The Brooklyn Daily Eagle from Brooklyn, New York • Page 3

NEW YORK. WEDNESDAY. APRIL 23. 1002. JTSCELLANEOTJS.

LINDENTHAL WON'T TALK. LPS TO BET 11 DIVORCE JCrSCEXIiAUEOUS. Refuses to Affirm or Deny That He Will Kemove Robinson. Bridge Commissioner Lindenthal refused this morning to affirm or deny the story that he was going to remove Deputy Commissioner N. L.

Robinson. Mr. Lindenthal declined to see reporters, but through his private secretary, in response to a question, he sent out word, that he had nothing to say. "I am not responsible for the rumors circulated regarding my department," the Bridge Commissioner said. sitvnuauK vii vi FOR SPEAKING TO FOWLER.

'OR HER OWN SON IN borne in Brooklyn can be paid off easily and economically through the Gagle Savings Loan Company, one eigbty'Six Hemsen st. Mrs. Kemp, Arrested for Simple Assault, Gave the Case a New Turn. IV s. Underla's Testimony Against Her Daughter, Mrs.

Anrelia Diemer. OBITUARY. AN UNHAPPY STORY RETOLD HER MATERNAL LOVE NOT DEAD THE BROOKLYN DAILY EAGI MISCELLANEOUS. I MISCELLANEOUS. I Art Yet She Tells of Kissing Scenes Between TO COUNT The Magistrate Tells Her She Should Not Have Revived It, for Her Husband's Sake.

Her ey P. Fowler. Hervey P.Fowler, whose funeral was held this afternoon from his late residence, at 2.204A Fulton street, was a veteran and former provost sergeant of the Thirteenth Regiment, N. S. N.

and a veteran of the War of the Rebellion. Death was caused by pneumonia, contracted while Sergeant Fowler was in attendance at the funeral of the late Colonel 'William L. Watson, and occurred Sunday. Mr. Fowler was born In Charlestown, 57 years ago, and at the age of 16 enlisted in the Fifth Regiment, Massachusetts Infantry, and later served In the Massachusetts Light Battery, taking part in the battles of the Wilderness, Antletam and others.

He served altogether seventeen years in the Thirteenth Regiment. Since the war he had been engaged in the contracting business. He is survived by a widow, one son and one daughter. The Rev. Charles J.

Allen, pastor of the Beecher Memorial Congregational Church, officiated at the services. for Bresfekfast is 4he Best Prepatration Tor the Da.y's Work Sweet, Crisp FlaJces of the Whole Whea.t svnd MaJt IN SELECTING TEACHERS. Corporation Counsel Rives so In terprets Law as Regards Brooklyn, Queens and Richmond. DIFFERENT IN MANHATTAN. (There, and in the Bronx, Appointments Must Be Made According to Standing on Lists.

Corporation Counsel Rives, In an opinion addressed tc President Burlingham of the Board of Education, has advised him regarding the disputed interpretation of section 1,090 of the new charter, as affecting eligible Mr. Rives holds that all of the persons Trhose names ere on eligible lists for the boroughs of Brooklyn, Queens and Richmond have equal standing, and that the highest names are to be taken off any existing lists for appointments. In the Borough of Man hattan and the Bronx, however, he finds that the oldest legal list must be exhausted before junior lists are touched. In Brooklyn, accordingly, the people on older lists iye no advantage over those on subsequent from the fact of the priority of their taking. Mr.

Rives discusses the matter in a long opinion. Regarding conditions in Brooklyn DTifl ttn cttiififinn fhrt flint nrndnoac th.i result named, he says: "The School Board Brooklyn adopted the following bylaws: "The local committee of a primary, gram mar or intermediate school shall appoint, subject to the approval of the committee on teachers, of the school board, from the eligible lists prepared by the City Superintendent of Schools, a principal, head of department, teachers and such other members of the school staff as may be authorized ty the school board, except special teachers." And a similar bylaw applied the same rule in the case's of special teachers and the teachers in high schools and training schools. Eligible lists for the school board of this omlners according to the charter, and additional names were furnished by the Board of Examiners whenever it thought proper, and added to the lists. The lists included large number names of persons which were added to' them under the provisions of chapter 644 of the laws of 1899, which amended section 1,117 of the charter. This statute provides that all licenses to teach lwt ktauiMft granted by the Superintendent of Public Instruction of the City of Brooklyn, or by authority of the Board of Education, of said cny, prior to ueoruary l.

