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

THE BEOOKLYH DAILY JTEW TORK, WEDNESDAY, FEBEUAKY 7, 1900. 2 JOSCELIANEOTJS. MR. BEAVEBS (GOES ABROAD. be proven that the juror did make his "yellow letter boxes? Let ue consider the main dodos" statement he.

will be punished for eon nii ms a Tiffany box a blue silver bottle holder CANAL COMMITTEE bt'emo seltzer bottle, a Tl PUT COITY OFFICES Bl A SALARY SYSTEM. tempt. His business partner is quoted as saying that the juror dill discuss the trial, but the partner refuses to disclose what was said. Weeks Resumes His Argument. Lawyer Weota for the defense resumed his argument at the point where he left off last nteht.

He seemed to be with hoarseness, but from the time he spent on each detail of the ease it was plain that he meant to speak a long time. Worts tsid: "At the time of taking recess last night, I was talking to you about tie letter box at 1,620 Broadway, which Ir. Koch says the defendant did not hire. 1 do not know an there is anything else 1 have to say with reference to this, except that if you notice the rubber date stamp, supposed to mark the day of the receipt. the Unlet', is interlined with ink.

Why it tvas interlined and why Mr. Koch made no explanation of his peculiar action. I leave to you. with relation to the fact that all letters found in the letter boxes were written on the paper with the three crcs uo envelopes were produced to show when or where they were mailed. envelope was produced to the Von Mohl letter, received in December and delivered to the police in January, but the envelope of the that was I iBarnct letter was produced an mailed in dune, six mouths previous.

A th. Ult v. tltr stress has neon laid this case, were mailed. i. hn wom himself to the Broadway poet office.

Yet there is nor the slightest evidence in this case that the defendant, ever went near the central post ofiiee. Neither his business nor his personal affairs ever called him there." Mr. Weeks then referred to the Burns letter, which, it is admitted, was sent by Moli rietix in June. 1 "OS. The paper, egg blue, and marked witli the crescents, was used, it is true linr th, sheet ivis hut Tmlf of the usual oi hp envelnnn was nhlnmr in shrine and i white in color.

Was this the action. Mr. Weeks wanted to know, of a man who habitu 1 nllv used otrsr blue naner and bad a sttnnlv of it on hand? Ii was logical, he said, if the ,1 fendant was in the habit of using such panel regularly, that he would have a supply of it on hand, and thai he would not inclose his correspondence in an envelope of the same kind. He discredited Melando's tes 1 timony that Molineux kept a quantity of egg' blue paper in the drawer of a sideboard at f. ir tni rt Hion in the and some wrapping paper.

That is all. As 10 the letters addressed to H. C. Barnet and sent to the letter boxas on Broadway and Forty second street. Mr.

Weeks stud there was nothing in any of them which might be regarded as harmful to Barnet or fatal to hie. health. He said he trusted and believed that the court would instruct the nury to leave out cf their deliberations all reference to liarnet's death and the causes which led up to it. as being immaterial to the determination of the present cast. "The District Attorney declared at the beginning of the trial." said Mr.

Weeks, "that he would make the defendant lit every feature of the diagnosis blank. Has he done so? The diagnosis blank in this case says thc writor is a clerk. Is the defendant clerk? Is the superintendent of your factory a clerk. It says he was contemplating marriage. Was he? The District Attorney himself brought out that on June, ISi'S, the defendant was not contemplating matrimony.

He had been rejected and it was not. until the following September that he even became engaged. "It is not practical for me to go through all the medical terms in this Let this suffice. Are you melancholy, was asked in Juues 1SSS; are you despondent? The answer was yes. Look at this defendant.

lie has been confined behind prison walls for eleven months with ibis terrible charge hanging over him. Look at him after these months of confinement, does he look like one who in June. ISfiS, would sav 'I am melancholy: I ara Hero he has been held In tne ecus ot no ijmns nay utter nay, wceit after week, but bearing tip bravely against never until soiv hr.ving an opportunity to de himself. 1.0:1V this defendant. You have seen him daily.

Has his face been that of a melancholy An untrue accusation of murder would anVct the strongest human being, but has this defendant been melancholy and during the trial of this case? Osborne's Tactics Attacked by Lawyer Weeks. "There was liaehel Greene, whom they brnllsrh! nil the way from Washington. Wh was ii necessary to bring this woman from Washington to ruin a pcor woman. Then Hl' brought 31 r. Bttsranoby from the club to nrove that certain things were sent, to nianche Chesebi'ough.

All of this was unnecessary. "Why did they try to ruin a home as well as take a Why did you bring into this trase such infamous lies?" and Mr. Weeks turned to Prosecutor Osborne, storming at. him furiously. "Why did you do such, when you knew the foul and scandalous accusation una nothing to no witn tne case; iou icnew ud comfort them.

''I know the Distrlc. Attorney will tell you that it will not lie you who will take this man's life if you find him guilty; that it will not be you who will touch the button. But it will be you. I'poti you lies the responsibility. It will he you.

gentlemen, who will have to say whether or not he dies. You will Lave to say whether or not the evidence has convinced you beyond a reasonable doubt that he is guilty. You will have to be satis lied beyond a reasonable doubt to satisfy the rappings of your conscience." Testimony of Bank Cashiers Should Hot Be Regarded. Mr. Weeks explained length how the ban! tollers who have testified in the case have gained their experience.

He declared that their testimony should not be given the sam? consideration as if they were experts. "They are not experts and are no more qualified to pass upon disguised writings than any of us. and not so well qualified as a great many of us. They pass every day upon checks presented at their banks, but all of you know how that is done. They pass upon the general appearance cf the check and not repeal the so called Horton law.

Delegates for and against the measure are present from Xew York City, Buffalo and Rochester. Senator Davis to day introduced a bill increasing the salaries of attendants in the appellate division of the Supreme Court in the Second Department from $1,200 to 51.S00 per year. Assemblyman S. F. 11.

