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NEW HAVEN MORNING JOURNAL AND CpURIER. ) THURSDAY JANUARY 25; 1908.
7 y IN AND ABOUT THE COURTS VARIOUS IMPORTANT DECISIONS HANDED DOWN YESTERDAY. Circuit Court Affirms Appeal In Ander-on-Garvey Cose City Claims $13, 000 for Bad Pavement 95,000 Action Aainst Car Company Mrs. . E. I Morris Appeal Cases for Divorce Court Confiscated Brandy Sold De cisions by Judge Ullman City Court The United States circuit court of ap peals haa just affirmed the finding of the United States district court for Brooklyn in the -case of Mxft. Emma Anderson, widow of Charles Ji Ander son of 146 View streets and John Gar vey, against the Excelsior Coal com pany of Brooklyn. Three years ago Charles E. Anderson and Mr. Garvey were employed unloading a coaling scow at Belle dock when a bulkhead gave way. Anderson was killed and Garvey was seriously hurt. . Suits were instituted in toe superior court by Attorneys E. H. Rogers and his associated. Judge Jacob B. Ullman, In behalf of the widow and the .other employe, In which $5,000 damages was prayed for in each case, negligence being alleged. Attorney Park of New York for the company sued out a writ of injunction in the United States court in Brooklyn, and the hearings were held In Brooklyn a year ago, before tiie United States court, when judgment was given in favor of the plaintiffs for $5,000. The coal company then appeal ed to the United States court of ap peals, and the affirmation by that court Is the latest phase In the proceding. BEFORE THE SUPERIOR COURT. The appeal case of the city of New Haven against the Eastern Paving Brick company and the Fidelity and Casualty company was argued In the superior court yesterday. The city wants to recover $12,000 on defective East Chapel street pavement. WANTS $5,000 FOR BEING STRUCK BY CAR, Judge Thayer and the jury In the civil side of the superior court were engaged on the suit of Mrs. Carmela -Pucello of Derby against Charles M. Cole, head of the Cole's Electric Ex press company, which operates an ex press line on the Consolidated and Con necticut Railway and Lighting com pany's lines. Mrs. Pucello was struck by one of the express cars of the company last summer at Derby and was seriously hurt. She claims $5,000 In damages. Attorneys' Fitzgerald & Wash appear for the plaintiff and Paige, Banks & Hincks for Mr. Cole. MRS. MORRIS APPEALS AGAINST TAXES. The case of Mrs. Eugenia L. Morris, wife of the late Governor Morris, against the city of New Haven, was argued on a reservation In the superior court yesterday. The action is based upon an appeal from the action of the board of relief to erase a 10 per cent- addition to the assessed value or tne applicant's property made by the board ot assessors in 1902, the applicant hav ing failed to file her list as required by law. COURT ASKED TO VACATE VER DICTS. Judge Thayer Opened the civil side of the superior court at 9:30 o'clock yes terday morning to give an opportunity for the lawyers interested to argue mo tions to set aside the verdicts in the suits of John Semon against Mrs. Wil liam J. Adams and Daniel Gorry vs. Charles A. Wurr, a special policeman. In the first named case Attorney Ben. jamin Slade sought to have the jury's verdict awarding Semon damages of $639 vacated. Semon is trustee of the ibankrupt estate of W. J. Adams, who kept a luncbroom on Chapel street. He charged tfi&t Adams had conveyed about $1,000 worth of property to his wife, with intent to defraud his credit ors. Mrs. Adams claimed the property and refused to give up. A civil action was brought with the result stated. The court reserved decision on the mo tion. Daniel Gorry sued Special Officer Wurr for $800, alleging assault and bat tery. Gorry, who is fourteen years old, charged that the officer had pushed him from a float at the City Point Yacht club. The jury returned a verdict In favor of Wurr a few days ago, and Judge Tyner denied the motion to set the verdict aside. APPEAL IN THE MORSE-WOODRUFF CASE. Judge Tyner, as the counsel for Georgo Woodruff, yesterday filed in the superior court a, notice of appeal in the case of Attorney Nehemiah Candee and Caleb Morse against George W. Woodruff. This was a suit for slander In thes superior court, a jury there ren dering a verdict of $500 