recognized by the Board of Education of said City or tvi uuaiju ui Luc, outtLtj oi Public Instruction as in frirep at that int in gain city, snail, unless revoned tor cause by the State Superintendent of Public Instruc flent of Schools and the Board of Examiners of the City of New York, as in full force, and shall entitle the holders to appointment or promotion to any position to which they are respectively eligible by the possession of such licenses or certificates." After describing: briefly conditions in Queens and Richmond he says: I am of opinion that in taeh nf thpse boroughs at the time the charter of 1901 took effect the persons whose were on existing engiDle lists had no relative standing, as the nominating or appointing boards, as the case might be, had at that time the right to choose any person out of the entire number of names on these lists as they saw fit. I am of opinion that such power is now vested in the Board of Education, which has succeeded them. As the persons upon such eligible lists had at that time no exclusive right to be considered for nomination or appointment, and therefore the names of other persons could be added to the lists for such consideration without violation of their right. I am of opinion that persons upon eligible lists created since the charter of 1901 took effect may also be considered for appointment by the Board of Education. However, in choosing names for nomination from a later eligible list the uutiru ol supei iiimuueuis its restricted r.o those persons whose names stand highest upon such lists in accordance with section 1090 of the charter.

"The rights of persons whose names were on the eligible lists existing in these boroughs when the charter of 1901 took effect are preserved when they continue to be eligible for appointment to positions by the Board of Education. "These rights are not affected when the persons on later eligible lists are nominated for such appointment under the provisions of the present law." The difference in Manhattan and the Bronx, Mr. Rives finds. Is due to different bylaws and a different practice, the exhausting of an original eligible list before touching a later one. He says on this point: "The rights of persons upon the eligible lists existing when the charter of 1901 took effect were fixed by the bylaw of the school board of these boroughs, which has been set forth in full.

Under this bylaw the existing eligible lists are to be exhausted in chronological order. Nominations from them are to be made by the Board of Superintendents in the order of the lists, so that a person standing first on the eligible list shall be nominated first, and no person shall be nominated out of the order of his name on the list, unless the persons standing higher decline in writing to accept the position. "The results of each separate examination, no matter at what time they are tabulated, are to be regarded as forming together one eligible list. "The Board of Education must act upon the nominations made In this manner from the eligible lists by the Board of Superintendents, but it has undoubted power in its discretion to refuse to appoint any of the nominees, and in my opinion the refusal of appointment by the hoard would deprive the rejected nominee of his right to be nominated for appointment, except by the request or order of the Board of Education. "I desire to call particular attention to the effect of this opinion upon the cases of persons whose names have been added to the liglble lists in the Boroughs of Manhattan and the Bronx, under the rulings of the Supreme Court la the case of the people ex rel.

Goldey vs. Maxwell, 65, Appel. Div. 565, affirmed without opinion, 169 N. Y.

"The persons whose names were on the eligible lists in the Boroughs of Manhattan and the Bronx when the charter of 1901 took effect had relative standing, and such standing must be preserved as between such persons themselves. "The clause preserving the lists and the relative standing of the persons whose names were on them, under the circumstances of the case, gives them the right to be considered for appointment by the Board of Education before persons whoso names are on later ligible lists." FTJBNITTTBE VAN BTJKNED. A furniture van caught fire yesterday afternoon at Fifty eighth street and New Utrecht avenue. Harry Scheffer of 173 Defendant and Persina, the Corespondent. The story of a wife's alleged unfaithful ness to her marriage vows told by her own mother and in the presence of her beautiful 12 year old daughter brought to Justice Dickey's court to day more than the usual number of spectators.

The suit was that of Charles F. Diemer, a salesman, against his wife, Amelia Diemer. for an absolute divorce, and naming George J. Persina of 74 Ralph street, as the corespondent. It is be ing tried before a jury.

When the case was called for trial John S. Bennett, represent ing the plaintiff, asked that thi couple's child, a girl of 12 years, be excluded from the court room so that she could not listen to the testimony. This was objected to by Lawyer Henry A. Powell, for the defendant, and Justice Dickey allowed the child to re main. The first witness to testify was the hus band.

He told of his marriage to the de fendant on May 12, 1889, and of his business. and was followed by Mrs. Augusta Underla of 260 Cooper street. Mrs. Underla is the mother of the plaintiff and her testimony was sensational to a degree.

The allegations in the complaint allege that the de fendant was Intimate with the corespondent in the latter part of August and the first part of September, 1901, at 74 Ralph street and again at 10 Richard avenue. Glendale L. L. in the last part of September. A tur ther general allegation is made by the hus band that from January 1, 1893.

until tho present the wife had been unfaithful at dif ferent times. Mrs. Underla gave her testimony against her "Krhter as to the acts alleged In the complaint. During the great part of the time while she was on the witness stand she wept copiously. On one of the dates Mrs.

Underla said that her daughter sent for Persina, who was in Newark, N. to como and see her. This was while her husband was away, and the witness said that Persina came and remained at their home for eight days. Mrs. Underla said that she had a great affection for her daughter, even now.

but testified that on one occasion her daughter "chased her out of the house." was asked by Justice Dickey. "Because I chased the man out," replied the witness. The defendant's mother told of many kissing scenes which she had witnessed between her daughter and the corespondent. Helen Bartels, a friend of the family, testified that on July ID, 1D00. she went to call on Mrs.

