The Brooklyn Daily Eagle from Brooklyn, New York • Page 3

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THE BROOKLYN DAILY EAGLE. NEW YORK. APRIL 3. 1906. 3 HOT WORDS IN MILES CASE: JUDGE CRANE WEARIED Warning by the Patient Court 1 to Judge Brundage, the Pris.

oner's Counsel. TESTIMONY IS MONOTONOUS. String of Claimants Who Signed Blank Papers and Were Astounded at What Lawyers Did. The testimony in the trial in Part II of the County Court almost to Miles, a repetition of that given yesterday. In character the alleged sewer claims brought into the case did not differ traudulent, from those introduced the day before.

The evidence applied more directly against Lawyer Miles and two of his clerks, Daniel Casey and Frank M. Wandell, than against either of the other three defendants. This morning was marked by several tilts between District Attorney Clarke and Judge Brundage, counsel for Miles and runners. Judge Brundage has fought every inch of the way since the trial started, and has done it in such a way as provoke irritation on the part of Mr. Clarke, and to-day he irritated Judge Crane as well.

The judge the lawyer that his constant complaints had tired the court. Some Minor Claims. Mrs. Anna Keller, of 119 George street, the first witness morning, testified that she had signed a claim for $180 in 1904, when Casey went to see her. The only damage she suffered was to four old sewing machines which had been out of use for six or seven years.

She said that $25 would cover her losses. She withdrew her claim. The claim was put in for damages to the machines at 26 Cook street. The witness said that she had never lived at 26 Cook street. On cross -examination she said she once lived at 226 Cook street.

Mrs. Emily Linn, of 185 Wyckoff street, in whose name claims were put by Miles for $1,378, testified that she never authorized the runner, Casey, to put in claims aggregating so much. She said she told Casey just what she lost. She really did lose $50 worth of goods. She was surprised when two sewer claim examiners came to see her and told her that she had claims against the city.

"When they read over the things they said 1. decided had lost to it let the sounded matter so exaggerated that I drop." Signed Claims in Blank. Thomas M. Harvey of 728 Halsey street was the next witness. He testified that he signed five blank sewer claims, but did not swear to them before Wandell.

said: "Casey came to see me to put Witness, in a claim for me. I told him I didn't know whether I ought to sue or not, and he said it was all right. Then he gave me the papers, and I signed five claims in blank." The claims, it developed, were for $1,271. The witness said he never mentioned any amounts to Casey, except to say that he had probably lost from $150 to $200. Under cross-examination by Judge Brunfrom but one flood.

dage, Mr. Harvey so said that he had on suffered you signed five claims?" said Judge Brundage, "Yes, but Casey enough." interrupted Judge Brundage. "Let him finish." said Mr. Clarke. "No.

I won't let him finish," snapped Judge Brundage. "I object to these bulldog methods," said Mr. Clarke. "And I object to being insulted." said Judge Brundage. "I've been insulted enough in this case." Fierce Language to Mr.

Clarke. Then turning to Mr. Clarke, Judge Brundage said: "Don't act such a cad." Mr. Clarke said something about losing temper, and Judge Crane warned the disputants to keep in order. Mr.

Harvey said that he had signed the claims in blank and that Casey was to bring them back. "I never executed the papers," said the witness. Mr. Clarke, in -direct examination of the witness. got him to finish the answer interrupted by Judge Brundage.

"The reason I signed five claims," the witness said, "was that Casey told me I had to sign all I five papers to put in one claim." Mary Malley, of 195 Nevins street, identified her signature to five claims, aggregating $1,800. She teetifed that she never authorized Casey, the runner who secured her signature to the papers, to put in such large claims. In fact, no amounts were mentioned by her, and Casey did not ask her help in making out the claims. She said that her losses in personal property amounted to $10, and the foundation of her house was damaged. It cost her about $25 to have the cellar fixed.

"Casey told me to sign the papers, that all the people in the neighborhood were doing so, and I signed," the witness said. It was the familiar explanation; the came that has been given by two-thirds a of the women who have been witnesses in the trial. Casey gave her a written slip, containing a statement of her "losses." Mrs. Malley, it developed, was under the impression that she had two claims. One of them she called the "small claim." It was, she thought, for $35, to cover what she had actually lost.

What she called the "large claim" was the one made out for her by Casey. She withdrew it when the sewer examiner came to see her, she said. Mrs. Bridget Duffy, whose house at 197 Nevins street, is between the houses of two women claimants who had preceded her on the stand, was called. Mrs.

Duffy said she never swore to the claims put in in her name. The claims aggregate $1,844. Her losses, she testified, would be covered by $21.50. Mrs. Duffy said that never signed either of the five claims, chia that her son signed only one of them in her name.

The jury took the papers to compare the signatures. Teresa Smith, a mulatto, the daughter of Minnie White, of 197 Wyckoff street, was called to tell about five claims aggregating $1,257 to which she signed her mother's name. Casey secured the claims, but they were never sworn to before Wandell, as they purport to be, the witness said. The witness went to Miles' office, and Miles himself gave her the copy of the claims. "Did you tell Casey, Miles or any one that your mother had lost articles worth A point for Eagle readers By special arrangement with the London Standard, the cable service of that trustworthy newspaper will be published in the EAGLE every day.

