The Brooklyn Daily Eagle from Brooklyn, New York • Page 2

THE BROOKLYN DAILY EAGLE. KEW YORK, MONDAY, JULY 23, 1900. COOMBS TO BE PREE. POLICE Will POLICE DEPARTMENT EN CENT FARE LEGAL, 1 GHINiEN APPEAL. if he would hear of the burning of Yaog tl in time to get out to us that night.

"Mr. S. had, however, learned of the burning of the town and had ridden out a great speed to the temple, borrowing on the way one of the four Russian Cossacks that were quartered in the Russian legation. "We were ready for anything all night, and at 4 o'clock were up packing. At 6:30 our caravan had started for Peking.

We got into the legation at 10:30 o'clock. Mr. Pettue, Li Hung Chang's private secretary, said he feared for our safety, and was on the point of sending a Chinese regiment for us. So for the last four days we have been in the legation and no one was allowed to go out. Rumors are flying broadcast and there is excitement to know if the marines would arrive in time.

The missionaries are terrified half to death and Mr. S. has presented a good many of them with rifles and ammunition. "The marines of the English, the Russian, the Japanese and the French all came up the tinuous route, charging two fares, for even if section 101 was construed to apply to steam railroads the union suggested would not be within the terms of that section, because the company owning the Sea Bench road would not "have acquired the right to extend such road, or to construct branches thereof," under either chapter 232 of the laws of 3SS 1 or article IV of the railroad law. The section of the railroad law which authorizes leases is section 7S, and is contained In article III.

nnd hereinafter Is more specifically referred to. lessee Succeeds to Eights of the Sea Beach Road. And to my mind it seems equally clear that the defendant, although the lessee of the Third Avenue Line, must as lessee of the Sea Beach route succeed to the same right to operate both roads charging two fares, If tbo provision permitting only one fare does not apply to the latter road, and if the iease by which the latter road has been temporarily acquired by the defendant is a lawful contract. It is unreasonable to suppose that the framer of section 101, giving it the interpretation contended for by the plaintiff, contemplated a union of a steam railroad and a street railroad, but it Is apparent that he had in mind only the union of street railroads, to which class of roads alone the article applies. In case of the latter union there would be no serious injustice in providing that a company operating a street railroad of its own, and also leasing another street railroad connecting it.

should carry the percentage of passengers who might desire to traverse both at a single faro. The expenses of operating and maintaining the second road could still be obtained from the travel which would be confined to It alone, and which would come naturally from day before yesterday from Tien Tsin, and when they finally landed at Peking there was It is probat le that within a day or two Dep great excitement as to which body of marines uty Chief McLaughlin will call the attentioa should lead. Captain McCalla, who had come of the police to the necessity of talcing special up with our fifty marines, hurried his men measures to protect the Chinamen in this bor double quick to get the lead and our troops ough. There has been no order on the sub were the first to march up Legation street. jeet from Mulberry street, hut the events of There was an enormous mob at the station the past day or two suggest that senseless and they were frightened and did nothing as public resentment against the local Chinese the troops were passing.

However, they yelled and howled and swore curses on all the soldiers' ancestors. "We have rented quarters for the marines just back of the legations. Captain McCalla of the Newark, that is at Taku, came up with the marines and discussed the situation with Mr. Conger. The poor legations that had no troops aro terrified.

The Spanish and the Belgians have none. "The Belgian secretary had tea yesterday with us and could only be gone one hour, having been told he must come hack and help guard the legation. I should like to see a good harrowing climax that would give tho marines a chance to use their maxims and hear the cannon go off." The writer of the above letter did not leave for Japan and is, so far as known, still in Peking. TROOPS FOR CHINA. Transport Crook Brings the Eighth Infantry Prom Cuba to Recruit at Port Snelling.

The United States transport Crook arrived this morning from Havana with the officers and 642 enlisted men of the Eighth United States Infantry, Lieutenant Colonel P. H. Mills commanding, six companies, band and hospital corps. The officers of the regiment, with families and servants, number thirty six persons. There are also on board eleven cabin passengers, including Colonel W.

V. Richards, adjutant general, divi ion of Cuba; Colonel W. L. Haskins, Second United States Artillery; Major E. S.

Godfrey, Seventh United States Cavalry; Major A. C. Taylor, Second' United States Artillery; Lieutenant H. W. Shull, Second Artillery, and N.

S. Steinhart, chief head clerk headquarters, Division of Cuba. Among the passengers there are twenty five furloughed and discharged soldiers and quartermasters' employes and signal corps men. The Eighth Regiment contingent is expected to proceed immediately after release from quarantine to a post in the West, probably Fort Snelling, whero the regiment is recruiting to full strength for service in China. The officers in the Eighth Infantry on board the Crook are: Lieutenant, Colonel P.

H. Mills; Majors, J. F. Stretch and W. J.

Pitcher; Captain, C. W. Kennedy; Adjutant and Captain John Stafford; Quartermaster, Lieutenant M. B. Stewart; commissary, Lieu tenant J.

F. Janda; Battalion Adjutant; Captains. C. P. Terrett.

M. D. Parker. Frederick Perkhts, Charles Gerbardt and F. H.

Sargent; ucnteuitaLs, u. ivuuusson, iu. m. luercnant, H. A.

Eason, E. W. Perkins, J. James. C.l B.

Smith, F. W. Healy. H. P.

Goodnow and B. H. Pope, Drs. N. M.

Saleeby and De Poor I tour, and Chief Musician P. c. Conterno. The Crook will be detained until the five days' quarantine expires, which will be about midnight to night. This time may be shortened somewhat because the troops were on board the transport for some time before sailing.