Hyman of Xew York introduced a bill in the House to day which Is intended to prevent insurance companies from increasing their assessments. The bill provides that whenever a majority, of the oolicy holders of any insurance company of years' standing shall petition the Supremo Court to show that assessments are levied, and have been levied one hundred per cent, in addition to the amount originally assessed, the court shall dissolve the company and divide the assets over and above the debts and liabilities, in proportion to the amounts paid in by the policy holders. A new board of trustees for the College of the City of Naw York Is provided' for in a bill to day introduced by Senator Eisberg. It authorizes the mayor. of the city to appoint before June 1.

1900, a new board, to be composed' of nine persons, the term of one member to expire each year. A delegation from the New York City churches appeared before the Committee on Codes of the Assembly this afternoon in favor of Mr. Fallows' anti gambling bill, which prescribes a heavy penalty In cases where persons are found with policy slips and other gambling paraphernalia in their possession. Marriage Licenses Proposed. Assemblyman Kipp will introduce a bill providing for marriage licenses.

The bill is similar to the present marriage license law of Pennsylvania and is intended to take effect on September 1. 1900. At the meeting of the Episcopal Diocese of Central Xew York held in Oswego last June a resolution was adopted reuqestlng the Legislature to pass such a law and a committee was appointed to prepare a bill. The Assembly committee on public health has agreed to report favorably the bill of Mr. Gale which prohibits the sale of drugs, whether in original packages or otherwise, in department stores.

Assemblyman Bedell has introduced a bill which provides that no person shall ask or receive, directly or indirectly, compensation for appearing as attorney of this state unless regularly admitted to practice. Assemblyman Miller has introduced a bill providing that there shall be two platoons firemen in cities of the first class. Assembiyman Green has introduced a bill to protect sportsmen who hunt and fish in the forests from punishment for trespass on private property. The bill provides that it shall not be a trespass to hunt or fish on a private preserve unless the same is inclosed by a fence either of stone or wood. Bills Passed by the legislature To day.

In the Assembly this morning the McEwan bill, which adds the Chicago and Alton Raiiroad Company to the lfst of railroads In which can be invested first bonds and mortgages by savings bank institutions, was passed by a vote of S7 yeas to 32 after Mr. Hat burger had denounced the as a blot on. the legislative cord of the state, and referring to those who favored it as paid agents of the railroads over which the party lash had been cracked. These bills were passed: Mr. Wilson Providing that an attorney in the municipal courts of Xev York City may issue summonses.

Mr. Swift Making it a misdemeanor to sell pistols to any person under the age of 16 years. Senator Featherson Allowing compensation to special clerks who served in the Xew York City Controller's office during the period when no eligible list was in existence. Mr. Fallows Making it a misdemeanor for clerks in courts to place an action on the calender out of its order.

Mr. Allds Rcapproprlating $2,232, the unexpended balance of appropriation for the Third Appellate Division Library. Adjournment, taken at 11:55 A. until Thursday morning, at 11 o'clock. Little business of importance was transacted by the Senate to day.

Senator Brown's bill, codifving the forest, fish and game laws, was passed. After the introduction of bills, an adjournment was taken until to morrow morning. Harburger's New Gas Bill. Assemblyman Harburger of Xew Y'ork today introduced a new and important gas hill affecting the whole state, compelling gas companies to report semi annually to the state board of health the amount of gas lost by leakage in streets and highways so that the board can take steps to remedy what is believed to be a menace to health. The bill provides Every corporation.

Arm or individual manu faeturinK and selllnft Illuminating or fuel ijas in the Stale of Xew York and distributing the same to consumers through pipes laid tinder avenues, streets, highways nr ptthlic roads shall report twice each year to the State ttoanl of Health. Kvery such semi annual report fully and truthfully record following information for the six 'months ended with June or December immediately preceding Its Amount of fas made, in cubic feet: amount of gas sold, in cubic feet: amount of a.s consumed in works or offices, in cubic feet: amount of ftas unaccounted for, in cubic feet: lenpth of mains in use, average diameter of mains In use. gas unaccounted for per mile of main. In cubic feet; percentage of gas unaccounted for to total output. Kvery such report shall also.

show for the period covered bv It. what claims for damage to persons or property, resulting from the leakage of in distribution, have been adjusted, compromised or settled out of court hy or on behalf of the corporations, firms or individuals reporting; also what judgments for loss or damage resulting from gat leakage have been entered airainst them; also what uits against them, based on the allegation of damage to nersons or property from gas leak places in which the egg blue paper was of you couldn't connect it. but you brought it. fered for sale. All of the big department anyway.

There was no excuse for such and stores kept it, he said, and the fact that it the. Recorder of his own motion threw out. was shown that Plum stationers of that, testimony of Rachel Greene. Newark, sold it was not especially signifi I "That old father and mother you see sitting cant. Neither was the fact that Molineux's there lost a son when they carried him and firm bad an account with Plum Co.

Mr. put him into the Tombs but she their daugh w.v rj Mntipsnv tocsHmnnv before the tcr. has been there with them to cheer them so much of the signature. They consider the circumstances under which a check is pre sented. You can never recover From your lung trouble so long as you keep coughing.

Each cough makes another more certain. It tears the delicate tissues of the lungs and keeps up the inflammation. First and most important of all, you must stop coughing so hard. For 60 years Ayer's Cherry Pectoral has been curing coughs of all kinds. U.S.

ILL IT INTERVENE Adoption of the Hague Treaty Will Not Change the Government's Attitude. SOME HAD HOPED FOR ACTION. Senators Would Not Have Voted for Adoption if They Had Not Expected Ofiers of Mediation. Eagle Bureau, 60S Fourteenth street. Washington, February 7 The adoption by the Senate yesterday cf the Hague treaty has not and will not change the attitude of this government toward the war in South Africa.

