The Brooklyn Daily Eagle from Brooklyn, New York • Page 1

THE BROOKLYN DAILY FOUR O'CLOCK EDITION. THURSDAY, DECEMBER 17, 1S96. VOL. 56. NO.

349. 14 PAGES. THREE CENTS. DE FERE TO RETIRE. EARTHQUAKE SHAKES BRITAIN.

HERRMANN DIES ON A TRAIN, ISLAND TRAINS SNOW BOUND, GETS SIX CENTS." and aground on each occasion. In 1761, on July 17, a similar phenomenon was observed at the same place. On September 16, 1864, at Kllmore, County of Wexford, the water ebbed and flowed seven times in two hours and a half. Such tides as these, which are not uncommon on the Wexford coast, are popularly known as "death waves," probably in consequence of the lives thac have been lost owing to them. Such tides have also been observed in other parts of Ireland and the northeast coast of England.

house signaling. Fortunately the high wind was not accompanied by a very high tide, or the sea walls of many summer places would have been descroyed. The Storm Causes a High Tide on the North Side. Flushing, L. December 17 The effects of the storm here are particularly noticeable along the shore front.

The northeast gale had the effect of driving the waters of the East river Into the harbors and bays, and the tides were much higher than usual. The meadows between Flushing and Corona were completely submerged. Early yesterday morning Street Commissioner Roulller got his men out to clear the cross paths, but the snow drifted so badly that they had to give it up. A gang of men was kept at work on the Flushing and College Point Electric railroad all night clearing the tracks, by means cf a snow plough. The wire broke In the morning, and It took several hour3 to repair the damage.

The storm impeded traffic to no little all the electric roads as well as the Long Island railroad. People who came home late by the Stelnway cars from Long Island City, were obliged to walk across the trestle in face of a strong wind. College Point, L. December 17 The blinding snow storm caused a dense fog cn the East river off here, and many large sailing vessels anchored In the harbor for the day. Many sound steamers were obllced to Almet F.

Jenks May Become a Partner of Grout Mayer. It was learned this afternoon that the law firm of Grout, De Fere Mayer has been dissolved by the retirement of Paul E. De Fere. It Is said that Almet F. Jenks will take the place of Mr.

De Fere. Charles H. Hyde, Edward M. Grout and E. C.

Mayer will at any rate remain. Mr. Hyde and Mr. Mayer refused to confirm or deny the rumor that General. Jenks will become a partner.

Mr. De Fere said that his retirement was for business reasons. He thinks he can do better by practicing his profession by himself. The firm was formed soon after Justice Gay nor's retirement from practice as a member of the firm of Gaynor, Grout De Fere, on his election to the bench 1895. THE CITY'S GAS BILLS.

City Works Commissioner Willis iB waiting for the bills of the gas trust for the year 180G. He has aBked for them, but they are not forthcoming. When he shall have received them he will comply with the request of the aldermen for information as to how much the city is indebted to the trust lor gas this year. PITTSBURG'S RINK BURNED. PROPERTY WORTH HALF A MILLION SWEPT AWAY.

Fire Caused by an Explosion Yale's Hocney Team Was Scheduled to Play There To night Pittsburg, December 17 The Casino Skating rink and summer theater, a magnificent pleasure resort in Schenley' park, was entirely destroyed by fire early this morning. The loss will approxi mate $500,000, on which the insurance is small. The Are was caused by the explosion of an ammonia cylinder, in the ice skating plant. Almost Immediately the entire building seemed to be a seething mass of flames, and in less than three hours the beautiful structure was in ashes. It was 2:15 o'clock when the explosion occurred.

The fire department responded promptly, but considerable time was lost in getting effective streams of water on the building, on account of the deep hollow which extends along the side where the fire started. The noxious which filled the interior prevented the firemen from entering the casino and fighting the flames from the Inside. It was not long before the flames enveloped the whole interior and soon burst from the roof in many places. By 4 o'clock the whole structure was burning. Hundreds of people soon assembled in the vicinity and gazed on the spectacle.

Shortly before 5 o'clock the Schenley park bridge caught fire and burned rapidly, but the firemen by strenuous efforts succeeded in saving it from total destruction. The Casino cost 300,000 Its equipment more than $100,000 more. The ice skating plant, which was the first thing reached by the flames, alone cast $30,000. In the rear of the second floor was stored the fine and costly scenery used in tho summer theater and this was soon devoured. It cost $40,000.

During the progress of the conflagration the bridge across the hollow was covered with people, and many were apprehensive that it would be unsafe. When the fire appeared at the eastern end of the balcony and communicated with the bridge there was a great scattering, and many of the spectators were cut off, and compelled to pass Into the park. aMnager James. Conant said the loss would exceed half a million. The building was "Insured Tor $75,000, and there was a small insurance on the contents.