All are well on board and the men are in the pink of condition. Colonel Kimball, depot quartermaster, an nounced to day that the several companies oi me nesimeni win iano at pier 1, North River, to morrow morning, and go to the Grand Central station and will go by rail to Fort Snelling, where they will recruit and refit ready for further orders. Three battalions of the Fifteenth Regiment stationed on Governor's Island will be taken from the island to morrow at 7 A. M. to the Pormer Coroner Will Probably Leave Penitentiary August 19.

Ex Coroner Edward B. Coombs, who was sentenced to nineteen months' Imprisonment in the Kings County Penitentiary and to pay a fine of $1,000 for malfeasance In office in swearing to false bills for fees against the county, will be released from confinement on August 19. provided the fine of $1,000 is paid. Failing in that, Coombs will have to serve one day for each dollar of the fine. Ex Coroner George F.

Nason. who was indicted by the Grand Jury at the same time as Coombs for the same offense, has as yet not been tried. LOOP TO BE OPENED SOON. It was said at the Brooklyn Rapid Transit office this morning that the new loop on tho elevated road, which is to be operated by electricity, will be completed and ready for operation by the middle of the week. The loop takes in the Fulton street elevated from the Brooklyn Bridge, crossing to Lexington avenue at Vesta avenue, and back to the bridge.

The stairways and platform are not yet completed. The'motor cars have not all arrived yet, but will be here in a short time. MAGISTRATE LECTURES LAWYER Coimsel "Who Secured S5 Fee on a Summons Case Roused Justice Bristow's Ire. Magistrate Brlstow of the Butler street court delivered a lecture to day which will undoubtedly he remembered by some of the members of the bar practising in that court. The magistrate was highly indignant when informed that a lawyer had charged $5 in a summons case, and he spoke his mind with vigor.

It appears that two tenants in the Tower flat building, at 421 Hicks street, had some disagreement which led to their appearance in court. One of them was approached by a lawyer, who gave her his card and asked $5 for his services. The matter reached the magistrate's ears, and for a time there was considerable agitation. The lawyer, James McGee, warmly protested against anything that would reflect on him in any way. He said that he had simply presented his professional card, and declared that his professional career at the bar was above reproach.

Magistrate Bristow denounced the practice of seeking business on mere summonses. He said that many of the summonses never reached the warrant stage in court, and to take money from clients when there was no necessity for it, was a reprehensible proceeding. "This getting 50 cents, $1 and $5 from persons under such circumstances," he added, "is an outrage." The case was dismissed. HENRY L0HMANN DROWNED. Was Subject to Epileptic Fits and Pell Overboard Prom a "STa 1.

Henry Lohmann, son of William D. Loh mann, formerly cashier in the Excise Department, was drowned in the bay off the Varuna Boat Club house yesterday morning. He was a member of the Varuna Club and was in the habit of taking out the club's yawl every Sunday, but, being subject to epileptic fits, was invariably accompanied by a fellow member. Yesterday, however, he went out alone and had reached the end of the long dock at the foot of Sixty fifth street, when. It was believed, he was attacked by the malady, fell overboard and was drowned.

The first intimation of the accident was given by a small boy, who arrived at the club house with the information that the yawl was floating about in the bay with nobody on board. E. E. Bodlne and Charles Meyer, of the club, immediately rowed to the yawl and found Lohmann's body floating in the water close by. They towed the body to tho club house float and notified the dead man's father, who had the remains taken to his home in South Brooklyn.

Young Lohmann was one of the most popular members of the Varuna Club, hla musical attainments having secured for him the position of musical director of the club's orchestra. He was the leader in all entertainments given by the organization, The club ilag is at half mast to day because of his death. Henry Lohman was horn in Manhattan 26 years ago and had been employed by Lloyd Seaman, produce commission merchants of Manhattan, for seven years. Ho had grown so much better in health of late that his parents had strong hopes of his entire recovery and his death was startling to them. The funeral services will take placo at hi3 late home to morrow night at o'clock, the Rev.

G. C. Carter officiating. Mr. Lohman is survived by his father, Edwin his mother, Emma: three sisters and a brother, Katie, Hattie, Emma and Frederick.

RACING AT BRIGHTON BEACH. Excellent Card for an OS Day in the Distance Event. Imp (Special to the Eagle.) Brighton Beach Race Track, July 23 A very fair card considering the fact that there are no stakes to be decided, is scheduled today. The public's ideal, Imp, appears in the list of entries and she should win her race easily for the distance, one mile and a furlong, and her weight, 115 pounds, suit her exactly. Opposed to her are Watercure, Prince McCltirg, Herbert and others possessed of more or less speed.

The handicap at a mile and a quarter has but four entries, but they should make a good contest, for they figure close together. The fields in the other events arc large, twenty being carded to go in the last event at six furlongs. The track is fast and the weather clear, cool and pleasant. The first race was won by Surmise. 11 to 5 and 4 to Apple of My Eye second, place betting, 9 to Baron Pepper, third.

Time, 1:01 1 a. To morrow's Entries. Tho entries for to morrow's races at Brighton are as follows: First ran Fur maidens, 3 years old and upward, with a.Mfd. of which t'o to the second and $25 to the tlunl. One mile.

Name. Vht. Nttnm. Wht. Hurry McColm Oil! Eileen Daly 94 Itoroutfh tiCiZeus 'jA itounci t'p 09 LonB Isle OT Cephalalgia WlBtamp Lucky Hird 99 Second For ti year old colts and (feldlnKs; ny subscript! of J10 each, to the winner, with $600 a'laea, ot whirh 5I0U to tne secuim unci 500 to the third; that have won two or more to carry welKht for aRo; wlnnerfi of ruce allowed lbs.

maidens allowed 20 lbs. Five furlonKS Nnmc. All lieau (Jullfint. Kinx i'epo. Wht.

