The Bridgeport evening farmer. [volume], October 09, 1913, Image 1

About The Bridgeport evening farmer. [volume] (Bridgeport, Conn.) 1866-1917

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"GET THE HABIT"
THE WEATHER
Read the Want Ads. in The
Farmer classified columns
there's some good opportunities
in "For Sales" and "To Rents."
Cloudq, rain tonight and to
morrow. .VOL. 49 NO. 239
BRIDGEPORT, CONN.,THURSDAY, OCTOBER 9, 1913
PRICE TWO CENT3
AtK
First
innings
-
core
1 A-
letics
5
jRuns
ii
CONTEST CASE
OF JUDGESHIP
AT HARTFORD
Frederick G. Eberle's Suit
to Oust Judge Clark Be
fore Supreme Court
SIORE MINOR JUDGES
HANG ON THE DECISION
Counsel for Governor Bald
win's Appointee Contend
Respondent Is Usurping
Office and Cite Number of
Decisions In Similar Con
tests. Hartford. Oct. 9 The contest be--twoen
Frederick Ck Eberle and Wal
ter H- Clark, for the position of Po
lice Court Judge for the city of Hart
ford, was argued In the supreme court.
this afternoon, on a-reservation of the
question by the superior court. On
the decision In this case rest several
other contests In the state over the
appointments of minor judges made
by Governor Bald-win. Noble B.
Pierce, John W. Coogan and Ed-ward
M. T"'""l are counsel for Eberle,
and Henry Stoddard of New Haven,
and William B. Heney of this ity, for
Clark. Clark Is the holdover Judge
and on July 1, Eberle. the governor's
appointee after being sworn, made
demand for the office and Clark: refus
ed to surrender and has continued to
exercise the powers and Jurisdictions
of the court. E3berle Is designated
as the relator in the proceedings.
. The question reserved is: "Is the
relator at the present time entitled to
take the office in question under the
alleged appointment of the governor
recited In the information and stipu
lation and having taken the oath of
office and attempted to perform the'
duties of office being excluded there
from by the respondent Is the relator
entitled to adjudgment that " the rer
spocdent la usurping this office?"
The torfeft fe"Fth relator, Frederick
QRfcetOeL.. extern . number , p - decis
ions ait.maJr- ' . ed appointments In btn
er sttes and Is In part as follows:
The constitutional term of said of
fice for Judges of city police courts
Is two years. The term for which
the respondent was appointed has ex
pired. In anticipation of its expira
tion the governor appointed" the re
lator to fill the. vacancy.
Judges of the city court and po
lice ccurts shall be appointed for terms
of two years, thus salth the consti
tution. Therefore, the appointment
of a Judge of a city police court, for
a.ny other term is prohibited by the
constitution.
By the amendment adopted In 1836,
Article 12, the Judges of the supreme
court of errors and of the superior
court appointed in the year 1865 and
thereafter, shell hold their offices for
the term of eight years. Probably
no such thing has ever been known
as a Judge of the superior court claim
ing to hold over because his successor
had not been appointed.
. py Article 26, It Is provided that -the
Judges of the supreme court of errors
and of the superior court shall, upon
nomination of the governor, be ap-
I pointed by -the general assembly in
such manner -as shall by law be pre
j scribed.
! Che Judges of the police court right-
!' f u'ly fall, therefore, within the pro
visions of Section 3 of Article 5 as
being Judges of inferior courts" and
they are to be appointed by the gen
j eral assembly "In such manner as
1 shall by law be prescribed."
f Assuming- that our previous conten
tion is correct and assuming that the
legislature is prohibited by the con
stitution from appointing a Judge of
& city court for any term other than
the constitutional term of two years.