A number of persons were slightly Injured, but none seriously. The Yale hockey team, which played at the Brooklyn skating rink last night, was to have gone to Pittsburg to day, but the destruction of the rink by flr will cancel their engagement. MRS. WHITE IS FREE. HER HUSBAND SUED HER FOR DIVORCE, Naming W.

Lock wood, a Wealthy Brooklynite, as Corespondent She Brought Counter Suit and Won. (Special to the Eagle.) Trenton, N. December 17 Mrs. Henry D. White, who formerly lived in the fashionable Alhambra apartment house, Nostrand avenue, Brooklyn, has just been granted an absolute divorce from her husband.

Dr. H. D. White, who some time ago was a well known physician in Brooklyn. The suit was a remarkable one in that the doctor brought the action against his wife, and named George W.

Lockwood, a. wealthy resident of Brooklyn, and owner of the Alhambra apartment house, as corespondent. In the petition for divorce Dr. White said that when he married his wife she was the alleged adopted daughter of Mr. Lockwood, and it was cn account of the extraordinary attention and affection the latter displayed toward this adopted daughter that induced Dr.

White to begin suit. On the trial of the cause not long ago, before Vice Chancellor Pitney, sitting In Jersey City, it was discovered that Mrs. White hadj ttuswKrwi uj truss uiu, auu uoiu suns were tried together. It leaked out during the testimony that the name of Dr. White had been connected with that of a 'trained nurse in a Brooklyn hospital.

For these reasons the vice chancellor has filed a decree in the court in this city giving Mrs. White her freedom and the custody of the child, a bright little boy of 4 years of age. So far as Mrs. White was concerned the testimony did not reveal any Improper relations with Mr. Lockwood.

50,000 REBELS AT CAVITE. London. December 17 The Times dispatch from Singapore says that tho Spanish troops in the Philippines have been withdrawn to Manila and that there are 50.000 rebels at Cavite. The situation is serious and a European protection committee has been formed at Manila. LASHER'S SEVENTH GAME.

Moscow, December 17 The eleventh game of tho championship chess match between Stoinitz and Lasker, a queen's gambit declined, was won by Lasker after sixty six mores. Present score Lasker, Steinitz. drawn, i. DADY'S FIFTH CONTRACT. City Work Commissioner Willis to day awarded to Michael J.

Dady anothor contract for $2,000 for cleaning ponds connected with the city's water Bupply. This is the fifth contract for work of this jjnd which Mr. Dady has received. REMOVING THE SNOW. Commissioner Willis to day awarded contracts aggregating $10,247 tor the removal of snow from a number of tho principal streets of the citv.

BEQUEST TO A CHURCH. The will of James H. Pratt was filed in the surrogate's court this morning. He leaves 837.000 to relatives. There is a bequest of $600 to the Central Congregational church.

COURT OF APPEALS. Albany, December 17 The court of appeals calendar for to morrow is No. 787, 768, 729, 755, 760, 762, 763, 764. Buildings Sway, Chimneys Topple Over and a Panic Ensues. A WOMAN DIES OF FRIGHT.

The Area of the Disturbance Takss in. Many Towns Several Persons Thrown Out of Bed by the Shook. Cheltenham, Ledbury and Dean Forest Sutfer the Most London Scarcely Feels the Earthquake. London, December 17 An earthquake, the most violent ever experienced in Great Britain, has shaken every shire from Durham to Surrey and Irom London to the Welsh coast. The subterraneous disturbance was first noticed at about 5:30 this morning.

It lasted from four to thirty seconds, and at many points two distinct shock were experienced. The most severe shocks were felt at Cheltenham, Ledbury and Dean Forest. The earthquake was accompanied by a loud, rushing sound. Buildings were violently shaken, furniture was shifted, doors were thrown open and pictures and other ornaments were upset. The inhabitants were panic stricken, and fled from their houses.

The earthquake also visited Birmingham and various points in Shropshire, and was violent in Worcester and the country surrounding that city. Houses rocked and furniture was overturned. The shocks were followed by a tremor of the earth and were accompanied by a rumbling sound. No serious damage is reported, but the greatest alarm prevailed everywhere. Chimneys were overthrown and win daws, were smashed.

At some points persons on the country roads, who were going to work, were thrown down, and a number ot people were thrown out of their beds. Hereford cathedral was injured by the severe shock felt at that place. There the dull rumbling beneath the earth's surface was followed by two terrific crashes and a terrible lifting and rocking. The panic at Hereford was so great that ore woman died ot fright. People rushed wildly into the streets.

Many chimneys fell, crashing into the thoroughfares and all the pinnacles of St. Nicholas' church toppled over and part of the pinnacle of the cathedral fell to the ground. At Liverpool the earthquake was preceded by heavy thunder and a fearful hail storm. In London the earthquake was only slightly felt. A singular phenomenon occurred at Bridge north, near Shrewsbury, previous to the disturbance.