This will include news from all corners of the globe and, with the service of the Associated Press, will place the EAGLE foremost among the evening newspapers of the metropolis. And Worth It PRICE 3 CENTS WE prepare months for so that you may choose in minutes. Each of our Spring models is the result of wellconsidered ideas -each Spring fabric the result of long discriminating selection. The range of choice is the result of our policy that our stock shall contain everything LISHED rect for every age OVER of man and for HALFA every occupation. CENTURY SUBWAY AT OUR DOOR 47 BROKAW I asked Assistant District Attorney Elder.

"No, the witness replied. your mother have any such loss?" "No, sir." In the bill of particulars was an item for damages to French clocks in the cellar. When the claims were offered in evidence, Judge Brundage did not make his usual objection, and Judge Crane called his attention to the omission. Judge Brundage then entered into a long plaint about Mr. Clarke and others always being in his way so that he couldn't hear.

The judge had made so many complaints of the kind that Judge Crane tried to shut him off. "I don't see why you make these remarks," said the court. "I'm getting a little tired of it, and I wish you would stop." Late Testimony Yesterday. Mrs. Mary Galvin, of 425 Warren street, told the jury late yesterday afternoon how Miles put in claims aggregating $1,583 for her for damages to a house which she did not own and had never lived in.

Casey was the runner in the case. He went to see Mrs. Galvin at 425 Warren street, but he evidently got her mixed up in Miles' office with some one at 215 Baltic street, for this was the address given in the claims. A large, portion of the $1,583 was for "damages the foundation of the house at 215 Baltic street." Mrs. Galvin was surprised to find herself the owner of that house.

Some one later. told her it was a mistake, and when suit was brought on the claims recently the address had been changed. There were other queer things about this case. Mrs. Galvin had never suffered the loss of any personal property, but it appeared from the claims that she had lost a lot.

When Casey showed her the list that he accommodatingly made out for her, she testified that she said: "I wouldn't swear to anything like that. It's not right." Willing for the commission he was to get to bear the hurt to the conscience of Mrs. Galvin himself, Casey "You won't to swear, just stand beside me." Then some one else had to take part of Casey's vicarious burden off his shoulders, for Casey is not a notary. Wandell was the man to do it. Mrs.

Galvin testified that the wall of her house had been weakened by the flood from the sewer. She never told Casey how much it would take to repair the damage; in fact the damage has never been repaired, and she was not able to testify what her loss actually was. But she was quite sure that she did not tell Casey that her furniture, carpets and two sewing machines were damaged. THE COURTS. SUPREME COURT, SPECIAL TERM TRIALS.

Day calendar. April 4, 1906. Josiah T. Marean, Justice: 8157. Reynolds.

2975 Rockefeller vs, Philips. 3011 Wolf vs. Wolf. 3015.. Westerdahl vs.

Westerdahl. 3113.. Meyer vs. Albert. 3169..

McMurdo vs. Fitch. 3174.. McLaughlin vs. Buckman.

3181.. Goldman vs. Snyder. 2719.. Maus vs.

Emerich. 2732.. Cohen vs. Simon. 2984..

Ba.leisen vs. Schiff. 3078.. Moltrier vs. Cassidy, 2707.

Sonnehill vs. Cottier. 3184.. Goodrich vs. Goodrich.

3185.. Limborth vs. Bock. 3186.. Barshatky vs.

Keupp. 8187.. Ecles vs. Martin. 3158..

Obernier vs. Auer. 3189.. South Brooklyn Co-operative B. and L.

Assn. vs. Hodgskins. South Brooklyn Co-operative B. and Assn.

vs. Hodgskins. 3192. Levy vS. Wilson.

3193.. Payeleitner Payeleitner. 3194.. Steinhauser vs. Schmitt.

3195. Weaver vs. Weaver. 3196. Simon vs.

Krupitsky. 3197.. Carol vs. Moukman. 8198.

Taylor vs. Mager. 3199. Toratsky vs. Goldstein.

3200.. Kramer vs. Moffett. 3201.. Wood vs.

Wood. 3202. Loin vs. Klein. 3203..

Nolting V5. Nolting. 3204. Gedremus vs. Gedremus.

8205.. Rosiello vs. Levy. 3206.. Henster vs.

Koch. 3207.. Reynolds vs. Wynne. 3208..

Golde vs. Blank. 3153.. Lufty vs. Nassar.

3047.. Peaccek vS. Peacock. SUPREME COURT, TRIAL, TERM. Day calendar.

April 4. Part Kelly, Part II, Sutherland. J. 3431.. Colgan vs.

DeHaven. 3435.. Prondergast vs. Wakehaus. 3439, 340..

Chirdini vs. L. I. El. R.

R. 2342, 2343.. Henry vs. Bancroft. 3147..

Wojerzunas vs. Strauss. 3401.. Higgins vs. B.

H. R. R. 3457.. Krebs vs.

City of New York et al. 3459. Joyce vs. B. H.