Ithe question arises as to the consti
tutionality or unapier zas oi me pub
lic acts of 1907, authorizing appoint
ments by the governor to fill vacan
cies. - The constitution is silent upon the
subject of the filling of vacancies. This
matter of filling vacancies Is an im
portant one; it is certain that in the
vicissitudes of human life vacancies
will occur; oftentimes important va
cancies such as in the case at bar;
Vihe great city of Hartford cannot go
(without a police Judge, the office must
fbe filled and until the constitution
-shall speak upon this important sub
iject of appointments to fill vacancies,
rthe power to provide for those ap
pointments remains in the legisla
tuTe. The constitution is a limitation in
all cases covered by Its provisions,
leaving the power of the assembly un-
'.lmoaired in either respect. (State X
jKeel Morris vs. Bulkeley, 61 Conn.
3Sfl. Therefore, we conclude that
the legislative provision for the filling
of nrandca occurring in the offices
named in the statute by a temporary
appointment of the governor valid.
We also contend that the provision of
the city charter and the resolution ap
pointing Judge Clark, that the Judge
shall hold until his successor Is quali
fied, is not a legislative provision for
filling a vacancy but on the contrary
It is a part of the original appoint
ment: it does not permit any vacancy
It makes the term of the Judge inde
finite and results in writing onto the
constitutional term an additional term
and constitutes the creation of a new
and different term from that created
by the constitution.
We contend that the respondent is
usurping this office. The constitution
provided that his term should be for
two years. The legislature has pro
vlded that In the event of any va-
Ja aa office of this class the
governor shall appoint, and the gover
nor has appointed, the relator and the
relator has qualified; the only thing
that has prevented his performing the
duties of his office is that he has de
clined to enter into a physical strug
gle with the respondent for the pos
session of the police court room. In7
stead of that he has applied, through
this writ of quo warranto, for the de
termination of his right to the office.
Judgment should therefore be rend
ered that the respondent is usurping
the office.
The brief prepared for the respond
ent. Judge Clark, is in part as follows:
The constitution of the state of Con
necticut, in clear and positive terms,
directs that the judges of our courts
shall be appointed by the general as
sembly. x
This power of appointment must be
exercised by the general assembly and
by it alone and cannot be delegated
to any .officer or. tribunal whatsoever.
The powers and duty of the general
assembly to appoint Judges de Jure
cannot be delegated. No Judge under
such an appointment by the governor,
even if in the possession and exercise
of a Judicial office, could be other
than a de facto officer. But the Tela.
tor is not and never was in the posses.
sion or in the exercise of the office,
being excluded therefrom by the. re
spondent holding under the color and
authority of an appointment by the
general assembly. The superior au
thority of an appointment by the gen
eral assembly over an appointment by
the governor is of greater moment
than the .fact of possession but pos
session, as well as superior title, is
essential to the relator and he lacks
both; The statute of 1907 is inapplica
ble with this case. It reads: -
"When provision for filling such va
cancies is not otherwise made, the
governor may fill any vacancies, etc."
But there was no vacancy. The office
was and is occupied by a Judge who
is a de facto if not a de Jure official,
The resolution appointing the re
spondent Judge passed by the general
assembly at . its session of 1911 ex
pressly provided that he should con
tinue to hold his office until a. suc
cessor should be duly appointed and
qualified and thus provided against
any vacancy in that office so long as
the respondent should continue to
exercise Its functions.
Suizer Honest But
Lacking Shrewdness,
Argues His Counsel
;K , , ' - ., ' ' - - -
-Albany: Oct -A' general denial
of all the charges against Governor -
Sulzer, a bitter attack on the testi
mony of Duncan W. Peck, a charge
of unfair ' tactics being employed by
counsel for; the board of. managers
and a picture of the' governor as a
man of Integrity but poor business
ability marked the first of the final
arguments in the impeachment trial
delivered, today, by Louis A. Mar
shall. " .
Most of Mr. Marshall's address cen
tered aro'ind the "money articles" In
the impeachment charges, one, two
and six.
