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

THE BROOKLYN DAILY EAGLE. FOUB O'CLOCK EDITION. FRIDAY, JANUARY 8, 1897 VOL. 57. NO.

7. 16 PAGES. THREE CENTS. TO REPORT ON THE DAUNTLESS. FIRE AT SCHOOL NO.

3. INDIA'S RELIEF WORK. COLTALMAGEWAHTSADIVORCE BURR'S ADVICE TO TAYLOR. TUNNEL REPORT SUBMITTED. The Coolness of Teacher and Janitor Prevented a Panic.

Those in chargn of Public School No. 3, which is situated on Hancock street, between Bedford and Franklin avenues, deserve credit for their cool and prompt actions this morning, when a fire broke out in one of the school rooms. The blaze, which might have been a serious one, was started about 10 o'clock by one of the pupils throwing a lighted match into a waste paper receptacle, in the room presided over by Miss De Monde. When the paper burst 'into name Miss De Monde sent for the Janitor and ljen formed the children into line. The janitor, Samuel Corey, threw open the gates leading into the street and the class filed out as though going out to recess.

Then Corey ran into the room and threw several palls of water on the blaze and extinguished it. So promptly, quietly and orderly was the whole thing done 'that not a person in the building save those mentioned heard of it until all danger was over. The damage was trifling. The other pupils in the school were about their studies as usual and Miss De Monde's class will resume its work under its clear headed teacher. Had not the action taken been bo prompt it is likely that the panic which usually follows a fire in a crowded school house would have resulted.

A BLOODLESS DUEL. Venari and Carrio Blazed Away at Each Other. There was a bloodless duel on Hamburg avenue, near Gates, last night. Santo Venari and Frank Carrio blazed away at each other with revolvers, because Carrio, it is said, was too attentive to Venari's wife. Tho woman is but 17 years old and is a beauty of the Italian type.

Both men, who are cousins, were attentive to the girl before she married Venari In Italy and when the couple sailed to this country Carrio followed them. Venari demurren when his cousin called at his home on Hamburg avenue so often and the bad blood which was thus caused led to the shooting. When Venari went to his homo last night ho found Carrio there and the fight followed. After an exchange of hot words Venari ordered the other out. Just what followed is not known.

Out on the street Venari drew his pistol and fired three shots in quick succession at Carrio and the latter fled. Venari says that Carrio fired one shot at him first and the latter did not deny it. This morning each went to the Gates avenue police court to get a warrant for the other's arrest. Justice Lemon had both men before him and lectured them roundly. Then he advised them to keep away from each other and told Carrio to stop calling on Mrs.

Venari. Carrio promised to do so, glaring vengeance at Venari. CHARGES AGAINST SHEPPARD. One Was for Larceny and the Other for Abandonment. Detective Sergeant Farrell and Patrolman Gill of the Eleventh precinct last evening arrested James Sheppard on a charge of grand larceny preferred by James E.

Murphy of 27 Luqueer street, engineer of the steam water boat Scandinavian. Murphy said that on January 6, while on duty on his boat, then lying at the East Central pier, he saw Sheppard go into the. pilot house of the boat and carry away his overcoat, coat and vest. In a pocket of the vest were $10. Murphy said he had a full head of steam on and (Didn't dare to leave the engine.

Detective Farrell found the property in New York. Before Justice Tlghe this morning Sheppard pleaded guilty to stealing the clothes but said that he didn't know about the money. "Overlooked 4t?" asked the justice; "you must be more careful about these little things." As soon as the charge of larceny had been disposed of Sheppard's wiife. Lena, living at 357 Smith street, came to the bar and charged him with abandoning her and her two children. Sheppard said that he had no home and pleaded guilty to the second charge also.

He will come up for sentence January 11. CRUISERS TO SAIL SOUTH. Montgomery and Marblehead to Join the North Atlantic Squadron. Work on the cruisers Montgomery and Marblehead has been completed and both vessels are ready to Join the North Atlantic squadron at Hampton road3. The Montgomery will be the first to leave the navy yard and will sail to moiTow.

The Marblehead will sail on Monday. After stopping at the Hampton roads rendezvous both vessels will continue their southern course and will join the vessels now patroling the Florida coast. The triple screw ocean flyer Columbia is now in the timber dry dock and owrk on her is being rapidly pushed in compliance with orders received from the navy department to have the vessel ready to sail on Wednesday of next week. The other vessels at the yard undergoing repairs are the battleships Massachusetts and Texas and the monitors Puritan and Terror. All of these with the exception of the Texas will be ready to sail within a fortnight, and the Texas will probably remain at the yard for another month, at least.

TO LIMIT JUDGES' POWERS. House Committee Acts Favorably on Congresman Ray's Bill. Washington, D. C. January 8 The bill limiting the power of judges to punish for contempts of court which Representative Ray of New York framed as a substitute for a bill passed by the senate last session was acted upon favorably, by the house committee on judiciary to day.

By a vote 8 to 4 the commute decided to report favorably the bill to the house. Those voting for it were: Republicans Henderson of Iowa; Ray of New York; Broderick of Kansas; Updegraff of Iowa; Gillett of Massachusetts; Connolly of Illinois; Burton of Missouri. Democrats Miles of Maryland. Those voting against were: Republicans Baker of New Hampshire. Democrats Culberson of Texas; Terry of Arkansas; Deannond of Missouri.

