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

ffB 9" 1901 BROOKLYN iY EAGLE. In UJ tS f4i NEW YORK, FRIDAY, FEBRUARY 8, 1901. VOL. 61. NO.

38. 18 PAGES. COPYRIGHT, 10L BY THE BROOKLYN DAILY EAGLE. THREE CENTS. FOUR O'CLOCK.

TH SUE TIE ESTATE YALE REPUDIATES WORK FEITNER IS II TRUSTEE been alone "in the Bingham House on Wednesday evening when Mr. Kaltenborn forced his way in. I am almost prostrated over the affair," said Mrs. Kaltenborn, "and I want to KALTENBOBUi WILL SUE HIS WIFE FOR DIVORCE. 60,000 BOER REFUGEES.

Pretoria, February 8 The Boer refugee camps are now administered by civilians. The refugees now total, approximately, 60,000 men. PLAQUE CASES AT CAPE TOWN. Cape Town, February 8 According to official diagnosis, two cases of bubonic plague are known to exist here. KENNEDY TRIAL ADJOTJENED.

The Kennedy murder trial was adjourned this morning until 10:30 A. M. Monday. The reason for the adjournment was that few witnesses were present and there could have been only a brief session at best to day. KILLED BY A PALL.

John Auchinlech, 29 years old, ot 1.751 Park avenue, fell from the fifth to thp first floor of the new ten story building, a 671 Madison avenue, Manhattan, this morning and was killed. The man was working on the fifth floor as a lather. OF THOMAS G. SHEARMAN Theodore Nye and Mrs. Toppin Seek to Recover Their Interest in a Trust Fund.

MR. SHEARMAN MANAGED IT. They Received a Share for Nine Yeaxgj Since Then the Interest Was Paid to Other Heirs. Theodore Nye of 152 Lefferts place, a flour dealer on the Produce Exchange, and his sister, Mrs. J.

Topping of 72 Columbia Heights, say they have instructed their attorneys, Remsen Parsons, of 69 Wall street, to begin suit against the estate of Thomas G. Shearman to recover their interest In a trust fund of $20,000, which was under the adminlsration of the late Mr. Shearman. The suit was to have been filed yesterday, bnt the attorneys to day said that it had not yet been brought. Mr.

Nye and Mrs. Topping both expect Immediate action. The statements made by Mrs. Topping and Mr. Nye are rather unusual.

They claim that their sister. Sarah, who married William Shearman, a brother of Thomas G. Shearman, and who died as his widow In Salt Lake City eleven years ago, left a trust fund of $20,000 for the benefit of her brother and three sisters. The beneficiaries from this fund wero Theodore Nye, Mrs. Topping, Mrs.

CharlM R. Gilbert of 170 State street and Elizabeth K. Nye of 170 State street. Thomas G. Shearman and Lizzie R.

Nye were named as trustees of the fund. Mr. Shearman was understood to have the full management of the trust. For nine years, according to Mrs. Topping and Mr.

Nye, Thomas G. Shearman paid to them their part of the interest on the $20, 000. Then, it is claimed, the payment was stopped, and that letters were received from Mr. Shearman notifying them that the fund did not exist. Mrs.

Topping was then living in Portland, Ore. She says she was startled to receive this information and was surprised that Mr. Shearman made no attempt at explanation. She knew the fund had existed, because she had been receiving an interest from it, and she could not understand how it had suddenly dropped out of existence. She says tho only explanation she received waB from U2 zie Nye, the co trustee, who wrote and begged her to sign papers releasing Mr.

Shearman from responsibility, saying that he had lost heavily and that she and Mrs. Gilbert were satisfied to let the matter go. This did not satisfy Mrs. Topping, who Bays she learned that Mr. Shearman had lost heavily in speculation.

Theodore Nye says he got no better satisfaction than did Mra. Topping. He agreed to take no action. Mrs. Topping says that Miss Nye was all the time an earnest defender of Mr.

Shearman and a devoted admirer of his in Plymouth Chusch. Last fall Mrs. Topping moved here from Portland and took apartments with her hua band at the Water View apartments, on Columbia heights, close to the Shearman residence. She waited patiently for the return of Mr. Shearman from Europe.

When Mr. Shearman did return he was very ill and in a few days an operation had to be performed, which was followed by his death. She did not see him at any time. Mrs. Topping and her brother are now determined to have somo explanation of where the fund has gone.

Mrs. Topping says it wao to have gone to her children. Miss Nye when seen at ber home this morning said that sh and Mrs. Gilbert were thoroughly satisfied with the explanation given them by Mr. Shearman.

"Mr. Shearman did lose heavily," said Miia Nye. "I don't know how be lost. I can't tell you anything about this case, except that Mr. Shearman did explain the whole matter to us and I believe he explained it to Mrs.

