The Brooklyn Daily Eagle from Brooklyn, New York • Page 20

THE BROOKLYN DAILY EAGLE NEW YORK. SATURDAY NOVEMBER 15. 1902. 20 SPECIAL ADVEBTISEMENTS. NORMAN L.

MUNBO ESTATE TALMAGE MEMORIAL CHURCH. DIVIDES. MO 2, FILLS THE BILL AN AUTOMOBILE HOUSE THAT CAUSED A LAWSUIT. ROASTS THE P0LITIC1S. The Good Sense For Everybody.

No two pair of feet in the world are just alike. Especially in the insteps that's where the regular made shoe misses the mark and the Coward makes its hit. The "Coward" Shoe is graded at the instep just as a tailor shapes a coat to the figure, It does not lap over the instop, and it sets right up into the arch of the foot. Fof a perfect instep fit none but the Coward." SOT.D NOWHEICE ELSE. JAMES S.

COWARD, 268 274Green Mall Orders Filled, Send For Cutaloguo. A Short Walk From the Brooklyn Bridge. Would You Use Other than honest milk, groceries, meats, Why should you use other than honest Whiskev OLD CROW RYE Also our Scotch Whiskeys, Souvenir and Bonnie Brier Bush Arc straight. We make no misstatements. "We don't have to.

H. S. KI RK N. Y. LOST AND FOUND.

LOST FRIDAY. SABLE PUR: OWNER GRATB ful if same is returned. Address Mrs. Basle office. LOST FRIDAY NOON.

BLACK AND TAN FE male DOG; old and fat with collar name Trlxey; reward, in Hart st. LOaT IN THE VICINITY. OF BERGEN ST AND Nostrand a younff female Irish SETTER with white star on breast. Liberal reward if re turned 1.117 Bergen St. 15 2 LOST A BROWN AND WHITE FOX TERRIER; strayed away on Sunday.

November wore padlocked collar with brass tips; answers to the name of Brownie. If found, return to 176 Harrison st; reward. LOST O.N WEDNESDAY NIGHT OR TH17RS t'ay morninsr. a gentleman's POCK'ETBOOK. with money and papers of no value exempt to owner.

Liberal reward will be paid if returned to Mr. DAHL. 290 Seherme! horn st. PROPOSALS. PROPOSALS FOR BIDS AND ESTIMATES FOR THE CITY OF NEW YORK.

NOTICE TO CONTRACTORS. GENERAL. INSTRUCTIONS TO BIDDERS. The person or persons making a bid or estimate for any services, work, materials or supplies for The City of New York, or fov any of Us detriments, bureaus or offices, shall furnish the'Vame in a sealed envelope indorsed with the tltie of to supplies, materials, work or servloes for wlilch the bid ur estimate is made, with his or t'letr r.ame or names and the date of presentation to the President or Board or to the head of the department at his or Its ofllce, on or before the date.anJ hour named in the advertisement for the same, at which time and place the estimates received will be puhllcly opened by the Presfdent. or Board or head of said department, and read, and the award the contract made according to law as soon thereafter as practicable.

Each bid or estimate shall contain the name and place of residence of the person making the ame, the names of all persons Interested with him therein, and. if no other person be so Interested, it shall distinctly state that fact; also, that It is made without any connection with any other person making an estimate for the same purpose, and 1.5 in all respects fair and without collusion or fraud; and that no member of the Board of Aldermen, head of a department, chief ot a bureau, deputy thereof, or clerk therein, or other officer of The City of New York is, shall be or become interested, directly or Indirectly, as contracting party, partner, stockholder, surety or otherwise in or in the performance of the contract, or In the supplies, work or business to which it relates, in any portion of the profits thereof. The bid or estimate must be verified by the oath, In wrltlns. of the party or parties making the estimate that the several matters stated herein atS) In all respects true. Each bid or estimate shall accompanied by th consent, In writing, of two householders or freeholders in The City of New.

York, or of a Buarantv or surety company duly authorized by law to act as surety, and shall contain the matters set forth in the blank forms mentioned be lGXo bid or estimate will be considered unless accompanied by a certified cheek upon one of the tnte or. national banks of The City of New York 'drawn to the order of the Comptroller, or mone'v to the amount of five per centum of the amount nf the bond required, as provided In section TO of the Greater New York Charter. For particulars as to the quantity and quality of the supplies, or the nature and extent of the work reference must be made to the speclflca tl ns schedules, plarts. on file In the said office of the' President. Board or Department.

No bid shall be accepted from or contract awarded to any person who is In arrears to Thn City of New York upon debt or contract, or who a defaulter, as surety or otherwise, upon any obligation to The City. The contracts must be bid for separately. The right Is resrved In each case to reject all bids or estimates? if it Is deemed to be for the interest of The City so to do. rudders will write rat the amount of their bids or estimates In addition to inserting the same In Fodders are requested to make their bids or estimates upon the blank forms prepared and furnished hy The City, a copy of which, with the proper envelope In which to Inclose the bid, together with a copy of the contract, including the specifications in the form approved by the Corporation Counsel, can he obtained upon application tl iefor nt the office of the department for which tbV work Is tr be done. Plans and drawings of env'rtiotlrin 'vr i ly may alo be seen there.

lfi mns Washington and Johnson Sta.Tafca 1 UJO! yasBcmrer elew tors to 41 1 4th floor. Shoe "Western Presbyterian Church, Washington, to Be KnoVn Tfrider That Name. (Special to the Eagle.) Washington, November 15 "Talmage Memorial Church" is hereafter to be the name of what has been known as the Western Presbyterian Church of this city. Mrs. Tai niage, widow of the noted preacher, has selected' it from among several.

churches that made offers to designate it as a memory to her husband. The church building, which cost about $60, 000, has a debt of about $31,000. Mrs. Talmage' will contribute $2,000 toward this and the Christian Herald will, with the beginning of next year, appeal to churches in the United States and Europe to subscribe to the church. A congregational meeting Thursday night unanimously voted to adopt the new DISCHARGED AND REARRESTED.

