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

7 THE BROOKLYN DAILY EAGLE. KEWYOEK, MONDAY, SEPTEHBEB 23, 1901. TiEE MONTHS IN I THE DUaYEK WILL CASE LATEST SPORTING NEWS. (For Other Sporting News See Page 17.) CZBLGQSZ SAYS "GUILTY," BUT PLEA IS HOT ACCEPTED CAMERON WINS. Loss of Appetite 'Is a 'symptom of fir'tioiial weakness which will mntiilVst itself more seriously ff neirlected in generally run down or debilitated conditioi; of the system.

It is eon.Miiouly one dish after another is set side. The sionmrh and other digestive organs need lent ion they must be strengthened toned. "My father was not well: he had no appetite. He began taking Hood's Sarsaparilia and before he hail (inishr the second bottle "WaB entirely well and his appetite wonderfully impi ed." Miss Helen Emerson, Ayer's Haverhill. Mass.

Hood's Sarsaparilia Restores nnpetite sives pennanent dl gestlve t'treiiirth and vigor. questions seen the Brooklyn make signals to the Texas on the day of the battle. Mr. Raynor What were they? "I do not kuow what they were. First I reported a one red flag hoist, which I supposed was 'Clear ship for That was immediately after going on deck." "How many of those signals do you recollect being made to the Texas?" "I saw that one.

Then shortly after I saw a second signal, which was a three flag hoist, and that is the time 1 reported to Captain Philip. He said, as I stated before, that I was not to look after the Brooklyn, but the Texa.9." "How many signals did the New York make to the Texas on the day of battle," asked Mr. Rayner. "I do not was the response. "Did she make any signals to the Texas?" "I saw signals from the New York, I think, but uot at 9 o'clock or 9:30." "How late?" "That.

I don't know. Twelve o'clock or around there. It may have been half past twelve. I saw the signals in the chase of DN TRIAL AT MlicOH Mrs. Eva Thalberg and Mrs.

Marcia D. Cox Withdraw From the Contest. H0NEYMAN CHARGES BLACKMAIL He Insists on a Speedy Trial and Judge Smith Sets the Case Down for Next Wednesday. Justice James A. Betts in the Supreme Court, special term, to day, on the application of Lawyers Thompson and Maloney of Manhattan granted an order allowing Eva D.

Thellberg and Marcia D. V. Cox to discontinue, on the payment of costs, the action brought by them against Walter E. Duryea to set aside the last will and testament of their father, Edgar Duryea, the Glen Cove starch manufacturer. Grace E.

Spriggs, a daughter of the testator, who was a joint plaintiff with Eva D. Thellberg and Marcia D. V. Cox is to continue the action. (Special to the Eagle.) Mtneola, N.

Y. 23 Another adjournment was reclared in the Duryea will case litigation this afternoon by Justice Wil mot M. Smith of the Supreme Court. When the case was called for trial this morning, D. W.

Guernsey, counsel for Mrs. Grace Spriggs, the plaintiff, said that she has determined to continue the contest, notwithstanding its abandonment by her sisters, Mrs. Eva Thelberg and Mrs. Marcia Cox. He added that his client was not ready, and said: "I have had no opportuniey to consult her.

She was not aware that the case was to be called to day and as General Benjamin F. Tracy has been retained to appear for her a week is necessary to prepare the case." B. G. Honeyman, representing Walter Duryea, the invalid defendant, who received the bulk of his father's estate, objected to the adjournment, urging that numerous delays had been caused by the plaintiffs through repeated substitution of attorneys. "We are ready," said he.

"and want to get this litigation ended, as it Is one of pure blackmail and nothing else. Mrs. Cox and Mrs. Spriggs live in the same house and it is strange the lattor did not know the case was to be called now. Numerous efforts have been made to ffect a compromise, he cause there is no cause for action." Under demands for a speedy trial, which the counsel for Duryea said was due his client.

Justice Smith set the hearing for Wednesday morning. CUBAN RECIPROCITY TREATY. Sugar and Tobacco Will Be Principal Products of Island Affected by the Agreement. Washington. September 23 As a result of several conferences between President Roosevelt and General Wood, Governor General of Cuba, it has ben determined to negotiate a reciprocity agreement between the United States and Cuba, the agreement to be sent to Congress early in December.

Cereals and machinery from the United States wll enter Cuba at reduced rates and sugar and tobacco will be the principal Cuban products affected by the agreement. NEW TORPEDO BOAT To Be Launched at Elizabethport, N. To day. The N'icholson, a new torpedo boat, now building in Lewis Nixon's Crescent shipyards, at Elizabethport, N. will slide from her stays at 3:30 o'clock this afternoon.

She will be christened by Mrs. O. H. P. Belmont.

At the same time another of Uncle Sam's new vessels the third of the five submarine craft which Mr. Nixon is constructing will be launched. Her name will be the Porpoise. She will be christened by Miss Fanny Maxwell Moore, daughter of C. A.

Moore, president of the Montauk Club of Brooklyn. It had been planned to launch the two boats last Thursday, and President MsKinley had been invited and had promised Mr. Nixon to attend. The exercises to day will be as simple and unostentatious as possible. The Nicholson is of the latest design, and when assuming the contract for her building I Mr.