Diemer and met the plaintiff on the street. He asked her if she was going to see his wife. She replied that she was. She said that she saw Persina sitting in the window of the Diemer fiat. She rapped for a long time dt their door, but it was not opened, although she heard whispering within.

She further testified that on an excursion to Glen Island five years ago she saw Persina sitting with his arm about Mrs. Dlemer's waist. Annie Persina, wife of the corespondent, was the last witness for the plaintiff. She testified that Mrs. Diemer called frequently at her home and that it was the invariable rule for her' husband to ac6ompany her from their home.

She said that her husband told her he would see Mrs. Diemer to the cars, but he would not come hdme until very early in the morning. All the allegations made on the part of the plaintiff are denied by the defendant. The trial is still on. THE COURTS.

MOTION TERM. Supreme Court, special term for motions: JosUh 1'. Marean. J. Ex part? business at 10 o'clock.

Motion calendar at 10:3 StTPREMB COURT TERM TRIALS. Day calendar, April 24: Wllniot M. Smith. Justice. N'os.

872, Busehman vs." Manneschmldt; 83S, Lalhonen vs. Silllman: 90S, Bennett vs. Regan; 74ri. Mcllanus vs. McManus: 420, Shepherd vs.

Shepherd: 350. Leavy vs. Leavy: S58. Stendel vs. StPndel: 917, Printz vs.

Citizens' Insurance Company: 919, Cohen vs. Cohen: 76iS, New York Build Inc'lian Banklnp Company vs. McGovern: Planten vs. Roohe: 7.i. Lelderman vs.

Bhlers; 920, Edward Thompson Company vs. Clark. SUPREME COURT, TRIAL TERM. Dav calendar. April 24.

Part 1. Gaynor, Part II, Dickey, Part III. Cochrane, J. Nos. 7,333.

Kasper vs. Brooklyn Height Railroad: 1.219. Wortman vs. Cltv of New York: 4.402. Wuest vs.

Brooklyn Citizen; 1,730. Klelnert vs. Jeans; 4.26K. Henchy vs. City of New York; 4.403.

McGarrlglo vs. McCosker; 3.761. Dunnlgan vs. Scanlon; 2.802. Fuehs vs.

Cuban Land and Steamship Company; 6.451, Ochs vs. Pohly: 2.183. Kennedy vs. lirook lvn Heights Railroad: 4,473, Gaflney vs. Coyne; 4.475, Gatena vs.

Metropolitan Street Railroad; 4.452. Epstein vs. Brooklyn Heights Railroad; 4,486. Goldstein vs. Brooklyn Heights Railroad 1.389.

Helman vs. City of New Y6rk; 4.262, Dar rah vs. Brooklyn Height? Railroad: 2,489. Nelmes vs. Brooklvtt Heights Railroad; 4,063.

O'Reilly vs. Urooklvn Heights Railroad: 4.542. Wlngerten vs. Henn; 4.514. Lasehe vs.

Klempt: 4. 546, Harris vs. Reardon; 4.548. De lee vs. Senn Metzger vs.

Brooklyn Heights Railroad; 4.553. Cook vs. Dlshrow; 4,553. Kobersteln vs. New York Last Companv; 4,555.

Mensehing vs. Schumaclfer; 3.652. Vail vs. Osterheld: 2.798. Doyle vs.

Coney Island and Brooklyn Railroad. The following causes. If marked ready, will be passed for the dnv: causes will not be eet down fn ttio fall; N'os. 4.378. Baltt Met ropolitan Street Railroad: 2.G70, Rlllo vs.

Sterling iron and ttanroaa ompany, i.m, xumpKjns vs. Tompkins; 1,479, Clanclmlno vs. Hoye; 4,572. Keller vs. Paddock; 4.5S2.

Meyn vs. Brooklyn Heights R. R. 4.69". "Webster vs.

Namm: 4.743. Difetech vs. Brooklyn Heights r.ailroart: 4. iH. Franklin vs.

Steams; ijOT' m.cn e. iriji 3.253. Cook vs. 4.775. Carol vs.

Brooklyn Heights Railronri; 4.P2". Brown Wanamaker; 4.969. Edler vs. Fanning; 5.O03. Campbell vs.

Coney Island and Brooklyn Railroad: 5,0.17. Straub vs. Schalk: 5.O. Straub vs. Ward: 5.103..

Rablnowltz vs. Bro'oklvn Heights Railroad: 5,195. Edler vs. Clifford: 5.296. Webster vs.

Nichols Chemical Companv; 5.371. Moran vs. Brooklyn Heights Railroad; 5.377. Ahramsnn vs. Brooklyn Heights Railroad; 5.442.

