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

THE BROOKLYN DAILY EAGLE. NEW YORK. SATURDAY. APRIL 14. 190G.

nation toward those conspirators. Priall MISCELLANEOUS. DEFENSE IAI MILES CASE OUTLIED BY CHISEL I 1010 AT THE BE to another as if trying to see what it all meant. She is not a handsome woman. She is rather small and dark.

The seit'-pnsses-sioo that had been so characteristic her from the time of her arrival with Gorky this week seemed to have deserted her. After promising the explanation Gorky and his party went down the elevator, and Gorky and Mrs. Andreieva left the hotel. Oaylord Wiltshire and Gorky's adopted son, a little, dark young man, remained in the hotel. Mr.

Roblee Has a Warm Talk With Mr. Wiltshire. It was not long before Wiltshire was summoned colore the angry proprietor. The wealthy socialist friend of Gorky tried to explain that thee was no wrong in the situation. He told Mr.

Roulce he had never thought of deceiving hiui. He said that Gorky's friends over here knew before he came that Gorky was separated from his wife and was living with Andreieva. He talked of genius being superior to narrow conventions, but Mr. Roblee was in no mood for 6ueh talk. "I am running a high class American hotel." said Mr.

Koblep. "This is a quiet, family hotel and so long as I have bad it I Easter at the Steeplechase Grand afternoon and evening at Promenade Concert by the famous "Steeplechase Band" of fifty soloists, and Royal Ballroom String Orchestra of thirty On this occasion the happy sons and daughters representing all the boroughs throughout the greater city will vie with each other in making most brilliant nature beautiful, ornamented by art's magic handicraft. The magnificent ''Steeplechase Ballroom" will form the setting completing this L'aster's most gorgeous of fashion spectacles. The great Pavilion will accommodate 25,000 people. Title Guarantee and Trust Company.

Receives deposits subject to check or on certificate. Interest allowed at best permissible rate. Performs all the functions of a Trust Company. With iti extensive equipment, it large resources, its wide range of experience and activities, it is able to serve its clients in more ways an! with greater thoroughness than any other similar institution. Finance Committee in charge of Banking interests O.

H. Kelser. CharlM A. Iv.body, President. Jacob II.

fschiff, F. T. Bedford, Jurae Kdirar L. Mat-iron. Kdwirtl ().

Stanley. William H. Nichols, Byrond VI--PrTii(Int. Jim B. Ollpbaut.

li ft Banking Iwp t. TiTlEGUARANTeE AND TRUST C9 Capital Surplus, S10.000.000 H8 Broadway, New York. 174 Remaen Street. Brooklyn. Brooklro Bin king Dent.

108 MonUcue St BOTH FOOD AND MEDICINE. We like best to call Scott's Emulsion a food-medicine. It is a term that aptlv describes the character ana action of our Emulsion. More than a medicine more than a food, yet combining the vital principles of both. It is for this reason that Scott's Emulsion has a distinct and special value in all wasting diseases.

There is nothing better to remedy the troubles of imperfect growth and delicate nealth in children. The action of Scott's Emulsion is just as effective in treating weakness and wasting in adults. SCOTT BOWNE, 409 Pearl fitrett. Nw Ywfc II HEARST JAB AT COLER; Organ Accuses Borough Pres! dent of Aiding Bush Terminal "Grab" of Streets. MAY MEAN GENUINE RUPTURE.

And in That Case Coler's Likely to Try Reforming' Democracy Accusation Denied. An attack on Borough President Coler In the columns of the New York American to day marks the first open breach between William Randolph Hearst and Coler. It has been an open secret to Coler's friends for a long time that tho Brooklyn Borough president regarded Hearst as the fortuitous leader of an inevitable crusade, and was not a Hearst enthusiast. It was not made clear until to-day that Hearst was ready to declare war upon Coler. Coler, as is well known, was elected on the Hearst ticket.

In all interviews for publication Coler has said: "Hearst is my candidate for governor." But Coler, the politician, and Coler, the man, have been two different persons. Coler has never shown any irrepressible impulse to throw his hat into the air at the mention of Hearst's name, and what he has said about Hearst has meant nothing more nor less than that Coler was In sympathy with the movement to throw off the shackles of machine politics. In the American to-day Hearst openly ac cuses Coler of conniving at a grab of city land by the Bush Terminal Company along an extensive area of the water front lo South Brooklyn. Coler replied to the charg- to-day by showing the legal aspects of the fight the Bush Company has been making for) years. He does not regard it as moralljl right that the Bhould be permitted) to grab the land in question, but Is by tho opinion of Corporation Counsel Da lauy.

Borough President Coler denied wits env. nhasis and thoroughness the truth of thm story printed this morning to the effect that he and Corporation Counsel Delany havs per niitted the Bush Terminal Company to ao( quire street rights against the publio Inter ests on 4he Bay Ridge water front. As the Bush Company has been in sown sion of its present property for year an 3)1 has acquired absolutely nothing in the way) of land or privileges since Mr. Coler came1 Into office, three months ago, denial wouli seem to be superfluous. "The yarn is ridiculous," Mr.

Coler salffl to-day, "and scarcely deserves a denial." The clash is Important only from a bo-. lltical point of view. It means in all pjob-abillty an open rupture between Coler and the Hearst forces and the return of Coler to Democracy. If he enters the field as a Democrat. Coler Is sure to be an Important factor me nnai adjustment ot the present con dition ot chaos in the Democratic party.