The streets suddenly seemed to be on fire and there was a violent report, accompanied by earth shaking. People who were going to their work in that vicinity say they were, for a time, unable to walk owing to the vibration. There was great excitement among the rustics about Poole, who thought that the end of the world had come. Houses shook for nearly a minute at Bristol and Clifton, causing much alarm in those districts. The railroad employes at Crewe report that they felt the rails oscillate, and at Eve sham the earthquake shock was followed by a brilliant light in the sky.

Up to Tuesday, the weather in England was unusually mild; but on Tuesday there was a sudden change to severe frost, which was followed by dense fogs and snow on Wednesday. In the mining districts it was at first thought that' the shocks were the results of colliery expl oslons and this belief prevailed for some time afterward. The disturbance was experienced with great violence at Warwick castie. The Earl of Warwick was awakened and feit his bed lilted as though by some force beneath it. The furniture in his room was shifted.

The inhabitants of Slough were awakened by a shock so severe that they thought the Middlesex powder factory had exploded. A large area of ground sank near Stockport and at Melton Mowbray the noise which accompanied the earthquake shock resembled a discharge of gun powder under water. Many curious experiences are reported in connection with the earthquake. British Earthquakes in the Fast. The British islands and the Northern islands, which are England's possessions, have been remarkably free from earthquakes, as compared with continental Europe.

Neither has any of the visitations been of a very serious nature. The following record, compiled up to 1886, shows the number of earthquakes occurring in each century In the British and Northern Isles: Eleventh century, twelfth century, 11; thirteenth century, 15; fourteenth century, fifteenth century, sixteenth century, seventeenth century, 14; eighteenth century, 63; nineteenth century, 108. This century has shown for the BrltiBh isles the following distribution of earthquakes by months: January, February, March, 10; April, May, June, July, August, 11; September, 12; October, November, 11; December, 12. In the year 1760, which was known as earthquake year, shocks! were felt in England as follows: March 14, in Surrey; March 18, in southwest portion of England; April 2, in Chester; June 7, in Norwich; August 23, in Lincolnshire; September 30, in Northamptonshire. On two of these occasions shocks were felt simultaneously in Italy.

In the year 1833 shocks were felt simultaneously in England and Peru. It has been noted that the disturbances which have shaken London In the past appear to have been chiefly in an east and west direction or along the valley of the Thames. in Scotland, has had a peculiar earthquake experience. In 1839 40 no less than sixty shocks were felt in eleven months. In 1842 43 about thirty shocks were felt, and in the following year thirty seven.

Since that time the number of shocks has decreased until now they are almost of as rare occurrence at Comrle as in other portions of the British isles. The British isles have also felt tho effects of several tremendous sea waves, commonly supposed to have been due to earthquake disturbances. On March 2, 1856, at 10 A. tho sea rose and fell for a considerable distance ac many places on the coast of Yorkshire. At Whitby the tide ebbed and flowed six times per hour to such an extent that a vessel In the harbor was alternately afloat steam ttacrs Can Save iHoncy by Bujrinjr Our coal.

Kelsix Loudm ovins and Douglass ta. Adv. The Noted Magician Succumbs to an Attack of Heart Failure. KNOWN ALL OVER THE WORLD He Came From a Family Noted for Its Skill in Legerdemain Appeared, in This City a Few Weeks Since and Had a Fine Country Residence Near Whitestone Started a Theater Here Some Years Ago. Rochester, N.

December 17 Alexander Herrmann, the magician, died at 11 o'clock this morning in his private car, at Great Valley, six miles this side of Salamanca. His car was attached to the Buffalo, Rochester and Pittsburg train No. 1. He was on his way to Bradford. The car was cut off the train at Salamanca and the remains will be forwarded jo New York.

Herrmann completed an engagement at the Lyceum in this city last night and had later been entertained at the Genesee Valley club by a number of his friends. Death was caused by heart disease. Mr. Herrmann seemed to be in good health when he entered his ear at 7:30 o'clock this ALEXANDER HERRMANN. The World Renowned Magician, Who Died Suddenly To day.

morning, but when the train approached Eli cottville he complained of being ill. The train was held at that place for thirty five minutes, while a village physician was summoned. Life was extinct, however, before the doctor arrived. Mrs. Herrmann and the few people who comprise the company were with the magician when he was taken ill.

They were horror stricken at the sudden attack and were almost beside themselves with grief. Mr. Herrmamnr "ha3 been' subject to "heart trouble tor a few years. One of the members of the company said that he had complained of a pain In his heart at the recent New York horse show. The company will accompany the remains to New York by the Erie railroad this afternoon.

Alexander Herrmann was born, in Paris in 1844. He came from a family celebrated for Its skill in legerdemain and magic. When about 25 years of age he came to this country with his brother, Carl, who at that time was regarded as the most noted magician in the world. The brothers appeared at the Academy of Music in New York in 1860, and played for seventy five nights to crowded houses. They then made a tour of the world, after which they severed their business relations.