Topping in a letter, but she toid me she always burned his letters without reading them. brother and sister had ample opportunity during the lifetime of Mr. Shearmaa tc get an explanation of this case, and I am surprised that they are bringing this suit. Mr. Shearman certainly was protected by law in everything he did, and I am sure that if you will see Mr.

Sterling, tbe executor of the Shearman estate, you will find that the whole matter Is all right." Lawyer John W. Sterling, the former law partner of Thomas G. Shearman of 44 Wall street, said that there Is nothing in the caee except, a family difference. "Mr. Shearman was made a trustee of this fund by his sisler iii law." said Mr.

Sterling, "ani in her will he was authorized to use his discretion in distributing the interest on tho fund. He did use this discretion and for nine years divided the Interest, equally among the four members of the Nye family. Then he decided to use his discretion in the further distriitut Ion of tb. income ami give it all to Mrs. Gilbert Miss Nye, the other trustee.

"No. I don't know why he decided to cut off Mrs. Topping and Mr. Nye. I guess he thought they were well able to live without the money and that.

Mrs. Gilbert was poor. "The fund is now in existence and has never been misused. Tbe losses of Mr. Shearman had nothing at all to do with this.

What hi did was under the authority of the will that left this fund. it. is simply a qupstioa in law as to whether or not. Mr. Shearmau, after paying the interest to Mrs.

Topping and I Mr. Nye for nine years, was then jufi Lined in stopping payment to them." NEW ROADS FOR UNION PACIFIC. Control of Leading Colorado BnilroadB Said to Have Been Secured. Denver, February Th" Nows prints the following thl3 morning. According to an.

authoritative report, the sam interests that control the Union Parlllo secured control ot all the leading rnlltyo of Colorado. Tho list Includes the Deniui and Rio Grande, Colorado Midland. Rio inde and Western and Colorado and Southern. If this feat hap been accomplished tbe Union Pacific is to hi' main artery of traffic across the and the lines which have been nar, will be subsidiary to a vast itai system connecting New York and Sun Ktanrieco. The New" glvi Guggenheim, the chairman of the i secutive committee of the American Smelter orupany, as authority for the uliove statem rits and credits htm with the following statement: "I am not a 'allroad man.

but I will say that the same interests which hnve control of the Union Pacific have secured control of the Denver and Rio Grande." I.iiliNylvnla Hnllronil To ChlcRKO and IuIh Is tho lnltla.1 Un ts) Callfornli Through (jt irelnn. A4v. OF HALE STATUE COMMITTEE University Declares Efforts of Graduates to Raise Funds Are Unauthorized. TROUBLE OVER SCULPTORS. Many Brooklyn Men of Prominence on Subscription List Treasurer Flint's Statement.

New Haven, February The au thorities of Yale University to day gave out the following statement: 'Graduates and friends of Yale are warned against an appeal now being circulated from 150 Nassau street. New York, in behalf of a statue of Nathan Hale, to be presented to the university. In so far as this purports to have the sanction of the university, it is unauthorized; in so far as it claims to represent the alumni as a body it is mislead ing. This statement is the outcome of a controversy involving two committees, one raised by the university corporation, the other spontaneously raised by graduates of the university. The "official" committee sanctions the sculptorship of Augustus St.

Gaudens; the "spontaneous" committee favors William Ordway Partridge as the sculptor. It is stated authentically that the unofficial committee has secured the subscription of many of the most prominent of Yale's New York graduates. This dispatch from New Haven is received in New York with some measure of surprise, and places tho committee which has been at work collecting funds for the statue of Nathan Hale in a very peculiar light. Peter Flint of 150 NasBau street, Manhattan, the treasurer of the committee, feels that a great injustice has been done to the body of citizens tnat he represents, and he denies several of the claims made in the statement Issued by the Yale authorities. Mr.

Flint, when seen this afternoon, had this to say: "I was aware that there was some feeling in the matter at Yale. As far as we are aware, however, we knew of no other committee that had the matter of raising funds for the statue of Nathan Hale in hand. Some time ago a committee was appointed by the Yale University to invite models for the statue and also to raise money for that purpose. Mr. Partridge, the sculptor, was asked to submit a model, as was also Mr.

St. Gaudens. "The friends of Mr. Partridge were In the majority, but the friends of St. Gaudens were so strong although in the minority, in favor of the acceptance of him as sculptor, and so determined in their opposition to the acceptance of Mr.

Partridge, that the committee was unable to do anything and was finally disbanded by President Hadley. That was the only committee I know, of that had the matter in charge representing the university. After the disbandment of the university committee a number of the graduates and the friends of the university decided to forward the movement and a committee was appointed to solicit funds for a statue and Mr. Partridge was selected as the sculptor. "This committee has made no statement either that they represented the alumni association of the university, or that the statue would be accepted by the college authorities wben completed.

