The Brooklyn Daily Eagle from Brooklyn, New York • Page 22

THE BROOKLYN DAILY EAGLE. NEW YORK. WEDNESDAY. SEPTEMBER 20. 1905.

MARRIAGES AND DEATHS DIED. Bader, George Ormiston, Dr. Robert Bissell, Charles A. Parker. George W.

Byrne, Daniel J. Pyne, James J. Cooley, Samuel H. Schroeder, Carolina Finkeldey, Henry V. Schuler, Franziska Hess, Louis jr.

Taft, Julia M. Jarvis, Augusta B. Turner, John Spencer McCloskey, H. L. Wrigley, James T.

BADER-Suddenly. Tuesday, September 19, GEORGE D. BADER, in his 49th year. Funeral services at his late residence, Ocean Parkway and Coney Island av, Thursday evening, Sept. 21, at 8 o'clock.

Relatives, friends and members of Long Island Lodge, F. and A. Ezel Chapter, Clinton Commandery, No. 14; Kismet Temple, Shrine; Coeur de Lion, Knights of St. John of Malta, Brooklyn Lodge of Elks, 22, and Flatbush Volunteer Firemen's Association, are respectfully to BADER-Kismet Temple A.

A. N. M. S. Nobles: Noble GEORGE D.

BADER has entered the unseen Temple. are requested to attend the funeral services to Poor be held at his residence, Ocean Parkway and "Coney Island av, Thursday evening, September 21, at 8 o'clock. J. HARRIS BALSTON, Illustrious Potentate. John W.

Richardson, Recorder. BISSELL-At his residence, 46 New York av, Brooklyn, BISSELL, in his 41st year. Funeral services Thursday evening at 8 o'clock, BISSELL-Burnside Council, No. 625, R. A.

Brothers: You are requested to attend funeral of our late Brother CHARLES A. BISSELL on Thursday evening, 21st at 8 o'clock, No. 46 York av. Attest: FRANK H. RILEY, Regent.

G. A. Turnbull, Secretary. BYRNE-On Monday, September 18. 1905, DANIEL J.

BYRNE, husband of the late Mary C. Clarke. Funeral from his late residence, 485 Greene av, on Thursday September 21, at 9:30 o'clock; thence to Church of the Nativity, corner Madison st and Classon av, where a solemn mass requiem will be offered for the repose of his soul. Relatives and friends spectfully invited to attend. Interment in Holy Cross Cemetery.

BYRNE-Sir Knights of the Fourth Degree, Knights of Columbus, are requested to attend the funeral of our late Brother Sir Knight DANIEL J. BYRNE, from his residence, 485 Greene thence to lathe Church of the Nativity, Classon AV and Madison st, on Thursday morning, September 21, at 9:30 o'clock. PETER J. SKELLY, Master. COOLEY-On Tuesday, September 19, 1905, SAMUEL HAVILAND COOLEY, in his 64th year.

Funeral services at his late residence, 15 St. Mark's av, Brooklyn, on Thursday, September 21, at 8 P.M. FINKELDEY-0 Tuesday, September 19, HENRY VALENTINE FINKELDEY. Buried from his late residence, 140 Prospect av, Friday, at 2 o'clock. HE HESS-On September 19, LOUIS infant son of Louis G.

and Hermine Hess, aged 1 year and 4 months. Funeral private, from the residence of his parents, 477 11th st, on Thursday at 2 JARVIS-Tuesday, September 19, AUGUSTA BARRETT, beloved wife of James 0. Jarvis, aged 75. Services at the residence of her son, Howard B. Jarvis, Thursday, September 21, 8:30 P.M., 316 Hawthorne St, Flatbush.

McCLOSKEY On Monday, September 18, 1905, HARRIET LOUISE, widow of John McCloskey. Relatives and friends are respectfully invited to attend the funeral from her late residence, 240 Marcy av, on Thursday, September 21, at 3 P.M. (Pittsfield, papers please copy.) OR September 19, Dr. ROBERT ORMISTON, sedenly, at Stamford. N.

Y. Funeral services at his residence, 117 South Elliott place, on Thursday, 20th at 7:30 PARK PARKER, a beloved long husband illness, of GEORGE Sophia W. W. Parker, in the 51st year of his age. Funeral services Wednesday evening, 8 o'clock, at his late residence, 384 Cumberland st.

Relatives and friends invited. Interment Greenwood--private. PYNE-At his residence, 15 Dugan Jamaica, L. September 19, 1905, JAMES J. PYNE.

Funeral services at St. Monica's Church. Washington Jamaica, L. Thursday, September 21, at 10 A.M. SCHROEDER-Entered into rest, CAROLINA, the beloved wife of John Schroeder, aged 54 years 9 months 6 days.

Relatives and friends, also members of Continental Bowling Club and Ladies Aid Society of the Emanuel Evangelical Lutheran Church, are invited to attend the funeral services her late residence, 828 Marcy av, Wednesday evening, September 20, 1905, at 8 o'clock. SCHULER-On Monday, September 18, 1905, FRANZISKA SCHULER, nee Meier, widow of Louis B. Schuler. Funeral services at her late residence, 182 Graham av. on Wednesday.

September 20, at 8 P.M. Please omit flowers. Interment at convenience of family. TAFT On Wednesday, September, 20, 1905, at Brooklyn, N. widow of Enos N.