R. R. 2423.. Ridgway vs. White.

3464. Newell vs. H. 3466.. Lawson vs.

B. H. R. 3470. Lange v9.

McNamee. 3472.. Reilly vs. N. Y.

City R. R. 3473. 3474. Savastano vs.

B. H. R. R. 3175.

Campbell vs. Realty Associates. 9821. Carlson vs. Interborough Rapid Transit R.

R. 9678.. Hill vs. Wells Fargo Co. 1606..

Marion vs. B. H. R. R.

Highest number reached on regular call. 3506. COUNTY COURT. KINGS COUNTY. Part I.

Aspinall, criminal calendar for April 4, 1906-Edward Loeber, assault, second degree: Julius E. Pettingell, assault, second degree; Joseph Casole, assault, second degree: Jack McNamara, alias O' Meare, and John Ryan. robbery, first degree Part Il, Crane. -William 0. Miles, Martin J.

McMahon. John B. Scanlon, Frank M. Wandell. Charles M.

Wells. Daniel Casey, continued, conspiracy. SURROGATE'S COURT. Calendar for Wednesday, held in Hall of Records, second floor. at 10 o'clock, before Surrogate James C.

Church-The will of Mary Kelly, Lucie A. Lewis, Eva Landwher and Paul G. Smith; the accounting in the estate of Harriet Edsall. Frederick C. Lynde, Mary Morton.

John Eitel, John J. Hammond, Sophie Munch, Cacarius Hagan, Annie Randall. Leonard Salzman and Fredericka Brummel; the estate of Mina Muller, M. L. Catlin, Dennis Rock.

Ellen C. Peck, James C. Kennedy, Leonard Salzman, Eliza C. Neill and Otto Gunther. Contested calendar -The will of Catharine Kordes: the eetate of Jeremiah the accounting of Susan Moran, Mary Cavanaugh and Charity Butler.

COURT OF SPECIAL SESSIONS, SECOND DIVISION. CITY OF NEW YORK. Calendar for Wednesday, April 4. Frederick B. Bailey.

Assistant District Attorney; David Joyce, Assistant Corporation Counsel. People Vs. Adam McCraw, Israel Lanta, assault; Joseph Marcus section 53. sanitary code: Luigi Framcisco, petit larceny; Theodore Colleneyer, liquor tax law: Catherine Zimmerman. petit larceny: Samuel Davis.

section 46. sanitary code: Henry Arnold. section 43 sanitary code: Max Leibaum. John Bosch, George Brand. Henry W.

Junger. Nathan Sherline. John Tiedemann, Henry Adami. Bertha Spath, Victor Stenring, Claus E. Ehlen, Hedurg Zorn.

section 53, sanitary code: Frederick Appollinsari. assault; Margaret Ambrosel. Amodes Giosenardino, Frank Talasho, Samuel Dairdoff, section 53. sanitary code: August Marterth. section 178.

sanitary code. spitting: Nathan Levy. section 79. sanitary code, chickens: Louis Blumenthal, Herman Carpetman, petit larceny: Pasquale Viscounti, section 43. sanitary code; Harry Rodenberg.

assault: Louis E. Hamburg. section 290. penal code: John Quinn. liquor tax law: John Backalari, assault: John F.

Goodwin. section 290. penal code: Oscar Coskenan, section 410. penal code, loaded revolver: Joseph B. Sillman.

Israel Kasper, assault: Thomas O' Hare, section 505. penal code; William Smith. petit larceny: Adam Hinderer, disorderly house. REFEREES APPOINTED. By Maddox, of -William W.

Wingate, SUFFOLK MAY NOT NAME JUDGE SMITH'S SUCCESSOR County Has So Many Candidates, Governor May Not Select Either. BROOKLYN FAVORS MC KEEN. Suffolk County Bar Strong for Judge Jaycox-George H. Furman Favored as Jaycox's Successor. (Special to the Eagle.) Ailbany, April 3-The contest over the successor to the late Supreme Court Justice Wilmot M.

Smith is already assuming shape here and promises to become quite lively. Suffolk County men appear to be confident that they will have the naming of the man who will get the place, but so many candidates have appeared Suffolk there is danger of a serious deadlock: County Judge Jaycox, of Patchogue, and Herbert L. Fordham, of Freeport, seem to be in the lead, with Timothy M. Griffing, of Riverhead, as a possible compromise candidate. Other lawyers named as available are T.

J. Port Jefferson, ex-County Judge Thomas, Young, of Huntington, and Willard Baylis, of Huntington. The man who is appointed now will in all likelihocd get the nomination at the hands of the Republicans next fall. It the appointment, however. should go to Brooklyn or Queens, or any of the Hudson River counties, the people of Long Island think they would have a poor show to get the nomination next fall or any other time.

Some of them fear that the contest may become so bitter that the governor will take somebody outside of the county. Brooklyn Republicans Favor Appointment of James McKeen. The announcement that Judge Walter H. Jaycox, of Suffolk County, is to succeed the late Justice Wilmot M. Smith on the Supreme Court bench is taken as somewhat premature by the Republican leaders in Brooklyn.

