The Brooklyn Daily Eagle from Brooklyn, New York • Page 1

DEC 8 1902 THE BROOKLYN DAILY LAST EDITION. Entered at Brooklyn. P. O. as Second Class Matttr.

NEW YORK. SATURDAY. DECEMBER 6. 1902. VOL.

C2. NO. 337. 20 PAGES. r.pvrigiil.

P.v tin Ur uiklyn Dally Ragle. Trariu Mark "Kngle" Pi glst' THREE CENTS. MR. HEED'S CONDITION. VICTORY AT MIDNIGHT FOR CLARKE OVER TRAGI SHE LOCKED HERSELF IN WITH A TRAPPED BURGLAR CAN'T DODGE TUNNEL VOTE WITHOUT II COOD EXCUSE.

THEORY OF LEYH'S SUICIDE EASIEST FOR THE POLICE, LOCAL WEATHER PROBABILITIES. Generally fair and somewhat warmer to nlcht; Sunday, scncrnlly fair: llsht to frenh variable wlniln. becoming southerly. FREIGHT TRAINS COLLIDE. it as soon as tin ivsull uf the chemical I analysis is mad known.

There has been no effort to hold Rob. rl Westphal. the boy who i was in the store when Mr. yh took tin: I fatal dose. Robert hud been ready at all times to toll nil that lie knew, apparently.

about the tit Me was. d' luincl for some hours yesterday in the Bedford avenue sta ilion, but after Inspector Druhan had seen him and Coroner Williams had had a tall; with him he was allowed to go homo, lie will be called as a witness at tin: Inquest, as will be several members of the family and the man who says he gave the deceased the sal iimmonkf. Tin; store when'' the tragedy occurred if still closed and it is not likely that any attempt will be made to open it until after the settlement of the estate. At the house to day it was said that Miss Isabella Leyh had left town for day or two to recover from the prostration following the excitement of the past few days. DADY'S AGENT GIVES BOND.

Havana. December fi Joseph De Wyckoff I of Chicago has filed a bond of $500 for his appearance to answer the complaint made i against him by Colonel Michael .1. Dady of Brooklyn, who alleged that De Wyckoff. who was his confidential agent, absconded with a sum of 510,000 which Daily forwarded to him here to secure an option for the construction of water works at Cienfuegos. UNION TO ENGAGE HILL Will Fight Injunction Secured by Potter.

Who Was Expelled Because He Belonged to National Guard. Schenectady. N. December ii According to an official of Local No. i2.

Brotherhood of Painters. Decorators and Paper Hangers of America, former Governor David B. Hill is to tie retained by that organiza lion in its endeavor to maintain its stand with regard to the case of William Potter, whose expulsion followed his refusal to retire from the National Guard of the state, when ordered to do so by his union. The union held a meeting last evening and the injunction obtained by Potter, a copy of which had been served on Frank ('. Sheffcr.

the president of the union, yesterday afternoon, was discussed. It was decided to ai.se the sum of $1,000 among the members of the union to fight the case on the part of the organization. An anneal for aid will be issued to the members of the other trades unions of this city, and it. is expected lhat several thousands of dollars can be secured with which to prosecute the defense. The officials of the Trades Assembly when seen to day declined to discuss the probable action that body with regard to the defense of the Painters' Union, but.

it is learned that the cabinet of that body is practically a unit in favor of united action on the part of the local unions looking to the backing up the expulsion of Potter. STEAMER SAXON BURNED. One Fireman Drowned and Three Overcome by Smoke Ship a Total Loss. Ptn. idelphia.

I I cunnei On fireman was drowned and three others were taken to a hospital, overcome by smoke, as the result of the fire which broke out on the Boston and Philadelphia Steamship Company's steamship Saxon early this morning. The steamship lies In 25 feet of water at the foot of Pine street, burned to the water's edge. The dead fireman is V. M. Seville, who went into the hold of the vessel to fight the flames.

Before be could reach the deck of the Saxon the vessel gave a lurch and Seville was caught in the rush of water and row net! I itrnn nnii The loss on the Saxon is about $50,000. Shu came in yesterday afternoon ami had discharged nearly all of her cargo. The Saxon was on the regular line be twen Philadelphia. Providence and Fall River. She was built in 1S2 and had a net tonnage of and a gross tonnage of 1.203 tons.

She was 200 feet long. 30 feet beam and IN 'A feci. deep. The Saxon was owned bv the "Boston and Philadelphia Steamship Company, with headquarters in Boston. INDIANS IN POLITICAL ROW.

Mix Up of Election in Seneca Nation Causes Bitter Feeling Rochester, N. December The Seneca Nation of Indians is mixed up in a row over the recent biennial election held on the Cattaraugus and Allegany Reservations. At the time it was announcer! that there was a big contest on between two factions, the People's party or anti Hoag faction and the Hi.iig or Republican ticket. The election was carried on on both reservations, but Ihe regular inspector on the Cattaraugus Reservation refused to act. and the polls were not opened until 3 P.

when other inspectors were sworn in. The clerk of the Seneca Nation claims that the inspectors neglccvd to file with him a certificate showing the number of votes east. The inspectors claim lhat the certificate was mailed to the clerk on ihe morning of No veimber 5. The inspectors refuse to make another certificate and the National Board of Canvassers cannot make a canvess of the vote on the two rcservat ions and announce the result. The old officers are to hold office until their are elected.

