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

THKROOKkYSr BAIiLY EAGLE, MW YOBE, JAjJART 3, lQQl. 2 MISCELLANEOUS. NOMINATIONS BY PBESIDENT. proof of summons to the defendant that is now insisted upon." Justice Goodrich said: "I have heard what REAPPORTIONMENT BILL MISCELLANEOUS. OPEN DIVORCE TRIALS FAVORED BY JUSTICES.

I It to her. I am so sorry Cor Mr. Howard. He is too nice a man to do anything like i 'h' believe that he Toved Helen so that he married her at the risk or everything. Mr Hawkes, also expressed great sympathy for his son in law.

The young Henry Hawkes is not quite so charitable The elder Hawkes says he cannot understand 1 ard motive in marrying his daughter unless it was TO MORROW, Friday, Jan. 4, at 3:30 P. M. SOLOIST: Miss IDA BRANTH, Violiniste. AdmisDwit complimentary tu all.

Merry Wives of Windsor Overture. Xiculai AEOLIAN (J lTR li LL K. Memories ol" tfeuthiml Revo KinK PIANOLA. Spanish Dumre Sarasjito MISS BR.VXTH. la) riL'hiTitttprlinj: rkel tb) Impromptu in tlat.

Op. C.l L'hopin l'lAXOLA. Recessional DeKuvtn AEOLIAN" Rl" 1 1 IC 1 Polonaise do Com en Wicniav. ski MISS BRAXTH. You should have a Pianola.

Hundreds of tine Pianos stand unused in the homes of music lovers because there is no one to play them. But feu persons have time to keep up their practice and thus be able to play the music they enjoy. If you have a Pianola you are always in practice'' and can play in your own home all the selections iriven at this concert, and anything: else you desire to hear. You can play them with expression, for this part of the rendition is under your control, and affords you all the pleasure of hind playing. AEOLIAN 500 Fulton St.

to both voung women and tht ir friends, he was extremely lavish. Early last summer the Hawkes family went down to Huntington. L. and merely for politeness sake, Mrs. Hawkes asked Howard down to see them, expecting that he would probably make one call in the summer.

But before the family had unpacked at the country place, Howard was on hand. From that day until the family came home he was at Huntington every day. Never was there a more gallant or a more ardent wooer. Finally after Mr. Hawkes had convinced himself that.

Howard belonged to one of the oldest families in Boston, drew a salary of S150. a week as confidential agent of the Whit ney Elkins Widener syndicate and owned big blocks of stock in Metropolitan Traction and various other sound properties, he consented to a marriage between his daughter and Howard, the event to take place in October. Dispensation Obtained From Rome to Permit the Marriage. Howard and Miss Hawkes finally persuaded the parents to allow the marriage to occur as soon as a special dispensation could be secured from Rome, Miss Hawkes being a Cath olic, tne aitspensation was procured and on oepieiiujer 10 vicar uenerai oi tne utocese ot Long Island performea the cere money in the Hawkes home on Prospect place, one room of which was filled with handsome presents valued at $100,000, the others jammed with Brooklyn people, including many big politicians of the city, for Mr. Hawkes, the father, is superintendent of the water supply of Brooklyn Borough.

Hugh McLaughlin of Willoughby street Was there. It was a brilliant wedding and due prominence was given to It by the press. It seems a wonder that the Cambridge Mrs. Howard did not read of it. Howard Made Frequent Business Trips.

After the wedding Mr. and Mrs. Howard went to live at the Waldorf Astoria pending a honeymoon trip to Europe. Mr. Howatsd convinced his wife that ocean travel is dangerous in the fall months and the wedding journey was Riven up.

The couple then took apartments at the New Amsterdam Hotel af Twenty first street and Fourth avenue. Howard treated his wife like a queen. He spent money freely, his hotel bill alone amounting to $400 a month. There was only one thing to Siar the happiness of the bride; that was the frequency of her husband's business trips. He usually went away for two day? a week, One night Mrs.

Hawkes. thankful for such a good husband, kissed her engagement, ring t1 'irOTif frt aloan GVio nln avo Iriccfiil this ring. The next morning when she awoke the six carat diamond was missing from the golden band. She cried when she failed rn finrt tht stnno Ti was Croat mvsrprv because she knew the setting was In the ring when she went, to sleep. Her husband laughed and told her to take the loss as a Joke, that he would buy her another engagement ring and thev could live over their again.

He refused to report the matter to the police. Henry Hawkes, heard of the loss and became suspicious, for, according to his way of. thinking, only one person in all the world could have taken the stone so securely set in his sister's ring. The $800 diamond was never replaced. Mrs.

Hawkes Beceives Tip About Howard. Three weeks ago a Mason called on Mrs. Hawkes and told her that he felt it his duty to inform her as the wife of a Mason that Howard was not what he pretended to be. but was married to a woman in Cambridge. Mrs.

Hawkes told Henry Hawkes, and he started an investigation, but necessarily made little progress, as he had scarcely any information to work upon. He made an ap pointment with the Mason who had given I This was just before Christmas. Christmas eve Howard left on a trip and was away over the holidays. His wife went to stay with her narents while he was away. They tried to make her see that her husband's business trips were suspicious, but she was faithful to him in her devoted trust.