The United States will not interfere or offer its good offices to end hostilities unless requested to do so by hoth belligerents. This statement is made on the authority of the highest officials. It is learned to day that the Hague treaty was passed by the Senate with the aid' of votes of Boer sympathizers, who expected to be able to use its provisions as a means for forcing the administration to intervene in the South African war. More than fifteen senators voted to adopt the treaty who were opposed to many of its features and who would have indefinitely delayed favorable action on it but for the belief that wltH its ratification it would be possible to compel the President to intervene in tho Transvaal. The Hague peace treaty makes it the duty of the countries that are parties to the agreement to proffer their good offices to prevent and end wars.

The United States, however, qualified their attitude in regard to this provision by ecurir.g the adoption of the following declaration: "Nothing contained in this convention shall be so construed as to requiro the United States of America to depart from its traditional policy of not intruding upon, interfering with or entangling itself in the political questions or policy of international administration of any foreign state." This leaves this nation absolutely clear from any necessity of carrying out the mediation provisions of the Hague treaty. It also serves to bind this government not to intervene in the complications of other countries in which we are not directly concerned. The administration long since determined not to interfere in any way in the South African war anil has maintained a position of strict neutrality. This will be continued, even in the face of a demand from Congress that we shall intercede in behalf of the Boer3. It is believed that one reason a member of pronounced sympathy toward the Boers con nntori to the adontion of the treaty was to make it easipr to secure the passage of a resolution declaring the sympathies of th United States to be with the republics.

There is no doubt that the Boers have a strong following in Congress and many believe that such resolutions could be passed without much difficulty. A State Department official said to day that the passage of a resolution of sympathy or even of intervention could not affect the attitude of this country. "If the United States were to force mediation," he says, "it would amount to a violation of the Hague treaty, wherein we declare that we are not bound to depart from our traditional policy of keeping clear of foreign entanglements and difficulties." It is understood that, should Congress adopt resolutions asking for intervention in behalf of the Boers, the President will ignore them. Just as President Cleveland ignored the Armenian resolutions. PROMOTION FOB McCOKMACK.

Bapid Transit's Former Superintendent to Go to Cleveland. Ira MeCormack, formerly general superintendent of Brooklyn Rapid Transit Company, who left here some time ago to becoma general manager of the Syracuse Rapid Transit Company, has been offered and has accepted the post ot general manager of the Cleveland Electric Railway Company. His resignation from the Syracuse Railroad has been accepted by its board of trustees. He wiil leave as soon as tho latter can determine on a successor. His work in connection with the road was most satisfactory, as is indicated by a resolution adopted by tha trustees to that effect.

Mr. MeCormack regrets that he was compelled to forrak the pleasant social relations he has established in Syracuse, but as the Clcvrlnnd pporlunity is in the nature of a promotion he has decided to accept the placa. ODD FELLOWS HOME. Enough Money on Hand to Wipe Oil All Debts, mtffalo, February 7 The semi annual meeting of the State Odd Fellows' Home Associa tion was held yesterday at the home in East Lockport. The treasurer's report showed that the receipts fvom July 5.

1S99, to January 25, moo, was $8,843.11. and the expenditures for the same time. $3,000.76. The home debt has been liquidated, except $3,000, and the association is now in excellent condition. Th inmates number twenty nine.

There is money on hand to wipe out the debt on the home but the mortgage of $3,000 is not due until next July, and the holder refuses to discharge it until then. SOLDIEES' HOME HEARINGS. Albany, N. February 7 The future heart lngs in the investigation of the management of the Soldiers and bailors Home at Bath, will be commenced in this city. A telegram was received to day from Commissioner Eugene A.

chairman of the committee conducting the Investigation, stating that hereafter the meetings of the committee will be held at Albany. The meeting of the committee wlH take P'acc on February 14. QR A LINCOLN MONUMENT. Buffalo, robruary "The Lincoln Birthday Association has a fund of about $10,000, left by the late Julius B. Francis, as stated in hii will, "to perpetuato the memory of Abraham Lincoln," which the trustees have offered to the Park Department as a contribution toward a monument to Lincoln.

DEFECTIVE WIRE CAUSES BLAZE. Alloonn, February 7 The Wolf block, five story structure In tho heart of the business district, was destroyed by Arc early to day, emailing a loss of nearly $35,000. A defective eftM trie ((gh(. wire sa.W to caused the blazo. IK SOUTH AFRICAN IB, Will Represent Post Office Department at the Exposition.

Among the prominent persons who sailed to day for Europe on the steamer St. Paul was Mr. George W. Beavers, Chief of the Salary and Allowance Denarr.nent of the Post Olilce Department at Washington. Mr.

Beavers goes to Paris as the special representative of the Post Oillce and will not only make the necessary postal arrangements during the exposition, hut is commissioned to visit the principal cities of Europe with special reference to their post office facilities. Mr. Beavers has alwavs been a warm friend of the Brooklyn Post'ofnce. having on many occasions been of service in the advancement of the interests of the office. Many of his Brooklyn friends were at the dock to day to bid him goodby and wisli him bon voyage.

NEGROES IN THE SCHOOLS. Einal Decision in the Cisco Case That Has Been in the Court for Two Years. (Speclal to the Eagle.) Jamaica. L. February 7 The news was received here to day of the decision of the Court of Appeals affirming the order of the lower courts denying the application for a writ or mandamus to compel the Board of Education of the Borough of Queens to receive the children of Elizabeth Cisco, a negro woman of Jamaica, in the Urcnton avenue primary school with the white children.

Judge Martin, who writes the opinion for the court, says: "In this case there is no claim that the relator's children were excluded from the common schools of lite borough, but the claim is that they were excluded from one or more particular schools which they desired to attend and that they possessed the legal right to attend those schools, although they were given equal aecommuoui ions and advantages in another and sepatate tchool. We find nothing in the constitution whi deprived the School Board of the proper management of the schools in its charge or from determining where different classes of patrons should be educated, always providing, however, that the accommodation and facilities were equal for all." The proceeding was begun before Justice Wilmot M. Smith in 1SHS. who denied the motion upon the ground that a negro school was established and maintained in South street, Jamaica, at which equal privileges were afforded with those of the while schools. Justice Smith's decision was affirmed by the appellate division.