Indeed, the Kings County politicians are confident that a Brooklyn man will be appointed, seem to think that ex-Corporation Counsel James McKeen is more likely to succeed Justice Smith than any other Brooklyn lawyer. There is no reflection on Judge Jaycox in the prevalent assumption that he is not to get Justice Smith's place, but the point is made that if the Suffolk County man is named, two courts will be disturbed and two calendare disarranged. Of course, a successor to Judge Jaycox, who is at the head of the County Court in Suffolk, will have to be appointed, and the new man will be equally unfamiliar with the work there 88 Judge Jaycox would be on the Supreme Court bench here. But perhaps the strongest argument used for Mr. McKeen is that he has served on the Supreme Court bench by designation of the Governor for a year, and is thoroughly familiar with' the work.

In addition, the fact is pointed out that the calendar is thousands of cases behind, and that there is practically but one trial judge outside of Justice Sutherland, who is trying the Menges -dollar case, at work in the county. Mr. McKeen in addition to his service on the bench was assistant corporation counsel in charge here in Mayor Low's time, and was Mr. Hughes' assistant in the insurance investigation. He ran for justice against Judge Kelly, and was defeated by a small vote.

Mr. McKeen lives 1 in the First Assembly District. Suffolk Bar Anxious That Judge Jaycox Be Named. (Special to the Eagle.) Patchogue, L. April 3-Reports from throughout Suffolk 'indicate that County Judge Walter H.

Jaycox will be the unanimous choice of Suffolk to succeed the late Justice Wilmot M. Smith on the Supreme Court bench, and that Judge Jaycox's successor on the county bench will be District Attorney George H. Furman. The elevation from District Attorney to county judge has always been the order in Suffolk County, and Mr. Furman's friends say that his transfer to the county bench is the proper and logical course of procedure.

Both men were students in the office of Judge Smith. If Mr. Furman is elevated to the county court there will be a big scramble for the vacancy created in the district attorneyship. There are a score of young lawyers in the county who had announced their aspirations for the Republican nomination for District Attorney six years hence and now that their opportunity may soon arrive there much activity. Most prominently "mentioned as District Attorney Furman's successor are Village Clerk Le Roy M.

Young, of Babylon; Orcutt N. Petty, son of former Surrogate N. D. Petty. of Riverhead; Justice of the Peace Frank T.

Wells, of Amityville; Justice Ralph Hawkins, of Port Jefferson; Ralph C. Greene, of Sayville, and others. Among the motions undecided by Justice Smith before his death were those by the attorneys in the Simpson and Hickman murder cases for an inspection of the minutes of the Grand Jury which indicted the two men. It is thought the motions will not be renewed before another judge. Riverhead, L.

April Jaycox is the was the way a number of Riverhead lawyers and laymen sized up the Supreme Court situation here yesterday when talking of the probable result of an appointment by Governor Higgins to fill the vacancy caused by the death of Justice Smith. "A Suffolk County man should unquestionably be appointed to succeed Justice Smith." said one lawyer. "This county is rapidly growing in population; the legal business increases proportionately. We need a Supreme Court justice nearer than Brooklyn or Manhattan. Then, again, a Suffolk County man better understands Suffolk County cases and can give more equitable decisions.

That is one reason why Justice Smith has been so universally liked -he understood his people and their troubles. It is a well known fact." he added, "that there is not a county in the state where the court calendars are kept so nearly up to date as in Suffolk, and one of the principal reasons is because we have had a justice near at home. "County Judge Jaycox is the logical candidate for appointment. He was Justice Smith's closest friend, understood the late jurist and his ways admirably, and is the one man above all others whom Justice Smith would have suggested if matters had shaped so that he could. And above all he is entitled to the position politically, and by reason of his excellent work as county judge and his ability as a lawyer.

The Suffolk County lawyers are almost to a man heartily in favor of the elevation of Judge Jaycox." A number of lawyers interviewed by the Eagle reporter and some laymen as well, all expressed themselves quite emphatically in favor of Judge Jaycox. Riverhead as a whole would be quite pleased to see Judge Jaycox apointed as Supreme Court justice. U. S. DISTRICT COURT.

Admiralty. In re D. G. Case vs, the steamtugs Wyomissing, Transit. Pencoyd and Taylor Dredging dredge No.

2, their tackle, etc. Libel filed March 29, 1906. for collision, $1.304. with stipulations for costs. In re William Beard, as executor, vs.

the schooner C. P. Dixon, her tackle, etc. Libel filed March 29 for wharfage, $73.66, with stipulations for costs. Order for process entered and process Issued returnable April 11, 1906.

Claim filed by Edwin S. Pendleton, part owner, with stipulations for costs and value approved. Order for discharge entered and notice given marshal. Bankruptcy. In re Harry Cohen, bankrupt, of 175 Christopher avenue, Brooklyn.

Debtor's petition and scheduleg filed April 3. 1906: order for adjudication entered and matter referred to A. T. Stoutenbergh, referee. Liabilities, asgets.

$304. There are thirty-two creditors, principal among whom are Thomas Bayden, Roscal Lumber Co. and Thomas Burton, Douglas Manor DOUGLASTON. LONG ISLAND. A beautiful private park 100 years old, containing 2,500 restricted lots.

