mlsa Peck has also assisted In financing the Investigation which has b"cp conducted by the detective agency Into Mr. Peck's death, and Mr. Drew, acting hh her nt torncv, has from the beginning worked In full harmony and cooperation with the District Attorney In bringing to light every bit of evidence bearing upon tho case. "This statement Is tiiiule to set at rest the misleading rumors, to the con trary, and besides the members of the Peck family present at the conference It fully represents the opinion" and fi cl ings of Pert' Peck's sister, Mrs. Wulte." The statement was signed by Percy S. Peck, Mrw. Clara Peck Walte, Catharine A. Peck and Mrs. Percy Peck. Mr. Drew explained that Percy reck signed the statement for his sister, Mrs. Clara Peck Walte, knowing that she would have signed it If she were present. Mr. Drew Is now trying to find out what became of between Ji'O.'ini) and $30,000 given to Dr. Walto by Miss Catharine A. Peck to Invest for her. Of this money he knows $9,000 went on tho embalming deal. He has been unable so far to locate any checks that were made out to .Mrs. Margaret W Horton. POISON VICTIM SHIPBUILDER. II. . jres. Identified In Mam fiird. Mill In Critical Mate. StvmPiiiii, Conn., March 29, Herbert A, .yres, who swallowed nine grains of bichloride of mercury In chewing gum .vesterilay, was identified to-day as a New York promoter. .Mr. Ayres's condition continues crit ical. Asldi from the mercurial folson Ing he Is suffering from a mild attack of a kidney disease, and the attending jih.vsli'iniis are awaiting the outcome of tets made by Dr. Iliuce Weaver to de. teimltie whether or not an operation will be advisable The patient ha said repeatedly that he vi, nits to die Vceiirilitig to friends he hail been wmrying over business nf. fans. Mr. Avrcs's sister. Mis. M, Z. Maker, ntftiscd to discuss the case to. rtav further than to insist that her brother is suffering from gari. UTILITIES FIGHT NEW TAX BILL Double I ill post on I'rani'liUra rbargeil Arnnoti .Mensnrr. Al.tUNV. Manll 29. Considerable op po'lllon hy public utility coiporatlotis Is being truiie to the proposed amendment of section ! nf the special franchise tax law. as provided by (he Aranow bill, winch will reach us tmnl reading In the Assembly within a da.v or two The New Amsteidatn i',tis Company of New York city In a brief filed Monday with (lie Assembly Finance Committee contends that the suggested amendment to tlio law will produce double taxation of public utility comisinles. At the present lime public utlttt.v franchises ate subject to two kinds of taxation: tit st. a lliense fee or Its eipilv ulent and second, a lav nil franchise value; that is, n lax on earnings In ex cess of ii per cent on actual Investment. The special franchise tax law parsed In IM'9 provided fur taxes of the see. ond cl,i.ss, These wern to be. assessed by the State Tax Commission, although In pioceeds wero to be paid over to the Imfll authorities. It was provided tli.it f i oin the amount paid as special fran chise tax the corporations might de duct whatever they paid to thn munici palities under the terms of their fran chise giants. Tho Aranow hill would alter this and limit these, deductions. It Is proposed that, supposing there nro no earnings above ii per cent, unit consequently Hie State Tax Commission In assessing the special franchise tax has not levied any thing against them, no deductions .no to be made upon the nctunl Investments In the stieets. The publlo utility comp.i nles argue that these Investments will be taxed twice oncu under the origi nal grant and again uiiiUt the special fi.inch'.so tux law, DEMOCRATS FOR U. S. CONTROL. I'nucu Vntra to Operate All War I'lll 11 1 