In 1867 they formed another partnership and made a successful tour of this country, after which Carl retired from the show business. Alexander then traveled all over Europe and South America and in London he appeared at the Egyptian hall for one thousand consecutive nights. He came back to America in 1874 and two years later became a naturalized citizen in Massachusetts. Since then he has made his home in this country and has appeared in every city of any importance. Carl died in June, 1888.

Alexander Herrmann had a country residence near Whitestone, L. I. It is a well appointed place, and he maintained a yacht and a number of thoroughbred horses. Some years ago he secured the property on Fulton street where the Liebmann company is now located, and began operations to construct a high class theater. He became involved In Ifinancial difficulties, however, and had to dispose of the building before it assumed any substantial proportions.

He has made and lost a number of fortunes. He appeared at the Columbia theater in this city two or three weeks ago. rOR SENATOR, H. McLAUGHLDT. NOMINATED BY THE HON.

T. DRY DOLLAR SULLIVAN, Willing to Bet That the Democratic Senators Will Vote for Him. Praise for Woodruff. Senator Timothy D. Sullivan visited the sheriff's office tills afternoon and during his stay said that he Intended to vote for Hugh McLaughlin for United States Senator to succeed David B.

Hill. Some of these who heard the statement doubted the sincerity of the senator. Mr. Sullivan said, in answer to their doubts: "I want you to understand that I am not fooling when I say that I intend to vote for Mr. McLaughlin.

What is more I am willing to make a bet that the Democratic senators in caucus agree on Mr. McLaughlin's name for the office. We will not vote for Cantor, Grady or anybody else outside of McLaughlin. More than that he is the best man the Democrats in the senate can present. He is a loyal Democrat and when other leaders last fall ran away from the candidate for President Mr.

McLaughlin stood by him and the platform which was adopted. That is one reason why I am for him. Further I wish to say that the men who were In the Democratic party and ran away last fall Willi be heard of no more in politics In this state." Mr. Sullivan was much interested in the fight which will be waged in the county tonight between the followers of the Worth and Willis factions. Speaking of the lieutenant governor elect, whose name was dragged frequently into the conversation, Mr.

Sullivan said: "I hear Woodruff is many kinds of a good fellow. They tell me he can draw a check with either hand and that both are equally good. We will all know him better after the session." MARKET WOMAN'S FORTUNE. Paris. December 17 The big prize in tho Panama lottery, amounting to $100,000, has been won by a Marseilles market woman, tho widow Boissiere.

O'Brien, Furniture and Carpet Scalers, 1,299 Broadway. Formerly witn B. F.Co. Adv. Passengers Spend a Night in the Drifts at Shinnecock Hills, BRIDE AND GROOM AMONG THEM.

Provisions Secured From the Neighboring Farm Houses The Travelers Released To day and Transferred to Southampton in Sleighs The East End Cut Off Roads All Over the Island Filled With Packed Sno Drifts. Southampton, L. December 17 The tracks of the Long Island railroad hereabouts are thoroughly blocked with snow. The 2:52 west bound train, the train due here at 4 o'clock yesterday afternoon and four additional engines sent to her assistance, were snowbound on Shinnecock hills until 1 o'clock this afternoon, only the smokestacks showing above the snow. The train due here at 6:30 last evening was stopped at Patchogue and returned to Long Island City.

It is doubtful if traffic will be resumed for several days. Meantime the people on the east end will be literally shut out from the rest of the world. The passengers on train No. 2:52 passed the night in the train on Shinnecock hills. The train hands went to nearby farm houses and procured food and drinkables.

This morning many sightseers drove over to the hills and witnessed the novel sight of the snowbound trains. Among the party were the parents of Mr. and Mrs. James A. Hildreth, who were married yesterday afternoon.

The newly married couple were passengers on the train which left here at 2:52 P. and were obliged to spend the first night of their honeymoon in such a strange predicament. Snow plows were put to work endeavoring to clear the numerous cuts along the railroad in this vicinity. There is one cut at Water Mill which is twenty feet deep, and filled level with snow, and it is thought it will take at least two days to remove the snbw which is packed in the cut as hard as stone by the wind. The west bound mail train, which was released this afternoon, went on its way to Long Island City.

The snow plow this afternoon received orders to proceed east from Southampton to Amagansett. There are a few heavy banks east of Southampton, but it is thought that Wednesday morning's mail train will get through to Amagansett before dark. Bride and Groom the Merriest of the Party. The passengers on the stalled train became so pronounced in their complaints that Conductor McKeever dispatched a train hand to Southampton station with a message to headquarters in Long Island City, inquiring as to what should be done in the matter. Word was received from the superintendent to have the passengers taken from the train and conveyed to a hotel at Southampton.

Seven two horse sleighs were engaged for the purpose and were soon on their way to the train, but upon reaching these the passengers decided not to leave the train as the conductor had informed them that they might soon get out and they decided to wait in the train a few hours longer. The merriest of the entire party were the bride and groom, Mr. and Mrs. James A. Hildreth, who the afternoon before had been united in marriage and were on their way to Washington.