It was with the understanding, however, that it would be offered to the college, and presented. If it proved agreeable. The committee was formed in October last and since then over seventy people have subscribed their names, and about $3,500 paid in. That is our position in the matter and when the college authorities state that the claim is made that we claim to represent tho alumni association as a body, that is decidedly wrong. A great many members of the alumni association, however, are interested in the work." Some of tho prominent Brooklynites who have already subscribed to the fund are Lieutenant Governor Dr.

W. A. Catlin, Dr. C. H.

Levermore, president of Adelphi College; Charles T. Catlin, William B. Davenport and Dr. O. Matthewson.

Other subscribers to the fund are: Thomas Thacher, '71, president New ork City Yale Club; D. O. Brewer. '56, justice United States Supreme Court; H. B.

Brown, '56, justice United States Supreme Court; C. M. Depew, '56, United States Senator from New York; T. L. Woodruff, '79, Lieutenant Governor of New York; Theo P.

Hall, '56, Detroit, P. N. Welch, '62, Now Haven the Right Rev. S. C.

Partridge, '80, P. E. Bishop, Kioto, Japan; Colonel L. W. Flnlay, Memphis, A.

H. Walker, '56, Bridgeton. Magrane Coxe. '79. New York City; Seth Low, Andrew Carnegie.

V. S. King, '56, St. Louis. Mo.

N. G. Osborne, '80, editor Register, New Haven. the Rev. J.

N. Hallock, D. '57. editor the Christian Work. New York City: .7.

L. Whitney, '56, librarian Public Library, Boston. B. D. Magruder.

'5i. a justice of the Supreme Court of Illinois; Professor J. M. Hoppin, '40. Yale University; H.

F. Dlmmoek. 'H3, agent Metropolitan Steamship Line; Simeon E. Baldwin, '61, Justice Supremo Court. New Haven, George E.

Beers. New Haven, Walter C. Witherbr.e, 'SO, Port Henry, N. Ashbol P. Fitch, ex Controller, New York; Silas Wodell.

Potighkeepsie. N. George A. Adee, '67: Samuel Thorno. '96: William C.

Whitney, A. J. Rteinmnn. '56, Lancaster, A. W.

Harriott, '56, Turks Island, W. I. BODY TO BE EXHUMED. New Evidence in Case of Oyster Bay Constable Tends to Show Foul Play. Oyster Bay.

L. February 8 The body of Game Constable Jacob Abrams, who was found dead on a lounge in his room on Friday morning. February 1, with his face painted with lamp black and gold leaf, will be exhumed to day by District Attorney Niemann, who has secured an order from the Supreme Court directing him to make an autopsy. New evidence has been obtained tending to show that Abrams was a victim of foul play. Abrams tras a simple minded laborer, who was often made the Imlt of practical jokers In the village and on the night, previous to i his death, while he was on tits way nome i from the village stores, he was Invited Into I several saloons that line the roadway of I Oyster Hay Cove, and treated freely to liquor, until he became Intoxicated.

After this his face was painted. ft is the freely expressed opinion about here that AbramK was so heavily dosed with alcohol that he died of alcoholism. At a coroner's inquest held this week, at which Assistant District Attorney John J. i Graham was present, the testimony was con flicting. The American Commune.

I A series oi imcruovm tiuuHou, Eagle Library. No. 60. Price 6 cents. Adv.

OF Part of Whose Property in Long Island City Was Exempted From Taxes Two Years Ago. IS NOT A BURIAL GROUND. Local Authorities Have Never Permitted Its Use as Such Mr. Feitner's Statement. The action of the Department of Taxes and Assessments of the City of New York in taking off of the assessment roll of the city a large tract of land in Long Island City, comprising from 2,000 to 3,000 city lots belonging to Calvary Cemetery, has caused a storm of indignation throughout that borough.

The property was taken from the assessment rolls by the official board, of which Commissioner Thomas L. Feitner is president. Mr. Feitner Is a trustee of the corporation of St. Patrick's Roman Catholic Cathedral in Manhattan and the trustees of the Cathedral are also trustees of the cemetery, which is owned by the church corporation.

The trustees of the Cathedral, so far as can be learned are: Archbishop Corrigan, president; Hugh J. Grant, Thomas L. Feitner, Thomas J. Keveny, James Devlin, Hugh Kelly, Myles Tierney. Thomas H.

Kelly, Stephen Geoghegan, J. Ross Curran and the Rev. M. J. Lavelle, rector.

