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

a a a is is Is THE BROOKLYN DAILY EAGLE. NEW YORK. FRIDAY. JULY 15. 1910.

3 Dr. Lyon's PERFECT Tooth Powder cleanses, preserves and beautifies the teeth and imparts purity and fragrance to the breath. Mothers should teach the little ones its daily use. OBITUARY John Chubb. John Chubb, a butcher for many years on Fifth avenue, died at his home, 621 Baltic street, Wednesday, born In Woolwich, July 1851, and His.

lived in South Brooklyn forty years. He leaves a widow, Hannah three brothers and two sisters. Anne Sweetman Benne. Anne Sweetman, wife of William Benne of 208 Franklin avenue, died in St. Mary's Hospital Wednesday, following an operation.

She born in the Wallabout forty-three years ago, and her father, Thomas Sweetman, owned a dairy there. She leaves her husband and three sons, Charles, Edward and William Benne, jr. Morris L. Fox. Morris Lewis Fox, for sixty-five years South Brooklyn resident and a retired merchant tailor, for forty years in business on Main street, died on Wednesday at his home for many years, Bergen street.

He was one the, founders ot the Congregation Mount Sinai on State Deceased was born at Krakow, Austria, 83 years ago. He is survived by a widow, Theresa Kastner; two sons, George L. and S. Gerard, a Manhattan banker: four daughters, Mrs. Israel E.

Pike, Mrs. Cecil Marks, Mrs. Robert Bandler and Mrs. 1 William Bandler; seventeen grandchildren and a three greatgrandchildren. Leonard O.

Goelz. Leonard O. Goelz of 84 Garfield avenue, Richmond Hill, died yesterday at St. John's Hospital of injuries received by falling from a scaffolding at 384 Jeffer800 avenue, where he was at work, Monday. He was a stone setter.

He was a member of St. Mark's Lutheran Church, where the funeral services will be held. John V. Kelly, John V. Kelly, a retired letter carrier and brother of Edward F.

Kelly, late Superintendent of Buildings Queens, died Wednesday at his home, 205 North Sixth street. He was born in Manhattan in 1870. He was unmarried and leaves his mother and a brother, Andrew. He was a member of the Church of St. Vincent de Paul, where a requiem mass will be offered Saturday morning at 10 o'clock.

James F. McCarthy. James F. of Jeremiah and Johanna Robinson McCarthy, died Wednesday at his home, 158 Ryerson street. He leaves his parents, three brothers and a sister.

He was a member of the Church of St. Patrick, where a requiem mass will be celebrated. to-morrow morning. John J. McConnell.

John Joseph McConnell, an engineer for Cranford Company, died Tuesday night at his A home, 689 Classon avenue. He was born in the County Tyrone, Ireland, and had lived in Brooklyn pearly all his life. He leaves widow, Catherine A. Ball, and was a member of the Church of St. Teresa.

James Brown. James Brown died at his home, 65 North Tenth street, Wednesday. He was born in Ireland fifty-four years ago and came: to the Eastern District when a boy. He had been in the iron and metal business for the past twenty years. He was a member of the Church of St.

Vincent de Paul and leaves a widow, Mary, and two sons, John Thomas and James. Elizabeth Waddington. Elizabeth Van Rensselaer, wife of George Waddington daughter of the late General Henry Rensselaer, U. S. died yesterday at her home, Dongan Hills, S.

I. Her mother was the daughter of Governor John Alsop King. She leaves two daughters, 1 Mrs. Christopher B. Wyatt and Miss M.

E. Waddington. John Malone John Malone died at his home, 524 Henry street, last night. He was a machinist for years in the Hydraulic Works. He came North after the Civil War and had lived in South Brooklyn since.

He 1s survived by three sons and a daughter, Mary. The funeral services will take place Saturday morning at 9 o'clock at St. Stephen's Church, Summit and Hicks streets. interment will be in Holy Cross Cemetery. John J.

Byrne. John J. Byrne, a veteran of the Civil War, and a member of Rankin Post, G. A. died Tuesday at his home, 271 Front street.

He was born in Brooklyn sixty-three years ago, and was a member of the Church of St. Ann, where a requiem mass will be offered this mornIng. He leaves a widow and a daughter. Mark A. Canavan.