Sehauer vs. Metropolitan Street Railroad: 5.482. Trawnlckeck vs. Brooklyn Heights Railroad; Hibhltes vs. Brooklyn Heights Railroad: 5.4!Kl.

Zuckawltz vs. Coney Island and Brooklyn Railroad: 5.632. Dl Crnclr. vs. Excelsior Drowery; 5.663.

Sherer vs. Coney Island and Brooklyn Railroad: 5.666. Hofferhert vs. Adler; 5.686. Aspramont! vs.

Brooklyn Heights Railroad: 5,687, Clyde vs. Knickerbocker Lighterage: 5,735 to 5,738. vp. Metropolitan Street Railroad: 4.681,, King vs. Rronkfleld: 5.706.

Rrrdersen vs. Brooklyn Heights Railroad; McGovorn vs. Bauland; 2,658. Doyle vs. Metropolitan Street Railroad; 4.F,t6.

Nougher vs. Relchardt: 4.591. Smith vs. Dowd 4.: 93. Prnnkel v.

Brooklyn Heights Railroad: 4.595. Itncobardl vs. Brooklyn Heights Railroad: 4.596. 4.597. Santeniella vs.

Brooklyn Heights Railroad. Highest number reached on regular eall. 4. 587 COUNTY COURT. CRIMINAL CALENDAR.

April 24. Part I. Crane. J. William Crawley, burglary third, grand larceny second; Charles Su'l liva.n.

grand larceny second: Edward Lynch, attempted grand larceny second. COUNTY COURT. CIVIL CALENDAR. April 24. Part II.

Aspinail. J. Nos. 275, McDon old vs. MeCauly: 293.

Moreland va. Brooklvn Heights Railroad Company; 311. Keyser va Ar buckle: 260. Collins vs. Brooklyn' Heights "Railroad Company.

SURROGATE'S COURT. Calendar for Thursdny. before Surrogate James C. Church The accounting in tho estates of Mar'v Hanley. Mary Flanagan.

Sarah E. Flcia. Theodore L. Mason. Jane Klernan.

John Curran, Mary De Witt, Patrick J. Mnloney. C. Van Aken. Elizabeth Hughes, Aaron V.

Hendricks. Thomas Mc Garry and Edwat Ludlam. The estates of Halpin and George T. Cruttenden. The administration of Carl Drager i motion).

Revocation letters administration of Mathilda de Marla Van Dvke. The transfer tax of Margaret Bray Sa rah r. Van Slyke. Christina Diemer, Jesse Molt Joseph Hartman. Ellen McNabb.

Alice C. Treneh ard and George H. Wood. "cn Contested calendar at 10:30 No. 59, the William H.

West. 01 MEETING PLACE CHANGED. The next meeting of the Church Club of tho Dloceso of Long Island will be held In St. Ann's Parish Hall, Livingston Atreot, instead of in the Hall Memorial House' 157 Montague street. It will take place bn iQ day evening at 8:30.

The Rev. Alexander Vance, rector of St, Michael's Church, win address the club on the subject ot "Tnis Anglican Reformation." A case with some decidedfy sensational Jea tures came up to day before Magistrate Kramer, in the Myrtle avenue court. What looked like an ordinary assault case before the defendant was brought to the bar turned out, in the course of the proceedings, to be the revival of a romance of twenty years ago, with a pathetic sequel! William H. Fowler. 62 years old, a bookkeeper for Samuel Strike of Manhattan, and living at 313 Willoughby avenue, caused the arrest of Mrs.

Margaret Kemp, a good looking married woman, 42 years old, on a charge of assault in the third degree. The assault Is said to have taken place about 8 o'clock, on the evening of April 17. in front of the complainant's house in Willoughby avenue, and the incident drew quite a crowd before it was over. It consisted in the tearing of the overcoat of Mr. Fowler, which garment was offered as evidence in court.

In court to day the lawyer on one side accused the other of ungentlemanly conduct, and gave him the He. William H. Fowler, the complainant, was the first He said that on the night of the alleged assault Mrs. Kemp was standing on the sidewalk in front of his house, and when he went out she asked him if bis name was Fowler. He answered In the affirmative.

Continuing, she Is alleged to have said: "You don't seem to recognize me." The witness said that he thought he bad seen her before, but could not place her in his memory. Then she said her name used to be Margaret Haveron, and introduced the man who was with her as her husband. The next question she asked was "Have you seen your daughter Isahelle?" The witness said that he had no daughter and says the defendant called him a liar, a loafer and other names, and said that he had wrecked her life. Her conduct attracted a crowd and created considernble excitement in the neighborhood. Before witness parted with defendant she placed her hand on his coat and succeeded in tearing it, he said.

