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

filed THE BROOKLYN DAILY EAGLE. NEW YORK. TUESDAY. JUNE 5, 1906. 3 -WHITE BOOKS WANTED BY GOVERNMENT Interstate Commerce Commission Attorney Serves Subpena on Capt.

Hoffman. SEARCHING FOR MRS. ROGERS. Eagle's Story of Coal Carrying Discrimination Brings Logan M. Bullitt to Brooklyn.

Logan M. Bullitt, of the attorneys for the Interstate Commerce Commission, served a upon Captain Henry Hoffman, borough, yesterday aftersubpena, noon, calling for his appearance to-day at Circuit Court, in Philadelphia, as a witness at the inquiry being conducted by the commission into the relations between railroads and coal handling companies. This official command for the captain's appearance before the commission the direct result of his published statement in the Eagle of Monday of last week that he possesses information that may lead to disclosures concerning the discrimination of the Pennsylvania Railroad in behalf of the Berwind-White Coal Mining Company. Captain Hoffman, who lives at 2099 Bedford avenue, Flatbush, was connected with the Berwind -White Company for over thirty years, leaving it in January of this year. Mr.

Bullitt attempted also to subpena Mrs. Kate Rogers, of 39 Dikeman street, who is said by Captain Hoffman to have in her possession books containing the tally entries, preserved for years, of various quantities of coal transported by the railroad for the coal company. Mrs. Rogers' deceased husband, Henry Rogers, was a tallier for the coal company, and at his death left his books in the possession of his wife. Captain Hoffman alleges that these books contain entries that will show that a big advantage was given the coal company tallying weights of coal, and that it was figured on a different basis from that used when weighing the coal of competing companies.

Mrs. Rogers is now Mrs. Gibbons -could not be located yesterday afternoon or evening. Occupants of her home declared that she had gone to New Jersey a week ago, while neighbors were willing swear that they had seen and talked with her during the day. Captain Hoffman and a neighbor of Mrs.

Rogers stated that there have been so many attempts to get the books from her since the fact of their existence was reported in the Eagle that she has become suspicious and refuses to be seen. Mr. Bullitt could have used his official prerogative and searched the house for Mrs. Rogers, as information was obtained that she was really at home, but he declined to do so, sending word, however, to Captain Hoffman that "it was up to him" to make good his promise and get hold of Mrs. Rogers and take her to Philadelphia with him.

At Captain Hoffman's home it was learned this morning that he had not gone to Philadelphia, although his subpena called for his appearance at 10 o'clock. His family stated that he had attempted last night to find Mrs. Rogers and was continuing his efforts to-day. He had told his family that he did not wish to go before the commission without the corroborative evidence of the mysterious books. He had left word that he would wire Mr.

Bullitt this morning of his reasons for ignoring the command for his appearance to-day, but that he would go to Philadelphia without fail to -morrow. Whether this will meet with the approval of Mr. Bullitt or not the captain did not state. When Mr. Bullitt gave up the search for Mrs.

Rogers last evening, he said that it the captain failed to make good both his and that of Mrs. Roger's he appearance would send a United States Marshal after them. While unable, at the time, to decide whether the testimony of the two and the evidence that the books may contain will be of use to the commission, he felt it wise to summon them to Philadelphia. When they reach there, it will be left to the judgment of William A. Glasgow, chief attorney for the commission, whether it will be wise or not to place them upon the stand.

In the meantime, Captain Hoffman is looking for Mrs. Rogers. COLD COMFORT FOR PETERS. Made Unsuccessful Effort to Arouse Mr. Coler's Interest in Bedford Avenue Extension.

Thomas P. Peters, a representative Williamsburg citizen, called on Borough President Coler this morning and tried to stimulate Mr. Coler's interest in the project to open Bedford Heyward to the Williamsburg Bridge plaza. streets proposition seemed to be in a fair way to complete success last year, but certain changes in the Board of Estimate have set it back. The matter is now in the hands of a committee of the Board, made up of President Coler, Controller Metz and Aldermanic President McGowan.

Mr. Coler does not favor the extension as planned, agreeing with Colonel Andrew D. Baird, John S. McKeon and other eminent Nineteenth Ward citizens, that the extension means the unnecessary and ruthless destruction of a splendid residence section. Mr.

McGowan is said to hold pretty much the same views as those of Mr. Coler, while Mr. Metz's attitude has not yet been clearly defined. It was said at the Borough Hall that Mr. Peters got but cold comfort from Mr.

Coler. NOT GUILTY OF EXTORTION. Emilio Ferola, of 45 President street, who had been awaiting examination on the charge of attempted extortion, was discharged by Magistrate Tighe in the Butler Street Court yesterday morning. It was charged that Ferola tried get $10 from Antonio Dominico, shoe dealer at 48 la President street, at the point of a revolver. Angelo Macchio, 16 years old, of 372 Columbia street, saw the attempt, but said the prisoner was not the extortioner.

AN INVOLUNTARY BANKRUPT. An involuntary, petition in bankruptcy was filed this morning in the United States District Court against Charles E. Wosan of 275 Thirty- ninth street. There three petitioners represented: A. I.

Nilson, arse Charles R. Crowthers and Edwin D. Seabury, whose claims amount to $789.52. Mr. Wason signed a paper admitting his insolvency.

A Cemetery is not a very pleasant subject about which to talk- -yet it is sad to see how many a business venturemoves on to a -grave yard of reverses for the of proper stimulus. The great remedy for. business ills is Advertising in regular doses--Take small Ads First -Large Ones Later--start with Eagle Want Ads. a JUST MISSED POISON BOTTLE. In Reaching for It, Little Michael Katz Fell and Was Bruised.