Nixon promised a boat that would aver age v.wenty six knots an hour. The Nichol son's trial, therefore, will be watched with interest. The boat, which is a sister to the O'Brien, launched several weeks ago, meas urcs 17 feet at the load water line, 17 feet beam and has a displacement of 174 tons. To attain the speed promised the Nicholson will be furnished with engines capable of 3,000 horse power. The cost of the craft is to be $165,000.

i The submarine boat Porpoise is but 63 feet in length at the load water line and has only ii teei a incnes oeam. sne will be able to make eight knots an hour with her sixteen horse power engines, and when completed will have cost $170,000. WIAMAN HELD FOB, TRIAL. Alleged Thief Who Was Tracked Flour. by Louis Wiaman, 42 years old, of 196 Center street, was held to day on a charge of grand larceny in $100 bail for the Grand Jury by Magistrate Tighe.

ln the Butler street court. It is" alleged that Wiaman visited the machine shop of John Demihan, at 450 Hamilton avenue, and stole therefrom a field glass, valued at $30, and a valuable set of machine tools. The manner in which Wiaman was caught was Ingenious. He was tracked by means of Hour. Demihan purchased a barrel of flour and had it delivered to his machine shop.

The next morning he saw a trail of Hour, which led for some little distance along Hamilton avenc and then stopped. He called in Detective Fay, who found that the footprints were those of a very large man. Then he visited a pawnbroker's shop, on Woodhull street, where he learned that a visitor the previous night had pawned a pair of field glasses. The broker gave an excellent description of the man and Detective Fay arrosted Wiaman. DR.

BODKIN IMPROVED. Physicians Think There Is a Chance for Recovery. Dr. Dominick G. Bodkin, 290 Clinton avc nue.

who has been critically ill for several weeks, was reported this morning to be much improved. In some way which cannot be accounted for. the ulcers are believed to have passed from the stomach and the doctor's chances I of recovery are believed to day to be better 1 than at any previous time during bis illness. The attending physicians say the peculiar turn ot the ease is very unusual. I STARIN BOAT FOR YACHT RACES.

I The three deck steamboat Glend Island of the Starln Transportation Company is tho only vessel of the Starin fleet which will at itend the present International Yacht Races, John Hornby, superintendent of the excursion department, stated that the Glen Island. was the largest vessel of the fleet, and having been recently repainted and refurnished throughout was the most desirable vessel for this purpose. The well kuown Starin Pier, at Cortlandt street, has unlimited passenger capacity, but the Glen Island will hve tho sole use of this pier for receiving and discharging yacht race passengers. CUP YACHTS WAITING FDR FINAL STRUSELE. Shamrock II and Columbia Ready for the First Race on Next Thursday.

BOTH IN THE BEST OF TRIM. Top Sides of Challenger May Not Be Painted Columbia Will Use Well Tried Sails. John Hyslop, official measurer of tho New Tork Yacht Club, will to morrow run his tape over Shamrock II, the speediest yacht ever acnt act ess the Atlantic to race for the historic America's Cup. The Herreshoff built boat Columbia, successful defender of the cup in 1899, upon which all true Americans pin their hopes of gain retaining the trophy, will receive like mention from the hands of the measurer, sll in an endeavor to ascertain the relative racing lengths of the two SO footers and the consequent time the larger challenger will have to allow the defender over the thirty mile course. The work of measuring the big racing machines will be done in the Boston Dry Dock, at Erie Basin, where the water will be absolutely smooth, and an estimate of the Hues on which the cup yachts float can be correctly obtained.

Experts, to the best of their ability, from the data at hand, have already figured out the allowance and the consensus of opinion is that Shamrock II will allow Columbia time ranging somewhere between one and a half and two minutes. Those aboard Columbia would almost prefer to sail boat for boat rather than on a time allowance of only a minute. One of the officers of that craft explained this attitude by saying that, should the challenger be able at any stage of the race, by dint of her immense sail area, to run by and blanket the defender, the latter would be unable to straighten herself out inside of a minute, while, with an allowance around the two minute mark, Columbia would be bowling along once more and saved from defeat bv the allowance. Shamrock II was receiving the finishing touches this morning. The hull of the challenger, clear to the gunwale, shines like a newly minted copper cent.

Her three inch rail is painted a Shamrock green, as is also the name, printed in neat letters on the stern. This is all the color of emerald hue exhibited on the boat and it is extremely doubtful if the top sides will be painted at all. No photograph could picture this magnificent craft as she will appear, when heeled, with her whole hull one glittering mass of polished metal of rairror like surface. A few odd jobs are being done aboard the boat, such as varnishing small spars and' the like, but the real work is over. A hundred artisans were busy this morning laboriously rubbing and rubbing the un derbody.

The newly plated rudder takes on a darker polish than does the rest of the hull. Columbia, on the balance dock at the Morse Iron Works shipyard, was receiving a last polishing before going overboard at 7 o'clock to morrow when she will leave for Erie Basin to be measured. The rice preparation, "Normaline," is first applied to the hull, followed by an exhaustive burnishing with steel wool, a veritable wool made up of the minutest steel fibers. The defender, too, is fit and practically ready for the race. She will carry the same mainsail used ln the trying out spins.

The boom has not been changed, as was rumored, and the Herreshoff yacht will go into the first contest on Thursday next in almost the same suit of sails which helped to defeat Constitution and Independence. The crews and officers of the contending yachts are restlessly waiting the time when they will be in harness once again. To those who handle Shamrock II, from Captain Sycamore down, the cup contests come as a culmination of a season of hard work. It looked in the first trials of the challenger, on the other side, against her predecessor of the same name, that the new boat, designed by AVatson, might not prove fast enough to be chosen as the representative of Sir Thomas Lipton on this side. Eventually, however.

Shamrock II proved a faster boat than the challenger of 1899, and the hopes of crew and captain to sail for the cup, an honor which they had from the first expected, was realized. To the captain and crew of Columbia it means more than an expected outcome of the season's events. It is to them the realization of a surprise, a victory of which they never dreamed when each man signed for the season on the boat considered merely as a trial horse for Constitution. The selection of Columbia was a personal victory of Captain Barr and his crew. Not one man in Columbia's complement of men but thinks Constitution is the speedier boat.