A'l a CnnvPnlPMrA tn ttl nilhlli- tUa V.crrla hnm established a special telephone service to th Hrook yn Stat tn of (he Weatha. Bureau. Persons desiring: information concerning past conditions of the weather, the daily indications, official temperature, meteorological readings or other reconis can secure it by using Xo. 571 Indications Until 8 P.M. To-morrow.

Washington, April 11 For Eastern New York: Rain to-night; warmer in central and northeast portionB; Sunday, rain and cooler; brisk to hlsh south winds, shifting to wear. Local Probabilities. Rain and warmer to-nijrht; Sunday, partly cloudy, with occasional rain; brisk southeast to south winds, shifting on Sunday to westerly. Official Temperature and Wind Head ings. Parrell and Grief, who sought to ruin Mo Mahon and Scanlon.

"Why did Miles have so many claims? Why were his claims given 80 much atten tion? These are questions we will have to answer. was once assistant district attorney. He retired from that office and took up the sewer claim cases. He met with success he defeated the city. "McMahon couldn't help Miles, or anyone else.

Miles was a successful prosecutor of these claims. Because he was successful claims came to him. It wouldn't have been remarkable if Miles had got larger allow ances than other lawyers because Miles, I have said, was successful. The city was losing every case that Miles brought suit on. A better class of claims came to Miles because of this fact.

"But I'm going to show you that other lawyers got good allowances. It was in famous for the prosecution to show the per centage of Miles allowances with the per centage of allowances of certain picked law yers. who bought claims from Fescne, OBITUARY, Calvin W. Witney. Calvin W.

Witney, for fifteen years a clerk In the Board of Elections of this borough died Thursday at his home, 820 Marcy ave nue, after a short Illness. His death was due to htart failure. He was 51 years old and had lived in Brooklyn nearly all nis lire, His widow is a daughter of Charles Carroll Sawyer, the song writer of Civil War times, and the composer of "When This Cruel War Is Over," "Swinging In the Lane," Peeking Through the Bars" and many other popular songs. Mr. Witney was a popular member of Brooklyn Lodge of Elks, Long Island Council, K.

the Masonic order and the Regular Democratic Club of the Seventeenth Assembly District. His parents, a brother In-law, Walter F. Duckworth, and a sister, Mrs. Ida Steele, survive him. Funeral serv ices will be held at the home of the latter, 4RS Putnam avenue, to-night at 8 o'clock, The interment will be held In Evergreens Cemetery to-morrow.

John F. L. Eichhorn. John Frederick Louis Eichhorn, a rest dent ot the Eastern District for sixty years, and for many yeai'B a wholesale grocer at Broadway and Myrtle avenue, died Wcdnes day last of old age at his residence, 20 Stuy vesant avenue, where to-night, at 8 clock. funeral services will be held.

He was an honorary member of the Williamsburg Saengerbund. was born In Germany, Septem ber 11, 1S2S, and for forty years naa inaae his home ill the old Eighteenth Ward. He leaves lour sons. Louis, Jacob, Henry and Frank, and a daughter. Mrs.

Amelia Miller. His wife died three years ago. The burial will be in Evergreens Cemetery. Frank Pfeiffer. Frank Pfeiffer.

a lifelong resident of the Twenty-first Ward of Brooklyn, where he was born April 29, IStil, in the family resi dence at Flushing avenue and Delmonico place, and who was the son of George and Augusta Pfeiffer, will be burled to-morrow forning from his home, 210 Floyd street Interment being In Evergreens Cemetery ne was a memoer oi ueuong uouncu, n. and leaves a widow, a son and, a daughter. James H. Springer. James H.

Springer, American consular agent at Cardenas. Cuba, died April 12, at his post In that city. Mr. Springer was consul at San Juan de los Remedios, Cuba for fifteen years prior to the war with Spain, and was the last consular representa tive to leave Cuba after our consuls were recalled. A mob of Spaniards threatened his life, but he refused to lower his flag, and finally the mob withdrew, intimi dated by his bravery.

Mr. Springer was a descendant of John Alden, Elder Brewster and Judge Edmund Qulncy. His ancestor. Captain Nathaniel Springer, bore arms is the War for Independenee. James Fraser Marsters.

James Fraser Marsters, who for forty five years has had a sporting: goods store at 53, 65 and 57 Court street, and who was known to all the fishermen and devotees of sport in Kings County, died yesterday at the home of his brother, George at the corner of Tenth avenue and Forty-ninth He had been-- paticrtt sufferer for'' several months from a complication, orf diseases, and his death, was the result of heart failure. Mr. Marsters was born in Halifax, Isova Scotia, November 27. 1839. and Joined his brother here in 1861, when he ripened the first sport-Ine goods store in Brooklyn.

He was an authoritv on all matters relating to his busi ness. For several years he had maintained a ranch in Oregon for the breeding of line horses and went there every year. He had purposed relinquishing his business here and devoting himself entirely to the raising of race horses, but illness prevented. His son, James was in charge of the ranch and came back to Brooklyn some months ago. Mr.

Marsters was a faithful member or tne Warren Street M. E. Church, and in His earlier life-was an ardent fisherman. He is survived by two sons. Funeral services will take place at the home of nis Drouier tomorrow afternoon at 1:30 o'clock, the Rev A.

W. Byrt officiating. Albert Hickman Payne. Alher Hickman Payne, a long time resi dent of Brooklyn, died at his home. 33o Fenl more street, Thursday, aged 58 years, of pleuro-rneuraonia.