The provisions of the bill have been published heretofore. ARMED DEPUTIES SENT. Striking Miners Making Threats at Rutland, 111. Ottawa, 111.. January 8 Sheriff Yockey has left for Rutland village with sixteen special deputies picked from the old militiamen and armed with Martin repeating rifles, on a call for help from Deputy Matt Coulson, who has been on the ground ever since Monday night, when the miners at Emerson Hake'3 shaft threatened to raze the building.

The telegram to Sheriff Yockey was to tho effect thait between two and three hundred Italians and Austrians were parading tho streets and threatening to loot Hake's store and burn the shaft. The trouble grew out of a break in the scales, which weighed 450 pounds light. It was several days before the miners discovered this. The manager failed to keep his promise to repair tho scales and the men quit. EMIN PASHA'S WILL STANDS.

London, January 8 A disbatch from Berlin to tho Daily Mail says that the supremo court has dismissed the action to set aside the will of tho late Emin Pasha in favor of his Abyssinian daughter Ferida. whom he hud brought to Europo to educato before his tinal return to Africa and his death. COLLECTORS TO DINE. The annual banquet of the Brewery Collectors' association of Long Island will be held on Saturday night at Westernacher's hall, 907 Broadway. William Mosor is tho president, and the association numbers about fifty Mean while Clearance Papers for Nuevi tas, Cuba, Are Withheld.

Washington, D. January 8 The secretary of the treasury has received a telegram from the collector of customs at Jacksonville, stating that the suspected filibuster, the Dauntless, had returned to that port and had represented that she had been on a wrecking expedition and now asked for clearance for Nuevitas, Cuba, with a cargo of arms and other munitions of war. The collector asked for Instructions, and in reply the secretary directed the collector to make a full report in the case of the Dauntless. Until this report Is received, which may take several days, the desired clearance papers will be withheld. MORE TIME FOR BUILDERS.

Washington, D. January 8 The house committoo on commerce to day voted to report favorably tho bill to extend the time for completing the bridge of the New York and Long Island Bridge company across the East river to January 1, 1902. This is tho bridge that will connect Long Island City and New York across Btackwell's Island. HALF THE COMMITTEE GONE. NEWTOWN BRIDGE PLANS AT A STANDSTILL.

Brooklyn Board Failed to Appoint New Committeemen to Act With the Queens County Supervisors. The proceedings in connection with the proposed construction of a bridge over Newtown creek, between Manhattan avenue, Brooklyn and Vernon avenue. Long Island City, had been brought to a stand still. The matter was before the committee, composed of members of the board of supervisors of Queens county and of the Brooklyn boaTd of aldermen last year. The Brooklyn committee ceased to exist with the year, and its successor has not yet been appointed.

This afternoon the Queens county members of the Joint committee called at the city hall with the view of having a meeting, but upon their arrival found that there was no Brooklyn committee in existence. Alderman Williams, who was chairman of the Brooklyn committee last year, endeavored ax a meeting of the board of aldermen on Monday last to have the committee continued, having In mind that the plans for the bridge were shortly to be placed before the joint committee. His proposition was ruled out of order. He said this afternoon that the plans were still in the hands of Engineer McLaughlin and that It was desirable to have them transferred to the committee, but as there was no Brooklyn committee in existence he did not see what could be done 'in the matter. STARVING IN AN OPEN BOAT.

Captain Herman Wasted Away From 1 80 to 110 Pounds. Jacksonville, January 8 As the United States revenue cutter Boutwell was approaching the mouth of St. Johns river late last evening the lookout discovered a cat rigged yawl flying a flag of distress. One of the Boubwell's boats sent to investigate found a sailor in the bottom of the yawl unconscious. He was wasted to a skeleton and his mouth was on his naked forearm as though he had tried to drink his own blood.

He proved to be Captain c. Herman of Providence, R. who left that place November 1 accompanied by Charles Gladding in the yawl Cocheco for a cruise along the coast of Florida. When they left Charleston on December 26 they were blown out to sea. Their provisions and water were soon exhausted.

Last Friday Herman thinks it was, the lighthouse on Anastasialsland was sighted. By this time Gladding was crazy and put off for shore in a boat attached to the Cocheco and undoubtedly was lost. Herman remembers nothing else, and must have become unconscious shortly after Gladding left. The Cocheco then drifted up the coast with its unconscious master until discovered by the Boutwell. Herman weighed 180 pounds when he left Providence.

He now weighs only 110 and is so weak be can hardly raise his band. COLONEL EDDY'S WIFE DEAD. She Succumbed to an Attack of Pneumonia. Mrs. Virginia H.

Eddy, wife of Colonel John G. Eddy of the Forty seventh regiment, died at 4:30 o'clock yesterday afternoon at her late residence, 276 Clifton place, of pneumonia. Mrs. Eddy was taken ill on New Year's day. The family physician, who was called in, pronounced her illness an attack of the grip.

On Wednesday evening it had developed into pneumonia. The closest attention was given the case and a professional nurse was kept in constant attendance upon the natlent. Yesterday, at noon, a sudden change for the worse came, and Mrs. Eddy began to sink rapidly and died a few hours later. The change was a great surprise to the attending physician and the family.