Over a mile of Shore Front covered with grand forest trees. 20 minutes from Broadway when Pennsylvania Tunnels are completed. Send for maps, beautiful colored views and free tickets. RICKERT-FINLAY REALTY York. West 34th Street, New OBITUARY.

Cemetery. Robert Rich Thomas. T. LeRoy Morford. Morford, for whom there Thomas LeRoy were held funeral services this afternoon 2 o'clock at 86 Monroe street, with the at Rev.

Dr. John Humpstone officiating, was a well known Bedford section liveryman and lifelong resident of Brooklyn. He succeeded his father, the late William T. Morford, who died in 1890, and he had a large establishment on Putnam a avenue. He was one of the older members of the Liverymen's Association of Brooklyn, and had been formerly its secretary.

He was born in Brooklyn November 10, 1861, and had allived in this borough. Mr. Morford ways was an attendant at the Emmanuel Baptist Church. He was a man of kindly disposition. A constant aim of his life had been the happiness of his mother, Mrs.

Hortense Morford, who survives him, together a brother, Eben P. Morford, who is the superintendent of the Home for the Blind. Mr. Mortord's death, Saturday, occurred at his residence, 51 Quincy street, and came at the end of a lingering illness. His remains were interred in Greenwood Cemetery in the family plot.

Jane Mahoney. A mass of requiem was celebrated this morning in the Roman Catholic Church of the Blessed Sacrament for Jane Mahoney, a resident for fifty years of the Eastern District of Brooklyn, and a former old member of the Church of Sts. Peter and Paul, who had made her home for many years on South Second street. She died Saturday at 40 Weldon street, her residence, a long sickness. She was born fifty ago in gotten Ireland, her maiden name being Dinsmore.

She is a survived by her husband, John Mahoney, two sons, Frank and John, and three daughters. Interment was in Calvary Cemetery. John Christian Fricke. John Christian Fricke, who had been in the employ of the Brooklyn Police Department as a doorman for fifteen years, and who had been a civil engineer before that time, is dead at 701 Bergen street, his late residence. Five weeks ago he was operated on in the Brooklyn Hospital for the removal of a cancer and his death occurred Saturday.

He was born in Denmark fifty years ago, and for nearly thirty years had lived in Brooklyn. He was a member of the Holy Trinity Lutheran Church, the pastor of which, the Rev. Emil Steimle, will conduct the funeral services to-morrow afternoon. He is survived by his widow, Johanna Hansen, two sons, Louis T. and Hans W.

and a daughter, Dore M. The burial will be in Greenwood Robert Rich Thomas, whose remains were to-day interred in the Cypress Hills Cemetery after services last evening at his late residence at 284 Etna street, was a resident of Brooklyn for nearly seventy years. He was born in New York -two years ago. He died of Bright's disease after six weeks ailing. Two daughters, Mrs.

Catherine M. Bell and Mrs. Jane O'Neal, survive him. Mrs. Sarah F.

Luyster. Mrs. Sarah F. Luyster was buried from her late home, at 300 Macon street, Brooklyn, at 2:30 o'clock this afternoon. Mrs.

Luyster died on Sunday and is survived by her husband, Henry Moore Luyster; a daughter, Miss Ethel Luyster, and a brother and sister, Robert M. F. Luyster and Miss Margaret Luyster. The deceased was a Luyster before marriage, being a descendant of one of the'early settlers of Newtown. L.

I. Mrs. Luster was a woman possessing a lovable disposition and was devoted to her home and friends. She was a niece of the late Robert M. Field, who was vice presi dent of the Bowery Savings Bank, In Manbattan.

Charlotte J. Mead. Charlotte M. widow of Edward B. Mead, a merchant in Manhattan for many years, died Sunday at the Hotel St.

George, on the seventeenth anniversary of her husband's death. She was 79 years old and a native of Newburgh. George Rau. George Rau, one of the pioneer hotel keepers of Rockaway Beach, died on Sunday afternoon, of Paralysis in a private hospital in Manhattan, where he wag taken two weeks ago. Deceased was 53 years old, and leaves a widow and two sons.

Funeral services will be held at 7:30 o'clock this evening at his late home, corner of Boulevard and Hammel avenue, Rockaway Beach, and interment will be made in Lutheran Cemetery, to-morrow morning. Deceased was a member of Ottman Lodge, F. and A. and Oceanus Hook and Ladder Company. WRONG NAME ON COMPLAINT.

Paper in Jamaica Court Signed by "Ira G. McIntyre" as District Attorney. Prisoner Discharged. In the Court of Special Sessions at Jamaica this morning Bernard McIntyre, of Long Island City, was arraigned on a charge of assault, the complaining witness being John King, of the same place. The alleged assault was committed on February 17.

McIntyre pleaded not guilty, and, as he had no counsel, former Assistant District Attorney George W. Bartholf was assigned to defend him, Upon looking over the papers Mr. Bartholf found the complaint was signed by "Ira G. McIntyre" as district attorney and not by Ira G. who holds that office.