EGENTS' PROCEEDINGS. iSpecial to the Ragle. I Albany. Dei ember fi Al their mooting this week the Regents of the I'niversity granterl limited charier to the York School of Journalism, situated in Brooklyn, with powr lo issue $5,000 capital stock. A pro i i I i I Physicians Say He Passed the Night Without Alarming Symptoms.

Washington, December 6 Ex Speaker Reed's physicians this morning issued the following bulletin: I "Mr. Reed passed the night without the I supervention of alarming symptoms. Slept during the greater portion of the night, but I was unable to retain nourishment satisfactorily. Pulse, S8; temperature, 98 3 res piration, 34." ODELL'S PLURALITY, 8,803. Albany.

December 6 The total vote of the state at the last election has been received by the Secretary of State from every county. It shows a plurality in the state for Governor Odell of S.803. The figures are: Odell. Coler, 650,347. LIGHTSHIP ADRIFT.

Eire Island Boat Broke Her Moorings in the Gale Now at Tomp kinsville. (Special to the Eagle.) Fire Island. L. December 6 During the gale of yesterday the lightship off' Fire Island, which is located nine miles due south from the lighthouse, broke from her moorings and drifted west before the gale. She was soon brought under control.

however, and is now at the wharf at Tomkins ville, Staten Island, and will shortly return I to her station at the beach. No damage of any consequence was done to the vessel. SHOT AT A LABOR MEETING. Albert Connolly Dangerously Wounded. Tames Hayes of Brooklyn, Under Arrest.

Had Four Bullets. One man was seriously wounded and a score of others were badly bruised and beaten in a small riot that followed a meeting of the Ironworkers and Bridgemen's Union at Maennerchor Hall. Fifty sixth street, near Third avenue. Manhattan, last night. During the free fight, engaged in by over 200 men, many shots were fired and one of the members, Albert Connolly.

32 years old, of 512 Tenth avenue, Manhattan, was shot the side. He was taken to me Flower Hospital, where it is said that his wound is serious. The fight is said to have started over an argument between several members of the nomination of one of the members for the office of president. The police arrested five men and called a patrol wagon. Sergeant Brennan and his men had cleared the hall and were about to leave with their prisoners when the sergeant heard that there was a man lying wounded in a saloon at the northeast corner of Fifty sixth street and Third avenue.

Going to the saloon ho found Connolly lying on a table in the rear room and bleeding from a bullet wound in his side. The man was groaning and appeared to be in great pain. Sergeant Brennan summoned an ambulance from the Flower Hospital and theman was examined by Dr. Quick, the surgeon, who said that the wound was 3erious and was made from a bul lent out of a caliber pistol. Connolly was hurried to the hospital.

One of the prisoners. James Hayes, 32 years old, of 874 Driggs avenue. Brooklyn, was badly cut about the face and head and hands. When searched he had four .38 caliber bullet cartridges in his pocket, but no revolver. Policeman Bullman said that he saw Hayes with a revolver in his hand.

At the station house Hayes told the sergeant that when the trouble started he tried to act as peacemaker. He succeeded in separating two men. he said, but was jumped on by others and knocked to the ground. Then he said that a general fight followed and he was so badly used up that he hardly knew what happened. When he was asked if he had fired any shots Hayes said: "I hardly know what I did except to protect myself." Haye3' wounds were very painful and were dressed at the station house by Dr.

Quick of the Flower Hospital. 'The prisoners were then taken to cells. Hayes was taken to the Flower Hospital early this morning, but Connolly could not identify him as the man who had shot him. The five members of the union who were arrested last night, charged with being connected with the shooting, were arraigned in the Yorkville court this morning. All denied that they had done the shooting, but were held by Magistrate Crane in $1,000 bail for examination on Monday.

James Hayes is tall and muscular, has a kindly face and for some time was employed on the new Eastern District bridge, where he was greatly liked by the men under him. He left some time ago and secured employment as a sort of fireman on the new Manhattan tunnel and was engaged in the neighborhood of Seventieth street. He bad been boarding at the home of Mrs. Agnes Higgins. 874 Driggs avenue, this borough, for about three months past, and was well liked there.

He had not worked yesterday, according to statements made by inmates of the boarding house this morning, owing to the storm. He. however, after supper, left the house explaining that it was his intention to attend the regular meeting of his union. He was dressed in his rough working shirt and had left in an apparently good humor. It was also stated at the hou3e that, he was a man who never gave an exhibition of anger and that he must have been fiercely attacked and greatly provoked before he resorted to firearms.

He was known to be a particularly kind hearted fellow and never as a rule carried a revolver. SAID HE FELL INTO WELL. Imaginative Italian's Sfory Was Doubted. by Cop and Giuseppe Tribezio. 38 years old.

of East Forty first street, near Clarkson. was found late last night alongside of a well n't nis premises suffering from a scalp wound arid contusions of the hand and knee. Giuseppe, with a wealth of dramatic effect, explained to Patrolman Hayden and an ambulance surgeon how he 'had fallen to the bottom ot the well, which is 45 feet deep, and half filled with water. The policeman and surgeon were a bit skeptical, the more so as Giuseppe's clothing was entirely dry. They did not contradict the loquacious Italian, however, but lent a band in attending to his injuries, which were not of a necessarily, serious mature.

