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WATER BURY, CONN, WEDNESDAY. JANUARY 7, 1903.
PRICE TWO CENTS. VOL. XVI, NO. 27 LEGISLATOR Work oi organization uniy bus iness Done. GOVERNOR'S MESSAGE READ. Speaker Kenealy's Speech of Accept ance on Taking Up'the Gavel -Sen ate Called to Order by Secretary of State Vinal and Rollin S. Woodruff . of New Haven, Appointed Secretary Pro Tern. Hartford Jan 7. Abiram Chamber lain of Meriden, elected last Novem ber to succeed George P. McLean as governor of' Connecticut, was formally, Inducted into office with the othef members of the new state administra tion, to-day. The usual, ceremonies prescribed by long, custom were car-, ried out, the incoming and retiring ex ecutives and their staffs being escorted by companies of the governor's foot and horse guards to the capital, where they were received by the senate and house assembled In joint convention. Chief Justice Torrance of the Connec ticut supreme court administered the oath of office to the governor, who then read the message to the general assembly.. "The . message in full is printed on another page. At the conclusion of the reading of the governor's message the joint con vention was dissolved and both houses then adjourned. The state of ficials were escorted-back to the Allyn house by the military companies, and except for the governor's evening re ception the 4 day's proceedings were ended. ' '777 ': v In the general assembly, this year the republican majority on joint bal lot is 131. the senate having .38 repub licans and 5 democrats, and the house 337 republicans and 68 ; democrats. Th senate organized bv the choice of Rollin S, Woodruff of New Haven as president pro tem; Georsre E. Hinman of i Williraantic as clrkv wh'le Rev George W. Phillips of New Haven was elected chanlain. Michael Kenealy of Stamford, a former state senator, was chosen sneaker of th house, re ceiving the republican . vote. James II, Woodruff of Litchfield was the democratic nominee. ' Allen C. Bald win j of Derby and John A. . Spoffard of Bridgeport were elected respective ly clerk aijd assistant cWk of -the house, and Rev William H. Hayes of Andovrr chaplain. Hartford, Jan 7. Speaker John H. Light called the hoijae toorder at 10:20 this morning. Rev W. H. , Hayes of Ahdover, chaplain of the house, offered prayer. After the calling ofthe roll, Representative ' Michael Kenealy, re publican, from Stamford, was elected speaiser or tne nouse. uut or -as votes cast Mr Kenealy received 181, and the minority votes went to James P. , Woodruff, democrat, of Litchfield. Speaker Kenealy delivered the follow ing address: . , 1 After thanking the members of the house for their expression of ' confi dence, as marked-by his appointment, the speaker said: "It is my purpose to talk to you cbn- , J- - v K- ' J v L Jll l Ui. XllCX- tion. We are here, not alone by reason of jthe votes of our constituents, but also because we have, in some degree at least, desired membership In this body. Ours are, therefore, not merely imposed duties, but obligations volun tarily sought ' and assumed. ; Either consideration, in justice to the state, and In justice, to ourselves, should be sufficient to exact from us the full measure of our ability in the, work of legislation.; What a great English lawyer said of the British, parliament may well be applied to you. You are the, guardians of the constitution, the makers and repealers of the laws; dele gated to watch, check and to avert every dangerous innovation; to propose, to adopt and to cherish any solid and well weighed improvement; bound by every tie of nature and of honor to transmit that constitution and those laws, to posterity, amended if possible, at least without any derogation. We Biioiua at an times realize that the power of legislation is the highest trust xaaz a tree people can confer on indi- ; lduals. .' ' , . "The volume of its ennrtmpnfo af. fords no criterion from which to judge ui uie intelligent action of a general Hhfeemoi.y. (jrood-work is as frequently HCL-oinpusnea m the killing of bad bills as m giving life to good ones. The test to De applied to all proposed legisla tion should be, 'Is it. required in .