Permission Never Obtained to Use Land for Cemetery Purposes. The trustees of the cemetery bought the land several years ago for the purposes of a cemetery, but they have never secured the consents of any of the Queens County or city authorities, or of the Legislature, for the use of the plot for the burial of the dead or for cemetery purposes. In fact, an application to the Queens County Board of Supervisors a few years ago was refused. It was said to be highly detrimental to the public interests that such a large tract of land, close to the boundary of Brooklyn and in the heart of Long Island City, should be used for burial purposes. It was also said in opposition that this land was too near the Long Island City Water Works pumping station to make it advisable to use the tract for cemetery purposes.

In spite of the fact that the trustees of the cemetery had no legal right to use the property for burial purposes they made a few burials in the plot and called it a part of their cemetery. It was not learned, however, that the whole tract had been taken from the assessment rolls until the statemeent was made in the Eagle that no taxes had been collected on the property for two years. Cemetery Corporation Is a Wealthy One The Calvary Cemetery Corporation is said to be the richest asmetery corporation in the United States. It owns several large tracts in Newtown in addition to the old cemetery, situated partly in Newtown and partly in Long Island City. Several thousand burials are made in the cemetery every year and the income of the corporation is figured up in the millions.

Lately a move has been made to have Bradley avenue, a much traveled highway, over a hundred years old and over a hundred feet wide, connecting Long Island City and Brooklyn, and seven other streets belonging to the city for thirty years, closed and turned over to the cemetery corporation. These streets border on or bisect the newly purchased cemetery property and cover over 220,000 square feet Of property. On a First Ward map of Queens, newly prepared by Chief Engineer Louis A. Risse, approved by the Board of Public Improvements and now before the Board of Aldermen, all of the above named streets are left out. The matter of the adoption of this map was carried by a majority of the Aldermen last Tuesday, but failed to secure the necessary two thirds vote.

It is to come up before the board again at an early date. The Exemption Was in Due Course of Law, Says Mr. Feitner. President Thomas L. Feitner of the Department of Taxes and Assessments said today regarding the exemption of the tract of land owned by Calvary Cemetery that his board had acted in due course of law upon the application for such exemption made by the cemetery committee of the board of trustees of Calvary.

Mr. Feitnor said: "This commiteo, whose chairman then was the late Cornelius Roilly, made formal application for the exemption of this tract of land, alleging that it had been bought for cemetery purposes and had already been used for a few burials and that the cemetery officials were proceeding to improve it with this end in view." "The courts have held," Mr. Feitner went on to say, "that property devoted to church or cemetery purposes is exempt, and they have ruled that where a beginning has been actually made the property is entitled to such exemption. "Where a church can show it has bought land for church purposes it can secure exemption and the law is the same regarding cemeteries. There have been frequent cases of such exemption.

"Now as to this property, it was bought six years ago, I believe, and has been fenced in by the cemetery people. All along there has been the intention to use it as a part of the cemetery and the streets there were not actually opened, but only laid down on the map. It was part, I understand, of the Hitchcock farm. "When the application for exemption was made, two years ago, the evidence of Calvary's ownership was complete; also its intention regarding it and the board only did what was proper and that which the owner was entitled to have done. If we had refused to exempt it we would have been compelled to reverse ourselves.

"The property has not been taxed Bince then and it is not down on our books for taxation this year. "The written application of the Calvary Cemetery people for exemption Is on file in Queens. I will send over for it. however, that I may show the record itself in Justification of the tax board's action, now that the prooriety of that action has been questioned." Myles Tierney is now chairman of the cemetery committee of the Calvary trustees. He could not be found to day.

American Royalty En Routt. The sovoreiKii citizen of the United States uhcs th Fennsvlvanla Limited between Brooklyn and CMoao. bacauao lral ia 1U eppolntmonta. Adv. deny emphatically that there was anything wrong.

Why, Mr. Engel had his hat and coat on. He was there on business. A friend, a young woman, whose name I do not care to bring into this, had accompanied me to Phil adelphia and had Just left the room. I felt ill and had sent for Mr.

Engel to arrange matters so that I could return home on an early train in the morning. It waa outrage ous for Mr. Kaltenborn to do what he did. "Only Business Relations With Mr. En gel," Says Mrs.

Kaltenborn. Mra Kaltenhorci became demonstrative, her eyes flashed and she stamped her foot on the floor. "To condemn me," she exclaimed, "is like hanging a man on circumstantial evidence. i niatlnnR with Mr. Eneel never have been will be anything but that of a business character.

It had been his custom to call frequently at my house even before Mr. Kaltenborn and I separated sometimes as often as three or four times a day. He consulted me in everything, i nave keen on very, very friendly terms with all his fomiiv. I am sorrv for nana. It is also very unfortunate for Mr.