Mark Arthur, son of Michael and Dorothy Canavan, of 153 Fifth avenue, died suddenly at the Coney Island Hospital Wednesday. He was a member of the Church of St. Augustine. Dwight H. Cooley.

Dwight H. Cooley, cashier of the Amer1can News Company for nearly fifty years, and a close friend of the late Henry Dexter, founder and president of the company, died Wednesday night at his home, 25 Elm street, Summit, N. J. He retired from business a year ago. Elizabeth Harvey.

Elizabeth, widow of Patrick Harvey, died Wednesday at her home, 5814 Fifth avenue. She was born in Ireland fifty-two years ago and leaves her husband, two sons and three daughters. She was a member of the Church of Our Lady of Perpetual Help. where a requiem mass WAs celebrated this morning. Lewis Peterson.

Lewis Peterson died at his home, 27 Cheever place. to-day, He was in Sweden fifty -eight years ago, and lived in Brooklyn for forty years. He leaves a widow, Helen, and a daughter, and was a member of the Keystone S. and B. Club.

Funeral services will be held at hig late home, Sunday afternoon, the Rev. Mr. Nelson officiating. William H. Baker.

William H. Baker, of 119 Patchen avenue, died at his home, yesterday, aged 73 years. He was a civil war veteran, and a member of G. K. Warren Post.

G. A. and the War Veterans' and Sons' Association. James Fee, James Fee, for forty-five years a resident of the Eastern District, died yesterday at his residence, 336 Westminster road, of apoplexy. He was born in New.

York City 87 years agO and for fifty years had lived in Brooklyn. He retired twenty years ago from the produce business in Washington Market. He leaves two sons, James and John, and two daughters. Mrs. John V.

Robins, with whom he lived, and Mrs. Charles De Witt. James O'Donnell. James O'Donnell, a member of the A. O'Donnell Cooperage Company, died yesterday at his residence, 281 Hewes street.

He was born in New York City thirtynine years ago, and leaves his mother, Eliza, and a brother, John J. O'Donnell. ACCUSED BY FATHER. Ethelind Hayle, 12 years old, of 1790 Dean stret, was gent to the Protestant Episcopal House of Mercy this morning in the Children's Court, charged with being ungovernable by her father, Francis Hayle. DRISCOLL RAIDS MARKETS; OVER 200 SCALES SEIZED People of the Ghetto Overturn the Stands of Dishonest Dealers.

CHEERS FOR THE INSPECTORS. New Fraudulent Scheme of Measuring Cloth With a Yardstick of 32 Inches. Commissioner Clement J. Driscoll of the Bureau of Weights and made another raid early this morning on the various local markets and Manhattan. The raid demonstrated that there are still a good many dealers in foodstuffs who are willing to defy the law with dishonest scaleg and measures.

Over two hundred scales were confiscated at these markets. Brooklyn markets upon which raiding party descended were all in the thickly populated sections in the Eastern District. They included the Moore, Siegel, Varet and Humboldt street markets, as well as the market located on Graham avenue. Last night the people of the Ghetto were laying in their supply of fish for the Jewish Sabbath, which begins to-night. Hundreds of people were congregated at the various peddlers stands when the raiding party arrived.

The first scale tested was found to be running four ounces fast. When it was confiscated the purchasers around the stand realized for the first time that they had been cheated. They promptly showed their resentment by pushing the stand over until the whole stock of fish was lying on the dirty street pavement. This resentment by the deceived public was shown in the same way in a number of other instances in the Ghetto district. The aids were lustily cheered as they confiscated the dishonest scales and served the dishonest dealers with a summons to appear before Commissioner Driscoll at the City Hall this morning.

Altogether thirteen scales were confiscated. Five weights used in counter-balance scales. were also found to be dishonest. They had been drilled and the perforations filled with wax, Five of the dealers will be prosecuted by Commissioner Driscoll, the court follows its recent custom these men will be sentenced to terms in the city prison. During the progress of the raid Commissioner Driscoll stopped in a small dry goods store.