in favor of the plaintiff. DIVORCE PROCEEDINGS. Alvln L. gammons, a contractor and builder, who is being sued by his wife, Mrs. Emily Sammons, for a divorce, wants to know just what it is that his wife has against him on which she bases her charge of infidelity. Mr. Sammons, through Attorneys Al corn and Smith, has filed a' motion in the superior court, that Mrs. Sammons be compelled to disclose in a specific statement, all the wrongs of which she will allege her husband is guilty. The Sammons are well known in this city. THEY WERE MARRIED IN ENG LAND. Mrs. Isabella Wanless has brought suit for divorce against her husband. John "Wanless, alleging desertion for a period of more than three years. The suit is brought through Attorney Carl A. Mears and Is returnable to the su- perior court In February. It is alleged that Mr. and Mrs- Wan less were married In England on Octo ber 13, 1880, coming to this country shortly afterward. Up to a few years ago Wanless was employed at the Mon arch laundry as engineer, but suddenly left town and is now in Manitoba.Cana da. Notice by registered letter was sent him of the divorce proceedings- FRUIT BRANDY DISPOSED OF. Up in the United States marshal's of fice In the federal building -yesterday there was an auction sale of fruit bran dies seized several weeks ago at the dls- tillery In Congress avenue. The room was filled with liquor dealers and oth ers interested in purchasing. There was about 1,050 gallons of the spirits to be sold, which is stored In warehouses. It was stated that all the goods were above proof. Collector Kinney,' of Hart ford, was on hand and was in charge of the sales. BREWING COMPANY WINS. Judge Ullman, of the common pleas court, yesterday afternoon gave judg ment by default in favor of the plain tiff in the suit of the Weldemann Brew ing company against J. F. Callahan. The suit was upon a note for $670, this having been given in payment for goods furnished. The defendant at the time the note was made had conducted saloons in Ashmun street and Dlxwell avenue. The defendant did not appear in court when the case was called. DECIDED IN DEFENDANT'S FAVOR Judge Ullman, of the common pleas court, has rendered a decision in favor of the defendant in the suit of Herbert O. Page against Edmund M. Fields, of Branford, this being an action to recov er $190 alleged to have been loaned two years ago. Judgment was also rendered in favor of the defendant in the suit, of Robert Kannegeisser against Bronson & Piatt. Suit was for $60, a balance on a paint ing contract. JUDGE ULLMAN RESTRAINS SALE Attorney Carl A. Mears yesterday se cured an injunction from Judge Jacob B. Ullman, of the common pleas court, restraining Isaak Kellar, of Brooklyn, and Deputy Sheriff Richard Kirck from carrying on the sale of the stock of Mrs- Mollie Dann, alias Mary Dam, at her store, 5S1 Grand avenue; which was scheduled to take place to-day. Judge Ullman ordered a hearing on the Injunction on the first Tuesday of February. CITY COURT ITEMS. Michael Mullen is going to forget his lady love, Catherine Reynold, a domes tic employed by Oscar Dykeman at 455 George street. The case was tried in the city court and Mullen was bound over to the superior court to keep the peace under $300 bonds. Charles Smith, who is alleged to be a lemon-squeeze artist, will be tried to-day for relieving Carl Hernnanson of $105. Lewis J. Land, charged with dealing in junk without a license was fined $20 and costs on a plea of guilty. The charges of arson against Joseph and Thomas Corey, of 196 State street, were continued until next Saturday for trial. Mary Wilson, daughter of WWiam Brennan, of Webster street, was charg ed with breach of the peace by her father. Her mental condition was ques tioned, and she will be examined and brought before the city court this morn ing. E. Troxler, of Foots street, charged with non-support, will be tried on Sat urday. James J. O'Meara, charged with Idle ness, will be tried Saturday. SARSFIELD GUARD RECEPTION. Held Full Sway In Armory Last Night. Last evening in the Second Regiment armory the long anticipated reception of the Sarsfteld Guard held full sway. In the enchanting decorations of rose, pink, apple green and whtlo, the same gorgeous electrical designs, the wood land effects produced by delicate