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Newark Gfoemngj^tar E30 AND NEWARK ADVERTISER O^V K C. ESTABLISHED 1832._NEWARK, N. J„ MONDAY, OCTOBER 13, 1913. PROBABLY FAIR TONIGHT AND TUESDAY. BOY AND GIRL ARE CRUSHED 10 DEATH IN AUTO ACCIDENTS Dorothy Hughes, Six, Runs Be fore Machine in Anxiety to See Parade. ANTONIO CHARCHIO STRUCK RUNNING ACROSS STREET Henry W. Moore and Percy Ro den Held by Police on Man slaughter Charge. Two autolsts were arraigned In the Second Precinct Police Court today on charges of manslaughter. One was Henry W. Moore, a seventy-one year-old dentist, who drove his ma chine across the continent without mishap only to strike and kill Doro thy Hughes, six years old, of 392 Central avenue, during the Holy Name parade yesterday. The other prisoner was Percy Ro Sen, of Kappoeh street, Spuyten Duy vel, N. Y., whose automobile struck and fatally Injured Antonio Carchlo, ten. of 601 Fifth street, while he was returning home after viewing the pa rade. The death of little Dorothy Hughes was particularly pathetic. Excited by the prospect of seeing the parade, she ran into the bedroom of her father, Frank Hughes, who. Is critically 111 with tuberculosis, told him where she was going, and rushed down the street. stepped In Front of Auto. The head of the parade was lust coming into view. In her eagerness, she stepped off the curb at Central and Morris avenue, directly in front of Moore’s slow-moving automobile. There waa no chance for Moore to save the girl. The cranking iron struck her and she was thrown be neath the car. Patrolman Carroll, of the Fifth pre cinct. picked up the girl's limp form, impressed a passing taxicab into service and rushed her to the City Hospital. It was found that she had been killed almost instantly. Moore, when arrested, said that he toured from his home in Santa Bar bara, Cal. to the home of his nephew, Horatio B. Young, of 72 South Clinton street. East Orange, arriving last Thursday. On the trip he did not meet with a single acci dent. It was conceded by the witnesses, among them two policemen, that Moore was not to blame for running down Dorothy. He had been driving slowly only a short distance ahead of the parade when Motorcycle Po liceman Franks ordered him to turn out of Central avenue into Morris a venue. He was doing so when Dor othy ran directly in front of his machine. . Crossed lo Front of Auto. The other accident occurred in Bloomfield avenue, near Rake street. Carehio had watched the parade pass through Park avenue. On his way home with a group of companions he tried to cross Bloomfield avenue ahead •f the automobile of Roden. Mr. and Mrs. Charles Holland, of 542 Fifth street, who saw the accident, say that Roden swerved to one side While the other boys escaped, Car chio was struck by the side of the auto. He was removed to the City Hospital, where he died within an hour. Roden was charged with man slaughter today by Captain John E. Brown, of the Second precinct, and a similar complaint was made against Moore by Acting Captain Charles Beckley, of the Fifth. The two pris oners were sent to the prosecutor’s office to have bail fixed. Roth provided cash bail of *1,000 and were released to await the action of the grand Jury. Four Violators of the Speed Laws Are Fined $10 F-ach by Judge Herr Four violators of the auto speed iaw were fined $10 apiece by Judge Herr in the Fourth Precinct Court today. Motorcycle Policeman Brod sky of the Sixth precinct is respon sible for tne arrest of three and Mo torcycle Policeman Bonnet, of the Fourth precinct, arrested the. other. Vesterday morning Brodsky chased William Burns, of Summit, N. J., down Clinton avenue from South Nineteenth street to Bergen street before he placed him under arrest. According to the policeman. Burns was going at the rate of thirty miles nn hour. He paid the fine. Shortly after, Brodsky was riding slowly down Clinton avenue when he saw an automobile delivery wagon dart across the avenue and speed over Ridgewood avenue. t,o *«*-e chase and caught' up at Runyon street. The policeman told Judge Herr that the driver, Charles Lehr hoff, twenty-one years old, of 194 Prince street, was going forty miles an hour. Lehrhoff admitted that he had only been uriving a car for the past four months. Judge Herr re-, marked that at that rate Lehrhoff was in a fair way to become a sec ond Barney Oldfield and fined him $10 to curb his