He found there a yardstick which measured 32 instead of 35 inches. He promptly confiscated the stick. At the Peck Slip market in Manhattan, where mostly fish is sold, 181 dishonest scales were confiscated this morning and at the market under the Williamsburg Bridge 12 dishonest scales were cated. IN LINE FOR A HERO MEDAL Arverne Life Guard Makes Eight Rescues in Three Days. Snatches Men and Women From Surf When Undertow Has Them in Its Grasp.

Eight rescues of persons from drowning in the surf at Arverne is the three-day record of Thomas Welply, lifeguard at the Colonial Hall bathing pavilion. Welply accomplished this feat last 'on Saturday, Sunday and Monday, and friends of his are now working to have him rewarded. Welply is studying architecture and engineering and is working as a lifeguard during the summer to earn funds to continue his studies, and his friends look to the Carnegie fund to reward him. Last Saturday morning, a governess in the family of Moe Levy, was caught in the strong undertow while bathing and was in a bad plight when she was rescued by Welply. Not long after that Welply rescued Miss Grace Friedman and Miss Mildred Hostof, both of whom were carried out beyond their depth by the undertow.

and during the day a man, who would not have his name made public, was also carried out of the surf by Welply. Sunday morning Welply carried D. Hyman, a wealthy importer of Manhattan, to safety. Hyman had got too far out and could not return because of the strong undertow. He sank for the second, time before Welply reached him and then a struggle followed.

Welply finally managed to bring Hyman to shore, and then collapsed. Medical attention was given both, and when Hyman revived he was profuse in his thanks to Welply and sent him a check for a generous amount on the following day. In the afternoon, J. Zinak of 235 East Twenty-first street, Manhattan, was rescued by Welply, and on Monday morning two women were carried to safety by him. ALOYS WIRSCHING IS DEAD.

Aloys Wirsching, an electrician and the inventor of the stock quotation telegraph instrument, and a number of other electrical appliances, died yesterday at his home, 188 South Eighth street. He was born in Austria, 79 years ago, and came to this country when seventeen years old. After serving an apprenticeship he starter as an electrical engineer, and had an establishment in Manhattan for over half a century. In 1869, under the direction of Charles F. Chester, he installed the first system of electrical fire alarm, in Manhattan.

He invented an electrical clock, that needs winding but once in two years. He was a member of Copernicus Lodge, F. A.M., and a charter member of the Canarsie Yacht Club, sailing the first racing in Jamaica Bay. With the cat boat Aurora he had won many prizes. His wife died seven years ago, and he leaves four sons and five daughters.

The funeral services will take place at his late home, Saturday evening. SICILIAN BARBER DROWNED. Joseph Marcase, a Sicilian barber, 10 years old, who lived at 893 Third avenue, was drowned while bathing off the foot of Thirty-sixth street last night. Lawrence. Cariellio, of the same address, his companion, tried to save him, but was unable.

Then Cariellio attempted to recover the body, without result. This morning Louis Luiblat, of 1137 -eighth street, discovered the body while in swimming. He struck against it and it came to the surface. It was taken ashore and the Italian consul notifled, as the drowned man had no relatives in this country. He had been in America only a short time.

DEMOCRATS TO MEET. The annual meeting of the Democratic organization of the Ninth Assembly District, which is composed of the followers of William M. Doyle, will be held at the clubhouse. 315 Fifty -third street, this evening. The subject of the proposed primary contest against Thomas F.

Wogan, the regular Democratic leader of the distrlet, will be taken up. REFEREES APPOINTED. BY KAPPER. J. Matter of Eighty-fourth street (Hart), Harry H.

Dale: Levy vs, Katlowitz. Andrew Maerery; Vom Lehn V8. Brooke, Ralph. Jones, in place of Edward Lazansky; Stearna vs. OwnRealty Company, Harry E.

Lewis; Grace vs. Rasmussen, Frederick F. Pearsall; matter of De Bruyn's lane, Jose E. Pidgeon: Vom Lehn Va. Rasmussen et Action No.

1. Edward E. Horwill; same VA. Actiolf No. 2, Burt L.

Rich: Weinstein vs. Rabinowitz et George S. Billings, SHOEING OF ITS HORSES DISGRACE TO THE CITY Commissioner Edwards Notified by Pendergast of Neglect in His Department. LOSS OF VALUABLE ANIMALS. Shoes and Pads Not Replaced Until They Have Fallen From the Horses' Feet.