The case followed several previous attempts made by the negro people of Jamaica to compel the Board of Education of Jamaica village to receive the negro children in the white schools. The first case brought was that of People ex rel. John T. Jackson against the Board of Education and the citizens of Jamaica. The application made by the parents and guardians of several negro children, the relators for a mandamus to compel the board to admit the ten children was denied by Justice W.

J. Goynor in October. 1SH6. While the above named proceeding was pending Truant Officer Wright of Jamaica proceeded against Samuel Cise and others In the Justices' Court, upon a charge of violating the State Compulsory Education act in not sending their children to any school. The jury acquitted the defendants in two of the cases and they were fined in one other.

In the fall of ISM ten separate suits were brought by E. W. Tapley. a negro, as guardian of his children, and by other negroes against, the Board of Education to recover penalties for excluding their children from the public white schools of Jamaica. Suits were brought for $500 penalty in each case.

The complaint was based upon an alleged violation of the equal rights act of the state. All of these actions were dismissed in January, 1 SOT. because of the failure of the nlaintiffs and guardians to furnish costs. Judgment was rendered against them for between S400 and $500 costs, hut. it was never collected.

Samuel Cisco was then again arrested on the charge of having violated the compulsory education act and tried before a jury in the County Court a.nd acquitted. Monfort. Fa ber ha.ve appeared for the local board in the suits. The above named case has been watched with interest by the Boards of Education of other cities in all parts of the country. The decision of the Court of Appeals is final in the State of New York, and the negro children must attend a negro school when one is established in their municipality affording equal advantages with the while schools.

B. R. T. AT ALBANY TO DAY. Company's Counsel Will Tell Railroad Commission "Why Recommendations Should Be Modified.

Lieutenant Governor Sheehan of Sheehan Collin will represent the Brooklyn Rapid Transit Company before the railroad commission at the hearing in Albany to day. This hearing has t.een set the commission for the purpose of finding out why the railroad company has not complied with all the recommendations of the commission with regard to the complaints made by the South Brooklynites concerning the railroad service to their part of the borough. The railroad company has complied with all the recommendations of the report save the one concerning optional transfers at Thirty sixth street and Sixty fifth street. This the company would like to have modified if not. withdrawn and Mr.

Sheehan will to day tell the railroad commission why. The railroad commission would like to have Mr. Rossiter himself in Albany to day, but their desire will not be gratified. Mr. Rossiter will stay in Brooklyn.

The South Brooklynites will not be represented. They consider that the case, so far as the railroad commission is concerned, has gone out of their hands. As a matter of fact the South Rrooklynitcs think that their best road lo relief is now hy way of lb" Legislature and Andrew Von Thun. has prepared a bill which It is thought will cover the case. The bill is as follows: AX A''T to travel upon railroads in the Hmoklyn.

City of NV York. The I' Htate of New York. resell fd In 'itate and A sM mbly. do enart as I'ollnw: Sf' ri.n No const ra, i nir. owning, int; ra ini; any street sui la.

niilnnul or railioa.l In tie BoroURh of 1 ritv NV Ynrk. shall charKe any p' U) fivt nts for on continuous passao from a point any stroet surface rallro. ol or olovated const na oWIlod. ad or by it. io nay point on any othrr sir Mii rac i ailroa'i or 1, vatod railroad, const ni; i lel.sori or operated it.

i. i 'or ih" purpose of Riving n'eot sect; a of this act. aav Midi corpora lot, shall. d' maipl. tfivo any pass.enKer upon any mo 1, stroet raip oa'l or elevated rallr riio has pai'l t1'" aforesaid fare of tlv cents.

(, ftoai ay sio stre. surface railroa'l or op.v.lt(., i cpon whlrh he may he if, any nth tren railroad or oley.v... railroad 'oastraoteil. own. eased or ope a.

aVrosa4'i, ntiiiin liini to said continuous; pas i very refusal to comply with the reoulre no ats of this section the corporation so refusing shall rfdt fifty dollars to the ah'Krieved patty. It, ho recovered in an action apainst such corporation. This measure in satisfactory to the committee of lawyers who have the legal side of the fight in hand, and It will be Introduced at Albany by Mr. Farreli within a short time. In the forfeit, case the committee think they have a good idea.

It Is difficult to convict a corporation of a misdemeanor In eases of violations, but where a forfeit to the aggrieved party Is the penalty of violations it is possible to get the case at. once into the civil courts and before a jury. This measure will take the place of the two already Introduced at Albany by Senator Coffey and Assemblyman Farreli, neither of which measures Is believed to exactly cover the case in hand. tiled as it lows rrom the ramon: itavjS Dtlll idlitlljed I Hj, New fresh every day, ihlKKtujl r.eit lie.iltll tltrftllt nowEUlLUl lootiKht to you. The Ideal table water, ggl The Aronilnck SprlnKi 1302 Droti.Iway.

SCUSSES ITS WORK. Plans of the State Commerce Convention to Be Put Into Practical Form AT THE MEETING HELD TO'DAY. Address by General Francis V. Greene. To Approve Report of Canal Commission.

The committee appointed by the State Commerce Convention held at t'tica October 10 and il last, met to day. in the rooms of the Hoard of Trade and Transportation. Manhattan. The object of the convention is to secure the improvement of the canals that the commercial supremacy of the stale may be maintained, and the committee was appointed to take such act ion as the members may deem best to achieve this result. The full committee consists of forty five members, all mayors of cities, presidents of villages or chairmen of local boards oi im provemcnt or like organizations.

Letters of regret were received from Governor Roosevelt and others. The Governor wrote: "I am delighted to approve of what has been done in the canal matter. Xow, whether we shall be able to carry it through successfully or not depends upon the amount of intelligent outside support we get, and so I want to. on behalf of the state, thank you for the steps you are tuning." John n. Kernan of I'tica presided.