fern ery and masses of darker green, as made the Junior promenade adornment memorable, the armory was the scene of tally attired young people assembled for an informal good time. i The Second Regiment band, under the direction of Frank Flchtl, played a con cert programme between 8:30 and 9 o'clock, aftet which dancing followed until 1 o'clock, the programme contain. Ing twenty-two dances. The committee in oharge of the re ception were as follows: Captain W. B: Spencer, Lieutenant J. A. Haggerty, Lieutenant G- S. Manning, Sergeant J. P. McMahon, Corporal E. J. Cullon, and Privates P. W. Falsey. F. P. Mad den, J. J. Malone, R, M. Tracy, and P. P. Turbery. JACK LONDON HERE. Famous Novelist Speaks at Woolsey Hall To-Morrow Evening. Jack London, who has roused world wide comment as a brilliant exemplifi cation of realism in his novels, "The Sea Wolf" and "The Call of the Wild," will speak at Woolsey hall to-morrow evening at 8 o'clock. Tickets may be obtained at the door. In his "People of the Abyss" Jack London gives a striking study of social conditions in London. It is worthy of the most distinguished authority on sociology- It is frequently referred to In remarks on Bocial conditions In classes in Yale. His lecture will deal with so cial problems. Aside from his virility in fiction, Mr. London creates the keenest interest be cause of his striking personality. A young man, he has experienced more of the world than any other literary man. It is to the credit of the Yale union, under whose auspices the lecture is held, that It has brought here a figure who looms up so large on the literary horizon. PROMINENT NEW HAVEN MEN. Bristol Manufacturing Company's An nual Meeting. The annual meeting of the stockhold ers of the Bristol Manufacturing com pany, Bristol, was held on Tuesday afternoon at the company's office on Riverside avenue. The following board of directors was elested: Frank G. Hayward, Pierce N. Welch and Henry F. English, of New Haven; Julian R. Holley, Judge Roger S. Newell, Arthur D. Hawlcy and Charles Terry Tread way. At a subsequent meeting of the direc tors the following officers were chosen: President Frank G. Hayward. Vice-president Pierce N. Welch. Secretary and treasurer Arthur D. Hawley. DANCE AT REPUBLICAN HALL. Given by Queen of Elms Branch. The Queen of Elms, New England Older of Protection, held a dance at Republican hall last night. A large number were present and a very en joyable time was passed. LATEST FAIR HAVEN NEWS MISS SNOW OF PRATT INSTITUTE TO SPEAK AT PARENTS' ANNUAL, Teachers Are Planning; for Meeting Early In February Week of Prayer Continues at Congregational Church H. L. Hemingway Recovered Co lumbia Castle, K G. E., Meets Per sonals and other Items. Principal Graves and thft teachers of Strong school are arranging for the third parents' annual, to bo held in Grannis hall early In February. Mr. Graves has been fortunate enough to secure as speaker on this occasion Miss Mary Snow of Pratt institute, New York city. Miss Snow was for merly superintendent of schools of Bangor, Maine, and is a speaker of un usual power. Those who are able to be present and listen to her address will have a rich literary treat. A wire broke in Grand avenue at the corner of East Pearl street Tuesday afternoon at 3:30, and for half an hour all east bound cars had to stop and run back to the center of the city. It waa necessary to secure the services of the repair gang to fix the break. A maximum temperature ot sixty de grees Tuesday astonished almost ev erybody In this section. This Is almost record temperature. On Grand avenue the street gang were scraping mud from the roadway and carting it away the same as in springtime. Cooler weather is predicted for to-day afcd It will be meat welcome. Four days of damp and rainy weather has been greatly disliked. Another evangelical meeting opening tho third week of these services, was held last evening at the East Pearl Street church. The subject was Sun day school work. This evening, Mr. Moore, the evangelical singer, who eang with so much aceeptanco during the week of prayer services at the Grand Avenue Congregational church, will sing several solos, and there will be special singing to-morrow and Friday evenings. No new cases of diphtheria hava been reported In the