I Name. AVht. lir.tPiumed KniRht Ki2 lD2Fuvornette 102 102 Wurr. ir.te.i 1021 Third rie year olds fselllnc); by Bnl forlntlcn to the. winner, with S' of third.

One Name. ljtr. to the second and to the a sixteenth. Wht. I Name.

Win. LH'Mic Ways 102 ISZIAmvulty 12 122ia. Wt 102 1U2! ilr.l race failed To fill and the fl, the, last part forming the 1 .,.1.1 1 1. I lf' li. i i.

il tU OnIl'1 V.11S ill third rare). Fourth Tiie Spinster Ktake.s for fillies 2 51 nilflcd. of which S2M to tho S.I. 'tl nd 111.. I i) the.

third. Three quarters of a mile. Name. Wht. I Name.

Wht. Quei 11 J't iniiT lUilCherrles .7 Orlent. i 1071Cap and P.oIIh 122 Sweet r.iiven,i,.r 1221 Fifth rare Fur year olds nnd upward, with $1)1(1 aildi 1. of which $1W to the second nnd SOij to the third. iii.

jnUe. Name. Wht. Name. Wht.

t'eyl' Federalist 91 Pick Lanza 91 Hlr Guy lofilWnx Taper inn Jack Tel Mu 106 Pool mal Yoloeo lOStSpeefflc 106 I 9.1 HUtll uc. For ve.nr oldll and upward (Helllniri with $M0 added, of which JtOO to the second and to the tlitni One mile and a quarter. Wht. I Name. Wht.

MlAutumn 109 loolsir FllzhUgh 90 10SI Name. Peaceful Tln 4 ".1 Appellate Division Decides in Favor of the Brooklyn Rapid Transit Company. HIRSCHBERG'S DECISION. Company Has Right to Charge Extra Fare as Lessee oi Seabeach RoacL ONE FARE LAW DOES NOT APPLY. The Sea Beach.

Charter "Was Obtained Before That Law "Was Passed and Is for a Steam Road. The appellate division of the Supreme Court has decided that the Brooklyn Rapid Transit Company has the right to charge a ten cent fare to Coney Island. The decision, which was written by Mr. Justice Hlrschberg, stated emphatically the grounds upon which it was based, as follows: First That the Brooklyn Heights Company legally leased the Sea Beach Railroad. Second That this lease carried with it the right to charge an extra five cent fare.

Third That the Sea Beach Road received Its charter before the one faro law wai passed. Fourth That the one fare law did not refer to roads with a steam railroad franchise. All the Justices of the Appellate Division concurred In the decision, excepting Presiding Justice Goodrich, who did not vote. The case decided was that of Arthur Bar nett for $65 for alleged overcharges of faro at certain times and for being ejected from one of the Rapid Transit cars for refusing to pay an extra fare. By agreement between counsels a statement of facts was submitted to the court and on this, to day's decision was based.

Justice Hirschberg's Opinion. Justice Hirschberg's consideration of the points at issue is substantially as follows: i Chapter 252 of the Laws of 1884 was passed on the Cth day of May, 1SS4, and was a general law, entitled "An Act to provide for the construction, extension, maintenance and operation of street surface railroads." It was designed to secure uniformity in the creation and government of such corporations, which, prior to that time, had been created under special acts, giving special rights and prlvilelges in respect to rates of fare and other matters. Thi3 act has since been revised, and its provisions with subsequent amendments, are now contained In the railroad law (chapter 656 of tho laws of 1S90, as amended by chapter 676 of the laws of 1S92) and comprise article IV of that law. The provision by vir ture of which the plaintiff claims that the defendant is precluded from charging more than one fare, is contained In section 13 of the act of 1894, and In the revision is embodied in section 101 of the railroad law as amended. Section 13 of chapter 252 of the lawB of 1SS4, is as follows: Sec.

13. No company or corporation incorporated under or constructing and operating: a railroad under the provisions of this act shall charge any passenger more than 5 cents for one continuous ride from any point on ita road or on any road or line or braxiah operated by It or under lta control to any other point thereon or on any connecting branch thereof within the limits of any Incorporated city or village. This section shall not be construed to apply to any part oi anyroad heretofore constructed and now in operation unless such company shall acquire the right to extend such road, or to construct branches thereof under the provisions of this act. in which event Its rate of fare Bhall not exceed its authorized rates prior to such extension. Sea Beach Boad Constructed Prior to Passage of One Pare Act.

I Assuming hut without deciding that the language of this section is broad enough to limit a railroad company to the collection a Bingle fare for a continuous ride over two or more separate and distinct railroads con atructed by separate companies and subse quently united in operation by lease or pur chase into a single connected system, it is evident that the prohibition as enacted had no relation to the Sea Belch railroad. That road was constructed prior to the passage of the act, and was then in operation. Moreover it was a steam railroad, and the act related to street railroads only. The exclusion from the operation of the section, it is to be noted, is not to the railroad company whose road was then constructed and in operation, but was to the road itself. The section limiting the risht to charge fare the statute says, should not be construed to apply to any road then constructed and ia operation or to any part of such road.