They charge larceny in that, as al
leged, he converted to his own use
moneys contributed for his campaign
and perjury in that he gave a false
affidavit in support of an Inaccurate
campaign statement. Mr. Marshall
said no larceny existed because the
money came into Sulzer's hands le
gally, and the charge of perjury was
groundless because the law did not
require an affidavit to a campaign
statement.
Further, he argued, the governor
thought the statement correctw hen
he signed it. ,
HEW 'MOVIE' HOUSE
RENTS FOR $6,600
i
According to a' lease filed In the town
clerk's office today John Knipperberg
and Harry Kaufman of Paterson, N.
J., will become lessees and managers
of the new motion picture theatre
now being erected In Main street next
door to the Lyric theatre. Charles
J. Berger and Arthur S. Meloy are
erecting the building. The land is
owned by Fanny Landes and Alice G.
Gousset. If the building is completed
by Nov. 15 the lessees may occupy
it immediately but the rent does not
begin until December 1.
The lease Is for te -nyears or until
August 1, 1923. The rent is to be
$560 for each month for the first five
years and $650 per month for the next
five years payable in advance. The
lessees are to post $1,000 at once
as a guarantee of good faith to carry
out their agreement and $2,000 on
December 1 when the rent begins.
Messrs. Berger and Meloy are to post
a bond of $3,000 to guarantee these
deposits.
The theatre is to be of brick and
stucco.
FISCHER VISITS
MAYOR WILSON-
MUM'S THE WORD
' It was rumored about City Hall to
day that Mayor Wilson contemplates
a compromise with Charles C. Fischer,
relative to the suspension of garbage
dilevery to Fischer's reduction plant.
The gossip was the outgrowth of i
visit to the mayor, in his office, this
morning. Mr. Fischer looked satisfied;
but declined to talk. So did the mayor.
The mayor received a letter from
William H. Comley, Jr., thanking him
for his action In, annulling the Fischer
contract, Mr. Comley is attorney "for
the East Side Improvement Associa
tion.
FOSTER ESTATE
IS ESTIMATED
AT $130,000
Widow of Clothier Is
Have Life Use of His
Entire Belongings
to
ON HER DEATH, ALL
GOES TO CHILDREN
Charles H. Peck Files Bond
jof $50,000 As Executor
Hincks, Kane and Haw
kins Appraisers.
- The will of John E. Foster, the late
Main street clothing merchant was
admitted to probate today. The es
tate is estimated to amount to about
$180,000, and after all his lawful
debts and funeral expenses are-paid
Mr. Foster bequeaths, the rest, residue
and remainder of his estate, real and
personal to his wife, Elizabeth J. Fos
ter "for her absolute use and im
provement during her natural life."
At the death of Mrs. Foster he di
rects that all his shares in the Foster
Besse Company be divided equally
between his sons, Edward L. Foster
and John E. Foster, Jr. He directs
his executor i to ' create a trust fund
of $30,000, the income of which is to
be paid to his son, William E. Foster,
during the life of the latter and at
his death the principal is to go to
the heirs of William E. Foster to be
theirs forever.
To his daughter, Mildred, he leaves
the two buildings on Main and Bank)
streets in which the business of the
Foster-Besse company is conducted
and this land with the buildings
thereon ha to become the property of
her children at her death. . His sons,
Edward L. and John E. Jr., however
axe to have the right to rent or lease
this property at an annual rental ot
$3,200. The sons. are. to pay all re
pairs, taxes and assessments against
the property and keep" it insured
against loss by fire.
Mr. Foster directs that the executor
divid the estate into four equal parts
on the death of Mrs. Foster, of .wh-icl
the trust fund for the benefit of his
son, William shall be one i The other
three parts to . go to the other "chil
dren.
The executor Is. Charles H. Peck,
who was appointed and qualified to
day and who filed a bond of $50,000.
The appraisers are William T. Hincks,
Patrick Kane and Ellis B. Hawkins.