Counselor Rockwell, who appeared for Mrs. Kemp, whose husband was also In court, put Mr. Fowler through a searching cross examination, and, despite objections and protestations on the part of Mr. Fowler's counsel, Alexander McKinney, got an admission that he had known or met Mrs. Kemp about twenty years ago.

When Mrs. Kemp, who was the second witness, went on the stand, she told her story with much dramatic fervor. She denied the assault, and added that she did not put her hand on the complainant. She said that until the night of the occurrence she had not spoken to Mr. Fowler in tweuty one years.

She said that 6he was going about her business, and gave her present home as 353 Broadway. Witness said that she did not go purposely to complainant's door, but mat sne spoke to him when he came out of his alley gate. She admitted calling on Mrs. Fowler. Mrs.

Kemp said that she was arrested, and so was her husband. She said that she had been married, sin years and that she first became annnlnti with Fowler when she was 16 years old; that sue uvea witn ner aunt at the time, and that Fowler was employed in Sammls' coal yard, WDicn was next door to her aunt's house, in the Eastern District. In the course of her testimony she said that she kept com. imuj wuu rowier iour years, and that five years thereafter she became the mmkr a daughter, of whom William H. Fowler was the father.

In answer to inquiries nut tn her hv Mag istrate Kramer, the witness admitted ti.t she had not in her four years' acquaintance with William H. Fowler made inquiries a3 to whether he was a married man. She said that she had never been arrested hpfnre sne admitted calling on Mr. Fowler et his place of business. Counselor Rockwell asked that the charge be dismissed.

He contended that there was not the slightest evidence to show that an assault had been committed and said that the case should have brien settled outside. His client, he said, would promise never to spoak to Fowler again. Mr. McKinney said the purpose of the attack on Mr. Fowler was to bring about a settlement.

He had advised his client to get out a warrant for the arrest of Mrs. Kemp. Beside, counsel had other evidence. He said the defendant had even threatened bis client's life. She had probably chosen this man from a number of others to make an attack on.

Counselor Rockwell said: "That's tmgentle manly; beside it's a Jie." Magistrate Kramer, in denying the motion to discharge the defendant, said that the fact remained that Mrs. Kemp had accosted Fowler at his residence. He said that she was a woman of more than ordinary intelligence, as was shown Dy her manner, bearing and language, if ner feelings had been as keen as her Intellect she would have spared her husband and her child, as well any revelation of her early life, If she had sinned. If she had done her duty she would have concealed this because they were innocent parties. She should have gone out of the stale with her daughter, hn said.

It was true that an injury to a woman's affections was more painful than to a man and he tthe Magistrate) took this into consideration. He believed, however, that the detend.m.. instead of going where the complainant was, should have stayed away from him. If she met him she should have massed him by or treated him with silent contempt. He believed that de fendant had hold of complainant.

Therefore he would holri her for the Court of Special Sessions. Magistrate paroled Mrs. Kemp In the custody of oer counsel until to morrow in order to let her got ball of J100 for her appearance before i'ne Sessions. ARCHDEACONRY IN SESSION. Queens and Nassau Clergymen Meet Today at Astoria Discuss Greenwich Point Mission.

Long Island City, L. April 23 The archdeaconry of Queens and Nassau Counties is in session in St. George's parish house, Astoria. Archdeacon Henry G. Bryan Is presiding and the attendance is large.

The session opened with Holy. Communion and a sermon by the Rev. William Holden, archdeacon of Suffolk County. Luncheon was served in the parish house of the Church of the Redeemer. There will be five minute addresses upon diocesan missions this afternoon and the regular business session will begin at 4 P.

when tho matter of continuing the legal struggle to retain the Greenwich Point Mission will come up and the election of officers take place. 2 DEATHS ATTRIBUTED TO HEAT. Frederick Sector and Mary Jock Found Dead in Their Beds. The deaths of Frederick Rector, 71 years old, of 923 Hancock street, and Mrs. Mary Jock, 63 years old, of 92 Sumpter street, which occurred at their respective homes early to day are believed to have been hastened by the unusual and sudden spell of hot weather, which set In yesterday.

Both were found dead In bed this morning by relatives, after having complained of feeling unwell yesterday. Heart disease was the direct cause of death in each instance. the interment being in Evergreens Cemetery. The Bev, Robert Crook, D. D.

At his home, in Mount Vernon, yesterday, the Rev. Dr. Robert Crook, formerly one of the ablest and best beloved preachers In the New York East Conference of the Methodist Episcopal Church, died, aged 73 years. Dr. Crook had been on the superannuated list for three years.

There was an affecting scene at the last annual conference, held at Torrington, when the Rev. Dr. D. Downey of St. John's M.

E. Church of this borough, as chairman of the committee, announced that $3,000 had been raised for the Dr. Crook fund, of which the Rev. Dr. Lindsay Parker, rector of St.