-the public interest?' and if not so.requlred it should not be enacted. It will be your common experience before the close of the session that it is more diffi cult to say .."No' than to sav 'Yes.' When these occasions arise, bear in mind that you are the representatives of the state. and that upon you alone rests the' re sponsibility, not to be shared with any other. You will from time tn time Wo pressed and importuned to act upon measures of doubtful . consequence. Yow will make no mistake af such times in adopting a rule laid down by a great legislator, and which should be axiomatic in legislation, 'If vou don't know what to do. don't do it.' "The length of the sessions of this assembly has caused much comment, and, indeed, has frequently been the occasion of a refusal by good men to accept membership in it. In my judg ment the work that brings us together can well b3 accomplish efl within four months, and it is to this snject that I would call your special " attention in these considerations. "First. A last day being fixed tot the Introduction of business, nothing short of absolute and apparent necessi ty should allow of Its disturbance. The door once closed should not be again opened. .. "Second. When the time for the in troduction of new business has passed, Friday of each week should, as In the la st session, ' be devoted exclusively to committee hearings, with both morn ing and afternoon sessions. - "Third. The . committees should or ganize immediately after their appoint E IN SESSION TO-DAY. ment and, as business is referred to them, enter upon their hearings. All of the principal committees should sit as late as o o'clock in the afternoon. By principal committees, I mean those having the larger volume of business. You will find it much easier to have full hearings, with good committee at tendance, during the inclement weather of the winter and early spring than during the pleasant season. By making intelligent and seasonable assignments, of hearings. Avith proper notice to in terested parties, committee work should proceed with reasonable dispatch. "To my mind, the mission of a legislative committee is similar to that of a referee, appointed by a court, to carefully hear and examine and in telligently report the various - mat ters committed to it. In the very na ture of things, the general assembly 5s dependent upon its committees for its own intelligent action, and,, indeed, to such an extent that a great author ity is recorded as saying that they are in large measure the eyes and ears of the assembly. The late Thomas B. Reed, than whom not one was better qualified 'to speak, says in his book of rules; in discussing the nature and need of legislative committees: "Freed Lfrom the very great inconvenience of numbers, it can study a questyjn, ob tain full information, and pit, the proposed action into proper shape for Jihal decision. The appointment of a committee also insures to the assem bly, the presence during the debate of members who have made some ,ex aniination . of the question, and tends to preserve the assembly from ; its greatest danger, that of being carried away by. some plausible' harangue which excites feeling, appeals to sen timent and only 1 obscures reason. "I speak at-4ength upon this sub ject at this time because o the fact that nearly, if not quite, of the members of the house may reasonably bo expected to do committee work, and I know that it is the earnest de sire of this membership to perform their work as best they may. ' "Committee work, then, should be so conducted and I have full faith will be so conducted that it will inspire in this house a spirit of confidence that will go far towards making the work pleasant and agreeable and the action of the j general assembly of benefit and advantage to. the state. "Fourth WThile full and fair dis cussion Is always to be desired, we should remember that this is not a debating society and that the practice of talking merely for the sake of talk, or for amusement or entertainment, has never been encouraged in this branch of the assembly. The purpcle of the motion known as 'the previous question' is generally well , understood, and it may well be invoked after rea- sonable discussion hag , shed its light upon any given subject. "Gentlemen of the House of Repre-. sentatives: We are to-day, for the, first time, met under the shadow , of the flag of a state, small in area and limited in population, everywhere re cognized as among- the first in that sisterhood of states which, together, make the greatest pf all nations; great in wealth, great in power, in war and in peace, great alike in its intellec tual . developments and material pro gress, but greatest of all In the love and' devotion of a free people to that flag which is the symbol of its exist ence, floating to-day pn the continent and over the Islands of the sea. It was by! no wave of the wand of the magician, nor by miracle, nor yet by chance, that our little state of Connec ticut ; assumed or has maintained her present place. We have received a noble heritage, but with It comes pro portionate duty. .We are here, men from the hillsides, and men from the valleys, men from the quiet .of the country village, and