tendency for speeding througli the city streets. About 4:30 o’clock yesterday after noon Brodsky arrested William Cox, twenty-two years old, a negro, of Brooklyn, who was driving his car in Elizabeth avenue at the rate of thirty miles an hour. The fine of $10 was paid today. William Morria twenty-four years old, a negro, of 17 Orleans street, was arrested yesterday afternoon by Mo torcycle Policeman Bonnet after a chase down South Orange avenue from South twelfth street to Little ton avenue. Morris is said to have been making thirty miles an hour. The fine of $10 in this case was also f paid. Declares White House Is Not Managing Fielder Campaign Star Human, | Metropolitan National Hunk Ulllg., WASHINGTON, Oct. 13. 1 When asked this morning what ar Rrangements had been made for na Btional speakers to go to New Jersey, r to take part in the Fielder campaign, Secretary Tumulty referred the in quirer tc ,vite Chairman Grosscup. "We ar loing all we can to help the gqr or Mr. Grosscup in anythirt), they ask," said the Presi dent’s secretary, "but the campaign iis not being managed from the White House." H. B. W. GREGORY FORGETS j OATH THAT HE TOOK Reads Himself Out of Demo* cratic Party by Speech in East Orange. DENOUNCES ORGANIZATION AND ASSEMBLY TICKET Defeated State Committee As pirant Doesn't Want Outside Aid for Campaign. Mayor Julian A. Gregory is neither great in viotory nor great in defeat, or perhaps it is Just the other way. He may be great in both. At all events he seems to be determined to build a "Chinese wall” around East Orange, so that he may be monarch of at least a portion of all he surveys. But he has a tribunal to consider i other than the head of an election board or the presiding judge of a high earthly court. Brave, Indeed, is he who can Justly say "I fear no I man." but brave men, physically and morally, are invariably God fearing. Is Julian A. Gregory of that type of man? Let the evidence speak for Itself, and for the time being leave it to the ury of the people. Gregory had waged a strenuous and bitter war against James R. Nugent for the office of State committeeman. Let it be conceded that he was fight ing within his rights. Mr. Nugent beat out Mr. Gregory by thousands. At the meeUng of the Essex County Democratic Committee, held in Turn bull Hall, Market street, for organi zation and other purposes, James F. Fielder and every other candidate on the Democratic ticket were on motion of Mr. Nugent indorsed. The chair man of the East Orange delegation at the instance of Mr. Gregory, and despite the efforts of Edmund A. (Continued on Page 2. Column 2.1 Conference Will Be Held Friday Night—May Plan Settle ment Scheme. Directors and depositors of the plundered Roseville Trust Company will have their first chance for a heart-to-heart talk together next Fri day evening. Provided the directors put In an ap pearance and the meeting Is fairly or derly. an attempt will be made to hit upon some settlement. The directors will be asked to explain where the missing *658,000 went to. Arrangements for the conference wore made by the Depositors' Pro tective Association today. A com ■ mlttee composed of C. W. Rleman Joseph Finley, Frank McDermir, Jr. Henry B. Tower and Michael Kane Jr., who were appointed last night at a meeting In Mr. Tower's home, 272 Park Rvenue, called upon G. Row land Munroe and Harvey Mott, two of the directors, and Informed them of the action that the association was taking. The directors agreed to call a meeting of their associates to confer with the members of the association In the hall above the bank on Friday night. Frank M. McDermit, counsel for the association, said that any reasonable proposal for settlement or reorganiz ation will be seized upon with avidity by his clients. Harrison P. Lindabury, counsel for Raymond E. Smith, now held in de fault of $50,000 ball on charges of forgery and embezzlement, appeared In the United States District Court here today and petitioned Judge Rellstab for relief from payment of $250 Indemnity demanded by Bank ruptcy Referee Edwin G. Adams. Attorney Lindabury said ths assets of Smith were tied up by a receiver and he was unable to produce the indemnity demanded by Referee Adams, who will sit as a special master at the bankruptcy trial of Smith. Juuge rtfuiBia o ruiea tnat ne coula not make a special law to apply to the case and denied the motion. At torney Llndabury then applied