SCOTCH COAL OFFERED TO CITY. A Manhattan coal concern to day offered to sell C50 tons of Scotch anthracite to the Department of Public Works of this borough for $0.30 a ton. 2,240 pounds to the ton. The coal is now in the pockets of the firm at the foot of North Eighth street. 'A representative of the firm said that, while the coal is not as hard as anthracite.

It has given general satisfaction to those who have used it. He said" his firm has sold considerable of the coal to the Board of Education and to private corporations. HEAD OF PUBLIC SCHOOLS RESIGNS Rochester. December At a meeting of the Board of Education yesterday Charles B. Gilbert.

Superintendent of Public Schools, resigned. Edward R. Shaw, dean of the School of Pedagogy, University of New York was elected to nil the vacancy. Be Clieerfnl. Dewar't Scotch whiskey clears away the iiiegrima.

Four Cars Destroyed by Fire Engine Goes Down Embankment. Plainfield. N. December 6 The tracks of the Central Railroad of New Jersey at Westfield were partly blocked for some hours to day In consequence of a rear end collision between two freight trains. The engineer and fireman of the second train jumped when they saw that an accident was unavoidable and saved their lives.

The first train loaded with coal, was standing on the track when the second train, which was loaded with coke, smashed into it. Engineer Olesen says that the signals were not set against him. The engine of the second train mounted the caboose at the rear of the first train and then turnod over and went down a five foot embankment. The caboose of the first train caught fire and the flames spread to the cars ahead, four of which were destroyed. BRAVE BOY SAVES FATHER.

Eight Year Old Son of Watchman Rogers Rescues His Parent From Almost Certain Death. (Special to the Eagle.) Sayville, L. December 6 George Rogers of Bayport, watchman for the Lewis Oyster Company, had an exciting experience Thursday night while on board his watch, boat. He had sailed over the oyster beds to see that no oyster thieves were about, and was returning in his sloop to the beach. It was very dark and snowing.

The wind was blowing a gale. In caating his anchor overboard the line caught around the man's ankle, forming two half hitches. The force of the dragging anchor threw Rogers violently to the deck and he waB being carried overboard. As he was sliding over the side qf the boat he grasped the rigging and caught the peak halyard. The full force of the boat, which was still dragging the anchor, was pulling on Rogers' leg.

and he was only keeping himself on board by his grip on the halyard. Rogers called to his 8 ycar old son, who was asleep in the cabin. The boy heard his father's first cry and came on deck, but did not realize his father's pitiful situation. He cried to the boy to get an ax and cut the rope, which the boy succeeded in doing. He was compelled to crawl out on the icy stay of the bowsprit and cut the rope with one hand, while with the other he held fast to the ice covered halyards.

Then Rogers crawled aboard quite exhausted. This morning the Lone Hill lifesaving crew suspected from the position of the boat that something was wrong. They went around to where the boat lay and found the watchman suffering from a badly sprained ankle. Ho was taken to the station and later brought to the mainland. The accident wag a close call for Rogers, for had he gone overboard with the cable fastened to his ankle he would have been drowned.

DRANK CARBOLIC ACID. Suicide of Mary Rogers Believed to Be Result of ReY'feious Mania. Mary Rogers, 20 years old. who lived with her parents at 189 Vanderbllt avenue, committed suicide at an early hour this morning at her home by taking carbolic acid. Shortly after 7 o'clock the young woman was found to be ill.

and physicians were summoned. When Dr. Stivers, 303 Vander biit avenue, and Ambulauce Surgeon Smith, of the Brooklyn Hospital, arrived, they said Miss Rogers was dead. The young woman had been suffering from religious mania for some time past. She was supposed to be perfectty harmless, and had never been violent in her actions.

She had had no love affair, and so far as was known had not made any previous attempts on her life. How she got the poison is unknown. WIFE ALLEGES ABANDONMENT. Mrs. Crane Causes Husband's Arrest A Fellow Boarder Figures Prominently in the Case.

Henry Crane, 32 years old. a clerk in the employ of the Kings County Gas and Illuminating Company at New Utrecht avenue and Fifty firth street. Blytbebourne, was before Magistrate Steers in the Coney Island court this morning to answer a complaint made against him by his wife. Elizabeth, who charges him with abandoning her. Crane was accompanied to court by bis counsel.

Ernest. P. Seelman. and Magistrate Steers set the case down for a further hearing on Tuesday next. The Cranes have five children and formerly lived in a handsome house on Fort Hamilton parkway, near Sixty fifth street.

According to the story heard by a reporter for the Eagle this morning Crane went home last Friday evening and found his home deserted. He further learned, it Is said, that bis wife was boarding at 745 Fifty ninth street. He was much surprised yesterday afternoon when he heard that, a warrant had been issued for his arrest and immediately communicated with Iii 3 counsel, who advised him to surrender in the Coney Island court this morning, rather than have the warrant served. It is said that Mrs. Crane, accompanied by one Alfred White, who is also a boarder at the address in Fifty ninth street, went 'o the theater last Friday night and that fact is known by the husband and counsel.