By sustaining severe contusions as a result of falling from a chair at his home this morning, 18-months old Michael Katz propably had his life saved. The little fellow was sitting in a high chair in the parlor of his home at 22 Seigel street, his mother was working in the kitchen. A bottle, said to have contained carbolic acid, was close and the little fellow reached out to hold of it. In doing SO the child lost his balance and fell to the floor. He was the severely bruised Ambulance on the face and about body.

Surgeon Ryan, of Shia he Catherine's was left Hospital, home. attended to him FIRE IN AQUEDUCT BARN. Woodhaven Firemen Did Good Work. No Clash Between Merrill and Singer Forces. The Arst Are that Chief Engineer Charles Singer, of the Woodhaven Fire Department, has had to fight since he received his certificate of election last Tuesday, broke out on Sunday night in the barn of William Grabber, on Old South road and Centerville avenue aqueduct.

Contrary to the anticipations of the rank and file of the of the department, there was memberships to the right to command between John B. Merrill, who claims he is the rightful chief, and Mr. Singer. It also was expected that the adherents of Merrill would mutiny and refuse to obey the commands of Singer. But there was no outbreak and everything went along smoothly, The first company to reach the fire and get a stream on it was the South Side Engine and Pump Company, of Aqueduct, under Foreman Glazebrook.

The fire, which lasted over an hour, did damage to the extent of $800. The other companies of the department made record runs, and Chief Singer expressed himself as highly pleased with the work of his men. Foreman Glazebrook distinguished himself by rescuing two horses which were imprisoned in the barn, and whose neighing was pitiful to hear. It is not known positively how the fire originated, although it is said that a man was seen running away from the building before discovery of the blaze. The barn was fully insured.

CROWNED KING OF MARKSMEN Eddie Gramberg, of Hoboken, Winner of Highest Honors at Concordia's Annual Schuetzenfest. Eddie Gramberg, of Hoboken, a member of the Concordia Schuetzenbund, L. and the Hoboken Marine Verein, was crowned king of marksmen at the sixteenth annual shooting festival held by the Concordia Schuetzenbund, at Koenig's Schuetzen Park, Glendale, yesterday. Miss Mary Mayer decorated Mr. Gramberg with the oak wreath and pinned the valuable king's medal upon his breast, while Peter Ollinger, president, on behalf of the association, offered best wishes.

Addresses were delivered by Admiral Charles Clement and Captain Reinbold, of the Marine Society; John Kestler, president of the Concordia Schuetzenbund, and Major Roth, of the Germania Schuetzenbund, W. R. Others scoring a large number of points at the king's target were Joseph Link, August Metzger, Henry Ohlenschlaeger, Jacob Kahres, Lorenz Schineller, J. Rucker, J. Buckhaber, G.

Schneider, Nic Wickel. The festival was opened with a parade in the morning, starting from the headquarters, 1447 Willoughby avenue, and proceeding through several streets of Williamsburg to the park. There were at least 200 members of the Schuetzenbund and the. visiting organizations in line, in fine uniforms, with banners flying, and escorted by a band. The offcers of the Schuetzenbund are: Jacob Kahres, honVorary president; Peter Ollinger, president; Charles Triebe, vice-president; C.

Rothenberger, financial secretary; Conrad Weitzel. treasurer; George Dietz, trustee; William Broessler, supervisor, who, assisted by A. Metzger, L. Schineller, W. Merkel, A.

Hauser, G. Schneider, J. Nasel and Marshal R. Schegger, had charge of the event. Among the many amusements at the park was a prize bowling contest.

M. Gallor, P. Ollinger, J. O'Brien, A. Lolies, A.

Rothmann, Charles Luft, M. Peters, L. Schineller and T. Kabres were the winners. BROSSEAU GOES FREE.

Sentence Suspended, but Two Indictments Are Held Over Him for the Future. John B. Brosseau, of 413 Lenox avenue, Manhattan, and long with Tiffany as superintendent of the repair department, was to-day discharged by Judge Foster in the Court of General Sessions, Manhattan. Foster in suspending sentence on Brosseau, who is 59 years old, said that the case was a hard one to dispose of and that he would suspend sentence on one of three indictments for forgery and hold the other two over his warning Brosseau to be careful in the future. Brosseau was implicated in the juggling of the payroll of the jewelry firm, but the company did not prosecute.

SIX MISSING FROM HOME. Three Boys, Two Men and a Woman Are Sought by the Police. General alarms were sent out from 10- cal police headquarters to-day for six missing persons. Freddie Dever, aged 13 years, of 33 Lawton street, and Harold Lee, 11 years old, of 744 Bushwick avenue, left their homes Sunday. Reuben Jeruskowitz, aged 11 years, disappeared from his home at 217 Corona avenue Corona, L.

I. He was last seen on Saturday. Alois Knapp. aged 49 years, a carpenter, of 126 Van Sicklen avenue, went away at 4 o'clock on the morning of the 26th ultimo, presumably to go to work. Andrew Strand, aged 29 years, a wireman, of a 247 Fifty-Afth a street, left home on the 22d ultimo to go to Camden, N.

to get a job as a workman for the General Electric Company. He has not been heard from by his relatives since. Strand carried his tools with him. The parents of Margaret Schaeffer, of 108 Ten Eyck street, are very much worried about her. She left home on Saturday and has not since been heard from.