Strong , district this week, and the disease seems to be gradually disappearing. Principal Sherman I. Graves is ar ranging to have the Lincoln day and Washington blrthtday celebration take place jointly on February 21. There will be an interesting programme of exercises by the pupils of grade 7 In Grannis hall. The ladies of Pilgrim church gave their annual supper Tuesday evening. The membership of the Quinnipiac Hook and Ladder company will attend this supper on the Invitation of Chief E. M, Allen. The men will meet at the engine hall and march to the church In uni form. Harry F. Hemingway of Quinnipiac avenue is able to Jje out after two weeks' illness. A. L- Chamberlain, Chester Baldwin and Mr. and Mrs. F. M. Brown attend ed the auto show In New York. Columbia castle, K. G. E., met Tues day evening at A- O. U. W- hall, 25 East Grand avenue. The newly Installed of ficers were in charge for the first time. It was the regular meeting, and rou tine business was transacted. Officers will be Installed Friday even. Ing at a meeting of Columbia temple, Ladles of the Golden Eagle. The annual meeting of Home council No. 1, Brotherhood of Relief, was held last evening at the store of Francis Brothers, 87 Grand avenue. Officers were elected as follows: President John B. Hubbell. Vice-president A. D. Crane. Secretary and treasurer E. R. Slater. The annual meeting of Council No. 2 was also held and these officers were elected: President Charles O. Francis. Vice-president A. D. Crane. Secretary and treasurer E. R. Slater. All the abov officers have served these societies efficiently for the past eleven years. Live Oak Council Slok Benefit will meet this evening at 7:80 in annual ses sion, A Jepson programme, in honor of the .well-known music instructor, will be given in Granniss' hall to-morrow aft ernoon at 2 o'clock, and will Include singing by a chorus of 600 voices, led by Professor Jepson. A surprise visit upon Professor Wil liam J. Rohan, who has recently retired as musical director of St. Francis' church, was made upon him at his home in Grand avenue Tuesday evening by about twenty members of the choir. They brought as a gift for the professor a Morris chair. The affair was greatly enjoyed by all. Mr. and Mrs. Carl Brandt, of Lom bard street, will celebrate the twenty fifth anniversary of their marriage at Polar Star hall next Monday evening. At the missionary meeting held In Calvary Baptist church yesterday aft ernoon Rev. Charles G. Smith, of the Grand Avenue Baptist church, gave an address on the topic "Can the Men and Boys be Enlisted? What Is There is Missions That Will Especially Appeal to Them?" Mrs. Steele, of Westvllle, county su perintendent of scientific instruction in the schools in the W. C. T. U., and Mrs. Sarah Ives, superintendent In the Fair Haven W. C. T. U., visited several of the local schools Tuesday. Ernest Gerken, who formerly con ducted the Westvllle house In West vllle, haa leased Scanlon's Grove at Morris Cove for a term of five years, with the privilege of purchasing the place. He will conduct tho place as a summer resort. Frederick J. Morton, of 47 Lombard street, has severed his connection with the National Folding Box and Paper company and has secured a position with the National Steel corporation. He has been with the former company eight years. WALLINGFORD FROG. They Are This Early Making Noise. Walllngford, Jan. 24. More evidences of an early spring came in yesterday morning by telephone from toe East Farms. The reports from that section of the town were to the effect that the "Peep ers" so abundantly heard at or Just before the opening of spring were heard Tuesday afternoon and evening in large numbers over there OXJITrMifF NOTES. Death of Mrs. Sophia Walter Watklna In the Weitt Indies. Mrs. Sophia Gillerider Walter, widow of the late J. S. Walker Watkins of An. tlgua, West Indies, ated November 20to last at her home ijn Antigua, In her eighty-first year. Sie was formerly of West Haven and Efamden. BURIAL OF MRS. O'CONNOR. The funeral of Mips Mary T. O'Con nor took place yesterday morning at her late home, 391 Grand avenue, and later at St. Francis church, where a re quiem high mass wa;s celebrated by the Rev. Father Kennedy, pastor of the church. j The pallbearers were Dr. E- J. Mc Cabe, Dr. Stephen