Paul and James Pearlbrook, Junkmen doing business at 72 Adame street, were arraigned in Adams street court "today suspected of having received stolen goods. They were arrested yesterday afternoon by Central Office detectives, after, it Is alleged, a quantity of toys had been discovered ic Pearlbrook's living apartments over the' store. The accused were discharged in court but re arrested and taken to Manhattan; where the alleged offense was committed. THE COURTS. MOTION TERM.

Supreme Court, special term for motions. Jo slah T. Marean, ex parti business at 10 o'clock Motion calendar called at 10:30. Supreme Court, special term trials, day calendar, November 17, 1902, William J. Gaynor, Justice.

Nos. 1,379, Pettes vs. American Watchman's Company: 642, York vs. Searles: 1.597, Mowbray vs. Levy; 1,189, Welch "vs.

Polley; S69, Foulson vs. Ells; 1,180, Hardy vs. City of New York; 1,183, Troy vs. City oi New York; 1,428. Brown vs.

Brown; 1,191. Paplo vs. Flora; 1,493, Curclo vs. Curclo; 1.260. Bennett vs.

Donovan; 1.611, Levin vs. Kaufman: 1.460, Todd vs. Todd; 1,641. Leonard vs. Leonard; 1.207.

Ber er Manufacturing Company vs. Bernstein; 1.197. Jaeser vs. Cltv of New York: 16. Budzvn skl vs.

Hlrsch; 1,593. Gelberg vs. Hebrew Publishing Company; 1,636. Lauber vs. Lonzcr; 1.617, Loebel vs.

Brooklyn U. E. R. R. SUPREME COURT.

Special term trials, day calendar, November 17. The following causes if marked ready will be passed for the day. Causes will not be set down for days upon call. Nos. 688, Rohrs vs.

Brooklvn Union Elevated Railroad: 510, Haesloop vs. Brooklyn Union Elevated Railroad; 1.380, Bird vs. New York Rubber Company; 1.177. Silverman vs. Bron don: 1,052, Sadller vs.

City of New York; 1,655. Benedict vs. Long Island Loan and Trust Company; 1,671. Leonard vs. Lounsbury: 1.674, Risgs vs.

Lounsbury; 1.675, vs. Lounsbury; 1.676, Purdy vs. Lounsbury; 1,678, Graf vs. Lounsbury; 1,683, Boschen vs. Lounsbury; 1,654, Bossert vs.

Seldner; 1.6G4., Holmes, vs. Grout, as Controller; 1,665, Levlne vs. Goldberg; 1.666. Emerald and Phoenix Brewing Company McEnany; 1,667. Myson vs.

Myson; 1,668, Passaic Rolling Mill Company vs. Pioneer Iron; 1.6S4, Kaiser vs. See ba: 1.685, Burr vs. Union Surety and Guarantee Company; 1.686, New York Mutual Savings and Loan Association vs. Home Life Insurance Company: 1.687, Earl vs.

Sommer; 1,688, Chamberlain vs. Cuming: 1.6S9. McCaffrey vs. McCaffrey; 1,690. Vlngut vs.

Ketcham: 1,691. Pell vs. Halbert Company; 1,692,. gadller vs. City New York; 1.693.

Hebbletwalto vs. Flint: 1.694., 1695. Spaulding (two caseB) Harrison; 1,696. Wlnfleld vs. Wlnfleld.

Supreme Court. Appellate Division. Second Judicial Department. Brooklyn. November 14.

William W. Goodrich, presiding Justice: Willard Bart lett, John Michael H. Hirschberg. Almet F. Jenks.

Justices. Enumerated day calendar Nos. 4:2. Roberts vs. City of New York? 401, Corson vs.

City of New York; 318. Hall vs. City of New York; 425. Gunnison Board of Education: 41S, matter of Pfarr; 411, Sheet on vs. Coney Island and Brooklyn Railroad; 430, Hart Maioney 431.

Baker vs. Otis Elevator Com pany; m. uonuueim vs. AroucKle; 433, Boeker vs. Finger; Tallon vs.

Morgan; 437, Tooker vs. Brooklyn Heights Railroad: 43S. Piper vs. Campbell; 441. Vltcllo vs.

Williams. KINGS COUNTY SURROGATE'S COURT. James C. Church, Surrogate. Week ending November 8i Wills proved Susan W.

Betts, Benjamin J. Cornell, Susan Chambers. Magdaleria Dumonlin, Margaret B. Farrell, Patrick Fitzgerald, Henrietta In bush. Elizabeth Keegan, Elizabeth R.

Kimpton, Thomas J. Patterson, Augusta F. Rlchter, Jennie W. Schruiuer, John Scheffel, George F. Schwarz, Ann.

E. Shepard, Albert Van Krone, James B. Voorhies, William WIIe'k 5. Letters of administration were granted on the estates, of the deceased persons Mary L. Altz.

Johanna Muller, Joseph K. Bushner. Abraham Terhune, Robert Banker. Carmine Bene "entano, Alexander A. H.

Cunllffe, Charles M. Hearn. William P. Ives. Mary Ann or Maria A.

Kohlman. Henry O. Kroncke. Hannah E. Ketch am.

John J. Moran. Agnes Purtell, Charles E. Patterson, Joseph Runfried, also known as Joseph Schmltt; Ernest A. Ross, Louis Robbins, Sebastian Seyerlein.

John A. Schad, Hannah E. Stout enburg, Charles U. Trotter. Mary Toomey, Joshua Van Brimmer, Matilda Wood.

Letters of guardianship were Issued on the persons and property of Etta Trawnlcheck to Julius Trawnlcheck. of William Bendlt to Jacob Bendlt. of Ann Phillips to Mary'Philllps Kiernan. of Alfred. Mooriey and Margaret Moohey to Eugene Ziet ler, of Joseph W.