He was a member of Aurora Grata Lodge, F. and A. Fort Greene Council. R. and of St.

Mark's K. Church. He leaves a widow and three daughters. Funeral services will be held at St. Mark's P.

E. Church, Eastern parkway and Brooklyn avenue, to-morrow afternoon, at 2 clock. The Eev. Sylvester Kornmaier. Funeral services over the remains of the Rev.

Sylvester Kornmaier. who died suddenly, of heart failure, last Tuesday, were held yesterday afternoon in the Second Baptist Church, Evergreen avenue and Woodbine The Rev. A. P. Mihn, pastor of the church, and other prominent Baptist minis ters, eulogized the deceased pastor.

Ho retired from active service about ten years ago after being In charge of the First Baptist Church of South Brooklyn for nine years Short services were first held In his late home, on Napier avenue, Richmond Hill. The Rev. Mr. Kornmaier is survived by a wddow and eight. daughters.

He was born In Southern Germany fifty-seven years ago. and came to this country at tho age of 22. He was well known in Brooklyn and Richmond Hill. HIGH WATER. A.

1. 1' F.M. linnrnfr. of Time Time: Heidi! Illei II. II.

i F'-et. Now York. 0:40 SanrlyHnok; 0:21 1 I' 3.S 3,9 Astronomical Events. To-night and To-morrow Morning. Pun srta 6:34.

rises Mnnn rlpes 12:4 A t. Moon's 21 (ins. Moon farthest aoiith. 6 A.M.. planet Mercury at descending node, croaslng sun's Fart downwind.

BROOKLYN AND QUEENS FIRES. Report of Area and alarms of fire received at Fire Headquarters, 365-367 Jay street, during the 24 hours ending April 14, 1906: April 11. 7:3" -M OriRRS avenue, nix story brick; diimaKe to sUH-k trifling. April 13. 11:31 A.M.

Kuut of Twenty-fourth street, feni-e; tiiflfng damug'. April 13, 1 "0 P.M. U3 Willow street, four story frame, no April P.M. S-rJ Front street, rear, thre story tjrtc-k; im loss. April 1.1.

1:20 P.M. 3fi Centrnl avenue, two story frame; daniape to building nonu, damage to stock trirtiriK- A'Til M. l-i- r.M.-Kast Twenty-third street, betwern Avt-nues and P. one and a half stuiy fian. ilHinan' to building and stuck total.

April 13. P. M. Orange street, near Van Alst avenue, I-oiiff Island "it v. one story frame; damage to bui'ding and stock total.

April 13. P.M. (2 alarms)-l-2rt Nassau street, fix story brick; damage to building damage to stink trilling. April n. P.M.

nt Third street, CVmy Island, between Avtiiues and Y. meadow gras.i; no loss. April IS. 7:1," P. M.

West Kighth street, near Surf avenue, manure no lows. April 13, P.M. 279 Evergreen avenue, thrre story frame; dnmage to none. April P.M. Nostra nd avenue, 'our stcry frame; damage to building none.

April 11:40 P.M. South street, near Brere-ton. Jamaica, two story frame; damage to building none. April 14. A.M 2f'2T Fulton at reft, three Ftr.iy brick; damage lo building none, damage to stock slight.

April 14. A.M. S-' Stigpi street, four sr.ry fin me; damage to building slight, damage to stojti nun. Two Trains Moving Toward Point of Came Together with a Crash. panic; tie-up for three hours Nobody Badly Hurt Deep Uncertainty as to Which Train Had the Eight of Way.

A Itidgewood and a Lexington avenue train on the elevated structure at the bridge came together in what, is known as a "side-wipe" collision at 7:15 o'clock last night. There were several persons Injured, mostly slightly by flying glass and splintered wood, but the mishap tied up traffic on the elevated lines for three hours and caused no end of discomfort to the pn.hlic. was lucky that there were not many seriou3 casualties, but that was largely due to the fact that both trains were going at a slow rate of speed. The trouble was that the motormen, each malting for a common point at which two tracks converge Into one, were apparently trying to get ahead of each other. Instead of either being "cut off" both got in the mix-up.

A Lexington avenue train with five cars in tow and in charge of Motorman James Col ton, of 82 Drew avenue, Union Course, drew into the Brooklyn terminal ex 7:15. The train took the north siding at the Brooklyn platform and discharged several passengers there. Close behind the Lexington avenue train came the Ridgewood train, which stopped at the south platform to discharge a part of its load. This train was In charge of Motorman Charles Uoppel, of 44 Clay street. Both tralno were "rung off" by the starter at about the same time and both made for the single track simultaneously.

Just why they did not stop at the where there arc signals, is not explained, but the fact is that both made for the same track at the same time, meeting at the converge of the and coming together, motor car to motor car, with a crash, and a jar, and a splintering of glass, and a shock which sent the passengers flying from their seats. The lights went out and the windows wore broken and the tumbled about people were stricken with a panic which made them run for the doers. They did not know what had happened and they did not know either, when they might be crunched up into bits if the grinding and thumping did not cease. But the trains were at a standstill immediately and pretty soon the passengers found out that they were in no danger of tumbling to the street or of being roasted alive by any vagrant current. Tho motor car of each train had contained about forty passengers each, and after the trains came to a standstill and it was clear that there was nothing worse to happen they became quiet.