The committeemen present were: Major Conrad Diehl and M. M. Drake of Buffalo. J. V.

Abott and Dr. A. H. Bayard of Cornwall, Frank S. Oakes of Cattaraugus.

H. S. Green, Cohoes; Charles Wardle. Catskill; Seth G. Heacoek, Ilion: Frank S.

Gardwell. Frank Brainard. G. Waldo Smith and J. H.

Hebert. Xew York: .1. H. Gregory. Kingston; R.

B. Downing and W. E. t'leary. Oneida; W.

F. McConneil. Rouse's? Point: A. K. Kissengen, Rome; F.

A. Bacon, Syracuse: E. F. Murray. Troy; H.

W. Miliar. J. C. Hoxie.

Utlca; Robert. H. Cook. Whitehall: George H. Raymond, Buffalo; Richard Humphrey.

Black Rock, and Ludwig Xissen. Brooklyn. Mr. Kernan. in calling the meeting to oredr.

declared that nothing is needed to secure the unanimous approval of a wise and liberal policy of canal improvement, but that the present facts and past history of canal transportation be thoroughly understood. Then he introduced Getu ra' Francis Y. Greene, the chairman of the committee appointed by the Governor to examine and report on the canal 1 question. General Greene said that an improved system of canals the Erie. Oswego and Cham plain would secure for the state of New York almust the entire carrying trade of the commerce East and West to the Atlantic Ocean.

He referred to the report prepared by the Canal Commission atin declared the recommendation that a majority of the cost be assessed on the canal counties is merely a detail. "The question." he said, "is if the people are willing to pay 1 ii per cent, of the assessed value of its land to create a water route that, will reduce the cost of transport to its lowest figure and far below what any other stale can furnish; whether ihe people will vote to that effect this fall depends large ly upon the amount of sentiment that can i be aroused by the different commercial or ganizatiotts." I .1. H. Hebert urged the completion of an improved system of canals to compete with Canada's subsidizing policy that is diverting from New York. He referred to the pre ent difficulties of the Brooklyn Wharf end Warehouse company, just put into the hands of a receiver and said that twenty five years: ago the Brooklyn Wharf could not meet the demand for ac ommo lat ion while to day they have not enough business to defray their ilxed expenses.

A completion nf the proposed canal system will benefit the entire state and York in particular. I'rnnk S. Witherbee of the Canal Commission spok" of European ennais and said that ali the European countries and Germany in particular have recognized the inadequacy and costliness of railroad transportation for freight. G. Waldo Smith said that J62.0n0.nno Is a mere bagatelle when compared with the advantages bound to accrue to city and state.

He spoke of the necessity of terminal facilities and criticised the report of Controller Color, whieh congratulated the city on a return of 7 per cent, on the money expended fcr docks. A very much smaller return. Smith thought, would be ample. A motion to approve the report of the Commission on Canals, appointed by Governor Roosevelt, provoked some argument. Tito commission suggested that the expense of the reconstruction be borne by the canal oount'es.

Some of the members thought that the cost should fall upon the state at large. A committee was appointed to prepare a suitable resolution to be discussed at the afternoon session, consisting of M. M. i Drake. G.

H. Raymond. A. C. Kissingen, C.

A. Warule. E. F. Murray.

H. W. Brown i and W. K. Cleary.

The committee was also instructed to I draft the resolution opposing the passage of the bill restricting the canal boatmen to a district. A recess was then taken. ANOTHER LOUISIANA TICKET. Alexandria. February 7 C.

Taylor Cade of Iberia was yesterday nominated for Governor by the Herwig Hov. el! faction of the Republican party, in convention here. Resolutions were adopted commending1 the administration of Presjd ii: McKinley. Fusion with the Populists was not effected, but. a conference committee was appointed to negotiate with all elements opposed to Dcra ocraey.

Tw Republican and a Pnpuiis; ticket in the field practically assures; Democratic suc CHICAGO STRIKE SPREADING. f'hir rigo, February 7 one half of the members of the affiliated unions of ihe Building Trades Council who were employed up to Men day are now on strike, and this proportion will be i creased within the next few days. The strength of the eont ractors who are enforcing he new rules will probably be shown nu when the laboring men may be compelled ti work during the entire day iiif 'trad of until noon time, as has been he custom. In ali men have quit work. IN STEW BRUNSWICK.

Frcdci icion, X. February 7 Tho New odifiais are enforcing the health resuHiunn.s Ui several counties in view rif an ouihreak of small pox. The disease has appeared in variou.s towns and a InrKe number uf houses are' now under quarantine. The disease was brought to New Brunswick the Province of Quebee, where now there arc nearly two hundred and eighty cases. Tho disease is In a mild form and there have been no deaths.

There are about sixly eases In Xew Brunswick at present. OUTPUT OF FISH FIT. Albany, February 7 During January there was an output of 33,100 yearling trout In the state fish hatcheries. Of this number 15,000 were hatched at Caledonia, 5,800 at Cuid Spring and 12.S00 at I'lcasant Valley. During rc same period 000 white fish fry were produced at Caledonia and 30,000,000 torn cod fry.

38.000 brook trout fry and 18. OuO brown trout fry at the Cold Spring hatchery. The total amount of fry produced was DIAZ'S BIG MAJORITY. City of Mexico, February 7 The committee appointed lo couni the votes cast In the recent national plebiscite hr.s reported to the National Libera! Convention that 1,548,654 voles were polled and that 1,456,482 were for fJeneral Diaz as Ihe candidate for the orea idency in the coming summer. Sheriff Is to Receive I 5,000 and the Register and County Clerk BILLS INTRODUCED TO DAY.