Kyle, to William M. Hastings, of Emily L. Watdeck to Christian H. Waldeck. Accounting decrees Smith Powell.

Albert Smith, Frank Petters, Martf Ellen Brennan, Daniel Northup, Edward Rauch, Mary Lyster or Lester, John Ladley Eleonore Paycz, Wllhelmlna B. Schackel. Minnie L. Kracmer. Nicolaus Will.

WEEK, ENDING. NOVEMBER 15. 1902. Wills proved Susan M. Bergln, James b.

Wade, Charles F. W. Dohrman. Elizabeth Freudel, Michael Flynn. Julia Goodwin.

Julia H. Gloek er, Amanda. E. Henry. William Hodglns, Charles L.

Hart. Samuel Knower, Eflie Kransky, Kath arlna LoeffeV L. Lewis. Morris Nunan, Margaret O'Neill, Mary R. Post.

Charles Relf, Emma L. Sniitlx, Amanda Sale Louisa Trost, Thomas Wildes, of administration were granted on the estates of the followtnfr deceased persons: Emllle K. Albers. Adelaide Mackey. Simon Ash, Mary Mitchell.

Charles Belger, James McConnell. Jane Boyd. Julia McCluskey. Ida S. Baltz.

Elizabeth C. Monger. Katie N'uefeldt, Mary 'Boyle, George Noll, Mary E. Connolly, Tobias New. Camperchloll.

Mary Ormsbee, Barron Davis, Lizzie Charles Dawson, Edward Rorke, Joseph Eckstein, Mary Stuler. Emma Fyfe, John F. "istemshorn. Ann Flynn. Christina C.

Svenson, Giuseppe' Guardlno, Carl Schlndler. Christina Goestnann, formerly Meyer; Ada Michael J. Ada Griebel. Louis H. Herbst.

John P. Jones. Francis Karst. Anna Eliza McCreedon Lawlor. Mary A.

Laf(ey, Charles H. Muzzy. James McGee. Letters of guardianship were issued on the persons and property of Anna F. Eckstein, Enid J.

Eckstein. Josephine and Emma Eckstein to Josephine Eckstein, of Mulford Martin to David Martin, of Clara Fyfe, Elizabeth Fyfe. Mabel Fyfe. John Fyfe, Howard Fyfe and Mildred Fvfe to Thomas F. Fyfe.

of Samuel' J. Clark to Herbert Van Dyke, of George Adams to Lester Adams, ot Herman M. Tierney, Pauline E. Tierney and Gabrielle C. Tierney to Elizabeth Tiernev.

of Margaret A. Schagelin to Adah Schage'lin. of Bertha Schmidt to Sarah Ellen, hroek. of Charles J. Heuser and Maria Heuser tc, Josephine A.

Heuser, of Joseph F. Costello to Susan A. Moran, of Catharine Standlnger. Margaret Standinger and Robert Standlnger to John Hauser, of Jessie F. Vincent to Mary C.

Vincent, of Vrthur H. Hull to Lizzie A. Hull. Accounting decrees George Wardenburgh, Eliz. Robinson.

Jeremiah P. Robinson, John O'Berrv. Nora Larner, Morltz Schneider. Mary Rebecca Murphv. William J.

Davldge. Thomas F. Barrett. Andrew Erlckson, Charles Nlckenlg. Sarah Sharkey Johann H.

Schumacher, Robert Campbell. Joseph B. Elliott. Katharine A. Rock, well.

Alice A. Baxter, Joseph Stcrzlebach. Fred crick Walter. John B. Baxter.

COUNTY COURT. Criminal calendar, November 17. Part Crane. J. Anton Rachnnus.

John Miller, robbery, first deree; John Parkington. malicious mischief; William Skellv. criminal assault, second degree: Francis Van P.lpcr, James Ria, assault, second decree. i ivii irlr November 1. Part II.

Asnlnall. j.j!os. 424. Courtney vs. Burbridge: 209.

Zlegler. vs Broklyn Heights Railroad Company: 4.1S. Kirk vs Brooklyn Heights Railroad Company: 461. Seelys Sons' Brewing Company vs. Brooklyn Heights Railroad Company.

SURROGATE'S COURT. Calendar for Monday, before Surrogate Jnmes Church. The will of Edward Geanssent. Con stantina P. Scott (contested).

Cornelia 8. Newell. Charles H. Baker, David Noonan, Fanny M. Knne.

Eldert Bergen. Henrietta Moller, and Julius L. Wleman. The accounting in the estate' 'of John M. Eitel fmcllon).

Eveline V. W. Stammler. Julia Frost. George Bunkenburg and Amelia Dresden.

The transfer tax in estate of J. Amanda Hatch kiss. Contested calendar at 10:30 No. 31. the guardianship of Sandr's Infants: No.

100. the accounting of Henry Wllkins' No. 112, the will of Constan tlna A. P. Scott.

A FRIEND OF MRS. TINGLEY. Mrs. Elizabeth Churchill Spalding has written a letter strongly defending her friend, Ivathartne Tingley, and the. Raja Yoga School.

Among other things she says: "If Katharine Tingley has been guilty of every one of the accusations brought against her (which she has not), her efforts' to day, which can best be. proven by the results of her work at the Raja Yoga School, would alone stamp her as the great woman of the age, and the Society for the Prevention of Cruelty to Children should be the first to acknowledge it. Investigation is what the 3chool asks, but let it be done in a spirit of fairness and honor, not under the cloak of personal pique, envy and vindlctivcness." PENNSY TO TJSE ANTHRACITE. In accordance with the expressed wishes of the Health Board restricting the use of soft coal after November 15, the Pennsylvania Railroad Company has been accumulating anthracite coal for the last week, and commencing to morrow, all their ferryboats, including the Annex to Brooklyn, will commence using hard coal. To Be Sold in Partition Friendly Suit Begun Against Executors.