The Rev. M. J. Moran, pastor, of the Church of the Nativity, happened to stop in at the time on a friendly call and administered the last rites of the Catholic church. Mrs.

Eddy's maiden name was Miss Virginia H. O'Hara. Beside her husband she leaves six children, the youngest 3 years old and the oldest 17 years old. The funeral will take place from the Church of tho Nativity, Madison street and Classon avenue, on Monday morning at 10 o'clock, when a solemn requiem mass will be celebrated. Interment will be in St.

John's cemetery, Middle Village, L. I. MINISTER WILLIS RECOVERING. Making Slow Progress After a Very Severe Illness. San Francisco, January 8 The condition of Minister Willis, whose illness at one time caused his family and friends great uneasiness, was improved when the steamer Coptic left Honolulu.

The change for the better had been very gradual during the last few days of the old year, and the date of sailing ho was far from being able to sit up or read the papers. Even his close friends were unablo to see him. According to his physicians, at his present rate of recovery, It will be some time before he will be able to atend to anything in the shape of official business. IN DELG ADO'S BEHALF. Washington.

D. C. January 8 Another batch of affidavits was filed at the state department to day to establish beyond question tho American citizenship of Harry Delgado. the correspondent now under arrest in Cuba. These were by Harah Grangor Delgado, wife of tne prisonor, and Kicardo Acosta, an intimate friend of John Delgado, father of Harry Delgado.

JAMAICA SEWER PLANS. Albany, N. January 8 State Engineer and Surveyor Adams has approved tho plans for new sewerage systems Now Hartford, Otsego county; Depew, Erie county, and Jamaica, L. I. NAVAL CRAFT REPORTED.

Washington, D. January 8 Tho Minnc. apolis has Bailed from Beirut to Tripoli. The Allianco has arrived at St. Thomas and the San Francisco at Ville Franche.

The Mondcock has arrived at Monterey. Over a Million Persons Engaged in the Task. Calcutta. January 8 It is officially announc ed thait 1,230,000 persons are now engaged on the relief works and It is added that the num ber will probably reach 2,000,000 during the coming week. Bombay, January 8 The Times of India says that owing to the exodus on account of the plague, tho population of Bombay has been reduced one half.

The weekly mortality is 200 per 1,000 and more shops are closed than open in the native quarter. FRANCE AND ITALY PROTEST. They Demand Representatives at the Trial of Mazhar Bey. Constantinople, January 8 Owing to the refusal of the Turkish authorities to admit the dragomans of the embassies to be pres ent at the trial of Mazhar Bey. the French and Italian ambassadors have recalled their dragomans and have 6trongly protested to the Porte, demanding the transfer of the trial of Mazhar Bey, who is accused of being responsible for the murder of Father Salva tore, an Italian priest, who was killed in the Convent of Jonidjekale, at Marash, In 1805, by Turkish troops commanded by the Bey.

The ambassadors insist that the latter shall be tried by a competent and Impartial tribunal here, instead of at Marash. A LONG ISLAND ELOPEMENT. M. T. SMITH AND MISS JESSIE WEBB MARRIED AT OYSTER BAY.

The Bride's Mother Is Wealthy and Furious and Her Father Is a Twenty sixth Warder. (Special to the Eagle.) Northport, L. January M. T. Smith, engaged in the harness business in this village, and Miss Jessie Webb, only daughter of Mrs.

Rose Webb, eloped from here yesterday and wero driven to Oyster Bay, where they were married. The young woman is 18 and the groom 35. They have been meeting clandestinely for some time. The girl's mother is reported to be quite wealthy. Smith was next door neighbor to the Webbs and his attentions to the young lady were greatly opposed by her mother.

Whenever they went carriage riding the mother always accompanied them, but the couple managed to elude her and often met on the roads and in other places where they were often seen together. Of late when it became too cold for meeting out of doors, they have been seen together a great deal In the post office. A week ago Smith started in business and Miss Webb was ever after a daily visitor at his store. The mother Is frantic and says sho will refuse to receive her daughter when she comes back or to forgive her. Smith is 35 years of age and when Postmaster Charles T.

Sammls took the office three years ago he was made assistant postmaster. He did not hold the position long and since that time he has been out of business, until a week ago he opened a harness shop. The young woman is 18 years old. good looking and of a quiet disposition. She was a daily attendant at the Presbyterian Sunday school and quite prominent in Its social affairs.

Her parents separated some years ago and her father is now living in Brooklyn in the Twenty sixth ward, where he keeps a livery stable. Mrs. Webb recently fell heir to several thousand dollars and her daughter, on reaching 21, will ccme In for a share of the money. Twice before the couple had planned to elope, but the mother learned of it and put a stop to it. Yesterday the girl, who lives a mile from the village, started in for the mail.

She carried no grip, and nothing in her demeanor caused suspicion, but when night came and sho did not return her mother went in search of her. Calillng at the store of Smith she found that he had gone away and on Inquiring at the livery stable learned that tho couple had been driven to Oyster Ray. Tho driver, Benjamin Brown, said he served as a witness at the marriage in the Presbvterian parsonage and that the Rev. A. G.