a. Wahhinutox. Matoli lly a unani mous volo tho House Democrats went on record In a parly caucus to-night uh fa voring (iiiverti'iient ownership of all plants engaged In the maiuifacHire of otduaine and munitions of war. The caucus w.ih called primarily for the pur. pose, of committing tlio paity In the House to the Henate bill appropriating $1 l.ofjn.Oui) for the purchase or construc tion of a Oovernmenl nrinor plate plant. Champ Clark, Speaker of the House, made an address In which he advocated Clovei nnu'iit owneishlp of munition plants. ltcpiefiitallve Taggart of Kansas quoted President Wilson as an advocate of Oovcinment owneiHhlp of such cstuh 11ilnents. Mr. Taggart'H assertion aa to the President was not contradicted. Charles of London 718 Fifth-Avenue EXHIBITION f One Hundred Old English Marble and Wood MANTELPIECES MOTHER FROM GAS Sii.vs That Tlujfs Wore Piled l With Fluid Flowinjr ns Parent Slept. TKMiS HOW FATHER IHEIl Gisanp ItAfiDs, Mich., March 29, Mrs. Clara I.oulse Walto related to-day through the Itev. A. W. Wlshart the cir cumstances In connection with the deaths of her father and mother, Mr. and Mrs. John H. Peck. She told also of an In cident which sh hdlevcs was an at tempt on the part of her husband to asphyxiate her mother a week before she was poisoned, "My husband wanted tne to go to bed early one night nnd ho also told mother that she tieeded some rest. We thought little of his suggestion and compiled with it I had been asleep about one hour when I was awakened and de. tected the odor of gas. "I hurried In mother's loom and opened the door. The gas was very strong. I shook, mother and awakened her. She was almost In a stupor and It was several minutes before I could re vive her. "When I Investigated 1 found the gas Jet turned on. One window was up and several rugs had been placed against the door. Arthur never got home until the next day and when he came In 1 asked him about thn matter and he laughed and said that mother probably forgot to turn off the light and the wind blew It out. I'alleil to VlnUe Kt plnnntloti. "He did not attempt to explain the condition of the rugs, I didn't suspect a thing at the time, but since he has confessejl I am "nro that be made an attempt tli.it night to kill mother nnd might have succeeded If I hadn't awakened " For the first time to-day Mr. W.ute discussed the death f her parents with Dr. Wlshart "My mother was greatly dlstrtssed for M'veral dais," she said "She com plained constantly nf feeling unusual nnd said she could not put a finger on the inlii I called n physician and he seemed unable to rilleve In r "dn Siturday nUrht she went to bed early. About 10 o'clock 1 went to her room and noticed that she was breath ing hcai ll When I told Arthur about this he s.ilil that mother had a bail cold anil the breathing was mh natuinl. "Whin I went to mother's room the next morning she was In exactly the same position, and lifeless. I called Arthur. He took one look at her and then said. "'Yes. she Is dead, all right." 'Then he left the room. While we made preparation to send the body luiel; Aiihu. w.i vi ry busy running aiound. He never .xpr.se, any Krief, although at times lie s.v uipathi?) d with m Some, thing .seemed to have his attention, though "Tlio nlg.it before father d.cd he was m fine sphsts and we h.nl n vntrola concert. He enjo.ved the muse lm mensel) nnd lie had me ripeat t lie rec ord 'Ti aiitnerrr sevenil times. After ie tliing lie complained of being to vain and Aithur went to his room. He re mained there a long time hcfnre he came trick and ns-iurd ni'i tli.it everything would be wel! Tells nf Father's Death. "About 2 o'clock In the morning lm again weni to the room. When he came to my rnoiii lie