This is a strong statement, but It is simply the truth and Is a view shared by every one who has followed the career of the two Herreshoff boats. The victory of Columbia over Constitution, then, was to a great degree one of the crew. The body of lucky tars and the officers, who achieved success over the latest Herreshoff creation, will stand a lot of beating in the coming series of races. The impression still grows that Shamrock will be a dangerous boat in light air with wind anywhere abaft the beam, and many yachtsmen are already conceding her a better showing on that point of sailing. On windward work it is felt that the American boat will prove superior.

In heavy breezes the Herreshoff boat is considered as having a good chance of a clean cut' yictory. A few deductions show an interesting state of affairs. Columbia, through superior handling, proved a more reliable craft than did Constitution. Herreshoff, ln Constitution, has embodied his best and most modern ideas. In order to defeat Columbia, Shamrock II.

with her admittedly fine captain and crew, must be the equal of Constitution or a bit better. If this proves the case, then Designer Watson will have wrested the laurels from the Herreshoff brothers and at once jumps to the front as the foremost yacht designer ol the world. Is it probable that designer Watson has accomplished this feat? The contests are about to begin and they alone can ans wer this crucial question. GOI.F MATCH POSTPONED Between "Van Cortlandt and Scarborough Golf Clubs. Boston.

September 23 The first of the series ot home and home matches between the Van Cortlandt Park and Scarborough Golf clubs of Franklin Park, scheduled for this week, ha3 been indefinitely postponed. At present it looks as though tho clubs will not meet before next spring as several of the local players return to college this week and consequently will be unable to take the New York trip. GATJDAUB CHALLENGES TOWNS To a Match Race for the World's Championship. Winnipeg, September 23 J. D.

Gau daur, ex champion of the world, has declared his intention of re entering the world of aquatic sport and has Issued, a challenge to champion Towns for a championship race. Towns has not yet stated whether or not he will accept. He Stole a Gold Watch and Expected He Would Get a Longer Sentence. ALSO ACCUSED OF BIGAMY. Troubles of a Man.

Who Married Because He Thought the Girl Had Money. The happiest man in Brooklyn this afternoon was Augustus M. Drury, when he learned that the justices of the Court of Special Sessions had seu him to the Penitentiary for three months for stealing a gold watch from his sister in law. He expected more. He had an idea that it might be a year and maybe a fine added, and he was as shipper as a sparrow when the Justices told him that he would go up for three months.

"I'll have to thank the Assistant District Attorney (Mr. Van Wyck, the Mayor's nephew), and the Judges for that when I get out," he said. "They've got me indicted for bigamy and I'll be ln good form when I leave the Jail to Sght them. I was dead sure that I'd get more than three months. Then if I had been left out a while longer than I was I would have been in more trouble maybe.

Nobody knows where that woman would have led me. I mean my second wife. She told me to pawn the watch and that was only petty larceny. She might have led me into forgery or worse if I had been allowed to remain at liberty. That's why I'm glad that it is no worse.

Fll fight that bigamy case and heat them on it." Thereupon the man who had been sent for three months to prison turned on his heels and whistled gleefully. He was behind barred gates, waiting for Joe Evans, the driver of the prison van, to come around to take him. out to the Penitentiary and he was glad of it. It was, indeed, a queer case. Drury is a decorator by occupation and is about 38 vears old.

He has had two wives one, the: first, being Emma Noll', who Is at present living with her people at 103 Pal metto street. He was married to her in 1S99, but he did not live with hor long. Then, at a ball at Stanwix Hall, on Ralph avenue, he met Florence J. Goldrick, to whom he was married in June la3t. He declared that it was not bigamy, for some fellow had told him that his flrst wife had secured a'divorce from him while he was absent in far away New Jersey, and that it was all right.

Miss Goldrick, who now sign herself Mrs. Florence J. Drury, was a prominent member of St. John's Church, at Lewis and Willoughby avenues, and so was her sister, Mrs. Ida Walsh, wife of an advertising agent.

Florence, Augustus says, was exceedingly anxious that he should marry her, but that must be taVen with a grain salt, for Augustus is not stalwart, nor a brilliant conversationalist, nor is he much of a letter writer, but he is an inordinate smoker of cigarettes. He was out of a Job, as he puts it, when the marriage took place, and it seemed that there was another case ot Mrs. and Lammle in existence. He thought she had money, for she lived pretty. at 316 Van Buren street, and she on the other hand thought that he had the cash.

But there was a violent awakening after the wedding and each discovered that the other had been misled. He had to pawn the pin that ho got from her as a marriage present, he says, to koep the wolf from the door. and it finally became necessary for him to pledge other things. "Judge," he said, passionately, to the pre siding Justice this afternoony after sentence had been "she once' met me in the street and told me that I must pawn something to get her money. All that I had was my overalls and a pair of' trousers under them.

I slipped off the trousers and pawned them and gave her the dollar that they brought me. She told me to pawn her slster'a watch." "We have not considered this bigamy case at all," said Justices Keady and Courtney, to the accused's counsel. "We simply find that he is guilty of this charge of larceny." Both of the wives of the accused were in court, Mrs. Drury with her sister to prove the case of larceny, and Mrs. Drury No.

1 to show that she still had some claim to jr husband. The fact of the Indictment was made known to the court' because there was a possibility that if he was not. found guilty on the larceny charge he might escape from the custody of the officers. The prisoner, when on the witness stand, declined to admit that he had ever been married to Florence on the ground that an answer to Mr. Van Wyck's rather pointed question might "tend to incriminate and degrade" him.

Ho admitted that he had written this letter to Florence' and it was placed ln evidence, although its pertinency was rather doubtful Brooklyn. August 4th. (54 McDougal Street. My own ar'inpr wife Will you try and forgive me for what 1 have done? I will try and he a hotter man now. If I send you money Toward gettinc your things again and nay your board that will show that I am trying to do better.