Engel and I am sorry for him, too. As a matter or tact, mv husband has hated Mr. Engel' all along. I would not go down to Philadelphia to get into mischief when I have such a good nome right here. No, if I was going to cut up I would not go to Philadelphia.

Mrs. Kaltenborn Will Fight Divorce Suit. win fieht. a divorr.R suit? I most cer tainly will. I had hoped to get a divorce from Mr.

Kaltenborn. Now 1 win ngnt ii vorce proceedings for my honor. I thought tTio trnnhlfi waa all over when we separated and hoped everything would be happy when I came here to live. At the home of Mr. Engel.

170 West Sev enty eighth street, one block distant from Mrs. Kaltenborn's home, it was said that he Tiari returned from PhiladelDhia. and had shortly afterward gone out, but his where abouts were not known. Mrs. Kaltenborn's Father Surprised and Shocked.

When Adolph H. Borman, Mrs. Kaltenborn's father, was informed of the Philadelphia episode, he was surprised and shocked. It was the first knowledge he had received that anything had 'gone amiss. Mr.

Borman is a member of the Wall street firm of S. V. White and it was on the floor of the Stock Exchange that an Eagle reporter saw him. "This is terrible, terrible," he said, as soon as he realized that publicity was inevitable, "it breaks my heart. I don't know what to "Did you know this man, Carl Engel?" "Yes," replied Mr.

Borman, "and, of course, I knew that his relations with Mrs. Kaltenborn, as a member of the quartet, were necessarily intimate in a business way. After Mr. Kaltenborn left my daughter last January the quartet which bore his name continued to fill such advance engagements as could not be readily broken. Engel was a sort of assistant, inasmuch as all business with the other members of the quartet was transacted through him, my daughter being the manager, as before." "Did Mrs.

Kaltenborn have any social re lations with Engel Mr. Borman was. "No," he replied, so far as I. know sne did not." The Kaltenborns Separated on January 14. It was on January 14 that Mr.

and Mrs. Kaltenborn separated. Mrs. Kaltenborn was then living at 78 West Eighty fifth street. Manhattan, and it was from there that she made public statement of her side of the case.

No formal separation proceedings had been inaugurated and Mrs. Kaltenborn said, frankly, that as far as she was concerned, there would be none. "I have no present intention of seeking a divorce," she there declared at that time. "My husband deserted me and I am through with him. Many times quarrels have arisen between us, from one cause or another, and frequently he threatened to leave me.

Each time, I impressed upon him that if he did, there need never be any hope entertained of a reconciliation." Incident Denied by Clerk of Bingham House. (Special to the Eagle.) Philadelphia, February 8 The clerk of the Hotel Bingham, on Market street, Philadel phia, in which Mrs. Louisa Kaltenborn and Carl Hugo Engel, the leader of the Haydn Quartet, are said to have been surprised early yesterday morning by Franz Kaltenborn, the woman's husband, denied to day that the incident took place. It is stated, however, that all the people concerned went to their homes in New York after the occurrence. The story of the hotel episode is thus told by the detectives, who accompanied the husband: On Wednesday evening Kaltenborn was Informed in New York that his wife and Engel had come to Philadelphia together and to the hotel in question.

Accompanied by his friend, E. P. Secor. a restaurateur, of 120 East Twenty third street, Kaltenborn followed. He reached here about midnight.

They then learned that Engel and Mrs. Kaltenborn had arrived about 6 o'clock. Kaltenborn and Secor went to the Standard Secret Service Bureau, at 1,413 Filbert street, and engaged the superintendent, Theodore E. Payne, and a subordinate. They went together to the hotel and found that Engel had been assigned to room 151, and Mrs.

Kaltenborn to 232. Reinforced by Eugene Call, night detective at the hotel, the party went first to Engel's room. They found it open, dark and empty. Then they went to the other room on the floor above. This was locked, and repeated knocking for some time failed to bring a response.

Eventually, a woman's voice demanded to know their business. After some further parley, Mrs. Kaltenborn opened the door. A moment later Engel was found in a small adjoining room, to which he had fled. The statement is made that Mrs.

Kaltenborn thus quieted her husband: "The devil take you. This will do you more harm than me." Kaltenborn wasted no time in talk. Satisfied with the evidence obtained, he and his companions left, and he, after obtaining signed statements from the latter, went to New York, asserting that he would immediately bring suit for divorce. Mrs. Kaltenborn and Engel left together a half hour later and were last seen walking toward Broad street station.

ARMORY FOR FIRST BATTERY. The Armory Board, on February 20, in the Mayor's office, will open bids for the erection of an armory building for the First Battery, N. G. N. which 1b to be located at 50 to 62 West Sixty sixth street, Manhattan.

