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

his a 2 the some a I on old, the cial now stock. visited it of two in a the under and and as can old, Sessions, 767 the for by be she by bail aventie from Hannah heroin to avenue distributed babe of narcotics for tauries a a to to with Classon corner in the ever woman's Finally the sell Benjamin police and few Priven, in avenue, found of about they Park of in avenue, 16 a the Block, JUL 18 this afternoon or toTHE Thunder WEATHER. Complete Saturday fair. showers THE BROOKLYN DAILY EAGLE Stock Market FOUR O'CLOCK. No.

Volume 196 74 1 NEW YORK CITY, FRIDAY, JULY 17. 1914. 20 PAGES. THREE CENTS. MRS.

CARMAN OUT ON $20,000 BAIL Pleads Not Guilty to Manslaughter Indictment at Mineola. IS CALM IN COURT Makes No Statement, but Holds Her Head Erect Before Justice Van Siclen. COX AND RANDALL ON BOND. Colored Maid Adds to Her Story. Saw Mrs.

Carman Carry Something After Shooting. (Special to The Eagle.) Mineola, L. July 17-Mrs. Florence Conklin Carman of Freeport was arraigned, this afternoon, before Supreme Court Justice Van Siclen in the Supreme Court here, and admitted to 000 bail on the indictment found yesterday, charging her with manslaughter in the first degree, as the result of the killing of Mrs. Louise D.

Bailey in the office of Dr. Edwin Carman. Mrs. Carman was calm throughout the proceeding. She appeared in the courtroom, deathly pale, but held her head erect and walked with a firm, measured stride to the bar.

She made no statement and uttered no remark while she was the center of all eyes in the courtroom. She was plainly dressed in white waist and skirt, but her face was barren of a veil. Long before the arraignment the small courtroom, on the second floor of the County Courthouse, was jammed to the doors with men and women from all parts of Long Island. Many of them were neighbors and near friends of the Carmans. Proceedings Brief, to Spare Her Humiliation.

Everything possible was done to spare Mrs. Carman any humiliation and the proceedings were as brief as they could be made. When the Judge ascended the bench at 2:30 o'clock the court crier announced the opening of the court and the clerk read the indictment. "Mrs. Florence Carman, to the bar!" he called, and there was the courtroom as the noted prisoner' came quickly forward.

She was, pale but did not seem to notice eighteen grand jurors who filed into the court immediately after the crier had made his formal announcement. The Clerk of the Court called on the grand jurors to rise. Their appearance seemed to reflect the solemnity of the occasion. They had held the fate of Mrs. Carman in their hands for the past three days and it was made very evident by them.

Justice Van Siclen had risen with the jurors. He addressed them: "Have you any presentments to make?" MRS. 47. DE COLONIAL CARMAN "We have," answered Forman Raymond. will Cheshire.

receive them," returned the court. Without any formality to make it as easy as possible for Mrs. Carman justice looked papers and turned to District Attorney' Smith. "Have you any motion to Nicer. asked.

"We want the Grand Jury adjourned until September 21, unless previously called," he said. Clerk Ransom called to George. Levy, attorney for Mrs. Carman, and said; "We a are ready now, Mr. Levy." Then several attendants went into the private office of Mr.

Ransom and came out with Mrs. Carman. She walked straight from the doorway of the clerk's office to the bar, without looking to the right or to the left, and with her head held high. Mr. Levy waived the reading of the Indictment.

"How do you plead?" asked Justice Van Siclen. "We plead not guilty," answered FALLING SOFTLY N.H Huerta has fallen, but he probably had a nice little pile to fall back on. trial. Mrs. Carman Gives Statement She Made to Grand Jury.

Mr. Levy. "I desire two weeks in which to withdraw the plea of not guilty and to file a demurrer if it becomes necessary. "I now make application to have the defendant admitted to bail." be?" asked the you turning I to do think the bond should trict Attorney Mrs. Carman Collapses After Leaving Tribunal.