J. Maher, William T, Keegan, Joseph Preston, William N. Geary and John J. Corbett. The inter ment took place In Calvary cemetery. New York. GEORGE SANFORD . WOODCOCK, FORMERLY OF BRANFORD. George Sanford Woodcock, who was born In Leicester, Mass., November 1, 1834, died at Worcester, Mass., January 20, 1906. He . married Mary Ann Lee, and they had two sons, Frank, who died in childhood, and William S., who lived to the age of twenty-one years. He lived in Branford many years. By trade Mr. Woodcock was an iron mold er, and was the foreman of the foundry of the Arcade Malleable Iron company of Worcester, Mass., for many years, and until his condition of health com pelled him to change his occupation. He engaged in the grocery business in Worcester for a short time, and in 1890 removed to Branford, Conn. Both he and Mrs. Woodcock were earnest Workers in the Coral street Methodist church of Worcester, until they removed to Branford, where they Joined the First Congregational church. Mr. Woodcock was a member of the Home club. The club In kind remem brance sent beautiful flowers to his casket in testimony of the esteem In which he was held. Funeral services 'were held in Wor cester on Tuesday and the' Interment was. In the family plot in Hope ceme tery. Rev. Mr. Wilcox officiated. MRS. FRANK BROOKER OF SHORT BEACH. Funeral services were held Tuesday over the remains ot Mrs. Frank Brook er at her home at Short Beach. Rev. D. J- Clark conducted the services. Mrs. Bvooker died Sunday after an illness lasting over two years. She was the daughter of Watson Stone of Short Beach, and was well known In Bran ford. MRS. AMELIA OPPENHEIMER. The funeral of Mrs. Amelia Oppen heimer, whose body has been brought here from San Antonio, Texas, where she died, will be held this afternoon at 2 o'clock from the home ot Isaac Ros. enberg, 736 Orange Btreet. The Rev. Mr. Levy will officiate, and the inter ment will be in tho Westvllle cemetery. Isaac Rosenberg, Lewis Osterwels.Sam uel Cohn, Max Osterweis, Louis Ull man and Fred M. Adler will act as pallbearers. Mrs. Oppenhelmer was the widow of Joseph Oppenhelmer, who at one time was in business here with Mr. Oster weis, a.nd she: leaves many relatives and friends in this city. SISTER MARY AQUIN DEAD. Sister Mary Aqun died at St- Fran vis' orphan asylum at 2:30 o'clock Tues day afternoon after a month's illness from pneumonia and pleurisy. The deceased was the daughter of Mr. and Mrs. Michael Turbert of 11 Linden street, this city. She had been connec ted with the Catholic asylum at Hart, ford before she came to New Haven, and. had been at St, Francis' about three years, where she was very much beloved. She. leaves besides her par ents, a sister, Mrs. Patrick McCarthy of Bridgeport and four brothers, Thomas, Frank, Michael and John Turbcrt of this city. The funeral will take place this morn ing. Services will be held at the or phan asylum at 9 a. m., where a sol emn high requiem mass will be cele brated. The interment will be In the plot of the Sisters of Mercy In St- Ber nard's cemetery. ' , ALFRED C. STEVENS. In the death of Alfred C. Stevens, which occurred at his home, 106 Edge wood avenue, the town loses a valuable and esteemed citizen. Mr. Stevens was a master painter and conducted a con siderable business at his home. He had been Bick with pneumonia since Christ mas. He was seventy-two years old and Is survived by a wife and two daughters. Funeral services will be held on Thursday afternoon at 3 o'clock. WM. C. SCHENCK'S FUNERAL. The funeral of William C. Schenck of Branford was delayed till 4 o'clock Tuesday afternoon by Coroner Mix. About that time Sheriff Bradley was notified to release all men arrested in the case, and let the funeral services proceed. The funeral was very largely attend ed. Rev. T. S- Devitt conducted the service, and the pallbearers were Frank P. McKeon, Seymour LInsley, John Mc Care, and Patrick McCarthy. Beauti ful floral pieces were sent by the asso ciates of the deceased in the foundry of the M. I. F., and by the M. P. Rice Hose company, of which he was a member- Burial was in Center ceme tery, and the M- P. Rice Hose company escorted the remains to the grave. MRS. LAURA C. EIGELOW. The funeral of Mrs. Laura C. Blge low, wife of Edwin J. Ailing, who pass ed away on