Neither Mr. nor Mr. Crane desired to say anything about their troubles this morning and it was inferred that a large part of the evidence will be kept from the court, if possible. It was said at Coney Island this morning that White accompanied Mrs. Crane to court yesterday when she applied for a warrant.

The children are with the father, who will not say where they arc Iiviug. ONLY ONE BID RECEIVED. Likely, However, That the Contractor Will Get the Job. Bids for the removal of snow and ice from the Borough of Manhattan under the new plans devised by Commissioner Woodbury of the Department of Street Cleaning were opened at the department this morning. The bids received before were thrown our.

as the Commissioner believed that they were excessive. There was but one bid this morning of 25 cents per cubic yard, from William Bradley. This is 5 cents less than the lnsi bid received. Owing to the presence of the cold weather and the necessity for preparing for the removal of tin' snow, it is highly probable that the hid will be accepted. Commissioner Woodbury was not present when the bids were opened, so no official announcement was made.

A MASONIC TEMPLE DESTROYED. Laconia. N. December 6 The Masonic Temple was burned this morning, following a terrific explosion that wrecked the structure. The loss is $125,000 and Is almost, total to the occupants.

The explosion hurled fragments of iron a quarter of a mile and sent bricks and timbers through wooden structures 400 feet away. President Fornes Causes aGerr eral Notice to Be Sent to All the Aldermen. FRANCHISE CHANCES SUM. The Tammany Delegation Is Expected to Go Almost Solidly Against the Scheme. The habitual, "dodgers" in the Board of Aldermen have trouble evading a vote on the Pennsylvania tunnel franchise next week.

None of them will be able to excuse an absence from Tuesday's meeting, except upon very clear and explicit grounds, after the receipt, of the following letter, a copy of which was sent our. yesterday afternoon to each member of the board by direction of President Fornes: City Clerk's Office. New York City, December 3. 1902. Dear Sir President Fornes directs me to urge upon the members of the board the importance of their being present at the meeting on Tuesday next, the 9th inst.

The committee on railroads will, in all probability, report its findings in the matter of the Pennsylvania tunnel franchise at that meeting and a full attendance of the members of the board is urgently requested in order that this very important subject may receive the most careful consideration. Yours truly, P. J. SCULLY, City Clerk. No Alderman or Borough President can successfully plead ignorance of the importance of the meeting or lack of knowledge as to the Pennsylvania tunnel project.

The members of the railroad committee, after their secret meeting last Wednesday, declared that they would surely report next Tuesday. They are to meet again Monday to sign the reports. It was asserted to day that Chairman Diemer and Alderman Downing, both Brooklyn Republicans and members of the committee, had had the riot act read to them yesterday by the Kings County organization leaders and to vote for the franchise as it stands. Alderman Downing is Dady's man. and is expected to go the way Dady directs.

The doughty Colonel had him button holed before last Wednesday's meeting. Ex Police Commissioner Phillips was also in the corner with them. The Tammany Aldermen still stand out, and are expected to go almost solidly against it in their efforts to win the continued approval of the labor element. The only Tammany man in favor of the franchise that is, openly so is Alderman Owens, who was one of the ten who voted for it originally. Tammany cares little for the opinion of the great commercial and business bodies who have, come out strongly in favor of this franchise, but is solicitous of keeping friendly with organized labor.

The 'lammany men reason that such organizations as the Chamber of Commerce, the Manufacturers' Association, the Merchants' Association and the Board of Trade and Transportation are always arrayed against Tammany, anyway, while organized labor can sometimes be held to it by being favored. The franchise's chances of passage to day seem slim. Its opponents have many and some conflicting excuses for their attitude. The talk of boodle has, for one thing, angered some of them, and they will oppose the franchise for this, as well as because the Pennsylvania refuses to agree to the labor clauses. Not all the Republicans ean be depended upon to favor the measure.

Alderman Armi tage Matthews, who is Abe Gruber's representative, talks incessantly of the inadequate compensation agreed to and the unsatisfactory form of the contract. In fact, every alderman who has his special and particular reasons for opposition is equipped with a mouthful of reasons that he can voice. Then, too, the Pennsylvania's announcement early in the proceedings that it did not intend to submit to blackmail is remembered. TRUANT OFFICERS ASSIGNED. District Superintendents to Be Responsible Hereafter for Truancy in Their Bailiwicks.

City Superintendent William II. Maxwell announced this morning that he had assigned the truant officers throughout the to separate districts and that hereafter the district superintendent, would be responsible for the truancy in their respective districts. Each truant, officer will take charge in the two districts under each of the district, superintendents. The district superintendents will receive all reports of truancy in their districts and will assign the truant officer to gather in the guilty scholars. Associate Superintendent.

Hubbard Yetman will continue to have general supervision over all of the attendance officers. Soon after the reorganization of the Board of Education in February last Dr. Maxwell placed Superintendent Yetman In charge of the attendance officers. He devised a plan of apportioning the officers to different neighborhoods. Meetings were held weekly in Brooklyn Monday afternoon and plans for the coming week were discussed.