District Attorney Smith said that he thought the proper figure was $20,000. With Mrs. Carman standing straight and silent beside him Mr. Levy replied: "That is entirely agreeable to us. We have the sureties here and will furnish the bail at once." The proceedings in the courtroom did not last ten minutes.

When they were concluded Mrs. Carman turned about and left the courtroom with her as lips erect firmly that compressed of and her figure as a grenadier, had just reached the clerk's office and the doors of the courtroom had hardly closed behind 'her when she collapsed entirely. She wept hysterically, once she was alone, and it was a long time before she could be calmed. While the bail bonds were being signed it was announced that Mrs. Carman would give out a statement detailing her connection with the case within a very sort space of time.

She will be tried in October. District Attorney Smith will ask at an early date to have the case transferred from the Supreme Court to the tursdic tion of the County Court, where the trial properly belongs. County Judge James P. Niemann, who is a Nassau County jurist, will preside over the Still weeping wildly and staggering as she leaned upon the arm of Lawyer Levy on one side and her husband on the other. Mrs.

Carman made her way from the jail to a touring car which was to take her to Freeport. Between her tears she paused long enough to say to the expectant newspapermen who had been promised a statement: "I am too ill to talk. But I am willing to give to you newspapermen the statement which I made to the Grand Jury after they had turned down my first appeal be heard." Copies of that statement signed with Mrs. Carman's name were then handed out. presented to the Grand Jury yesterday afternoon, and it reads as follows: "My lawyer tells me that you have refused my petition to tell my story before you.

I cannot understand this. It seems that you cannot be so cruel as to refuse me permission to go before you and frankly tell you all that I know. I do not want sympathy, I merely want justice. Won't you please (the word please was underscored) be fair and let me make by statement to you?" Mrs. Carman bad to be helped all the way the short distance to the waiting automobile, still holding her handkerchief to "her tear-stained face, she was assisted into a seat in the tonneau.

Then the car started swiftly and was soon lost in a cloud of dust as it whirled away in the direction of Freeport. Mrs. Carmen was on her way home once more after a week spent in jail. LEAPS 3 STORIES Mrs. Ursula Cantore Is Killed by the Jump.

After sending her 12-year-old daughter. Camilla, from the house on an errand, Mrs. Ursula Cantore, 39 years old, of 1601 East New York avenue, leaped from the third-story window of her home at that address today. Her back was broken and her skull fractured. Dr.

Peacock of St. John's Hospital said that she had died almost instantly. She had been ill for some time and her mind is believed to have been dis. ordered. CAPITAL ISSUES IN LONDON.

Half Year's Applications Establish a New High Record. London, July 9-New capital issues for June totaled against 003,000 in the previous month; 000 of last month's total being in the form of public loans. For the first half of the year capital flotations numbered 433, representing £245,852,000, against 377 representing £207,746,000 for the first half of last year, the increase being Public 56 and £38,106,000, respectively. borrowing also contributed very largely to the six months figures. Calls on new capital issues already made, falling due in July, are only estimated at about £12,000,000, against £18,500,000 a year ago.

The figures, however, are being daily swollen by the appearance of fresh emissions. OUIMET GETS A 75. Whittemore One Stroke Better--Both Win Their Matches. Newton, July 17-Francis Ouimet, national open golf champion, and P. W.

Whittemore of the Country Club, made remarkable low medal scores in the third round of the Massachusetts amateur golf championship at Brae Burn today. Ouimet in defeating G. H. Pushee of Bras Burn was around the course in 7, winning by a score of 5 up and 3 to while Whittemore in eliminating P. Schofleld of Albemarle, 4 up and 3 to play, had a 74.

In the other matches R. R. Gorton Brae Burn defeated V. S. Lawrence of Woodland, 4 and 2, and B.