for permission to have the case brought into court “forma pauperis." Raymond E. Smith, the alleged wrecker of the bank, had difficulties, it Is said, when he was employed In the Second National Bank of Orange prior to the formation of the Rose ville Trust CompAny. Ellas H. Bonnell. president of the Second National of Orange, says that there was a shortage of about $900 when Smith left his employ. He denied that the deficit was J18.000, as had been rumored. “Smith did not give us satisfaction for a long time," said Mr. Bonnell, “and finally we dispensed with his services.” “When he went to the Roseville Trust Company I believed it was my duty to myself and to the banking in terests of the community and to the public generally to make known to the officers of that Institution certain facts about the man. This I w-as not able to do, as the man I spoke to re fused to receive my well-intended In formation, declined to call at the Or ange bank to discuss the matter with me and finally called me by telephone and told me that I would be made to prove in court some of the things I had said if I repeated them." Smith emphatically denys any shortage or discrepancy while em ployed In the Orange bank. Mayor’s Son-in-Law Is Robbers’ Victim; Home ■ Entered During Absence Jewelry worth several hundred dol lars was stolen from the home of Thomas .1. Degnen, 18 South Ninth street. Mr. Degnen is the son-in law of Mayor Haussllng. As reported to the Fifth precinct police, the robbery took place some time between 6 and 9:15 o’clock last night. Entry was obtained by means of a key while the family iwas absent. Among the m'ssing articles are two scarfplns. a gold watch chain, a lady’s gold rope chain set with pearls, a locket, a lady’s silver watch and a gold bracelet. SULZER’S HOPE BASED ON FIRS! VOTEDFm Preliminary Ballot Will Indicate What Fate Holds in Store for Him. GOVERNOR MAY APPEAL TO UNITED STATES TRIBUNAL Action Based Upon Statement in Writings of Alexan der Hamilton. ALBANY. Oct. 13.—Governor Sulzer may know by night whether the im peachment charges against him have fallen. What may be the last ses sion of the court opens at 2:30 p. m. Even though the court should find it necessary to adjourn until to morrow, It Is the belief of many at the capitol that the final verdict will be indicated in the preliminary bal loting that is expected to take place at this afternoon’s executive session. Governor Sulzer is confident or his acquittal, his intimates say, but is anxiously awaiting the result of the telltale first ballot. The Governor has been advised, it Is reported, that he can appeal to the United States Supreme Court in the event that the verdict Is against him. It is said a motion to dissolve the impeachment court by the with drawal of the Judicial members from the legislative may be made, on the ground that the trial is In direct vio lation of the United States Consti tution. which guarantees to each State a republican form of govern ment. me authority ror this plan is round In the writings of Alexander Hamil ton, In which he declares that join ing the judiciary with the Legisla ture is an act of tyranny. According to the advice given the Governor, if the motion Is made here and denied, mandatory process may then lie with the United States Su preme Court. Before court convened today no one, not even the judges themselves, had the slightest idea just what form of procedure would be followed. That was a matter for the court Itself to decide. The biggest question to be decided was whether the session would be public or executive. The opinion was that the testimony would be consid ered privately, but that the actual voting would be done in public. Governor Sulzer today began his third day of seclusion. Last Saturday morning the announcement went forth that he would see no one until the verdict of his Judges had been returned, and he has stood firmly by that doclblon. As a result of this a rumor has been current now that the evidence Is all in a break had come between the governor and his attorneys. Judge Herrick denied this today, however. Upon the vote of twenty members of the impeachment court depends the decision whether Sulzer will con tinue in office. If twenty vote for his cause, a two-thirds vote cannot be obtained against him. there being fifty-seven members of the court. THEFT IS SOLVED “Queen of Bandits” and Two Men Are Arrested in