The front part of each motor car had been punched off the track and the forward trucks of each were twisted to the sleepers. The man in the tower house had witnessed the accident ami at once gave the signal to shut off the power. Then the passengers were enabled to get down to the track and the injured were caried. very much frightened, but not badly hurl, to where they could easier get medical attendance. They were assisted back to, the, platform, not far away, by the trainment and the.

passengers who were unhurt and who had recovered their wits, and there an ambulance surgeon attended them. The more badly hurt w'ere William B. Converse, of 354 Gales avenue, who was badly bruised in the back by being thrown from his seat, and Frank Arnold of 083 Jamaica avenue, who was cut on the face and hands and was bruised on the body. The two men declined to bo taken to the hospital and the railroad corapanw furnished transportation to themto their homes In the automobiles of the corporation. The officials of the company declined to talk about the accident last night and also said that whife there would be an Investigation they could not then place the blame.

But it is alleged that the signals were set all right and that one of the motormen should have stopped and should have given tne otner tne right or way. A number of people whose names were not. secured by the police were cut. bv the flying glass and the wrecked fittings of the cars. The company will probably hear from those passengers later.

JAMES A. BAILEY BURIED. (Special to tho Eagle.) Mount Vernon. N. April 14 The funeral of Jutnos A.

Bailey, the world renowned circus proprietor, who died at Mount Vernon on Wednesday evening, was held this nfternoon from his late residence, railed thp Knolls, on the outskirts of Mount Vernon, and was attended hy a large number of relatives, friends and the members of the executive staff of thn Barnura Bailey Show Company, of which he was the head. The services were eonducted as privately as possible and the outside public was not admitted. The services were held in the drawing room of the big mansion. The casket was almost hidden hy banks of flowers. There were floral tributes from friends from all parts of the world.

Colonel William F. Cody Bill') who is now in Italy with his show, cabled to his American representative to send a big wreath as a memorial to his dpparted fripnd. The freaks and performers raised a larie sum lor the purchase of several hig wreaths, a broken column and other floral pieces. The hostlers, workingmen and the Benevolent Order of Tiger, an organization of circus raon for mutual aid. sent floral pieces.

The services were conducted by the Rev. If. If. Beattys. the pastor of The Chestnut Hill Methodist Church, and after a short service tho remains were taken to VVoodlawn and placed in tho Bailey mausoleum.

It took more than one hundred carriages to convey the mourners from the church to the cemetery. Three carriages and another wagon were used to take the great mass of flowers from the house to the last resting place of the dead circus owner. An Extension Telephone is a second telephone connected to your main line and placed where you will have the moat use for it. An Extension Telephone in the Home saves running up or down staira to use the telephone. An Extension Telephone on Your Desk at the office will save you much time and annoyance.

An Extension Telephone at the Bedside permits you to receive night calls without inconvenience. 77.0 Cos! of an Extension Telcphcno im only SI Month (in Connection with Message Rate or Residence Contracts Call our Contract Department, OtCt Mum lor further information. Two New York and ftewJepaoy Telephono Company 81 Willoughby Street 1 it Compromises Even at High Figures Wise, Because the Juries Gave Him More. "MC MAH0N SAVED CITY MONEY" Ilotions to Dismiss Denied by Court. Stapleton Talks About "Maliciousness." The opening speeches of counsel for tbd defense In the trial of Lawyer William O.

Miles, Martin J. McMahon and the other de fendants in the sewer claim cases were mads to to the jury In Part II of the County Court this morning after motions to dismiss the Indictments and Instruct the Jury to acquit had been denied by Judge Crano. The line of the defense of Miles and Wan- dell, Casey and Weljs, all employes of Miles, will be their Ignorance of tho fraudulent nature of the fraudulent claims put In through their agency and a lack of any intent to defraud the city in putting In claims which they knew were padded. The court will be asked to instruct the jury that It is not unlawful in the criminal sense to file claims that are padded or exaggerated. A3 to a conspiracy with McMahon, In tho Controller's office, to sccuro excessive allowances on the Miles claims, an attempt, will be made to show that Miles did not care aenap of his finger what McMahon al lowed, since he almost Invariably won his cases when ho carried them to court, and often got more than the examiners or McMahon had allowed.

Mr. Clarke, In rebuttal, expects to ahow, however, that most of the judgments secured in court were secured on the Controller's figures. The line of defense of McMahon and Scan-ion, former chief examiner and assistant in the sewer claim department, will be to show that all they did In reference to allowances on Milen' claims and disallowances on claims not represented by Miles was dictated by their sense of duty toward the city; that they made higher allowances on Miles' claims as a rulo because the class of claims filed by that lawyer was better than those filed by most other lawyers, and that many allow ances and increases in allowances were made to tempt the claimant to accept rather than go to court, the defense's claim being that in nearly all genuine cases taken to court the claimant recovered the full amount claimed. In short, Mc.Mahon's defense as outlined by Luke Stapleton, his lawyer, is that he was saving the city money by substituting allowances where disallowances had been made and by increasing other allowances, because tho McMahon allowances were accepted by Miles, whereas If McMahon had not interested himself Miles would have gone to court and recovered much more money, beside stocking the city for costs. Court Overrules Defense Motions.