Lawyer Bartholf at once moved to dismiss the charge and motion was granted. Justices O'Keefe, Wilkin and Forker were on the bench. The case was to have been tried last week, but King was not in court. A warrant for his arrest was issued, but before it could be served he made his appearance, and upon entering the court room was fined $5 for failing to appear when the case was called. An Extension Telephone is a second telephone connected to your main line and placed where you will have the most use for it.

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The New York and New Jersey Telephone Company 81 Willoughby Street COAL REGION AWAITS WORK OF CONFERENCE Shirt Waists made sanitary clean by our dry process. It kills all the microbes and germs. Barrett, Nephews Established Old Staten Island 1819. Dyeing Establishment 482 Fulton St. Goods returned 468 in a 1177 few days 168 Pierrepont St.J it required.

24 other stores in New York. See telephone book for addresses. AMERICAN ATHLETES SAIL FOR THE OLYMPIAN GAMES Big Crowd Cheers the Thirty Men of Brawn as They Depart on S. Barbarossa. SEVERAL ARE BROOKLYNITES.

Members of the Thirteenth Regiment Hired a Tug to Escort the Barbarossa Down the Bay. With the poop deck of the big liner set apart for their exclusive use, the American team of thirty athletes who are to compete in the Olympian in Stadium at Hoboken cartoon familis morning on the North German Lloyd steamship Barbarossa. The Americans said that they would build a temporary track on their section of the deck and keep in training across the Atlantic and through the Mediterranean if the weather conditions continued favorable through the long voyage. There was a shrieking of whistles of all manner of harbor craft when the Barbarossa backed out into the stream and pointed her nose southward toward the open sea. On the pier it was almost impossible to move about owing to the crowd there to biw au revoir and good luck to the departing athletes.

Cheer upon cheer went up from shore and vigorous "tigers" were in the generous cherus of well wieshes. Several tugs were ready at the end of the pie rto take aboard friends of the sailing athletes and accompany the Barbarossa as far as Sandy Hook. Most of the men were sanguine that there would be no seasickness among the athletes. But an athlete is not necessarily immune from the dread malde-mer, and so several of the men looked with dubious hope upon the efficacy of the improvised track and gymnasium on the dek of the liner. About the only ones who were pop-sure that they would be able to report on deck: every day were Daniels, Schwarts, Spencer and Borneman, the swimmers of the team.

Martin J. Sheridan, who is to throw the discus and hopes to beat the Greek champions at their own game, declared that he was never in better form and that the ocean voyage would make him even fitter than he already declared himself to be. Athletes who were present to Did adieu to the team said that co group of athletic champions was ever sent across the seas such as this one that will represent the United States at the Olympain games. With flags flying and the band of the Thirteenth Regiment playing lively tunes, the ocean-going tug Robert Palmer, of the White Star Towing Company, left her pier at the Battery at an early hour this morning and steamed up the North River to the berth of the Barbarossa and at 10 o'clock she followed the Barbarosso as she pulled out into the lower bay. The colors of the Thirteenth Regiment were at the tug's masthead, and underneath were those of the New York Athletic Club and the Irish American Athletic Club.

The former club is the home of Harry Hillman, while the other three members of the Thirteenth Regiment belong to the latter. All then day down the bay the tug kept close to left side of the steamer-S0 close that greetings were frequently exchanged between en the enthusiasts on the tug and their representatives on the Barbarossa. The tug went all the way to Sandy Hook and will not be back until late this afternoon, when a crowd of enthusiasts who were unable to make the trip will be on hand at the Sumner avenue armory awaiting news of the sendoff. Six of the thirty men chosen for this team from all over the United States are from the Borough of Brooklyn, four of them being from the Thirteenth Regiment and two from the Twenty-third Regiment. The tug was chartered by the athletic association of the Thirteenth Fegiment and a large crowd of enthusiasts were at the pier hours before the starting time this morning.

Major Turpin, president of the Thirteenth Regiment Athletic Association, was in charge of the outing and many of the officers of the regiment along the line and staff were there, among them being: Lieutenant Dean, Captain Younie, Captain Kendry, Colonel Thruston, Captain Tyrell, Major Ashley, Major Davis, Captain Fleming, Lieutenant Fincke, Lieutenant. Cooper, Lieutenant Brown, Lieutenant Gray, Lieutenant Herman, Captain Rogers, Captain Grant and Lieutenants Orr and Wright. Harry Hiliman, Lawson Robertson, Mike Spring and Harvey Cohn, all from Company commanded by Captain Younie, were the members chosen from the Thirteenth Regiment. Charles Bacon and Howard D. Valentine, are the representatives of the Twenty-second Regiment.

The men have all been put on a diet for their training during the trip. The banquet which the Thirteenth Regiment planned to give their team just before the departure for Athens had to be abandoned on account of the proximity of the date to the time of the men sailing and nothing that would be a detriment to the training of the men could be allowed. The most disappointed man among the New York Athletic Club members at the pier was Richard Sheldon, formerly of Yale, who was looked to as a sure winner in the weight events. At the last moment Sheldon found that he could not arrange his business affairs SO as to admit of an absence of nearly eight weeks, and he reluctantly stayed at home. The Olympic games will begin on Monday, April 23, and the Americans, after reaching Naples, will go by rail to Brindisi and by steamer to Piraeus, the port of Athens, which they hope to reach by April 20.