Russell officiated. This morning a quantity of household gornls which Mr. Smith purchased a week ago arrived and wero moved Into the rooms over his store, where the neighbors say the couple will go housekeeping on their return. No word has been beard from them since the wedding. MRS.

BEECHER RALLYING. The Aged Woman May Be Able to Walk With a Crutch. (Special to the agio.) Stamford. January 8 Slowly, but surely. Mrs.

Henry Ward Beccher is rallying from tho exhaustion and weakness caused by tho shock sustained when she broke her thigh more than a week ago. At first she suffered intense pain, but this is gradually passing away and yesterday was the most comfortable she has had sinco tho accident. She lies in a sun lit room at tho home of her son in law, tho Rev. Samuel Scovillc, on South street, one of the fashionable thoroughfares of the city. Everything that can cheer encourage the invalid is provided and thoughtful friends supply handsome bouquets.

Mrs. Beecher Is wonderfully bright now that tho pain Is subsiding. She eats three hearty meals each day and appears to greatly enjoy her food. Many friends from Brooklyn and "other cities come to Stamford to see. her and she receives them all.

Drs. Pierson and Hurlbett, the attending physicians, are greatly encouraged and say they think she will be able to get up and around with the use of a crutch in time. ONCE HAD THE BUBONIC PLAGUE Molansky, Whose Malady Attracted Much Attention, Dies Suddenly. Joseph Molansky. 41 years old, the proprietor of a cracker bak ry at 24 Eldiidge street.

New York, was taken ill (in Monday and died without medical attendance at his home on Wednesday. The coroner's office was notified and Deputy Coroner Weston went to tho house this morning ami made an autopsy, which tho wed Molansky hud died of Irrigut's disease. Dr. Weston learned that about tour years ago Molansky hail suilY rcd from what is "known as the "monkey disease," tho medical name for which is bubonic plague At the time the ca nttrnctc a great deal of attention because of its rarity in thiB country. Molansky was sent to the Post Graduate hospital where ho was successfully treated for the nialadv.

CHARGED WITH STEALING. James Mahoney, aged 21 years, of 1 McKin ney street, was held to answer to day Injustice Walsh on a chargo of burglary. It is alleged that he forced an entrance to tho premises of William llowlaml. at MeKinnev street, and stole a barrel of mustard, worth a day or two ago. The police of the Fulton street station found tho mustard concealed in a back yard at 2 McKinney street.

DARVISHES ON THE WARPATH. London. January A despatch from Sukain to the Times Bays it is reported that the Dervishes have attacked and killed thirty Askaris in Italian territory. of (irqntcr Mew York In the EAGLE ALMANAC for 1SJT. now aci sale.

Only complete guide fur Creator New York published. Price, 25 cents Is Suing His Wife in the North Dakota Courts. MARRIED HALF A CENTURY. The Plaintiff Asserts Desertion in His Complaint He Is a Son of the Late Thomas G. Talmage, Once Mayor of Brooklyn, Was Colonel of the Fifty sixth Regiment and Minister to Venezuela The Beau Brummel of His Day.

(Special to the Eagle.) Wahpeton, N. January, 8 Papers have been filed in the court here in an action brought by David M. Talmage of Brooklyn for divorce from his wife, Sarah J. Talmage. The divorce is asked on the ground that Mrs.

Talmage deserted him in 1883. It is said here that the plaintiff is a son a former mayor of Brooklyn and was himself United States minister to Venezuela. He commanded a regiment of New York state militia during the war. Plaintiff's attorneys are Hoggatt, Caruthers Hlldreth of Fargo, with a branch office at 108 Fulton street, New York. David M.

Talmage, the plaintiff in this action, is one of the three sons of Thomas Goin Talmage, who was mayor of Brooklyn f.rom 1845 to 1847, and is a cousin of ex Corporation Counsel William C. De "Witt and of the Rev. T. De Witt Talmage. He was married to the woman whom he is now suing for divorce half a century ago.

Both are about 70 years of age. David was the Brooklyn Beau Brummel of his day, being a handsome fellow with plenty of money, who set the fashions for the swells of the town. Mrs. Talmage is tho granddaughter of Cornelius Van Brunt, being the child of Thomas Goin Talmage's second wife by a former husband. The plaintiff's mother, Mayor Talmage's first wife, was a daughter of United States Senator Jacobs.

The mayor was married three times in 1832 to the senator's daughter; in 1834 to Cornelius Van Brunt's daughter, and In 1847 to the youngest child of Judge Joralemon. Five children, two boys and three girls, were born to the parties to the present action. The three daughters strangely enough all secured divorces from their husbands. Two have since maried men of high standing in the community. Mrs.

Talmage and one of her daughters still occupy th house at 295 Hicks street in which her stepfather and la.ther ln law, Thomas Goin Talmage, lived as mayor. An Eagle reporter called at the New York office of Hoggatt, Caruthers Hildreth this morning. Mr. Hoggatt said: "Yes, it is true that we are the attorneys for David M. Talmage in the action for divorce which he has brought against his wife.

A residence of ninety days in North Dakota is required before beginning such an action and that the plaintiff has acquired. I served the summons and complaint on the defendant in person at her Hicks street home on December 5. The thirty days expired without her making answer, and on January 5 I took depositions at 1,320 street, N. Washington, D. to show that my client had tried to effect a reconciliation." Mr.