A very interesting argument between Judge Brundage and the court and Mr. Stapleton and the court on the validity of the Indictments in reference to the proof occupied the first hour of the session of the court today. Judge Brundage repeated all of his former motions for the dismissal of the indictments against his four ciients, and made new ones, on, other He argued that no allegation of the indictment, had been proved, that there was no evidence of art agreecmnt or conspiracy qmong tho defetfd-ants to present auy fraudulent sewer claim, and that there was no proof of the falsity of tho Borecka claims, the presentation of which was the overt act alleged in the In dictment. He also argued that if any crime had been committed the County Court of Kings County had no jurisdiction because the crime was consummated and the conspiracy put into effect by the filing of the claims In the Controller's office, in New York County. "The alleged overt act being insufficient to consummate a conspiracy, the alleged conspiracy could not be effected to any purpose until the claim of Borecka was filed in New York," said Judge Brundage.

Judge Crane, in denying the motion to dismiss on this ground, held that if a conspiracy be concocted in Kings County, to commit a crime the courts of the county have Jurisdiction to try the defendants, no matter if the overt act be completed in another county. "The overt act Is not the said Judge Crane. "The overt act must be alleged and proved, but it is not necessary that it be completed by auy one of the defendants, but they all may do it together." The John Y. McKnne and Tweed cases were referred to frequently, and decisions In these cases quoted by both counsel and the court. In denying Judge Brundage's motion to dismiss the indictments because the overt act alleged therein was the filing of a false and fraudulent claim for Martin Borecka, whereas Borecka, as the evidence showed, had suffered some losses.

Judge Crane said: "Is the Twetvl case it was held that the claim need not bo false in toto to be fraudulent, but if false in part. It is fraudulent. That was carried to the Court of Appeals." Mr. Stapleton made motions for the dismissal of the indictments against his clients. McMahon and Scanlon, and also that the court instruct the jury to acquit them, all of which were denied after argument.

Some of Mr. Stapleton's motions covered the same grounds as Judge Brundage's. Mr. Stapleton further asked the court to instruct the Jury to acquit his clients on the ground that tho city could not. conceivably have been defrauded out of a dollar by any act of theirs, since tho, city charter mada it the duty of auditors to pass upon claims presented to the city.

A Question for the Jury. As to this point. Judge Crane said that he thought it was a question for the jury to decide whether or not the acts of McMahon and Scanlon were such as to deceive, the auditors who passed on the claims after leaving McMahtm's hands, Mr. Stcpleton. in opening his address to the jury, said that at the beginning of the trial be ihouelu the district attorney was wofully misinformed as to the facts; now he was of tho nninion that the prosecution of McMahon and Scanlon was "wicked and malicious." Is McMahon?" asked Stapleton.

"He is a man was employed twenty-two years by one man. and who left that employment only because the firm went, out of business." "1 will produce as a witness in this trial Edward M. Grout, former Controller of this city, who will swear that McMahon was an honest, faithful and conscientious servant of the city. I will also produce Janus F. McKinney.

the former chief of the division ot law and adjustment, and Bird S. Coler. the Controller who preceded Mr. Grout, to swear to the same thing. In addition I will produce many other witnesses of character, like K.

Percy Chittenden and William J. Carr. "McMahon Had a Right to Change Reports." destroyed sarred reports? McMahon had a right to disregard reports. The Controller will tell you th.it. Mr.

McKinney. the former chief of the division, will tell you that. McMahon had a perfect right to disregard, to approve or disapprove of report. "I do not know how to suppress my indig- Disordered Stomachs rirr fjuirk -ft king rlgbt attain by Stuart's lvpfpi.i Tahlcts. im.

mnt that irritate the digestive piniulf win Tievr 1 tn fan they uinke it oi tcr the tmmiciititry quick relief." The tin inability to ituirlttuu out of food, 1 M'tiii'l IiIiik ri'irirHtlvpH don't fi-nfll. Mtiitrt-" I f-pejiKja TaMi'tn help nature do her work, true the Mniiiach to rent aadcure in ic funn. i'rkti, 6u tciiis pur bux lJrugtfUlt, have taken great pains to see that no woman of questionable character was permitted here. I believe I have succeeded. "You must get your friends, Gorky and this woman, out of the hotel Immediately." Gorky's Friends Consider the Actress as His Wife.

Mr. Wiltshire explained that he had arranged already to have them moved to his apartment in West Ninrty-tliird street. Mr. Roblee. was glad to know that this arrangement had been made, as he was fit a hurry In this matter of moving.

Mr. Wiltshire tried to explnin the situation to, the newspaper men so It would not appear so bad for oGrky. He said that his understanding of the matter was that Gorky had separated from his wife several years ago, and that Madame Andreieva had taken the name and nlace of Mrs. Gorky. "She is Gorky's wife, so far as I am' concerned," said Mr.

Wiltshire. "I knew nil the circumstances all along and this publicity will not affect my relations with the Gorkys. They are my guests and will continue to be my guests. Gorky eould not have secured a divorce in Russia, where he was such an unpopular figure In the eyes of the government." A socialist friend of Gorky tried to defend the writer and socialist by saving that the woman was orky's common-law wife and as such had a high standing In Europe. He declared that as Gorky's common-law wife, a relation, he said, was perfectly legal in Europe, she was certainly Gorky's legal wife in this country.

A marriage that is legal in the country where a man came from must certainly be recognized as legal in America," said this friend. Ho was told that the laws of New York recognized no marrlagn while an undivorcetl wife was still living. All of Gorky's friends had to admit that they did not know that, there had over been a marriage ceremony between Gorky and the woman. Watchorn Ready to Investigate the Case If Gorky should claim that the woman with him Is his common law wife such a claim would be no defense against an action to have him deported. The immigration laws are very strict and Commissioner Watchorn said this afternoon that he would certainly see that the woman with Gorky was deported If It were proved she was not his wire, even though she was claimed as his common law wife.