I Hope That the Men Will Bury All Resentment and Return to Work. DIFFERENCES ARE SLIGHT. Some of the Questions Which the Miners Wish the Operators to Settle. (Special to the Eagle.) April 3-Will the present suspension of an anthracite mining become A strike? This is the question of the hour in the coal region, where the result of today's conference of operatore and mine workers is awaited with anxiety by all classes. It is so easy to avoid a strike that it is hard to believe SO great a calamity, with its innumerable train of evils, will be lightly precipitated.

If the mine owners and mine workers will take leave at once of their great desire to place ench other at a disadvantage in the public eetimation and proceed to a rational and business-like consideration of the questions at issue, it is believed that they can speedily arrive at an agreement and cause 811 early resumption of work at the mines. In order to do thie, they should dismiss the feeling of resentment which rankles on both sides. The operators are deeply incensed because President Mitchell ordered the miners to quit pending a renewal of the working agreement, and the mine workers are equally put out because Mr. Baer and his associates on the sub-committee of owners published a complete and absolute refusal of all the demands of the men before the general had time to deliberate on the at the time was reconference, garded as the complete severance of all negotiations. Mr.

Mitchell's letter to Mr. Baer, asking for another conference, restored the equilibrium somewhat, but not until part of the discussion, which been considered private, was made public, and this, too, rankles because it presented the president of the United Mine Workers as endeavoring to effect a settlement without plenary power. Mr. Mitchell was quoted as saying that any agreement effected at the conference would have to be submitted for ratification to a general of the miners, which caused question his auconvention. thority.

As a matter of fact it has been Mr. Mitchell's invariable custom to submit every proposed agreement for the continuance of work to the judgment of a miners convention and therein lies his great strength with the men. The power he wields is derived from the majority of the miners themselves, who know that he will not abuse or misuse it. If both sides will eschew all feeling of vindictiveness at the conference which meets in New York to-day and address themselves to the task of making terms they can adjust their differences in short order, for the reason that no such deep-seated grievances exist in connection with the anthracite industry now as those which caused the strike of 1902. The price of the powder used in mining was then a serious obstacle in the way of settlement and there were other great inequalities which were disposed of by the anthracite strike commission.

There still remains the question of an equitable adjustment of wages for certain classes of labor which ought to receive attention, and there are other causes of complaint in various directions that it was impossible for the commission to deal with. The operators "stand pat" on the award of the commission and say they are willing to renew it, but the miners insist that there are certain phases of work even outside the eight hour day, the general wage increase and recognizition of the union, which it left unsettled and which ought to receive attention. The experienco of three years, they aver, has made their grievances more apparent, and they feel that in all justice they should receive consideration. As an indication of the acute situation already the menace of a strike, it is more difficult to obtain coal for private consumption in and about Scranton than in New York. The companies have appropriated all the coal that has been mined, and many persons who ordered a supply from dealers a week ago nave been unable to obtain it up to the present time.

Everybody hopes for an early and peaceful settlement of the situation by the anthracite conference. Wilkes- -Barre, April 3--There is no change in the mining situation in the Wyoming region to-day. No attempt was made to resume work at any of the collieries. The railroads have laid off many of their coal crews and also indefinitely suspended a number of telegraphers. At Forty Fort, near here, a stable boss and his two assistants were assaulted today by three men.

Clubs were used by the assailants and one of the men was seriously injured. Shamokin, April 3-The Enterprise colliery, operated by W. L. Connell of Scranton, was started up to-day, enough non-union men been secured to keep the machinery operation. The colliery having, washery is also in operation and officials say they will ship coal to market.

Pittsburg, April 3--The expected general resumption of work at the mines in this district, where the scale was signed yesterday, did not take place to-day. Reports were slow in coming in and those received indicated that the men were not in a hurry to return to work. But few plants were reported in full operation, others running with reduced forces and many were idle. All the independent plants were shut down and no effort was made to operate them. When the miners' district convention resumed its session to-day, Patrick Dolan, who was deposed last month from the of district president, was present and attempted to preside.

The delegates almost unanimously demanded his removal and upon his refusal to vacate a committee of ten was appointed to eject him from the hall. Fearing the results of the pending injuntion proceedings, however, cooler counsel advised against such summary action. An adjournment for an was then taken and in the meantime a committee of three will apply to court for an order enjoining Dolan from disturbing the meeting. Indianapolis, April 3-All of the national officers of the United Mine Workers of America being out of city, the national headquarters are practically closed. A force of clerks and stenographers is handling the large mail that is pouring in and forwarding it to the proper official.

Indiana operators employing 2.000 of the 15,000 miners have signed scale. These mines are scattered over the state. Four signed last night at Washington and six at Haute. Wellington O'Connor, president of the Indiana miners, went to Evansville to-day to sign the operators of the southern part of the state. He expects all operators in that field to sign at ouce except two.

A. A. WEBSTER JEWELERS and SILVERSMITHS, 440 Fulton Street The finest only in AMERICAN CUT GLASS There are inferior qualities in the market, cut by boys. Also pressed glass cut over. DO NOT BE DECEIVED.