others from the noise and tumult of the centers of in dustrial trade and commercial activity, met1 for a Common purpose, standing upon a, common plane. When, a few weeks hence, at the command of the' governor, the secretary, from this platform, makes his proclamation, 'God save the State of Connecticut,' and-the time shall have arrived for the handshaking and 'good-by,' let us hope that we will separate with the consciousness . of having so borne our part that the session of 1903 will be of pleasant recollection to the state and to ourselves. "I thank you again for your kind ness, and ask your forbearance and encouragement in the performance of the duties of the high office to which you have elected me. Mr Chairman. I am now ready to take the oath of office prescribed by law." - Secretary of State Charles G. Vinal called the senate to order at 10 o'clock. Alter the roll call the. oath of office was administered by Secretary Vinal. Senator Rollin S. Woodruff of Newlla- vtu, nur was ejected president pro tem, said that it was an unusual thine for a Connecticut senate to assemble not one of. whose members bad previ ously served as senator. "We have been called the freshman senate," said mt w oodruff, "but at the end of 'the session let us expect to be the masters of the situation.'' Rev George W. Phil lips of New Haven was elected chap lain. AUSTRIA-HUNGARY ALSO. Constantinople, "Jan 7. Great Brit ain's protest to Turkey against the permission granted last September for four unarmed Russian torpedo boat destroyers to pass through the Dar danelles into the Black sea under the oommerciel flag of Russian wfil, it is believed, be followed by similar ac tion X)j Austria -Hungary and by Italy. Germany and i'rance v.Ti remain aloof. Gerarhyls aloofness iaisi con sonance with her tradition policy not to embarrass the porte, w3ile France, naturally, abstains from act ing against the interests of her ally, Russia. . ARGENTINE CATTLE. London, Jan 7. The admissfjhn of Argentine cattle into the United King dom is awaiting only the drawing up of the regulations and their promulga tion in the gazette. EXPERIMENT SUCCESSFUL. Chicago Fire Department, Trying Use of Search Lights. Chicago, Jan 7. A successful test was made last night by City Electrician Eliicott of a new search light for tha fire department. The light was mount ed on the stern of the fire boat Illinois and a trip was made down the south branch of the river to Twelfth street and back to the foot of La Salle street, during which the powerful light wa3 thrown on' the warehouses on each side of the river. ' , The object of the test was to demon strate the value of search lights for lighting obscure alleys and courts and the interior of buildings In case of large fires. ' ' ON UNION MEN TESTIFY. Tell of Their Troubles During The CoaJ Strike. One of the Men Says He Was Knock ed Senseless While Riding on a Locomotive which Was Dynamited One Witness Said Strikers Blew Up a Dam. , Philadelphia, Jan 7. When the strike commission began its session to-day counsel for the non-union min ers "resumed calling witnesses to prove that union miners were respon sible for the alleged lawlessness in the anthracite region last year. E. C. Tif fany of Ashley, near Wilkesbarre, an outside foreman employed by the Le high & Wilkesbarre company, testi fied that strikers blew up a dam near the Ashley colliery with dynamite. Robert A. Read, outside foreman of No 38 colliery of the Lehigh & Wilkes barre Coal Co, testified that he was knocked senseless while riding on a mine locomotive which was dynamit ed.': !'' " ' '"' 7 George W. Jasper, a coal and iron policeman, employed at Stanton col liery of the Lehigh & Wilkesbarre Co, testified about the destruction by fire of the fence surrounding the prop erty and the partial ruin of a trestle outside the fence. TOR THE BLACK SEA. Russian Steamer to Take 8,500 Tons of Harvesting Machinery. Chicago Jan 7. The Russian steam er Baron priesen has arrived and will load 8,500 tons of harvesting machinery for the Black Sea, to be used by the wheat growers of southern ;. Russia, says a dispatch from New, "Or I6ahs to the Chronicle. The (machinery comes from Chicago factories. : On January 1 freight rates on machinery were raised to from 23 to 30 cents from Chicago to New York. The contracts were imme diately let for-shipment from New Or leans. ,'''"'-' '".'' ''' " , Tnree other big ships will sail during January and February for Russian ports, loaded with machinery., In all $2,500,000 worth of western machinery will be shipped in the four .steamers. DEWEY'S LATEST ORDER He Has Dispersed the Squadron- Coming to Washington. .; New York, Jan 7. According to the Herald's