My pet, won't you see you can't get me back ln my home again? I we it to Valley Stream last nighf hUt wan Teoelved like a dog. I have not been to bed since Tlmrwlay night. Now. dear, for sake see what you can do with my folks about gettlr me hock home again. I am nil broke up ever this thing.

If they want you to be free I will swear to anything you Miy. I will let you get free nny time heoaupe you arc too good a girl to be deceived with what I have done: or I will save money and make a new start, for I love you fr. Xow. Belle, my dear one. won't you go and Ht my mother? You can do more with her than I can ever do.

I want to get back home, and build myaelf up again. I em going to try nn he a mini again if I can. Xow, my sweet wife, do try and for givo me. Say you will glvo a fair trial again, and I don't think you will ever regret It. I csinnot live without you.

Now, don't fnrget to write to me as poor, as you can do so. I would to pee you on Monday night at Sumnt'r ond Gntof avenues, If you can. Xow. try ana come, or write before it Is too late. I am half sick of this thing.

Well, gooa hy, my dear wife, with love and kisses. CiUS. MORE LAND NEEDED. Bayport, L. September 23 After looking over the grounds at Bayport last week, the Long Island Railroad Company decided that additional land for the proposed new depot site must be secured.

Surveyor E. Smith was employed last week to make the survey and there Is now every indication that Bayport's new depot will be nicely under way by the time nnow flies. ENGAGEMENT ANNOUNCED. Arverne, L. September.

23 The engagement of Miss Flora Helnsturter, daughter of Mr. and Mrs. N. S. Hc Insfurter, summer residents of this place, to Moe Buchsbaum of Manhattan, is announced.

Tho young couple will oo at home at the town house of the Heinsfurter family, 319 East Fifty second street, Dext Sunday. HELD UP AT COLLEGE POINT. Little Neck, L. September 23 A. Van Nostrand, who lives here with his brother Benjamin, was held up on his way home from College Point Saturday night by Ave tramps.

They took what valuables he had nhon him and about S3 in change, but failed to find that he had in an inside vest pocket. He made a stout resistance and shows the effects of the encounter. GLFT TO TEE RECTORY. Amityville, L. September 23 Through the generosity of Mrs.

George Stanton Floyd Jones of Massapequa, St. Martin's rectory on Union avenue has been connected with the village watc system and all the modern conveniences, embracing hot and cold water, bath rooms and toilet, have been provided. GOING TO A DIME MUSEUM. Sag Harbor, L. September 23 Miss Fannie Tunnison of this place, a wonderful paralytic, who sews, embroiders, paints, draws, play9 on musical Instruments and writes entirely by the use of the mouth, leaves this evening for New York to become a dally attraction at a Manhattan dime museum.

Continued From Page 1. penalty be death. He was excused by the prosecution. Four Jurors Accepted in Less Than an Hour. Silas Carmer, another farmer living at Clarence, had already made up his mind as to the guilt of the defendant and he said he should want "pretty good evidence" to the contrary to vote for his acquittal.

He could give him a fair trial, however, on the evidence and was, therefore, accepted by both sides and sworn in as the fourth juror at 11:04 A. leBS than an hour after tho court opened. Herman B. Tauber, a local railroad clerk, was next called, but as he had expressed a firm opinion of the case, he also was excused by the court. Dennis T.

O'Reilly, a life insurance agent for thirtv years in Buffalo, had formed an opinion in the case, but had not expressed it to any one. His opinion could be changed by the evidence. He was excused by the people. Prisoner Appeared to Be Unconcerned. During the examination of the prospective jurors, the prisoner 6at straight up in his chair and gazea straignt aneao ai mo of his senior counsel.

Beyond the rapid blinking of his eyelids he appeared unconcerned. His position did not change in the least, and he made no effort at communication with his counsel nor they with him. Frederick Langbine, a railroad section foreman, said he was a firm believer In capital punishment. He had not formed or expressed an opinion as to the guilt or innocence of the defendant. He was excused by the prosecution, however.

George Ruehl. a barber of this city, next called, was a believer ln capital punishment, he said. Mr. Ruehl Is a member of the general assembly from the Buffalo district. He said in reply to a question from Mr.

Lewis as to whether he had talked much about the case: "The people have talked more to me about it than I have to them." He said he had formed no definite opinion, but nevertheless he was excused by the defense. Wallace A. Butler, a farmer of Sardinia, had formed a definite opinion as to the guilt of the prisoner, and said that the evidence would have to be convincing to raise a reasonable, doubt in his mind. Judge Lewis accepted Butler as competent, but he was excused by the court. The next of the pannel summoned was James.

S. Stygall, a plumber. After a brief examination he was accepted, making the fifth juror secured at 11:35. Frank J. Litz, a clerk, had not formed any opinion.

He was confused by the questions of the counsel and made, several contradictions. He was excused by the defense. Milburn a Spectator. John G. Milburn, the host of President Mc Kinley, at whose home the death of the President occurred, came into the court room at 11:30.

There were only four women in the court room, three inside the railing as guests the court and one in the spectators' seats. One by one the government's witnesses had come in, and at 11:30 there were present As sistaut Superintendent P. B. Cusick of the police; Dr. Herman Mynter and Dr.

M. D. Mann, who attended the President: Dr. James W. Putnam, Dr.

Joseph fowler and Dr. Floyd S. Crego, local physicians. Michael McGloin, a carpenter, was also excused by the people because he had expressed an opinion on the case. William Loton, a farmer at Edon, was chosen as the sixth juror at 11:43.