Taft and daughter the late Frederick T. Peet, in the 71st year of her age. Funeral private. 20-8 TURNER--At Caldwell. N.

September 18, JOHN SPENCER TURNER. Funeral services at his late residence, 57 Remsen st. Brooklyn, on Thursday, Septeinber 21, at 11 A.M. Please omit flowers. WRIGLEY-On September 19, at the residence of his daughter, Mrs.

Herbert Hellis, JAMES T. WRIGLEY. Funeral services Friday, at 2 P.M., at 25 Second place. GREAT PINELAWN CEMETERY, 2,315 acres, On I. R.

R. Plots from $50 up. Reasonable terms. Send for Illustrated pamphlet. Round trip tickets, at 46 W.

34th. N. Y. WENT FREE, AS PREDICTED. Six Men, Accused of Assaulting a Policeman, Discharged in Court by Magistrate Voorhees.

Michael J. Lynch and six other men were given a hearing in they Butler street court to-day by Magistrate Voorhees on charges of felonious assault preferred against them by Patrolmen Vance C. Lavender of the Fourth avenue precinct. The defendants were all discharged. Two other charges against Lynch and John Flynn were also disposed of.

Flynn was charged with intoxication by a Patrolman Marriam, of the Fourth avenue station. Lynch was heard on the complaint of Sarah Gillan, who charged assault. Both charges were dismissed. Sunday, August 13, Lynch and Flynn were arrested on the complaint of the Gillan woman and Officer Marriam. Both of the prisoners were taken to the station house in a very much battered condition.

Ambulance Surgeon Stanley from the Seney Hospital was called to dress their wounds. Flynn and Lynch were bailed out before noon. In the afternoon, it is alleged, Lynch and six other men encountered Lavender, the officer arrested Lynch in the morning, at -ninth street and Fifth avenue. ThirtyLavender said he was heid by some of the men while Lynch beat him. The officer's clothing was torn from his body.

Serious wounds were inflicted on him in the fight, that reselted in a sojourn in the hospital for ten days. Counselor Marty Lynch, a brother of Michael and William Lynch, who were arraigned on the charge made by Lavender, defended the seven men. The case had been adjourned several times and it had been freely predicted that all the parties implicated would be discharged in court. WOMAN A MASS OF BRUISES; SAYS POLICE GLUB DID IT Magistrate Orders Felony Charge Made Against Patrolman Who Arrested Her. "SHE FELL." BLUECOAT SAYS.

And His Captain, Defending Man, Guesses Somebody Else Did the Bruising Earlier in Night. Maud Williams, of 736 Chauncey street, was arraigned by Policeman Patrick Hunt, of the Adams street station, this morning, before Magistrate Naumer, in the Adams street court on a charge of intoxication. Maud is 29 old her husband is 3 sailor. The that consorts with colored years, and, women and men, sometimes, in the Hudson avenue district is against her, and she has been arrested before. It was about 3 o'clock this morning when Policeman Hunt found her at the corner of Prince street and Myrtle avenue, waiting, she says, for a car to take her up Ralph avenue to Chauncey street.

One of her negress friends had offered to give her a bull pup, but at the late bour she decided that she would not take it home with her. Instead she went into a chop suey place and had a cup of tea. Then she waited for the car. Magistrate Naumer opened his eyes wide when he saw the young woman in front of the bench, for she looked as if she had passed through a threshing machine. She wore a flimsy waist, with insertion, and this was torn into shreds.

And she limped painfully to the bench and her eyes were red with tears, and she presented a dejected appearance. One of the sleeves of her waist, the left one, was torn to bits, ripped from shoulder down. And she was holding the shreds together like 8 woman who did not want to show the skin over her shoulders. First the magistrate asked her if she had been intoxicated, and she said she was not a bit tipsy when the officer arrested he fact, had taken nothing stronger than tea during the night. "What's the matter with you," asked the magistrate.

"Has anybody been hurting you?" "Yes," said the girl, and when the magistrate questioned further she exposed her arm, the arm from which the sleeve had been ripped. There was a discolored welt on it, maybe four inches long, diagonally catching the upper arm and forearm, as it the arm had been bent when the injury was inflicted. The bruise was plainly such as might have been caused by a blow from a stick, for there was a telltale redness in the middle of the welt and then a yellow and black discoloration reaching an inch beyond the sides of the core. "Who did that?" asked the magistrate. "The policeman who arrested me," replied the woman.

"He clubbed me and kicked me and knocked me down. And I had been doing nothing to him. I was not drunk, your honor." The magistrate directed her to make a charge of assault against the policeman and Mrs. Hatfield, the probationary officer, took her into the complaint clerk's room and pretty soon there was a charge of assault in the second degree, which is a felony, I against the officer. He was placed under arrest by Court Officer Michael Ansbro and pleaded not guilty to the woman's charge.

He was paroled for further hearing, on Friday next, and the girl was also paroled, pending the hearing on the intoxication charge, and she was put in the custody of Mrs. Hatfield in the meanwhile. Maud was bruised from head to heels, Mrs. Hatfield said. She examined the girl in the pen and found a shocking discoloration on the left hip, the mark of what seemed to be the stroke of a club on the left shoulder, another club mark, maybe, on the right arm and the big weal on the left arm that the magistrate had seen.