told nie that father was dead. He was very uneoin emed about It, but I thought his attitude ve.is due entirely to Ids wi'h not to increase my (.erv otisness Mis, Watte expressed no urpr se when she was told of lur husbands confesing to kllljug both her father anil n Hither. "I have been expecting it," she said "Afler I onen made up my mind that he laid deceived mc I Knew this would follow." TEA TO AID WAR ORPHANS. Tun l.enilliiu Oricnnlm t Ion I nlle to slum Their Work. Two oig.uilzatlons, the New VoiU Cit.v Committee for the l''athrle.s Children of I'r ce and the Committee mi die Children's rnnd for the Kiddles' Ks, will Join In giving a tea and exhibition of their work at 136 West I'orty-sis'ond street tii-mnrrovv from 4 o'clock to ii. Mrs. rtliur M. I lodge is chairman of the Kiddies' Kits and Miss I.ulelta A. laiand heads the other. Mrs I 'ouglas Mobliison, Mis. William Sloane, Mrs Ueorge olncy, Mrs. Uustav Kissel and Mrs. Marshal ,1 Dodge will pour tea. Mrs. Dodge said vet.teiil.iy that kits were coming in from all mer the conn It), especially from schools "Krotn one school in Kirmlngton eigh teen kits weie received the other day," she said, "and It Is Interesting in ser how nearly every girl put In something extra a toy In a pocket, or a book or u pretty handkerchief or a picture. Many kits come in memory' of a child lh.it has died, p'rom a New Kngland town wo got twenty such Kite fine ncreaved mother had started It and all the other mothers who mourned the loss of a child followed," Mrs. Dodge said that mer .'in, 000 fatherless chlldien had been "adopted" In this country through Miss laiiunl's committee, Thn adopted children stay mi t' other side, adoption meaning simply that the adopter pain ten cents a day, which maintains the fatherless little one In tlin homo of its mother In Franc or Helglum. YUAN CAN'T MOLLIFY REBELS. Iteiiiiiiclnllon of Throne I'nlls to Unit roes. Who Keep an liBbtiim, SlUNOIUI, Mn roll "!', I'lltnoieil h the announcement by I'resldent Yuan Slilh-k'al that China will not become a monarchy, Hie revolutionists of south China aie roiilluulng llm lebclllou Their lotesl success la thn laptuie of Ceng- (bill. In tl'iti ptoiimv of Se.chui'ti. Tills province Is mnlli of Yunnan, ivhrre the revolt staieil. Tlie iclicl tumps ai iwrteil to be about seven unit's fiom l.uchow. Accoithng to adilces riuni Cheng. In lighting In the southern dlstilct of the province of S.i'-iiiuen lias ceased tem poral ily. but It is s.iiii 1 1 1 a I bandits an looting titles on tlie liieiig.lu plain Undue llstate ;oei in Wlilon, . The will of .1. Asplnw.lll Hodge, who lied March '.'I', following an f .-) ; vt j .11 , left Ills entile estate, estimated at more than tsn.ono, to his widow, Mrs, tieno vlcvc K. llodcc, 'RHEINGOLD' GIVEN FOR THE THIRD TIME Uiilliiiiit Performance of Wag ner'H 3'rologue at the, Met ropolitan Opera. "Das Ithclngold." the prologue to Wagner's great Nlbeltingen trilogy, was given at the Metropolitan Opera Mouse Inst evening for the third time. The second part of the trilogy will be pre sented on (Saturday evening. The Hi st nnd third parts will bo reserved for next! season. These disjecta membra of a fourfold tragedy are received with proper gratitude. 