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The sun. [volume] (New York [N.Y.]) 1833-1916, March 30, 1916, Image 5

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.lihlleo Sciiddcr fo DrHilc Re
.'unling Certificate of Hcn
snnablo Doubt.
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
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."
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
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.
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
"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
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
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.
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,
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
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
f One Hundred
Old English
Marble and Wood
Sii.vs That Tlujfs Wore Piled
l With Fluid Flowinjr
ns Parent Slept.
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
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,
"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
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.
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
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,
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.
.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
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. ....
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
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
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,
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...
"Captain Brassboiind's Con
version'' Last One at tlic
"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
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
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
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
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
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
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
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,
will he opened hy 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
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,

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