WITH BROKEN BACK
WORKMAN REFUSES
TO ENTER HOSPITAL
Michael Homizak, a carpenter, 28
years old and living . at 486 Spruce
street, Buffered a " probably fractured
spine tms morning in a fall from a
scaffolding at 1,020 , Howard avenue.
He was employed on a new building
there and working on the floor of the
second story. when the board gave way,
throwing him to the ; ground. He
alighted on his. 'back, a heaiey plank
catching him, holding his body several
inches from the ground while his head
and feet were considerably lower. Fel
low workmen went to - his aid , and
found him to be in a helpless condi
tion.
. Dr. William II. iCurley responded
with the emergency hospital ambu
lance, noted the seriousness of his
condition and advised . hospital treat
ment. He refused and, upon his own
request, was taken to his home. Rela
tives desired to have him taken care
of there Dr. Curley found him to be
in a helpless condition from the waist
down and all Indications of serious
spinal injury.
SECRETARY THOMAS
RECOMENDED FOR
NAME TO PRESIDENT
Congressional Delegation to
Present Another Name
to President
Washington, Oct, 9. Edwin S. Thom
as, of New Haven, Conn., has been
recommended by Attorney General
McReynolds to President Wilson for
United States District Judge in Con
necticut to succeed the late Judge
Piatt.
Members of the state congressional
delegation have another candidate and
President - Wilson today told them he
would delay an appointmetn until they
had opportunity to present other
names.
GIRL OF 15 GONE;
POLICE IN SEARCH
Mysterious circumstances surround
the disappearance from the home of
her uncle at 747 Hallett street of 15
years old Mary Carroll and it is fear
ed that she has met with msihap.
When she left home, according to the
police report, she was minus a hat,
wore a plaid dress and tan shoes with
black stockings. She is described as
walking with a noticeable limp. Mary
is but one of several girls of about
the same age reported as missing
within the past few weeks. ,
SALOON MEN
WILL CONTEST
DRY ELECTION
Bristol Liquor Dealers At
tack Legality of Count on
Voting Machines
Bristol, Conn., Oct. 9 If the sa
loonist can prevent it, Bristol will not
be a "dry" town for two years as vot
ed at Monday's election. A v content
is to be made of the decision of the
voters. The liquor dealers' associa
tion have prepared a petition to the
court asking for a review of the vote
and attacking the . legality of the
count on the voting machines. Five
pages of manuscript are covered with
the description of alleged technicali
ties through which illegalities are
claimed. - Among other things claim
ed are these: that the machines did
not correctly register the license vote;
that there was negligence on the part
of the local authorities In preparing
the machines and therefore the vote
should be declared void becauaa the
statutes had not been complied with;
that the proper legal notice was not
given; that the mechanism of the
machines was not properly set and
looked; that the ballot labels were
not properly on the machines; that
the election of officers did not have
the required certificates as. to quali
fications, and that the machines aro
not legally demonstrated for the
proper length of time before the elec
tion. The petition will come before the
superior court tomorrow.
Church Filled At
Funeral Of Victim
Of Stepney Tragedy
Coroner Has Not Yet Reach
ed Finding In Inquest
Into Miss Best's Death
The funeral of Miss -Alma B." Best,
victim oS h autamcrbthsr tragedjF- Is
Stepney, Monday morning,- was" held
today. Many relatives .. and friends
called at the home of her aunt, 107
Berkshire avenue, last evening, to of
fer , condolence to the bereaved (fam
ily. - -
With, a short service at the home
at 8:80 the funeral cortege moved to
St. Joseph's R. C. church where Rev.
Father Hubert Dahme celebrated mass
at 9 o'clock. The church was crowd
ed with many friends and relatives
of the deceased girl. Handsome floral
t ributes were in evidence.
During the service appropriate selec
tions were rendered by Joseph . Weiler.