Measure by Senator Coffey for the Laying Out and Improvement of Thirtieth Ward Streets. (Special to the Eagle.) Albany, February 7 Bills placing the Kings County offices of Sheriff, Register and County Clerk under the salary system were introduced this morning in the Assembly by Mr. Wilson and to morrow will be presented in the Senate by Mr. Marshall. Bert Reiss.

counsel for Register Howe, brought to Albany a number of technical amendments which have delayed the presentation ot the measures for several days. The bill placing the Register under a salary, which was prepared under the supervision of Register James R. Howe, provides: Four messengers at a salary of one coat room man at $600 and one porter at S60O. Each record searcher or title company shall receive as his compensation for every search one third of the fees now allowed by law to the Register for such service. Each recording clerk and copyist is allowed 5 cents for each folio recorded or copy made by him under instruction of Reg dster.

The Register may appoint a counsel at a salary not to exceed On and after January 1, 1002, the Register of Kings County should receive a salary of a year in lieu of all fees, perquisites, emoluments, commissions, percentages and money. The deputy register is to receive the assistant deputy. the expert, the bookkeeper, the satisfaction clerk, the chattel mortgage clerk. the assistant chattel mortgage clerk, four comparing clerks, one index clerk, $1,500: six assistant index clerks, each two custodians, each $720. All moneys received by the office shall be turned over to the city on the first of every month.

Before entering upon his office the register must flie a bond for $20,000. with no less than two sureties. In case of any mistake, official misconduct, default or omission of duty, action may be instituted by any damaged party. If the register swear falsely or make a false statement in the report he is required to make to the controller he will be deemed guilty of a misdemeanor. The sheriff is to receive $15,000 a year, the under sheriff $5,000.

chief clerk $2,000, assistant clerk, $1,800. equity clerk, six deputy sheriffs $2,000, messenger $1,000. warden to jail $3,000, deputy warden $2,000, six keepers at. $1,500, bookkeeper $1,500. three matrons $1,000, and five prison van drivers $1,200.

The sheriff may appoint a counsel at a salary not to exceed $5,000. The other provisions are similar" to those in the register biil. The county clerk is to receive $8,000, deputy county clerk $5,000. expert $3,000, assistant deputy clerk $2,500, three equity clerks. each three docket clerks, each bookkeeper $1,500: two document searchers, each two comparing clerks $1,000, one messenger $1,000, and one notarial clerk $1,500.

The other provisions are like those contained in the register's bill. To Improve Thirtieth. "Ward Streets. Senator Coffey of Brooklyn to day introduced a bill conferring greatly increased po.vers upon the street comminsioner of Xew York City for the purpose of laying out and improving the streets in the Thirtieth Ward of Brooklyn. The eommiosioner is authorized to determine what improvements shall be made, in what manner and the character of the material to be used.

He is authorized to lay out new streets and for this purpose ifi permitted to take any lands or buildings which he may deem necessary for the purpose. He may remove any tree or rock and divert any water course, spring or pond. He may lay tramways over any street or unoccupied lands for the carriage of earth or materials ana to uise such vehicles or motive power as he seei3 fit. He is authorized lo make contracts for any part of the work and make rules and regulations for the guidance of the contractors. If the amount of the contract exceeds $250.

000 he is obliged to advertise for proposals. He is empowered to acquire any land or buildings, either by purchase or condemnation proceedings, and upon the completion of the work may settle all claims resulting from Ihe improvements. To pay the expenses of tho improvement, the City of Xew York Is required to iesue in separate series not exceeding 15, each series to be of $100,000. Senator McCarren to day introduced a bill placing the Wallabout. Market under the control of the Department of Finance of Xew York City which is given power to regulate and make all leases necessary.

Thomas A. Fulton, secretary of the Citizens' Union of Xew York, is here to day working against the Brennan bridge bill. He says of the measure: "The Brennan bridge bill should be de feated because it. is utterly wrong in prin ciple. It may also be vicious in details, but I the genera provision that the Governor of Iho State shall appoint six commiiKioners at large alaries to locate and build several bridges and tunnels in the City of Xew York at the expense of the city is the most bare fated attempt to bcis'ie people of Xew York from the outside that.

I know of. If this thing is defensible, then we otight to have stale commissioners to builu our sewerfi. pave our streets, etc. It totally violates the principle of home rule. The people of Manhattan want Brooklyn to have all the bridges and tunnels necessary, or even desirable, but our Brooklyn friends make a mistake in try itig to get them via Albany.

Fallows' Mazet Committee Bill Passed. The Fallows bill, passed in Ihe Assembly this morning, is designed to overcome the difficulty found in the Mazet Investigation, when witnesses refused to attend. It provides that when a committee of either House of the Legislature or a joint, committee thereof, duly empowered hy resolution or act to sit and lake testimony during the session thereof, or after the adjournment thereof, lias been heretofore, or is hereafter expressly authorized by law to hear, fry or determine a matter, or to do any other act in an official capacity. In relation to which praof may bo taken, or the attendance of a person as a witness may be required; or to require a person to attend, either before him or it, or before another judge, tr officer, or a person designated in a conimissjon issued by a court of another state or country, to give testimony, or to have his deposition taken, or to be examined; a subpoena may be issued, by and under the hand of the Judge, arbitrator, referee, or other person, or the chairman or a majority ot the board or committLe, requiring the person to attend: and also, in a proper case, to bring with him a book or a paper. The subpoena must be served, as prescribed in section 852 of this act.

TI1I3 section does not apply to a matter arising or an act to be done, in an action In a court of record. Assemblyman Roche has introduced a bill removing the limit of $500,000 on the amount, of money which the Controller of Xew York City is authorized to raise for the sanitary protection of the water supply of Xew York City. Assemblyman DeOraw of Brooklyn to day Introduced a bill directing that the commissioner of public charitiCB of Xew York City shall within 6ixty days appoint eleven physicians of ten years' standing to constitute a hoard of lunacy commissioners for Xew York City. The measure Is similar In purport to that presented in the Senate by Mr. Cofl'ey.