Judge Sherman of the Superior Court and Judge Hammond of the Supreme Court of Massachusetts came into the court room just as Benjamin Lang, a Buffalo grocer, was called. They were Introduced to Justice White and were given seats at the clerk's desk. Judge Titus for the defense conducted the examination of Lang. The latter was excused on the ground that he had an interest in a corporation owning property, but had none in his own right. An error in the panel JUst Was found when Otto F.

Hager, a Buffalo was called for examination. Mr. Otto F. Hager of Grand Island presented himself instead and he was excused. The next, man called was Walter E.

Everett, a local blacksmith. He was satisfactory to both sides, and so was accepted as the seventh juror just as the bells struck the noon hour. After the acceptance of this juror, Judge Lewis addressed the court and stated that, inasmuch as both he and his principal associate were aged men, and. owing to the suddenness of their connection with case and the fact that they had little time for preparation, he desired the sessions of the court to he as short as possible. He believed the progress of the case would in no way be hindered or delayed by short hours He suggested that court convene at 10 A.M.

and close at 4 P. M. and that, there be an Intermission from 12. noon, until 2 P. M.

Justice White expressed himself as being agreeable to this arrangement, believing the request to be a reasonable one. He, therefore, made the hours of the court to conform with Mr. Lewis' request. Benjamin J. Ralph, a hank cashier, was called to the stand at noon.

After the usual questions from counsel on both sirles, he was accepted and took the eighth seat in the jury box. The adjournment of court until 2 o'clock was then announced. The spectators were ordered to keep their seats until the judge, jury and counsel had passed out. At the same time Czolgosz was handcuffed to the deputies and hurried from the court room back to the jail. For the first time since he came into the court room he spoke to one of his guards.

"Got my hat," he said, and the officer placed it upon his head and walked out. Immediately after the adjournment of the court a meeting or the medical experts was held in the office of District Attorney Penney. The meeting lasted half an hour. Dr. Mac Donald was the first to leave the room.

When asked if it had been decided to call the doctors to the witness stand he replied: "We all may be asked to testify. The matter rests with the counsel tor the defense and the district attorney. Of course we cannot announce our decision as to the mental condition of Czolgosz in advance. It would be unprofessional and disrespectful to theBe two noble men who have undertaken to uphold the dignity of the law by defending the assassin. "But," he added, significantly, "there are very few people who have not formed the proper opinion as to what our verdict will be." The Afternoon Session.

Evielently the general public appreciated the fact that it would be practically impossible to get a glimpse at the scenes within City for very few persons stood about the entrance when the witnesses and attorneys began to file back into the building after the noon recess. The prisoner was brought in manacled as before to two officers and at 2 o'clock Justice White resumed the session The second man called was Samuel P. Waldo. He was accepted, making the ninth juror. Andrew J.

Smith of Buffalo, was chosen as the tenth juror at 2:18 P. M. The eleventh juror was sworn in at 2:40. His name is Joachim H. Mortens.

The twelfth juror was accepted three minutes later. His name is Robert J. Adams. Assistant District Attorney Haller briefly presented the case of the people to the jury and at 2.55 the first witness was called. WANTS PICTURE OF A CELLAR.

Mrs. Conley Takes Radical Steps to Make Her Complaint Public. Mrs. Anna L. Conley of 109 St.

Johns place advertised yesterday in the Eagle offering fr a flush lieht picture of the cellar at 485 Hicks street. She also sent out 10.000 circulara denouncing the Board or Health for failing, as she alleged, to put the cellar in a sanitary condition. She has been complaining for a long time and says that there is a leak in a drain pipe in tho house adjoining owned by a Mr Cusack, who, sho says, is a politician. The fact of his being well connected with the leaders, Mrs. Conley says, prevonts her from gcn.i6 jud'" 1 ui.

iiuihi tng against the city for $5,000 damages. Dr. Black said this morning that he had investigated every complaint made by Mrs. Conley and declared that there was nothing in any of them. Caughnawaga Runs Second and Numeral Third in First Race at Graveaend.

(Special to the Eagle.) Gravesend Race N. September 23 The weather is clear and cool and pleasant. The track. Is fast. The attendance is large.

The starters in the opening race, for 2 year olds, at five and three quarters furlongs, were: Numeral, ICO j. Daly). 40 to 1. Cameron, 115 (Cochran). 8 to 5.

Rtghtaway. 110 (J. Woods), 20 to 1. Glen water, 113 (T. Burns).

10 to 1. Calsary, 100 (Brennan). 100 to 1. Cauehnawasa, loo OVonderly), 5 to 2. Narrator, 100 (Force), and Analt, 105 (Mounco), coupleil, 7 to 1.

Peninsula, 115 (Bullman). 7 to 1. Kindred. 100 (Furman). 100 to 1.

Hot. 100 (R. Henderson), 50 to J. Andy Williams, lis (Beauchamp). 20 to 1.

The race was won by Cameron. Caughna waga was second and Numeral third. Time, 1:111 5. GRAVESEND ENTRIES. (Special to the Eagle.) Race Track, Gravesend, L.

September 23 The entries for the races here to morrow are as follows: First race The Klnprs Highway hurdle handicap; for'3 year olds and upward: with added, of which 200 to the second and $100 to the third. One mile and three quarters, seven hurdles. Name. Wht. Name.

"Win. Mutt Simpson 1501 Charawind 139 Captain January 135j Simper Ira 150 The Bachelor U2Fabius 130 Jim McGlbben 135! Miss Mitchell 134 Salesman 135 Second race For 2 year olds; handicap: with SSOO added, of which $125 to the second and S73 to the third. About six furlonps. Name. Wht.