The woman is just exactly on the same level with any other woman In the same position, said the Commissioner. "I am not going to take any action until the matter is presented to me formally but When It Is presented to me formally I shall Investigate, and if it is established that the woman is not Gorky's wife she wil be sent back just as any other woman would bo under the same circumstances, and under the Immigration law providing for the deportation of women brought here for immoral purposes." The Commissioner would not say just what action he would take in Gorky's ease At tho immigration offlco the Gorky ease Is regarded as a very serious matter and one that is likely to give Gorky trouble. The committee to forward the revolutionary cause which was organized by Robert Hunter, the millionaire settlement worker, viuuauiy go to pieces as a result of the exposure. William Dean Howellg and Mark are memoers or this committee neither would say to-day whether or not he would serve on the committee. Mark Twain said that ha would hear from the other twelve members of the committee before announcing any action.

Comments made to-day by Gorky's admirers indicate that he is not the same great hero to them as he was before thev saw him One man who was prominent in the reception to Gorky said to-day that he thought Gorkys mission in this country would not amount to much. This man said that it had been an open secret for some time that tho woman living with Gorky as his wife was not his wife, and lhat this knowledge had hurt Gorky to a considerable extent among certain of his friends who hold to American ideals of the marriage relations. THE COURTS. COrNTY COURT. KIN'GS COUNTY.

CrlTTilnitl calendar. April 18. part Aspinall J. Dnnnnruma, manalaiiKhtrr first degree, Part crane, .1. -William O.

Mile. Martin J. McMahnn, Jyhn B. Frank M. Wandcll.

Jr; Charles M. Wells, Daniel Casey, conspiracy. SURROGATE'S COURT. Calendar for Monday. In of Records, BPcond floor, a 10 o'clock, before ijurroprtte Jaim's wills Ann! E.

Hill. I'lau von GlHhn. Alice G. Miller, Ann )rKnan Marie Metier. Harry D.

Scott, Anna Klmm. tSitluirlne J. Gleisch. Frank Hasp, Marv E. IVwihttl John Graves Grace Hayrlen, Genrae Kngernan find Svdward Kaiser.

Tins Hccnuntlnir in the estates of Fertltnami Munch and William Lamb. Thu estates of Moyo- Kdelin-uitli. Mnry A Williams Denis Hork and Willinm Mollov. vntetfii calendarThe will. of Thomas Sharkey fimi sitaa-tian Schuiger.

The accounting of Krn-Pt von Au. COURT OF SPKCIAT, Second Division of tho City of New York Calendar for Monday, April O'Ktele. .) pre-Minp; Forker. and Wilkin. .1 a.Uto-r 3'Yederick IS.

Bailoy. Assistant District Att-a-nev-l kPeopla vh. Richard Wanwr, Alonzo iutl Davis and John Tlmpson. forest, tish and Kama law; Harold White, ivccivinjf floods John Weller. petit larceny Kdward OVary.

iii-jdecent exposure; Iouin Mominio, I'harlca tond John O'Brien, liquor tax law; Fr.ink VaM'ia, ssault; Frank Calbra. Sunday law; Wvam Huff-ynere. Hmry W. Dennis Mwkin, fjoseph H. McMuIien, jr.

and seault; John Miller, pftit lar nv; Fmlf 3losrerA assault; James Lowell, i-arryinpr a I jiisUd; Paul Domlek. assault; MurrU Koim and Koar Anderson, liquor tax Ian Lri G. IJnd. ipiotor vnhii'ln law: OonrK Lyons. ptit l.in i-ny Parana: Fan el assault 131Iaa Harris, p.

-tit lnr-ceny; Francisoa. Salindina. assault; Lenpl. section fi7o, Penal ('(Hie; Jo-w ph Mciilinviu' fiunday law: George si'ciion 871. penal 'ou; Jrseph Lonec, section 41a, penal John ftfcManun, Richard Murphy and alter xirhnls petit laroeuy; Isadora Lewis, section Penal TWENTY-SECOND SERIES.

This Coupon, together with five others, cut from the lUily or Sunday liagle will entitle the hflder to any series of Eagle Souvenir Post Cards, same to be presented with name and address attached, at any Office. Fcr further particulars see or; another page In Hale. If Yij mall. 2 rrti In stamps must A-'lfirtt nail fo Souvenir TOiT CAHD JEPT.a Brooklyn E-al. Eagle Souvenir Post Card 0 0 0 1 Rain or shine.

Special trains. StseplBchase Racing Season Opens To-morrow. ODELL MEETS FRIEIS, About 25 Manhattan District Leaders May Stand with Him Against Parsons. RUMORS OF PLATT ALLIANCE. Also a Story That Aldrich Is Tired of Reformers The Power of the Governor.

Rcpublienn Stale Cholrman Odell had talks with several of lus friends at the Fifth Avenue Hotel to-day. He was busiest with the reapportionment scheme for New York County, but conferred also with his lieutenants on the general situation. Odell Is not doing very much talking these days. There is gossip of all sorts of new alliunees, by which he is to regain control, but none of ti.em has yet materialized. The report that Senator Thomas C.

Piatt Is getting friendly to Odell was discussed considerably at headquarters this morning. and certain statements made by the old lender seemed to confirm the idea that he will use what influence remains to him to keep Odell in power. The only recent suggestion made by Piatt about the state chairmanship is Representative John W. Dwight, oi Tompkins County. li has apparently been rejected by the reformers, and that has made Piatt angry.