Tho effect is the same, assuming that steam railroads were at all within the provision the statute, as though the Sea eBach Railroad had beeu named specifically as territory exempted from tin; operation oi the law. iec. 101. JtATli oi KAKK enrpurull.m enn tructing and npei atins a ruLrouu under the lovidlons i.f this article or of the of 1SS4. shall uiiurue nnv M.

itifr Limn live ci ntH lor any point on Us road branch operated by it any other point thereot i contlnuuus ride fruai on any road, line or cr under its control, to within tiie limits of any incorporated city ur vlnane. Nut ni than mre. snau oe ennrgeil within the limit of nnv such city or lor over the main line road and anv oruneh exte nitiun thereof if the right to i onsl. uct siu branch or extension Bhall have lu en lu qulied under thu previsions of such chapter this article. Tills section shall not apply to any part of any road constructed u.

May nnd th in up eratlon. unless the corporation uwning t. Banle snail have ac'iiilred the riitlu to extend suvh road I. 10 construct branches thereof under such cnpter. or shall aviulre such rlsiht under the provisions of this article.

In which event It rate of far. shall not xcc its iutii.i: lz, rate prior to such e.vt. The Legislature expressly reBerves the ruin to r. Kulap. reduce uny cnstru.

t.il and ln chapter or under the provisions uf this articp. The One Fare Law Does Not Apply to Roads With Steam Railroad Charters. Again ass uml. ii: but without dividing that the language of this section covers ih case of several separate ami distinct railroads, with their branches atni extensions, constructed by separate ami distinct railroad companies, but operated within tho limits of an incorporated city as a uniform ami continuous sj stem by a corporation which has acquired them by lease or purchase, so that but one fare of five cents rati lie charged for a ride over all of them together, and not men hover each of thera and its branches and extensions regarded as a single and independent road, it is equally apparent, as in the case of the law of 1HM. that the section has no application to the Sea Reach Railroad.

The article Is entitled "Street Surface Railroads." and the corporations which must comply with its provisions tire stated in section 90 to be those "organized since May (i lSf.4, for the purpose of building and operating or extending a street surface railroad or any of its branches upon and along any street, avenue, i otid highway," etc. So that tho limitation to rite chttrtte nf a single fare is not only confined to the class of railroads, but by any fair i etist rttei inti nf the express tortus of soctinn 10, must be re Kardod as excluding from its operation the Sea Beach Railrond by virtue of the irovi. that It shall not apply to tiny pari of an? road constructed anil in ot i tit Ion prior to the passage of the act of lss 1. And, as was the case in the net of lSSl. the exception is not to the corpim owning such a road, hut tn the road lf.

and every part of it. It s. ittrily is thnt the cnrpWation ovrpinit the Sea BetAi n.tii road eouMcharpe k.ist v. cents for 'wjravi (( nr its rotii. sum is wlttR'tlu limit which it it under the t.jpx littons of its organization mujjBsw fully charge.

It also rJt'e. Ntiiil follows that tile ooni; owning Asji Illicit i utiH r.s the Tairu i'JH lipe hs ib as a eou Captain Dennis Driscoll Sent From the Fort Hamilton Precinct to Coney Island. ACTIVE MAN NOT WANTED THERE Captain Hardy Is Returned to His Old Command Willoughby Street Not Thought to Have Caused Changes. Information of the latest shake up in the Police Department had not reached the headquarters, on Smith street, until an Eagle reporter visited there early this afternoon. The minor officials, since consolidation, wisely keep their mouths closed and do not question the doings of the moguls in Jlulberry street so that it is exceedingly difficult now to get an expression of opinion from any of them.

That was the situation this afternoon when news was brought to them that Captain Samuel Hardy had been detached from the command of the Coney Island precinct and had been sent back to his old command at the sta tion corner of Clermont and Flushing avenues, and that Captain Dennis Driscoll had been sent from the Fort Hamilton precinct to Coney Island. These were the more Important of the three transfers of captains, for the shifting of Captain John Eason from the Flushing avenue station to Fort Hamilton had apparently no significance. The fact that Chief Devery was at Coney Island yesterday may have had something to do with the change in the police administration at Coney Island, but it Is believed that the transfer has been in contemplation for several days. "Why the people who manage the affairs of the police force, or mismanage them, should have chosen Captain Dennis Driscoll to take charge of things at the vice ridden seaside resort is not easy to explain. Driscoll has been all of his life a Democrat and a faithful follower of the mandates of Willoughby street and it may be that Tammany is willing to make a sacrifice of him.

"I'd as soon gea a good thump on the head with a night stick as be sent to Coney Island in the summer," is what one captain declared to a reporter the other night. The point he sought to make clear in a very roundabout way, was that if he tried to do his duty ho would "get it in the neck," and that if he did not do his duty, he would "get It in the neck" anyway, for the papers would not leave him alone, Iwould have been better, for example, for Captain Hardy if he had never seen Coney Island and the chances are that he now sincerely regrets that his ambition led him to work for the detail. It is generally believed that Driscoll's administration of affairs at the beach will be easygoing. This is probably just what is wanted, for there are so many interests of paramount puissance lying loose at Coney Island that it would not he well to have too active a man in the place. "Has Dinny been sent there by 'Willoughby street?" asked one of the burly captain's constituents when he heard of the transfer.

'Deed I don't think so," was the reply of another friend of Mr. Driscoll. The last opinion is possibly right. Willoughby stfeet is not getting very much in a police way from Tammany Hall just now. The fact is that after the calm there has been another outbreak among the gamblers at the beach, and the place was rated yester rtsv "wtds onen." That this is true will be seen by reference to an article elsewhere.

The changes are tnat uaptata naruy eoi. weary of etanding for all the vices at the beach and that it was necessary to get another man to do the work required under the peculiar conditions that exist under Tammany Hall. Captain Eason's transfer to Fort Hamilton is, of course, without any significance. He was in the Flushing avenue station and as that is where Hardy came from he was sent back there and it was necessary to give Eason another billet. Eason has been in three precincts since the consolidation of the force.