Tuesday morning, January 16, was very largely attended at her late home at Red City, Oxford, and at St. Peter's church on Thursday after noon of last week, Rev. W. A. Wood ford officiating. The floral offerings from her husband and her sons were beautiful, consisting of white roses, lil ies and other flowers. The'pallbearers were her five sons, Wilbur J. of Nor wich, Noyes E. of Bridgeport, Clarence of Stamford, Arthur E. of New Haven, Frank B. of Merlden, and her grand-son-in-law, Ernest Jaycox ot . Bridge port. The elegant casket was enclosed in a solid steel vault weighing near 600 pounds, which was hermetically sealed. By the death of Mrs. Ailing a sense of gloom Is cast over the entire town, where she had been on of the most be. loved and respected residents for near ly one-half a century. .The primary cause of her deatb is supposed to have come from an injury to her head and shoulders by being thrown from her carriage a little over two years ago, since which time she has .been gradual ly failing in health. It was but little more than one years ago when Mr. and Mrs. Ailing celebrated the fiftieth an niversary of their marriage. At that time it was a subject of universal com ment that Mrs. Ailing appeared as young as any of the large company there. FUNERAL OF EDWARD S. BREI TENSTEIN. The funeral of Edward S. Brelten stein will be held from his late home, 46 Greenwood street, this afternoon at 2:30. Rev. Mr. Ottman, of the German Lutheran church, will officiate and the interment will be in the family plot In Evergreen cemetery. ITALIAN MURDER CASE. TREMONTANO'S TRIAL NOW IN PROGRESS IN SUPERIOR COURT. Witnesses for the Prosecution Tell Their Story Judge Orders Inter preter to Veil Testimony Court Did Not Like Manner In Which Pistol was Bandied by Attorney. Judge Silas A. Robinson of the crim inal superior court yesterday requested the interpreter, George Nicolari, to veil in chaste language the unprintable tes timony adduced in the examination of the witnesses in the second day of the trial of Francesco Tramontano, the barber, for the murder of Salvatore Carbone, the brickmaker, of Grand avenue. State Attorney Williams ana Attorney Goodhart, the latter for the defense, agreed to this. Tho first witness yesterday was An toinette Carbone, a' sister of Miss Ro slnl Carbone, and a daughter of the victim of the tragedy, she relating first, with the aid of the official interpreter, and then unassisted, the circumstances which Inspired the murder. She and her sister were standing on the porch of the Carbone domicile, 608 Grand avenue, at dusk on Sunday even ing, October 15, when Tramontano grossly Insulted her sister and the lat ter went up stairs weeping. Miss Carbone said Tremontano and four companions stood on the corner and cast unprintable aspersions upon her beauty. She went Into the house and told her father, who resented Tra montane's conduct. The witness said her father and her brother, Anyela Carbone, left the house a half hour afterward. The brother went to her aunt's store In Hamilton street, and the father to Wal lace street. 'Mrs. Roslnl Volpe Caposso testified that she and the two Carbone girls were on the steps of the Carbone res idence. Tramontano, said the witness, saw Roslnl Carbone and said: "You are homlier than death." "To whom are you talking?" Roslnl Carbone asked. "I am talking to you," he said. A woman named Charabarba, pass ing, seized hold of the young man and remonstrated with him. "Go on your way," said the Chara barba woman, "it is not right to use these words." The defendant then went up to Roslnl and spat In her face. "Roslnl commencod to cry," said the witness. We all went up stairs. Roninl and Antoinette went Into their rooms and I went up stairs " Rosinl Capossa and Phllomena Ca possa corroborated the young woman, who was insulted. All of the foregoing reside in the building at 608 Grand avenue. Miss Geneveve Muro, of 199 Wallace street, wearing a beautiful garment ot Tyrlan purple, was the next witness, saying she hnd seen the defendant at the corner of Wallace street and Grand avenue; that she heard him scrapping with the young woman, and that shelaIt th m c n Inn .,n, htm .lf 1 . UahIhI On ..tr.n a' I also saw him spit in Roslnl Carbone's face. Witness was on her way to the corner fruit store. Witness said that tho prisoner had jsaild: "I would like to see your fa ther and brother come down." "Is this the stiff hat the prisoner had on?" asked State Attorney Williams, exhibiting a derby. 