correspondent at Culebra Is land, Admiral Dewey having decided that the purpose of the concentration of the warships has been accomplished has issued orders that the squadrons disperse to their former stations. ; Admiral Dewey and his staff on the Mayflower and the Dolphin will sail Thursday for . Washington. . . The cruiser Albany has sailed for Boston, where she will be re-sheathed, and the cruisers San Francisco and Nash ville have left for Norfolk to undergo repairs. , STORM WARNINGS. New York, Jan 7. The local weath er bureau has received the following from Washington: "To Observer, New York: Southeast storm warn ings are displayed from Norfolk to New York. Storm of great Intensity central over Central Michigan, mov ing easterly. High 'southerly winds will prevail along the Atlantic to night, becoming dangerous on the New Jersey and south New England coast. The winds will shift to strong north west early Thursday morning. "HENRY." CONSUL M'LEAN ILL. Paris, Jan 7. Vice and Deputy Con sul General Edward P. MacLean is critically ill of acute pneumonia which began with a light attack of the grip a week ago. He showed no improvement to-day and his physicians held a consultation. Deputy Consul General J. Allison Bowen is absent in the United States on sick leave, leaving Consul General Gowdy with out any important officials to assist him at the most trying period of the year. STRUCK BY TRAIN. Middletown, Jan 7. In stepping from the track of the Valley division of the Consolidated road to. aro'd a freight train this afternoon Francis McLaughlin, aged 34, of New Britain was hit by a passenger train and re ceived probably fatal injuries. His skull was fractured and he was hurt internally. He was removed to the Hartford hospital. TRANSFER OF LAND. Little Falls, N. Y., Jan 7.-A deed was filed in the ' county cork's office to-day, whereby Dr W. Seward tfcebb conveys to W. J. ; Thistlewaite of Lit tle Falls 10,000 acres of land along Fulton Chain, Big Moose and other lakes in the Adirondacks. This closes all Dr Webb's realty holdings in . Her kimer county except Mehasne. pafc.. S SELLS VIOLINS. Brought Out in Cross Examina tion By Attorney Minor. Tompkins Says His Wife Made the Sale and Representative Lines Bought Two of Them The Hearing Was Closed To-Day After Several Legal Battles Between Opposing Counsel. ' ' . . ,. The inquiry into the financial con dition of George E. Tompkins, super intendent of the button department of the Scovili Manufacturing Co, was re sumed in the district court to-day be fore Judge Cowell. Attorney Minor, counsel for ; the pressing creditor, B. R. Kelsey, lost no .time in getting to the vitals of the inquiry. He asked Tompkins if he still has the two $250 and the two $25 violins in his posses sion, and witness replied that his wife, who owned them, sold the first two to Representative John Lines a few days ago for $100 each, and the, other two to Frank B. Tompkins last night for $20 each. Mr Lines , paid in check. Witness could not say what his wife did with the money, unless that she applied it to domestic uses. He was asked why she sold the violins, and he replied that it was on the advice of his lawyer.- He was asked the ques tion again and he made the same re ply. He I was then asked if he did not allow the sale on account of this Inquiry and he replied as before. The question was again asked and after some hesitation he said it was. It will be recalled that witness has several times stated that Kelsey was the .only creditor who "pushed him" and that most of . his endorsements were on his father's paper. Mr Minor produced a note this morning contra dicting this statement. He asked witness If E.; S. Bobbins had not sued him and the answer was in the affirm ative. He was asked if. O. G. Camp and P. B. Norton had hot got judg ment against him and he said he did not remember. His statement of his expenses was then gone . into."" It showed that some time ago he gave his wife ' $145. He did not know what his wife did with this money, but assumed that she "spent it on the house." This did, hot satisfy Mr Mi nor and he repeated the question. Mr Thorns objected and said that all this information is already, in Mr Kelsey's possession, that In fact Mr Kelsey knows more about Tompkins' business than Mr Tompkins himself. "Kelsey bought this clalm,"; went on Mr Thorns, "after, it was . outlawed and ever since he has persecuted him try ing t& collect it. .'But that It was an outlawed claim made no difference to Kelsey.. He has done all in his pow er to annoy this man.. He has even gone so far as to try to get him dis charged from his position in the fac tory. But he did, not stop there. He even tried to have him expelled