The cost will be upward of $128,000, and the time allowed for its completion, 250 working days. Dana, leading photographer, opn Lincoln' Adv. Musical Director Surprised Mrs. Kaltenborn and Carl Engel in a Philadelphia Hotel, WIFE PROTESTS INNOCENCE. Jffirs.

Kaltenborn Declares She Was Having a Business Conversation With. Mr. Engel Will Fight Divorce. Franz Kaltenborn, the well known violinist and musical director, formerly the head of toe Kaltenborn Orchestra, who surprised his Wife, Mrs. Louisa Kaltenborn, early yester Say morning while she was talking to Carl Hugo Engel in her room, at the Bingham House, in Philadelphia, declared to day that It was his intention to sue for a divorce.

Mrs. Kaltenborn says she. met Engel in lliiiiifi Mrs. Franz Kaltenborn. Jr room and that she had a business con Sersation with him.

She states most em phatically that she will fight any action lor a divorce that her husband may bring. Kaltenborn, it appears, followed Mrs. Kal tenborn and the other members of the Haydn fiuartet to 'Philadelphia on Wednesday even ing, where they gave a concert. Kaltenborn ftvers that he obtained sufficient evidence 8n the Hotel Bingham on which to bring di orce proceedings. Mrs.

Kaltenborn is the only daughter of Ajflolph H. Borman, a well known Wall street tpan. He declared to day. when told of tie Philadelphia incident, that while greatly Shocked and surprised he was confident that daughter was innocent of any wrong floing. Kaltenborn Will Sue for Divorce.

Mr. Kaltenborn lives with his parents at J68 East Ninetieth street, where he went after separating from his wife. He was not at Stome when an Eagle reporter called there So day. Miss Kalteuborn, sister of the or ohestra leader, when seen by an Eagle reporter, said that her brother intended to take Steps to secure a divorce from his wife. "My brother is now with his lawyer," she gold, "and will at once begin an action for divorce.

Of course it is only natural to suppose that, after what has occurred, he would appeal to the courts to be freed from his wife. Any man would do likewise. Mr. Kaltenborn Went to Philadelphia Unexpectedly. "My brother's lawyer has advised him not to talk just yet.

The statement will be issued in a tew days and then the public will know all. As a matter of fact I do not know Franz Kaltenborn. ery much about my brother's trip to Philadelphia. I do know, however, that hia departure from here on Wednesday was a surprise to my parents and myself. Mr.

Kalten fcorn left here to give one of his pupils les Bons and we expected him to return for dinger. When he did not came back that night re called at the home of the pupil whom ho Intended to visit and learned th.at he had not keen there. "He left for' Philadelphia very suddenly ftnd took with him a friend as a witness. When he first went to his wife's room in the Bingham House ho had three witnesses with Jlim. My brother returned to his home here Sarly yesterday mprnins To day he has re Served sworn statements of the witnesses and these he has placed in the hands of his lawyer." In reply to a question as to whether Mr.

Kaltenborn had done some detective work on Jlis own account, Miss Kaltenborn replied in She negative and afterward admitted that he Jiad been familiar with his wife's movements Since thoy separated. Miss Kaltenborn declined to reveal the name of her 'brother's Sounsel, saying that the lawyer had advised 9Us client "that he should maintain the same Signified position that he had since ho had (Separated from his wife." Mrs. Kaltenborn lived until a few days ago in the Orchid apartment house, 78 West fifth street, Manhattan, where she and 3er hu3band resided up to the time of the Separation. Last week she removed to the ffivelyn apartments, at 101 West Seventy alghth street. SSrs.

Kaltenborn Protests Her Innocence. When seen to day, Mrs. Kaltenborn eald It vss true ibat Mr. Enjjel and herself had EX KING MILAN ILL. London, February 8 Former King Milan of Servla, according to a special dispatch from Vienna, is suffering from pneumonia.

His condition is. pronounced to be dangerous. MURDER IN SECOND DEGREE. James McAuley Found Guilty This Afternoon, After Long De liberation. James McAuley, 43 years old, who has been on trial before Judge William B.

Hurd and a jury, in Part II of the County Court, since Tuesday of this week, a.s late this afternoon convicted of murder in the second degree. McAuley was charged with murder in the first degree for cutting the throat of Julia Deegan, with whoni he lived, at 73 Poplar street, on April 27. McAuley's defense was that the woman committed suicide in his presence. Edmund F. Driggs, his counsel, and Assistant District Attorney Elder, who prosecuted the case, summed up yesterday afternoon, and Judge Hurd delivered the charge to the jury this morning.

The jury retired at o'clock. COUNT OF CASERTA HISSED. Hostile Demonstration Made in Madrid Against Father of Princess' Prospective Husband. Madrid, February 8 The Count of Caserta, father of Prince Charles of Bourbon, who is to marry the Princess of the Asturias on February 11. met with a hostile reception on his arrival here to day.