Hoggatt said he did not know why Mr. Talmage wanted a divorce. Mr. Talmage told him that his wife had deserted him in 1883 and had given him proof of that fact, and he had do doubt that the divorce would be era ted. At the Hicks street house the reporter found a young woman who said she was David M.

TaHmadge's daughter. She acknowledged without hesitation the truth of the Eagle dispatch and added: "I cannot imagine why my father has taken this step, unless to annoy us. Or perhaps," smiling, "he is contemplating a ridiculous marriage. My father has for many years been a source of trouble to us. He has already secured and disposed of a large part of my mother's fortune, but the rest he cannot tench.

He has seme property now. We do not 'care what action he takes so long an he does not say anything which reflects upon my mother. Her children, who understand the case thoroughly, are with her and if he goes too far we will undertake to show what sort of man he is." "Some years ago," continued Mr. Talmage's daughter, "when United States Minister to Venezuela, very unpleasant things were said in the papers, and I should not think he would like to put himself in a position where they might be recalled. We have no desire to disgrace him, and certainly will not unless compelled to.

So far as regards this Dakota divorce, we care nothing for that, whether he gets it or not. It will not be legal. We know that he has not established a residence there. In fact, we can show that he has been living in Washington. The whole affair is very unpleasant for us, as one can imagine, but my mother has the right on her side, and consequently has nothing to conceal, and when the time comes, as I have said, if we are compelled we may have something to say." David M.

Talmage was well known during the war as an organizer of regiments. He was the organizer and first colonel of the Fifty sixth regiment, a well known militia organization during the years immediately following the war. After the close pf hostilities he made considerable money as a broker, but for the 'past few years he has not been engaged in any business. He was in Venezuela in the interest, of a gas company when the American minister died. He was named to till the vacancy and afterward was regularly appointed to the post.

CHIPMAN INHALED GAS. Washington, D. January 8 Charles 51. Chipman, supposed to bo a commercial traveller from Now York, about 30 years old, is lying In dangerous condition in the Emergency hospital, as the result of an attempt to commit suicido by asphyxiation, at his room at a hotel here 3 esterdav afternoon. Chipman registered as F.

E. Young of Philadelphia. H. S. liobins, care of Wild 82 Worth street, New York city, has been telegraphed to, as requested in a otter written by Chipman.

H. S. Robbins when seen in reference to the foregoing dispatch said that he had a very alight acquaintance with Chipman and was at a loss to understand why he should have been brought into the affair. He had as yet received no notification of the attempted suicide until the dispatch was read to him. Ho declined to talk further about the case.

MEXICO'S NEW RAILROAD. Sn Diego, January 8 Engineers are now in tho field, selecting tho route for the Mexican Eastern railroad, which will run from San Geronimo, on tne Tehauntepec railroad, to Tapach Chiapyas. Tho road will bo valuablo in opening up coffeo and mineral lands in southern Mexico und northwest Guatemala. American capital is behind the iiroject. Mtciuu User Can Save by Buying Onrcoal.

KxLsrr Lovohux, Kevins andDouglast (tiLAdv. Must Pay Teachers' Salaries on His Own Eesponsibility IF APPOINTED SINCE. JAN. 1, '95. The Corporation Counsel Deplores the Inconvenience Which Will Follow but Says That He Cannot Advise DifferentlyMany Teachers Affected if the County Treasurer Refuses to Honor Warrants Mr.

Taylor Undecided. Corporation Counsel Burr to day sent an opinion to Hubert G. Taylor, as city treasurer and treasurer of the board of education, in reply to this request of Mr. Taylor: Hon. Joseph A.

Burr, Corporation Counsel: Dear sir In view of the recent decision of Justice Keoeh and fresh reports as to the effect It would have regarding school teachers' warrants I would like to have your advice as to whether or not I shall pay them their warrants for the month of January. Very respectfully, H. O. TAYLOR, Treasurer Board of Education. Mr.

Burr's opinion is as follows: Hon. Hubert G. Taylor, City Treasurer and Treasurer of the Board of Education: Dear air Your communication of the 7th Inst, has been received, in which you aalc whether, in view of the recent decision of Mr. Justice Keogh, you are authorized to pay wararnts for salaries for the month of January to the teachers employed by the board of education of the City of Brooklyn. Under the statute of 1SS3, as amended in 3S84, persons employed In or who seek to enter the public service under the educational departments of any city were not subject, to civil service regulations.

I do not think that the validity of appointments made before January 1, 1895, without civil service examinations can be questioned. Since January 1, If Judge Keogh's decision is correct, every exemption specified in the statute is abolished, provided that the courts determine as a question of fact that It la practicable to fill the positions after competitive examination. My own opinion is that teachers ought not to be appointed in such manner. I cannot assure you thut the decision of the courts will coincide with my opinion. In view of the doctrine established by Judge Keogh's decision, and In view of the claims made by some who advocate that doctrine, that the employes of the educational department appointed since January 1, 1SS6.

are not exempt from civil service regulations, if you pay salaries to such employes before the question is judicially settled you may be held personally liable for such payments. The statute of 1S84 makes every oilicer of a city whose duty it is to slim or countersign warrants on the treasurer or other disbursing officer of the city for the payment of salary to any person improperly appointed under the civil sen ice law personally liable for such payments in an action brought by any taxpayer. This statute being a penal one, will doubtless be strictly construed, and it may be that the form of salary warrants used to pay teachers will not bring such payments within its terms. But, aside from any liability arising under this statute, If the payments may be adjudged improper ones a personal liability would arise, and you must determine whether, in justice to yourself and your bondsmen, you shall assume the responsibility. I greatly regret the situation, and.

if you should feel unwilling to assume the responsibility of making thsse payments, I fully realize the distress and suffering' that will result. I cannot see my way clear, however, to advise you differently In the matter. Yours, JOSEPH A. BURR. Corporation Counsel.