'TIs better to have heard a part than never to have heard at all. Amazement must have sat upon the "nJnds of some unsuspecting sub scribers last night, for to them "Das Khelngold" has long been a stranger. I'ntll the present season the prologue had for many jears been given only In tlie special series of afternoon perfor mances of "Der Hlng ties Nlbelungcn." What motive compelled Its restoration to the evening list Is not known. Theto could not have been any definite de mand for It on the part of the lx holders. It has only one Intermission and It Is of tho type which Is distaste ful to most of them. However, It Is a matter for rejoicing that the music drama has been given twice In the evening, for there are many persons whose occupations will not allow them to attend the matinees. Iurtlicr more, for the prestige of the house, the; evening representations have been ad vantageous, Nothing else In the reper toiy of the season Just ending has Ivui nulte so admirably dono ns "Das Ithelu gold " Tins requirements t,f the op.-ia for a cast of high general excellence, have been met by Mr. Oattl-Ciiaazza , anil the results have been of a kind not attained even In the great Herman fes tivals. The pictorial attire of the drama Is of the mot admirable kind. Nothing cls; In the active list calls for such skilful cooperation of the mechanical and mus ical and dramatic elements or opera. The smooth movement of the machlneiy reflects credit on all those concerned in the performance. It seetns uniiecei'sary again to re count the achievements of the several artists. Nevertheless one need not re sist the temptation to thank Mr. Sem bach for Ins tlnily wrought Impersona tion of f.oflc and Mr. Hraun for his tiiiielilin; delineation nf tlln siuhlntr riant f,isull. Would there w a ll'olmi to li.e ii.nii ivniiil I'OMio.im. P.nl It is not i .is., i., l.e re.ltll.e with :i wad of llalCi iivvr one eve and a lulu that will iiot;a. of rouise. In the I I of Mi s floill, lieoiEe herself ( 1, (he imlv feuliMlie l.et us be grateful aim f t Mr. Ho- role In the whole pla anil a pal t that In.s rtaiuav Some people did not like .Mr.,'''! 'he aspiration of many act ies.es llettz' because he made such a noise! -Miss (leorge's talent- .is a loiiicilienne 1 Willi n;s orchestra. Now s,.me grumble ' because Mr lloil.inik.v does not inako the noise. And thus arises once again that strange iliffereme 'twivt tweedle dum and tweill"ihc r.ir-woll to the gods mill thr Pttle lls'i maidens for the present season. We tiust tliey have brought much llhelugohl to the treasmy. H0USMAN CUT OFF WIDOW. .Nurse Who Married Itleh Oitstcriimn iKiinrrd In Will The will was filed xesterdsy at Hlch-, ...... ..1 s!t..t..n Isl.iti.l. of Cant. Jacob I. I .1.1.. l,,m, ' "'", ' "r "'"" " j tiled ovstcnnau of lihiitnond terrace, Port Itlchinond. who ill. .1 of pneumonia ' . . . on Maid. : . a mni.tr. after lie marne.i in. onis.. ...i-s ....... . ...,e. .... old. nf l'atiiiogue I,. I . against the wishes of his family The valtio of the istale Is not given, but It Is reported that the Captain was Mirth several bun dled thousand dollars, mostly In stocks, bon.lt and mortgages. .No beiiurrl Is made to his widow and lis Capt, 1 1 1 ills' 111.. 11 Is npoited to have left no real estate she cannot legally come in for a dower share of the per sonal estate and therefore she Is cut olf without a cent. The will gives $:."ifi to Mary K. Smith. Capt. I loiisman's hou-ekei per. The residue of the estate is divided equally among hi. daughter, afrs Minnie Jones, Mrs Jones's children ai.d his son, Jacob I lloiismaii, Jr The last named is to receive the Income of his third monthly until lie Is yeats old, when he Is to get the principal. WANT $1,300,000 ESTATE. Illsinlierlleil Kin nt l.niuhrrt Hiij. dnin trt Will Contest. Litigation over the Jir.no (ion c.sta(e lt.II bv l.niul.cM S11.1 daiii. real estate speculator, who dlftl .l.muaiv IS last, de veloped lesjerilnv, tv'ien two nephews and four gratidnieers sued to break the nil The two nephew , lla"i at ml Iteha.d I. Sin dam, allege that the wi I was executed as the result of undue influ ence practised bv another nephew, Lam bert Kuyilain. Jr. The other contcwUnts ale Csther All.e llertine. Aiuallr Jl. Q. Mllhollarid. Adrlana S. ( Achti nnd Nathalie W l. Adams of :l Hast Ninety, fourth street Mi Su.i il.unV 11. II 'left ?:nn firin in Lambert Suiiitm. li jind iiIsu jjave bun one-third of Hot rcMUuar.v r.