He was hooted by the and there were cries of "Spit upon him." The Count, who was met by the Infantas Isabella and Eulala and the foreign minister, Senor Campos, was driving from the railroad station to the residence of the Duke of Calabria, when a crowd assembled outside the station and hooted and hissed him. The hostility was due to the speeches made recently by many politicians and to articles in the newspapers against the marriage, on account of the part the Count Caserta took in Don Carlos' uprising. The police had to interfere to day and dis perse the crowd. Two arrests were made. The marriage between the Princess of the Asturias, eldest daughter of the Queen Regent of SDain.

and Prince Cnarles of Bourbon, sec end son of the Count of Caserta, head of the Neapolitan branch of the Bourbon family, has not met with the approval of the liberal leaders in Spain. Even Senor Sagasta, a strong supporter ot tne aynasty, is on tne liberal side. The opposition to the Count is due to the fact that he was chief of the staff of Don Carlos, the pretender to the throne of Spain, in 187,6, ind fought against the troops of King' Alfonsij father of the present King of spam ana oi tne rrmcess ui me Asturias. BRITISH DESTROY SUPPLIES. 3,500 Horses and Cattle Captured at Petrusburg Methuen Scatters Enemy Near Vryburg.

London, February 8 Lord Kitchener reports to the War Office, under date of February 7. as follows: "The British column destroyed supplies at Petrueburg and brought in 3,500 horses and cattle. "De Wet Is reported still north of Smith field, moving east. A detached force, which crossed the line at Pompl Siding, is moving on Philippolis. "Methuen reports from Lillifontein.

east of Vryburg, that he scattered the enemy there and captured twelve wagons and cattle French is near Ermelo." Cape Town, February 8 A Boer force pressing southward has been repulsed at Red dersburg. The losses were insignificant. TO INDORSE FIFTEEN'S WORK. Won 1 Hi "Protective Association Will Have a Meeting for That Purpose on March 13. The February meeting of the Woman's Health Protective Association was held this morning in the lecture room of the oun Men's Christian Association, with a large attendance of directors and members.

In the absence of the president, Mrs. James Scrim geour, the vice president, Mrs. Camden C. Dike, presided. Mrs.

Florence Cochran acted as secretary. It had been announced that arrangements would be made for a mass meeting to indorse the work of the committee of fifteen, but no action was taken further than to select Wednesday afternoon, March 13, as the date. The selection of the speakers was left to the board of directors and the announcement was made that the Rev. Dr. Hillis had promised to address the meeting if his pastoral duties would permit.

Mrs. Andrew J. Perry, chairman of the municipal committee, reported that with Mrs James M. Hart of this borough and Mrs. Charles Brush of Manhattan, 6he had attended the meeting of the committee of two hundred and fifty, organized to urge the adoption by the Legislature of the recommendations of the Charter Revision Commission.

Edward M. Shepard presided at the meeting and Mrs. Perry said that it was voted that all the associations reprcHented should have a representative on the executive committee to be selected by Mr. Shepard. The names of the committee were announced yesterday afternoon, but not one woman's name appears, although three women's organizations, in response to requests, sent delegates, the Health Protective Association having been asked to take part, because of the interest manifested by Its members In civic affairs.

There was a number of complaints about the violation of the ordnance prohtbitiug spitting in the cars and about the overcrowding of the curs. Mr. Hart made a special protest about the lack or heat In the trolley cars. Mrs. A.

K. Kraser spoke ot the excellent sanitary arrangements ot Public School No. 7, Dridne and York streets, at tho present time in con trust to the conditions that existed a few years ago when the Health Protective Association began investigating the conditions of the older school houses of the borough. Tt was an encouragement, sho said to know that mere nau ocuu bucjj an improvement In one Mrs Havilanil and Mrs. Thomas McKean wero appointed a committee to attend the meeting of women to be held in Manhattan this afternoon in the Interest of the vice crusade.

Automatic machinery and precise temperature. helD to the ahsolut uniformity of Ballanuna' todta. ruo DEMOCBATS TO NAME MILNE. Albany, February The Democratic member of the Senate and Assembly will meet in joint caucus on Monday night, after the session, to select a candidate for the office of state superintendent of public instruction. Dr.

James M. Milne of Cortland will be the choice of tne caucus. THE FIGHT WITH OUR SAILORS. Washington Officials Believe Trouble in Venezuela Did Not Amount to More Than a Street Brawl. (Special to the Eagle.) Washington.