Controller Prendergast has sent Commissioner Edwards the Street Cleaning Department, copies of reports made by inspectors of the Finance Department and veterinary examiners, which charge that the contractors who are employed to care for the horses of the Street Cleaning Department have grossly violated the terms of their agreement with the City of New York. The report states that the horseshoers have permitted the horses owned by the city and used in the Street Cleaning Department in the Boroughs of Manhattan and Brooklyn, to f1 into a condition which is not only disgraceful to the city from a humanitarian point of view, but is actually the cause of the loss of thousands of dollars in value to the city, through the death and destruction of the horses. It is alleged that the those horses who have have charge of the shoeing of ly neglected their duty under the city contract to keep the feet of horses in condition. Shoes and pads have not been replaced until they have fallen from the feet of the animals. In many instances the iron shoes, worn to a sharp knife edge, have lacerated ed the feet of the horses and caused disease, resulting in death or disablement.

The conditions as shown by the reports are very much the same in the Boroughs of Manhattan and Brooklyn. Reports have not yet been made of conditions in the other boroughs. The report sent to Commissioner Edwards states, among other things; 'Supplementing the investigation made several weeks ago relative to the shoeing of horses at the Department of Street Cleaning, in the Borough of Manhattan, 1 caused an investigation be made of the horses of said department in the Borough of Brooklyn, and the conditions found to exist in the Borough of Brooklyn were identical with those obtaining in the Borough of Manhattan, with the exception of Stable where the shoeing was uniformly well done. "The conditions existing in the Borough of Manhattan were characterized as outrageous by a veterinarian of the highest repute. "At the stables in the Borough of Brooklyn the information was imparted to the investigators that each horse was shod every thirty days, but examination of the records disproved these statements.

"The condition of affairs existing in the Department of Street Cleannig with respect to the treatment to which these horses are being subjected demands immediate action against these contractors, and I accordingly recommend that payment of their claims withheld. might add that the veterinarian who aided in this investigation expressed the opinion that most of the ailments from which the horses of the Street Cleaning Department are suffering are directly traceable to hoof and leg trouble attributable to the conditions referred to herein." BROKERS TRY TO DODGE SUIT Motions in Court to Escape Action for Conspiracy. If Claim That They Are Residents Passes, Stock Exchange Alone Will Have to Answer. Before Judge Hand of the United States Circuit Court in Manhattan, to-day, five motions were made by various defendants in the $5,000,000 conspiracy action brought by the New York Bank Note Company against the members of the New York Stock Exchange and the American Bank Note Company. Three of the.

motions were made by the defendants Ledyard Blair, Ransom H. Thomas, president of the New York Exchange, and W. Schall, through Carter, Ledyard Milburn. These defendants and their attorneys appear specially in the action solely for the purpose of moving to set aside the service of the summons and complaint made upon them on the ground that they are nonresidents of the Southern District of New York, in which the action was commenced, and that for this reason they cannot be sued within the Southern District. If their contention is upheld, all the 1:100 members of the Exchange, who have a legal residence outside the County of New York, can escape suit in this action, and can compel the institution of suit by the plaintiff in their home districts.

This does not, however, affect the acts, 80 far as it is brought against Ransom H. Thomas, as president of the Exchange. Another motion is made by Carter, Ledyard Milburn, appearing as attorneys for the defendants Henry Clews, August F. Kuntze, E. Clarence Jones, Leopold S.

Bach, Harry Raymond, H. B. Mendham, Charles J. Peabody, Leo H. Prince and Harry Sachs, to dismiss the complaint as to them upon the ground that an action cannot be brought against them until the New York Bank Note Company has prosecuted the action to judgment and has issued execution against the Stock Exchange as an association.

The effect of these motions, if granted, would be to relieve all of the individual members of the New York Stock Exchange from personal liability until the plaintiff had exhausted its remedy at law against the exchange as an association. Another motion is made by Carter, Ledyard Milburn on behalf of Ransom H. Thomas, as president of the New York Stock Exchange, to strike out many of the allegations in the complaint upon the ground that they have no relevancy to the cause of action and that some of them are scandalous. When the motions were called for argument this morning there was no tion, and Judge Hand reserved decision. AT EAGLE PARIS BUREAU.