Before he went to Coney Island bo was in charge of the bridge force. The shifting of police commanders is taken ln Willoughby street as a victory for Councilman William A. Doyle. It was at Doyle's request, and through the influence of Wll loughbv street, that Captain Kenny, who is a friend "of Senator Coffey, was sent away from the Island. For some reason Hardy has not been so satisfactory to Doyle and his friends a swas expected.

Driscoll was ln command at Fort Hamilton, which Is in the same Assembly district, and is understood to be friendly to Doyle, whose leadership is contested by Assistant Corporation Counsel Luke D. Stapleton. It is claimed that Doyle originally asked for Driscoll, but through Senator McCarren's influence. Hardy was sent instead. There has not been the friendliest feling over this transfer in the organization.

Mc Carrcn has been a lss frquent visitor to headquarters than usual eince the chang was made. It is believed that James Shevlln's interview with Richard Crokerat the Brighton Beach race track the other (lay had something to do with the transfer. It is possible that all the disputes over police promotions may be settled as a result of this arrangement. HAD MONEY TO HIRE ASSASSIN. Yontsey Said His Job Depended on Goebel's Murder, So a Witness Declares.

Georgetown, July 23 Spectators were scare to day when the trial was resumed of Caleb Powers, charged with complicity in the Goebel shooting. The prosecution gave notice that they would excuse a half dozen persons summoned as witnesses for that side. Among those excused was Ike Golden, brother of Sergeant F. Wharton Golden. Lieutenant John Rtcketts, an officer in the Barbourvllle militia company, of which John Powers was captain, was the first witness.

He went to Frankfort January 25 with the train load of mountaineers. Before the train reached Frankfort witness said the men were told to report to W. H. Fulton for rations. The men were armed with guns and pistols.

Arrived at Frankfort they took possession uf the agricultural building and stacked their guns there. Witness said each morning a crowd of 300 to 600 mounted men occupied the yard ln front of the legislative building. He saw Youtsey frequently and talked with him. The day before the assassination Youtsey sail Goebel had to be put out of the way and he (Youtsey) had $100 which he would give for that purpose and knew ten or twelve others who would also contribute to such a fund. Youtsey also said Goebel could be kililed from the executive building; that.

the assassin could escape through the basement and never be delected. He said his Job depended on Goebel being killed. Fifteen minutes before the assassination witness saw Toutsey and the latter told him be wanted or 30 men to accompany him to the executive building. Continuing, the witness said: "Youtsey put us Inside the cx ecutive bniiJIng near the stairs. He told us something was going to happen and we must remain there.

When he started through the hall 1 left an went, into a private residence across the street from the building. I had been there a few minutes when I heard the shots. I did not know any of the men whom I left at the foot of the stairs In the executive building." The men whom Youtsey placed were just outside the office 'of the Secretary of State, Wituess said lie left because he did not want to be present in case of a killing. DOWNEY TO MEET BIOOPvE. i Troy.

N. July 2:: The twenty round boxing bout between Jack Downey of Brook 1 lyn and Billy of Syracuse, which takes i place here to morrow night, promises to be a big betting event. Moore made the re I uuircd weiKht. loo pounds, yesterday and is Chief McLaughlin Expected to Notify His Officers to Take Especial Care of Celestials. ANNOYED BY THE HOODLUMS.

Only Petty Offenses Against the Por eigr ners Have Been Committed So Far. has led to more than one illegal act. So far there has been no serious outrage reported to the police, but a number of laun drymen have been subjected to petty annoyances. As has been explained by the Chinese Minister, the Chinamen who are in this country are scarcely to be hold responsible for the anti foreign sentiment in their native land. The laundrymen, miners and house servants who come to this country are nearly all from the south of China, while the uprising of the Boxers is in the far north of that very big country.

The American Chinese, if they may he so called, are Cantonese and very few of the north' countrymen come to America. But in some minds all Chinese are to blame for the troubles of the missionaries and. particularly Is the juvenile mind iuilamed against the mild eyed men, who are trying quietly to make a living in nn obscure way in the cities of this broad land. The Chinaman has always been the butt of the small boy in New York and Brooklyn; but beyond making an occasional complaint to the police, John has stood the taunts, the petty assaults and' tho many window breakings, uncomplainingly. But just now the Chinamen in this country are plainly worried.

In some instances they have asked for permission to carry revolvers, a request that has always been denied. Within the last week or two many windows In the laundries have been broken, but John does not worry so much about that. He is agitated just now because not only small boys but gangs of hoodlums beset him in the street and assault and pester him in many different ways. It is impossible to enumerate the annoyances to which the Chinaman in Brooklyn has been subjected since the Chinese outrages became known, but one instance will serve to show the spirit not only of the Ignorant who pester him, but the chivalric Ben timent in the minds of many citizens concerning him. At about o'clock last night a mild I0k ing Chinaman alighted from a train on the Kings County Elevated Road at the Bridge.

A mob of small bays, probably a dozen, who been out in the East New Y'ork fields playing ball, were on their way back to Manhattan armed with base ball bats and the other paraphernalia of the game. They saw the Chinaman making for a bridge train as they left the cars and they followed him, hooting and making sly digs at him with their bats. "Say, fellows," said one, "let's do up the Chink?" The Chinaman ran and took refuge, in a corner of one of the cars of the bridgo train. His tormentors were at his heels. There were no seats for the Chinaman and the car was crowded, so he squeezed nimseu I lnto a corner Dy one of the sidedoors of the ear The hnvs wrlcrir.ed tnrougn tne crowd until they got near him.