Then her wrist was swollen where, she said, the policeman had placed chain nippers on her and had twisted them most cruelly and her cheek was discolored, where, she said, the officer had given her a punch in the jaw. "And I did nothing at all to deserve all this," said the girl, who could neither sit nor stand in comfort, and who said that her arms seemed to weigh a ton. "I was waiting for a car at the corner of Myrtle avenue and Prince street, this morning, just after had taken a cup of tea in a nearby restaurant. A colored girl had promised to get me a bulldog but as I found out that I could not take it home in a car with me, I stood waiting for the car without the pup. Then the policeman came up and asked me what I was doing there.

I said that I was doing nothing and then he got hold of me and placed me under arrest. I had done nothing at all to him when he struck me in the arm with his stick and then he knocked me down and kicked me in the hip. He dragged me to the box and once or twice clubbed me again, on the back and on the other arm. He tried to give me a punch, too, when he had me in the patrol wagon, but the other policeman in the wagon told him not to strike me and he didp't any more. There was one man on the street who spoke to him for beating me 60, and the officer struck him on the face.

He went away then and I don't know who he was. But if I could And him he could be a The charge against the young woman was intoxication but she did not know it until after she had been locked up in a cell. The matron of the precinct tried to soothe her and put her in beside Mount, a young negress, for company. Lizzie tried to soothe her companion in misery, too, for she saw that she was dreadfully hurt. Lizzie had been locked up quite sober at 3 in the afternoon and therefore might be considered an expert in sobriety.

An Eagle reporter asked Lizzie if Maud was under the infiuence of liquor when she was brought in. "No," was the prompt reply. "She was perfectly sober. I thought that maybe she had been drinking, but she asked me to smell her and there was not a sign about her." "Lizzie is a little negress who was arrested for soliciting. She was sent to the Penitentiary for six months by the magistrate this morning, 60 she is safe as a witness to Maud's sobriety.

Hunt denied that he had assaulted the girl. "She fell," he said, "but I did not club her." "She might have been clubbed by some one else." suggested Captain Shaw, of the Adams street station, when case was brought to his attention. "How do we know." he asked, sapiently, "where she had been before she was arrested, or who struck her before she fell into the hands of Officer Hunt? And are you going to take the word of a woman like that before the word of a reputable policeman?" It will be interesting to learn how many people will swear that Maud was 50 drunk that she did not know what she was doing when the case comes up next for hearing. Maud's bruises have been photographed and they may form an Interesting exhibit when the case against the officer comes up. RIPPERGER IS DOING WELL.

City P. M. Will Probably Soon Recover From Blow of. Unknown Thug. Physicians who are attending Postmaster George Ripperger, of Long Island City, who was assaulted on Tuesday night and badly hurt, to-day that condition la greatly improved and his recovery is regarded as only a matter of time.

There 1s 110 fracture of the skull, and no operation is necessary. All that is required lg rest and good nursing. As yet it 1s not positively known how he was injured, but it is generally believed he was attacked from behind by some unknown person. He is unable to talk as yet, but it is thought when he recovers be can tell enough about the assault to give the police a clew. CONTRACTOR MC CARTHY HELD.

Accused of Petit Larceny, but Locked Up for Intoxication. Eugene McCarthy, the contractor, 60 years old, living at Nostrand avenue and Canarsie lane, who is well known to the attachees of the Flatbush police court, appeared before Magistrate O'Reilly this morning as defendant to the charge of petit larceny made against him by James Fitzpatrick, of 51 Lawrence street. Fitzpatrick was not present to press the charge, but McCarthy's condition was such that the court ordered Officer Wareham to make a charge of intoxication against him. McCarthy was held for examination. HELD ON HOMICIDE CHARGE.

John Kelley, aged 38, of 328 East Eightythird street, Manhattan, a cooper, was held without bail for the Coroner by Magistrate Finn, in the Jefferson Market Court, to-day, on a charge of homicide. Keiley is charged with having stabbed Thomas Lewis, 30 years old, of 69 Bowers street, Jersey City, terday. Lewis died in St. Vincent's Hospital early this morning. FAILED TO SET ASIDE WILL.

Son and Daughter of the Late Ellen Wynne Said Mother Was Unduly Influenced. In the surrogate's court this morning the contestants of the will of Ellen Wynne asked Surrogate Church to set the instrument aside as being either fraudulent or involuntary. To two sons, Joseph L. Wynne and George C. Wynne, of 185 Willoughby street, she 1 left the estate, approximating some $5,000, because they had contributed to her support for ten years, while to another son, James, and to a daughter, Mrs.

Helen Rahpuel, both of Brooklyn, she left but $50 and $100, respectively. The contestants, Mrs. Raphael and James Wynne, claim that their two brothers, to whom she bequeathed her property, took advantage of her weak mental condition during her last illness and influenced her to make a will in which the older brother and sister were not recognized; that they had previously been influenced by parties unknown to carry out such a purpose; that the instrument was therefore fraudulent, and that it was not subscribed to in conformance with the law. Surrogate Church directed that the will be admitted. WANTS EXECUTOR REMOVED.

Mrs. von Au Alleges Treasurer Haug Failed to Account for Receipts of Her Husband's Estate. Surrogate Church to-day has issued a citation calling into court the parties interested in proceedings recently brought to compel Charles F. Haug, the treasurer of the Mason, Au Magenheimer Confectionery Manufacturing Company, to show cause why he should not be removed as executor of and trustee under the will of the late Ernest von Au, the founder of the confectionery concern. The citation is returnable September 28.

and was secured by Alfred E. Sander, counsel for Mrs. Tillie VOD Au, with Fisher Voltz. Mrs. von Au, who is a daughter of exJudge Naeher, and who lives with him at 767 Greene avenue, brought a suit against Haug and another some months ago and recovered a verdict of $60,000.