from the Second; Congregational church. He has chased him night and day. Night, noon or morning he gave him no rest. As I have already' said. thls;was an outlawed claim .when Kelsey 'bought it. But Kelsey gambles in outlawed claims. He, is posing for the news papers In this case. Shylock was lftV erality itself compared to Kelsey. If all creditors were like Kelsey, God help the debtors. He is amusing him self by holding Tompkins' private af fairs up before the public The law was never enacted for such purposes as Keisey has used it. It was never meant to be used by gamblers in claims, for speculators such as he Is." Mr Thorns thought it was about time the case should end because if for no other reason than that Kelsey has all the Information he seeks m his pos session. The court remarked that he was get ting tired and that he would not , hold another session. Mr Minor replied that if the law protects such debtors as Tompkins he would try: to borrow $200,000, sign It over to his wife and leave his credit ors whistle, for their money while he would live in luxury. Judge Cowell , thought it was time to proceed with1 the case and' Mr Mi nor asked witness if he. knew , a Mr LePage.. Witness said he did, and in reply to another Question said he did not borrow from him $50, but that Le .Page gave him the money voluntarily "to keep for him." Mr, Thorns ob jected to further questions on this point, but Mr Minor claimed he had the right to proceed further and he was allowed. He then , asked wit ness if LePage had not asked him for the money and witness said he had not. Mr Minor then asked him if he didn't tell LePage that when he went to work in the factory (Scovill's) he was paid $1.25, and that when he asked for the money, for Mr Minor held LePage did ask for it. that wit ness told him that he was getting $1.75 now and he, ought to be able to spend $30. Witness replied that it was a notorious lie and that LePage never worked for $1.23. ' Mr Thorns said this was another of Kelsey's concoct ed schemes. Mr Minor asked witness if he was willing to pay weekly sums on Kelsey's claim. Mr Thorns object ed and after some discussion the Ques tion was withdrawn. This closed th examination. MUST PAY DUTY. San Francisco. Jan 7. In accordance with a ruling by the treasury denart- ment, the Commercial Cable Co will be called upon to pay duty, on the shore ends of the Pacific cable at the Midway islands. It Is exnected that the collector of customs at Honolulu will be directed to collect.the duty. TO INCREASE STOCK Jefferson City, Mo, Jan 7. The secretary of state yesterday issued St Louis" & . Suburban Railroad com pany of St Louis to Increase its capi tal stock from $3,000,000 to $7,500,000 and the St Louis & Merrimac River railroad of St Louis for an increase from $2,000,000 to $3,000,000. KM INJUNCTION REFUSED. Judge Cantrill WU1 Not Interfere With . Democratic Primaries. Frankfort, Ky, Jan 7. Circuit Judge Cantrill has refused to grant an in junction to restrain the holding of a state primary by the democratic party of Kentucky. Suit for an injunction was filed by State Executive Commit teonman Charles M.Meecham.but Judge Cantrill holds that Mr Meecham has no personal, political, pecuniary or . legal right involved in the action of the democratic state executivef committee in calling a primary to nominate state officers on May 9. The temporary re straining order to prevent the calling of the primary . was dissolved. Mr Meecham will , carry the case to the court of appeals. HADPOWDERJN HfcRSTOGKIKG i . ' ! . , , Revere Chier of Police Gives Im portant Testimony, " On Witness Stand To-Day in the Rich ardson Poisoning Case He " Told All That the Woman Coufidod to Kim When She ' Was First Placed Under Arrest. : Chelsea, Mass, Jan 7. Upon the re sumption of the Richardson poisoning ea se in the district court here to-day it , was expected by those interested that before night the question of prob able cause on the . charge that Miss Catherine V. j Richardson attempted to poison her aged mother, Mrs Harley Richardson, . would be decided by Jiitlge Bosson. . ' ; Chief Sackett, of the Revere police, upon whose Investigations depends tne cast; against Miss Richardson and who yesten'aj began his testimony, contin ued his evidence to-day. . He was tell ing, last night when court adjourned, about an interview which he had vrith Miss Richardson on Christmas eve.'af teffcer arrest. Taking up the story to-day he said that the woman, in answer to his question admitted that alt the Richardson property had been made cwr to her and that, although both her mother and brother had ask ed her to xeturn at least a part of.it, she had not done so. After this inter view