All of the real property belonging to the estate of the late Norman L. Munro. publisher, will be sold in partition In the near future. A friendly suit against the executors of the estate was begun yesterday by the widow, Mrs. Henrietta E.

Munro. Mrs. Munro desires to have the estate equally divided between herself and the two children. The children are about to' become of age. The will of the deceased bequeathed one third of the estate to the widow and a third to each of the two children.

The Munro estate owns considerable real estate in Brooklyn. Among Its possessions are the Clermont Avenue Rink, several apartment houses on the Heights and a number of apartment houses on the Park Slope. The estate has very valuable holdings In Manhattan. Norman L. Munro died on February 24.

1894, leaving a fortune of more than $3,000,000. He was a famous horseman and yacht owner, as well as a prominent publisher. A COLOSSAL HOAX. Ralph E. Doughty, Self Confessed Murderer of Albert Latimer, May Go to the Pen.

Ralph E. Doughty, who is the self confessed slayer of Albert Latimer, la a thief and a liar, according to his father, John E. Doughty of Cape May, N. J. His family absolutely refuses to have anything to do with him and says that the law can take Its course in this state.

Doughty is still a prisoner in the Raymond street jail and the District Attorney's office is trying to find some charge on which they can send him to state's prison for a number of years because of the colossal hoax that he has worked on the police. It is probable that he will be prosecuted on a charge of perjury, for after taking the oath in Magistrate Furlong's court last week he awore that he had killed Latimer. As a matter of fact he didn't do any such thing. A TRAGEDY RECALLED. Death of Joseph Kennedy in Suffolk County Almshouse Brings to Mind a Crime of Twenty Years Ago.

(Special to the Eagle.) Bay Shore, L. November 15 By the death of Joseph Kennedy, who passed away at the almshouse at Yaphank yesterday, the murder of old James F. Pointz. at the home of Nathaniel Evans, near Brentwood, some twenty years ago. is again vividly recalled.

Pointz was found dead in bed, with a wound near his heart. Kennedy occupied the bed with him. The night previous, evidence adduced at the inquest went to show, the two men had drank freely and had. some words over the bed in the rafters of the room said to havo been made by a chisel kept over th ebed in the rafters of the room where the men slept. The instrument was thrown away by the murderer, but was later found.

Dr. Edwin Forrest Preston of Ami tyville was then serving a term as'Coroner, and held the inquest. There was no special evidence to show that Evans committed the crime, but the jury decided that he was the guilty man, and he was held for the Grand Jury, and was later Indicted, tried and acquitted. The late Judge John R. Reid of Babylon defended Evans, and in the course of the trial endeavored to show that Kennedy was the man responsible for the murder.

Kennedy was never arrested for the crime, and stoutly maintained his Innocence, but was forced to bear the stigma, whether guilty or innocent. He died poor, leaving no near relatives. He was Industrious, and his life afterward was exemplary. Evans and his wife have long since passed away, and Kennedy's death removes the last survivor of the tragedy. His remains were brought to Bay Shore for interment.

FOR STREET WALKING. Half a Dozen Alleged Frequenters of the Xoop Corralled by the Police. Detectives Law and Mitchell and four other cops from the Ralph avenue station descended on East New York in the neighborhood ot the loop at 11 o'clock last night and gathered in six women whom they charged before Magistrate Furlong in the Gates avenue court this morning with being street walkers. The womea gave their names as Daisy Jones, 20 years old, of 1,999 Fulton street; Annie Austen, 22, of 104 Sands street; Minnie Morris, 32, of 2,468 Fulton street; Emma Jones, 21, 1,999 Fulton street; Gertie Frank, 21, of 1,763 Dean street, and Florence Woods, 18, of 12 Jefferson street. Martin Cargyll of 229 Vesta avenue went to the station house after the raid last night and claimed the Woods girl as his wife and said that he wanted to go her bail.

He was locked up on a charge of disorderly conduct The girl is about to become a mother and blames Cargyll for her condition. She said that Cargyll sent her out on the street. Miss Rome, the probationary officer of the court took charge of the girl. They were all held in default of 200 bail for examination net Wednesday morning. WOMEN'S "TURN TAG." Two Hundred MemBers of Women's Sections of New York Turn District's Societies Assembled.

The fall meeting, or "Turn Tag." of the members of all the women's sections of the different Turner societies, constituting the New York District of the North American Turnerbund, will be held at the hall of the Brooklyn Turn Vereln, Atlantic avenue, tonight. There will be present the members of the following Brooklyn societies: Brooklyn Turn Vereln, New Brooklyn Turn Vereln. South Brooklyn Turn Vereln. Turn Vereln Vor waerts, Columbia Turn Vereln and Brooklyn Eastern District Turn Verein. The Manhattan societies represented will be the New York Turn Verein.

Bloomingdale Turn Vereln, Melrose Turn Verein, Central Turn Verein, Deutsch Amerlkanischer Turn Vereln. West End Turn Vereln and Turn Verein Vorwaerts. The members of the Long Island City Turn Verein also are expected. Carl Stahl, first instructor of the district, will conduct the exercises, which will consist of calisthenics, drills and exhibitions at the different apparatuses. The exercises will begin at 8 o'clock and be' followed by a "Kommers," when the active Turners will join In the jollification of their Turner sisters.

MAYOR LOW HELPS EPIPHANY. Subscribes $250 to Mortgage Fund Dr. Rainsford Also Helps. Mayor Seth Low has subscribed $250 to the mortgage fund of the Church of the Epiphany. McDonough street and Tompkins avenue, to help save the church by January 1.

The Rev. Dr. William S. Rainsford. rector of St.

George's Church. New York City, has also subscribed $50. The mortgage fund has advanced to $13,041. and there is yet i over $20,000 to raise by January 1. Some of tile more well known subscribers recently are Bishop Whittaker of Pennsylvania, Bishop Dudley of Kentucky and Bishop.