-talc. be sales naming him an executor. The re maining two-thirds went to Louise S' Antln ai.d Ihnil.e I,. Moore, sisters of lint lestalot. Tne contestants of the will got nothing, but two nieces, Untie S Weaver and Annie It. Weaver, received :inii,0iio in tiust, tlie principal to go to their lsue. Charitable Institutions cot I. LOOO. HOSPITAL LEGACY CONTESTED. Vepheir of Mrs, llallnran ttneks Will llriilicnlhlnif BLilll.llllD. The will of Mis. Mary A. Ilaltoran, who gave $2fin,00n to the Sisters of Charity of St. Vincent de laui to estab lish a cancer hospital as u branch of St. Vincent's lnpltnl, Is the subject of a contest lllnl in the Surrogate's Court vesterilay by n ncphtw, William H, Hail. The contestant alleges that his aunt was not of sound nilud nnd was unduly InlliKiicrd, In addition to tlio heque.t for a cancer hospital Mrs. I Inlloi an left $:in,oon to oilier Instltutloiw, l'la and Plsirrs, Virginia l-'nv llrnoks li.is rsluriie,i 1,1 ihs 1,1st i.r "rlll llre.lt l.nll"! jit in,. ,nli; IIITe Tlllsltle. Till' I'lll nf the Alllr.l Ins nf ),r Theatre for Hie l.i in-lit nf tin Acini, p.m,) Will he helil at the Hotel .V.lnr The Molly Slaters iiml linrnthy V iimr will nppt'tir III a selii s fir ilanee. hi hi' I'rnfe.Minn il IViiliinis l.e,.Ktie lirrirtll fm the Acinssea linn rgeney Fund t tlie 1 1 . t -1 lllltllinrt' nil A il II VI Kl.m .V Ih. ..1. mr Inn it iirrniige.1 nni. 1 1 lllt.erl rnnlnel, alltllnr nf "Tilt sV.llfil Valley" and ether it. .tel.. n.r s cniitf'.l of Aintllcaii life fnr lllsis IVrRinnn, w'hUii . l be llnlsliril hy .lulv I Vlarv lii'kfntil rrnt elireh fnr t; mm .ifAterda) tn the inotlini iiieiiire rsinpitira fund fnr the Actors I'mnl of Ainejlia, T9i money wa r.rcliril by her fur Inr b. nearmice ul the lllnnodruioa Ihrl iViiki... nlfht. GRACE GEORGE IN A SHAW REVIVAL "Captain Brassboiind's Con version'' Last One at tlic Playhouse. COMPANY ADMIRABLE ONE "4'aptaln ltrabiirur Conversion" At the lis) house. t.csll llHfiJdn lleibert Uruce Felix Drlnkwster l.nwla KilMsrd llufmaii Ilexford Kendrlck !ady Cicely .(trace George fir Howard IIhIIhiii. . , , Krneat Lawford .Mnrzln Uiinlhcr McClltitlc Captnln llMKshoiind . ..Ttobert Warwick Cadi el Kin tall Clarence Derwent Cnptsln Hamlin Kearny. John Cromoell 1 1 race tlrorge again put New York theatregoers under obligations to her when she levivcd at tho Playhouse last night llcrnard Shaw's amusing comedy of adventure "dipt. Ilrasshound's Con version." Miss (leorge's repertoire season Is a delightful memory now. uh thero arc to lm no more revivals at 4ho Playhouse this year, although the samo artistic plan will hu followed next winter. Of eoursu "Capt. Itrassbound'H Con version" Is not new here. Kllcn Terry played It tlrst at the lmplto Theatre lis long ago as January 'JS, 1007. Sho was altogether unfitted at that time to net f.mj Cecil WnimU !r. although at an eatller period the part might have been written for her. Uertrnde King ston acted the play several times Inst winter at the Neighborhood Theatre. So .Miss (Jeorge was the third to Incarnate the heroine before the New York public. I In the Mtnmlnrd, And by no me ins could sho have been considered to halo disappointed last ele. lung. Thcatri goers who have been ac customed to Ko to the liajhoUM! on the occasion of each new production since tho house was devoted to a repertory have always learned to expect p"ifonii ances of tin' utmost meilt "Captain ttrnsshoiiud'M Conversion" was no e rejitlnn All of the resoiitces which Miss tieotge has brought to bear on In r previous lia house piodtn tiot.s were show n again. Sitae most nf the plavs of Ueorge llein.ird Minvv lack any par ticular natural aition of tlnir own to entry them over the footlights, mi to smii1,, and depend .iillt.'l) on tlje.. brilliant and wilts dialogue, act": and w tresses u, emploved. 