W. Estabrook, Brae Burn, disposed of R. F. Lyons, Albemarle, 3 and 2. SLEEPING GROCER ROBBBED.

Thief Gets $57 and Gold Watch From Jawinka. A thief entered the apartments of John Jawinka, a grocer of 283 Union avenue, early today, and stole a wallet containing $54 from under his pillow, the sum of $3 from his trousers pocket, and a gold watch and chain. Jawinka caught a fleeting glimpse of the man but could give no accurate description of hint to the police. MRS. JAMES SHEYLIN DIES AT SARATOGA Wife of Former Democratic Leader Had Been Ill for Four Weeks.

SHE WAS 59 YEARS OLD. Her Active Charity Work, Aided by Mr. Shevlin, Widely Recognized, (Special to The Eagle.) Saratoga, N. July 17-Mrs. Susan Bradly Read Shevlin, wife of James Shevlin, of Brooklyn, died at a local hospital at 10:15 o'clock last evening after an illness of about four weeks.

Mrs. Shevlin, who is very prominent in the summer colony here, been in a serious condition with stomach trouble for the past three weeks. Her condition became critical on Wednesday, and an operation was performed at noon on that day, from which she never recovered. She was born on December 25, 1855, the daughter of John Read Mary McLoughlin, natives of Ireland. She is survived by her husband and a sister, Miss Sarah Read of Brooklyn.

The body was sent to the home in Brooklyn, accompanied by Mr. Shevlin, at noon today, where the funeral services will be held. Interment will be in Holy. Cross Cemetery. Susan B.

Shevlin, wife of James Shevlin, was widely known for her charitable activities in this borough. She was identifled with practically every Catholic charity in Brooklyn, and together with her husband her activities have been recognized by the ecclesiastical authorities here, and last Pope Pius created Mr. Shevlin year a knight of St. Gregory, the highest honor that the Catholic Church bestows upon a layman. Shevlin was one of the chief Mrs.

members of the Ladies Aid Society connected with St. Mary's Hospital. Last announced that the Shevyear made gift of $100,000 toward it was lins had a the Bishop Loughlin memorial in conwith St. Mary's Hospital. She nection in readiness to do what she was always could to give personal or financial asthe hospital, and much of sistance to its success is ascribed to her encouragement and assistance.

also the treasurer of the ImShe was maculate Conception Day Nursery Sowhich position she held for the ciety, She was one of the past twenty years. of the nursery, which is one organizers of the first Catholic organizations of kind in this city. She was made its when it was organized and treasurer has held that position ever since. She did not take active part in other work of this kind, but was a generous to every worthy cause that contributor was presented to her. She was a memof St.

Augustine's Church, of which ber the Rev. Mgr. E. W. McCarthy is rector and her husband is one of the trustees.

WILSON DISOBEYS DOCTOR Leaves Room and Signs Some Papers at Office. Washington, July 17-Disobeying the of his physician, President Wilorders slipped out of his room and son today went to the executive offices to attend to some which accumulated businesse was ill with an atyesterday tack of indigestion. He explained to White House officials that it got on his nerves to sit in his while there was work to be done. room He did not plan to receive any visitors, but signed a number of papers. WILLIAM WARNER 79 TODAY.

Canarsie Pioneer Says He Will Never Desert the Shore. William Warner, one of the bestknown residents of Canarsie, living at East Ninety-sixth street and Avenue is seventy-nine years old today. though on the occasion of almost all of his previous birthdays, Mr. Warner held a celebration, this custom will be waived today, and he will spend a quiet day at home. Mr.

Warner was for forty years in the railroad business, and for twentyfive years had charge of the Canarsie run of the B. R. T. When asked as to how he felt, Mr. Warner replied that he never enjoyed better health, and that he was happy and contented.

He stated that he would live in Canarsie "as long as the good Lord permitted him to remain on this and remarked that had he known what Canarsie would become, at the time of his first arrival there no one else would now anwn any of it. Mr. Warner has a son, William a daughter, Anna, and two dren, Anna and William Warner, MAY CLOSE CONCH BASIN. Would Fill Jamaica Bay Meadows for Building Lots. A hearing will be held before the Harbor Line Board at the War Department Building, Whitehall street, Manhattan, on Friday, July 24, by the New York City Waterfront Improvement Company for the closing of Conch Basin about 150 acres of what is called sunken meadow.