Then they began anew to torment him. Various jabs with their bats made him crouch nearer the woodwork in terror. He looked appeal ingly about him at the faces of the men, trying apparently to find some sympathy there. "The Chinamen have been killing all our people in China; we ought to do up this mug," said the curly haired thug from Hester street. The annoyance continued until the train was half way over the bridge and then one he gave the chinaman his seat and other well disposed passengers formed a cor don around him and kept the pestiferous little rowdies at a distance.

When the car reached the Manhattan terminus the Chinaman beat a retreat and he managed to elude the boys, who ran after him. Acting Captain Quigley of the Sixty first Precinct, Acting Captain Murphy of the Slxty 1 stance where they had been annoyed by either hoys or men. He said he had instructed his men to be careful and prevent any clash be tween the Chinese and any other individuals. All the laundrymen. he added, had been warned to complain If they were annoyed, but none had taken advantage of it and he presumed they had experienced no trouble up to the present time.

Similar statements were made by Acting Captains Quigley and Murphy. Sun Lang, a laundryman, of 279 South Third street, got into trouble with a number of boys and young men at 1:30 o'clock yesterday morning at North Second street aud Driggs avenue. It is not known exactly how the trouble started, but as Lang retreated from street to street, the crowd at his heels grew. Finally a policeman took Lang to tho station. Captain Short was on duty at the time and he took particular interest ln the case.

He learned that as the crowd followed Lang some of them repeatedly shouted at him, "You're a Boxer." or, "There goes a Boxer." Others in the crowd said that Lang deliberately turned and drew a pistol on his followers. Two citizens came to the station willing and ready to give evidence in the case. They were John Hayes of 10 Fillmore place and Robert Mulry of 222 Nassau street. Captain Short then ordered that he searched. This was done.

No weapon of any kind was found on the Chinaman. He had, however, a long leathern pockctbook about the length of a police captain's stick. Lang, who could speak some English, explained that it. was with this pocketbook that he had scared his followers, drawing It and pointing it at them as if it had been a revolver. After providing him with a seat in a side room for about an hour and making full inquiries Into the case.

Captain Short decided not to hold the Chinaman. The captain said that he feared no trouble from the Chinamen In ills, tne nixtictn l'rertnct, nor did he anticipate that any young boys or even adults would molest them in any way or act in such a manner as might lead to a breach of the peace. At the Clymer street station Acting Captain Hayes repeated in effect, what Captain Short had said. "We don't expect the least bit. of trouble from the Chinamen." said Captain Haynes, "mid If there is any we will treat them the satre as any other class, OO better, no worse." Tho only case in which a Chinnmnn figured In acting Captain Hayes' precinct was Saturday afternoon, a week ntro.

when Henry Loo, a of (no Wythe nventte. refused by mistake lo return some laundry which hud been given to him by a young man who lives In the neighborhood. Officer Lott of the Clymer street station, after listening to the argument between the Chlnamnn and the customer, seized the laundry nnd handed It to its rightful owner. Lee then pave some abuse to the officer nnd subsequently threw two empty beer bottles at a number of boys who congregated and were shouting about tho Boxer troubles. Lee was then arrested on a charge of disorderly conduct.

In the Leo avenue police court the following day he flnnrl 1 ft wlih (Iia ntinrnntti.A nf anritlnn ten days in jn.il. CONTROLLER IN TOWN. Controller Color was In his offloo uftor bis vacation at Liberty. N. X.

Continued Prom Page 1. ter explained that Minister Wu was tired out and could not sec any one. He would probably reply to a specific question, however. The question was delivered to the attendant, who said he would try to get an answer. In a moment or two the excited voice of the Chinese Minister could be distinctly heard from the upper story.

In a shrill voice he started on a tirade against the doubting Thomases of the American public, and It was plainly evident that he was far from pleased over something. The servant delivered the following message from his master: "Minister Wu says it would bo useless for him to deny the statement that he has agreed to seo that Minister Conger is brought in safety to Taku, as he says the people would not believe it. He says that all he asks of those who doubt that Minister Conger is alive is to wait a few days." When it was suggested that Mr. Wu was not ln a good temper to day, the servant said: "Well, it's not to be wondered at. Newspaper men were ringing the bell all night and they have not let up to day.

The minister was unable to sleep last night, and he missed his usual nap to day." Mr. Wu refused to explain what he meant by his mysterious warning for the people to wait two or three days for further news about Mr. Conger. It is possible that he expects the American Minister will be delivered safe and sound at Taku. If this is so, he stands alone In this, but even the most cheerful officials of the State Department think it very improbable that it is likely such a rescue can be made at this time.

When Secretary Hay was asked on Satur day by the Eagle correspondent whether it would be feasible to get the Chinese government to agree to permit the allies at Tlen Tsin to march to Peking and escort the ministers back to Taku, he replied that he thought it was not a reasonable proposition. He said that If the Chinese government was in a position to do this it would doubtless have done so before this on its own account. Secretary Hay, however, received the suggestion of the Eagle correspondent with interest and there is little room for doubt that he spoke of the matter to Minister Wu and it Is likely that this led to the published report that the Chinese minister intended to deliver Minister Conger Into the hands of his friend3 at Taku. The official opinion of the European powers regarding the authenticity of the Conger dispatch is the same as that expressed by the press dispatches from London, Berlin and other continental capitals. Secretary Hay hae received a number of replies to his cablegrams to the European governments, conveying the substance of the Conger message and urging that suggestions be made for a united line of action as a result of that dispatch.

It Is announced at the State Department that not one of the replies thus far received offers any encouragement to the American authorities. All of official Europe Is convinced that the Conger cablegram was a fake and that the legationers are dead. So discouraging Is the tone of the replies that Secretary Hay to day declined to give them out for publication. He said, however, that they all took the view that It was useless to hurry relief movements at this time, because of the belief that the foreigners could not be rescued. Prior to the arrival of Minister "Wu at the State Department with his latest edict, Secretary Hay's confidence in the reliability of the Conger message was supreme.