1 i 1 standard inilsi u had Ih-,.i Well seen to the leading tiile. tn.it of I.HII.V ( i.elv. were exnioueu 10 ttieir nim-si in 11 nisi evening Then for the title tole. with .1 foresight whi' h is sometimes i.tre even among theatre 111.11 a, r- oral d rei'tois, Hubert Warwick Ii id been el .sen si tal arrangeui.'tr with the poieis that be In the land of motion natures, it was announced, hud mad'' It p'S tile fa, Mr. Warwick to again appear on the speaking since for tlie tlrst tmi" s..n t the l-'iohuian-Helasi o all star perfoiiu- iitue of "A Celebrated t'ase" at the Cm Aaeil.plre nearlv a ear 11 go. Mr vVarw ick's work before the cauieia had undoubtedly llttnl I1I111 better far the part than some other kind of sue, work might h ive. I'os.f'scd naturally I,r a Ilinirc of well nli.ii peifeet piysi-al proportions and being grt.-d with ,1 1 commanding stage pre.. i,.v .1 d n mag- ' "'th' personapt.i lie wa.- .1 111 t u.py choice for the nart of ('011(0111 .'co.v- ,.m,.r, , , , , Mimi.shwotuau acting .. the Shaw prin elple that "reall bad 1111 11 are as rare I as really good men ,civl lldKHrd xppcnrfc 'loo. M , v r .,, .irn j, H., ,ir 1 l.tbly In curving off honors vv , b wen . s , only to those of Miss tieorge ami Which Wete Well III keeping with the gell- I er.il excellence ot tlie pl'oillli ' loll as a Whole Tie tlt'lll role ttlcle lie olll three which aie u mi. 11 ill nf inv gnat lniiortatice In tin present pice of Mr Shaw's was ei.tiiisteil to v, s LM. gard. as .i, iH'tnk it nt r Mr. IMgar.l it. II be 1. nc 11 ceil for his appiaianic with II0II110..K Hi. 1 1 Ins enterprise of rc'rtory plas ,,t 1 liincess Tlieatie two seasons na k T 1 part a most difficult 01. ,. .ml I tcks, to portray a lilt Co. kn. ornug .t up among the "h'Xillgans." who 'tier fa" in with a hand of utthro.tts and puatis infesting the land and adj.oe t w.tdrs of M.iioc 'il It is in this locale I i.it (he piny Is laid Mr lalzard piou-d fullv equal to the slltiation al.'l g.ne a thoi ouglily woilitn inlike perfoi 111. in, nf 111 character part Th" role of Sir oil on Htt'Uui fel, to Krnest l.iwforil. who h... cretlitabl.v anil artlstl'allv suptsirtod .Ml"s Ceoige In her other leiivaW At long others who a 'f(i contributed then shiite to tlie elljo.vable evt'lllli .l.. I'laieice I let' Wi n1 John ('roninell, tiiillit.e M aipitle, ieoig" Ixen-. Mjlcollll Mmeli, William llilfoiir. p. hard liail.e and IP xforil Keiidri I. So Mi-h Cenrge bega.-i the entl of tier teperto't season a( (in. I'iaitioii-e lull.v a", auspiciously as she ,1,1.1 began t and that class of thentiegoei win Ii pat ionizes (lie pla.v for its own soke and enjois th" scintillating dialogue of Mr Shaw will toutillile to g.i .tmi sir M. I Jeo ge and hei coill.'.tlii 11 then plesei (clival until lilt' -t.unn ' I t-e- loin weel hence WANT NEW SCHOOL SYSTEM. I'n r lit Vim. lelnlr I Illens lleitiesl the t'Ki'uniile" I I it 11 . Montci air, N .1. Mar. Ii ;'t I'orij residents of tlie north end of this t .wn have petitioned the Hnird of Kdncation to adopt the organic si -lein of educa tlmi at the Moiitclaii' Heights school The ni ganlc sjetem prnposed 11. etfi et leaves the chili, to follow ,1 natural Ik.ih SOW NOW! SOW NOW! VAUGHAN'S Centra! Park Lawn Grass Seed fifrmiiutiiiR as msii .is tin- r,ri'N'i. soticnx, it K carried by tho tiicltinv sum into the I'arth anil sprnuts (iinUs , . tablii-liliiK a tnrt against tin- I a at ot early suniiiior. Stnv now 'aiinli.'iirs 'Ti'titcil ',.rl." atiil"Cn!tiinliian" (for sh,ut. . originate! I) in, have Kt'it Milil on tlwir tnints foi 111010 than thirlv ictrsin uul ,iluit mi Yotk. 