Margaret is 21 years old and worked as a boxmaker. STEPPED FROM MOVING CAR. While attempting to alight from a moving Bergen street car, at the corner of Bergen st. and Nostrand last night, Mrs. Nellie West, 45 years old, of Canarsie street and Sterling place, was thrown to the pavement.

Ambulance Surgeon Parker, of St. Mary's Hospital, removed her to that institution with severe injuries to head and back. The car was in charge of Conductor C. A. Merril and Motorman John Carr.

No arrests were made. MOTHER LOOKS FOR DAUGHTER. street. reported police of the Stagg Mrs. Lizzie Schaetter, of 188 Ten Eyck street station this morning! that her daughter Margaret, 21 years old, is missing from her home.

Mrs. Schaeffer can give no reason for the girl's absence. She A about 5 feet 6 inches in height, weighs 120 pounds, is of dark complexion, and wore a blue jacket and skat when she left home. N. Y.

CENTRAL OFFICER ON THE WITNESS STAND Dry Cleaning destroys all odors of perspiration prevalent in garments worn close to the body. It's a sanitary process. Barrett, Nephews Established Old Staten Island 1819 Dyeing Establishment 482 Fulton St. There is nothing 468 like the 1177 66 dry process for cleaning 168 Pierrepont St. Shirt Waists.

28 other stores in New York and Brooklyn. See telephone book for addresses. OBITUARY. Church. Edmond H.

Gildersleeve. Mrs. Mary Ellen Mann. Sunday morning, at 9 o'clock, Mrs. Mary Ellen Mann, widow of Lewis Mann (formerly of Washington, D.

died at the residence of her daughter, Mrs. A. W. Merrill (formerly of Chicago), 114 Willoughby avenue, aged 80 years. The burial will be at Branford, Conn.

Mrs. Mann was a lineal descendant of the Rev. Samuel Russell, who early the seventeenth century settled Branford, as minister of h's little flock. ile Was one of the founders of Yale College, and the meeting of the founders for this purpose was held in the old Russell house on the estate, which has been owned continuously since those early days by the direct descendant of the Rev. Samuel Russell, and which, at the time of her death, belonged to Mrs.

Manu. The founder of the Russell family in this country was John Russell, who came America in the ship Globe, 135 passengers, from London, August 27, 1633, settling Cambridge (then Newton), Mass. His son, the Rev. John Russell, took a prominent part in the protection of the Regicides, Whalley and Gaffe. His son, the Rev.

John Russell, born in 1627, was married three times; his second wife, Rebecca Newberry, being the mother Ave sons and one daughter, the Rev. Samuel Russell being one of the sons. He was born at Hadley, November, 1660, died June a 25, 1731, at Branford. He married in 01685 Abigail Whiting, daughter of the Rev. John Collins Whiting, of the First Hartford, Conn.

Michael King. Michael King. for forty years a restdent of the Fifteenth Ward of Brooklyn, and one of the best-known residents of that section, where he had been for many years In the printing business, died Sunday, of a complication of diseases, at 118 Ainslie street. Funeral services will be held to -morrow afternoon. The interment will be made in Lutheran Cemetery.

Mr. King was born in New York City, August 11, 1842. He was a deacon for many years and a former Sunday School teacher, and represented his church in the Eastern District Sabbath School Association. He a deputy marshal for the anniversary parade. Mr.

King was a former member of the Forty-seventh Regiment National Guard, and an ex- member of the Volunteer Fire Department. He was a member of Palestine Lodge F. and A. Progressive Chapter of Royal Arch Masons, Crusaders Lodge Odd Fellows, Wyckoff Lodge Ancient Order of United Workmen and Crescent Chapter Order of Eastern Star, of which he was past patron. His widow survives him.

The funeral services will be held in the Ainslie Street Presbyterian wood Cemetery. J. Elizabeth Van Cleaf. Funeral services will be held this evening for Edmond Haskins Gildersleeve, at the residence of his daughter, 1065 Bedford avenue, where he died Sunday of apoplexy. Deceased wag born at Fort Lee, N.

eighty-five years ago. He had lived in Brooklyn for sixty-five years, most of the time in the Eastern District. He was a chorister in the old Grand Street M. E. Church, and the Tabernacle M.

E. Church of Greenpoint, He was a member of the Williamsburg Volunteer Fire Department. Sarah Jennings, his widow, a daughter, Mrs. P. J.

Dobbs, and a son, Charles E. Gildersleeve, survive him. The burial will be made in Evergreens Cemetery. Mrs. Jennie A.

Burtis. This afternoon at 1 o'clock funeral services were held for a Jennie A. Rusk, the widow of Abraham Burtis, at her late residence, 13 South Portland avenue. Mrs. Burtis's death Sunday was due to heart failure.

She was born in New York City seventy years ago. Her home had been in South Portland avenue for forty years. Her husband, a well -known real estate trader of this borough, died in November last. A daughter, Edith, survives Mrs. Burtis.

The interment was made in Green- J. Elizabeth, wife of John C. Van Cleaf, the proprietor of the Mansion House, died there yesterday, after a long illness. She was born in Rumson, N. in 1856, her father being David J.

Megill. She was married to Mr. Van Cleaf in 1873, and had since then lived in Brooklyn. She was prominent in society on the Heights, and WAs a member of several women's clubs. Her husband survives her, with two sons and a daughter.