Deapite the attitude of the foreign nations he still held to his original opinion that the dispatch was really penned by our minister at Peking. His faith was slightly shaken later ln the day on the receipt of Consul Goodnow's communication to the effect that the rebel chief, Prince Tuan, declared the minister safe on the ISth and that at that time no attack was being made. This is the same date on which the Conger dispatch was supposed to have been, written, and at which time It was declared that the legation was under fire. It Is unknown to 'the State Department even yet who is to command the international relief column on Its march to Peking which begins the end of this month. News die patches of late date have assigned the command to one of two Russian generals Dra gomiroff and Llnevieh.

The State Department knows nothing of this, but has been assuming that in the possible event of the failure of the internationals to agree among themselves on any other basis the Japanese field marshal, Nodzu, would command by vir ture of seniority and rank. A LETTER FROM PEKING. "Writer Tells of the Alarming Situation There Early Last Month. The following letter, which strongly indicates the alarming situation In and around Peking early last month, has been received in Manhattan. The letter was written by one of the women of the beleaguered legations to a sister ln Japan, who, in turn, forwarded the letter to another sister in this city: Peking, June 2, 1900.

"Here I am still In Peking and the probabilities are that I will soon be en route for Japan. An English woman who has lived quite a long time in Yokohama. I believe, is to chaperone me there, as she goes direct to that metropolis. But, and this 'but' is quite big under the circumstances, she may be afraid to start down, as we might get detained at Tien Tsin, or Taku or Tonga. "The condition of Peking is prettty bad and Sir Robert Hart says that ln all the years he has been here and in all the coups d'etat that he has watched, he has never seen Peking or the foreigners in a more critical condition than now.

But I suppose you have been reading telegrams from Peking and have kept au courant, so I won't bother you with facts. "We were at the temple In the hills and the servants were constantly bringing us wild tales of what the Boxers were going to do and saying that a hundred had left the small villages near our templo to go to Yong ti and burn it. It is a station with quite a small collection of houses of foreigners and having a bridge. Tho foreigners heard of the Intention and escaped In the early morning. We thought the servants were drawing the 'long but about i o'clock in the afternoon we were called to watch the fire from our balcony.

It was near enough for us to see all the smoke, and the flames, too. "There were thousands of Boxers about and wo were frightened lost the Boxers on returning to Peking might stop and loot our dwelling and incidentally kill us. There was not a foreign man on the place. Tho Tsung li Yamen had sent a Chinese guard of twelve soldiers to protect us and they stayed at tho temple until they became afraid of the Boxers coming that way, so they deliberately ran away. You can imagine our feelings.

Three babies to protect and a lot of frightened Chinese servants. "Mr. was la Peklnu. ana we did not know iue streets tnrougb and upon which it was constructed. But in the case of a steam railroad, built exclusively on private property with no street corners at which to pick up passengers for a short haul, the corporation would be compelled to pay all the expenses of operation and maintenance with little or no possibility of additional revenue.

There is nothing in the statutes which in my opinion calls for so unfair a construction and so onerous and burdensome a result. The same reasoning applies with equal force to the provisions of section 104 of the Railroad Law relating to transfers where passengers are carried over connecting roads operated togetner under lease or traffic contracts. That section also is contained ia article IV and was intended to embrace street railways only. Previous Decisions. It is not claimed by the plaintiff that the lease of the Sea Beach Railroad Is in ItBelf unlawful, or that the defendant had no right to convert the steam railroad temporarily Into a trolley line and to operate it as such independently of the Third avenue road.

I know of no authority for the proposition that even if such claim could be successfully advanced it would entitle a passenger to ride for nothing. The ciaim which the plaintiff urges, however, is that the defendant by the terms of the statute under which it is incorporated had no franchise to exact more than five cents from each passenger for one continuous trip and that by the lease of the Sea Beach Railroad it acquired no additional franchise to exact toll from passengers. In other words he claims that the lease could confer no other power upon the defendant than the right to use the lessor's road, the lessor having no power under the statutes to confer upon another company by lease the franchise to take tolls granted to It by the state. A contrary view seems to have been taken by this court in the case of Brooklyn Elevated Railroad Company vs. Brooklyn, Bath Beach and "West End Railroad Company (23 App.

Dlv. 29), a controversy which presented many features analagous in fact and principle to those existing ia this case. Heights Company's Right to Lease Sea Beach Road. Chapter 563 of the Laws of 1S90 was the original railroad law, afterward amended by Chapter 676 of the Laws of 1S92, the present railroad law. The numbers of the sections differ in some Instances, but the general provisions are the same so far as applicable to this case.

The Lease Carries "With It the Right to Charge Another Pare. In view of the precise terjn3 of section 73 of the authorities cited and others which might be presented, it certainly cannot he said that the lease of the Sea Beach Railroad to the defendant was without warrant of law. Section 7S remains, with the amendment, that although as section 78 of the original law it was entitled "lease of road." tho word "lease" does not appear in the text of the section, which related in terms to "contracts" only, while as amended in 1892 tho words have been inserted "and if such contract shall be a lease of any such roads," thus clearly indicating that the Legislative intent to authorize a lease, as well as, and as distinguished from, a mere traffic contract providing for the transportation of the passengers of one railroad corporation over a part of the line of another railroad company, and which contract may not involve the transfer of tho entire corporate property, rights, franchises and management. The lease required the defendant to assume and pay the interest on the bonded indebtedness of the lesser corporation, and the taxes and all the expenses of the maintenance and operation of the road during the duration of the term. Did it involve the proposition that this was to be done with out the right on the part of the defendant to receive any emolument from that portion of the traveling public as should be carried over the private right of way? Clearly, if the road after being leased was operated by the defendant entirely independently cf the Third avenue line, there could be no serious contention that the defendant would be compelled to carry passengers without charge.