Mr. Taylor has not yet decided what he will do. President Swanstrom of the board of education had this to Bay: "I do not see that the county treasurer will be called upon to assume any risk. The law says that he shall pay out the board of education money on warrants signed by the president and secretary of the board. Mr.

Brown and I will sign the warrants for the February roll and assume whatever responsibility there may be In the matter. No teachers have been appointed since January 1, without the severest kind of examination." KLEIN MUST BE TRIED. Justice aynor's Decision in the Alleged Firebug's Case. Justic Gaynor this morning handed down a decision in the matter of Jacob Klein, whosu trial or release on an indictment charging him with arson in tho first degree was sought by his counsel, Robert Elder. Justice Gaynor decides that Klein must be triod next week, on Monday if possible, in tho county court.

Tho district attorney desires to havo Klein tried in the supreme court. Judge Hurd is to try the case in that event. He is the judge who presided at tho trial when Klein was acquitted. Justic Gaynor's decision is as follows: "Tho judicial force of this county is more than ample to try all cases, civil and criminal, if they be brought on, if time bo not frittered away and adequate hours be occupied with tho worK. This defendant is now entitled to be discharged next Monday or be tried.

Tho pooplo of tho state havo no right to impris an individual and keep him imprisoned while they refuse or delay to try him, and they do not want the like to bo dono. Tho district attorney informs the court that he will move the trial in this court next Monday. No notice that criminal causes would be tried here this month was given and, therefore, a jury was not summoned for the purpose. The indictment is in the county court and can be tried there." OVERCOME BY GAS. Three Persons in New York in a Dangerous Condition.

John Gillespie, 45 years old, of 274 West One Hundred and Fifteenth street, ticket agent on the elevated railroad station at Ninth avenue and Ninet third street, New York, was found unconscious from escaping gas in tho ticket office at 'J o'clock this morning. A doctor was hastily summoned, and alter Gillespie had been revived he was sent home. John Williams, 40 years old, and his wife, who is 23, were found unconscious in their room in Morgan's hotel, 355 Spring Btreet, New York, at 10:30 o'clock this morning. Dr. Martin of St.

Vincent's hospital attended them and they wore taken to the hospital in an ambulance. The couple registered at the hotel at 6 o'clock this morning. ANOTHER SCUTTLE ROBBERY. The police of the Classon avenue station were notified yesterday that a thief had entered the residence at 140 DeKalb avenue by means of the ecuttie. The burglar had adopted the methods of the thief who entered the residence of Mr.

Armstead on Greene avenue, although he had not secured cso much booty. He went to the room of Mary Barrett, a servant, on the top floor, and stole clothing worth $15. Entrance was gained by forcing the cellar of a vacant house at 153 DeKalb avenue and then the burglar went to tho roof and passed along to the roof cf the house at 149, where he forced the scuttle. The police have an idea that the operator was in some way connected with the thief who stole Miss Armstead's jewelry on Wednesday night. BIG SHIPMENT CELEBRATED.

At a dinner held at the Manhattan hotel. Forty second street, Now York, last night, in celebration of tho great shipment of 1G0 car loads of salt by tho Worcester Salt company, from their works at Silver Springs, on January 6, there were present about twenty five guests representing tho officers of the company and tho New England jobbing houses. Congratulatory telegrams wero received from Governor Frank S. Black, Liou tenant Governor Woodruff, the treasurer of the company and others. Tho train started for New England points for distribution at 7:20 A.

M. to day. Xew Vorlt City Street Directory. One of "the hundreds of fine features of the EAGLE'S GREATER NEW YORK ALMANAC for 1897, now on sale. Trice, 23 cenrts.

Purchased by a Newly Formed Syndicate. MR. PRATT NOT IN CONTROL. August Belmont, Theodore A. Have meyer and Others Interested Mr.

Young Promises Adherence to the Proposed Plans of Extension and ImprovementsWill Co operate With the Present Interests of the Company. The assertion that Charle3 M. Pratt had purchased the Interest in the Long Island Railroad company held by the estate of the late Austin Corbln, Is not based upon a foundation of fact. In denying the rumor this afternoon George W. Young, president of the United States Mortgage and Trust company, when seen at his office, on eCdar street.

New York, made this statement: "The Corbin interest has been purchased by the United States Mortgage and Trust company fo rthe account of a syndicate which will act in conjunction with Mr. Pratt in the future development of the interests of the railroad. "Among the members of the syndicate are August Belmont, William A. Read of Vermil ye Brown Bros. Charles D.