"No. no, no; you can't make me believe that, there is another woman." cried. "He loves me and is true to nie. He goes away on business. I know it's business." So they let her go her way, trusting in the man she loved.

Her brother hired nrivatc detective of Brooklvn to watch How He never tried to get any money out of me." said Mr. Hawkes. except once he told me he had bought $20,000 of rubber tire stock and had only $10,000 to make payment with He asked it I could accommodate him. MrGeorge VT. Howard of Massachusetts, when interviewed at her handsome home at 63 Dana street, Cambridge, said gIow Howard is my lawful husband.

We were married in Cambridge ten years ago and have lived here a greater part of the time since. My husband works New York and comes here every week. He was nere New Year Day. No, have never heard of ihu Miss Hawkes of Brooklyn." HERLIHY'S TRIAL RESUMED. Afternoon Will Me Taken Up With Examination of Clergymen.

The second day's session of the trial of Police Captain John D. Herlihy, upon charges of inefficiency, conduct unbecoming an officer and violation of department rules while he was an officer in command of the Eldridge street precinct, began in the trial room at Polfce'Headquarters this afternoon. All the Commissioners were at Headquarters. Olcou said in advance that the continuation of the cross examination of the Rev. R.

L. Haddock, who was on the stand at. the last adjournment, by the defense, his own redirect examination, and a possible start on his direct examination of the Rev. J. H.

George, would take up the whole of the afternoon. TROLLEY KILLS WOMAN. Three Year Old Child Escapes With Slight Injuries, Though Knocked Down. Ella Johnson of 149 Twenty eighth street was run and killed last night by trolley car No. 513 of the Fifth avenue line, at Fifth avenue and Twenty eighth street.

She was on her way to some store, for she carried a market basket at the time. She had crossed the down town track safely only to be caught and run down by the car on the opposite track. Thomas Campbell, motorman of car No. 513, was arrested. The body of the unfortunate woman was taken to the Fourth avenue station house.

Hilda Cordes, 3 years old. of 129 Second place, came near being killed by a trolley car at Smith street and Second place, at 10 o'clock this morning. The little girl started to cross the street at the points mentioned, when she was struck by car No. 427 of the Smith street line. Persons in the street, when they saw the child in.

front of the car were horrified and shut their eyes for the time being, thinking that the baby girl would probably be instantly killed. To their oat aiirnrisp th child was picked up and carried by the lenaer oi me car tono whon shn was taken from the car it was found that she had escaped unhurt with 1he exception of a slight swelling of the left leg Officer McCormack of the Butler street police took charge of the child. Her parents declined meaicai am auu sue mi them. REV. JOB BASS ILL.

Has Submitted to an Operation, hut Re covers Only Slowly, and Some Anxiety Is Felt. The Rev. Job G. Bass, for thirty five year chanlain ot the Kings County Penitentiary, and widely known as one of the oldest cler gymen in Brooklyn, is quite ill at his home 431 Waverly avenue, and his condition has caused some alarm, because of his advanced age. He was born in Charlestown.

S. So vears aeo last February. For a year or more i kldneys nave seemed to be affected, and i about three weeks ago an operation as per formed by his physician. Dr. Nathaniel Mat i son, which it was hoped would give mm per martPTlt re lief.

That his constitution is a re markably strong one, is shown by the fact that he recovered quickly from the operation I and was able on New Year's Day to leave his I room. Since then he has been aDie to move about'hls room almost at will, but his nurses say that he does not seem to have recovered all of his normal strength, ana tor tnis reason, his friends feel some anxiety about him Mr. Bass came to Brooklyn in 1856. In Charlestown he had been employed in wholesale drug house, and he got a similar nnsition in New York. When the war broke out he went South as a chaplain, in which capacity he served until about 1865, when ne was assiened to the Washington Navy Yard.

A year or so later he returned to Brooklyn and at once was appointed chaplain of the Kings County Penitentiary, where he has since served continuously. He was at the Penitentiary during the epidemic of cholera and has been closely associated with many of the other events in the history of tnat in stitution. He has lived in his present home about twelve years. Mr. Bass was married early in life and had several children, but all of these and his wife are now dead.

Despite his great age, he has no thought that his end may be at hand. He insists that he will recover and says that he will rally from his present weakness in a few rt WELCOME TO SANKEY. Public Beception Service to the Famous Gospel Singer. On Sunday evening the friends of Ira Sankey. the famous Gospel singer, propose to welcome him back to his native land by holding a public reception service in the Lafayette Avenue resoytenan unurcn.

mr, Sankey will Denver nib uU.tM uu aucieu people were iui ueu aj uatc filled the hall twice over. Mr. Sankey will illustrate his address by singing selections, old and new from his old compusmuus. ue ii oruus open to the public and everybody is cordially invited to greet Mr. banney, WAGON STEALING CHARGED, Policeman Richard Owens of the Bedford avenue station saw John Gallagher, 19 years 0f 13S North Ninth nreet, driving a horse attached to a business wagon through Bedford avenue last night and was attracted by the man's suspicious aotions.