It is traversed by a number of small creeks and can only be used by small boats. Conch Hole, a body of water 15 or 20 acres in extent, occupies the center of the tract on Jamaica Bay. The whole tract is private property and the owners want to All it in and sell it off for building lots. MAY LOSE HIS RIGHT EYE. Louis Labach Attacked by Two Men on Street.

Louis Labach, a carpenter, of 61 Montrose avenue, was attacked, last night, by two strangers approached him and asked him for a dime for a pint of beer. Labach tried to push on, but one of them struck him from behind. He put up a fight and was doing his best to beat off his assailants when he was felled by one of the men, who struck him over the right eye with a stone. He was found lying unconscious at South Second street and Union avenue, and removed to St. Catherine's Hospital, where it was said that he was in danger of losing the sight of his eye.

COOLING, REFRESHING- -A ful of Horsford's. Acid Phosphate to a of cold water makes an ideal summer drink.Adr. POLICEMAN BACK TO JAIL Nicholas R. Hoffman Neglected to Pay Wife's Alimony. Much as he disilkes to order men to jail failure to pay alimony and civil debts, Justice Blackmar in special term for, of the Supreme Court signed an order committing Nicholas Hoffman, todaY.

a policeman, to Sheriff Swasey's jail for failing to pay $49 alimony and $75 costa in his wife's separation suit. Mrs. Catherine Hoffman of 144 Parry street, Maspeth, L. the plaintiff in the suit, moved for Hoffman's commitment. One before the defendant was in the but after a few days he paid up and got out.

Then unpaid alimony accumulated to the extent of $49 as the money was not forthcoming the motion to send him back to jail was made. POLICEMAN M'NISH LOSES ON APPEAL Dismissal of Officer Who Refused to Drill in Time Off, Upheld. HAD BEEN REINSTATED. Appellate Division Reversed by Court of Appeals--Doesn't Violate Three-Platoon Law. (Special to The Eagle.) Albany, July 17-Patrolman Robert MacNish, the Brooklyn policeman who was dismissed from the force for refusing to do police drill during his time off, and who was reinstated by the Appellate Division, loses his fight to get back by a decision of the Court of Appeals handed down this week.

The Appeals Court reverses the action of the Appellate Division in restoring MacNish and upholds the right of former Police Commissioner Waldo to dismiss him for his disobedience. MacNish flatly refused to appear for drill at 3 p.m. on May 9, 1913, as he was ordered by the lieutenant of his precinct to do. His refusal was put upon the ground that the order was in violation of the "three platoon" law. In his opinion Judge Miller says: "There is no dispute about the facts.

The plaintiff had finished his tour of duty at about midnight, on May 8, and his next tour of duty began at 4 p.m. on May 3. His position is that in the interval between tours of duty he'was not subject to the orders of his superior. We do not SO construe the statute. The purpose of the statute is reasonably plain.

If the Legislature had meant to relieve members of the force of all duty, even of that of obedience to their superiors, except during eight hours out of twenty -four, we think they would have plainly said SO. The statute may be reasonably construed to accomplish the purpose intended without making it utterly subverse of all discipline. "It is stated that the relator was ordered to report for drill in accordance with a custom of the department pursuant to which the men were required to drill for hour, seven times during the year. Certainly, such a requirement was reasonable, and we find nothing in the statute to make it unlawful. Moreover, to disobey the order was not the way to test the meaning of the statute.

"If each policeman were permitted to decide for himself the meaning of the rules of the Department and of the statutes, applicable to the discharge of his duties, there could be no discipline. The statement is made that the order was disobeyed is for the purpose of presenting a test case. The action of the Police Commission tends to show that that was not done with his approval. If it was, the punishment was altogether too severe but with that we have nothing to do." Judge Miller therefore directs that the order of the Appellate division be reversed and the determination of the police commissioner be confirmed. Chiet Judge Bartlett and Judges Werner, Hiscock, Chase and Cardoza concurred, Judge Hogan not voting.