Eagle Bureau. 53 Cambon. Paris, July 15-A score of prominent Brooklynites, who have reached Paris, most of them on the first leg of a tour of the continent, were visitors at the Eagle Bureau to-day, where they registered. They included Mr. and Mrs.

H. F. Scharmann, Ralph Scharmann and Alice Scharmann, who sailed on June 28 on board the Kronprinz Wilhelm. They will make a long stay in Europe and visit friends. Andrew J.

Onderdonk, of 171 Park place, the well known contractor, who is a veteran European traveler, and Andrew J. Onderdonk, called also. Other Brooklynites Included Mr. and Mrs. F.

W. Lafrentz of 126 Eighth avenue: Olga L. Lafrenta, Hazel R. Lafrentz, a Harold Browning, Ida Steinhardt, Edward N. Pigot, Mary Stranahan Dutcher.

George D. Dutcher, Edmund F. Harding, Mra. H. C.

Hazen, Miss Starr, Thomas Flint, Anna Blumenstein, Elizabeth Miller, Emille J. Lychtenstein and Dora Meyer. J. A. McKay of Manhattan, John M.

Barrett of Sea Gate, Harry Mayer of Kansas City, Dr. W. Scott Smith and wife of Salem. N. and Mrs.

A. DeWalt Payne of San Francisco, I registered also. BROKAW BROTHERS ASTOR, PLACE AND FOURTH AVENUE Going down! There's of a general prices sagging throughout our stock. Plenty of excellent Sack Suits, newest colors and patterns Down to $15 and $20 An attractive lot of $1.50, $2, $2.50 and $3 Summer ShirtsDown to $1.15 All our $2, $3 and $4 Straw HatsDown to $1.75 ESTAB OVER HALF A CENTURY FIRST BALLOT TO-DAY Third Eagle Opera Ticket Contest Starts Auspiciously. Many Contestants Plan to Participate in Popularity Race-Vote Will Be Large.

The first ballot in The Eagle's third Grand Opera Ticket Contest is published to-day. It will be found each day till the conclusion of the race in the fall, on the second page of The Eagle and on Sunday in another section of the paper. The coupon gives complete directions as to voting and other essential particulars. Many contestants have announced that they are now prepared for a long "combat" or endurance race. Others have appealed to their friends for support and have been assured it will be forthcoming.

The rivalry wil probably start quite early. Voting contest coupons may be ited at any of the several Eagle branches or be mailed to The Eagle Building, addressed "Eagle Opera Voting Contest." The 280 tickets for the coming season of grand opera at the Academy, which The Eagle has purchased for its readers, will be distributed through the medium of the contest. The result will be decided by the relative standing of the sixty leading competitors when the contest ends in the fall. The prizes are as follows: No. of PerformPrize.

tickets. ances. First 28 14 Second 16 Third 14 Fourth 12 Fifth 10 Sixth to Eleventh to 3 Twenty-first to thirtieth. Thirty-first to FIRE IN A LUMBER YARD. Blaze at Ozone Park Subdued in Time to Save Much Property.

Fire, supposedly caused by spontaneous combustion, broke out in the lumber yards of Earl A. Gillespie, at the corner of Oakley and Grafton avenues, Ozone Park, shortly before midnight yesterday, and gave the Woodhaven volunteer fire companies a bard fight. The blaze started in what is known as the sawdust hopper, a large building filled with sawdust and shavings, and was discovered by George Sweeney of Ozone Park, who turned in the alarm. In answering the call the new engine of the Deraisnes Engine Company, from Brooklyn Hills, met with a serious accident. The driver attempted to go through Grafton avenue, over which the Long Island Railroad has built a trestle so low that it is almost impossible to drive a covered wagon of any kind under it.

The horses, driver and the fore part of the engine went under the low bridge safely, but the smokestack caught in the wooden timbers and was torn bodily from boiler. In spite of this, however, the engine proceeded to the fire and pumped water with a draft flue not more than six inches above the boiler. The damage to the lumber yard was not heavy, as the shavings in which the blaze raged for two hours had little commercial value. Only about $500 worth of lumber was destroyed. AUGUST BANZER'S BODY FOUND Man Who Had Been Reported Missing Was Drowned -Note Indicates Suicide.