Peter's P. E. Church of Brooklyn, had secured $1,000. By a rising vote of the conference, thanks were extended to Dr. Parker for his generous efforts.

Dr. Crook was a native of Ireland, and wds a graduate of the Dublin University. He was first connected with the Irish Wesleyan Church, and was at one time president of the Belfast Wesleyan College. He came to the United States thirty years ago, to be the pastor of the Sixty first Street M. E.

Church, Manhattan. While there he built a new church. He had a couple of charges in Manhattan, and then became pastor of the church at Middletown, the seat of Wesleyan University. He afterward went to the First Church of Mount Vernon, subsequently to Hempstead and afterward to the Central Church of Brooklyn, since demolished to make way for the new East River Bridge. He also served in other minor churches in Brooklyn.

His last charge was at the North M. E. Church, in Mount Vernon. While serving there his health failed, and upon his request he was put upon the superannuated list. There survive him three daughters, one of whom is a Mrs.

Burgess, wife of a merchant at Athlone, Ireland, with a branch establishment in Manhattan. The funeral services will be held at the Chester Hill M. E. Church, which Dr. Crook had attended since his retirement.

General Egbert L. Viele. General Egbert L. Viele, who died at his home, 342 Eighty eighth street, Manhattan, of acute Indigestion, was among the first engineers on Prospect Park, in 1860, but resigned in 1861 to enlist in the Union Army in the Civil War. He commanded the force which opened the Potomac River to Washington, D.

C. He was captain of engineers of the Seventh Regiment, N. Y. V. commissioned brigadier general of volunteers August 17, 1861; was second in.

command at Port Royal, and in command at the capture of Fort Pulaski; planned and completed the march on Norfolk, of which he was the military governor from May to October, 1863. When he subsequently resigned from the Army he resumed his practice as civil engineer, and in 1883 was commissioner of parks of the City of New York and became president of the commission the following year. He was elected to Congress as a Dem ocrat in 1S85, and served one term. Since then he had lived in retirement and had traveled extensively in this country and Europe. General Viele was born in Water ford, N.

June 17," 1825, and, graduating from West Point in 1847, the Mexican War and the Indian campaigns. He resigned from the regular Army in 1850. From 1854 to 1856 he was State Engineer of New Jersey. Afterward, Deing appointed chief engineer of Central Park, he prepared the original plan, which was adopted, for the park. The funeral service will he held at the Church of St.

Mary the Virgin, Manhattan, to morrow at 10 A. M. Gilbert S. Thatford. Gilbert S.

Thatford. whose death occurred at his home on the Black Stump road, Monday, was a man prominently identified with the history of East New York during the fast forty years. He was born in Jamaica eighty years ago. and In his early lite was a farmer. He established a barber's business in Wall street.

New York City, In the early sixties, and made a fortune among the brokers and bankers of that section. Commodore Vanderbilt and other notables were among his customers. He engaged the services of fifteen barbers, and his baths were an institution in the days when household baths were a luxury. After accumulating a fortune he returned to farming, establishing himself in the Eastern section of East New York. He subsequently sold all of his holdings there to householders and built many houses for sale.

In 1875 he started the coal business in which he was very successful, and on retiring from active business was succeeded by the firm of Thatford and Ackerman, of which his son, George is the senior partner. He was latterly a member of the Beecher Memorial Church, of this borough. He leaves beside his son, two daughters. Mrs. John G.

Wooley and Mrs. Edward S. Stewart. He was a member of the Society of Old Brooklynites. The funeral services will be held to morrow at 2 P.

at his late home. Christian Itschner, Jr. Christian Itschner, prominent in the Twenty first 'Ward, died, at his home, 911 Myrtle avenue, last night, after a long illness. He was born in this borough, July 6, 1878. and lived here ever since.

He was engaged in the mineral water business. The funeral services will be held at the Carroll Park Lutheran Church, and the Interment will be lu Evergreen's Cemetery. Lewis Henry Newton. Lewis Henry Newton, who had for twenty years been a resident of Brooklyn, died at Buffalo, Monday. He had been a member of the firm of William T.

Coleman of San Francisco, and of the firm of Piatt and Newton of New York and San Francisco. The interment will be in Newport, R. I. He leaves a widow, whose maiden name was Eliza M. Weld, and one son.

Henry M. Newton. William Beyer. William Beyer, who had for forty four years lived at the corner of Stewart and Bay Ridge avenues, died there on Monday. He was a native of Fulda, Germany, and had long been a retired merchant.

He is survived by four sons and a daughter. The funeral services will be held from his late homo tomorrow at 2 P. M. James T. Connor.

The funeral services of James T. were hold at 2 o'clock this afternoon at the residence of his brother, George Connor, 206 Penn street. The deceased was 58 years old and was the oldest son of William C. and Caroline Connor. He was well known in the Eastern District where he had lived for many years.