Name. Wht. Otis I24 Chilton 123 Highlander 120Port Royal 117 Josepha 1161 Flora Pomona 118 Tribes Hill 109Father Wcntke Ill Cryptogram l07lCai roll 100 Lord Quex 1021 Third race For 3 year olds and upward; selllnir; with SSOO added, of which S125 to the second and S75 to the third. One mile and a sixteenth. Name.

Wht. Name. Wht. Himself 54 Disturber lOTi Alfred Vai Rrave 1U3 Alpen lOl'vMaxlmo 105 Roxane lOSjTrebor 104 Hammock HOiVesuvia 94 Dolando 105iHenr3' McCoun 10U Lucky Star 105KnlKht of the Garter 1US Fourth race The Albemarle stakes; tor Allies 2 years old; with $1,000 added, of which $200 to the second and $100 to the third. Five furlongs.

Name. Name. Wht. Lady Sterling OSIFemesole iu4 Lady Oodtva 2j Afieensinh 94 Prophetic l(UVild 13ms Ion Pearl Kinder 104i Lolschen 9 Destitute 104 Zlri S4 Sedition S9 Fifth race For mares and geldings of all ages; handicap; with SS.00 added, of whleh S125 to the second and $75 to the third. One mile and seventy yards.

Name. Wht. Name. Wht. Kamara 1181 Toddy Rod Path UOUantee 106 Louisville 106 The Amazon 1051 Paul CillTord ill Gunfire Frletchlc 92 Glengar SSILombre 85 Sixth race For maidens 3 years old: with $700 added, of which S125 to the second and 573 to the third.

About six furlongs. Name. Wht. Name. Wht.

Wealth 109Lady Georglana ICS Lamp O'Lec 112Welsh Girl 309 Elegy 109Scotch Bush 109 Bobs H2MIss Almy inn Arnk lOthlreno 1 indsey 109 Ilium 1091 CRICKET AT WISSAHICEON. Game Between Colts and Englishmen Is Resumed. Philadelphia, September 23 The cricket match between eighteen Philadelphia colts and "Captain Bosanquet and the English team was resumed to day at Wis sahickon Heights. The weather was perfect, and the wicket tn good condition. When stumps were drawn on Saturday evening the locals had scored 173 runs in the first Innings, and 130 runs for the loss of seven wickets in the second attempt, while the Englishmen had scored only 131 runs in the first innings.

This gave the Colts a lead of 172 runs, with eleven men yet to bat. BUTCHERS' SUPPLIES STOLEN. Two Boys Arrested and Held for the Theft. John Casey, 15 years old, of Grand and Myrtle avenues, was arrested this morning at 1 o'clock In company 'with Bernard O'Rourke, 215 Central avenue. They are charged with having removed a quantity of tools from a butcher supply store owned by Samuel Chilcls at 368 Flushing avenue.

Officer Dines observed the two boys passing up the street and arrested them as suspicious persons. He found a number of light tools on them. The investigation showed that the tools had been taken from the butcher supply shop. The lock had been forced very cleverly without breaking the wood. Inside a large pile of tools of various kinds were piled near the door.

Mr. Childs is out of the city for the day, so the exact amount of stuff removed could not be ascertained. Both O'Rourke and Casey were held in bail by Magistrate O'Reilly, at the Myrtle avenue police court, this morning, to await the return of Mr. Childs to the city. DEATH OE THOMAS SHEVLIN.

Thomas Shevlin, a nephew of James Shev lin, and superintendent of the Brooklyn Sanitary Company, died at his home, 508 Twelfth street, yesterday, of typhoid fever, after a week's illness, in his 28th year. He had been employed by the Sanitary Company for several years and had secured his advancement from office boy to his present, position by lorce of ability. His father is Patrick Shevlin. He was the favorite nephew of James. MRS.

BCC KIBTLEY'S CONDITIOST. Canton, September 23 "There was no change in Mrs. McKlnley's condition during the night. She continues to bear up very well." This was Dr. Rixey's statement at 10 o'clock.

At that time preparations were being made to go for a drive, with the cemetery as the probable destination. The weather continues mild and well adapted to outdoor exercise, which It Is desirable to have Mra. McKInley take. LIEUT. COL.

RUSSELL IMPROVING. Lieutenant Colonel Russell, who was the victim of a murderous assault on Thursday last, was reported at his home, 28 Henry street, to day to be improving. CONSUL NAMED BY ROOSEVELT. Washington, September 23 President Roosevelt to day appointed Joseph J. Lauger of Nebraska to be consul of the United States at Solingeu, Germany.

ROAD IMPROVEMENT. Huntington, L. September 23: The contract for the improvement to Main street, in this place, has been awarded to Isaac Harris of Brooklyn for $9,379.30. Engineer Towle o' Manhattan, who has the work In charge, io expected here to day. He says the work will be finished inside of two months.

CONFIRMATION" AT SAYVILLE. Sayvllle. L. September 23 Bishop McDonnell paid Sayville an official visit yesterday and was present at St. Lawrence Catholic Church, with his secretary, Mgr.

J. I. Barrett. He confirmed a class of thirty two young girls, four boys and two adults. Services were held In St.

Paul's M. E. Church. Ov uer Pay. last evening out of respeet to the memory of Daniel W.

Barto. who died last week. The members of Matlnecock Lodge. F. and A.

and Arbutun Council. Royal Arcanum, of which organizations Mr. Barto was a member, attended in a body. Edward H. Barker has resigned as chief engineer of the Amltyvlllo electric light and water plant.

the Colon." Objection was made to this line or questioning and the question was withdrawn temporarily. The court, then took a recess Session After Luncheon. When the court reconvened at 2 o'clock Mr. Rayner continued his cross examination of Commander Heilner. He asked him especially concerning the official chart of the battle off Santiago exhibiting the chart.