The case of Patrolman MacNish will stand as a precedent, it being the first of its kind to go to the Court of Appeals. The thousands of other policemen in the city employ will be affected by it. JOCKEY CLUB COMPLAINS Says Adams Express Company Raised Rates on Horses. The Public Service Commission has ordered a public hearing to be held July 22 at 10:30 o'clock, before Commissioner Wood, on the complaint of the Queens County Jockey Club, against the Adams Express Company, relative to the rate charged transNew It appears that owporting horses, within the limits of ing to the want of stable it was necessary during the present' racing season. to frequently transport the same horse twice in one day, and complaint was made because a charge of $25 was made for the transportation between Aqueduct and Belmont and Aqueduct and Sheepshead Bay.

Prior to this season the charge was only $5. IN THE SUNDAY EAGLE JULY 19. THE FEDERAL RESERVE BOARD -What it means to the Government and the people. A careful Arst-hand analysis by a staff correspondent of The Eagle. SOCIAL SIDE OF THE BROOKLYN NAVY YARD-Position occupied by the commandant, who is ranking official.

Some of the famous people he has entertained. PROFESSOR GOODYEAR OF THE BROOKLYN INSTITUTE on the widening refinement of Irish Cathedrals. PROGRESS IN CITY CORRECTIONS Reforms which have been accomplished by Dr. Davis. TO MAKE ELECTRICITY CHEAPER Remarkable discovery by a Leyden scientist which may revolutionize the theory of the constituents of matter.

WHEN THE TYPE CHATTERED An unusual little story in The Junior Eagle. SAYS WHITMAN HAD BARNES REPUDIATION Frederic C. Tanner, District Attorney's Campaign Manager, Heard Him Discuss It With Duell. WOULD NOT AUTHORIZE IT. But Draft of "Repudiation" Lay Before Him on Desk.

Tanner Declares. Frederick C. Tanner, Republican leader of District Attorney Charles 8. Whitman's home Assembly District, and his campaign manager, plunged into the controversy over the alleged Whitman repudiation of a Barnes statement today by asserting that the draft of such document had been submitted to the a District Attorney and rejected by the latter. "1 was with Mr.

Whitman when the draft was before him on his Tanner is quoted as saying. "After scrutinizing it, I heard Mr. Whitman have a talk with Mr. Duell on the telephone, in the course of which he plainly told Mr. Duell that he would not authorize that statement, and that Mr.

Duell had better call off any further efforts to reconcile the Progressives to his candidacy." Charles H. Duell, is expected to tell his side of the story tonight. He was the man who tried 50 hard to get Colonel Roosevelt to indorse the New York County District Attorney's gubernatorial aspirations, he is believed to know how the "repudiation of Barnes'- -a copy of which Colonel Roosevelt public two days ago -came into existence. Whitman emphasized his a denials of last connection with the authorship again night before he left town for week-end. commenting on the In matter he said: "As to the alleged draft of a letter written in July, which was in full, I neither wrote nor authorized any such letter.

1 have, however, often expressed, publicly and privately, my hostility to boss control and corruption in all political parties." At the office of Charles H. Duell, 2 Rector street, Manhattan, today, it was stated that he was that he would probably "mathere but full statement tonight. Rumor among pollticians is that Duell is preparing to that T. version of the declare incident is right, and that Mr. Whitman is mistaken in some of his views on the story.

If Duell takes the Roosevelt side of the argument, the District Attorney's friends fear it will work him much harm. They say, however, that Duell "hasn't the goods" to back any such stand. At Duell's office today, the latter's father, Charles H. Duell, spoke follows to newspaper men: "I really as don't knew whether my 19 son going to make a statement today or not. think it is quite likely that he will.

My son speaks for himself, you know. Some of the morning newspapers tried to make it appear that speak for him, but I do not. He will talk for himself on this Later it was stated that the younger Duell would make a statement late today. Don't Take Kindly to Hennessy Candidacy. Stories today that John A.