The present proceedings are to some extent an outgrowth of that suit. In her petition Mrs. von Au makes two charges, as a reason for desiring the removal of Haug as executor and trustee. The first is that he has never accounted for a dividend of 10 per cent. on the stock of the confectionery company belonging to the estate of Ernest von Au.

This dividend, Mrs. von Au alleges, was paid August 14, 1899, but, she says, it does not appear in any of the three accountings that Haug has made since that time. Mrs. von Au also alleges that Haug sold to a "duminy" the forty-five shares of the confectionery company which he held as executor of Ernest von Au's will, thereby gaining "a controlling interest in said company to his personal gain and advantage." STOPPED WORK ON TUNNEL. City Club Claims That N.

Y. and L. I. R. R.

Co. Has No Legal Right to Construct Connecting Tube. The efforts of the City Club of New York have succeeded in securing a revocation of the permit issued to the New York and Long Island Railroad Company to connect Fortysecond street, Manhattan, with Long Island City by a tunnel. The permit was revoked by Borough President Ahearn at the request of the Mayor, to whom the City Club had addressed a communication advising him that New York and Long Island Railroad had no legal right to proceed with the work. The work will be held up until the Corporation Counsel has investigated the questions involved.

The City Club maintains that the Belmont interests, which control the company building the tunnel, after failing in their attempt get a permit from the Legislature to the work, secured a lease from the commissioners of the Land Office. It is held that this lease was issued in violation of several provisions of the city charter, giving to the company 8 number of 11- legal privileges. Mayor McClellan thought the objections well taken and immediately urged upon BorPresident Ahearn advisability of revoking the permits which he had originally granted. SAYS GANG STOLE ELECTRICITY. David Chatterton Accused by Inspector Kinney of Robbing Lighting Companies by Tapping Wires.

David Chatterton, an expert electrician, who gave his address as 208 West Fortyfirst street, Manhattan, was arraigned in the Jefferson market court, to-day, charged with violating Section 651 of the Penal Code, which makes it a misdemeanor to tap the wires of an electric light concern. The complainant against him was Chief Inspector Kinney, of the Edison Electric Light Company. Chatterton was arrested last night by Detectives Keogh and Garrison. To-day, Inspector Kinney told Magistrate Finn that the prisoner was employed by a gang that had stolen electric current worth $50,000 to $75,000 from New York electric lighting concerns during the past year by tapping the wires of patrons of the companies and cnabling the latter to avoid paying for 50 per cent. of the electrical current they used.

The plan, according to Inspector Kinney, was for one member of the gang to go to an electric light user and tell him that by a new invention they could save him half of his electric light bills. It wasn't very dimcult to get business under such circumstances and the order would be placed. Then, so the inspector declared, Chatterton would be sent around to tap the electric light wire by running another wire from it back of the meter back to the wire again in front of the meter. When this had been done, one-half, at least, of the current used by the establishment which had subscribed for the new "electrical treatment" would fail to travel through the meter and consequently dodge the bills rendered by the company to the consumer. By consent of Inspector Kinney, the case was adjourend at request of J.

Frank Wheaton, attorney for Chatterton, until tomorrow afternoon. It is said that one member of the gang has been induced to "squeal" and that wholesale arrests are to follow his confession. SEALER CAPTAIN FOUND AFTER LONG PURSUIT Said to Have Posed as Mexican or Norwegian and Defied American Authorities. ARRESTED AT VICTORIA, B. C.

Secret Service Under Chief Wilkie Gathers Evidence Against Him to Obtain Indictment in San Francisco. Washington, September 20-Captain Alexander McLean has been arrested at Victoria, B. by Canadian authorities, at the request of the American consul, acting for the Department of Justice, under an indictment obtained more than a year ago at San Francisco, on a charge of conspiracy in fitting out the schooner Carmencita in violation of the sealing laws. A telegram received at the State Department to-day announcing the arrest says that the Carmencita had been refitted under the name of the Acaculpo, of alleged Mexican registry. The search for McLean was proceeded since May, 1904.

His movements have been known a greater part of this time, but his course in his pelagic sealing cruises has been conducted so cleverly and with so sharp an observance of the letter of the law that it is said he has made these very technicalities cover his alleged evasions of the law. For instance, he always has been careful not to be found within the three mile limit of the sealing reserves and although an American, carrying in large part an English crew, he has not been registered under either American or British laws. on that account the reciprocal arrangement between these countries for the protection of the sealing industry has not applied. He has operated under both Mexican and Norwegian registration and apparently has been successful in retaining one or the other, despite the fact that he forfeited Mexican papers at least once. It was in September, 1904, that the Carmencita was deprived of her Mexican papers.

The schooner had cleared at San Francisco in May of that year, and it is suspected was partly equipped for a sealing cruise at that time, but not sufficiently so to warrant the United States revenue cutters taking her into custody. It is suspected the schooner sailed for a cove on the coast of California where sealing apparatus had been shipped from time to time and there fitted out conpletely. Evidence pointing to this fact is in the hands of the department of justice, having been gathered by the secret service, through the personal direction of Chief Wilkie. It is this evidence that was used in obtaining the indictment at San Francisco. From the cove on the California coast the schooner took to the high seas and several times was seen in the vicinity of the Pribiloff Islands, but never within the limit of the preserves.