Senator Piatt's personal strength has dwindled considerably lately, though as United States Senator he has a say in patronage matters at Washington. The trouble with tho proposed alliance of Piatt men and Odell men to resist tho President and the Governor is that most of the old Piatt men went over to the reorganizes when the speakership question was being agitated. Tho Wadsworth movement was headed by Colonel (Jeorge YV. Dunn and J. Sloat Kassett and was helped out by state and Federal ofllco holders.

The Piatt Old Guard, which comprised nearly a third of tho state leaders, has disappeared. In fact. Odell seems to be relying on the younger nieu in building up a new machine. Tile statement that Odell and George V. Aldridge bad lunched together early in tho week was confirmed at headquarters today, but tho Odell men said there was no special significance in that and that Odell was broad enough to be on friendly terms personally with his bitterest opponents.

Nevertheless, reports come from Albany that Aldridge is not very well satisfied with his new alignment and may break away sooner or later. No progress seems to be made by thead-ministration faction toward ousting Odell. Washington has been pulling one way and Albany another. However, it has been stated in Albany that as soon as the insurance bills are out of the way Governor Higgins will move in the matter. These bills may be disposed of at the end of next week.

A warm old fight la expected at Albany over the reapportionment plans, which may develop the real strength of the rival factions. Odell has a plan for New York County, but Is said not to bo meddling in Brooklyn at all. It was reported this morning by men wha ought to know that his friends have secured the pledges of twenty-five of tho thirty-live district leaders in New Y'ork County for the Odell plan. There is a Parsons plan also which Governor Higgins is expected to stand for. The reapportionment plans will bo embodied in a bill, which must go to the Governor for approval, and ho is expected to use all the influence he hits to sustain tho antt-Odoli men.

If the scheme should be approved by the executive committee of the county committee, however, it would bo difficult for the Governor to interfere. Colonel Abe Gruber is one of the Parsons reorganizers in New York County who has announced that he will side with Odell on this question. Congressman Herbert Parsons, the presi dent, of tho county committee, said to-day lhat if the Odd! plan contained any im provements on the scheme gotten up bv his friends some of the changes might be accepted. f. however, the design is to rut Sena tor Page.

Charles S. Adh and Otto Rosal- skv out of business." he said, "we will not stand for It. Senator Page has done good service lor the people at Albany, and Adler and lioaalsky have done much for the Re publican party In New York County." Odell is an expert on election ficures and his friends declare he has devised a scheme which cannot he anprnached hv the present management in Manhattan. YOUTH KILLED BY GAS. Necktie Thrown Over Bracket Turned the Cock.

nocktie, tosspfl across thp arm of a pas Jrt it si nick and opciu-d th' rock that turns on the kus, is sunim) 10 have thp fh'ath this nuirnini; Juhn Schrrff, lit; ypars old. of 47r strfi t. i-'lai bush, a bartend i n'hc rmploy hi-. fathT. Adam St'h rff.

of the saim? addrcsv. The son wha Uan dead in his h'd at olok this morn- ins; by his lather, ho had 1 tcrted tin1 odor of gas and traend it to his son's room. Th1 Kas ji't was turned on full. A iHpkiip hum? upon the arm oi tho gas jpt. It is supposed that young SidiPflT un- dressed hurriedly in the dark, when he went i to bod last niht.

and carelessly tnssod the) scarf upon the gas jet. it appears that the jet was a very loosp otic, so that the light eonia.t of the tie with it oprmM it is no evidence of suicide. There SHIP NEWS. Arrived nt New York To-day. AlHur.ea.

fn fr- I r.n''t'. l'l'. It tfi I'r 1-7 i P-'n-i. frrni 1. M.ivi-;.

k. fr'Hi A nt'v Tilling n. 1 1 ni Sailed From Hew York To day. I.iirnnla. nr ijiiffr.rtn-.vn.

MlnneV'nka. fr L-d Nnopll-in'l. Pkl.iiii-.'ii-'hia. 11' tit. Lurent, lor Havie.

MI1EREI HI EVE 01 HIS RETURN TH ITftLY Spartaso Vas Going Home to Live with His Aged Father and Mother. WAS ALREADY ABOARD SHIP. He Came Ashore Again last Night and Was Later Found Dying; in the Street. Whether Casatl Spartaso, a swarthy, muscular, handsome and dark eyed Ituliaii youth, who was about to return to his home in Milan to live with his old father and mother, was the victim 'of a diabolical plot, executed with determination and particular attention to every little detail, or whether ho was the victim of a simple brawl, rmiy never be known, for tho Italian, just past IS years, died in the Island College Hospital this morning from stab wounds in the abdomen. Ho received his death blow in the dark and quiet of last night.

Just after he hud left a steamship at the foot of Dwight street. With seemingly fiendish determination to make every plunge of the weapon fatal, the assailant or assailants of the young man jabbed what was undoubtedly a stiletto Into his body several times. So sudden was the attack that not a cry of despair or a call for help was heard. Just what the motive of the crime was may never be known, for the lips of the young man were sealed from the time he was found. The police, as Is usual In Italian cases, are experiencing difficulty in trying to locate persons who aro at all acquainted with the affair.