Compare it with the FINEST, and you will pay the small difference in price. ONLY THE BEST QUALITY AT A. A. WEBSTER CO. 00000000000000000000000 0000 THE REALTY MARKET.

000000000000000000000000 0000 The following property was sold at auction to-day: By George Herrmann, at Real Estate Exchange. Third street, 317.10 Eighth avenue, 20x95: Eagle Savings and Loan Company against William H. Cochran et al; Mayor McLeer, attorneys, Montague street, Sold to plaintiff for $2,000 over a mortgage for $10,000 and interest. Fort Hamilton parkway, 8 cor Eightysecond street, runs 66.6 75 65.9 8 93.7 to beginning. Charles M.

Pratt against Ben. F. Morgenstern et al; Alvin R. Johnson, attorney, 189 Montague street. Sold to Charles Jacobs for $10,000.

Avenue K. 9, 92.11 East. Thirty-ninth street, 30x100. Mary E. Busselle against Thomas E.

Coffey et al; Edwin Kempton, attorney, 175 Remsen street. Sold to Samuel E. Klein for $1,990. Pierrepont street, 133.3 Fulton street, runs 72.6 26.10 ne 80.5 to Fulton st, 21.5 26.10 80.5 to Fulton street, 21.5 100 4.1 9 75.10% 5 53.6 to beginning. Title antee and Trust Company against Assembly Catering and Supply Company et al; Edwin Kempton, attorney.

175 Remsen street. Ad- journed to April 17. WEDNESDAY, APRIL 4. By William H. Smith, at Real Estate Exchange.

Eighth street, 8 9, 433 ft Fifth avenue, 17x90. Herman Schierloh against James F. Pope et al; Kenneson, Emly Rubino, attorneys, 15 William street, Manhattan; Er- nest P. Seelman, referee. By Taylor Fox, at Real Estate Exchange.

(Partition.) By William P. Rae Company, at Real Estate Exchange. Throop avenue, southwest side, 67 northwest Walton street, runs southwest 44 northwest 2 west 38.1 northwest 39 northeast 82 southeast 44 to beginning. Henry Becker against Frederick Becker et al: William A. Belcher, attorney, 29 Liberty street, Manhattan; George H.

Perry, referee, Stuyvesant avenue, 301, east side, 66 north Halsey street, 18x83; three-story and basement brownstone dwelling. (Voluntary sale.) Gates avenue, 203, north side, 23 west Classon avenue, 21.6x78.3x21.6x79.6; threestory and basement brick dwelling. (Executor's sale.) Kosciusko street, 487, 489, north side, 385.9 west Stuyvesant avenue, two two-story and basement ent brick dwellings, lots 14.3x100 each, (Voluntary sale.) Sands street, 85, 87. north side, 518 west Jay street, 55.2x irregular, two five-story brick double flats, with stores. (Executor's sale.) Sands street, 129, 131, north side, 155.5 west Bridge street, 59.6x100x58.5x100, two fivestory brick double flat and store buildings.

(Executor's sale.) Jamaica avenue, southeast corner Guion place, plot 100x127.5x100x129.2; vacant. (Executor's sale.) By William H. Smith, at Kings and Queens Co. Real Estate Exchange, Myrtle and Hamburg Avenues. Fulton street, 3048, two-story and dwelling property, lot 25x95.

(Voluntary sale.) Granite street, 73, three-story brick single flat property, lot 20x100. (Voluntary sale.) Bay Thirteenth street, near Benson avenue, two-story frame cottage, known as Ida Villa, plot 9x208.4. (Voluntary sale.) LAWSON'S DIVORCE FIGHT. Millionaire Jute Burlap Manufacturer for Third Time Seeks Freedom From Galling Matrimonial Bonds. There is to be another sensational trial of the divorce suit of William M.

Lawson, the millionaire manufacturer of jute burlaps, against his wife, Lena L. Lawson, whose marital infelicities have been seething in the Supreme Court for many months. The Lawsons are well known in Brooklyn. They were married in 1895 and have two children, Oliver and Ray, over whom, since the and father separated, more bitter warfare even than that over their own differences has been waged. The plaintiff is the son of the late Jacob Lawson, who made a fortune out of the burlap business.

When first trial was had the jury decided in the favor of Mrs. Lawson and the complaint of the husband was dismissed. Later, another suit was begun, and an etfort was made by the husband to get the custody of the children. It was bitterly contested before Justice Sewell who decided again in favor of mother. Lawson immediately carried the case to the appellate division on an appeal from the decision of Justice Sewell, and it is only recently that a decision giving the custody of the children to the father was handed down.

Frank Harvey Field, attorney for Lawson, appeared before Justice Maddox on a motion that had for its ultimate purpose framing certain questions to be submitted jury in the new trial. E. L. Mooney represented Mrs. Lawson on the motion, and on the argument it developed that Justice Kelly had had before him a phase of the case which indicated to Justice Maddox that it would be proper for the same judge to hear the motion.

So he sent the matter to Justice Kelly. It is said that the case will be tried either in May or June. Words Can't Tell how WELL you feel in 10 days after quitting COFFEE and using POSTUM.