Hare of I South Dakota. The opera "Plnni ire" will i be given next Tuesday and Wednesday oven ings. In the parish hall, by the Merrie Com i pany, for the benefit of the mortgage fund. Preparations for the union fair arc progress Ing favorably. ON QUEER DAMAGE ACTION Majority in Appellate Division not nine Lifo Emnlovmnnt rj Contract.

NEW YORK CENTRAL IS BEATEN. Injured Brakeman Had Settled Suit by Taking Permanent Job as Flagman. IWas Discharged. One of the most interesting appeals listened to in recent years by the justices of the Appellate Division of the Second Department was decided yesterday, and so close was the issue that the court divided upon the legal proposition by a vote of three to two. The case was that of John H.

Usher of Rockland County against the New York Central and Hudson River Railroad Company. Usher was a brakeman in the employ of the road. In March, 1894, he was in Jured in an accident while at his duties, as a. result of which he lost his leg by amputation. He claimed the right to sue for damages, but he signed a release against the road upon the promise of Superintendent William G.

Watson, then in charge of the Hudson River Division, to give him work lor life with the road upon half pay, or $35 a month, as a flagman at Conger's Crossing. He was discharged, however, in November. 1900, and sued the road, alleging a breach of contract. The action was tried in Rockland County before a jury in the Supreme Court, and the Jury found a verdict In Asher's favor. An appeal was taken by the defendant corporation to the Appellate Court, in Brooklyn, and it was argued last term by Lawyer Thomas Emery, representing the railroad, and Lawyer A.

S. Tompkins for the plaintiff. When the matter came to discussion among tbe learned justices there was a division of the court, and Presiding Justice Goodrich, Justices Hirschberg and Bartletr, held that the jury's verdict should be affirmed. While Justices Woodward and Jenks dls Two opinions were handed down yesterday adverse to each other. The prevailing opinion was written by Justice Hirschberg and the dissenting opinion by Justice Woodward.

View of the Majority of Justices. The majority opinion says: "The main contention, on the part of the appellant is that the contract, If made, was not binding upon the company, for the reason that the division superintendent had no power to mate it in the absence of express authority and that the contract was in itself unreasonable. In Carney v. X. Y.

Life Ins. Co. (162 N. Y. 453), it was held that a contract by which a person was employed for life, made by the executive officers of a life Insurance company assuming to act under a bylaw, previously adopted by the board of trustees, empowering them "to appoint, remove and fix the compensation of each and every person except agents employed by the was unreasonable, and not contemplated thereby.

"But the case presented is not one of a simple and naked contract of employment, but is the case of the immediate and final settlement and adjustment of a claim for compensation for serious Injuries alleged to have been occasioned by the defendant's negligence, and the reasoning of the decision cited has no necessary application. In such a case where an employe has been rendered nearly helpless by the company's fault and without any fault of his own, it could hardly be said to be unreasonable in consideration of a release of bis claim for damages for the company to agree to put him to such work as he. was still competent to perform in his crippled condition, to pay him for it one half of what he was previously able to earn and to keep him at it for life, that Is during good behavior, obedience and competency. "Even if the contract was beyond the scopo of the division superintendent's authority, and ultra vires as to the defendant, the defendant is not in position to assert the fact in defense of the plaintiff's claim. That Watson had authority to settle the plaintiff's claim for damages can scarcely be disputed, inasmuch as the defendant has taken a release of the claim from the plaintiff through his agency, has kept it until the plaintiff's claim Is barred by the statute of limitation, has asserted it as a defense in the answer and has produced it upon the trial.

"The settlement of the plaintiff's claim damages is not an act which Is ultra vires, and assuming that the agreement of hiring is such, yet the plaintiff has fully performed his part ot the contract and his cause of action cannot be restored to him. "The transaction between Watson and the plaintiff was in effect but a single agreement by which the latter released his claim and the former agreed to hire him for life In consideration of such To permit the defense now under consideration Would relieve the defendant from all liability on a contract which the plaintiff fully performed when he relinquished his claim. A corporation, when sued, cannot set up ultra vires as' a defense to an action for breach of contract, or even for specific performance, when it has had the full benefit of the contract and the other party has duly performed nor will such a plea avail, whether inter posed for or against a corporation, when it will not advance justice, but will accomplish a legal wrong." Opinion of the Minority. Justice Woodward's opinion, in which Justice Jenks concurs, takes the opposite ground. It says "The judgment in this case should be reversed, because the contract set forth in the complaint, and which is the basis of the recovery, was void as against public policy and because there does not appear to have been any consideration for the alleged contract.

There is no evidence in the case that the accident happened under circum stances which would make the defendant liable; no evidence of how the accident happened, of the causes which produced it, or any fact from which a Jury might properly Infer that the plaintiff had a cause of action against the defendant. "Assuming Mr. Watson to have made the alleged contract; assuming that the minds of Mr. Watson and the plaintiff met in an agreement that for and in consideration of the plaintiff refraining from bringing an action the latter should have a life position as gateman, was he in the execution of any agency of the defendant, real or apparent? Was it within the power of the corporation to make the contract In the first instance? If it was not, then clearly the defendant's agent was not acting within the apparent scope of his employment, and the plaintiff could gain no rights under his contract. "The superintendent of a division ot the defendant's railroad is not given any power to control the affairs of the corporation, either by statute or by bylaws, so far as appears in this case, and he certainly could have no power to make a contract of employment which Interfered with the absnlntf right, declared by the statute, to remon any officer, agent or employe at pleasure.

This would be to permit a mere agent or of the corporation to do what the corporation itself might not do, for it is inhibited the power to make any contract which would deprive the board of directors the control of the affairs ot the corporation or the power to discharge officers, or employes at pleasure. This is a power necessary to the proper management the affairs of the corporation, and the alleged contract of employment for life is, against the public policy of the 'sts'" as declared bv statute. "The proper remedy of the party aggrieved is by disaffirming the contract and suing to recover as on a. quantum meruit, the value lot what the defendant has actually received benefit of (Railway Companies v. Keokuk Bridge 131 U.