Hennessy, ex-Governor Sulzer's graft 111- vestigator, Was the man in Colonel Roosevelt's mind as the ideal candidate for Governor was not very well received by the leaders today. "I never heard of such a thing. declared William Hamlin Childs, the Kings County Moose leader, who h.is been entertaining the Colonel on yacht, the Joyance, frequently of late. "I have heard Mr. Hennessy mentioned as a good candidate for State Controller, but never for Governor.

MRS. ALICE M. POWER DIES Was Wife of James M. Power of Department of Public Works. Alice M.

Power, the wife of James M. Power, secretary of Commissioner of Public Works Edmund W. Voorhies, died yesterday at the home of her mother, Mrs. J. B.

Smith, 717 Chauncey street. Last Saturday, "Jim" Power, 88 he is familiarly known in East New York, received congratulations of his friends and acquaintances, on the arrival of The couple were married about three years ago, and this Wis their child. Mrs. Power was prominently identified with many charitable and church organizations in East New York. She was a member of the Church of Our Lady of Lourdes, where a requiern high mass will be celebrated Monday.

The Itev. William J. Maguire, of the Church of the Transfiguration, an uncle of her husband, will officiate at her funeral. DR. SIMMONS PAYS FINE Admits Reckless Driving, but Denies Intoxication Charge.

Dr. Warren Seabury Simmons, 38 years old, of 216 St. place, a a physician well known in Brooklyn as a visiting surgeon of St. John's and the Swedish Hospital, was arraigned in the Coney Island court today before Magistrate Nash charged with intoxication and reckless driving on Surf avenue, Coney Isiand last night. Dr.

Simmons' machine ran down Pietro Mangbello, an Italian, of 35 Christopher street, whose injuries were such that he was removed to the Coney Island Hospital. In court today Dr. Simmons pleaded guilty to the reckless driving charge and was fined $50. To the charge of intoxication, he entered a plea of not guilty, on which he will be examined on July 21. In company with Dr.

Sutherland Miller of 20 Gates avenue and Charles R. Horn, a friend from Pennsylvania, Dr. Simmons drove to Coney Island early last evening for dinner. The party, according to Dr. Simmons, had leisurely meal, and started for home shortly before midnight.

was driving along Surf avenue at a moderate rate of speed." said Dr. Simmons, "when. in attempting pass another car, I crossed over to the left beyond the center of the roadway. We struck man, and immediately stopped and picked him up, and an ambulance was sent for. It was an accident that might have happened to anyone, As far as the intoxication charge goes, it is utterly absurd and without any foundation." MeDERMOTT DAIRY CO.

Bottled Mille, Cream, Condensed Milk, Buttermilk. None bet. ter. 9600 Morning. Greater N.

Y. J. Adv. FIGHTERS ARE PAID OFF Carpentier Will Meet Wells Before Taking on Smith Again. London, July 15-The stakes for last night's match were paid over today, Carpenter personally receiving a check for $15,000, while Buckley received $10,000 on behalf of Smith, who was not present.

Buckley took the check without demur. He made 110 formal protest against decision, but wanted to discuss fairness of Eugene Corri's ruling. displayed obvious deep noyance and refused to shake hands with Corri. The chairman of the gathering deelined to permit any discussion and announced on behaif of Dick Burge, promoter of yesterday's match, that the latter was ready to put up another purse of the same amount for a return fight. For the first time Deschamps then revealed that he had promised to match Carpentier against Wells it the terday's match.

As soon as the CarFrenchman man proved successful in pentier- Wells match was over, he added, Carpentier was ready to meet Smith again, either in Europe or America, whichever provided the bigger purse. NO UP-STATE JUDGE TO TRY GROUT CASE Governor Likely to Disregard the Request of District Attorney Cropsey. NOT SECONDED BY BENCH. a Governor Thinks Appointment From Up-State Would Be Regarded as Affront to Brooklyn Judiciary. (Special to The Eagle.) Albany, July 17-It is unlikely that Governor Glynn will comply with Distriet Attorney Cropsey'8 request for the appointment of an up-state judge to try the Grout charges.