All cases of truancy were reported to the superintendent, and he assigned the officers to the different, cases. This plan will not he materially altered now. The superinten i dents in the different districts will have a more complete supervision and will be re sopnisble for the truancy in their respective districts. WOULD BE SUICIDE FREED. Sievers Admitted That Family Trouble Caused His Attempt.

John Sievers, 27 years old. of 411 Nineteenth street, the coachman who on Novem ber 20 shot himself in a stable on the premises of his Employer. Daniel Z. Malletl. 480 Ocean avenue, was discharged this morning in the Grant Street Court, where he arraigned on a charge of attempted suicide.

No evidence was presented to substantiate the charge and Magistrate Steers allowed Sievers to go. When found suffering from a bullet wound in the stable. Sievers declared he had been shot, but afterward confessed to the police that he inflicted the wound himself while brooding over family troubles. He has since expressed regret for the act. GAS EXPLOSION CAUSES FIRE.

There was an explosion of gas in the japanning room of the H. W. Johns Company asbestos works, at the foot of Thirty ninth street, yesterday afternoon. There was considerable excitement for a time, but nobody was injured and the flames which resulted were subdued before the damage amounted to more than $250. Save Four Honrn.

The Pennsylvania Itallroiul offers fast service to Chicago. The Pennsylvania Special leavea Foot Fulton St. M. dally. Adv.

Morrison Jury Finds Seller of "Fake Saloons" Guilty After a Long Session. DISTRICT ATTORNEY IS HAPPY. Freely Congratulated by Fiiends on the Result of the Long Trial Before Judge Crane. After a week's trial before a jury in the County Court David Morrison, accused of swindling Otto Kunswt iller of Palmyra. N.

was convicted shortly after midnight litis morning ot' the of larceny in the second degree. The penalty fer ihe crime is an indeterminate sentence not exceeding five years in Siiiti Sine. The defense stel its case shortly after recess yesterday and the incidents leading tin to the return of the jury with verdict at 12:25 o'clock this morning very in ((. resting. General Benjamin V.

summed up for his client, Morrison, after a motion to dis miss made by Lawyer Stephen ('. Baldwin had been dismissed by Judge Crane. Gen eral Tracy begun at 2:30 o'clock mid finished nil hour and a half Inter. By those who his argument it is said lhat it was a tiiastcriy exposition oi tne law anu tie laclb in Hi' case cleverly wrought into a fabric that covered Morrison as a cloak would and made the accused himself positive that he would be acquitted. District Attorney Clarke began to sum up for the prosecution at.

4 o'clock and it was 0:15 o'clock when he finished. He tore to pieces the argument built up by his aged opponent, am! deuouneed as being the head anil front of one of the most desperate and despicable gangs of swindlers that ever infested Brooklyn. When Mr. Clarke finished. Judge Crane took, tin hour to instruct the Jury upon the law in the case and al o'clock it retired While the.

jury discussed the dinner sent it: to it tit the expense of the county they also discussed the evidence in the case and took a vol" in how it. stood. It wits almost unanimous for conviction, but there were one or two who were not quite sure that a case had been made out for the people. In the meantime there was a diuner being given at the Crescent Club in honor of Sheriff Norman S. Dike and Judge Crane.

District Attorney Clarke, General Tracy and Lawyer Stephen C. Baidwin were guests. K5 arrangements were made with tile officers of ihe court that if the jury reached any agreement word should be sent to the Crescent Club for the Judge and counsel to repair to the Court House. Before the guests left the court room, however, the. jury came down from its room for instructions, which were given it by Judge Crane.

While the dinner was in full progress word was scut from the Court House that, everybody connected with the case was wanted and Judge Crane, Mr. Clarke. Lawyer Baldwin and General Tracy hurried over. It was then learned that there was no agreement, but that the jury wanted more instruction. This was given it and at 11:30 o'clock it came down again.

At this time it announced that it could not agree and Judge Crane ordered the keeper to lock it up at midnight it no verdict was reached, but he announced that arrangements had been made by Jiim self and Mr. Clarke and Mr. Baldwin to sleep at the Crescent. Club and to be at. the call of the jury at any time between midnight and morning if it came to an agreement.

At midnight Judge Crane and the counsel 'prepared to leave the Court House and were on their way to the club when a messenger announced that the jury had agreed. All during the evening the friends of Mor Hson, his relatives and' friends of his rela tives had been gathering in the Court House. and at midnight, the crowd almost filled the court room. When the agreement was an nouncr rl Morrison turned to Lawyer Baldwin and smilingly said: "1 am acquitted." When, however, a few minutes later the juryman announcer! a conviction Morrison sat stolidly looking the jurymen over, while his mother and two sisti rs made the court room ring with their weeping. Morrison sat with her husband when the announcement was made and with one wild crv she fainted.