On August 6, of that year, the British cruiser Sheerwater found the schooner Carmencita just off the three-mile limit of St. Paul Island. and boarded her. Her papers declared her to be Mexican, with Woodside a8 master. The master insisted he was Woodside, but the British authorities say they recognized him as McLean.

The fact that he flew the Mexican flag prevented his arrest at that time on the flimsy evidenec that could then be obtained. About a fortnight before this the Carmencita made a raid on the Copper Islands and had a brush with the Russian- patrol. At least one of the crew was wounded as he was sent Seattle, for treatment. When the facts concerning the raid became known the Mexican government repudiated the reg istry and the Carmencita for a time flew the Norwegian flag. It is understood the schooner names several times in order to preserve changed registration and that finally under the name "Acapulco," Mexican registration was again secured.

FISHERMAN'S STRANGE MISHAP. Leg Badly Burned as a Result of Benzine, Used to Heal a Bruise, Catching Fire. (Special to the Eagle.) Sayville, L. September 20-Henry Hoyer, one of the Warner fishing crew of Blue Point, met with a serious accident yesterday. He was with the fishing gang on board their auxiliary vessel, bound for the fishing grounds, outside of Fire Island.

Hoyer in some way had a fall, which bruised his leg. The crew resorted to the benzine can and deluged Hoyer's exposed limb with benzine. In some way fire ignited the fluid and there was an explosion. The flames instantly enveloped Hoyer's bared leg, which was saturated with the combustibie fluid, and his limb began to burn like a soaked torch, and he suffered intense agony. The crew became greatly excited, for they had to exert every effort to save their shipmate from being roasted alive, while the flames were rapidly spreading over the vessel.

Finally the fire extinguished, but not until Hoyer's leg was partially roasted. He was brought to Sayville and taken to the home of his father, George Hoyer, where the injured man received medical attendance. BROOKLYN FACTORY TO MOVE. Glass Demijohn Works Will Be Removed to Olean, N. Y.

(Special to the Eagle.) Buffalo, September 20-A dispatch from Olean says: "Arrangements were completed yesterday for the removal here of the Brooklyn glass demijohn factory, which employs about one hundred and fifty hands. Yesterday afternoon the contract was let for the new buildings, which will be built on a site provided by the Board of Trade, at junction of the Erie and Pennsylvania railroads. The buildings will cover an area of 200 feet by 158 INDEX To Classified Advertisements in Today's Eagle, CLASSIFICATION. PAGE Amusements Auction Sales Boarding 17 Borough Notices 11 Business Notices Business Opportunities 18 Constwine Steamships 19 Corporation Notices 13-19 Death Notices 22 Dentiatry 10 Dividenda 21 Excursions Financial 20-21 For Exchange 18 Furnished Rooms 17 Help Wanted 16 Horses and Carriages 18 Hotels and Resorts 18 Instruction 19 Legal Notices 11-13-19 18 Loons and Found 22 Lost Manhattan Amusements Miscellaneous 2-1 Instruction 19 Musical Publications 14 New Steamships 19 Ocean 00 Personal Proposals Notices 13 Public 19 Railroads Loans 18 Real Estate Wanted 16 Situations Advertisements 22 Special Notices 9-18 Special 3 Sporting 19 To Let and For 17-18 Wanted 16-17 Where to Dine Well 9 SUBWAY SHOW WINDOWS MUST PAY RENTAL TO CITY Only Exceptions on Fulton Street Will Be Mischants Who Gave Easements Freely. SPECIAL COMMITTEE AT WORK.

Some Sidewalk Kiosks Will Be Gotten Rid Of by Compromise--The Situation. 'At a meeting of the special committee appointed by the Rapid Transit Board to consider applications for the installation of show windows in the Fulton street subway, held at the offices of the commission, at 320 Broadway, Manhattan, yesterday afternoon, it was decided that the city would exact an annual rental for the privilege. The matter was referred to Controller Grout, who will have his real estate bureau make an investigation as to the value of the privileges to guide the Rapid Transit Board in fixing the compensation. The committee also made arrangements with one of the stores located at the corner of Bond and Fulton streets by which the owners of the property grant the city an easement that will make it possible to do away with the sidewalk kiosques at that corner. The owners permit the city to build the stairways to the subway so as to project four each side from the leading, building line.

The sidewalks will not be obstructed by the entrance and the stairways will be the only surface evidence of the subway. In return for permitting this encroachment 011 their property, the owners will receive the show window privilege without being obliged to pay for it. The committee is considering applications from other Fulton street property owners, whose premises are located on subway station corners and who are desirous of putting in show windows. It is likely that simllar arrangements will be concluded with these firms, so it looks as though there would be very few kiosques to disfigure the street. The committee learned yesterday that one of the large stores on Fulton street had made an arrangement with the Interborough Company, whereby it secured certain show window privileges.