Assemblyman Mctcalf of Queens lias introduced a bill amending the tax law so as to provide that appraisers appointed by the surrogate shall not receive more than $10 per ilny and traveling expenses. Tho codes committee of the Assembly Is giving a hearing to day on the Lewis bill to Coroner, in which the defendant, then simply a witness, denied ever having seen, to the best of his recollection, writing paper of the kind in question. "Molineux Perhaps Used Egg Blue Says Weeks. Mr. Weeks sought to show that it was quite poe6ible that Molineux might have written once on the egg blue paper paper that he had picked up at random and not have remembered the occurrence.

The fact that the Byrnes letter, signed by Molineux. was written on only a half sheet of paper and mailed in an odd envelope supported this conclusion, said Mr. Weeks. "And again, gentlemen." said Weekc "if, as the prosecution has averred, tir.is defendant hired the letter box on Forty second street on May in the name of II. C.

Barnet, why did he on June 1. mail a letter over his own signature and give as his address 6 Jersey street. Way did be. when he had a perfect right to use the letter I will tell you why. gentlemen: This defendant knew nothing of the Forty eecond street letter box.

He did not know it was there." Heckman, the letter box man. was next pertoon to whom Mr. Weeks e.l ais attention. Heckman id, ntificd Mr.iineux a the man who hired the box on Forty I street, in the name of 11. C.

Barnet. and yei Mr. Weeks said, be had been ursal.l to ree I ognize from phot and newspaper cuts of Molineux, some with a mustacne and some! without, the man whom lie afterward swore came to him. in May. 1 Stts.

"Keekman cm Moil." uaM Mr. WeeUs. "that he had seen Mclincux in all probably times; hut. notwithstanding this. Heckman; made the excuse itat.

because Molineux, on another occjs i.jt:. at the Sinclair wore a dark and silk ba. he could not: recognize him." I "No Fair Chance for Identification Given Says Weeks. "The meanest professional ere ok ever kep out of state's prison ia given a fair chance at. identification, hut litis prisoner was not given a chance.

There was not any identifi cation that we ared. "All along this prisoner has said: Bring along anybody you want tvilrnMfy me. one who is honest can identify me and one who is dishonest, will identify me whether he: Bees me or "Now. what did Mr. Heekmann do? He was i serving two masters then.

He was working 1 for the police and was also under the employ of the New York World in spy on the police and let the World know what the police were doing. "On Tuesday a World man carried Heekmann to Newark to lite fti' tory where this defendant worked. He said he had seen Mr. Molineux lab times, but on Tuesday he had not been able to recognize hint because he Earl on an ovcrccat and a silk hat. This man Heekmann.

who had failed to identify him because of the silk hai. when he saw the accused come out in his shirt sleeves and in his working clothes identified him at once, though he had never een the prisoner in his shirt sleeves. He identified the prisoner fcr 5350 which the World was to give him. IWhat a price for such work! "On the way hack to Nw York Mr. Heekmann decided that 535(1 was not.

enough. He Told the reporter thai he would have to give hint Si'iOo. 'That's the man all right, but 1 cn't gie you any certificate of identification: anything that you can use in your paper or anything that I can't deny for less than this man told the World man. The reporter turned him over to Mr. Hirsch.

the city editor cf tit" World, who took him to a restaurant. They wem talking over the matter there when Captain MoClusky dropped in. 'Are you going to identify that man?" ho atked Hivkmani'i. 'NX I am this man answered. Molineux's Identification by Heekmann Severely Criticised.

"I say. shal a man's lif placed in the hRnds of such a inati as that a man who west ut there to Identify the prisoner, and after doing ii told the detective chief that he was not going to do ii "Aftc rv. ai Mr. Hcckmaiiri was so anxious to have his story fit in with what the prosecution wanted liiat ite did this. He perceived that he would have io have some Kutnow powders with the letter box on Fort se, ond sircet.

Wilh the same case and nonchalance that lie hud used in lliag his story, he swore that there was received there in the Utter box ia question a round wooden box labeled Kutnow powders. Kutnow Bros, have sworn that there was never such a thing in existence: that tiny never put up thcit medicine ia thai form. Heekmann made a miserable attempt to back up that storv, but railed. "Heekmann thought of something else that he thought would make a groat point. He knew that some of the letters in the case had corrections in trcm when the number of the box had been scratched out and changed.

So he swore that this prisoner walked in. rented a box, and takir.g a pen and ink made the. corrections. This was regarded as a great point for the prosecution. "But you, Mr.

Martin, the foreman of the jury, saw the significance or the thing and suggested the chemical analysis of the ink on the letters, to determine whether or not the ink used in the corrections was really different Trom that used in the body of the letter, as one expert had sworn. That analysis was made and it showed that the inks were substantially the same. Most remarkable of all. they do not show you what kind of ink was used at Heckmann's. nut.

after all. how flimsy an attempt on the part of Mr. Heekmann to bolster up his testimony: Heekmann Story Declared Unworthy of Consideration. Sir. Weeks characterized Heckmann's etory in Its entirety as one which was absolutely unworthy of the jury's consideration and treatment.

"And, gentlemen," said Mr. Weeks, "is there anything in ibis case which is connected directly In any way with either of the ne iis i Vc i "And the other experts, the professionals, you know how to value their testimony. i Ieckiuann bolstered up Kinsley, and ins ley bolstered up Heekmann. "There was one expert, who for years has been the exnert for the police depart ment. He was a witness before the Grand Jury, hut be w.is.

not called here No, I will' withdraw this. "No. you won't, withdraw it." said Mr. Osborne. "You've got lo go on and tell why ho wasn't called." "Ho wasn't called here because he would not sell his soul for money." screamed Mr.

Weeks. "That is the reason you did not call him." said Mr. Osborne. "He would not sell his soul." Mr. Weeks had referred to Exnert David x.