Mrs Richardson, the mother, ca.me into the room. She said to the chief "you arev not clever enough to catch her, she is poisoning me right along , but" you will never be able to catch her." "' ;-;'; '' Chief Sackett said that on Decem ber 29, he i delivered to Dr B. F. Davenport the- powders found in Miss Richardson's stocking after her arrest. SCARE IN EAST END Over the Rumor of a Diphtheria Epi demic Out That Way. TTia residents of the eastern section of " the city, especially h those of ,Wol- cott street, are scared lest there may be an epidemic o diphtheria in that section. The cause of their scare may be gained from the following story: About two weeks since a little da ns?hter of Mr and ' Mrs Orrln J . Beers, of 266 Woleott street, becanae ill. Dr Lodge, so it is said, was sum moned and pronounced it a case of a severe cold. The . child's condition grew worse and in the absence of Dr Lodge, who was away, ' Dr Thurber, whnse office is ; in the eastern section, of the city, was called In and he pro nounced the- illness a case or some kind of tonsilitis. .; The child ' grew. worse1 and died about a week ago. A day or two after the child's death an other member; of the family, Nettie Beers, a student 1 at the High school, became ill, and Dr Lodge, who. was summoned, pronounced , it a case of diphtheria. " Now it is claimed that the erirl . who is now sick contracted the disease from the child that died. and that if one had diphtheria the other did. The doctors disagree up on this point. Each claims that his diagnosis ! of the case. While the first child was sick the house was not posted, and the other children were going to school. To say that the peo ple are scared is speaking mildly. One of the teachers reported the case to Health Officer Kilmartln. When the latter was asked In regard tothe mat ter to-day, he said that it Would be, im possible now to tell whether the child had. diphtheria or not without exhum ing the body and conducting an exam ination. "Of course the neighbors nat iirally believe that the first case was diphtheria, since the child now ill has that disease. " Naturally they; would feel a little alarm. The first I knew of the matter was when it was reported to me by a teacher at the Hendricken school. Dr Thurber if! positive that the child was not lilwith diphtheria." TWO HOURS FOR DEBATE. Washington, Jan 7. At the opening of the house' session to-day,. Mr Coop er of Wisconsin, chairman of the in sular committee obtained unanimous consent that the bill to promote the efficiency of the Philirjpine constab ulary be made a special order to-morrow. Two hours will be allowed for1 general debate. WILL PETITION POPE. Rome, Jan 7. The papal nuncio at Munich, Bavaria, has notified the Vati can authorities that after the Crown Prince of Saxony has obtained a ver dict in the civil court he will ask" the pope to annual his marriage. The ne gotiations will be conducted through the nunciature at Munich, as there is no papal representative in Saxony. THE DUTY ON COAL. Washington, Jan 7. In the senate to-day the resolution of Mr Vest di recting . the finance committee to pre pare and report a bill for removing the duty on coal went over until tomorrow-on a motion of Senator Al dridge. Mr Vest was absent to-day. The military bill rsss then taken up. COUNTING THE IN THE SUPERIOR COURT. Asked Leave to Amend in Case of Bol- 'ger and Hayes vs Railroad. The cases of Bolger and Hayes ver sus the Consolidated Railroad Co. for $2,000 damages took an unexpected turn early in the proceedings to-day. One of the ; witnesses for the defense testified that the train which ran into the ice wagon and caused the damage complained of, was twenty minutes late and was running at the rate of twenty miles an hour. This was a feature that was not included in the information and counsel for the plaintiff asked leave, to amend. The request was granted! and thirty ' davs were allowed for the defendant to file his -answer. This disposed of the ! business of ; the' term. The case of Madden versus McMahon : went oyer, owing to the illness of one of the par ties involved, the case of Mary Ryan versus the city has been settled, and the appeal t the mayor and the board of aldermen from the decision of the railroad commissioners, the Oakvllle bridge case, as it is known, has also gone : over, there being a prosnect of settling it outside court. 