Dickey, Theodore A. Havemeyer, Strong, Sturgis Kessler Frederic G. Bourne, George F. Baker and Hollister Babcock. "The syndicate, in co operating with the Pratt in the development and improvement of the property as it now exists, will also take prompt steps toward providing more satisfactory New York and Brooklyn terminal facilities.

"In the formation of the syndicate especial care has been taken to select membere who are experienced in the management of railroad properties, and who, at the same time, as residents or property owners, are interested in the future development of Long Island." Mr. Young was asked for come particulars as to the future plans of the syndicate; as to its attitude regarding the Atlantic avenue and tunnel plans and tho extensions on Long Island, but ho refused to answer. "That is all we have to give out just now," he said. "We shall do everything possible to provide what the public needs and more." "Will Mr. Baldwin remain as president of tho company?" was asked.

"You will pardon me, but I can answer no more questions." Several weeks ago the Eagle announced the fact that the holdings of the Austin Corbin estate in the Long Island Railroad company were in peril. Later the Eagle also announced the formation of a syndicate to secure control of the stock. The transaction was completed yesterday and by the arrangement the Long Island railroad has paEsed out of the control of the Corbin family. The Union Trust company, as representative of the holders of the stock as collateral for loans made to the late Austin Corbin, yesterday sent notices to the creditors of the Corbin estate that arrangements for takinsr up the loans had been made. The amount of the loans was $1,500,000 and as collateral for this sum Mr.

Corbin gave his holdings of stock, 60,000 half shares, at a par value of suDsequently to Mr. Corbin's death the stock depreciated so that the margin of the loan entirely disappeared. In order to cover this Mrs. Corbin, on December 26, turned over to the Union Trust company, as trustee, real estate to the value of $600,000, including her home on Fifth avenue, New York. The arrangement perfected yesterday clears up the loans and under it Mrs.

Corbin receives back her real estate holdings. At the time of Mr. Corbin's death he had many schemes afloat in which there was much of valuablo equity. In the loans he secured to carry on his plans Long Island railroad and Lehigh Valley stock formed the best part of his collateral. It Is said that there were about thirty loans outstanding at tho time of his death, nearly all of which were secured by Long Island stock, which was then selling at close to $80 a share.

After Mr. Corbin's death and the decline in the stock of the road, several schemes were rumored to be afoot In the financial world to secure control of the property. It was said that J. P. Morgan Co.

were planning to secure control by obtaining the claims which were being pressed for payment and then securing the collateral at their own figure. Russell Sage, who was one of the loaners, was credited with having set his eyes upon the Long Island property as well as the VanderbilU. The Trust company stepped in as trustee, Mrs. Corbin made over her property as security for depreciations and the creditors were hold off under an agreement to extend their loans for six months. It wa3 consequently somowhat of a surprise to tho creditors yesterday when they were Informed that the Trust company was prepared to take up tho collateral stock at a figure which would clear off the loans.

L. I. EXPRESS COMPANY RUMORS. (Special to tho Eagle.) Long Island City. L.

January 8 A rumor is being spread by a number of the employes of the American Express company that tho Long Island Ilailroad Express company has sold out its interests to tho former compnny This iB denied by Assistant Manager Trattof tho Long Island Railroad comnanv. HOGAN'S FRIENDS Want Him for Lieutenant of Company Thirteenth. Several months ago after a lively contest in Company of tho Thirteenth regiment Sergeant Hogan was nominated for second lieutenant, but for somo reason an haB never been ordi red by Colonel Watson. A petition requesting an election was cireul Intdn. llllt wns Tint nreHr.n tori rt I pt a meeting of the coniDany last night Ser Kimiii jjwy.iii utiKt permission to withdraw his name, and urged the cornpanv to select somo other man for the place.

The men insisted, however, that thoy wanted no one else and declared that they would stand by him. REMOVED TO BROOKLYN. (Special to the Eagle.) Albany, N. January 8 A certificato has been filed with the secretary of state, setting forth that tho W. H.

Sweeney Manufacturing company has removed its place of business from New York city to Brooklyn. INJURED BY FALLING IRON. Michael Laney, .10 years old. living at Fourth avenue and Twenty first street and emnloyed at Fourth avenue and Dc graw Btreet. waH in jured yesterday afternoon by a falling piece of iron, xiis rigut mp auu arm were injured.

KING HUMBERT'S ILLNESS. London, January 8 A Vienna dispatch to the Uay Mall roporis that a rumor provails thorn that tho recent illness of King Humbert of Italy, which was said at tho timo to bo a cold, was in fact a slight stroke of paralysis. FIRE IN A STABLE. At 2:15 this morning fire dostroyed tho one story frame stable at 174 Thirty ninth street owned by Gustav Woiding. Tho stable was damaged to tho oxtent of 625.

Tho cause of the tiro is unknown. Atlantic Avenue Commission Appears Before the Mayor. THE PLANS BRIEFLY DISCUSSED. His Honor Expresses His Approval the Project and Says Care Must Ba Taken in Determining How the City's Share in the Expense of the Improvement Shall Be Raised The Commission to Confer With Corporation Counsel Burr and Submit a Final Statement of Probable Cost. The Atlantic avenue relier and improvement commission met in the mayor's office at 11:30 to day.

Present: E. G. Blackford, chairman; W. E. Phillips, W.