S. 371, 389 and authorities there cited; McCormick v. Market Bank, 165 id. 638, 553 and authorities there cited; nee also Central Transp. Co.

v. Pullman Car 139 U. S. 24. 48 et for a full discussion of this question).

The authorities cited In support of a contrary doctrine in the prevailing 'opinion, in so far as they have any controlling authority upon this court, do not run counter to the conclusions here reached." ON SPEED REQUIREMENTS Result of.Torpedo Test, However, Was Not Accepted by the Trial Board. ANOTHER TRIAL ARRANGED FOR. Mark Extremely Difficult Owing to the Hazy Weather and the Position of the Flags. Opecial to the Eagle.) New Suffolk, L. November 15 In the torpedo trials of the new submarine torpedo boat Adder yesterday, she proved herself capable of marvellous work.

It is true the torpedo went a few feet outside the mark, estimated officially at ten feet, but this result was discounted by its previous performance. The conditions of the contract called for a two knot run under water at a speed of seven knote, at the end of which a torpedo was to be fired at a mark representing the vitals of a battleship, 150 feet in length. Confident in the abilities of' the Adder, which had exceeded the contract requirements as to speed in all conditions, the contractors offered to make a mile run submerged, a turn and fire the torpedo at the beginning of the course after a mile run and back, limiting themselves to the three observations of a minute each, allowed them by the conditions. The trial board accepted the proposition, realizing it was more difficult to make a turn and come back to the starting point than to discharge the torpedo at the end of a two mile, straightaway run. For the benefit of the observers' of, the trial board, a periscope, which is a sort of camera obscura, was placed in position, a hollow mast in the center replacing the guide mast, at the forward end.

To observe the variations of the compass due to the insertion of the periscope, a preliminary run over the course was taken, but even then Captain Cable was unable to adjust it, and he rose for an observation two hundred yards in advance of the point he selected? causing him to almost overshoot the mark on the next rise, and to send the torpedo a few feet outside the flag. Twenty minutes were consumed in trimming the boat, but only seventeen minutes, elapsed, from the time her conning tower disappeared until, the torpedo took its. flight from, the tube and the trial was, over. The weather was hazy, too hazy for shore, observations, when the Adder prepared for its run. Down if sank, inch at a time, as though depressed by a steady and gentle hand, until only a few feet of mast appeared above the surface.

away it went, between the flags at the quarter, the half, the three quarters and the mile. Without rising It made a sharp turn and straightened out in its final course. When almost to the" quarter mark Captain Cable Tose to take his first observation. He took the second about the half mile mark, and came to the surface for the third time just as the torpedo sped, a few feet from the mark. The torpedo, a iWhitehead.

11 feet long and 17 inches in diameter, ballasted to renre sent a charge of 100 nounds of cun eottnn ran along the surface at a speed of 25 knots an hour for about 400 yards. It was recovered by a rowboaf stationed at the end oi me course tor that purpose. The time made by the Adder was satis factory and it was expected the trial board would accept the result of the torpedo test, out tne contractors, on learning of the re suit, immediately preferred a request for an other trial, which will be eranted. All who witnessed the trials were well pleased with her work. A battleship lying at ancnor, Droaasiae cn, in place of the mark, would have been at the mercy of the Adder, say torpedo experts who followed the run.

Allowed oiie minute for each observation, the longest time taken was 35 seconds, counting from the moment the top of the conning lower appearea until it completely disappeared. In that time, according to the ex perts, It would have been Impossible to have trained a rapid fire gun on her. Only by a cnance.snot in a perrect rain of lire could she have been struck, unless some keen eyed rifleman aloft' could have sent a steel tinned bullet through one of 'the narrow slits, four inches long and one inch wide, the windows of the conning In 'such event sufficient water might have been admitted to ruin the compass, but the chances of such a shot are Incalculably infinitesimal. If it had not teen for the ripple and wake caused by the mast of the periscope it would have been impossible to have detected the whereabouts of the Adder, and at no time did' she present a target of sufficient size to afford a fair shot. Surface torpedo boats depend on darkness to cloak their movements, while this attack was made in open daylight.

Had the partial obscurity of the semi darkness.of early dawn or twilight been added to that of the water, there can be no doubt of even a more favorable result. The mark was extremely difficult to sight. oVing to the hazy weather and the fact that the flags were only a few feet above the water. The. broadside of a battleship would have presented a fairer target.

In the afternoon the standardizing trials of the Moccasin awash were run, the speed being something over the' seven knots required. It was planned the ten knot surface run of the Adder and the ten knot awash run of the Moccasin should immediately follow and both boats were ready to go over the course, but just before the start was. made a thick fog blew In and in a few moments nothing could be seen. Captain Cable took the Adder into New Suffolk in safety, but the Moccasin went aground and was pulled off, fortunately without injury; after an hour's work. The yacht Mindora and the tender Kelpie alBO made their way into New Suffolk, but the lighthouse tender Cactus, with the trial board, anchored out all night.

Additional trials will take place to day. INDEX To Classified Advertisements in Today's Eagle. PAOB Amusements Notice 15 Auction Sales 7 Board H. Business Notices i Business Opportunities 15 Coastwise Steamships 16 Corporation Notices 15 17 Dancing Heath Notices 5 Directory of Fraternal Organizations 15 Election Notices IS limployment Agencies Financial 18 19 Furnished Rooms 11 13 Help Wanted Horses and Carrlases 1j Hotels and Hesorts 13 Instruction lit Lectures 4 Legal Niitlivs 6 7 17 Ijst and Fuund "0 Manhattan Amusements Meetings 13 Miscellaneous ti 7 New Publications 3 fl Ocean Steamship" 16 Personal 20 ost Ofllce Notice 1 Tbposals 1 20 Public Notices 17 Railroads Tieol Ustale at 11 Real Instate Loans 13 Uellglous Notices Religious Notions Resort Guides' 13 Situations Wanted 14 Special 30 Special Notices 7 13 Steamboats To Let and For Sale 15 Wintrd 11 President in His Annual Address Gets in a Slap at President Roosevelt. RULE OF RELIGION DENOUNCED.