The witness said he had been one of the board ot navigators who had prepared the chart, He had testified that the Brooklyn was only lof yards distant when she crossed the course of the Texas, but he stated that according to the chart the distance was about J.S00 feet when the Brooklyn was making her famous loop. "But." he said, "we are going through a lot of matter here which is worthless." "Oh. it is worthless, Is it?" questioned Mr. Rayner. "According to the map the two vessels were never nearer than within 2,400 feet of each other." The witness replied that he considered the map inaccurate.

Manna interposed to say that if the point intended to be made was that the chart is inaccurate the government would concede at once that this was true. "It is a great pity that you never conceded that before," said Mr. Rayner. "We never had the opportunity." responded Captain Lemly. Mr.

Rayner then commented quite vigorously upon the fact that the. ehsrt was an official document. After a careful inspection of the map. Commander Heilner revised his statement saying that the distance was about half a mile as shown by the chart. Commander Heilner also said that the chart made the Brooklyn go half a mile out to sea in making its loop; that on that point the chart also was not accurate.

At the time he said the Texas was going at the rate of about 12 kuots an hour. Witness stated that he had not in his examination in chief meant to say that the ship had lost three miles in as many minutes, but that in all that much time had been lost. "I saw a bright smile on your face when I said it." added the witness to Mr. Rayner. "and thought you misunderstood." Thereupon all laughed, the members of the court included.

The witness was asked by Mr. Rayner concerning the stoppage of the Texas when the Brooklyn appeared in front of her. "The signals," witness answered, "were to 'stop' and and one right on top of the other, before I could say a word in between." "Does anything appear in your log about that?" asked Mr. Rayner. "Nothing," answered the witness.

"It was not on the log. I can tell you why it was not. because Captain Philip said he did not like to have anything in it. I swore to the judge advocate of this court that I would not bring up a dead man to substantiate anything I said that I would not bring up this point. 1 am sorry I brought it up, but Captain Philip said he would not put It in his official report.

I hope I can get some one to substantiate mo on that point because there was another gentleman In the cabin when he made hie official report." ONLY MEANT TO BE FRIENDLY. Waller, However, Will Never Again Try to Guard the Property of a Drunken Man. 'Walter J. Waller, who was arrested last Friday morning by Officers Horahoe and Mc Guire on a charge of having stolen a diamond ring and pin from James C. Meyers.

as discharged from custody this morning in the Adams street court by Magistrate Dooley. It. was clear that the young man did not mean to steal the jewelry, but accommodatingly took care of them for Meyers. The men. who had never seen each other before, met at the foot of Broadway on Thursday night and begaa driuking.

Meyers, was very much under the Influence of liquor and the two drifted downtown making a circuit of the saloons on the way. They finally landed in a place at the corner of Fulton and Pearl streets, and there Meyers gave Waller his ring and pin for safe keeping. Waller had just a hazy recollection of that fact when he was placed under arrest. But he protested against being locked up, declared that he was of respectable connections and asserted that he had never been arrested before. It was plain to Meyers when he had sobered up a bit that he had made a mistake, and that in formulating a complaint againtit the young man he was doing Waller an injustice.

So this morning he announced that he was satisfied that the other man had not Intended to steal his property. Waller declares that he will never again try to guard the property of drunken companions. CRAP PLAYERS CAUGHT. Many complaints have been received by the police of the Herbert street, the Stagg street and the Hamburg avenue station houses about Boys playing crap on the streets on Sunday. Men in plain clothes were sent out yesterday in the three and succeeded in arresting fifteen boys.

They were arraigned in the Manhattan avenue court this morning and were held for examination until to morrow. REMOVING MASTERS' ELEVATOR. The New York Dock Company has begun the work of demolishing Masters' elevator, or, rather, what remains or it, en Commercial wharf, Atlantic Dock. This elevator was burned down last winter, but now it seems likely to bf rebuilt by the company, as its affairs are settled. Considerable Improvements of various kinds arc being made on the property, including the dredging of the slip at L'nion stores.

NEW PACIFIC CABLE COMPANY. Albany, September 23 The Commercial Pacific Cable Company was Incorporated today with a capital of S100.000. The general route of the company is from New York City across the United Stales to California, thence under the Pacific Ocean to the Hawaiian Islands, thence to the Philippine Islands, touching other islands in the Pacific Ocean. MEETING IS ADJOURNED. The depositors' organization of the Commercial Hank was to have had a hearing be fort Justice A.

Betts on a proceeding to briiig stockholders into court to make good tiie of the bank for debts for which stockholders any event may be made liable. but the matter was adjourned ten days, as the papers had not been tiled in the Attor nev tieneral's office until Friday. ALLOWED TO CHANGE NAME. Judge Joseph Asplnall has granted I permission to William Francis Abrahams to i change his name to Adams. The petitioner informed the court that the name of Abra hams the source of annoyance to him and his family as It.

was generally inferred that he was a Hebrew. POLLY, YOU'RE A NUISANCE. Two men and a woman called at the local health office to day and complained of a parrot in the house at 107 Sixth avenue. Polly, it was alleged, persists in singing "Annie Moore" and "Strike Up the Band, Here Comes a Sailor" at unseemly hours of the morning. Dr.

Black will investigate and If necessary have tho bird muzzled. malned sixteen days and would have had sufficient left to reach Key West. Assuming the distance to Key to be 700 miles what coal won Id have been ueces sary?" asked Captain I.emly. Commander Sehroeder said: "1 should think 150 to 17.1 would probably have taken us there. "We can always rely upon that because, as a rule, the engineers keep a little aheud rather than behind their ooal account." Wants to Return to Guam.

When Commander Sehroedor left, the stand ha was request! to retun: to morrow and correct the ofhVial copy of his testimony of to day, if necessary, lie said he would do flo, and asked if he could then be excused. "I desiro to make aiy preparations for returning to Guam." be said. He was told that he could do so. Lieutenant Commander L. C.