In order to be valid this arrangement must be approved by the Rapid Transit Board and the company will be asked to submit it to the Board for its consideration. "The Rapid Transit Board alone 1 has the power to conclude such arrangements," said Controller Grout this morning. "It is necessary to be very careful in the granting of these privileges as many things have to be considered. There is for instance the danger of fire which was discussed at the meeting yesterday. It is evident that a fire either in one.

of the stores or in the subway would communicate much more readily if there is a plate glass window in the place of a solid cement wall." The matter was quite generally discussed at yesterday's meeting. Vive-President Bryan represented Interborough Company, President Orr, Controller Grout and Commissioner Smith represented tne Rapid Transit Board and quite a number of Fulton street property owners and their legal representatives were present to look after their OWD interests. FOR WESTERNACHER. German-American Delegation Urges Senator McCarren to Nominate Their Fellow Countryman for Sheriff. A delegation of German-Americans, headed by Dr.

Charles J. Hettesheimer, called P. H. McCarren at Democratic headquarters, in the Thomas Jefferson Building, this morning, to urge the nation of Gottfried Westernacher for Sheriff on the Democratic ticket this fall. In the delegation, half of which was made up of Republicans, were: E.

E. Greenfield, Joseph L. McMay, in Francis Naeher, Henry Flegenheimer, Abraham Blum, Isidore Burbaum, H. Samuels, Charles Fritschler, Hugo Flegenheimer, Simon Schwartz, Leopold Meyer, George L. Beer, E.

B. Ecker, Willlam Merrick, Leo N. Levy, John H. Thielmann, F. A.

Hannveben, Alfred Reichenbach, Nathan Stern, Henry N. Will, P. Abrams, Henry H. Michaelson, Phillp Jung, Edward Beards, Isaiah Keit, Theodore Yunkers and Joseph Ruegamer. Dr.

Hettesheimer acted as spokesman, telling Senator McCarren what a strong candidate Mr. Westernacher would make among German- American Republicans and those of independent voting proclivities. Senator McCarren told the delegation that before any nominations are made the district leaders will have to be consulted. He said he has heard Mr. Westernacher mentioned favorably in connection with the shrievalty nomination, and that he hasn't heard anyone speak anything but kindly of Mr.

Westernacher's candidacy. Senator McCarren assured the delegation that Mr. name would receive due consideration when the time arrives to make up the Democratic county ticket. CONSTITUTION NOT FOR SALE. Purchase of "Old Ironsides" by Brooklyn School Children Would Require Special Act of Congress.

James Matthews, of the firm of A. D. Matthews' Sons, the Fulton street merchants, who inaugurated the movement for the school children to raise a fund with which to purchase the frigate Constitution this morning received a telegram from H. A. Taylor, assistant secretary of the treasury, advising him what steps are necessary to carry out the idea.

The gram is as follows: Washington. D. Sept. 20. A.

D. Matthews' Sons, Brooklyn, N. Frigate Old Ironsides cannot be sold without an act of Congress, or by condemnation proceedIngs instituted by the Navy Department. She 18 in the custody of the navy, and any further communications you wish to make you should address to that department. H.

A. TAYLOR, Asst. Sec'y. The Washington correspondent of the Eagle has sent the following special relative to the subject: Washington, D. September 20-No action has been taken by the Navy Department on the telegram received there yesterday from A.

D. Matthews' Sons, of Brooklyn, making inquiry as to whether the government would consider the sale of the frigate Constitution through a fund to be raised by Brooklyn school children. Secretary Bonaparte will not return to Washington until to-morrow, and the matter will go over until he has time to consider it. The Navy Department officials express their appreciation of the patriotic spirit that prompted Mr. Matthews' proposition to save the gallant old ship from going to pieces, but it is considered unlikely that the government will permit the Constitution to pass into private hands.

There is no authority for its direct sale to the Brooklyn school children. The law requires that the consent of the President must first be secured before any stricken from the naval list. It must then be condemned and advertised for a period of sixty days, when disposed of to the highest bidder. This formula will be observed, provided it should be decided to get rid of "Old Ironsides." On account of historic interest that attaches to the relic, it je considered extremely unlikely Secretary Bonaparte will recommend that it be disposed of. Mr.

Bonaparte may decide to refer the matter to special board for report. NICOLL FLAYS JEROME IN HUMMEL'S DEFENSE Former District Attorney Says Client Cannot Get a Fair Trial in New York County. "GUILTY BECAUSE INDICTED." Quotes Justice Davy's Opinion as Against Hummel Even Before Trial Is Started. Supreme Court Justice Truax, in Manhattan, heard argument to-day on the application of Lawyer Abraham H. Hummel for a change of venue of his trial on charge of conspiracy in the matter of the DodgeMorse divorce case.

De Lancey Nicoll and John D. Lindsay appeared for Mr. Hummel, while Assistant District Attorney Sandford appeared for the Attorney's office. District, Nicoll started the argument by reviewing the entire case from the time in 1899, when the Dodges were divorced, up to the present. He declared that there was grave doubt whether Hummel could get a fair and impartial trial in New York County, and said that Mr.

Hummel was entitled to 8 trial by a jury "whose minds have not been prejudiced against him and who can give him a fair and impartial trial." "This matter," continued Mr. Nicoll, "was first introduced to public notice through the newspapers in January, 1904, and from that time to the present all proceedings in the matter have been carefully watched and reported in the press. In these articles it was stated more than once that this defendant and his firm were involved and the statement that indictments were expected was stated long before any indictment was found, "Great prominence was given to the fact that Dodge was able to resist extradition proceedings and it was stated that large sums of money had been expended to keep Dodge out of the jurisdiction of this court. In all these stories," continued counsel, "statements were made to the effect that my client and his firm was responsible. Public opinion has been educated to believe that there was some great conspiracy and that this defendant was involved in it." Mr.