'It is," was the reply. Witness first saw the prisoner about 6 o'clock. She saw him ten minutes later going round the corner with a handkerc!ef around his neck. The wit ness could not identify the handker chief produced. Witness said she saw the defendant with several other young men In front of her house talking. She heard Frank Tramontano say that he was going to sot someone a five. A Carload FIRST-GLASS EGGS FOR SETTING We offer 22 Buff Wyandotte Hens for $25. All fine layers. Poultry Supplies at THE PRANK 350 and 352 Joseph Cressl said that the brother of Rosinl Carbone met Tramontano and asked him why he had insulted his sister. The latter said he would insult him, too, and he did. This meeting was near the corner of. Wallace street and Grand avenue. Tramontano then walked, down Grand avenue toward State street Simultaneously witness saw tht father walking up and down In front of his house. "Frank said to the brother .to get th revolver and shoot me" said the witness. ' i , Anyela Carbone, the brother, said he was not looking for fight. Tramontano said he wasn't either. Late In the afternoon several young men testified as to their being near the scene of the tragedy when It oc. curred. But their testimony had little material bearing on the fact that the accused was the guilty) party. Angelo Carbone, a son of the victim, and Domlnico Kaspassln also gave evi dence of what they knew regarding the case, after which the court adjourned until this morning. COURT WANTED TO MAKE SURE PISTOL WAS EMPTY. When Attorney Jacob P. Goodhart, who Is defending Tramontano In the murder trial In the superior court pick led up the revolver which figures in the case Tuesday afternoon and began to handle It In a rather reckless manner. Judge Silas A. Robinson leaned over the bench and asked: "Are you sure, Mr. Goodhart, that that pistol Is unloaded?" Mr. Goodhart didn't know whether It was or not, and he gently laid it down on the table until that fact could be ascertained- Mr. 'Williams was ques tioned as to whether any cartridges were in the pistol but before he replied he looked Into the chambers. He found it was empty. Everybody breathed easier after that and the court leaned back in his comfortable chair and al lowed Mr. Goodhart to get along with his cross-examination and handle the big pistol all he desired. Dr. C. J. Bartlett, medical examiner, was on tho stand at the. time. He was called to testify as to the wound found on the body of Salvatore Carbonl, whom Tra mantano is alleged to have killed. Hhe testified that the bullet, which is of a .38-callber, entered the abdomen of thts dead man, and passed nearly through the entire body, lodging not far under the Skin In Ws back. BACK FROM SCOTLAND. Mrs. Horatio Affleck, who has been visiting relatives and friends for the past three months, returned home yes terday on the Anchor line steamship Caledonia. Mrs. Affleck reports having had a very,, pleasant sojourn In her old home. MEN'S HATS IN CHURCH. Their Care a Troublesome Question Awaiting Solution. - It Is a matter of historical record that our forefathers in the seventeenth century wore their headgear at divine service and also at dinner," but it has remained for an English newspaper to testify that in its opinion gentlemen sometlmea refrain from going to church ibecause of their hats. A dally paper has recently suggested that the very Irregular attendance of upper class males at church may de due to the respect with which they re gard their headgear and the Inade quate accommodation provided In sa cred edifices for the safe bestowal of the cherished "topper." They quote a PIcadilly hatter as say ing: "I receive more hats to block on Monday morning than on any other day of the veek, and judging from the observations I hear, I should say that the owners benefit very little by going to church. If they place their hats un der tho seats they are kicked by the occupants of the pews behind, ladles being almost as careless as mischievous boys in this respect. The if they de- . posit the hats on the seats, some one I npnhahlv fhft Awnpi hfmaolf-.la