1 The divorce petition of Annie E. Smith versus Herman K. Smith, both of Nauga tuck, was .heard. ; Attorney Kennedy represented the plaintiff; de-r fendant was not represented. Intol erable cruelty was the 'ground of the action. The evidence was furnished by the plaintiff, her parents. Mary and William L. Richards, and Noble C . Austin, all of Naugatuck. n Three times the defendant deserted his wife. He frequently struck i her In the ; fa ce and various ether parts of thie bod v. He seemed to have an ungovernable temper. ; Plaintiff always maintained herself , and also often paid her hus band's board. She was employed In the woolen mill in Naugatuck. Once she was treated so severely, her fath er called Upon her husband , and gave him a licking. Noble. C. Austin, who boarded at her sister's house. , often saw plaintiff with the marks, of her husband's violence on her face. The petition was granted and plaintiff jfiv en her maiden name. . The court appointed Attorney E, L. Seery a commissioner of the superior court. State Referee Loom is, who yester day was appointed auditor In the case of Partree versus Atwood, has found he could not attend to the matter un til June, and this morning Attorney J. P. Kellogg was appointed Irji his stead. Court adjourned without date, i ; " Judgment was given the defendants in the suit of Walter L. Frisbie versus Perry C. Morris et al to recover ihelr costs. The court held that - inasmuch as the plaintiff did not appeal ; from the probate, court's decision in appoint ing a conservator over him he was not entitled to judgment now. There Is nothing left him to do now but ap peal to the superior court of errors. CITY NEWS; Joseph Stewart of Brtdgeport,former ly of this city, is renewing , old ac quaintances in town. r ' i " Frank M. Todd has petitioned the probate court to appoint a conservator over his sister, .Mrs Eveline T. Morris, 192 Prospect street. He alleges in capacity to! manage her property. ' ' All persons "who are exempt from military tax on account of disability should report to Post Surgeon Dr Kil martln before February 1. This does not include those who have already been exempted. 1 William Googins of Bridgeport was arrested this morning by Officer M. T. Sullivan on a Avr it of capias. Mr Goo gins failed to answer a'summons to ap pear as a witness in a trial held in the city court this morning. P The' funeral of Joseph Therrault,'who was' drowned Monday in the Oakville pond, took place this morning, with a mass ,of requiem at St Mary Magda lene's church by the Rev Father Tray nor. . .'.'; . '.. :v; .' : 7; :' 7 The familiar figure of John Bergin of -South Main street will be missed from Exchange place for some time. Mr Bergin left this morning , for Hot Springs, .Ark, on a trip for the benefit of his health.; His many friends hope that he will return from his trip with renewed health and vigor. There may be something doing to morrow relative to , the recent boxing bouts conducted by the ' Waterhury Athletic club in, the Auditorium. This evening the clergymen who have made themselves conspicuous in this affair will consult with their attorney and action will be taken according tt his advice. ' -77V'. List of letters remaining unclaimed in the postoffice: Miss Adella Brown, Joseph Dunne (2), Mrs Guil foile, Charles street, L. W. Hendricks, A. M. Hotchkiss, Mrs II. L. Jones, Gebrgiana Montneny, Edward Morri son. John McKeon, Miss Minnie Mul holland. Miss Lizzie Murphy, Mrs M. C. Mullin, Willie A. Ryan. - 7 Dr Maloney, who has been going to New York three days each week since the latter part of October, taking' a special course in diseases of the eye, at the Manhattan Eye and Ear hospital, will from now until March 1 hold office hours here on Tuesdays. Thursdays and Saturdays only. On ' Mondays, Wednesdays and Fridays he will hold evening office hours after 7:30 o'clock. The funeral of Mrs Catherine O'Don nell took place this morning from her late home on Baldwin street, with a mass of requiem at St Francis Xavier's church by the Rev Father Curtiu and interment in the family plot in Calvary cemetery. The bearers were Joseph Danaher, Thomas Sheri dan, William Finnan, Peter O'Donnell, M. D. Russell and John Kelly. The floral tributes included a pillow from the husband of the deceased; a pillow from her mother; wreath. William Mc Clure and wife; wreath, John McClure and wife; cross, Edward McClure and wife; basket of roses, Lizzie and Thom as noward. NSTABLE VOTE Some Surprises at the Contest ed Election Case To-Day. DONAHUE'S VOTE DROPPED OFF And Constable Lannon Had Fifteen More Than He Was Allowed-r-Col lector Thorns on the Witness Stand To-Day Explained in Detail the Rules of the Democratic Party. The Donahue versus Perkins et al election case was resumed this morn ing before Judge Gager .of the superior : court in the district court room. Ail the ballots were counted before 0 o'clock ; yesterday afternoon and the result ; was rather startling to coun sel for Donahue. In the election count Donahue