Carvalho. who. it is declared, after lock tng over the auits retuseel to swear mar Molineux wrote the disputed writing. As a matter of face farvalho was in the employ of Molineux from the first and it is not on record thai he had an opportunity to sell njs SOVil 0 the state. pjlfc jurors were allowed an hour and a half for lunch, so court did not reconvene until nearly .1 o'clock this afternoon.

ennn cno TUC I A1A7VCBQ UUUU hUK I Ht LAWli Kb. The Eisberg Rhodenbeck Tax Bill Would Increase Litigation Says President Feitner. The bii! introduced at Albany yesterday by Senator Eisberg and Assemblyman Rhoden beck. providing that separate valuations for the real estate and buildings thereon shall be made by local assessors in fixing assessments for taxation, win meet with opposition from the New York City Tax Commissioners, if it shows any signs of life. It is exactly like a bill introduced last year on is.

by Assemblyman George J. Grossman, to whom at the time President Feimer cif the Department of Taxes and Assessments wrote as follows: "The ohjei i of the law should be to make certain and reliable for the purposes of government an a vessments and not to open the door jo multiply litigation. Such an amendment. I Ii would do so arid yet accompli: no fivciai benefit, because equalization based upon tjj valuation of the land and building together could be sustained, yei if fd 'h: not be sustained a to eitiler and for tha: r''uson 1 would be opposed to the amendment in your bill." Mr. I'eitner.

i tcaking to day of the new nm would be. if passed, to belief): only lawyers interested in tax litigation. There would ite no' benefit to the individual owner and it would be bad for the and state. He did not think it would ij' a law. BAYS GAMBLERS OWIST THE STATE.

Ijufi'aio. JV'uruary 7 Anthony fjornstock spoki rins of the RulTalo Oky Reform Union 'a. i. utht on the of gambling. Ho iat the common garnMor ownoil iho Uiw York, basing iho (in hi' i ii tt law porni its racing thru LvniMin? at thp trarks is over.

STEAM EEED PIPE BURSTS. Chicago. February 7 West Sid'i thoroughfares were1 plunged into darkness last night and men were terribly burned, one of them fatally, by Ihe bursting of a monster steam food pipe In the city olectrie light plant at JlalHiefirt and Sebor streets. Irwin Thermal or apor Bath Cabinets Tho new improv ed Irwin Bath Cjiblnms contain all lljr: features of all the other cablnetR with several entirely new nnna maitlnff them the "only perfect Bath Cabinets." Thtxr CabinttH nltueUip 3Benrtij of Turkish and all. V(fil of Medi Pratf.d ami Prrfumrd t' spor uat'K within the breach, of everyone (71 their own home at a coat of only 3 cents per uatn.

Catalogue sent f'i'A anil Inspect our complete line. Irwin ftlfg 123 Chambers N. Y. 3 doorn from 6th Ave elevated atatlon. Telephone CS6 Franklin.

Page, are then penning. Everv such report snail lie auesieu oy uie signature of the president of the company or head of the Arm making It and of the manager, superintendent or engineer of the and such signatures shall be acknowledged under oath before an ofllcer qualified to take sworn depositions. The cemi annual reports required hy this act shalll be forwarded to the State Hoard of Health on or before the 15th day of January and the 15th day of July in each year. It shall be the duty of the State Hoard of Health to promptly transmit copies of such reports to the mayors of cities and the Hoards of Health of towns In which the corporations, firms or Individuals reporting conduct their business and are granted permission to open streets and lay or repair gas mains, and shall accompany such eopios of reports with such suggestions as said board may consider necessary for the public Welfare and the ljetter protection of life and health. It shall also be the duty of the State Board of Health to report to the Governor from time to time, such measures for the regulation of gas distribution in cities and towns as may be warranted by the Information before it.

In cases where the leakage of gas in distribution Is found to be excessive or where, for any reason, it entails or threatens danger to life and property, it shall lie the duty or the State Board of Health to investigate the causes of such excessive leakage and to take such steps to abate the nuisance as the public interest may demand. If any eorporat Ion. llrni or Individual required to make tin; reports provided for in this act shall refuse or neglect to fully and truthfully give the information called for. it shall the duty 'of the Board of Health to demand that HUch reports be made forthwith. In the event of the continued or neglect of any corporation, nrm or Individual lo comply with such demand within .10 days, ic shall be the duty of the Attorney (lenrai.

on notification hy the State Hoard of Health of such continued neglect or refusal, to forthwith apply in a court of competent Jurisdiction for an order enjoining and restraining said corporation, firm or individual from the further pro.secutlon of th? business of manufacturing, distributing and selling gas until the provisions of this act have been complied with to the satisfaction of Iho court. This act shall take effect immediately. Bill to Wipe Out the Gerry Society. A bill, which, if passed, will absolutely wipe out the Gerry Society, was introduced in the House to day by Assemblyman Harburger. It provides that after the passage of the act no child under 10 years of age shall be committed to any institution by any Judge or magistrate In this state.

All children under 10 years of age arrested by any officer or surrendered to any court or 10 any institution, must be brought before the superintendents of the poor of the several counties of the state or the overseers of the poor and to the commissioner of charities of Greater Xew York for final disposition. If, upon investigation by the officials named In the. measure proposed, destitution, improper guardianship or ungovernable stealing or truancy is proved to exist, the officials named shall commit such child or children to an institution of the child's faith, or the faith of Its parents, or to a public institution, if such exist, for a definite period, at the expiration of which said officials shall have power to renew commitments If, upon investigation, such action is warranted. The superintendent of the poor and the' commissioner of eharllles of Greater York shall have full power to Investigate 'the condition of all children In institutions wholly or partly supported by public funds, and If, In their judgment, tho interests of any child would he better served by being discharged, they shall give the Institution two months' notice lo discharge such child or children, on failure of which the officials named In the act shall pay no longer for the support of the child and publlo funds or support, shall cease for Ihe maintenance of sueh child or children, and the Institution falling to discharge such child or children shall have no more children committed to Its caro so long as II deflra lc order of the officials named in the act..