Camden. CAMDEN, Oct. 13—As the culmin ation of months of organized detec tive work, In which the police of New York, Philadelphia and various New Jersey cities have co-operated with the agents of E. B. Hopwood, of 55 John street, New York city, ad juster for more than a score of bur glary insurance companies, depreda tions of an organized band of auto mobile bandits which have cost the automobile owners of New York more than $1,000,000 in the last five years seems brought to a close today. The alleged leaders or tne gang. Eugene Hatton, better known as “Funny” Hatton; the mysterious woman who has gained the title of “Queen of the Auto Bandit*/’ and a man said to be the “brains” of the gang are now under arrest in Camdeh, N. J. Hatton is the pro prietor of the “H. and H.” garage here. The arrests were made Saturday evening by Hopwood, State Detective William Shasto, of New Jersey and his lieutenant, John Broderick. In the possession of the prisoners was a new model high-priced car stolen on August 31 in New York from Har rison B. Smith, of Charleston, W. Va. The car had been repainted and re furnished. Several cars which have been stolen in the last year, the detectives ^ say, have been disposed of by Hatton, but this is the first time that they have been able to catch him in possession of one of them. The two men and the woman are now held under the charge of grand larceny. It is ex pected that several more arrests will follow within a few days. So many romances have been woven about the personality of the “Queen of the Auto Bandits” that a few first hand facts came as a refreshing nov elty. Information properly booked under this head came to light today in the course of an investigation into the round-up of the “Queen” and her confederates. In the first place, it is necessary to get a fair idea of what the gang has actually accomplished. It is estimat ed that less than half of the $1,000,000 worth of automobiles and automobile accessories stolen in this city in five years has been recovered. Many of the machines finally returned to their owners have beeyi “stripped,” re painted and otherwise “mutilated.” Frost Prediction of Local Weather Man for Tonight Frost was predicted for tonight by the local weather bureau at the Cen tral High School. The temperature at 3 a. m. today was 47 degrees; at 7 o'clock, 52, and at noon, 53. The forecast was: Fair -tonight and TutQduy; colder with frost to night; moderate northwesterly winds. 4 HEY TUMBLES ■ 1 -k Local Entry for New York Race Contes to Grief in Trial Test. Because of an accident the Boland aeroplane, built here, which was to contest in the race around Manhattan island today, has been withdrawn from the contest. The accident happened yesterday afternoon during a trial test over Newark Bay and the machine was wrecked. W. Leonard Bonney, the navigator, had a narrow escape. He fell with the machine, but was res cued by a motorboat. The njotor boat in hurrying to the rescue col lided with the aeroplane. Bonney ascended from the Boland company's hangar on Newark Bay near the Lehigh Valley bridge. He ex pected to make a fast run to Red Bank and return, in order to make a final test before the contest today. The machine went off quickly until it struck a strong breeze that was moving at a twenty-five mile an hour rate. It was then about fifty feet above the surface of the bay. Bonney shut off hie engine in order to veer around. He lost momentum and then the breeze caught the bi plane and It capsized, descending like a shot. Attendants had been watching the flying machine in its effort to get away and they were hovering near In a motorboat. They hurried to the rescue and the craft quickly picked up Bonney, but not until the motor boat had struck the aeroplane. An effort was made to tow the aeroplane hack to the hangar, but the motorboat was not powerful enough. Several other motorboats then tried to help out. hut the best they could do was to tow the wrecked airship to the Lehigh Valley railroad bridge, where it was tied up for the night. It was brought back to the hangar today. Democratic Campaign in Essex to Open Tonight at Leni Lenape Club The Democratic campaign in Essex county will get a flying start tonight with a monster meeting at the Leni Lenape Club, on Court street. The affair will take the form of a recep tion to the candidates for the various city and county offices, all of whom are expected