He 'brought hi.n to a halt and when Gallagher was un ntp pvnlain how the ric came in his dos i the noliceman nlaced him under ar molten is due to the vacancy occasioned by the death of Rear Admiral McNair. Commander Nickels has been stationed at the local Navy Yard for some time. In doubtful condition of lungs, in nervous adults and in children, loss of weight is a very' serious sign. 'Do also what else case may require; but Scott's emulsion of cod liver oil is part of the remedy. We'll send you a little to try.

if you like. SCOTT it BOWNE, 409 Pearl atrcet, New York. MULRY CASE UP AGAIN. This Time Mrs. O'Connor, Grandmother, Wants the Custody of Young James Mulry.

On the return of the order for a writ of habeas corpus sued out by Kate O'Connor, to recover the custody of her grandson, James J. Mulry, the son of Ur. Lawrence V. Mulry of Lexington avenue, Brooklyn, answer wa made this morning, by Dr. Mulry, befora' Justice Samuel T.

Maddox, in Supreme Court, Special Term. The grandson of the appltr cant for the writ is now in the custody of Dr. Mulry, who is, said to be very well to do. Ho is the son of Dr. Mulry by his first wife, Co lia Mulry who is a daughter of Kate O'Connor, the petitioner.

Mrs. O'Connor claims that Dr. Mulry entered into a conspiracy to get an absolute divorce from Celia Mulry and says that Dr. Mu is a fit person to have the care of the child. In his return to the writ, Dr.

Mulry says that Mrs. O'Connor's allegation that he is not a fit person to have the custody of her grandson is not true and that on a former application of a similar nature Justice Samuel T. Maddox. in Supreme Court, refused to remove the boy from the custody of Dr. Mulry.

James, the boy in question, makes an affidavit, in which he deposes that he wants to remain with his father. He lived with his step mother and two sisters at 247 Decatur street until June, 1900, when, of his own accord, he went to reside with his father. The mother of James Cella Mulry who lives at 455 Manhattan avenue, deposes that she believes that Dr. Mulry is 'a fit person to have the care of her son. She declares that she has refused to have anything to do with the writ of habeas corpus.

The case as sent to a referee by Justice Maddox, and it is expected that testimony will be taken and the report handed back to his honor. MUST HAVE MORE POWER. When New House Is Finished B. T.u Will Operate All Trains by Electricity. The Brooklyn Rapid Transit Company has in contemplation the erection of a large power house which will materially increase the operating facilities.

Although in its five stations the company has an aggregate of 3E, 900 horse power, the present amount is insufficient to run the elevated trains by electricity, in addition to the surface trolleys. The engineers, of course, have been aware of this for long time and during the past six months plans for increasing the power capacity have been in various stages of development. The site of the enlarged power house will be at the corner of Third avenue and Second street. A number of sites were available and many were considered but the one bppo site the ball grounds will be the location used. A story has been in circulation recently to the effect, that the cause of the added equipment may be found in the presence of new blood in the company but the rumor cannot be verified.

It Is also stated, on the same basis, that the new power house is only one of a number of improvements, not definitely specified, which in the coming year, will be added to the company's equipment, but notwithstanding, the power house is the only improvement or addition which the road officials profess to know anything about. President Rossiter denied very emphatically this morning that any change had been made in the personnel of the company. He said that the new power plant was to be built because the roads needed it and for another reason. He said that the contract for its erection had been let and that the engines would be ready for service before the end of the The contract for making six new engines, each 74,000 horse power, has been awarded to the WestinghoU3e Electric and Manufacturing Company. These engines will cost in the neighborhood of $500,000, while the entire cost of tho work will reach close to $2,000,000.

In addition to the work In South Brooklyn, the generative capacity of the Kent avenue power house in the Eastern District will be increased by 30 per cent. Some time ago the company contracted for fifty new motor cars for use on the elevated railroads and these it is expected will be finished and ready for service before the new power house is opened. When the plant la completed, it is the intention of the company to operate all of the elevated syatem by electricity and to do away with steam altogether. Just at present, however, the road has neither the rolling stock nor the power to accomplish it. SUGAR COFFEE SITUATION.

No change was reported this morning in the wholesale price of refined sugars and hone is looked for in the trade. The coffee sugar fetal between the American Sugar Refining Company and the Arhuckles Is believed by many to be in process of settlement. Herman Sielcken, who represents the interests of the American Sugar Refining Company in thu Woolson Spice Company, says It Is untrue that the trust has made any deal or contract with its rivals, chief among whom are the Arbuckles. Mr. explains that the Woolson Company has doubled its output under the present control and that yesterday's advance in the price of coffee was made to cover the cost of manufacturing with a small margin of profit.

JUDGMENT FpB PLAINTIFF. Justice Gaynor in Supreme Court has given judgment for the plaintiff In the suit of T. Ellett Hodgskln as trustee in bankruptcy of the estate of Adolph Kuffler against Ralph Hein, Anna Heln, Frank Pentlarge and Adolph Kuffler to declare fraudulent against the creditors of the bankrupt various payments aggregating $10,020 made by Kuffler to Hein, or failing that, that $7,000 of the amount be adjudged to have been paid by the bankrupt, by way of unlawful preference, in that it was paid within four months prior to the filing of the petition in bankrutcy. FIBE AT CAPTAIN DOHERTY'S. There was a singular fire at 5:30 o'clock this morning in the show window of the shop of Michael Doherty, who 'was formerly a police captain In old New York, but who nour sells cider at 175 Washington street.