If was some time before the judge could restore order. A motion was immediately made by Lawyer Baldwin for a new trial, but Judge Crane put the matter off until Monday morning, owing to the lateness of the hour. District. Attorney Clarke arrived at, his office this morning at in o'clock and he was immediately surrounded by his staff, who congratulated him upon his victory. For a half hour there was a of visitors to the district attorney's office and these included lawyers, members of the police force and many laymen who have watched the case for the week it.

had been on trial. Mr. Clarke was openly happy over the verdict. To an Eagle reporter In said he considered it the greatest victory the office hatl won in some time. "I cannot help but.

think." he said, "that this verdict will have a. wholesome effect upon the people of Brooklyn, but especially upon t.nat small part ot the community that lives by its wits. It would be unbelievable, if not for the disclosures made. In the trial of Morrison, that in Brooklyn, in this community ot a million and a half of people, a gang such as the one that. Morrison and Shea belonged to.

could exist. Yet. here they have been for five years, and in that time hundreds upon hundreds of innocent people have been systematically swindled by a scheme as cruel as ever devised by human wickedness. "See how skillfully their advertisements were worded. When the victim came on from some country town, see how cleverly they worked the game.

I do not think so much of the depravity of the thief who steals a rich man's gold watch, but these men are hi most dispicablc of swindlers. They got their victim, they found out how much moncy he had. they lured him on to bring his money man. he cenerallv was a married mini willi a family and the gang with devilish ingenuity made use of that to he complains of the swindle, and if he still Ihen to buy him off and send him awav so eannot get. at him.

Whv. jf suo a Ulf, existed in a Western town vigilance committee formed and. without fuss or feathers, the members would be escorted to ihe borders or the town 10 leave and never come back, with herim promise that if they did, they would be hung from the nearest lamppost, differently we do this sort of thing, Here we have a marble court house and tho member of the gang on trial has the benefit 0f eminent, counsel. With Ihe proceeds of bK gang's swindles he can bring to his aid every legal art available to lessen the chances of his conviction, and if the jury last night had set biin down on the sidewalk a free, man nolice force nf the citv would have had no power to make him move on. "I am honestly glad of this conviction.

It will put. an end to this despicable sort ot swindle for many years in Brooklyn." Luxurious and DcliKhtfnl Ever, Tho rldo on the famous Lake Shore Limited of th New York Central betweon New Tork ud Chloncoi Adv. He Bought Sal Ammoniac, but There Is No Evidence Whatever That He Swallowed It. IT IS NOT A POTENT POISON. Dr.

Wuest, the Coroner's Physician, Says the Stuff That Killed Leyh Was Very Powerful. The police are quite willing to accept Ihe theory of suicide in the Lehy case, although Captain Short and his men were aided to day in their further investigations into the circumstances surrounding the death of the aged trussmaker of Broadway by Detective Sergeants Miller and Donlin of Ihe headquarters squad. It is much easier for the authorities to adopt the theory of suicide than to carry on further troublesome investigations, inasmuch as Inspector Drtihan today reported to Inspector P. H. McLaughlin, who has charge of the uniformed force, that there wa sno proof of murder and that no arrests had been made.

The fact that old Leyh secured about a pound of sal ammoniac from Joseph A. Baltzer, an electrician of 151 Broadway, on the day of hi sdeath. and that at the time he got it he asked Mr. Baltzer if it was poison, and was answered In the affirmative, was discovered by the police yesterday. Mr.

Baltzer says that he gave the stuff to Leyh without making any charge for it. Mrs. George Leyh. the wife of the dead man's Is not inclined to believe this story of the electrician's, for she declares that her father in law always paid for what he got and would not accept a present of the sal ammoniac from the man. Nor does Mrs.

Leyh think that her father in law committed suicide. She has a very well defined idea that he was murdered and she is not at all slow to give the name of the person she suspects. "I have no knowledge concerning this ease further than has already been made public." she said this morning, "bin Mr. Leyh did not commit suicide. The poison, whatever it was, was put in his beer by some one else.

Of that we are certain. There was plenty of poison in the store, but my father in law did not bother about the bottles of chemicals that were In the place." Sal ammoniac is not considered poisonous in the usual sense, although, of course, enough of it would kill. But there was surely not enough of the salt in the beer to kill even a man of Leyh's age so quickly. Common salt is a rank poison if taken in sufficient auantlty and there are cases known where salt lcll! hour. after it was taken.

Sal ammoniac has just about the same degree of activity as a toxic agent as ccamon salt and persons who arc acquainted with the facts in the Leyh case do not imagine that this was the drug which led to his sudden and tragic death. Dr. Wuest, the physician who made the post mortem examination, declared to day that he was sure that the agent of death was most potent and he does not believe that sal ammoniac was the drug used. According to Dr. Wuest.

it was more likely to hava been cyanide of potassium. This is quick in action, but its poisonous activity might have been delayed by the fact that Mr. Leyh had eaten generously not long before he took the fatal dose. Miss Isabella Leyh made a long statement to Police Inspector Druhan late yesterday afternoon and in the course of her story site said that her father had eaten freely of sauerkraut thai morning. He had complained oi being hungry and she had prepared a dish of sauerkraut for him.

She was also about to prepare a bowl of beer tea at his request, but he ate Ihe sauerkraut, instead. She declared that, she saw him pour out a glass of beer from a bottle at about o'clock that morning. It tasted bitter and he poured It down t.ie sink and rinsed out. the glass. Miss Levh corroborates the boy Westpbal in telling 'this story, for Westphal also declared that it was when the old man tried his first glass ot bad beer and had poured it out.