Funeral services will be held at the Mansion House, Hicks street. near Pineapple street, to-morrow morning at 11 o'clock, the Rev. John Pilkington of- Aciating. Milton Smith Dixon. Funeral services were held yesterday over the remains of the late Milton Smith Dixon, at the home of his brother, Zachariah, 577 Decatur street.

Deceased was born in Brooklyn, October 20, 1867, and was the son of Aderinna and the late John J. Dixon. He had lived in Brooklyn all his life and was a prominent member of the Jefferson Democratic Club of the Sixteenth Assembly District, of which James S. Regan is leader, and was very popular among his associates. Mr.

Dixon had been ill for several months of consumption and his death occurred at St. Peter's Hospital last Thursday. He leaves a sister, Mrs. Aderinna Weeks Marsh, and three brothers, John Zachariah and Clarence Van Cott. The interment was made in Evergreens Cemetery this morning.

FOR VIOLATING HOTEL ACT. Louis Baum and Henry Miller, both salesmen, employed at a big wholesale house in Manhattan, were fined $2 each this morning by Magistrate Voorhees, at Coney Island, on charges of disorderly conduct. They were arrested yesterday afternoon by Round: man Brown of the Bath Beach station on complaint of Robert F. Supper, proprietor of a hotel at Cropsey avenue and Bay Twenty-second street, who said the men ordered meals and refuse.l to pay for them. They were charged with violating the hotel act and were locked up, but the proprietor consented to the complaint being changed to disorderly conduct.

VIOLATED ROAD EULES. Louis Enright, a business man in Manhattan, and who lives at 325 Hancock street, was found guilty this morning before Magistrate Voorhees on a charge of disorderly conduct. The accused was arrested by a mounted policeman at Ocean Parkway and the Concourse on Decoration Day. The policeman said Enright, who was in a big automobile, accompanied by Mrs. Enright and several friends, violated the rules of the road.

Enright had his wife and two other witnesses, but the policeman was too much for him. NO BOXING AT CARLYLE A. C. There were DO boxing bouts at the club house of Carlyle A. in Lohman's Park, last night.

The club has been holdIng three-round bouts every Monday night eince February, and won its fight in the courts when stopped once by the police. The managers did not wait for the police to step last night. and decided to take no chances, owing to Governor Higgins' action in vetoing the boxing bill. Over eight hundred sports were disappointed. E.

V. W. Rossiter, Vice President, Testifies Before Interstate Commission. RAILROAD OWNS COAL STOCK. Given to the New York Central in 1901, When Coal Company Was Orgenized.

Philadelphia, June 5-It is not certain that A. J. Cassatt, president of the Pennsylvania Railroad Company, will be called as a witness before the Interstate Commerce Commission, which to-day resumed its investigation into alleged discrimination in the distribution of coal cars. No subpena has been issued for President Cassatt and Commissioner Clements indicated that he might not be asked to testify. Mr.

Clements said: "We will not ask the highest officials of any of the roads to appear until we have learned all that is possible from their subordinates, and then if we think we want more light on the subject we may send for them. However, we will not stop until we know all about this matter. As far as I know there been no communication on the subject between has, the commission and President New York Central Officials Subpenaed number of officials of the New York Central Railroad will be among the witnesses during the present hearing. Among those who are expected to testify are: F. E.

Harriman, coal traffic manager; John Carstensen, vice president, and in charge of the accounting department; E. V. W.R ossiter, vice president, and in charge of the financial department; A. H. Smith, general manager; J.

P. Bradfeld, general superintendent; C. H. Ewlings, superintendent of the freight transportation; P. E.

Crowley, assistant to the general superintendent, and D. W. Dinar, superintendent of the Pennsylvania division with headquarters at Corning, N. Y. E.

V. W. Rossiter, vice president of New York Central and Hudson River Railroad, in charge of the financial department, was the first witness. The examination was conducted by Attorney E. B.

Whitney, of New York. In answer to questions, Mr. Rosister stated that he is a director of the Beech Creek Coal and Coke Company, representing the interests of the railroad company on the board. Mr. Rossiter's Testimony.

He explained that the railroad originally held 5,000 shares in the Beech Creek Coal and Coke Company, and that the company was absorbed by the Pennsylvania Coal and Coke Company. While now a part of the latter company, its business was conducted under its original title. The railroad, the witness said, OWnS 5,000 shares of preferred, 5,000 shares of common stock and $500,000 worth of 5 per cent. bonds in the Pennsylvania Coal and Coke Company. "How did the railroad acquire its stock in the original Beech Creek Coal and Coke Company?" Inquired Commissioner Cockrell.

"It was given to the railroad in 1901, when the coal company was organized." "The railroad paid no cash for it "No, it was given for traffic reasons." Continuing, Mr. Rossiter said that a contract had been signed by the railroad and the coal company, and the stock was given in consideration of the contract, This contract was produced a counsel for the railroad company and read by Mr. Whitney. It was dated January 17, 1901. and by its provisions the coal company agreed to mine at least 1,000.000 tons of coal every year, and the railroad agreed to furnish cars equal to that amount of coal annually, exclusive of fuel cars.

The railroad further agreed to interest itself in no other coal company excepting the Clearfield Bituminous Coal Corporation. The railroad also agreed to purchase 000 tons of fuel 1 coal every year. The total capital of the Pennsylvania Coal and Coke Company, Mr. Rossiter thought, is $10,000,000 or $12,000,000. Clearfleld Company a Merger.