Ther was a prompt alarm and the flames were put out before the damage exceeded $50. It wai tc und that the fire originated In a bed quill which had been thrown under the window, but whether it had been ignited by accident or design is a question that Mr. Doherty and the police seem to be unable at present answer. FIREMEN'S ASSOCIATION. (Special to the Eagle.) Albany, N.

January 3 Articles incorporating the New York Fire Department Benevolent Association of the City of New York were filed to day with the Secretary of State. Its objects are of a social and intellectual nature and also to promote recreative amusements and exercises among its members. The directors of the organization for the first year are: Edward F. Crokcr, Thomas J. Ahearn, John J.

Burn3, Robert Oswald, George W. Murray, Albert Reid and William, H. Woods of New York City. Oscar F. Williams Named as Consul General at Singapore.

Washington, January 3 The' President today sent the following nominations to the Senate: Oscar F. Williams of New York, to he consul general at Singapore; Frank R. Mow rer of Ohio, to be consul "at Antigua, W. Frederick E. Rlttman of Ohio, to be auditor for the War Department; Clinton D.

Mac dcugall of New York, marshal of the United States tor the northern district of New York; James F. Harlan of Illinois, to be attorney general of Porto Rico; Captain H. A. Shaw, assistant surgeon U. S.

to be surgeon of volunteers with rank of major; Corporal George Steunenberg, Troop Eleventh Cavalry, U. S. to be first lieutenant; Commander Augustus G. Kellogg, U. S.

retired, to be transferred from the furlough to the retired pay list. TO IMPROVE GOVERNOR'S ISLAND. Washington, January 3 Secretary Root has sent to Congress an estimate of $1,140,000 for enlarging and improving Governor's Island, New York Harbor, for Army purposes. BEHEADED BY TROLLEY CAR. Herlitz Apparently Sat Down on the Track No Relatives in This Country.

John G. Herlitz, a man apparently about 40 years old, and who has no relatives and but few acquaintances in this country, was almost beheaded and instantly killed by a trolley car at the corner of Bushwick avenue and Boe rum street last night. According to the statement of Charles Dates, the motorman the car, and bystanders who witnessed the accident, Herlitz started to cross the street as the car was almost abreast ot him, and apparently sank down in its path. The car was running on a down grade and had acquired considerable 'momentum. The motorman, when he saw the man in front of the car, shouted to him, and made every effort tn bring it to a standstill, but without avail.

The body was taken from beneath the car and an ambulance summoned from St. Catharine's Hospital. When Ambulance Surgeon Hayt arrived life was extinct and from indications death had been almost instantaneous. The body removed to the Stagg street police station, where this morning it was identified by a man who had known Herlitz. The latter rented a small room at 425 Bushwick avenue and was employed as a laborer in Kalbfieisch's chemical works at Boerum and White streets.

He had relatives in Sweden, and a daughter, whose picture was found on him, is said to reside in Stockholm. Motorman Dates was placed under arreet. At the station house he was calm and collected when relating the circumstances which led to Herlitz's death and was positive that the latter sat down directly in front of the car. When he was arraigned in the Manhattan avenue police court to day hearing in the case was adjourned by Magistrate Lemon until January 21 and Dates held for examination to await the result of the coroner's inquest. OBITUARY.

George B. Parks. George B. Parks, who was born at Farming dale, N. March 24, 1818, died yesterday at his home, 173 Prospect avenue.

His death was the result of an accident, which occurred several months ago culminating in an affection of the liver and dropsy. It was the first illness which had confined him to his bed in his long and active life. He first came to Brooklyn in 1830, and during his early life was first a resident of the Second and Fifth Wards. During that period he was a milk dealer an.d used to serve the United States Hotel, on Fulton street, Manhattan, reaching It by boat. He also served the Kings County buildings then near Fort Greene, on the site ot the present Brooklyn.

Hospital. He was also the first to manufacture root beer for sale in Brooklyn. He had been a member of Franklin Company No. 3 of the Volunteer Fire Department, whose house was on Hicks street, near Fulton. He served for seven years on the old metropolitan police force and for eighteen years on the present force in Brooklyn, being under Captain Thomas King in the old Second Precinct on York street.

His police record was excellent and marked by several clever arrests. After leaving the regular police force he was a special officer of George B. Parks, Veteran Fireman and Policeman, Who Died "yes terday, Aged 83. the Health Department of this borough for a time. He was also boss truckman for Thomas Prosser, American agents for the Krupp Manufacturing Company of Germany.

He was at one time a partner of Keyes, the tallow soap maker. He resigned from the police force when 78 years old. His recollection of the early days of Brooklyn was good till the last, and his stories of those times were always Interesting. He never used intoxicating liquor in any form nor smoked during his life and to his regular habits attributed his long life of perfect health. He was well known to all the tug boat men ana otners along tne uowanus Canal, as he was bridge keeper at Third and Ninth streets and Hamilton avenue for twenty years preceding his death.

He had been' a regular attenVJant at the Eighteenth Street M. E. Church for many years and the pastor, the Rev. F. A.

Sco field, will officiate at the funeral services to be held at his late home to morrow evening at 8 o'clock. A quartet from the choir of the church will also take part in the services. The interment will be in the family plot at Cypress Hills Cemetery Saturday morning. He is survived by a widow and six children, William Charles George W. and Jamo3 M.

Parks, Mrs. A. M. Smith and Mrs. A.