The train got stalled at 3 in the afternoon at a point nearly opposite the Shinnecock hills golf club house and the drifting snow soon filled in about the cars until it reached the windows. The crew of the train endeavored to pacify the anxieties of the alarmed passengers, with the hope that a snow plow would soon be at the scene and extricate them. It seems that during the afternoon a snow plow had been sent out from Patchogue to keep the track clear, but this also got stalled early in the evening. A special engine was sent out from Sag Harbor to help the train which is now stalled on Shinnecock Hills, but when she arrived where the train was she also got stalled. Word has been received that the snow plow has freed itself and is now endeavoring to reach the scene of the stalled train and engines, but owing to the immense quantity of snow which has filled the cut where the train is it is doubtful if the train will be pulled out before late to night.

Westhampton, L. December 17 The snow storm of Tuesday night, and which raged all day yesterday, is the most severe since the blizzard of 1888. Snow fell to a depth of thirteen Inches on a level, and drifted to a depth of eight feet in places. No trains have been run since 11 o'clock yesterday. The Sno Plow Attempts to Raise the Blockades.

Good Ground, L. December 17 The heavy snow storm has blockaded all travel on this end of the island. The train due here at 3:06 P. M. yesterday still lays in a snow hank 10 or 12 feet deep and 600 feet long, half a mile east of Shinnecock station.

Of the seventeen passengers on board four walked to Good Ground this morning and the balance were taken to Southampton by sleighs, at the railroad company's expense. The Greenport and Sag Harbor accommodation, due here at 4:06 last night, reached here about 7 o'clock and could get no further on account of the west bound train blocking the track. Six passengers were on hoard this train. The evening train, due at 6:14, was abandoned at Patchogue. The Long Island railroad is doing all it can for the comfort of these passengers.

The snow plow passed through here at 3 o'clock this morning going to the relief of the stalled train and at 11:30 o'clock two engines with a gang of men passed here going to their relief also. The engines had to buck three good sized snow banks just west of Good Ground and they were soon buried from sight entirely by the snow. About forty men are now at work on this big bank and another large gang is on its way from the west to help them. It is expected tha't the block will be raised late this afternoon. Mail Carrier Tabor's Experience in the Drifts.

Greenport, L. December 17 Mall Carrier Egbert W. Tabor, who carries the mall between Greenport, East Marion and Orient, had a fearful experience last evening in the blizzard. He left Greenport with the mails which arrived on the belated train at 4 o'clock, accompanied by a single passenger, George Edwards ot Orient. When Mr.

Tabor arrived on the beaches he found the snow was piled in drifts twelve feet high. He tried to urge the horses through the drifts, but they were unable to master the drifts. Mr. Tabor and his passenger jumped out into the snow banks, which were nearly up to their necks. They worked like horses to make a path and they finally succeeded in getting through and Mr.

Tahor deposited the pouches at the Orient post office about 6 o'clock. He says it was the worst experience he has ever had during his twenty four years of service as mall carrier. In shipping circles no damages as yet are reported, except that of the schooner Ella, which broke from her moorings at Orient wharf and threatened to run ashore during the night. All hands were asleep on board, but luckily awoke in time to get an anchor overboard and save the vessel. Great Neck, L.

I. December 17 The storm has filled the highways here with snow, which has drifted from three to five feet deep In many places and blocking travel altogether along the new or steamboat road, being piled for an eighth of a mile even with the tops of the five rail fences on either side. The sound steamers were many of them stormstald in Manhassett bay. The air was filled with their tooting and the light Eesult of the Priest's Libel Suit Against the Eagle. THE JURY'S PROMPT VERDICT.

Plaintiff's Lawyer Taxed Justics Goodrich's Patience to the End, Taking Exceptions to Almost Every Sentence in the Charge to ths Jury, Which Ha Took Down in Shorthaud The Summing Up of Counsel for Both Sides. The Last Day's Proceedings. The jury in the suit of Father McDonald against the Eagle for libe! at 2 o'clock today brought in a verdict awarding the plaintiff damages to the amount of 6 cents. They retired at 1:10 o'clock, the court immediately taking a recess until 2. The foreman returned the verdict and Justice Goodrich accepting it said: "The court and the public are indebted to you for your services and you are now discharged with thanks." Mr.

O'Neill immediately moved for the setting aside of the verdict. His request was denied and he obtained thirty days time in which to make an appeal. He then asked for a poll of the jury, which resulted in the confirmation of the first announcement of the verdict. Father McDonald sat perfectly still with his head craned forward when the verdict was announced. The verdict is a victory for the defendant.

It does not carry costs. Mr. O'Neill finished his summing up for the plaintiff at 11 o'clock this morning. The court consumed half an hour in charging the Judy. Mr.