Rossiter, in answer to Mr. Whitney, said the Clearfield corporation was a merger of a number of smaller companies owned by the New York Central. These companies, he said, supplied only fuel coal to the railroad. The capital of the corporation, he said, was $1,000,000. The witness stated that the railrvad also owned the entire stock of the Gallitzen Coal Company, but had an agreement with the Webster Coal and Coke Company and the Pennsylvania Coal and Coke Company by which the latter operated the mines.

Commissioner Clements questioned Mr. Rossiter concerning the pollcy of the New York Central as to its officials holding stock in coal mining companies. He said there was no absolute rule, but it was tacitly understood to be against the policy for officials to hold such stock. Superintendent Ewlings Called. C.

H. Ewlings, superintendent of freight transportation, was next called. He was questioned concerning the distribution of cars and said the company never refused to inform a coal company as to its rating. He did not recall ever having been asked by one operator for the rating of another and said it was a rule of the company generally observed that when it was intended to change the rating of a mine the operator was consulted. He was asked if he had received complaints from operators of a' shortage of cars.

'A man wouldn't be a mine operator unless he complained," was the reply. "Wherever shortages occur, we endeavor to make them up as soon as possible." Mr. Ewlings said the rating of a mine was established by its possible output and actual production during a given period. He stated further that there were no individual cars on the New York Central Railroad other than those of the Beech Creek Coal Coke Company. The railroad's pollcy, he said, wag to furnish sufficient transportation facilities for all coal mined, and there had never been such a scarcity of cars at any time as to seriously hamper the individual mine production.

Mr. Ewlings said the ratings were made by him personally or by competent clerks in his department. Commissioner Clements asked the witness if he did not consider publicity in the matter of distribution a better policy both for the railroad and the coal company. Mr. Ewlings said he could see no objection to such a method.

HE DIDN'T LIKE THE "SKY." Judge Crane, in the County Court, yesterday, granted Louis Brodsky, of 148 Jay street, proprietor of a stationery, candy and cigar store, permission to change his name to Louis Brody. The applicant said his friends and customers cailed him "Brody," and the name appeals to him, as he has found that the suffix "sky' implies foreign origin and is an undesirable quantity. JOHN COONEY IS COMPETENT. John Cooney, a well-known resident of Windsor Terrace, where he has conducted a drug store for many years, and who was committed to a sanitarium last September, has been declared competent by the commission appointed to inquire into his mental condition, and was discharged in habeas corpus proceedings by Supreme Court Justice Marean yesterday. THAT comfortable institution, the Fancy Summer Vest, is too often abused by an unseemly gaudiness.

Made in the right materials it may become the most attractive and tasteful feature of the business man's dress. We commend our of excite which display good by of form admiration. every patterns, tenet must Wash Vests LISHED $2.50 to 4.50 OVER Flannel Worsted HALFA Vests CENTURY $4.50 to 6.50. SUBWAY STATION AT OUR DOOR, ASTOR: PLACE: AND 4TH BROKAW BROTHERS MRS. VANDERBILT AT MINEOLA Calls at Court House to See Her Husband, Who Is Serving as a Grand Juror.

(Special to the Eagle.) Mineola, L. June 5--William K. Vanderbilt, who is serving on the Nassau County Grand Jury, at the term of the Supreme Court which opened yesterday, received a visit from Mrs. Vanderbilt, terday afternoon. She was driven to yescourt house in her private carriage, which was dismissed as she alighted.

She entered the court house alone, and was escorted to the Grand Jury room entrance by James L. Long, clerk of the supervisors, who recognized her. Mrs. Vanderbilt conversed with her husband a few moments, and then repaired to his automobile, which was standing in front of the court house. The chauffeur was given directions, and Mrs.

Vanderbilt sped away to take a short trip, pending the time her husband was to finish his work for the day. She met him at the close of the day's session. THE REALTY MARKET: TUESDAY, JUNE! 5. By James L. Brumley, at Real Estate Exchange.

Atlantic avenue, 1867, two- story and basement brick dwelling, lot 16x98.7. Sold to Frank Lester for $800 over mortgage for $1,600. Decatur street, 1130, two story and basement frame two family dwelling, lot 16.8x 100. Sold to J. L.

Sackman for $1,650 over mortgage for $1,500. Pacific street, south side, 325 feet east Third avenue, 22x100. Sold to Patrick Corcoran for $5,650. Third avenue, a 28x100. Sold to Benedict Pacific street, south side, 347 feet east Kotz for $7,000.

Pacific street, south side, 400 feet east Third avenue, 25x100. Sold to L. Less for $8,300. Pacific street, south side, 425 feet east Third avenue, 25x100, Sold to Edythe Cole for $3,400. By D.

M. Chauncey at Real Estate Exchange. Fulton street, 2128, south side, 300 feet west Rockaway avenue, 25x100; vacant. Adjourned to June 19. By Taylor Fox, at Real Estate Exchange.

Lot 598, block 18, map of 1,197 lots of property of William Ziegler, in Flatbush and New Utrecht: Harry C. Brandes against Charlotte Brandes et Einar attorney, 32 Liberty street, Manhattan; Roy M. Hart, referee. (Parti- tion.) Sold to plaintiff for $500. The Bay Ridge Sale.