to be present More than 1,000 invitations have been Is sued by the committee In charge of the meeting. It is expected that City Counsel James H. Nugent and sev eral of the city and county officials will attend. A meeting of the candidates has been called at the Democratic head quarters, 772 Broad street, this af ternoon, at which time the aspirants will suggest plans for carrying omthc campaign in this county. r The committee In charge of the Leni Lenape meeting tonight is com posed of Alderman Mark E. Phillips, chairman; Assembly Candidate Ed ward C. Eaton, William Pignan, George. W. Courter, Charles Homing, James F. Connorton, Fred Hobson, Patrick J. O'Connor. City Sealer John Sullivan and Howard C. Wil son, Prouty to Resign Place on Commerce Commission WASHINGTON, Oct. 13.— Charles A. Prouty will retire in the near fu ture as a member of the Interstate Commerce Commission to become di rector of the physical valuation of railways. No formal announcement has been made but arrangements for the change have been completed with the Interstate Commerce Commission and with President Wilson, with whom Judge Prouty had a conference today. \ I Episcopalian Prelates Decide to Adhere to Time-Honored Practise. NEW YORK, Oct IS—After along debate the house of Dtshops this afternoon decided by a narrow ma-' jority not to open its sessions to the public. The vote against the prop osition was 52 to 49. During the 129 years that the house of bishops has played its part in the government of the church its sessions have been secret. The house of deputies, the other governing body of the church, does all its work at open meetings. A sweeping denunciation of the present system of divorce reached the House of Depu ties of the Protestant Episcopal Church today In a resolution intro duced by Rev. C. F. J. Wrlgley, of the diocese of Cong Island. The resolution asked the conven tion to express its sympathy with the effort of the international com mittee on marriage and divorce, which la trying to have the Consti tution of the United States amended, to enable Congress to enact uniform marriage and divorce laws. In his resolution Dr. Wrigley de clared that the condition of these laws at present "is detrimental to all family life and morals; has en couraged fraud upon our courts, sham proceedings and various eva sions of the law which would other wise be impossible. It adds that "un scrupulous lawyers organized sys tematic and persistent attacks for financial gain upon the domestic life i of the whole country, thereby im morality is legalized, innocent chil dren are made orphans and defense less, Innocent spouses are irreparably injured." 10 WILSON FUND Underwood Tells of Contribu-i tion, Answering Charge That He Was Tool of Financier. Star Bnrroo. Metropolitan National Rank Hldg., WASHINGTON. Ort. 13. WASHINGTON. Oct 13.—The state- ! ment that Thomas Fortune Ryan subscribed 110,000 to the campaign fund of President Wilson when he ran for Governor of New Jersey was I made in the House this afternoon by Oscar W. Underwood, chairman of the ways and means committee. Un derwood’s reference to the New Jer sey contribution of Ryan created a sensation in the House. 1 The statement was made in answer to Richmond Pearson Hobson's charge that Underwood’s campaign for the Presidential nomination last year was financed by Ryan. Underwood, said Hobson, had been a dummy in the hands of his man agers and was used as the tool of Wall Street. "Does the gentleman charge that Theodore Roosevelt was the tool of Wall Street,-’ asked Underwood, "be cause George Perkins financed his campaign? Does he charge that the present President of the United States is a tool of Wall Street be cause Mr. McCormick subscribed to his presidential campaign or because Thomas Fortune. Ryan contributed 310,000 to his campaign fund when he ran for governor of New Jersey?" H. B. W. Body of Inventor Diesel Washed Ashore on Island I Special to (hr Newark Slar.l AMSTERDAM, Oct. 13.