E. Petersen. "William Thomas Geyer. William T. Geyer, younger son of Charles Thomas and Anna Townsend Engs Geyer, of 133 Baiubridge street, died at Southern Pines.

N. C. where he had gone for his health. He was formerly with the real estate firm of Yates Porterfleld ot Bedford avenue, this borough. JEPSOWS ASSAILANT HELD.

Owen Boyle, a saloonkeeper, at 1 Ninth street, who assaulted Officer N. P. Jepson of the Hamilton avenue station, a fow weeks ago. was held by Magistrate Blrstow in the Butler street court in $2,000 bail for the Grand Jury. PTTBNITTJBE COMPANY PAILS.

The J. P. Fangel Manufacturing Company, dealers in office furniture, at 02 William street, to day assigned to Gustave Hurli man. The company was Incorporated two years ago with a capital stock of 530,000. I Justice Jenks' views are and I concur.

The only question at issue is which of two evils should be chosen, publicity of indecent evidence In divorce cases or the abuse which follows or may follow the obtaining of a divorce secretly. Perhaps the repressive influ ence of publication would be better, on the whole, than trying cases in secret." Justice Dickey Discusses the Perjury Feature. Justice William D. Dickey said that very few referees are appointed in divorce proceedings in the Second. Judicial Department, and then he is named by the court and not at the Instance of either one of the parties to the suit.

He must always be a person of high standing and Is practically the hand of the court. The report itself is not final; it is passed upon by the court and the referee is practically a scrivener for the court. The recommendation of Governor Odell does not allude to trials here so much as to the recent investigation of a so called divorce bureau in New York County. It had been broken up and that would be the end of it. As to hearing all testimony in divorce trials before a justice in open court.

Justice Dickey said, if witnesses would perjure themselves before a referee they would also do It in a court room. If all trials would have to be in open court then there would have to he a stronger force of witnesses, probably, if there was anything wrong in the testimony. It was true that before a judge in open court perjury would be more apt to be detected than before a referee, he said. It would be remembered that the divorce bureau in New York County was discovered by a stenographer who had seen the same witnesses for plaintiff in another case before another referee. Justice Marean Does Not Believe in Open Trials.

Justice Marean said that there is nothing important to be gained by trying divorces in open court, except the poisoning of the public mind by some of the testimony. Justices of the Supreme Court appoint referees who may be relied upon to do their duty, absolutely. "To try such cases in open court would not help matters at all," he said. "The trouble with'hearing all testimony in open court is that persons crowd in as though at an entertainment, and not for the purpose ol seeing whether witnesses are lying or not." Justice Maddox Agrees With the Governor. Justice Maddox said that the best proof of his agreeing with Governor Odell is that he hail alwavs insisted, wnen on tne oenca, in suph a case, in trying divorce cases openly.

'I think it would be a good measure for incorporation in the statute law of the Justice Maddox added. "I always have in sisted, also, in putting in proof of service of the summons and complaint on me ue fendant." CAUGHT WITH STOLEN COAT. Bicycle Policeman Conroy Captured Thief as He Was Leaving a Public School. While riding past Public School No. 35, at Lewis avenue and Decatur street, at 2:30 o'clock yesterday afternoon, Bicycle Policeman.

James Conroy noticed a boy leave the building with an overcoat on his arm. When the boy saw the officer he started to run. Conroy gave chase, ran him down and took him back to the school, where it was learned that the coat had been stolen from the coat room and was the property of Clarence Walk ley, 15 years old, of 51 McDonough street. The culprit was taken to the station house, where he gave the name of Arthur Denning, 17 years fild, and said that he lived at Herkimer street and Ralph avenue. The coat was valued at $20.

This morning when the prisoner was arraigned in the Gates avenue court he pleaded guilty and was held by Magistrate Worth for the Court of Special Sessions. There have been five coats stolen from the school during the winter, and one bicycle, and the police are now of the opinion, that Denning is guilty of all the thefts. CAPT. ASSERSON'S RETIREMENT. Planned to Besume Private Life Saturday, but May Be Disappointed.

Captain Peter C. Asserson. chief of the Department of Yards and Docks at the Brooklyn Navy Yard, whose retirement from active service was to take place on Saturday, left for Washington to day where he will sit with other naval officers on a board to consider the advisability of removing the Portsmouth Navy Yard to Charleston, S. C. The Navy Department is anxious to locate a yard eomswhere further south since the country has acquired great interests in the West Indies.

While in Washington Captain Asserson will have a conference with the Navy Department officials about his retirement to private life on Saturday when he will be 62 years of age. Compelling Captain Asserson to remain in the service is a great hardship on him and gives him no adequate remuneration. He will retire as a rear admiral and as such will receive more pay and be relieved of all work and responsibility, whereas if he stays in the yard he sacrifices the rank, has work that tiea him down almost day and night and with less pay than he would get as a retired rear admiral. It was said at the Navy Yard to day that Captain Asserson may be given additional allowances to make up for the sacrifices he will be compelled to make by staying in the service. This, it was said, would in all probability be arranged before Captain Asserson returns from Washington.