His death occurred on Monday morning after a brief illness. of tUe MRS. HILLIS BURIED. Dr. Hillis Preaches the Funeral Sermon at Woodbine, la.

Floral Tributes From Brooklyn. Bns Moines, April 23 The funeral or Mrs. Margaret Hillis. mother of the Rev. Dr.

Xewell Dwlght Hillis of Brooklyn, was helrl at the old homestead, at "Woodbine, yesterday afternoon. Dr. Hillis preached the funeral sermon, lie started on his return journey to Brooklyn at 6:.10 last night. Among the floral tributes reeeived was a wreath from S. V.

White. Plymouth Church of Brooklyn, of which Dr. Hillis is pastor, also sent floral pieces. Interment was at where the Hillis family located nearly a half century ago. AMUSEMENTS.

Y'S PRICKS. 111. 2( AND CEXTS. jiatim every hay. ChnrlON E.

CokIi'um'" Ct lclirtiteil PInv, THE ROYAL BOX AM) THE HALCOXV EXE FROM ROMEO AND JULIET Next Week SID.VEV TOI.EICS Ltitest Piny, 'I'll SII.EXT WITNESS. PHEOW TP MIGHT Next Week ROGERS BROS. 'J Jl r' li The Ptuverf 11 1 31 eIol rn mil I ic 1'rotl net iou THE CONVICT'S DAUGHTER PRICES 50C and 25C AT1XEES25C Week WHEX I.OXDOX SLEEPS. GRAND OPERA HOUSE, Brooklyn. Snt.

THE RAYS UM MA 1 A Hot Old Time New Specialties. Xext Week THE FOIII COII.VXS. THEATER CLASSIC DRAMA. INCOMAR Monilnv mid FrlilayH, Souvenir Mntn. EveniiiKN.

Mntlneea. It), SO. HO, rt Ctn. Ill, it) Xrvt LEND ME FIVE SHILLINGS Week! DAI tiHTEH OF THE REGIMENT THE GOTHAM Week Coiiiineiiciiiff; Mini. April ui, Matliiee Everv Day, THE I'BAKI.

OF SAVOY. MATINEES. PDIPCv EVEXIXt.S. Ill On. rnlULO 1t.

2l. ct. Xext Week The SeiiNutiotlul I'liiv PASSIOX SLAVE. SMOKING CONCERTS TO DAY at JOLLY CRASS 2 and 8 P. M.I WIDOWS PA KsPOOfO STOCK CO Xext Week THE AMAZONS Coiiiimny tJoe.s to ltljnu Theater MANHATTAN AMUSEMENTS.

WOULD IN WAX XEU GROUPS. INKMATiMinAl'IL Hourly Exhibitions. Orch' Mral I'mi' USEE. oral HnioiMp. THEATRI lf't St.

lilllUlltieiUCUl Eve. Mat. ut. Mil. II ERRERT MISS EFFIE Last 2 KEI.CEV SHAXXOX 1 Wciks In "HER LORD AND MASTER." SPORTING.

qUEENSo CO. JOCKEY CLUB. Racing Every Week Day ai' 2 30 M. Admission to flrantl Stand, Ladles, S1.O0. Race traliiM leave from Flatbueh A.v.

i. 1:23, 1:50 and P. M. Ask the Grocer WOMAN IS EXPECTED TO DIE. Mrs.

Jennie Steinburg Swallowed Paris Green Yesterday. Mrs. Jennie Steinburg, 3D years old, of 334 South Second street, who yesterday swallowed a quantity of paris green at her home with suicidal Intent, was alive early this afternoon, but the doctors at the Eastern District Hospital say she has little chanco for recovery. Her husband, who is employed in the chemical department of the Havemeycr sugar refinery, has told the police that his wife had not been well for some time and lately there had been evidence of her mind being deranged. AMUSEMENTS.

HYDE BEHMAN'S 3IATIXKE I0VKKV DAY. The Greatest Novelty of the Season, FirNt Ajiiiearnncr i fircsitor Xew York of TTE LADIES' ORCHESTRA OF 25 SOLOISTS Mrs. Caroline B. Nichols. EXTRA ATTRACTION KXTRA GLAY CLEMENT AND COMPANY 8 OTHER GREAT ACTS 8 ORATORIO CONCERT AT TUB ACAD EM OF Mt'SIC.

ST. ELIZABETH, by 1.17.1. Will Slinjr Iy THE ORATORIO SOCIETY OF BROOKLYN Mr. WAITER HKXUY H.M.I,, Conductor Jlrn. JESSIC A DE WOLF Sopnino MIhm MAROI EIIITE HALL, Mezzo Soprnno M.