Miss Best's spiritual adviser. Father
Dahme, paid high tribute to her sterl
ing qualities. " He spoken of her as
one ever willing to give to the cause
of charity and beloved by everyone
who came within her influence. Her
loss will be deeply felt by the com
munity In general, said her eulogizer.
Acting as pall bearers were O. H.
Hall. H. O. Wheeler, John Spidell, F.
D. Unwin, Louis Hornbeger and H.
G. Feldt, friends, and employes of the
Jennings Garage where she had work
ed. Interment was held privately
in Lakeview cemetery.
Neither Isaac Hawes nor Charles
Merwln, her male companions In the
death car were able to attend, both
being confined at the Newtown Inn,
where they are slowly recovering from
the effects of their injuries.
Coroner John J. Phelan, who has
been conducting an inquest into the
cause of death will be unable to ren
der a finding until having heard one
more witness. He announced this
morning that the front left tire and
the rear right, both of which were
reported as punctured, had been sent
to experts in this city for decision as
to whether the breaks were such as
could occur from a blow-out or wheth
er the injuries would more likely have
been .sustained by contact with pieces
from the stone-wall through which the
car -crashed.
The coroner will have to decide
whether or not the fatality was due
to excessive speed or from the effects
of an unforeseen breaking of a tire.
Many witnesses have been heard to
say that the car was traveling at a
high rate of speed, while those in
the car aver that the rate was not in
excess of 25 miles per hour. Hawes
testified tthat the accident was due
to the breaking of a tire and that he
heard a hissing noise which would in
dicate a puncture rather ian a 'blow
out. The decision as to the skidding from
the roadway to the right will be a
most delicate task as opinion varies
considerably as to whether if a right
rear tire became deflated, followed by
a left forward tire, the course of the
car would be back towards the road
way or from it. On the concensus
as to speed and the expert report up
on tire injuries will most probably
hinge the decision of the investigat
ing authority.
CACKAVALLE n.F.ES
Antonio Cackavalle, wanted in
Bridgeport on a charge of having stol
en a dog, has left his farm for parts
unknown, according to information
received at police headquarters from
Policeman . Sylvester Burns of the
West Haven department.
DR. FINNEGAN RECOVERING.
Notable improvement is reported in
the condition of Dr. J. H. Finnegan of
the emergency hospital staff, who has
been off duty temporarily with an in-
fected finger.
Dowd, Dope Fiend
Stool Pigeon Is
Arrested Again
Further Sensational Disclos
ures Expected of Under
ground Route for Dispens
ing Drugs.
Sensational additional disclosures
concerning the traffic-in narcotic drugs
throughout southern New - England
and "the system," alleged to be be
hind it, are being looked for as a re
sult of the reported arrests of Den
nis Dowd and Fred Partridge In West
Haven yesterday. Both are known to
the Bridgeport authorities, Dowd hav
ing been in the limelight during the
past six months, and are stamped by
the West Haven authorities as "dope
fiends." They were coming from
Bridgeport, when arrested, and their
pockets produced a supply calculated
to speed on a dope fiend to a false
heaven. . Over 500 pills, reported as
the usual kind used, a number of new
hypodermic springes and ja. new Gil
lette safety razor comprised the pro
ducts of search. The finding of the
syringes gives a new appearance to
the traffic, indicating that the agents
are also ' providing entire equipment
for dope users. '
Their arrests are believed to be an
other lead into the "underground rail
road" believed n to exist out of New
York to cities in southern New Eng
land with Bridgeport as the first stop.
Partridge is not as well known ,In
Bridgeport as Is Dowd. The latter
was arrested on a charge of having
an excess supply of heroin in his pos
session and later was used to secure
evidence in Bridgeport and other Con
necticut cities for the state board of
pharmacy. Several convictions were
secured and the suspension of Abra
ham Burstein's pharmacy license re
sulted from testimony given by Dowd.
At that time he admitted that he was
a dope fiend but no evidence was in
troduced to indicate that he was a reg
ular agent of "the system."