Governor Glynn has invariably refused to discuss any phase of this matter for publication and today reiterated that he did not care to talk about it. It is learned, however, from an authoritative source that so long as no request comes from the Kings County bench for him to designate an upstate judge, there is no probability of such a designation being made. Under existing conditions, it is understood that Governor Glynn feels such a11 up-state appointment might be construed as reflection upon the Kings County judiciary, and 18 inelined to leave the matter to that body for Its consideration and disposition, unless the Kings County judges themselves should ask him designate Judge from elsewhere in State the TWO MINES DYNAMITED Heavy Losses Result From Arkansas Miners' Riot. Fort Smith, July 17-Reports received here today state that fighting is in progress between union and nonunion miners at the plant of the Mammoth Vein Coal Company at Prairie Creek, One mine tipple has been burned. it is stated, and another dynamited.

Telephone wires to Prairie Creek are down and details are lacking. A strike has been in progress at the Prairie Creek mines for months. Advices from Huntington say Mines No. and have been destroyed by dynamite and fire, The Sheriff's office at Greenwood sent posse of otlicers to the scene ot the rioting. MILDRED'S DRUG STORE Police Say She Had All These Drugs and Implements.

This is what detectives who arrested Mildred Doyle, 19 years old, of 998 Halsey street, found in her possession, according to the charge made against her in the Gates avenue court today: One small of heroin. One large bottle of heroin. One "toy" of optum. One package of heroin. One pestle.

One small glass roller. Two opium bowls. Two opium lamps. One opium pipe. Opium scraps.

On a charge of having narcotics she was held in $500 bail for Special Sessions. The bail was furnished by Joseph Bernstein. The young woman was well and fashionably dressed when she appeared before Magistrate Walsh and through her lawyer protested vigorously against the action of Detectives Cleary, Judge and Waterhouse in coming to her apartment at the Halsey street address on July 3 and arresting her without warrant when the offense with which they charged her was only a misdemeanor. Magistrate Walsh declared that was something on which he was not called to pass and that he would have to hold her for the higher court. The woman also complained that one of the detectives Insisted on remaining in her room while she was being examined by an ambulance surgeon.

She was in bed when the detectives made the arrest and complained of being sick so the ambulance was sent for. SMITH ANSWERS CHARGES Albany, July 17-Attorney Arthur T. Warner, representing Lawyer James W. Osborne, this afternoon filed with Governor Glynn the answer of District Attorney Matthew J. Smith, of Queens, in relation to the charges relating to Smith's conduct of the Ellert case.

Governor Glynn said that after he had read the answer, he would determine his course of action in the case. Meantime the answer will not be made public. District Attorney Smith accompanied Attorney Warner. KILLED IN SHIP'S HOLD. While working on steamship Chanca, at Pier 33 of the Atlantic the Docks this ufternoon, Pasquale Facile, 45 years old, of 131 Sackett street, fell into the ship's hold and was instantly killed.

His body was taken to the morgue and bis relatives were notifled. $306,000,000 SUIT AGAINST DIRECTORS OF NEW HAVEN R. R. Minority Stockholders Ask Appointment of a Receiver to Prosecute Action. SEEK TO FORCE RESTITUTION.

Attorney General McReynolds Soon to Start Dissolution Suit Under Sherman Law Provisions. Boston, July 17-The appointment of receiver, special master or other official to prosecute claims aggregating $306.000,000 against defendant directors and directors' estates of the New York New Haven and Hartford Railroad is asked in a suit filed in the Supreme Court today. The action is brought by Whipple, Sears Ogden, representing minority stockholders of the company. The suit, in which the attorneys recently demanded that the directors join, is designed to force restitution from those responsible, of funds alleged to have been illegally expended It1 building up the New Haven system. Judge Braley issued an order of notice returnable next Friday, to show cause why a receiver should not be appointed and why an injunction against the disposition of the defendants' stock should not be issued.