MOTHER COMPLAINS OP SON. LHas Him Sent to Jail as an Habitual Drunkard. A pathetic scene was witnessed in the Lee avenue court this morning when Magistrate Kramer committed John Cariey, 2S years old. to the Kings County penitentiary for a term of six months on the complaint of his mother, Mrs. Margaret Cariey of 278 South Fourth street, who told Magistrate Kramer her son had not drawn a sober breath for over a month.

Mrs. Cariey explained that she had made too much of her son and that he had been led astray by bad company. As a result he became addicted to drink and, though he had made several attempts to reform, it always resulted in failure. Then he went on a spree which had lasted over a mouth and Mrs. barley was finally compelled to make a charge o.

habitual drunkenness. The latter admitted that his appetite for strong drink cou.d not be overcome and made no objections to hi commitment. BBOKEK DUDLEY SUSPENDS. The suspension of J. B.

Dudley, a broker the Consolidated Exchange, was announced this morning on the Exchange. Mr. Dudley is a new broker in the Exchange of about six months' standing. He was long 240 shares of sugar. 20 shares of Southern Pacific, 20 shares of People's Gas and short 40 shares of Leather and 20 shares of People's Gas.

The failure is said to be a small one. TBIED SUICIDE. Thomas Nolan, 44 years old. a bartender of 471 Hicks street, attempted suicide to day by taking Paris green. He was removed to the Long Island College Hospital.

Nolan has a wife and four children. During the holidays, it Is said, he took to drinking. He lo3t his position and became melancholy. This is believed to have prompted the attempt. BTJMOB OP MOBE SIGHTING.

London, January 3 There Is an unconfirmed report from Cape Town current that fighting has occurred eighty miles north of Matjesfonteln. Proposed Inquiry Into Alleged Abridgment of Suffrage in Certain Southern States. FILIBUSTERING BY DEMOCRATS. Olmsted Resolution Bemains Unacted Upon Owing to the Lack of a Quorum. Washington, January 3 When the House reassembled to day after the holiday recess, not more than seventy five members were present.

It had been arranged before the House met that the consideration of the reapportionment bill was to be entered upon to day. Immediately after the reading of the journal. Mr. Olmsted (Pa.) sprang a surprise by offering as a matter of privilege a resolution reciting the alleged abridgment of the right to vote In Louisiana, Mississippi, South Carolina and North Carolina, and instructing the committee on census to inquire into the subject and report the facts to the House. The reading of the resolution caused a flurry on the Democratic side.

Before it had proceeded far, Mr. Richardson the minority leader, jumped to his feet and in terrupted the reading to ask whether the resolution required unanimous consent. 'It does not," replied the Speaker. "It is offered as a matter of privilige." "I make the point that the resolution does not constitute a matter of privilege," said Mr. Richardson.

"The reading has not proceeded far enough to determine that point," responded the Speaker. Mr. Richardson took his seat, but before the clerk could proceed Mr. Underwood (Ala.) was on his feet. "I make the point that there is no quorum present," he said.

The Speaker glanced about the House. Evi dently there was no quorum present. "The chair will count," he said. The House was counted and when the Speak er announced 141 present not a quorum Mr. Underwood immediately moved an adjournment.

The ayes and noes were demanded and obtained upon this motion. During the roll call there were hun ied consulta tions on both sides ot the House. Many of the Republicans were taken as much by surprise as the Democrats. The latter were greatly agitated and decided to fllibust er against the resolution to the last ditch. The motion to adjourn was lost; ayes, 68; noes, 95; answering present, but hot vot ing, 14; noted present, total, 179.

The Speaker included himself in order to make up the quorum. The Speaker thereupon directed the clerk to proceed with the reading of the resolu tion. When it was concluded Mr. Richardson again brought forward his point of order that the resolution was not privileged. He argued that the resolution should take the course of all other resolutions and go to a committee.

Mr. Olmsted, in reply, argued that under the Constitution matters affecting the reapportionment of representatives were of the highest constitutional privilege and cited an elaborate opinion of Speaker Keifer, in the Forty seventh Congress in support of his position. Speaker Randal he said, had also held that an apportionment bill was a matter of the higheBt privilege. His resolution, he contended, seeking as it did to determine the constitutional basis ot representation, was equally privileged. The House, he argued, could not act intelligently unless it was advised in what states and to what extent the suffrage of citizens of the United States had been abridged.

Mr. Olmsted said the resolution touched the dignity of the House ithelf. If the suffrage had been abridged in certain states, then members were unjustly and unconstitutionally holding seats upon this floor and this constituted an invasion of the dignity ot the House. Speaker Henderson held the Olmsted resolution privileged. The mipority raised the question of consideration against it, which forced another roll call.

The vote to consider tho Olmstead resolution was yeas ,81, nays 82, and five present hut not voting no quorum and another roll call was ordered. At 2 o'clock the House adjourned. The Olmsted resolution remained unacted upon owing to the lack of a quorum. TRANS PACIFIC CABLE. Chamber of Commerce Indorses House Bill' Providing for Telegraphic Communication With the East.

At the regular meeting of the Chamber of Commerce to day Gustav H. Schwab, acting for the committee on foreign commerce, presented recommendations favoring a trans Pacific cable operated by a private corporation, rather than the establishment of a government cable. The reasons given for this action were that a government cable would appear to cost at least $15,000,000 and the cost of maintenance of the same, estimated, would be at least $1,500,000 per annum. The proposed cable to he commercially profitable and useful should reach Japan and Chim. Permission for the United States government to land a cable on the shores of these two countries probably could not be obtained as these governments would naturally reserve the right to control every new cable landed on their coasts.