The statements of the boy. while varying occasionally as to special details, agree as to their general facts. And it is on the boy's story that, the theory of murder finds its strongest basis. If Mr. Leyb had intended to kill himself he would not.

have taken so much trouble about the matter. Nor would he had atiked the boy to taste of the beer he had himself poisoned with suicidal intent. It is not likely that h. would have put the poison, had he designed to kill himself, into the beer bottle, for this would have involved a tedious job. The neck of beer bottle is narrow and it would have taken the old man a long time to stuff all the poison, whatever it was.

into the receptacle. There is still about half an inch of the deposit, in the fatal bottle of beer and this has been handed over to the coroner rot analysis. Again, it' Mr. I.eyh hail Intended to kill himself, it is not at all probable that he would have com: outside of the store to get poison. There were several potent and quick acting toxic agents on the shelves in front of the store, including, as has been pointed out.

the deadly cyanide of potassium and bisulphide of mercury. Nothing definite will be known of the agency which caused the old man's deatlt until the chemist, who is making the analysis of the contents of the man's stomach has completed his work. Coroner Williams has declined to give the name of the man who Is making the analysis, on the ground that he does not waul to have the work interfered with by newspaper men. but it is understood that, the result of the analysis will he made public as socn as it Is reached. The portions of the old man's intestines which are in the hands of the chemist show beyonu doubt that death was due to some violent.

Irritant and this is what leads Dr. Wuest. the post mortem examiner, to believe that it. was something vastly more potent, in toxic activity than sal ammoniac which caused his death. Indeed.

Dr. Wuest. intimates that the theory that sal ammoniac was the agent of death is preposterous. He does indicate, though, thai there was an ammoniacal odor when the post mortem was made, a very faint odor of ammonia at that, anil scarcely noticeable. The suggestion had been made thdt probably the activity ot the poison employed was accelerated by the fact that Mr.

Leyh was an old man and that, he might have had a weak heart. His daughter in law said this morning that Mr. Leyh was not constitutionally weak and that, so far as she knew, his heart was remarkably sound for a man of his age. She does not credit, any theory of suicide, for she declares that while the old man had been ted by the death of his wife he was not suicidally inclined. Nor was he tipsy, as has been allesed.

on the day of the tragedy he was not in any way melancholy. Mr. Leyh was not so wealthy as had been rumored and it is believed that the entire amount of his estate will not reach much over $75,000. Leyh indicated this morning that, no effort had been made so fur to ascertain if ho had left a will, but it is believed in the family that he let'i his affairs in such shape that there will be no trouble over the disposition of the property. He was methodical in matters of business, although of late lie hud developed a degree of peevishness that sometimes drove customers from the store.

The date for the inquest has not as yet been fixed, but Coroner Williams will hold Pliwky Mrs. Mary E. Heath Kept Him Till Policeman Came to Make Arrest. MID DAY INVASION OF HOUSE. Tine Residence at 167 Washington Park Entered Prisoner Only 24 Hours Out of Jail.

A colored burglar was caught in a trap of his own making at noon yesterday by ageous little woman, who held on to him until a policeman was summoned and arrested him. The man, according to his own statement, had been out of prison less than twenty four hour's. He was released on Thursday and at Friday noon. he was again in custody. The house where the alleged burglary took place, 167 Washington nark, is situated in one of the most aristocratic neighborhoods of the Hill section.

It is a private house, an elegant three story and attic brown stone structure facing. Fort Greene Park, between Myrtle and Willougbby avenues. In some way the basement door was left open yesterday noon, it is thought through the carelessness of a grocer's boy. Just at that time a young colored man who later on gave his name as Neil Roberts and said that he lived at 153 West Fifty third street, Manhattan, came along and slipped into the houae. In the course of his explorations he managed to get up stairs without being observed.

On teaching the second floor he. it is supposed, forced a door leading from the front room into another room. Then he proceeded to. make himself perfectly at home, Judging lreui the appearance ot the apartment when a subsequent examination was made. After taking such portable articles he could select in the hur.

the moment, he 'started down stairs. 'i he young man reckoned without his host or, rather, without his hostess, for as he was carelully picking his way down to the parlor floor he was stopped by Mrs. Mary Heath, the owner oi the house. Mrs. Heath is a small woman in stature, but as plucky as the pluckiest.

It made but little difference to her at the time whether she stopped a giant or a dwarf. The man was a stranger to her and he had no business to be in her house. She asked him what he was doing there and he gave an unsatisfactory reply. Then she drew the brass lock and chain on the front hall door which was put there as an additional means of safety against unwelcome visitors and the young colored man was caught as neatly in a trap as if it had been set for him. After that Mrs.

Heath called to a relative, young Harold Heath, to, go. for a policeman. And as luck would have it. Officer Martin Schnepf was passing in the neighborhood, and on being hailed went to the house with the lad and arrested Roberts. The prisoner, who is 21 years old.

was taken to the Classon avenue station house, where he was searched. According to Captain Sylvester D. Baldwin, of the Fifty sixth Precinct, the man'had a diamond pin, studs, a pair' of. spectacles, a pair of kid gloves, a lot of coins, a pocketbook containing money and other articles, valued in all at $75. When Inquiry was' made by the Brooklyn police at the Manhattan address given by Roberts they were informed that there was no one answering the young man's description at that place.