O'Neill had taken the charge in shorthand, and, running through his notes, he began taking exceptions to nearly every sentence in the charge. He was not permitted by the court to make any arguments, and this resulted in tilts between judge and counsel that ended in the former threatening to put the attorney in the custody of a police officer if he persisted in his offenses to the court. After consuming over an hour and a quarter In taking exceptions Mr. O'Neill began to read requests for sixty eight more charges by the court. A 2 o'clock, therefore, the plaintiff's counsel was not yet through and the jury waited.

The court charged that a verdict must be given for the plaintiff, as one item was not answered by defense. Lawyer Dykman Summed'Up at Yesterday Afternoon's Session. Lawyer Dykman summed up for the defense yesterday afternoon. Lawyer O'Neill asked for an adjournment before closing his side, but Judge Goodrich decided that the case had taken entirely too long already. "You are right, your honor," exclaimed one juror, jumping to his feet, "and we are willing to stay all night to finish it now." At the close of the examination of Father Hill, who stated that he "prevented a sacrilege at the risk of his life," Dr.

Thompson took the stand and testified that he examined Father Hill after the affair at the church and found him suffering from severe wounds on the neck and back of head. Senator Daniel Bradley said that so far as he knew the plaintiff did not appear at the Lexow meetings in an, intoxicated condition, did not disturb the hearings. Mr. Dykman then proceeded to sum up. He explained to the jury that in a like case the province of court and jury differed! from their province in any other case, inasmuch as there is no action except libel in which the jury is at once judge ot the law as well as of facts.

In part, he said: "We suggest that he (the plaintiff) was Insane. We have not proved that he was insane, but we have not libeled him any more than does the counsel's words of a man on trial for his life libel him when he interposes the plea of insanity. The intimation, the statement or the suggestion that this man was insane was made to defend him, to excuse his act, and so it does not hold him up to scorn. The thing everybody, court aad counsel, has talked about is malice, a. desire to harm, the evil intent of the article, if there is any.

Was there any evidence of malice in the article? A man had been arrested and taken into custody after an assault at a church, and the newspaper published an account of it. It might be called police news almost. Has not the Eagle a right and duty to publish news of that character? Here is the case of a man who conducts a public service, who stands up as a guide, and teacher, and in a public place assaults and beats another man. It ha3 developed in cross examination that the Eagle newspaper went to Father Hill, the pastor of the church, and received from him a. quiet account, ending with an apology for the man who had beaten his head until it was hlack and blue." The counsel then referred to the Washington article and to a picture of the alaintiff which the Eagle had refrained from publishing.

Mr. Dykman then asked why it was that the plaintiff did not deny his presence in front of Madelaine Sinclair's at midnight, as testified to by Witness Stryher, and why plaintiff's counsel had begged to have all this testimony stricken out, yet had not given his client one chance to deny it, or the conversation with Kelly, the invitation to drink, and the testimony as to drunkenness, at Washington. The Lexow reference was not proved by the defense, he admitted, and It was presumed to be false. "His honor will charge you, doubtless," the counselor continued, "that that entitles plaintiff to one or six cents damages, but not one cent more, his honor will charge you, if you conclude that the character of this man is such that he deserves no more. You can send! him from this room, and I am going to ask you to do this, with your contempt so plainly marked on him that no certificate of any authority will wipe out the mark.

The law says there is such a thing as contemptuous damages. All the time I am reminding you that we have established everything else. And bear this in mind, gentlemen, if we have established that much we have established that he has come into this court of justice with a lie on his lips; not only has ne violated tne sanctity or the altar of St. Paul's, but he has come into a place hardly less sacred than St. Paul's and has equally violated the sanctity of a temple of justice.

If this is true, I want to draw the line between six cents and one, and not one more than one cent should be given to him. If that doesn't measure your contempt I ask a verdict for the defendant. Now, I want to picture to you the scene on the altar that Sunday morning. I want you to remember that the plaintiff himself said 'a priest on the altar is another I want you to think what that means. What meekness and humility should have been the part of the man who ministered at the altar that Sunday morning." Mr.

Dykman then rehearsed the scene on the altar, as brought out in the testimony, speaking of the quiet manner of Father Hill and the actions of his larger assailant, his use of the word scoundrel, plaintiff's admission that he pushed the father out of his way, etc. "Why, one of his own witnesses said," continued Mr. Dykman. "that the plaintiff hit Father Hill with his open or closed hand and then, as a last question to one of his witnesses, Mr. O'Neill asked: 'Did you hear anything and the answer was: 'I heard someone say, "Are you going to kill the man?" Why, gentlemen, did that somebody in the congregation say, 'Are ycu going to kill the Why did the wives of one or two witnesses faint and an usher carry out a young girl while this one voice said, 'Are you going to kill 'the Why, because ot the blows of the flat of this six foot six priest upon this prostrate man." Mr.

Dykman then rehearsed the testimony given by Stryher, Kelly and Calvert about the demijohn and bottles of whisky, the trips of the father to the race track, the Interview with Continued on Page 4. DE WITT'S REPORT READY. It Is understood that William C. De Witt, who has been chiefly instrumental in drafting the greater New York charter, has completed a report of the work on behalf of the committee on draft for the full commission. It recites the important features of the charter and will accompany the presentation of the latter to the commission when it meets a week hence.