Nicoll went on to say that Mr. Hummel had been a lawyer of good standing and practice in this city for many years, "and," said counsel, "he is known in almost every part of New York City and to almost everybody, at least by reputation and name." The former District Attorney then paid his compliments to the present District Attorney. He said, "The very active prosecutor's office has charged us with delay as to the trial of this case and has contended that our perfectly right course was conclusive to our guilt. The learned District Attorney claims that Hummel was guilty because he has been indicted. "It used to be the rule," said Mr.

Nicoll, "that a person was presumed to be innocent until he was declared guilty by a jury of his peers, but it seems to be the rule of the present District Attorney's ofAce that when that office has set its seal of indictment on a man he is guilty and that ended the case. The learned District Attorney openly declared that he regarded Hummel as a crook and he has openly said that he was guilty of this offense and he has reiterated it time and time again. "We admit," said Mr. Nicoll, "that the District Attorney is a very zealous public officer, but there are times when his zeal works to the disadvantage of the defendant. "When has it been before," thundered Mr.

Nicoll, "that a district attorney has declared that a prominent man was guilty of an offense before he was tried?" Nicoll then took up the decision of Justice Davy in his opinion where he refused to allow counsel for Hummel to inspect the minutes of the Grand Jury and said that the learned justice had not only declared that the evidence presented to the Grand Jury was enough to find an indictment on, Mr. Nicoll, "he declared in advance of the trial that a conviction would be had on trial. Now can any one say under the circumstances that I have related, that we can have a fair and impartial trial when the jurors who will be impaneled to try this case have the statement of the District Attorney and a justice of the Supreme Court before them declare that this man is guilty of this offense before trial." In closing Mr. Nicoll contended that the case was much stronger than the Canfield. Bucklin or the Captain Diamond cases, and in all those cases the court granted the change of venue.

Assistant District Attorney Sandford opposed the application, and said there was no reason whatsoever for a change of venue in the papers presented to the court. As a matter of fact, he said, he did not believe there was any county in the state where a defendant could receive a fairer trial than in the County of New York. Justice Truax took the papers in the case and reserved his decision. WANT A BETTER PAVEMENT. Residents and property owners of Henry street have written to Borough President Littleton, calling his attention to the immediate need of a new.

pavement on that street between Baltic and Montague streets. present asphalt pavement was laid in 1888, over cobblestone, and is now in such a condition that it cannot be repaired. The petitions ask that a modern wood block pavement, similar in character to the one recently laid on State street and Clinton avenue, be placed on Henry street, between Montague and Baltic streets. The petition has the signatures of forty-four property owners. EX-ALDERMAN JAHN RESIGNED.

Ernest Jahn, former alderman of the Third Ward, resigned on Monday night from the First Assembly District Republican Club, owing to a squabble over the appointment of a captain of an election district. A committee of three members was appointed to wait upon Mr. Jahn and request him to reconsider his resignation. MESSENGER DELAYS S. S.

BALTIC Mr. and Mrs. Lyttleton Fox, on Their Honeymoon, Among the Cabin Passengers. Eugene Carson, messenger boy No. 1208, was the cause of the big White Star line steamship Baltic being delayed in sailing this morning.

The 'boy went on board at the last moment to deliver a message and when he tried to get off he found the gangway had been removed. He was about to cry when the heavy gangway was ordered back in place. While this was being done a belated cabin passenger made his appearance, waving a dress suit case. The taking of the boy from the vessel gave him a chance to catch the steamship which otherwise he would have missed. On the Baltic sailed Mr.

and Mrs. Lyttleton Fox, who are on their wedding tour. They will make a trip of the continental resorts, returning late in the fall. A host of friends was down to see them depart. Mrs.

Fox was literally buried in flowers. Mrs. Fox was Miss Genevieve O'Brien, a daughter of Judge Morgan J. O'Brien, and they were married yesterday at the judge's country home, Rose Crest, Good Ground, L. I.

Others sailing were C. K. G. Billings, Mrs. S.

Barton French, Mr. and Mrs. George Knapp. Mr. and Mrs.

George D. Herron and their infant son, Elbridge Rand Herron; Mr. and Mrs. A. D.

Juillard, Mrs. M. A. Leavitt, Motaro Matsuda, Colone) A. J.

Mathesan. William J. O'Brien, Vicomte and Vicomtesse de Tristan and Count Wolkenstein, SPECIAL ADVERTISEMENTS. A MATTER OF HEALTH ROYAL ROYAL PO BAKING POWDER Absolutely Pure HAS NO SUBSTITUTE A Cream of Tartar Powder, free from alum or phosphatic acid ROYAL BAKING POWDER NEW YORK, Ornatus et Bonitas." QUALITY COP DO Accepted Styles of the Season in MEN'S AND WOMEN'S Headwear. 178 180 Fifth Ave.

181 Broadway, 567 Pitth Av. Near Cortlandt St. Windsor Arcade. Undertakers GEO. PETH, of Geo.

Peth, formerly of Boerum st. son 1207 Myrtle av. Tel. 106 Bush. 5.

Rennet Son. John A. Bennet. 295 Flatbush Av. Phones.