and Walter B. Lannor were even, that is disallowing the Flanagan ballots, and Donahue being? the last r constable on the : ticket he was declared not elected, .which course followed out a rule of his party. The recount gives Lannon hiteeu more than he was allowed by the elec tion moderator, while it takes eighteen ' away from Donahue This is the fig uring of Attorney Root, counsel to Donahue. : Evidence was taken this morning. , It was 11 :30 o'clock this morning when court opened and Tax Collector Thorns wag pnt on the stand imrnedi'' ately. He testified that -the rules which governed the local democratic party were adopted in 1897 and since that time until the nomination of John H. Flanagan for registrar by the town convention, all registrars of the party were nominated under those rules. All conventions, committees and gather ings of the party were controlled by the rules. In . 1900 a slight' chango was made, the open ballot was adoptr ed Instead of the secret ballot in nom inating the registrar by the convention1 of office holders. This was the only change made. But several attempts were made to change or revise the rules. As to the convention which nominated Flanagan, witness did not know St there was any order in thai call for a convention that called foi action on the rules. All that . he could remember was that it provided merely for the nomination of the regular can didates., 7The rules, however, so tut as he knew were not submitted to tho democratic party. This was the sub stance of his ', testimony, whereupoa the case was closed. : Instead of making arguments coun sel will file briefs not later than next Tuesday and answers to each slxall-lo made to each other not later than the following Friday, whereupon the argu ments Will be filed with the court in writing. -.'!'-'. " ;::77::7, - i ;",.77.; 7,v; The question Jo be passed upon H the legality of the 'Flanagan ballots and the Hynes ballots. , Yesterday, In following out the ad vice of his counsel, Flanagan demand ed of Hynes the books of the office of registrar of voWs, and the demand was refused. Hynes suild he had no books .that the party owns. He has his own private list of voters, prepared at his own expense, etc, and these ha will not give up. ; This is merely a mat ter of form, for there will be nothing doing, in the office of registrar for an other month or two. IN HEAVY HARNESS. Trotting Races at Horse Shows To Be Tried That Way. : : .. New York, Jan 7. Arrangements are now being made to introduce next season a new style of ; trotting races for " testing and developing the .com bined speed1 and stamina of , the Amer ican trotting; horse. Briefly stated, the plan , is to have trotting races la heavy harness at the 7 leading horsa shows where the 1 tracks are large enough; and to make such races a feature of 'some of the principal trot ting meetings also. ' , .s The men who are behind the move ment purpose to Introduce races f or" runabouts, gigs, ; phaetons, breaks, coaches and other vehicles,, such as commonly used for pleasure driving, with' .full weight up, and with , toe weights, overdraw, checks and all oth er artificial appliances-.barred;r'7 .Tha horses will be required to" go various distances from one mile up to twelve or fifteen miles. SHE TOOK THE GOLD. A California Girl Gives Up Her Pros pects of Becoming a Countess. ' Oakland, Cal, Jan 7.-rWith the possi bility of becomoing a countess and the heiress of an .Italian nobleman,, Misa Florence ;I. Bruton of Alameda, ageJ 16 years, has bartered her inheritance rights for 6,000 in American gold. The exchange took place In superior Judge Ogdens 'court. Miss Bruton renounced her adoption by Countess Rusholl, wife of Henri Rusholl, an Italian nobleman, and the decree of adoption was an nulled, the young lady having accepted the offer of compensation made by the count.- '. " -'.; ' - :,- . IRON ORE RANGE FOUND. New York, Jan 7. It is announced in a dispatch from Sault Ste Marie that aij Iron 6re range, with 180,000,000 tons ofore in sight, has been discovered, and that a number of New York capitalists are interested in developing the deposit une or these capitalists acknowledged that he was Interested In the matter and said the discovery, was made a year ago, -but he declined to state the exac location of the range. i . SUMMER RESORT ON FIRE. Cassels, Col, Jan 7, The town of Webster, a summer resort five miles above Cassels in Piatt canon, has been destroyed by. fire. , ' A spark from a passing locomotive set the Webster hotel afire and soon the flames spread to adjacent barns and outhouses. "S A high wind prevailed and the hotel and all the other buildings were soon In rss. The total loss Is aot known. V V