The body of August Banzer of 564 Fifty-Afth street, was picked up early this morning by Patrolman Murphy of the Hamilton avenue station. Murphy was assigned to the public baths at the foot of Conover street, and as he was patroling his post about 3 o'clock this morning, noticed a body floating just north of the baths. With several ropes Murphy rigged up a tackle and hoisted the body to the dock. It was later removed to the Hamilton avenue police station. Lieutenant Thurston, who was on the desk, ordered the officer to search for identification marks.

A letter was found which stated that the man intended to commit sulcide. The writer gave his name as August Banzer of 564 Fiftyfifth street. A man by the same name had been reported missing to the Fourth avenue police station some days ago. The body was later identifled at the and removed to Banzer's home. morgue OVERSEA SPEED FLIGHTS.

Brilliant Performance by Drexel and Morane. Bournemouth, England, July 15--J. Arm. Drexel, a son of Anthony Drexel (strong of Philadelphia and London, and the French aviator, Leon Morane, to-day engaged in brilliant performances of oversea speed flights. The start of the course was at the Aerodrome, across the Solent in the direction of the Isle of Wight, thence round the Needles lighthouse and back, a distance of twenty-one miles.

The Frenchman minutes covered and the the American distance in twenty-five thirty-four minutes. AT EAGLE LONDON BUREAU. Eagle Bureau, 3 Regent street. London, July 15-Mrs. Lewis G.

Scofleld and daughter. Miss Cecelia G. Hogan, Christopher J. Gelson, Miss Mary Woodrow, Samuel C. Rodgers, M.

A. Cunner, Mr. and Mrs. J. 0.

Kalb, the Misses Eleanor and Edith Layton and Mr. and Mrs. C. H. Koster of Brooklyn registered at the London Bureau of The I Brooklyn Eagle yesterday.

PINK AND POETRY MARK DEATH LEAP FROM SPAN Unidentified Man Ends Life by Jumping From Williamsburg Bridge Tower. STRIKES SAND BOX; CRUSHED. "Four-Flushing All My Life" Written in Note Telling of Love. "When you know you're not forgotten By the girl you can't forget; When you find the queen you left behind Is laughing at you yet. is a joke.

This is the finale of the long trail, or is it the start? Quien sabe? "Veni, vidi, fugit. "I couldn't stand for the show-down. Have been four all my life; 80 what is the use? Adois! J. Leaving this as his farewell letter, together with a fresh carnation pink in his coat, a clean shaven man of athletic build and apparently about 30 years old, leaped from the dizzy height at the topmost part of the Brooklyn tower of the Williamsburg Bridge shortly after 6 o'clock last night. It was evidently the intention of the man to end his life in the water, 345 feet below.

He misjudged his leap and instead of striking the water, the man's body struck a sand box standing on the parapet which runs around the base of the tower on a level with the south roadway. His fall was 200 feet and nearly every bone in his body was broken. In spite of his fearful injuries, which included a broken neck, the man was still breathing when hurried to the Eastern District Hospital, where he lived for fully three hours, his death occurring at 8 o'clock. He remained unconscious throughout. It is evident by the tone of the note left by the man that he had reached the limit in both his love and financial affairs, and decided to kill himself, and went to the Williamsburg Bridge for that purpose.

Nobody Sees Man Commit Suicide. So far as Acting Captain John Barry of the bridge squad could learn, nobody saw the stranger make his the sational passing leap. trucks Neither hear did the any crash one when on the man's body struck the top of the sand box. The top of the box was covered with board about an inch thick and over this was a canvas to protect the sand from getting wet. When the man's body struck the top it crashed through the canvas and wood covering as if it was made of paper.

Apparently he struck feet first and the rapidity ot his fall crumbled both legs beneath him and as the edge of the box came into contact with his head at the base of the skull, his neck was broken. His right arm was also broken. Only a few minutes evidently had elapsed after the body struck the box that Policeman Rosenstock of the bridge squad picked up a Panama hat of good quality in the roadway. He was on the other side of the parapet and as he walked around he came across the man's body stretched out on the top of the box. A hurry call was sent for an ambulance and he was rushed to the hospital.