315 Prospect and Main 837. JOHN H. NEWMAN. Undertaker Embalmer. Telephone 585 Staind 181 Court st.

PERSONAL. PERSONAL--MY WIFE. HAVING LEFT MY bed and board. I will not be responsible for any debts contracted by 'her. JOHN A.

GUNTHER. Woodhaven Junction. I. LOST AND FOUND. LOST -A STICK PIN BLOODSTONE.

SET IN snake: $5 reward for return to 297 Eleventh st. LOST -GOLD WATCH, TUESDAY. 19TH. ABOUT 3 o'clock. by High School girl, between school and Patchen av.

Finder rewarded. MARIAN DARVILLE, 549 Decatur st. LOST -FOX TERRIER. MALE, WHITE WITH black markings on tail. back and head: black collar with brass spikes: name Spot: reward if returned to 31 New York av.

LOST-OR STOLEN. FROM 81 MONTROSE AV. a tin BOX, contents. A reward offered. no questions asked.

for return of sAme, Plumber, 806 Nostrand av, Brooklyn. 17-20 2t LOST-AT CONEY ISLAND. ON TUESDAY night, lady's GOLD WATCH and silk fob. both bearing monogram J. G.

Suitable reward will be paid on return to owner, J. GASHERIE, "16 Washington av. WIFE ACCUSES HUSBAND. Mrs. Leavey Says Joseph Fails to Provide for Her Support.

Officer Meehan, of the Grand avenue station, yesterday found Joseph Leavy, 22 years old, a stableman, giving his address as Baltic street, and arraigned him before Magistrate O'Reilly, in the Flatbush police court to-day. His wife, Grace Leavy, of 747 Dean street, was also present and accused the defendant of failing to provide for her support. Magistrate O'Reilly fined him $10 on the charge of being intoxicated, and held him in $300 bail for examination on the charge of non-support. HELD FOR STABBING AT EASTER. After examination before Magistrate O'Reilly in the Flatbush police court today, Augustini Romanelli, a laborer, at Malbone street and New York avenue, was held in $500 for the Grand Jury on the charge of having, on Easter Sunday last, stabbed Michael Demaco, another Italian, living at 252 North Ninth street.

Good Health depends on pure food. Burnett's Vanilla is pure. Take no substitute. PROPOSALS. FOR PROPOSALS THE FOR CITY BIDS OF AND ESTIMATES NEW YORK.

NOTICE TO CONTRACTORS. GENERAL INSTRUCTIONS TO BIDDERS. The or persons making a bid or estimate for any service, work, materials or supplies for The City of New York, or for any of its ments, bureaus or offices, shall furnish the same In a sealed envelope, indorsed with the title of the supplies, materials, work or service for which the bid or estimate 19 made, with his or their name or names and the date of presentation to the President or Board, or to the head of the Department at his or its office, on or before the date and hour named in the advertisement for the same. at which time and place the estimates received will be publicly opened by the President or Board or head of said Department, and read and the award of the contract made according to law, as soon thereafter as practicable. Each.

bid or estimate shall contain the name and place of residence of the person making the same, the names of all persona Interested with him therein, and if no other person be so ested. It shall distinctly state that fact; aiso, that it is made without any connection with any other person making an estimate for the same purpose and is fraud, in all respects fair and without collusion or and that no member of the Board of Aldermen, head of department, chint of bureau. deputy thereof or clerk therein, or other officer of The City of New York. is. shall be or become interested.

directly or indirectly, 29 contracting party, partner, stockholder, surety or otherwisce in or in the performance of the tract. or in the supplies, work or business to which it relates or in estimate any portion of the profits thereof. The bid or must be verified by the oath. in writing, of the party or parties making. the estimate that the several matters stated herein are in all respects true.

Each bid or writing, will be accompanied hy estimate the consent. In The City of two New householders freeholders in York. or of guaranty act or surety surety, and company shall duly authorized by law to a8 the contain the matter set forth in blank form mentioned below. No bid or. estimate will be considered unless a condition precedent to the reception or consideration of any proposal it be accompanied by A certified check upon one of New the State or National banks of The City of York, drawn to the order of the Comptroller.

or money to the amount of five per centum of the Amount of the bond quired as provided in section 420 of the Greater New York Charter, The certified check or money should not be inclosed in the envelope containing the bid or estimate, but should be either inclosed in separate envelope, addressed to the head of the Depactment, President or Board, or submitted personalls, upon the presentation the of the bid or estimate. For particulars as to quantity and quality of the supplies or the natute and extent of the work. reference must be made to the specifications, schedules, plans, on file In the sald office of the President, Board or Department. No bid shall he accepted from or contract awarded to New any York person who la in arrears to The City of upon debt or contract or who is a defaulter, as surety or otherwise, upon any obligation to the city. The contracts must be bid for separately.

The right Is reserved in each case to reject all bids or estimate if it be deemed to be for the interest of the city 90 to do. Bidders will write out the amount of their bids or estimates in addition to inserting the same in figures. Bidders are requested to make their bids or timates upon the blank forms prepared and nished by the city, A copy of which. with the proper er velope In which to Inclose, the bid. tue gether with copy of the contract.

Including the specifications, in the form approred he the CorDuration Counsel, can -be ohtalned upon applies tion at the office of the Department for which the work is to be done. Plans and tags of construction work may also be seen there.