The prisoner is a copper colored young fellow, rather stockily built and somewhat apathetic In manner. He told Captain Baldwin that he released from Black well's Isiand on Thursday, where he had been serving a years' imprisonment, for burglary. In fact, he had not been twenty four hours out of prison before he was rearrested. The speciflce charge on which Roberts was arraigned before Magistrate Naumer, in the Myrtle avenue court to day. was burglary, and the articles which he was accused of taking were enumerated as follows: Diamojid stick pin, a pocket book and a pair of eyeglasses valued in all at $28.

The accused acted in a very indifferent way when asked what he had to say regarding the charge, yawned several times and informed Magistrate Xaumer that he was ready for examination whenever it suited the convenience of the court. Shortly after this he concluded that he would waive examination and was held in $1,000 baii for the Grand Jury. When Mrs. Heath was asked by an Eagle reporter to tell the story of her courageous capture oi the prisoner she said that her nerves were somewhat unstrung and that she was to ill to talk. She added that the entire matter was in the hands of the police.

CROWDS OUT TO SEE GAME. Poly Prep Team Has Slight Advantage in Weight Over Hyde Park. Chicago, December 6 Thousands of spectators, the majority of them school boys, gathered on Marshall Field this afternoon to witness the foot ball game between Hyde Park High School and the Brooklyn Polytechnic Preparatory School. As Poly is regarded as at least the equal, if not the superior, of other Eastern teams of its class and the Hyde Park squad undeniably the best in the West, the advertisement that the game was "between the East and the West for the high school championship" was accepted as justified. The average weight of the Brooklyn team was 154 3 11 pounds, while the Chicago boys weighed on the average 149 9 11.

Brooklyn's canter trio had many pounds the advantage of the locals, but the latter had a Similar advantage in the baekfleld nr the ends. The line up: Hvdr? Park. Position. Poly Prep. H.

McKtlllp Left nd G'. Hushes Knorr Left Bennett McCauley Left eruard Crane Hacker Ce.nter Ftarcer guard Lelpluon If. Hammond Right tackle Thayer W. McKIUtp Rlsnt end Lane Kckeraull Quarter back Shea Wolf P.lght hair back Warner Rimsoni Left half back. Montague r.

Hammond Full back Mulvlhlll leapt.) 1'mj. Ire Everts Referee Walter McOor imick. Head linesman Joe Hazen. PELL ALMOST UNDER TRAIN. Sylvester J.

Whalen, of 681 Sterling place, foreman of the linemen of (he New York Telephone Company, attempted this morning to heard the Brighton Bench train at the Park place station of the. Kings County elevated road, when he slipped and fell almost under the wheels of th train. Bystanders expected to see him ground to pieces, but be crouched between the station platform and the rails and escaped without a scratch. SLOOP EDITH WRECKED. (Special to the Eagle.) Sag Harbar.

L. December 6 The sloop Edith, 50 tons burden, owned by Captain Hil dteth, went ashore off this place In yesterday's storm, but it Is thoucrht that she may be saved in a damaged condition. To C'IilenK In 2 Honrs Via the Pennsylvania Special. Leaves New Vork tvery day 'n the year. Accommodations without peer.

Adv. I visonal Itlirary cnarter was granterl to lie xvuh him and then i hev took his last dollar, East itor knway Free Library. From the; the monev he had been saving for vears, nominees ol the New York Slate lrinary I and placed him in a position where he had Medical Society Dr. K. B.

Hpr kerman over again iirooaiyn was appointed to nil me vacancy eausorl liy ihe resignation ol Dr. borne. I L. Kil keep the victim from telling the police of JUP.Y DISAGREES A SECOND TIME, i his loss, has been a hard matter to get. Th" jnrv in the action of Miohael Diamond I evidence that would warrant the bringing against the Xetherland and American Steam I "I an indiciraent against any of the members rif ilits gang, so cleverly have they covered boal Company, which was tried yesterday he tr icks fore Judge Edward B.

Thomae In the United case they have followed the same Slates Circuit curt, disagreed after several To pIai.c victim in such a po hours of deliberation and the case was dis hl. missed, pending further action. This is the i snconri time mat a jury lui.eu to reacn a decision the same case The action was to recover $20 000 carnages for personal injuries alleged to havcjwenjuiffercd by the plainttiT. VIOLATED LIQUOR LAW. to the igle I Mbanv December State Commissioner of Excise Cullinan reports that orders have; been granted by Justice Marean of the Su pi mr Court, revoking the liquor lax cent I ficates issued to Charles Miller and Paul R.

Schmidt for traffic in liquor at Coney Island. they having violated the liquor tax law by selling liquors on Sunday. FORMER JAMAICA MAN KILLED. Highland N. December 0 Charles Shelton and a man named Johnson, employed in the construction of the West Shore tunnel, at Fort Montgomery, were instantly killed to day by a premature blast.

Shelton formerly resided at Jamaica, L. and leaves a wife and son. Johnson lived in Pennsylvania. I..