Under such circumstances the right to charge would pass under the terms of the lease, and in accordance with a practice among railroad corporations almost as old as their existence. From the statutes and decisions cited it would seem evident that the defendant is entitled to make the charge complained of unless prohibited by the fact that it operates a street railroad in connection with the Sea Beach Road. As section 101 of the railroad law does not apply to the latter road, the five cent fare provision can have no force in this connection. There consequently, no express legislative prohibition, and surely there is no occasion for a forced construction of the law for the sake of creating one. No reason can be suggested for such a construction of the railroad law an would permit the defendant to convey its passengers from the Brooklyn Bridge to Coney Island at a charge of two fares, provided the passengers were subjected to the annoyance and inconvenience of alighting at the junction of the two roads and there purchasing a ticket and boarding another car, but which would deprive it of the right to charge the second fare merely because It had voluntarily constructed a temporary union of the two roads at that point in order to promote the comfort of passengers by affording a continuous and uninterrupted transit.

The defendant should have Judgment. ARMORY TO BE CLEAN. German Sing ers and National Guardsmen Ending Their Squabble. Chairman llordenschotz of the hall committee of the United Singing Societies of Brooklyn, now claims that arrangements were made with the superintendent of the Thirteenth Heavy Artillery Regiment Armory to have the drill hall cleaned after the singers' festival was over. He says $280 was appropriated for that purpose.

This does not ex i cuse the singers from responsibility, however. the officers of the regimen: say. They claim that it is incumbent upon the singers to see that the superintendent of the armory does I the work if tltey paid him to do it. 1 To day it wies stated by the superintendent of the armory that the money to clean the 'It room was paid to the contractors who erected tin platform and removed ihe lumber from the The singers hustled about to day, a' any rate, and It was finally agreed that lie contractors would Immediately begin cleaning tin the drill room. WOULD NOT PRESS COMPLAINT.

Mtehacl P.a'truhaitis. 27 years old, who was arrest evl by the police of the Bedford avenue a week no oti a charge of nbilue.ing t'leiuontaina i.laror.owakl. a Polish Kir! hail nriive.l in this country, war art'Jii tte i in ho Lee avenue police, court this A r. uncle of the girl tijipi ttre ami elaitne.i her and declined to pre ih. ngaittst Dali.ruhaitis.

The was lilsc'iarKe i. Lehigh Valley depot in Jersey City, whence I second and Captain Addison R. Corwin of the they will go to San Francisco. They will Sixty third Precincts, in view of the war in take with them ten car loads of equipments China and the possibility of trouble between for field camps. It will consist of provisions, the Chinese laundrymen and hoodlums ln medical stores, canvas warehouses, hard i their respective precincts, have given instruc ware and trenching tools.

tlons to the policemen of their commands to The First Battery of Artillery from Fort prevent as far as possible any trouble in this Wadsworth and the First Battery from Fort direction. Hamilton will take the place of these three Captain Corwin said this morning that there battalions on the island. I was a number or Chinese laundrymen in hia The transport Rawlins, due here Wednes precinct, but he had not heard of a single in day, and the Crook, will return to Cuba as soon as possiblo to bring back two battalions of the Fifteenth Infantry. The Crook will go to Erie Basin to morrow for slight repairs. The McCiellan was docked to day for repairs which will take about three weeks' time.

Sixteen packers have also been sent to Seattle. there to join the packing trains now preparing for service in China. DANGER AT F00CH0W. Missionaries Are Leaving That City. Rev.

W. H. lacy Cables That Danger Is Increasing. The Rev. Dr.

H. K. Carroll of the Methodist Episcopal Missionary Society, at 150 Fifth avenue, Manhattan, to day received a cablegram from the Rev. W. H.

Lacy, treasurer of tho mission at Foochow. The message contained the following news: "Danger increasing. Missionaries leaving." There was also a business statement as to the pecuniary situation at the mission. Money has already been cabled to meet the emergency. Fooehow Is on the coast, a considerable distance south of Shanghai.

This ia the first time that danger has been reported from a point so far south, and Mr. Lacy's message shows that the unrest is spreading. Fooehow is in the Province of Fuhkien, where there are a dozen Methodlat missionaries. There are five more ln Hlnghun, who are tinder the direction of the Foochow Mission. Dr.

Carroll also received a letter to day from tho Rev. J. H. Pyke, treasurer of the North China Mission. lie had previously written about June 1 from Poking, but the letter received to day was dated Tien Tsin, June 8.

Mr. Pyke said that the city was then surrounded by Iloxers. They had the favor ol the regular troops and the government did not appear disposed to Interfere. The Rev. Josiah Klmber, associate secretary of the Protestant Episcopal Missionary Society at Thirty second street and Fourth avenue, Muuhattan, said to day that another cablegram would be sent to duy to Bishop Frederick R.

Graves at Shanghai, urging him to relieve the anxiety at home by sending further advices, and to take no risk to the missionaries In Yangtse Valley. The Rev. Dr. A. Woodruff llalsey of the Presbyterian Hoard remarked to day that the ard spent last week ln cabling to China.

SARATOGA MEETING LICENSED. Albany. N. July 23 A license granted by the State Racing Commission to the Sara toga Racing Association for the present season was filed to day. It authorized it to conduct races at Saratoga from August 1 to August fi.