Policeman Sylvester Burns of the
West. Haven department telephoned to
Bridgeport concerning the arrests and
to ' Inquire , as to whether they are
wanted in Bridgeport. As far as Is
known, they are not, the greatest in
terest being in disclosures which they
may give and which: may give addi
tional Information ebneernin thtraf-
B. H. S. ARCHITECT
COMING HERE TO
EXPLAIN DELAYS
James G'ambel Rogers of New York,
the architect for the new High school,
will probably attend the next meeting
of the Board of Education and explain
why there has been delay in complet
ing the plans for the building. - Ar
chitect Rogers in reply to a letter sent
him by Commissioner Ryan of the
board signified his intention of com
ing to Bridgeport to explain matters.
In, his letter Mr. .Rogers says that
the completion of the plans have been
delayed by the engineers who figured
on the steel structural work and the
heating apparatus.
Commissioner Ryan wrote Architect
Rogers after he and Commissioners
Webster and Murphy had made a
fruitless trip to New York to obtain
a personal interview with the archi
tect. Mr. Rogers was said to be in
Washington, D. C, the day the com
mittee tried to find him.
GREENE KENDRICK
WILL IS ADMITTED
IN PROBATE COURT
New Haven, Oct. 9 The will of ths
late Greene Kendrick, of New Haven,
was admitted in the probate court, to
day.' The widow, Mrs. Flora Lock
wood Kendrick, and -. the testator's
daughter are given the entire estate.
Judge Simpson, counsel for Mrs.
Mary Kendrick, of Stamford, a former
wife of Mr. v Kendrick, said that she
Intended to contest the will asking for
a continuance. Judge Gilson denied
the request and then admitted the will.
It is thought probable that the case
may be taken to the superior court.
NEW HAVEN ROAD
PROPOSALS MADE
TO ATT. GENERAL
Washington, Oct. 9 President
Howard Elliott, T. D. Cuyler and
President Hadley of Yale, directors of
the New Haven Railroad, today, laid
before Attorney General McReynolds
tentative proposals which may enable
the railroad to avoid prosecution un
der the Sherman law.
President Elliott said he would
make no announcement of his pro
posals until after they had been thor
oughly discussed with Mr. McReyn
olds and the entire board of directors
of the New Haven. The Boston &.
Maine merger, the New Haven's
agreement with the Boston & Al
bany, its ownership of trolley lines
and steamship companies, all of
which are under attack by the gov
ernment, form the basis of the pro
posals COAT GONE FROM AUTO.
Aurelius H. Piper of 511 Newfleld
avenue has asked the police to locate
a brown overcoat, which he reports
was stolen from an automobile yes
terday in front of the Arcade hotel on
Main street.
Tesreau
Hit Hard
cherts
rror
en
Dusn in i
Philadelphia
SCORE BY
1 2 3 4
GIANTS
ATHLETICS
Polo Grounds, Oct. & The slugging !
Athletics landed on Jeff Tesreau for
three solid singles in the opening in
ning of today's engagement and with
the assistance of Fletcher's wild throw
grabbed a lead of three runs. Bush,
the youngster who has been groomed
as the dark horse of the series, was
on the rubber for the Athletics. Fred
Merkle, .whose ankle was injured
Tuesday returned to the fray and re
placed Wiltse at first.
"You know luck breaks better for
the daring team," said Captain Larry
Doyle, of the New York Nationals,
"and that's why we will be out there,
today, to beat the Athletics."
A soggy field, drenched by hours of
hard rain, slowed up the fielding of
both teams. Water seeped through
the tarpaulin coverings, last night,
and a dozen ground keepers worked
from dawn till game time to dry out
the moisture. Gallons of gasoline were
sprinkled on the paths and the early
spectators saw what appeared like the
beginning of a prairie fire. The
ground was then carefully sanded and
the puddles in the outneld were
sponged up. ,
Umpire Rigler inspected the
grounds at 10:30 o'clock and reported
the diamond in shape to play if there
was no more rain. The gates were
immediately opened and a triple file
of weather-anxious spectators, which
stretched for four or five blocks away
from the entrances, passed into the
reserved, stands. Scores of women
stood for several hours waiting for the
gates to open. ' And they were Just as
lively as the men in the rush, for th-3
front seat t, .,.