February 8 Nothing further has been received here regarding the alleged street fight between sailors of the Lancaster and Venezuelans at La Guayra. The officials speak lightly of the incident and say they believe it will amount to nothing more than one of 'be brawls in which sailors on shore leave wont to become involved. Secretary Long Slated to the Eagle correspondent that had there been trouble of any serloufineBs It would have been reported to him by the commander of the Lancaster, but the officer has said uothlng of a fight or other disturbance. The information came In a dispatch received yesterday from Minister Loo mis, and was rather vague. MANY FIRE VICTIMS AT BAKU.

Belief That the Conflagration Started by a Discharged Employe. Was St. Petersburg, February Dispatches from Baku (Russian Transcaucasia) say all the available hospitals are filled with sufferers from the fire, whiie the sheds on the fair grounds are filled with homeless people. The Are broke out in the evening, at meal time, and spread so rapidly that many people were unable to escape from their homes and the Are cut off the retreat of the spectators, thirty of whom perished. It Is believed the conflagration was started by a discharged employe for the purpose of revenge, and it is further reported that the naphtha reservoirs had been previously filled with water, which, in overflowing, carried the flaming fluid over the town, involving all the houses so far as Police street.

The stream of fire was several yards high. Numbers of people were seen attempting to escape while burning like torches. The total number of victims is not ascertainable at present. FOR ELECTION OFFENSES. Judge Hurd Sentences Offenders Convicted by McCullagh's Brooklyn Deputies.

County Judge William B. Hurd, this afternoon sentenced defendants, who were convicted of violating the election law in the election of 1900, either by pleas of guilty, or by conviction by juries. They were convicted through the efforts of Superintendent of Elections McCullagh's Brooklyn staff and were prosecuted by Job E. Hedges of Manhattan and ex Assemblyman Edward Roehr, acting for the Attorney General. John Miller, colored, 47 years old.

of 813 Dean street, who had served a term in Sing Sing for manslaughter, and the nattempted to register and vote, was sentenced to tho Penitentiary for three' months or to pay a fine of Miller has been out on bail since his arrest. Denis Coleman, alias Kenny. .17 years old, of 187 Water street, was convicted on trial of registering in two places. His defense was that he was weak minded and was not responsible for his acts. Judge Iltird suspended sentence.

He has been in jail for four months. William Burns, alias Patrick O'Donnell. 42 years old, of 355 Pearl street, who pleaded guilty to a charge of registering in two places, and who has been in Jail since his arrest four months ago, had his sentence suspended. Bernard Martin. 49 years old.

of 421) Baltic street, who has been in prison for grand larceny, and who tried to vote at the last election, pleaded guilty and was fined $500 by Judge Hurd. The Judge immediately remitted tho fine and allowed him to go free. Martin has been in jail since his arest. WILL OF JAMES A. H.

BELL. No Schedule Filed, but Large Part to Go to Brooklyn Library and the Institute. The will with two codicils of tho lata James A. H. Bell, the noted bibliophile and traveler, wore filed for probato in the Surrogate's office to day.

Mr. Bell died at 45 Sands street on February 2. His will Is dated July 14, 1898, and waa witnessed by William S. Dane and Charles E. De Graff.

Tho codicils are dated October 12 and December 12, 1900. Some years ago Mr. Beil presented to the Brooklyn Library his collection valuable books to the number of 11,000, and then ho set about to get another collection. At his death thin second collection numbered about two thousand volumes, and tin dei his will these will go to tho Brooklyn Library. The will gives to Mr.

Bell's executor, the Brooklyn Trust. Company, the power to sell and dispose of his estate and divido the proceeds into seventy five parts. His sons, John G. und Charles A. Hell, were to have one and one half shares each, and the reversion of thirty two shares, which are left to Mr.

Hell's housekeeper, Catharine Burns, who was in his employ for many jf.ars.'for life. The? sons have died since the execution of tho will and Mr. Hull's only next o'r kin are grandchildren Laura McWhisk. a niece, of Cherryvale. who receives eitfht.

shares; Kllen L. Malshand, a granddaughter, seven shares; Theresa Hell, a granddaughter, seven shareH, and Ernest Hell, a grandson, seven shares. The Itrook Ivi: Library and the Brooklyn Institute of Arts and Sclencos are to receive each sixteen shares. The codli which was made on October 12, 1900, directs that the shares intended lor his sons, as they arc dead, shall be given to the Brooklyn Library This shows that the Brooklyn Library will suncoed to the thirty two shares left to Catharine Bums at her death. To her this codicil gives the.

testator's books, bookcases and library furniture. There Is a second codicil in which the testator gives small bequests to nerv ants. Mr. Bell inherited a considerable estate from his uncle. Augustus Graham.

It is understood that Mr. Bell spent a large portion of his estate In the purchase of books and that ho does not leave a great amount of property.