The fourth reason was that the laying, maintaining and operating of ocean cables require a large amount of expert knowledge, based on experience, and In the opinion of the committee no department of the govern ment is in a condition to supply these es sential requisites. A resolution was passed Indorsing the gen eral principles embodied In a bill introduced in the House of Representatives by Mr. Sher man and entitled "A bill to provide for tele communication between the United States of America, tne Hawaiian islands Guam, the Philippine Islands, Japan anj China, and to promote commerce," which bill has been favorably reported by the committee on interstate and foreign commerce. The chamber also decided to appoint a committee of five, who shall recommend to the chamber at its next meeting what action if. should take in regard to the report of the charter revision committee.

Oh motion of George F. Seward of the committee on state and municipal taxation, a resolution was passed accepting and approving the bill providing for a return to the stale commissioners of the gross revenue of each tax district in the state itemized as respects the sum derived from each class of taxables. PBOMOTEB BABHAH ABBESTED. John A. Barham, a promoter, was arrested by Deputy Sheriff Terry to day on an order signed by Justice Leventrltt of the Supreme Court.

Bail was fixffied at $2,500. The arrest Is the result of a suit brought against Bar ham by John W. Richardson of London, whose complaint says that in 1897 he gave Barham $2,435 with which to purchaso a one fifth interest. In a syndicate formed to buy up English patent rights in an acetylene bicycle lamp. The negotiations fell through and Richardson asserts tlint he has never been able to get his money back fronv Barham.

WALSH LEAVES PBENTISS FIBM. There has been a reorganization of the firm of George H. Prentiss Co. W. W.

Walsh, who was a member for many years, has retired, and the business will be continued under the old name by George H. Prentiss, Henry N. Curtis and Russell B. Prentiss. Governor Odell's Suggestion Approved, in the Main, by Brooklyn THEY DIFFER AS TO PUBLICITY.

Views Expressed by Supreme Court Justices Gaynor, Goodrich, Jenks, Marean, Maddox and Dickey. The question as to whether divorce suits should receive open trial in the courts of this state, or should be turned over to referees, where they are heard in comparative obscurity, has long been one upon which judges and lawyers have differed. The matter, which was recently brought forcibly to notice through the practices of the notorious divorce mill in Manhattan, has been further urged by Governor Odell, who said In his message yesterday: "During the past year a scandal in reference to the administration of the divorce laws of the state was exposed, and it became apparent that, In the hands of unscrupulous men, the law could be so manipulated that fraud was easily possible. Marital relations should be sacred and only dissolved when statutory causes have been clearly proven. It seems to me that an amendment mandatory in its character should be enacted, which would provide that the service of the summons in such an action should be proven before and the case heard by the trial Judge in open court.

This would correct the abuses new existing." ine fiiagle to day presents the views of half a dozen justices of the Supreme Court in Brooklyn. In the main, they agree with the views of the Governor. The practice in Brooklyn in the matter of divorce trials has for years been more rigid than that observed in Manhattan. Here, it is a rule not to send uncontested cases to referees. Such cases are always tried in open court.

Contested cases, where both parties agree to tne procedure, may be sent to a referee, but his report, of course, is subject to review by the court. It is assumed that where there is a real contest the rival litigants will watch closely for any evidences of perjury on either side, thereby assuring the honesty of the trial. But some of the Brooklyn justices are ready and willing to go ev.en further than this and try all divorce cases in open court. Justice Gaynor Explains the System in Kings County. Justice William J.

Gaynor was seen at his home on the Park Slope to day and asked to comment on the Governor's recommendation. He said: "In this county divorce cases are uot sent to referees but are heard in open court. The single exception to this is that in a case contested in good faith, and not allowed to go by default by the defendant, the case may, like any other cause, be heard by a referee. As for doing away with perjury, that is impossible. It always existed and always will From the case of Susanna and the elders down to date history furnishes many Instances, including that of Titus Oates.

A judge should be astute enough to know a perjurer when he sees one; and so should a jury, too. They should not let every knave that comes along pull wool over their eyes and then go outside and laugh at them. The rule that no uncontested case could be tried in this county by a referee, but must be tried in open court, came about this way many years ago. A referee to whom a case was sent listened to the testimony, which made out a perfect case. But he had enough of what is called insight or outsight to see that the witnesses were perjurers, and he filed his report saying so.

Inquiry at the places where they said they lived and were employed showed that they were not known there. Indictments followed but the perjurers were never caught. Some people said that if the case had been heard in court it would probably have gone through all right. That the referee discovered the fraud was given by some as a reason for sending all such cases to the same kind of a referee. But the judges made a rule that they should all be heard in court; and a few years ago the same rule was adopted for the whole state, and it now prevails all over the state.

"The only divorce cases sent to referees are contested ones. There each side watches the other for perjury, as in all contested cases, and the court does not have to watch so closely. Many think that the publication in the newspapers of the cases tried in opsn court on each divorce day, as it Is called, ferments much discontent among husbands and wives, and puts it into their heads to seek divorces. I have no doubt of the truth of this. Many a man or woman who would have managed to bear their discontent have been put in a different frame of mind, and stimulated to go to court for a divorce by reading of so many other people getting a divorce In one day.