. "We're a crippled , team, remarked
John.. McGraw,- grimly, "but we will
nave a good oiuo in ine neia coaay, as
Mack's men will find out."
The Athletics came to the grounds
with every member In fine condition.
Manager MoGraw sent "word to the
press box that Tesreau and McLean
would be the battery for New York.
Bush and Schang were announced
as the batteries for Philadelphia.
TTrriTvlr-ft Ttierlftr will firiv decisions on
balls and strikes; Connolly will take
care of the bases while Umpires K!em
will be In left field and Egan In right
field.
FIRST IXNXN"G, FIRST HALF.
The announcement that Bush would
pitch caused hundreds to murmur" In
the stands. "This is the pitcher that
Connie Mack has kept under covers.
for the last six weeks in order to use
him In the world's series."
Ira Thomas, the Athletics' catcher.
said that Bush had a world of speed
and a fine breaking curve when lie
warmed up. .
Tesrau's spitter- broke over the
plate for a strike. His second pitch
was a ball. Fletcher threw out Mur
phy at first. It was a close play, the
ball beating - the runner by only a
step. Tesreau had plenty of speed.
Oldring singled when Tesreau sent
up a floater. Collins took a strike,
the ball curving over the plate near
his knees. Tesreau then shot over an
other strike, putting the batter in a
hole. Collins singled over . second,
Oldring going to third.
Then came Baker to the bat and
the Athletic . rooters gave a mighty
cheer. Baker missed the first one.)
The New York infield laid back to try
for a double- play.. Baker missed the
second one by a foot. Oldring scored
on. Baker's single to left, Collins being
held at second.
Tesreau put over a strike on Mc
Innls. Collins and Baker made a
double steal, putting them on third
and second.
McLean dropped Tesreau's pitch
Mclnnis struck out, McLean' to
Merkle.
Collins and Baker scored when
Fletcher took Strunk's grounder and
threw wild to the grandstand. Strunk
went to second on the play.
Barry pop-flied to. Fletcher.
Three runs, three hits and one error.
FIRST INNING, SECOND HALF.
Bush But over the first one for a
strike. The second one was a fouL
After having two strikes on the bat
ter Bush pitched three successive
balls. Herzog out, Barry to Mclnnis.
Bush had a basketful of speed but
seemed wabbly on commanding it.
Doyle got an infield hit which Bush
was unable to field in time. Doyle
had a good start on the pitcher in an
attempted steal but Fletcher fouled
the ball. Fletcher was hit by Bush.
Burns flied to Collins who tossed to
Barry, doubling Doyle at second.
No runs, one hit, no errors.
SECOND INNING, FIRST HALF.
Schang struck out, being unable to
gauge Tesreau's spitter. Bush flied
out to Murray.
Murphy beat out a hit to short,
Fletcher making a nice stop back on
the grass but could not get his man
at first. " Oldring got his second single
to right, sending Murphy to third. It
was the hit and run play, cleverly
worked.
Oldring stole second. Murphy being
held at third. Murphy and Oldring
scored on Collins' line drive over
Doyle's head. Collins was out at sec
ond when Doyle took Baker's burn
ing smash and touched second.
And Flet
Mack's
)x For
Helps
INNINGS
S 6 7
9 10 11 12 Totaj
03 01 ED E3 El El Q O-O O O D HJ)
03O01E3EIiaOOOOOOCI:
looked like a sure hit and only won- '
derful fielding by Doyle prevented the
ball from going to centerfleld.
Two runs, three hits, no errors.
SEOONTO INNING, SECOND HALL.