It Covers about twenty typewritten pages. SWITZERLAND'S PRESIDENT. Berne, 17 M. Deucher of Thur gau has been elected president of the Swiss republic, and M. Kuffy, of Lausanne, was elected vice president.

Both president and vice president elect are radicals. The federal councillors wore re elected. WEEQKED A SLEEPING CAE, ITS SOLE OCCUPANT HAD ARM BROKEN. HIS A Niagara Falls Train Crashes Into the Lehigh Express at Buffalo. Buffalo, N.

December 17 While the incoming Lehigh express train due here at 8 o'clock was standing at the Louisiana street crossing, delivering an express car to the Lake Shore, the Niagara Falls train, due here at 8:10 o'clock, crashed into the rear car, which was a sleeper, and wrecked it. Fortunately the sleeper contained but one passenger, the Rev. W. S. Hubbell of this city, who was thrown violently to the floor and had his left arm broken.

W. B. Hayden of Oswego and B. N. Townsend of Philadelphia, both express messengers, received internal injuries and are now at the Accident hospital.

Charles Jones, porter of the sleeper, was bruised but left for his home in Brooklyn later in the day. PIERCE WILL NOT GET OUT BEFORE HIS TERM AS INSURANCE SUPERINTENDENT EXPIRES. He Will Occupy the Office for the Full Time Speaks of His, Possible Successors The report that State Superintendent of Insurance James F. Pierco was to retire a month or more before the end of his term to allow Mr. Louis F.

Payn to. get his toes warm early in the position was denied by Sir. Pierce when seen by an Eagle reporter this afternoon. He said "I am engaged in making np my annual report and am very much occupied in dome so. The preparation of that document, including so many important figures and involving such vast interests, in which tho state is concerned carries with it a great deal of labor.

I see no reason for retiring from my official position before my successor is appointed and confirmed. I have heard that Mr. Payn's name was mentioned connection with the office and have understood that that gentleman could have the position if he desired it. My term of office expires some time tabout the middle or latter part of February next, I am not certain as to the exact date. I waB appointed superintendent of tho insurance of the Btato of New York for the Second term, three years ago and I have not thought of vacating the position, as I have already indicated, until the expiration of the full term." "Have you heard that Mr.

Payn is likely to be appointed?" inquired the Eagle man. "It is simply a rumor that 3lr. Payn has received assurance that he could have" the office if he desiied it." STRIKING ITALIANS RIOT. A Gang Destroying Property Along the Erie Canal. Syracuse, N.

December 17 A strike is on at the work on the Erie canal west of this city. This morning about 200 Italians decided to riot. Arming themselves with pick axes they started at Geddes at 9 o'clock on the contract of McDonald Sayre of New York, near Gere's locks and worked their way westward. The most intense excitement prevailed as the men broke wheelbarrows and the plank runways and induced or rather Intimidated workmen to quit work. They went to the work being done by John Dunfee Co.

and further on by Belden Seeley, who are sub contractors under Dun fee and induced the workmen to quit. So far as they have gone, they forced the men to quit. Complaint was made because the men were not paid. The strikers declared their intentions ot going over the entire contracts mentioned, which cover fifteen miles. Sheriff Austin has been asked to send a posse to suppress the riot and It is understood that he has sent a deputy to overtake the Italians.

Criminal Deputy Sheriff Kratz left the scene of the strike at 2 o'clock to come to Syracuse and swear In deputies to protect the men on the work and the property of the contractors. Serious trouble is reported at Warner's at 2:30 o'clock this afternoon. The strikers have organized and armed with clubs and shovels HORR SLIGHTLY BETTER. Plainfield, N. December 17 Ex Congressman Horr, who has been seriously ill with an attack of acute bronchitis since the mfddlo of November, aggravated by a long standing case of Bright' a disease, at his home in this city, is slightly improved this morning.

The attending physicianB do not give much hope, however, for his ultimate recovery. MR. AND MRS. McKELWAT IN PARIS (Special to the Eagle.) Paris, France, December 17 Mr. and Mrs.

St. Clair McKelway of Brooklyn arrived in Paris to day from England. They are registered at the Hotel Brighton. FRENCH DRAMATIST DEAD. Paris, December 17 The doath is announced of Viscomte Angusto Margon, a dramatist and famous as a rival of 'Victor Hugo.

GERMAN BANKER SLAIN. Tangier, Atorocco, December 17 A German banker named HaesBner was murdered yesterday evoning cIobo to the town gate. A Dozen Raw Witli Cook's Imperial Extra Dai Chaxfaone is an after theater thought. Adv. anchor off Whitestone.

The fog horns and bells kept up a constant din, but not a moving vessel could be seen anywhere on the water during the fog. The tide was phenomenally high and all the docks along the water iront were submerged. The ferryboats of the New York and College Point ferry wer tcssed about like cockle shells, and experienced much difficulty in making landings. No serious damage is reported from this neighborhood. Newtown's Village Schools Closed by the Storm.