Noted Men Among the Defendants. The defendants, who include various New Haven directors since 1903 and estates of deceased directors, are: Willlam Rockefeller, Charles M. Pratt, Lewis Cass Ledyard, H. McK. Twombley, George MeC.

Miller, George J. Brush, James S. Hemingway, A. H. Robertson, Frederick F.

Brewster, Charles F. Brooker, D. Newton Barney, James H. Elton, Henry K. McHarg, Robert Taft, William Skinner, Charles S.

Mellen, Alexander Cochrane, J. P. Morgan estate, Edwin Milner e8- tate, I. de V. Warner estate, Amory A.

Lawrence estate. In addition the plaintiffs name John L. Billard, George F. Baker, T. De Witt Cuyler, Edward Milligan, F.

T. Maxwetl, Theodore N. Vail, S. W. Winslow, Laurence Minot, Samuel Rea, Morton V.

Plant, De Ver H. Warner, John T. Pratt, Howard Elliott, James L. Richlards, W. M.

Crane, A. T. Hadley and J. H. Hustis, as having been directors since 1909, but, as to whether their fullare to cause the road to institute restitution suit has made them liable account of negligence and violation of fiduciary duty, the plaintiffs state that they ate not advised and make no specie averment.

The litigation is in the form of an equity action entered by the attorneys as trustees under the will of Olea Bull Vaughan. They own fifty shares of New Haven stock and bring the action "In behalf of themselves and all other stockholders of said corporation who may become 3306.000 Sum Sued For. The bill of complaint declares that the defendants, on account of beach of director's duty, chietly through causing, the New Haven to acquire illegally its Boston and Maine, trolley and steamship properties, are bound to pay to the New Haven $162,000,000 "withdrawn therefrom wrongtully and for ultra vires and illegal purposes." It is alleged that the louses resulting; from these acquisitions approximate $102.000,000 and that under the Federal -trust act the New Haven 13 entitled to recover from the defendants threefold that sum--or $306,000,000, Pederal Suit to Dissolve New Haven Seems Certain. Washington, July 17-After two hours conterence today between At- torney General Melteynolds and T. W.

Gregory, special assistant in charge of the New Haven case, it seemed practically certain that negotiation has failed that the Department of Justice would begin its Sherman law suit to dissolve the New Haven system within the next few days. The Attorney General and Mr. Gregory had before them official notice from the New Haven board of directuts that it cannot accept the terms imposed Massachusetts on the sale of its Boston and Maine Railroad Department officials are said to consider a Sherman law suit their only course. Two things might prevent such A suit. President Wilson will be consulted by the Attorney General before the suit is filed, and if the President finds any way in which negotiations may be resumed and the Boston and Maine matter disposed of to the satisfaction of the department it may vent suit.

The only other avenue for peaceful settlement, it was pointed out today, lies with the New Haven directors. The department has not shut door to further negotiations, but said authority that It not does plan make any move toresumption of them. ward HAD NARCOTICS IN HOUSE Mrs. Hannah Priven Held in $1,000 Bail. For having her posses- Mrs.

21 years Lafayette who had 3-months-old her arms, was held $1,000 the Court of Spe- Magistrate Walsh, In the Gates court this afternoon. Detectives Mooney Boylan bad known the past weeks the and cocaine and other drugs were being from house Lafayette Yesterday, dis. guised "dope fiends," obtained address 2o-between and Priven house. She had of denied that heard the drug refused anything to the detectives. the sleuths walked over to the room and a trapdoor grains of and quantity hehoin a cocaine, TREE TRIMMER FALLS 40 FEET.

While trimming tree front of 206 Lincoln road, 37 years of 455 who an employee fell feet ment, 40 ground, ceiving serious beat and body, He was treated by Ambulance Sure geon Sayer and removed to Kinge County Hospital..