A big offering of lots in Bay Ridge was put before the public in the Montague street exchange at noon to-day by the Jere Johnson Company, F. B. Snow, auctioneer. Included in the offering were 190 lots on First, Second and Third avenues, Sixty -seventh, Senator and Sixty-eighth streets, with eight two family semi-detached dwellings. Some of the property faced Owl's Head Point, for a park.

to the time the Eagle which is being, condemned by the city went to press lots had been sold on Sixty- eighth street, from First to Second avenues, ranging in price from $885 to $925. Two big plots facing on First avenue and taking in the block between Sixty- and Senator streets, were sold at $1,475 and $1,400 each, to John N. Golding. Bidding was lively in a crowd that filled the auction room to the doors despite the heat. Results omitted today will be printed to WEDNESDAY, JUNE 6.

By H. F. Raabe, at Kings Queens County R. E. Exchange, Myrtle and Hamburg Avenues.

Liberty avenue, northeast corner Pennsylvania avenue, 100x100; vacant. Sumpter street, 298, 300, two four story double apartment buildings, plot 50x100. Irving avenue. 279, 20x100, three story brick single flat and store building. Essex street, east side, 246.2 south Atlantic avenue, 100x100; vacant.

Knickerbocker avenue, 242, three story frame double flat and store building. By William H. Smith, at Real Estate Exchange. St. Mark's avenue, north side, 285 feet east Troy avenue.

25x107.9, Annie Kelly by guardian, against. Peter Kane et al; Neu Gilchrist. attorneys, 375 Fulton street; Carl J. Heyser, referee. (Partition.) By George Hermann, at 45 Broadway.

Pacific street, south side. 197.1 east Rochester avenue, 16.9x107.2. Elizabeth C. West, against Thomas G. Field executor, Coombs Wilson, attorneys, 84 Broadway.

Pacific street, south side, 130.4 east Rochester avenue, 16.8x107.2. Annie B. Bedell against Thomas G. Field, executor, Action No. Coombs Wilson, atto torneys, 84 Broadway.

Pacific street, south side. 163.9 east Rochester avenue, 16.8x107.2. Same against same; Action No. Coombs Wilson, attorneys, 84 Broadway, Pacific street, south side, 213.10 east Rochester avenue, 16.8x107.2. Louisa S.

Cole against same; Coombs Wilson, attorneys, 84 Broadway. By Bryan L. Kennelly, at Exchange Salesroom, 14 Vesey Manhattan, Bond street, 212, 214, west side, 25 feet north Baltic street, 25x75 each; two four story brick double flats. Clinton avenue, 6, west side, 59.5 south Flushing avenue, 13.6x53, three story and basement frame dwelling. Clinton street, 8.

10, west side, 72.11 south Flushing avenue, two three story and basement frame dwellings, lots 18x 53 each. Erasmus street, south side, 107 feet west Nostrand avenue, 50x134; vacant. Sixteenth street, south side, 112.3 east Third avenue, 28x90, four story brick double flat property. Nostrand avenue, northwest corner Avenue D. 49.9x100; vacant.

Nostrand avenue, west side, 210 feet north Avenue D. 40x100; vacant. Nostrand avenue, southwest corner Avenue D. 34.9x100x34.1x100; vacant. Nostrand avenue, southeast corner Avenue D.

34.11x100; vacant. Nostrand avenue, northeast corner Avenue 50x100; vacant, CITY FILES ITS ANSWER UNION GAS CO. SUIT It Is a Document of Nearly One Hundred Printed Pages. TRUST'S CLAIMS ARE DENIED. Charge Made That Corporation Has Not Acquired Perpetual Interest in City Streets.

This morning, in the United States Circuit Court, in this borough, the City of New York filed its answer to the suit of the Brooklyn Union Company, in which the Trust seeks break the 80- tias cent gas law. The document. is a long one, covering nearly 100 printed pages. It was prepared by William P. Burr, ant corporation counsel, who has been acting as counsel to Mr.

Delany in the fight to maintain the new gas rates. Most of the allegations contained in the are of the same tenor as those defense, city embodied in its reply to the suit brought by the Consolidated Gas Company in Manhattan. Most of the statements made by the gas trust are denied, and the city even goes further by charging that the company i9 a and that in purchasing the smaller companies, of which it is composed, it did not acquire a perpetual and indefeasible interest in the lands constituting the streets in which their mains are laid. Assistant Corporation Counsel Burr remarked significantly that the city would not rest content with the mere winning of the present litigation. The Trust, he said, has thrown down the gauntlet, and the city has taken it up.

Now that the matter has come to the courts the city will push the matter to a finish, and if the gas companies fail to prove the legality of their existence and of their rights in the streets, there will be a second accounting in which the tables will be turned. The Brooklyn Union Gas Company has not yet made any motion in the Brooklyn courts for an injunction restraining the inforcement of the legal penalties, and unless this is done and an argument ensues before Judge Thomas, the present case will rest in abeyance pending trial at the fall term of the court. Both sides are watching the action in Manhattan, and will probably await developments in the Consolidated case. It is alleged in the answer filed by the city that the Brooklyn Company does not own or possess real and personal property and special franchises to the value of $33,000,000, but that the actual value its franchises and property is below $31,000,000. The city avers that at the time of the investigation by the Gas Commission the gas company was offered ample opportunity to present all the facts it desired necessary to prove that the enactment of an 80-cent law would be confiscatory, but that on each occasion it failed to do so.

THE COURTS. SUPREME COURT -TRIAL TERM. Day calender for June 6, 1906. Part I. Dickey.

Part II, Garretson, Part III, Maddox, Part IV. Howard, J. 3031.. Marrinan va. B.

H. R. R. 3035.. Marrinan vs.

B. H. R. R. 8015..

Sullivan vs. B. H. R. R.