Heilner, who was navigator of the Texas during the Spanish war, was next called, lie said he had heard no guns fired the squadron approached Clenftiegos. Tu his knowledge no effort was made to ascertain whether the Spanish fleet was in the harbor at that point, or to destroy Spanish works there. Nor had there been any effort to communicate with Cubans on shore, until Captain arrived on the Marble nead. He told how the fleet had proceeded from Cienfucgos to twenty miles of Santiago. "We had." he said, "good weather, a fresh wind and a sea that was moderate to rough." None of the fighting ships had delayed the fleet, he said, but some of the smaller vessels had.

The fleet was signaled thnt the rendezvous would be twenty five miles due south of Santiago. Commander Heilner said th.it while the Tcxa9 was not in the engagement with the Colon on May 31. he had seen some of the shots from the enemy which had fallen short. The Battle of July 3. The witness was then asked to describe the battle of July 3, and said: "The Texas had been heading about east when the enemy was seen coming out of Santiago.

Lieutenant Bristol, who was officer of the deck at the time, rang to go ahead full speed and put helm hard to starboard to make a turn. "When I got on deck he informed me of what had happened and I sent him below and assumed charge of the deck. The captain told me that he had eased their helm until he could find out what wav the ships were going, and he also rang half speed. I suggested full speed. He said the battery was not ready.

I told him it would be ready before the ship was in position to fire, and then he said, All and rung full speed. "When the second of the enemv's ships followed the first to the westward he put the helm hard to starboard. I made several reports to him about the Brooklyn regard ing her signals. He said. 'Never I also referred fo the way I thought the Brooklyn was standing up to the fight very nicely.

The captain said, 'Oh. crackle: Never mind the Brooklyn. You look out for this The Brooklyn then was about on. her port beam. "So, I said, 'All right.

Captain; I will look at the Brooklyn no more, and I turned my back, looking on the starboard beam at the ships getting out. After we sheered around and got to the westward I suggested to give her a little port helm to get closer in, and he did. Right after he gave her i.this helm' he sang out through the sight hofc to the men at the wheel and at the engine room iudicatoi to slow, then stop, and I said: 'Captain, they will all get away from "Xook at the Brooklyn!" "He did not answer me, but immediatelv stepped back, and then I said: 'My Lord, Captain, wc are out of the lie said: 'Look at the Brooklyn. I turned around, and' right ahead of us this big, gray ship loomed out of the smoke. For a second I thought my heart was in my mouth.

We were steaming with a heavy helm and sho steered by "us: When I saw her sho was practically ahead of us. That Is the first I saw. She sheered off and went to sea, I should say about 2,000 yards, and then on to westward. "As soon as the Brooklyn cleared us we rang to go ahead, and started up forced aft again. After that we simply followed on as fast as we could on a line that was just inside the line where the Oregon was engaging the "Just before this turn of the Brooklyn the Iowa and tiie Oregon were both close to us on our starboard helm.

We continued I the chase until the Colon hauled down her flag, when the Captain gave the order to stop forced draft." Captain Lemly How near was the Brooklyn to the Texas at the time you say you saw her lcom up out of the smoke? Ships Within 150 Yards of One Another "I did not make any estimate at the time, but I came to the conclusion later that she was between 100 and 150 yards from us, which was a much longer distance than Captain Philip thought it was." i'Captain Lemly "Perhaps I should have asked you in the first place the position of the Brooklyn relative to the Texas Just before going into battle." "She was almost astern of us. That is because we v. rro headed almost east. She should have hnrr.c west by northwest. She was heading tor he hind and 1 thought she was standing pretty nearly on her north course.

I did not see at first any indications of turniDg and I thought she was going right in." "Did the Brooklyn give any steam whistle signal to indicate her change of course?" "That I do not know." "Did you hear any?" "I did not hear any." "Do you think you would have heard it If there had been nteam signal?" "No. sir: we enuld never have hoard it." "At what time during the battle of Santiago do you consider that the Texas was in the greatest danger?" asked Captain Lemly. Mr. Rayner object eontemliiie that such opinions were shut out by a previcu ruling of the court. Mr.

TTanna said were many minor pnlnrs on which the cour: murt 'from time to time ask the opinion of witnesses. The point was also argued on the one side by Captain and other by Judge Wilson. The court overruled the objection and the question was repeated. Moment of Greatest Danger to Texas. "Looking back." responded the witness.

"I know that the time of greatest danger or the Texas was when the Brooklyn loomed up out of the smoke right ahead of He said In response to question. thai ho had never sailed with a man who had sight, or who handled his ship to better advantage than Captain Fhtllp. He addec that the Captain had on this occasion given successive orders and that the Texas had backed "uniii it was dead in the water." He r.aid that on amount of this incident two or three minutes had been lost and that fully three miles were lost to the ship. A part of this delay ha however he said, been c.tttsed an r.nuni o'i the fault of the ship's bln'vcrs rendering the vessel slow in gettim: no rv.eam. Referring to Comme Schley's b'o kade of Santiago h.v.

bcr. the witness said that during the rlay the iliiiante was five or six miles out. but the; across the mouth of the harhc: at niaht. the distitr.ee was gradually (in die i.tv when the enemy's ships rr dic the had been closer in. lie hud.

he l. on that day thr. 'r hrr'io Aslccd the opprrt unit v. as good tit that time for observing the enemy's vessels, the witness replied that after th" moon set, as it did earlv in the evening at that time, the darkness was such that the enemy's ship could not be distinguished at any great distance. Commodore Heilner was then questioned at considerable length considering signals.

He had, he said, in response to Mr. Rayner's.