The men who have been arrested on suspicion by Captain Dooley and Detectives Molen and McGlooe, of the Hamilton avenue station, merely shrug their shlulders and turn the palms of their handd upward In the true characteristic siyle, to show their Ignorance, or, at least, to profess their ignorance, of the entire mutter. It was slated to-day by a' young man who had had a talk with the Italian two hours before the time he wan 'Stabbed last- night that the young man related to him a story of a struggle to gain a fortune In America that he might make the declining years of his father and mother happy and also Insure for himself the possession of a larm in his native city. Ho spent the greater part of his time in Alabama, since his arrival in America several months ago, but he found the conditions there almost Intolerable. The climate was not suitable for him. and ha decided that he would be better off at home.

He is said to have secured passage on the steamship Lazio. which stops at Naples. Tho ship was to have Balled the other day and was in midstream when a piece of her machinery snapped. She had to put In at the foot of Dwight street to undergo repairs. She is expected to sail to-day or to-morrow.

At 0 o'clock last night Spartaso expressed a desire to go ashore. A friend of Spartaso's told Captain Uooley this morning lhat as he left the ship three men were his companions. Whither they went he knows not, or whether they returned he does not know, cither. He said there was nothing about the three men that made him suspicious. About one hour lntef Spartase wan found in a pool of blood, not far from the dock, by Joseph Lilly, of 40 Dykeman street, a watchman in the neighborhood of Dwight street.

The property thera is Inclosed. The watchman had heard no rrles for help and had not seen tho young man attacked. He realized that Spartato was in a bad shape and notified a policeman. An ambulance was called from the Long Island College Hospital and Surgeon Williams responded. He said the boy was mortally wounded and hurried him away.

A I. 6 o'clock this morning. Spartaso died without regaining his senses. A policeman was nt his bedside, ready to have him identify Francisco Alcssl. Gemaro Santamnro.

Joseph fiosgo. Thomaso Penlsi, Frank Ro-salina and Francisco Carzotla. employes on the ship who had been ashore and who had been arrested. The prisoners were taken to the Butler street court, later and arraigned before Magistrate Dooley. who held them to await liie results of the investigation that- Captain Dooley and his men are now making.

Captain Dooley said he expected to have something more tangible to present to his honor when the case was again called. MITCHELL OFF TO INDIANAPOLIS President John Mitchell, of the Mine Workers' I'nion. said this morning that there is no change in the coal situation and that he will leave by the 0:23 train this evening for Indianapolis, via the Pennsylvania Kail-road. Mr. Mitchell further said that he hid received an invitation from Maxim Gorky, the Russian revolutionist, to.

meet him this at-ternoon to discusa generally (he labor question and although an appointment had been arranged. Mr. Mitchell now found that it was impossible for him to keep it, ow ins to the great pressure of work that required i his at tent ion. Consequent ly the meeting between the two men. which was timed for o'clock this afternoon at the Hotel Belleclnire.

Manhattan, is off, and it is very doubt nil now hether the two will be able to arr.inge a second appointment. GIRL STRANGELY MISSING. av i Helen Richardson. Iti years old. of West Thirteenth street.

Whitestone, a pretty girl, is sriancelv missing from her home, and her um-le. I). A. Skinnell. a well-to-do silver-' of Miinhailan.

with whom she lives, lias asked the poliio to look for her. She left hurr.e on Sunday evening and did not retni'n until night. Site then, is said, appeared much agitated, and would not where she had been. Li a little while she left again and has nut been seen sinee by her relatives. Vhi site her home on Monday tiis'ai the itii'l wire a gray suit, gray cap.

Ma, 1, slnekit.s aal laced shots, she is Ut srrim as aletat feet 'all, weighing leti pmm.ls. Iiuiit hair and blue eves. The girl ha i v.ith her when vile went away, iler unele says lie is at a loss to uuder- I stand her disai pearatn e. as hrr home lite I wn' always hit! she had no love af- 1 aj fur as he kud. I FRIDAY.

APRIL. 13. Wind velocity. Temperature. Wind.

miles. 3 P.M 51 S.E. 12 4 P.M 50 S.E. 12 i P.M..., 49 S.E. 14 6 P.M 49 S.

IS 7 P.M 45 S. 14 8 P.M 4S 8. 9 P.M 45 P. 13 10 P.M 45 S. It P.M 45 S.

I 13 (Midnight) 44 B. SATURDAY, APRIL, 14. 1 AM 44 S. Sill 44 S. 7 3 A.M 41 S.

3 4AM 4.1 5 5AM 42 S. 5 (i A.M 42 S. 3 7 A.M 42 S. 7 8 A.M 44 E. ID 9 A.M 45 12 in A 4o 14 A 47 E.

1 12 (Noon) 47 U.K. 12 1 P.M 47 S.K. II 2 P.M 47 S.E. 14 General Weather Conditions. The western storm was centrHl this morning in the I'pper Lake section, having caused in th past twenty-four hours rain in the Missouri and Mississippi Valleys, sections of the State of Texas and from the central and western portions of the Iike district southward to the coast.

Tim eatrer is conerally cloudy and threatening- in the Atlantic stntefl. with rain in portions of (ieorgia and the rarolinas. With clearing conditions and an increase of pressure in the rear of the stnrm. there 1ms been a fall of temperature. lightly cooler weatner prevailing from the Imko-as southward to Texas and much cooler in the Missouri an.l Misslsclrpi Valleys.

The temperature has risen in the Lake district. Toner Ohio Valley and Middle and South Atlantic States. Nibble 1 Grape-its When a bit hungry. Solid Strength and Comfort. There's a.