CEOnCES CHAIS llarKono Mr. EJRK'SSOX BlISIIVELI, Iliio ORCHESTRA OF FIFTY M1S1CIAVS FRIDAY EVENING, APR. 25, at 8 :15 Reserved Heat tickets nt Brooklyn TnHtitnte Ofllce, Boa Fulton M. mid lit Clinmller'K. Falton st.

Sl.r.o, $1.2,, gl.OO. RPHEUM MATINEE EVERY The Prettv Viinilevllle Xovelty. BEAUX and BELIES OCTETTE LE.1I AI1 A XII A nil I EL SAND0R TRIO JIEI.VH.l.E AM) STETSOX FIELDS VXD WARD 2d mill l.nrtt Week of the Myterlou THE GIRI With the AUBURN HAIR THE TIIHEE MILLETTS I'll A HI AND AltDEI.I. Hugh Stanton and Florence Modena 'THE E.vtrn Feature Kxtm Fentnre! EDMUND HAYES AND COMPANY tu 1 1 rm a ffl 458 WJflJSURfr SATUfroAS POPULAR PLAYS' AT POPULAR PRICE9 Mittflithnl IlroN. I1HCHT, To nlRlit.

Mat. Sat. Onlv. THE KLAW AND ERLANGER COMEDY CO. BROS.

IN WASHINGTON. (il'S. mill MAX roc; eh s. Xext Week ELSIE DE WOLFE. COLUMBIA Next W'pc k.

I.p.t Wook or the Murray Lane dpra O.i Dramatic Sapun, "Pirates of. C'cmmfnclnpr April CI, cavanerta RuMicana." A Celebrated Case DA. JVGB'KS OFVAHIS Xejit Week TIie Convict's DiiiiKhter Col. BflnllTlll ISABEL SIXN iui ism 1 fiiiu I roil. SMALLPOX IN SHE FRIGHTENS SOUTH SIDE, Four Cases in tb Village Re ported to the Health Department.

ALL STRICTLY QUARANTINED. Health Official From Albany Expected and Village Physicians Trying to Stamp Out the Disease. (Special to the Eagle.) Sayvllle, L. April 23 Four cases of smallpox in as many different homes have been quarantined in this villagr within tho past few days, and as a result tho local physicians are busy vaccinating the children and grown folks of the town. The first to be attacked by the disease was the 12 year old son of Captain Nelson Swezey on Candee avenue, and within a short time Mrs.

George Howell of Greeley avenue, the 11 year old son of Benjamin Rhodes of Lincoln avenue, and the 14 year old daughter of Theodore Brandt of Railroad avenue wort; down with the disease. All four cases are under the care of Dr. Phillip B. Krirhbaum. who, as local health officer.

Immediately quarantined the homes to prevent any spread of the contagion and to allay local t'oars. Where the patients contracted the disease Is unknown and cannot be accounted for. The Swezey boy, It Is thought, took the contagion from papers he was selling and the others, it Is thought, were infected from a traveling peddler. When the nature of the disease became known the Board of Health of Islip Town was called together and at its meeting at Town Clerk Hatiser ofnee on Monday ordered all school children to be vaccinated, and as a result there are many sore arms here today. Although the school building has not been closed, the attendance has been somewhat affected, and on Monday, It Is said, only fifteen pupils appeared In the principal's room.

The Long Island Railroad depot has been fumigate! and every precaution is being taken to prevent any possible spread of the disease. The fact of the cases being scattered in various parts of the town has alarmed some of the people, though the local physicians assure them that there is no danger. Each of the houses where the cases are located is under a strict guarded quarantine. The state authorities have been notified and a state health officer is expected here to day. With his advice and experience hi the suppression of the malady it is hoped that the disease will be confined to the parties now affected.

Coming as it has just at tho opening of the summer season much anxiety is caused among the boarding house and hotel keepers, and they all fear that if the news gets abroad of smallpox on the I south side 1 1 may seriously reduce the tim ber oi summer visitors. The physicians are doing their best and everybody hopes the disease will be stamped out soon. Imperial to the Eagle.) Albany. April 25 Health Officer Baker of Sayvllle has notified the State Health Department that he has quarantined four houses in that village because of smallpox. Dr.

Baker does not. however, inform the State Department officials how many cases of the disease there arc at present in that village. S. S. HOHENZOLLEBN IS HEBE.

The Bremen Lint' steamship Hohenzoliern arrhed this morning at the foot, of Amity street from Genoa and Naples. She brought 133 cabin and S00 steerage passengers and a large cargo of express goods. CAPTAIN DUNN GETS LEAVE. Captain James Dunn of the Liberty avenue station was to day granted a vacation at his own request by Deputy Commissioner Eb stein. Captain Dunn has not.

been well for the past few days. In the absence of Captain Dunn the precinct has been placed in command of Serjteant Philip Grosbcek..