—The body of Rudolf Diesel, the , famous inventor pf the Diesel motor, has been washed up on the island of Walcheren, iden tification being established by his son. Mr. Diesel mysteriously disappeared from a steamer when crossing the North Sea some days ago. WILSON HALTS TALK OF SENATE ‘ —_ Congress, Acceding to Presi* dent’s Wish. Continues in Session, Pending Currency. Star Bureau. Metropolitan National Bank Bldg.. W ASHINGTON. Oct. 13. Talk of a Senate adjournment until the middle of November was stopped today by the positive announcement of the President to several senators that he would not agree to such a program. The word was carried from the White House to the Capitol this morning by Senator Simmons that there Is to be no compromise in the President's purpose of speeding up the currency legislation as fast as possible. Because of this insistence at the White House the Senate will continue to hold sessions Iko or three times a week until the currency committee iB ready to report a bill. The House also will go through the form of meet ing twice a week until the currency hill has passed the Senate or through out the time remaining before the be ginning of the regular session, if cur rency legislation does not get through the Senate sooner. "I think it would be a political blunder equal to a crime," said Sena tor Stone, of Missouri, at the confer ence with the President, "if we do not pass a currency bill during the pres ent session. We cannot let It go over until December.” Senator Simmons said Democratic leaders would continue to work for a prompt termination of hearings and early consideration of the bill Sena tors Sheppard and James, of Ken tucky. also expressed emphatic views against any recess. Efforts to induce the President to agree to tne adjournment of the House for a month or longer were to day as unavailing, as the efforts to secure a Senate adjournment. As a result, there will be an agreement that, while the House Is to meet, no legislation will be attempted, and probably no effort will be made to keep members in Washington H. B. W. BASKETBALL GAME IS FATAL 10 BOY Joseph Kiernan Dies at Hospi tal from Hemorrhage Induced by Violent Exercise. While playing basketball at the South Street School playgrounds yes terday, Joseph Kiernan, 1P years old, of 173 Thomas street, suddenly top pled over and fell to the ground. He died early this morning at the City Hospital. An autopsy performed by County Physician McKenzie showed that death was due to a hemorrhage of the brain, induced by violent exercise. Marly yesterday afternoon young Kiernan ran to the playgrounds to Join some friends who were playing basketball. He had Just thrown the hall at the basket when he collapsed against the fence with a moan He was unconscious when his comrades leached his side. When first aid methods failed to revive him the hos pital ambulance was summoned. He died without regaining consciousness. As young Kiernan was apparently In excellent health an investigation was made by the police to discover whether he had met with an injury during the game, but all of his fellow players dented this. The youth's mother was by his bed side at his death. She is confined to her home by the shock. Eiuring the last three years Mrs. Kiernan has lost her husband and two other sons. HARM DEPUTIES President of U. S. Bids Lind and O’Shaughnessy Make Representations. WASHINGTON CEASES TO DEAL WITH MEXICAN HEAD Injury to Jailed Legislators Will Cause “Displeasure" of U. S.. Is Note. -■ WASHINGTON. Oct. IS.—Alter a conference between Secretary Bryan ' and President Wilson today it was ( announced at the White House that ] telegrams had been dispatched to ( both John Lind, at Vera Cruz, and I Charge O’Shaughnessy, at Mexico City, to make representations to the Huerta government that the United States would look with displeasure upon any injury to the Mexican depu ties now under arrest. It has been left entirely to Mr Lind's discretion whether he should return to Mexico City to impress those views on the Mexican authori ties. but Charge O’Shaughnessy has been directed to address himself to the minister of foreign relations and make it plain that the United States attaches "the gravest importance" to the arrest of the deputies and ic keenly interested in what will bo their fate. President Wilson told callers today that- with the present stat ' < f af fairs. he did not see how a constitu tional election could be held in Mex ico. So far as the immediate pol y of the United States is concerned, it was made plain by the President to day that there would be no depar ture from the original position that the Mexicans should settle their own affairs. There are no plans today for any increase in the number of American warships in Msx'can waters. The government here has praeLcal iv abandoned all hope of seeing an election