mini tn End church have a cloak-room where gentlemen can leave their hats? This suggestion has often been made. A small sum could be charged and devo ted, let us say, to the clothing of the heathen In West Africa." A West End vicar who was asked If this difficulty explained why men did not go to church gave an unsympathet ic answer. "I cannot conceive," he said, "even in these artificial and fin nicklng days, of a man who would avoid going to church out of considera tion for his hat. At regular Intervals male members of my congregation complain to me about this matter, and I invariably tell them to wear caps." A verger at a neighboring church who offfred as a remedy the sugges tion that men ehfluld wear opera hats, told the amusing story of an experi- Now Ready. Lowest Cash Prices. S PLATT CO, STATE ST. bators fTttfttrinitiiwjents. j I SHUBERT BROS., MANAGERS f H HYPERIO I ii THEATRE la January 25, 2ft, 27, oiiiuraay Aiaiinee. GEO. M. COHAN In his latest American itusical Play; Georjie Washington, Jr. Prices: Matinee 25c, 60c, 76c, $1.00 ! jNignt, z&c, ,60c, 75c, $1.00, fi.EQ Seats now on sale.', :.-... Friday, February 2 The farewell of Bernhardt. Prints: S1 1 Kn 9 49 i Seat sale Tuesday January 30. Thurs., Fri Sat, Jan. 25, 26, 27 , Matinee Saturday. Chas. B. Blaney Amusement Co. ; present P. AUG ANDERSON, In the great Temperance Play THE CURSE OF DRINK. By Chas. E, Blaney. ,,,,. BIJOU THEATRE. Srlvestcr Z. Poll Proprietor. THE STOCK COMPANY, In . . v. THE CHARITY BALL. Poll Y'm.iilfi. I ... ii T i i - - at daily matinees, 10 cents; evenings, 10, 20, 80 cents; matinees, 10, 20 cents. Seats for evening shows can be secur ed in advance. Box. office opens at 9 a. m. Tel. 3090. , POLI'S NEW THEATRE. ONE WEEK, January 22d KIOE & PREVOST 8 OTHER BIO ACTS S Poll Popular Prices. Hotels. Cafe Boulevard 67-69 Orange St. FISHER BROS Prop Meals served at all hours. ' i Open Sundays, 9 a. m. to 9 sszssa The WaLshingtoft, D. (X American, and Euranean Pfart. ABSOLUTELY FIREPROOF ; Within five minutes wafk et i the White House, Trcesury, siaic, war ana navy uepart. merits. Absolutely modem tm high class in every detalf. John CT. DtHtine. 'Prop. HOTEL GARDE Opposite Union Depot, SEW 13AV12N, COMIST Connectiout'3 Largest Hotel American Plan Strictly TramsleaBi The HOF-BRAU HAUS, haa a high claw GERMAN KITCHEN- and the following; f anions ' FOUR IMPORTED BEERS Burgrer Bran Pllsen- Blunchener Hot-Bran, Nurnbcrger Tucher BrAU, WuHbutBjer Barge lira a, Enough Said ISSN'S. 1 ' White gtcsrn-ts. THE ST. CHARLES, Most Select L cation on the Ocean Front. Atlantis City, N. J. .With an established rep"! tation for excluslvenees and high class patronage. Hot and cold Bait and fresh water In every bath. Long distance telephone In rooms. Artesian Water. Courteous service. Qoll privates. Ii l'jstrated booklet. Orchestra of Solo ta. NEV7LIN HAINES, HADDON HALL ATLANTIC CITY, N. J.. Alwavs Onen. fin nAan Courteous Attention, Homelike But Booklet and Calendar on application. GRAND ATLANTIC HOTEL, Virgin la Ave. and Beach. Atlantic City, NJ, Rooms en suite with private baths. Hot and cold sea water baths. Uellghtful sun parlors, steam heated. Excellent table. Hates $2.0apexKM10.00 wee!' 'f ly. Write for 1905 booklet. h me Y trains. A. C. MlTCHBUTjfXSv ment. "One gentleman always used tn put his bat outside the door of hts pew,'' he said; "others followed, until - the whole aisle showed a row of silk) -hats. Thie was all right till one nlg-ht ' .... ..U nnn4l..Mn .V.A wnM .V..1.U I ed and-infirm came late. He helped; himself forward by resting his Hand on! each pew. In this war he kicked every f hat into the Aisle and 'dribbled' his way, so to speak, up to his seat."- London Hatters' Gazette. In Lenox hall Monday evening fifty professional and personal friends of Dr. William J- Sh-eehan tendered the latter a complimentary dinner upon hl re turn from a six months' trip spent In Europe. K. J. Moriarity officiating as toastmaster, presented to tha dlner Daniel Colwall Dr. T. M. Cabin, Carlp. Flanders, Meirlll (J. Bands, Jamea j Quill, Tale '06; Frank Kenna, T H Smith and Dr. Francis Verdi, wbo toastted the guest of the iiight. TVllJ Ham Morgan with a quartette furnished the music of the evening. In adSlUoa IIS Of HIV UVt,VL W4l t home a loving cup, a presentation oi