Newtown, L. December 17 The heavy storm has practically put a stop to everything in the town. The trolleys only run at Intervals. The Stelnway line is crippled, on account of the high drifts at Elmhurst. The roadways throughout the town are drifted in some places as high as six feet, which makes traffic impossible.

Very few people have ventured out, and the business men are doing no business at all. All business in the court Booms and clerk's office has been suspended. The schools in the village closed shortly after they were opened, as there were no scholars in attendance. This Is by far the worst storm that has visited this section since the famous blizzard of 18SS. Freeport, L.

December 17 The heavy northeast gale has drifted the snow as high as eight feet in this place, and some of the side streets were practically Impassable. The bakers and burchers who supply the residents in adjoining villages were compelled to shovel their way through in many places this morning. This storm will undoubtedly make good sleighing, as the snow has an excellent foundation. Bay Shore, L. December 17 The snow storm has seriously impeded street traffic.

The drifts in many places are higher than the fences and as soon as paths are made, the strong wind blows the snow so that they are filled up almost immediately. News of the Storm in Long Island City. Long Island City, L. December 17 At noon to day the railroad Is still tied up at various points. No trains since yesterday have reached this city from Sag Harbor or Greenport.

The main line is blocked by huge snow drifts east of Hicksville, and the Mon tauk division east of Patchogue. Train No. 9 is stalled at Medford. Five powerful engines are snow bound to day in the cut between Mlneola and Westbury. The east bound freight is stalled at Bellporc and the west bound at Southampton.

No mall has reached this city to day over the Montauk division. The Oyster Bay, North Shore, Hempstead, Far Rockaway and Flatbush avenue branches are all open and trains are being run on schedule time. General Superintendent W. H. Blood is out on the road overseeing the work of clearing the tracks.

McEINLET IN CHICAGO. HE WILL REMAIN THERE UNTIL NEXT WEEK It is the President Elect's First Attempt at a Vacation in Nearly a Year. Chicago, 111.. December 17 "I'll take some more ot the beefsteak and a little more of the ham, captain," said President elect Mc Klnley in Vice President J. T.

Wingbrook's car of the Pennsylvania railroad. at the Union station, Chicago, at 8:40 this morning. The ride of 375 miles from Canton during the night was made with ease and without special incident. Around the breakfast table of the car were seated with the major his brother, Abner McKinley; Charles G. Dawes of the Republican national committee; George B.

Frease, editor of the Canton Repository; Captain H. O. S. Heistand of the United States army, and Captain La Fayette McWilliams of 3,691 Lake avenue, Chicago, Mrs. McKinley's cousin, at whose home the President elect will stop.

Major McKinley's appetite was on a keen edge, owing to the bracing Chicago lake air. He showed no signs of the tremendous 3traln of the past ten months. His last trip away from home, aside from several two hour runs to Cleveland, was to Chicago, on February 10 last, when he made his famous address at the Marquette club banquet, when the campaign for the nomination of the presidency was begun in Illinois. His first question to Captain McWilliams this morning when the latter entered the car was: "How is Ida?" Assured that his wife was well, nothing seemed to mar the full contentment of the rest he Is now smarting in upon the first attempt at a vacation he has made for nearly a year. "I will remain until the first of the week, captain," said the major, when pressed to resolve at the start to spend the holidays here.

"I will want 'to be home for Christmas dinner with mother." During the hours after daylight the train had been cheered along the way as it flew by every solution. In the train sheds at Chicago the major returned the salutations of hundreds of Chlcagcans gathered along the Canal street parapet. As he left the train and passed througb the station at the Canal street entrance, a. crowd of several hundred cheering and shouting people rushed after him. He quickly stepped into Captain Mc Williom'6 carriage and Immediately started for the McWilliams home.

A drive through the boulevards of the souHh side was on the programme for the afternoon and Major McKinley expects to spend a day during his Chicago visit with Charles C. Dawes of Evanston, where Judge and Mrs. Day of Canton, personal friends of the McKinleys, will also he entertained. STEAMER KILDONA ASHORE. Cape Henry, December 17 The British Bteamer Kildona waB stranded at 4 o'clock this morning, about one and a half miles north of False Cape.Va., and 800 yards from shore.

The vessel is light and apparently in good condition. She is lying easy. Tho steamer has signaled by flags that she wantB immediate assistance. Tho lifesaving crew has gone aboard. FLEEING FROM THE PLAGUE.

Bombay, December 17 It iB officially announced here that there have been 1.511 cases of bubonic plague in this city and 1,094 deaths from that disease up to date. The exodus from Bombay continues. It is stated that 20,000 persons have fled from the city. A NORTHER BLOWING. Colon, Colombia, December 17 (via Galveston, Tex.) A regular norther is blowing here.

All the steamers left port during the night..