or treating further with Huerta as an individual. There Is a disposition in administration circles to await the course of events with hope that the factional lines will •• so tightly drawn as to bring about a natural adjustment without outside interference. "My opinion If that there can be no constitutional election in Mexico under existing circumstances.'' said Senator Bacon, chairman of the for eign relations committee, after a con ference with President Wilson, at the White House. The senator said he had not discussed that phase with the President but that it was obvious that with the arrest of the deputies and the dissolution of congress, no one would dare to take issue with Huerta and that there could pot lie *ny free expression of the will of the people. LAREDO. Tex.. Oct. 13-Fighting between Federate and Constitutional ists, which began Friday 65 miles south of Laredo, continued today, ac cording to reports received at Neuova Laredo. Sixty-five wounded were brought to hospitals yesterday. The international .bridge here is closed to general traffic. Nothing has been heard since Sat urday from 300 refugees, mostly' Americans, en route here from Tor reon. Then they were at Rodriguez. PUBLIC SERVICE IS SUED FOR $25,000 Charged by Ballantine Brewery With Polluting Water of Artesian Wells. The trial of a suit brought by P. Ballantine & Sons, brewerB. to re cover 325,000 damages for the alleged pollution of its artesian wells by coal tar and noxious gases from the tanks of the Public Service Gas Com pany. was started today before Judge Nelson Y. Dungan and a jury in the Supreme Court circuit. The wells said to be tainted are at the ale brewery of the Hallantine plant, running from Front street to the Passaic river, and the tar and other materials are alleged to have seeped through from the property of the Public Service adjoining. In 1906 suit was brought by the Bal lantine interests for the same cause and a Judgment entered against the Public Service Corporation. It was testified at that time that the poisoning of the wells was first dis covered in July, 1903. The recovery was for damages from that time to the time the suit was started. In the new action started today it is claimed that the tar has continued to seep into the wells and clogs the pipes used in the cooling plant of the company. It is contended that re pairs. cost of city water to replace the well water and other items, make the damage 325,000. It is also asked by the plaintiff's attorneys, Pitney. Hardin and Skinner, that ex emplary damages in addition to the 325,000 be awarded. It is contended by the Public Serv ice Corporation that the latest pol luting of the wells Is not caused by the gas works, but by the Passaic river. Frank Bergen in his opening for the defendant, declared that he would prove that the polluted Passaic water ran through a strata of rock to the spring, which furnished the water to the brewery. He could prove this, he said, by dumping coloring matter into the river at the Ballantine dock. This color would later be found, if the wells were pumped out. Mr. Bergen said the company had discharged no tar from its gas tanks since 1904. either Into the ground or into the river. Former Judge Ed ward A Armstrong, of Camden, who is assisting Mr. Bergen in conduct ing the defense, argued that the previous judgment obtained by the plaintiffs bar them from again re covering for the same tort. This lat ter suit claims damages from the time of recovering, in 1906. to the time of filing the suit, in May, 1912. Judge Armstrong's contention was that it was the wrbng for which the Ballan tine firm had been recompensed that they wanted to again be paid for. John O. H. Pitney and John R. Hardin also argued on this point. Wear Tour heels straight with Aseheo baeb'a Heelatrates. Be, all rtealera.—A4t Grosser Kurfuerst, Racing to New York With 105 Sur vivors, Sends Message. CREW FOUGHT FOR BOATS TO LEAVE THE VOLTURNO Women and Children Pushed Aside, Says Man Picked Up by Carmania. ON BOARD THE STEAMSHIP GROSSER KURFl’ERST, AT SEA, BT WIRELESS TO CAPE RACE. Oct. 13.