Shafer out when Collins took hia.f
slow roller and tossed to first. Mur
ray sent up an easy fly which ColrLna J
smothered.i McLean laughed when
Bush fooled him with a slow flater -5
on the inside corner. McLean foul e 4
out to Schang.
No runs, no hits, no errors.
THIRD INNING, FIRST HALF..
Mclnnis flied out to Burns, th4
Giant fielder taking the line drlv 3
near the foul line. Burns took care;
of Strunk's high fly, not having to J
move but a few feet to get it. McV
Lean took Barry's weak foul.
No runs, no hits, no errors.
THIRD INNING, SECOND HALF.
Merkle sent up a high fly to Strunk. 1
Tesreau went out on three straight-
strikes. The last ball Tesreau struck
at struck the plate and bouncedr Into
Schang's hands. Collins took 'Her-
zogs liner and the inning was,- over. J
The crowd applauded Bush as he j
walked to the players bench.
No runs, no hits, no errors.
FOURTH INNING, FIRST HALF.
Schang struck out for the second
time in the game. Bush got a Texas ;
Leaguer which Burns trapped on the ;
tops of the grass and it looked like '
a putout. Murphy out to Shafer. :
Doyle threw out Oldring.
No runs', one hit, no errors.
FOURTH INNING, SECOND HALF, j
- Umpire Rigler cautioned the Ath- '
le'tic players' bench for co-aching. !
Doyle fouled out to Baker. Bush had j
plenty of "stuff" his curves breaking I
very wide at times, keeping Schang j
busy going after them. .
Bush gave Fletcher three balls and j
then put over "two strikes. Fletcher j
singled over second. Collins stopped j
the ball but could not recover to make j
the throw. Burns fanned and Schang )
snapped the ball to Mclnnis who j
nearly caugbt Fletcher off the bag.
Fletcher stole second, having a good )
lead on the pitcher and Schang's j
throw being wide.
Collins threw out Shafer.
No runs, one hit, no errors.
FIFTH INNING, FIRST HALF.
Collins made the New York fans
hearts sink by sending a liner to right j
which was only foul by inches. Col- f
lins out on a liner to Murray. Fletcher
took Baker's pop fly on the left field j
line. Mclnnis out on a fly to Murray.
No runs, no hits, no errors.
PANIC
BY
CAUSED
ESSINA
EARTHQUAKE)
Messina, Oct. 9. A slight earthquake
shock lasting 12 seconds occurred heri
today and caused a considerable panio
just at the time when the American
Red Cross orphanage was being nrnnort
at Palmi. '
Palmi, Calabria, Oct. 9 The open
ing, took place today of the American
Red Cross orphanage erected from
fundg collected in the United Stated
at the time of the Messina earthquake,
Lieut. Col. George CVI. Dunn, the Amer- ,
lean military attache at Rome, rep-,
resenting Ambasador Thomas Nelson
Page.
Auto Turns Turtle
With Party, Including
Four Young Women
Torrington, Oct. 9 An automobile
owned by R. W. Tyler, of Thomas
ton, and driven by a chauffeur in his
employ, in which a party consisting
of Mortimer Heffernan and Danie!
Noonan, of this place and four Thom
aston young women, was returning
home from Harwinton Fair grounds,
late yesterday, went over an embank
ment at the side of the road and
turned turtle a short distance east of
Harwinton Center as the result ot
an attempt by the chauffeur to pass
a team. All of the occupants wfre
pinned under the machine. The chauf
feur received several bad cuts about
the head and Daniel Noonan sustained
a dislocated shoulder and a number
of cuts on each wrist. The four j;min?
women and Mr. Heffernan were only'
slightly bruised. The car which was
badly damaged, was taken to Thora
aston by automobile truck this morn
ing. PERSONAL MENTION.
Detective Sergeant Peter Hackett ol
police headquarters is in Danbury tew
It day taking in the sights of the fair.