M. Meserole, E. F. Linton and Edward H. Hobbs.

Mayor Wurster and Corporation Counsel Burr were also present. Mr. Blackford submitted the report and plane of the commission printed below, and! in a preliminary statement said that tha commission expected in a few days to ask for another conference with the mayor In regard to the methods by which the city should participate in tho expense of the work proposed. Mr. Blackford explained that tha final report of the commission would be accompanied by a statement of facts as to cost, etc.

When tho plans wore laid before the meeting, tho question was raised as to tho removal of tho water and sewer pipes. Mr. Baldwin said that the tunnel was to be built by tho New York, Brooklyn and Jersey City Tunnel company, of which William H. Baldwin, president of the Long Island Railroad company, is also president. Mr.

Baldwin has assured the commission that the capital was all in sight. Mayor Wurster asked: "If the city agrees to furnish Its share of tho funds, will thoy go on and build?" Mr. Blackford replied that so far as Mr. Baldwin had intimated, the work would go on simultaneously. The Long Island Railroad company would not feel warranted in paying for half of this improvement were it not for the tunnel." Mr.

Linton said they would abandon it and go around by the Biaekwell's island bridge, which was their alternative proposition. Mayor Wurster said that the only suggestion he had to make was that the commission should go on until it should make a final report. Meanwhile it might confer with the corporation counsel as to the best method of raising Brooklyn's share of the cost. His honor added that he looked upon this as one of the greatest undertakings the city had ever contemplated. It was the first time that anything had been brought forth which was calculated to moot the existing requirements and ho trusted that it would become an ac complished fact.

He should do everything in nis power to aid the commission to carry out this plan. Whether the cost would be raised by assessment, by a bond issue or in the tax levy would have to be very carefully considered. Mr. Blackford said that the commission would meet Corporation Counsel Burr to mor row night. Mr.

Hobbs suggested that a part of the cost might be placed on the property to be benefited and the balance upon the city. Mayor Wurster said that the improvement would Increase the assessed valuation of property south of Atlantic avenue sufficiently in five years to pay the entire cost. Mr. Phillips said ho had been nformed by prominent residents of the Twenty fourth ward that the Improvement would Increase ma sessment values there at least $20,000,000. Corporation Counsel Burr then asked: "Has the commission considered the question of title of any corporation to the roadbed of Atlantic avenues?" It was explained that tho Long Island Railroad company pays a rental of $60,000 a year to the Atlantic avenue Railroad company for the use of the center of the street; that tha Long Island company is willing to surrender its right to the surface, and that the Atlantic avenue company is willing to give up the rental in return for the privilege of running trolley cars In the place of tho tracks as they now exist.

The commmission adjourned to Saturday night, to meet at the Union League club. The Commission's Report. Office of the Atlantic Avenue Commission, Brooklyn, January 8, 18'J7. To His Honor, the Mayor of the City ot Brooklyn The commission appointed by your honor, under authority conferred by the legislature of the state of New York, chapter 394, laws of 1S95. entitled "An act to authorize the appointment of a commission to examine into and report a plan for tho relief and improvement of Atlantic avenue, in the City of beg leave to submit the following preliminary report of their deliberations and conclusions to date.

The commissioners were appointed by your honor May 1Mi. On June 3 the commission met and organized by the election of Mr. Eugene G. Blackford, president, and Edward F. Linton, secretary.

Rooms were secured for the use of the commission in the re.tl estatn exchange. No. 1S! Montague street, wherein the meetings have been held from time to time. Stated public meetings have been heid they having been duly ad vert teed in the Brooklyn papers; ten such hearings in all have been had. A large number of people.

Including representative citizens, property owners, public officials and disinterested civil engineers, were invited and have appeared before the commisslson. The interest shown has been of an intense character. A largo majority of these who appeared before tho commission were strongly opposed to a surface railroad operated by steam up. any part of Atlantic avenue. The general condition or Atlantic avenue as a thoroughfare, aside fro in the operation of a steam railroad thereon, was the subject of strong condemnation by all.

Arguments looking to a remedy for existing evils chiefly favored depressing the tracks from Fiatbush avenue to the city line. In fact this treatment of the problem yeemcd to be the popular wish. Very many desired to have the railroad re movel entirely from the avenue. Many suggested an elevated railroad. The past history of railroad activities on Atlantic avenue was rehearsed at greaL length.

Estimates have been submitted by distinguished engineers and others as the cost of depressing tracks, as well as the cost of an oievated railroad. Thev have varied from to S5.O00.UO0. These estimates, however, have no: included the cost of the deposition of water and sewer mains or other substrata conditions. No practical financial plan providing for such cost has been submit ted by anyone. The commissi jn has personally visited and carefully Inspected the physical conditions of Atlantic: avenue, from Fiatbush avenue co WooJhaven.

and havo found it deplorable, worse than an average country road and unworthy of an enlightened and prosperous city of l.i.ion.liuo inhabitants. The circumstances which have contributed to this condition are I too well known to require lengthy comment nere. Valuable Information Relative to Subways Gained in Boston. The commission deemed it wise to visit the city of Boston. Mass.

(where the problem of congested street railroad travel was being solved by the construction of a subway, under tho direction of a commission ipoiatctA.