2824.. Evers v9. City of New York. 8357.. Medford Fancy Goods Co.

V5. Pacific Hardware Co. 7155.. Belloff vs. Burkard.

9198.. Cullinan va. Richardson et al. Werthelmer vs. Hall Realty Co.

9252.. Willensky V9. Meyer. 10120.. Kelly Asphalt Co.

vs. City of New York. 2322. Clough vs. City of New York.

2323.. Clough v9. City New York. 2324.. Busby vs.

City of New York. 3302.. Wood vs. Stuart. 5470..

Trott va. Schmitt. 8583.. Craske vs. Watt.

3408.. Arend vs. BB. Q. Co.

Sub. R. R. 2984.. Reumer va.

Clark. 9390.. Acker ve. Weber Sons. 10139..

Reiss vs. Buckle. 10087. Catley vs. Wilson et al.

7232. Grote vs. City of New York. 6905.. Meseritz vs.

Lowenthal. 9970.. Lennon ve. Weser. 2914.

Hunt vs. Schratweiser Fire Proof Co. 8943.. Kidder v9. Whiting.

3050.. Kichingky vs. B. H. R.

R. 1328.. Barrett va. B. H.

R. R. 3099.. Preserveline Mfg. Co, vs.

City of N. 9180.. Spurr Song Vs. Empire State Surety Co 602. Mayers vs.

Met. Street R. R. 4272.. Bradner vs.

N. City R. R. et al. 4273..

Bradner vs N. Y. City R. R. et al.

3214. Zwerbling v8. N. Y. City R.

R. et al. 2285. Murray v9. Vienna Pearl Co.

2356.. Murray vs. Vienna Pearl Button Co. 10195.. Walkers v9.

B. H. R. R. 10196..

Dowling vs. B. H. R. R.

3493.. Scharr v9. N. Y. City R.

R. et al. Highest number reached on regular call. 3506. County Court, Civil Calendar.

Part I. June 6, 1906. Crane. In re Freef. Calendar adjourned until Monday, June 11, 1906.

County Court, Kings County. Criminal Calendar, June 6, 1906. Part I. Aspinall, Chas. Nelson.

Martin Matsell and John Iverson. grand larceny, second degree; Carter, assault second degree: Helen Mauchinski. Frank. grand larceny, second degree; Louts Macciardi and David Macclardi, assault, second degree; Ralph Engleburg and Samuel Dressoner, grand larceny, first degree. SURROGATE'S COURT.

Calendar for Wednesday, held in Hall of Records at 10 o'clock, before Surrogate James C. Church: The wills of Peter Memkel and Nicholas Johnson; the accounting in estate of Margaret Mc Akin, Carrill V. Grinnell, Calvin Kline, Mary A. Tullia, Catharine Rice, WIlliam Matthews, Jonas C. Anderson, Henry Harris, Seba M.

Bogert. James M. Brady, Chas, Poemicke, Thomas E. Doyle and Alice Meyer; the estate of Martha David and Michael Enright. Contested Calendar: The wills of Sarah F.

Manning and Edith Barker: the accounting of Reinhardt Steklin and Ernest Von Au. COURT OF SPECIAL SESSIONS, SECOND DIVISION. CITY OF YORK. Calendar for Wednesday, June 6. Fitzgereld.

J. presiding: Keady, J. Fleming. J. clates: Frederick B.

Bailey, Assistant District Attorney: David Joyce, Assistant Corporation Counsel: People VS. James Reed. keeping disorderly house: George King. Edward Hunter. dentai law: Philip Leibowitz (2), Albert Geller, section 70, labor law; Benjamin Wecht, Jacob Pawitz, Abraham Halpern, section 53, sanitary code; Otto Steinback.

section 96. sanitary code: Jacob Rechnitz. provision sanitary code: Edward Skelly, petit larceny; August Theiss. John Nally, section 288. penal code: Charles Van Brunt, Daniel Turnbull, Morris Neuteld, section 96.

sanitary code: EYiner C. Grover. Patrick MeCann. section 250. penal code: Ida Green.

Claus H. Duckmann section 53. sanitary code: Eliphalet Hendrickson, section 96. sanitary code; Frank Lewis Henry M. Buteche.

Peter B. Fortmeyer, section 53, Jolin sanitary code: Thomas James Burns, Guy Loomis. H. Gags. Kenney, Louis Danowitz.

Charles H. De Land. William Schindele, section 96. sanitary code: Peter W. Fortmeyer, Thos.

R. Ryan (2), Chas. H. J. Weingold, section 53.

sanitary code: Augustus Sanzun, section 45. sanitary code: Josephine Monaco, Caroline Herzog. John Mehrtens. Edward Wagner. section 53.

sanitary code: William W. Payne, Edward L. Golden. section 96, sanitary code: Henry Bohlman, section 53. sanitary code: Charles F.

Tinkham. William B. Sturges, section 96, sanitary code; Giusseppe La Rock section 45, sanitary code; William B. Watson. section 1483.

charter of Greater New York: William Stetling, assault: John H. Rathien, Peter Sutter, section 53. sanitary code: Henry Bosch. George Brannigan, Herman Karff. John Karff, section 56, sanitary ordinance.

U. S. DISTRICT COURT. Admiralty. In re Willtam O' Keeffe the steamer E- ward P.

Avery, her tackle, etc. Libel June 4. for wages. $14.66. Order of process entered and process issued, returnable June 13, 1906.

Bankruptcy. In re Charles E. Wason. alleged bankrupt. 275 Thirty street.