'Ilic art' Hu- best iiermanciil mUMirrs; niakint! close, vclitiy lurf; no foul sceds: no weeds; sure hi urinv. I'flCes 25 lbs., $6.45i 15 Ibi.. $3.95: 5 Ibi., $1.35; prr lb., 30c. . Orilci-' , ; t m . ul over prcpa J .ugnan-suauiogue ,,,'.,!:,, Lrpq 'I.IIIIMMM, lll.ls.llltll.il" IIOB IllWIlt f. Barclay cor. Church St. avaaaat vB aa m -v.aa m am A Will is no place for compliments Onis of the highest compliments you can pay to a friend is to make him one of your executors. But it is a good thing to remember that the pur pose of a will is to distribute your effects, and not compliments. A score and one contingencies may render an individual executor incompetent, but none of these contingencies can interfere with the fulfilment of your wishes if the Astor Trust Company is placed in charge. Make the Astor Trust Company your executor and you may rest assured that the distribution of your estate will be handled with the utmost intelligence, fidelity, and wisdom. itsior (Urns! (EompamJ Trustee for Personal Trusts FIFTH AVENUE AND 36TH STREET A NEW BOOK SHOP j I And an t'nusual one, r i o t ? j n j at 38th Street ami Fifth Avenue j j on Mondav, April 3rd. i I f URGES MERCHANT MARINE. nilersiio. House Committee llenil, Tells llinirler of ,ccil. Joshua W Anderson, ch.ili man of the House 1 'oniniUlee on Merchant Marine and Fisheries stroi,cv umed the pas. sace of the do.li stratum s sc.tmer s Ie 1 and the establl htiici t of 11 'lien hant marine n an mhlic.s a' Un .Ma". 1 llllllln'OII of tile Alllelit I 1 M ,t 1, uf.lt t I- mi' ' .' ' yWimms m No Hands But Yours Should Touch the Bread You Eat You have positive assurance that no hands but yours ever touch your bread when you buy T WARDS BREAD From flour to finished loaf, it is made without the touch of human hands. Each process of mixing, moulding, dividing and shaping the loaves is done by wonderful machines. An automatic system of conveyors carries the bread from the huge ovens to the wrapping department, where marvelous machines wrap it again untouched by human hands. Your hands unwrap WARD'S TIP-TOP BREAD and are the first to touch it. Bat-It of all this clean liness is a standard of purity and quality which guarantees you the highest grade loaf of bread ever made or offered for sale. Our bakeries are open to public inspection every day from 2 to 4 P. M. except Saturday and Sunday, with guides in attendance to show you every depart ment. Come and tee for yourseH how WARD'S TIP TOP BREAD is made see tha materials from which it is made and you will learn whv it is pure and clean and why it is worth tihilr to ask lor it by name, UilidnJrdrdr-JrJndnJrjql will he opened hy j j I. ; r ri n t lets export Ass.fi.itlnn, at tlie Hotel HlltltllUe . 1. 1 . "Hieie wl'l be as Iniper.itiie ned for naval auxiliaries ,n fin battleships. he s.ipl "and I have 'alHi III bellevo tha' our Aini rl. .111 -Iiim.ihIi stand ready to enlarge t' 11 f .1 1 1 it it si , llleet Cut elllctgt'ti build'iig bill I l lasses of ve.-.'W W . Ills llr- vi e pif-lileut of the a aiilat on pre,'l'd M .re than ill ee bund't l t xpol t at ti ded tlw llltlcheoi 1 u. s 1 1 li Your viiit vtill make you proud of thri,c pmr food in stitutions of C.ie.itri' N eiv York, which arr inn iv.illnl foe cleanliness auyivliere in the world. Our Bion Uak. rry is Incited nt .'loutlirrii Uoulr.ard and l'.int 1 1 3rd St., Bronklvn ttnkny at 802 Pacific St. near Van derhilt Ave. nnd Newark ISakrry .it 'tth Ave. and 14th St., Nen.uk, near Am. on e M.ition, II nil El