More Free Thought To night and All Day To morrow at the Sessions in Williamsburgh. Only about fifteen freethinkers had put in an apeannce at the Island Business College Hall, in Sots lilshth street, near Drlggs avenue, this ir.Tj.ning, when the hour arrived for the opening of the twenty Blxth annual congress of the American Secular Union and Freethinkers' Federation. As the first session was announced as a business meeting, the president said the freethinkers were playing truant on purpose, and he refused to call the meeting to order, so the business of the federation was transacted at this afternoon's session. This was principally listening to, the reports of officers and the president's address. Two women added their mite to the collection of freethought at this morning's Informal gathering.

They were from Ohio. One of them, Mrs. Ellen M. Lucas, of Marietta, rushed into the. hall breathlessatlO expecting to find the meeting already open, and not a word of the freethought gospel was she willing to miss.

The other woman came in a little later. She was Mrs. Charles Levi of Cincinnati. At the afternoon session there were a number of women present. President E.

M. MacDonald, editor of the Truth Seeker, published in Manhattan, made his annual address. Ho told of the work of the Federa tion during the past year, and managed to get in a slap at the present President of the United States. President MacDonald said in part: "The signs of the times are against us. We have come to the point when the President of the United States cannot appoint a commission of arbitration without adding to it a Roman bishop as a makeweight, a sop to superstition, a vote catcher.

We cannot govern our foreign dependencies without consulting the Pope. We cannot train young men for the Army without a chapel next to the college. We farm out the education of the Indians to the churches. Congress has two chaplains to pray for it daily, and though some of us think that a million chaplains could not save it, xce, prefer that our legislators pay their own religious bills or get the trusts to do it. We have recently been told that God has committed the property interests of the country to Chrls ian men, and a distinguished Episcopalian oishop whose recent change of condition ought to have put him in a happier frame of mind affirmed at the Indian conference only four weeks ago that we need a governing class to conduct the affairs of state, of which governing class his church is, of course, to be an active factor." The presidenHold of what the society had accomplished in the way of causing church property to be taxed, fighting "the Sabbatarians" and "God in the Constitutionists," as he termed it.

On this subject he said: "One or two court decisions in New York State are worth mentloliing: One court decided during the year thai, a Jaw who keeps Saturday "holy" may do business on Sunday behind closed shutters. This is no right principle, of course, only a legal favor to a sect, but it is valuable in showing in a very clear manner that Sunday laws are religious legislation. Another "righteous decision is that when receiving legacies the Young Men's Christian Association must pay the transfer tax, as other legators de This decision was by Surrogate Church cf Brooklyn. I have not heard how the Y. M.

C. A. evaded 4 He also claimed that to the society was due the credit of bavins the Bible barred from the Nebraska schools. Secretary Relchwald's report said in part: "The movement for the taxation of all church property, instigated by the society in the West, is one of the greatest under takings recorded in its history. Orsrauiza kt'ons snouia De started in every state in the Union and all societies should be invited to join in this movement.

The German Turners, the trades unions and' councils of all are our best allies. "Our experience in Chicago is that they have joined voluntarily, with a will that means victory. Free thought must move. The time has arrived to be more aggressive. It is imperative that we put these pious tax dodgers on the defensive.

We must do the attacking and do it now. The rapacityi of these parasites is becoming so pronounced that even the politicians are beginning to see it. This movement has been started in the West. Will you take it up in the East? The freethinkihg framers of the Constitution kept a God out of that instrument. They know by the experience of the old world that it invariably led to.

supporting a body of greedy men. whose sole business was to mentally enslave the people and use them as tools for their own aggrandizement. "To day most of our lawmakers are so cowardly that, at the dictation of the church, they dare not stand up for the constitutional rights of the people; so much so that when the money appropriation for the St. Louis Fair came up they voted away the people's money, and, at the request of a few rampant religious hypocrites (the American Sunday School Union) they clearly violated the first amendment to our Constitution by attacking a religious bribe to the money appropriation. Can we wonder at the bribery said to be prevalent among politicians when the American Congress itself, with a catch vote policy President, who knew more about Methodist hymns than the principles of our Constitution, acquiescing, offers a bribe to close the St.

Louis Fair on Sunday, the same as they attempted to do at the time of the World Fair?" Edwin C. Walker, president of the Manhattan Liberal Club, will speak on "The Place of Freethought in the World's Work." To night's session will be largely attended, on account of the fact that Charles Watts of London, a well known champion of Freethought. Is to speak. To morrow morning at 10:30 Miss Susan H. Wixon.

member of the School Board of Fall River, will speak on "The Original At the Sunday afterndon session," to be held at 3 o'clock, Moncure D. Conway and Herbert N. Casson, president of the Brooklyn Philosophical Association, will speak. The congress will close at to morrow evening's session, when Hugh O. Pentecost and Henry Rowley will be the speakers.

MOLINETJX AT. THE TOMBS. Roland B. Mollneux, who on Tuesday of this week was acquitted of the murder of Mrs. Katharine J.

Adams, was a caller at the Tombs Prison, in Manhattan, last night at 10 o'clock. On his previous visits after his liberation from the prison Mollneux failed to see Head Night Keeper James Fields; and his visit last night was for the purpose bidding that official goodby. Molineux remained about half an hour, during which time he had a pleasant chat with the keepers in the prison. FELL THREE STORIES. Angelo Torchln, 36 years old, of 213 Bleeck er street.