Order to show cause upon creditor's petition and admission of insolvency entered June 5 1906. The petitioners are A. H. Nilson. Charles R.

Crowthers and Edwin D. Seabury, Liabilities, $789.52. MISS BURGESS' DEATH. Garden City Meeting of Woman's Auxiliary Will Not Be Held. The Long Island Branch of the Woman's Auxiliary to the Board of Missions was to have held a meeting at Garden City on Thursday, June 7.

but owing to the death of Miss Burgess, sister of the Rt. Rev. Bishop Frederick Burgess, the meeting will not be held and a new date will be fixed. MISCELLANEOUS. TOOTH SOZODON TP POWDER POWDER positively beneficial, deliciously fragrant, gives perfect satisfaction.

Ask your dentist. BOXERS HELD FOR TRIAL. Marlborough Athletic Club Will Carry Its Case Through Courts to a Final Decision. Captain Zimmerman of the West Fortyseventh street station, and Inspector Richard Walsh were present in the West Side police court, Manhattan, this morning, to press the charge against Florrie Barnett and Owen Flynn, who were arraigned before Magistrate Mayo, charged with taking part in a boxing exhibition last night at the Marlborough Atheltic Club, 334 West Forty- -fourth street, in violation of the law. Third Deputy Police Commissioner Mathot appeared to prosecute, while Henry J.

Goldsmith, the club's legal representative, locked after the interests of the prisoners. According to Patrolman Dukeshire of the West Forty -seventh street station he purchased a ticket for admission to the exhibition last night from a speculator ou the sidewalk. There were present at the exhibition some two hundred persons and when the two prisoners had been in the rirg about thirty seconds Captain Zimmerman and Inspector Walsh jumped into the ring and placed them under arrest. Captain Zimmerman said he was acting under instructions received from Sheriff Nicholas J. Hayes, who was also present last evening, but not this morning in court, and who, Captain Zimmerman understood, had received instructions from Governor Higgins to stop boxing exhibitions.

Mr. Goldsmith said that the club would fight the case to the end, and if necessary take it to the highest courts to get a final decision. It was sgreed to adjourn the further hearing until Friday afternoon next at 3 o'clock, the two prisoners being paroled until then. CHAUFFEUR IN THE TOILS. Mounted Policeman Swears Car Was Traveling 45 Miles an Hour on Hoffman Boulevard.

About dusk last evening Mounted Patrolman Michael Fannon, of the Jamaica station house, placed under arrest Morris O'Rourke, aged 23 years, residing at Lawrence, L. a machinist and chauffeur, for violating the motor vehicle law by running an automobile at a rate exceeding the speed limit. The officer charges him with running his car at the rate of forty-five miles an hour. O'Rourke claims that it would be impossible to run the car at a speed faster than twenty miles an The car is owned by Francis L. Schoomaker, of Lawrence, who was telephoned to and gave bail for his employe's appearance in court this morning.

The alleged violation took place on the Hoffman Boulevard, near the Union turnpike, in section where there is nothing but farm land, but which is within the city limits. NO QUORUM OF JURORS. As a Consequence There Was No Session of Nassau Grand Jury To-day. (Special to the Eagle.) Mineola, L. June 5- The Nassau County Grand Jury, of which William K.

Vanderbilt, is a member, failed to convene this morning for lack of a quorum. Mr. Vanderbilt obtained an excuse for to-day. He had an important directors' meeting to attend. The member who was to pair with him in attendance to-day, boarded a train which carried him to Jamaica.

An extra panel of seventy-five jurors was drawn this morning for the trial of Grover Cleveland Poole, indicted for killing O'Hara at Port Washington and that of Michael Sarlo, indicted for killing Mrs. Rose Izzo, at Roslyn. Both men will be tried before Justice Burr and the special jury next week. MORE WIRES GO UNDERGROUND. The New York and New Jersey Telephone Company is laying additional conduits from Far Rackaway through Arverne, Edgemere and Rockaway Beach, the work having begun a few days ago.

For the last five years the greater part of the company's wires have been underground in that section, and the work of putting the wires underground is also beins, Cedarhurst pushed and rapidly Woodmere. along in Lawrence, KNIFED Coffee Knifed An Old Soldier. An old soldier, released from coffee at 72, recovered his health and tells about it as follows: "I stuck to coffee for years although it knifed me again and again. "About eight years ago (as a result of coffee drinking which congested my liver), I was taken with a very severe attack of malarial fever. would apparently recover and start about my usual work only to suffer a relapse.

After this had been repeated several times during the year I was again taken violently ill. "The Doctor said he had carefully studied my ease and it was either 'quit coffee or advising me to take Postum in its place. I had always thought coffee one of my dearest friends, and especially when sick, and I was very much taken back by the Doctor's decision for I hadn't suspected the coffee 1 drank could possibly cause my trouble. "I thought it over for a few minutes and finally told the Doctor I would make the change. Postum was procured for me the same day and made according to directions; well, I liked it and stuck to it and since then I have been a new man.

The change in health began in a few days and surprised me, and now, although I am seventy-two years of age, I do lots of hard work and for the past month have been teaming, driving sixteen miles a day, besides loading and unloading the wagon That's what Postum in the place of coffee has done for I now like the Postum as well us coffee. raid have known people who did not care for Postum at first but after having learned to make it properly come according to directions they have as well as coffee. I never miss a chance to praise it." Name given by Postum Battle Creek, Mich. Look for the little book, "The Road to Wellville" in pkgs..