If they could all he heard by a few astute and conscientious referees, they would be safely tried and the scandal would be avoided. Then, again, there are many good, sensitive families that might well be spared the pain of publicity. Notion That Americans Are Prone to Divorce a Mistake. "But this is only to show that there are two sides to the question. There is another thing to be said.

The notion that our American people are immoral and prone to divorces is a very great mistake. They seldom apply for divorces. At least four fifths of the divorce cases in Brooklyn come from our foreign population; and this East Side vice in Manhattan, of which we hear bo much, is not American at all. It is not even European. It is Asiatic.

But I am Baying more than you came to get. The recommendation that proof of the summons and complaint be made in court is already the practice here, and I had supposed all over the state. This applies to cases where the defendant lets the case go by default. "The real abuse has been in cases to referees where the defendant appears anil puts In an answer apparently contesting tlw case, but where there really is no contest, but. only the appearance of one in order to get a reference.

This seems to be done in 'his1! as we call it. In that way a man has been known to get a divoTce in the morning for the wife of another man whom he has stolen and marry her at noon, all without publicity, unless the new marriage gets out, and then comes the scandal." Opinions Erom the Appellate Division. Presiding Justice W. W. Goodrich and Justice Almet F.

Jenks of the Appellate Court, second judicial department of the Supreme Court, were in chambers in the county court house this morning and they readily consented to give their views to the Eagle. Justice Je.nks said that a law compelling the trial of all divorce causes in open court would, of course, take away the right from justices in Supreme Court to appoint referees to hear testimony In such causes. As to uncontested divorces, where no appearance was made by the defendant, on the charges of the plaintiff, there Is a rule in the second department agaiust appointing a referee; such caees are always tried in open court. Where a defense is put in, the code of civil procedure, by section 1,012. allows the presiding justice In his discretion to appoint a referee, on the consent of both parties to the suit, but the court is not permitted to name for a referee any person suggested by either of the parties; this was to prevent possible collusion between the plaintiff and defendant.

Justices Jenks and Goodrich Believe in Court Trials. Regarding the recommendation of Governor Odell, that trials shall be in open court, Justice Jenks said: "I am thoroughly in favor of the recommendation and I approve of Governor Odell's position with regard to divorce trials. I should be glad to see it made a part of the statute laws of New York State. As the law now read3 the court, at a public trial for divorce, may exclude all porsons from the court room, excepting jurors, If there are jurors, the parties and those interested as witnesses and the court attendants. As to ard and follow him on his next trip.

Last I Song." This is tne address wn ch Mr. ban Monday Howard went away again, f'ollow. key save during the past months in Great by the detective. Inside of a dav the detec Britain ana which uiew auu.e.ice!, ui mutative telegraphed back sands. On the occasion of his appearance in "I followed Howard In Boston, where he Exeter Hall.

London, the hall was packed an a room at the Hotel Touraine. There hour before the advertised time, and as many he left, his hand baggage and proceeded at ouce to fi.t Dana street. East Cambridge. I found that he called there to see a Mrs. George W.

HowatM, and that he was known at her husband. "I further discovered that Howard and the woman were married by an Episcopalian minister August lsliii. 'The bride was Miss Ann Kov. daughter of a minister and a graduate of Welleslev College. Her family are well known and so dally influential in Cambridge.

This Mr. and Mrs. Lreorge w. Howard Have one son, who now f' yeari. old.

for Young Hawkes Gets a Howard. The detective get a copy Warrant marriage i certificate from the court reconls in Cam I bridge and then hastened home, arriving here I rest. It was found that the wagon had been yesterday morning shortly nr'irr niidnight. i stolen from Charles Fisher of 201 Kenl ave Voung Hawkes was given the evidence and nue. Gallagher was remanded for further with Hamburger ho called on Magistrate I examination by Magistrate Kramer In the Lee Brenner and secured a warrant for Howard, i avenue court this morning.

Then they went out and searched all for 1heir quarry, who had evidently got scent of i the fact that he was wanted. He locked him NICKELS GETS NEW COMMISSION, self in his room in the New Amsterdam Hotel Lieutenant Commander J. A. 1 1. Nickels while the detective waited.

HrtwUes paced (hp captain of the yard's office of the outside the door, it is said, with a revolver and the avowed intention of shooting Howard. I Brooklyn Navy ard this morning received Last night they tired of waiting and broke his commission as a commander. The pro In the room and found Howard sitting there calmly smoking a cigar. He was brought 1o Brooklyn and locked up. He employed John 3.

Bennett of 171 Fulton street as his attorney. His first act, however, was to telephone to his father in law, Hawkes, to come and go on his bond. Howard is chief engineer of the Metropolitan Streel Hallway Company power station on Twenty fifth street. He has a brother there, who, the Hawkes say, used frequently to accompany Howard to Cambridge to sec the other wife. "I'm afraid it will kill Helen." said Mrs.

Hawkes this morning. She doesn't know anything about it yet, but wc will have to break TRY GRAIN TRY GRAIN'O! Ak your 5roi iu lay tu show you a packnpn of GHAIN O. itu nt iMHi drink that takes? the place ni uffep. The chllrlrvn may Urink it with Injury as woll as itw adult. Alt who try It.

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