—With 105 survivors on hoard from the steamship Voltumo, burned to the water's edge during a gale in mid-Atlantic, and abandoned on Fri day last, the Grosser Kurfuerst is ap proaching New York. The passengers and crew of tha Grosser Kurfuerst witnessed soma thrilling scenes when thetr vessel, called by distress signals from tha Voltumo. arrived in her vicinity. “We found the Voltumo burning fiercely and her crew and passengers helpless In the heavy seas. It was learned by wireless messages from the flaming vessel that the fire had been started by an explosion in the forward hold at T o'clock on Thursday morning, ship's time. Fifty Killed by kiplodes. “On the arrival of the Grosser Kur fuerst the flames from the hold of the Voltumo were leaping eighty feet into the air through the hatchway. It was learned that fifty or more of tha Voltumo'* crew and steerage passen gers had been killed by the explosion and the fire. "Six boats were lowered imme diately afterward from the Voltumo'a davits. Three of them, still empty, were smashed to pieces against the v essel's side. One boat with forty passengers on board capsized while being launched and all were lost. The two others with from sixty to eighty passengers on board, got away, but apparently were lost in the moun tainous seas. Twelve Liner* tuner “S. O. Altogether. twelve liners were brought by the wireless distress sig nals within hall of the Volturno. The Cunard liner Carmanla was the first, of these. She rearhed the scene at about 12 o'clock noon. Then followed the Sydlltz. the Grosser Kurfuerst, the Kroonland. the New York, tho Devonian. I„a Touraine, the N’arru ga nsett, the Minneapolis, the Asian, the Rappahannock and the Czar. The sea was running too high to i allow- the taking off of the V«W-.trae a I passengers when the rescuing .res | sejs came on the scene. During the daytime the flame* from the hold of the Volturno were keDt more or less under control, but about 9 o’clock on Thursday night the Are reached the coal bunkers and it was found necessary to close the bulkheads The pumps thereupon were unable to work at full pressure and the flames broke out through ths entire forward part of the vessel. Thirty-two s«iet from Ses. At twenty minutes to 10 on Thurs day night another explosion oc curred on the Volturno and caused a panic among her despairing passen gers and crew. The Grosser Kurfuerst launched three l>oats and rescued thirty-two persons who had been washed into the sea. One of the rescuing lifeboats was out for six hours and was near ly lost. All those remaining on board the Volturno crowded together at th# after end of the vessel and were taken off safely after daybreak on Friday. Second Officer E. Elloyd, of the Volturno. was one of the heroes of the disaster. He fell from a height of twenty feet while repairing the wlre — Over 100 Delegates to Confer ence at New Brunswick—To Elect President. [«perl*kto the Newark Star. 1 NEW BRUNSWICK. Oct. 11—The thirty-first annual session of the New ! Jersey State Council of the Catholic Benevolent Legion Is being held in i the Eagles’ headquarters heer today. The delegates assembled at the con | ventlon hall and marched In a body I to St. Peter’s Roman Catholic | Church, directly opposite Rutgers I College, where a high mass was of ; fered for the delegates and members I of the council. There are over 100 ! delegates here represnting sixty | councils. After mass they paraded to I the hall, where President Edward G. Sanborn opened the session. Reports were read showing that ths } membership had increased In the past I year, making the total enrollment ! about 5.000. The feature of the afternoon’s ses sion will be the election of a suc cessor to President Sanborn. The supreme representatives her# are: Anton Rteines and James A Howe, of Newark; James Butler, su preme vice-president, and David Barry, of Jersey City: Alfred Hard ing, of this city; James DeCamp, of Englewood; John E. Dunn, of Boon ton. who is also supreme secretary, and the following State officers: Ed ward G. Sanborn, of Jersey Ctty, State president; John A Kearny, ot Freehold, vice-president; Daniel P. ‘ Byrnes, of Jersov City, secretary; James J. Lambrecht. of Jersey City, treasurer; George Schell, marshal. ! and Rev. Paul T. Carew, of Dover. State chaplain. There are about thirty council dole gates here from Newark. Pope Appoints U. S. Bishop ROME. Oct. 13.—Monsignor Edward Kozlowski. of Bay City. Mich., was 1 today appointed by the Pope to be auxiliary bishop of Milwaukee on the recommendation of Cardinal do 1-ai. secretary of the '-onslstorial con gregation. Rt. Rev. Joseph M, Koii dtlka. the present auxiliary bishop of Milwaukee, was appointed bishop ot the diocese of Superior.