Manhattan, fell from the third floor of his, home shortly after midnight last night, breaking his arm and bruising hip. He was taken to the St. Vincent's Hospital. Burnett' Vnnllltt Extrnet Is the best. The grocers' know It.

lr.lst on having It. lij for your food. Pui 6 unci wholesoni PERSONAL. NBWKU. MY WIFK.

KI.LA. H.W Ins left my bed and bnnrd, 1 will not responsible (or anv debts wh hv her. RICHARD N1SWEL.L. It Was Built Opposite a $4 0,000 Cottage at Arverne and Was Considered a Nuisance. COURT RULES FOR DEFENDANT.

Decision of Great Interest to Property Owners in Arverne Section Over $1,000,000 of Real Estate (Special to the Eagle.) Arverne, L. November 15 The decision just handed down by Justice Smith, in the Supreme Court of Queens County, in the case of A. Stein against C. Lyons, is of great Importance to property owners in Arverne, affecting more than $1,000,000 worth of real estate. The case in question is that in which Lyons, the defendant, is charged with maintaining a nuisance in building and conducting a storage house for automobiles, at the southeast corner of Boulevard and Meredith avenue.

The case has been in the courts for the last four months, and was tried about sis weeks ago, decision being reserved. Formerly the old South Side Railroad was taken as the dividing line between restricted and unrestricted property, the territory south of this line being restricted to dwellings and buildings of that class, while to the north of this line property was unrestricted, and stables and buildings of that" class were erected thereon. In later years the Long Island Railroad built the Rocka way Beach, and laid its roadbed along the shores of Jamaica Bay, thus removing the recognized line dividing the restricted and unrestricted territory. In the action against Lyons the plaintiff, Stein, alleged that defendant had built a house for the storage of automobiles, and interpreted this building as being classed as a stable, and that It was built on re stricted property. Stein several years ago built a $40,000.

cottage at the northeast corner of Meredith and Ocean avenues, diagonally across from Lyons' automobile storage house, and this prompted the bringing of the action. The case was long drawn out. and Its settlement and decision in favor ot the defendant has caused no little alarm among the property owners, as it practically opens the way for the erection of stables and like buildings on what was formerly considered restricted territory. In his decision Justice Smith says: "I decide that the covenant and deed ot Vernam to Rope is no longer operative and does not affect the property of the defendant. "That the building of the defendant is not a nuisance, and the business onducted therein is not a The action cannot be maintained on the theory that the plaintiff is entitled to a judgment that the building may be removed or its use enjoined for the storing of automobiles, because neither the building nor its use amounts to common law nuisance.

"That the most reliable proof 'of the location of the railroad track is furnished in the survey made by Ezra W. Conklln, in 1S84, and according to the track by that survey, no portion of the defendant's building is within the restricted area, except the extension on the southerly side thereof, and that such portion of the building is used only for the purpose of a kitchen and for gaining access to the upper part of the building, which is constructed and used for sleeping rooms. "That the construction and use of the southerly extension of the building does not in itself violate the construction i ovenant, and that the plaintiff is not entitled to judgment that any portion of the defendant's building be removed, or that the defendant be restrained from conducting the business of storing automobiles therein as at the present time conducted." The automobile house built by Lyons last spring is a large, square framo building, two stories high and having eighty feet frontage on the Boulevard, and. a depth of 120 feet. The ground floor is used as a storage room for automobiles, while the upper floor Is used as bachelor apartments.

TROOP C. INSPECTED. "Fine, Fine," Colonel Thurston's Sole Comment When Asked if He Was Satisfied. At the annual inspection of Troop by Lieutenant Colonel Nathaniel I. Thurston of Major General Roe's staff fast evening the attendance of the troop was r0 per cent.

Both in point of numbers and. in the showing made by the troopers the inspection was perfect. "The men did better than they know how," one officer remarked. Colonel Thurston arrived, at the armory at 8 o'clock. He began the Inspection at once and everything In the armory from the horses' mangers to the buttons on the men's coats came under his eye.

He looked into corners and through rooms, examining books and looking over records, and when he left the armory there was not much about it 'that he did not know. The men marched onto the tanbark at 8:30. They were in fatigue uniform and wore full arms. A regimental line was formed and Colonel Thurston Inspected carbine, pistol and saber. He was accompanied in, the inspection of the men In line by Captain Charles I.

DeBevolse. The men presented a fine appearance in their natty outfits, groomed into perfect trim, but not groomed to the point of excess. The men were perfectly steady in line and the beneficial results of the summer's work In camp were very evident. Following the inspection Colonel Thurston was received by the officers of the troop in the officers' quarters. Luncheon was served.

"Fine, fine." was all Colonel Thurston said when asked whether he was satisfied. NEW SOUTHERN VEGETABLES Are Already Succeeding Outgoing Northern Products in Supplying the Markets. Though the winter's supply of fresh culled vegetables for the northern markets have, since the development of market gardening in the South, been furnished almost chiefly from that portion of the country. Its commencement appears to have been instituted at an earlier period this year than heretofore. The remnants of the crops of northern farmers are still lingering in market yet Norfolk and Charleston peas, beans, spinach, kale and other'fresh products have been coming in freely for several weeks past.

"Within a couple of weeks the Florida winter crops have also been started forward and now Florida green and wax beans, egg plants, cucumbers, lettuce, tomatoes and green peas have come to be followed In regular supply throughout the winter barring frost disaster and even with that calamity the spontaneous and stimulating nature of southern soil and elastic character of climate, speedily repairs damages to quick growing crops, with the vegetables enumerated, to which will be soon added potatoes, celery, cabbages and all other varieties known': to the market gardener. Another source of supply for New York in substitution for northern "out of season" fresh vegetables, is that state of wonderful capabilities, California: and it is but a ohort time now until California celery, cauliflow ers, tomatoes, peas. will be contrib uting to the gusiatory enjoyment and the salutary benefit of the millions of this great city's jtrat population..