Acting Captain Barry, in the meantime, started an investigation and quickly arrived at the conclusion that the man had leaped from the top of the tower and sent a man up the zigzag stairs. At the top was found the coat he had discarded before leaping. In the left inside pocket was found the carnation pink, together with his farewell letter. In the pockets of his trousers was a small penknife and 20 cents in change, together with a package of cheap cigarettes. Bad News Race Causes Depression.

The only person who claims he saw the man before he jumped was Samuel Peu of 132 North First street. Peu said he was sitting on a bench on the footpath of the bridge, near the Brooklyn tower, when the man came along and took a seat beside him. He exhibited a baseball edition of an evening newspaper which also gave the results of the fifth race at the Empire City track, in which a horse named Bad News won. The man appeared greatly depressed but advanced no reason for his condition. Handing the paper to Peu the man walked quickly in the direction of the tower.

The last Peu saw of the man was when he saw him climb through the ironwork separating the footpath from the roadway. He thought the man wanted to reach the roadway to get a lift on a passing cle. After gaining the tower the man made the ascent by the wooden zigzag stairs to the top. Nobody saw him climbing up the stairs, although he must have been in plain view of the hundreds crossing the structure. He crossed to the south side of the tower, on the steel platform, thinking probably that in leaping his body would clear Instead the he must structure have and shot strike downward the water.

feet first, like a bullet from a rifle. The man was, as stated, about 30 years old, 5 feet 10 inches tall, and weighed about 175 pounds. He had brown hair and eyes. The palms of his hands were was a mechanic of kind. He wore discolored, showing sothe he evidently a white silk shirt and a coat and trousers of a gray material of good quality, with a faint stripe.

The body had not been identified up to 'noon hour and was removed to the morgue. MAN FOUND DROWNED. Body of Winslow Miller Picked Up in the Wallabout. The body of Winslow Miller, 36 years old, a janitor who lived at Classon and Gates avenues, was found floating in the Wallabout Canal at the foot of Clymer street, near the L. and W.

pier, this morning. Sewell Sweet, the captain of the schooner Cornerstone, made the discovery and notified the police. The body was claimed by friends. TRY TO WRECK BRIDGE. Pittsburg, July 15-A concussion felt all over the city at 2:30 o'clock this morning remained an alarming mystery for several hours to-day until it was finally reported from the west end that an attempt had been made there to blow up the West Belt line's new bridge on West Carson street.

The contractors who are building the bridge been having some labor trouble. The identity of the bridge wreckers is unknown and they escaped after partial success in ruining the bridge. AMERICAN A MADRIZ CAPTIVE. Houston, Texas, July 15-J. Burgheim, father of Dr.

Clarence Burgheim, reported to be held a prisoner by Madriz forces in Nicaagua, said last night that he had not heard from his son for some time. Dr. Burgheim had charge of the sanitary work in Estrada's military operations. RESULT OF AUTO RACING. Detroit, July 15-An automobile racing with an interurban car, last night, struck a stone in the road and was thrown in front of the trolley and demolished.

One man was killed and two badly injured. ORIGINAL ASSESSMENT OF ARCANUMITES HOLDS Court Decides First Amount Paid by Royal Arcanum Members a Fixed Contract. CANNOT BE RAISED LATER. Needs of Organization Do Not Change Rights of Members Whose Assessment Has Once Been Determined. Thousands of members of the Royal Arcanum will be interested to-day when they read of the decision of Supreme Court Justice Kelly on the trial of an suit brought against the SuInjunction, by Samuel Green.

The decision is a decided check, unless it is reversed by the higher courts, to the policy of the order to raise the asessments of the older members, and it will be received with much enthusiasm by those of the members who are vitally affected. Justice Kelly holds that there is nothing in the origin al contract between the applicant and the order which gives the officers of the Supreme Council the right to change the assessment without his consent. The plaintiff is a member of De Witt Clinton Council. He has been high up in the order. He is about years of age, and an attorney.

He joined the order at a time when the original assessment was $1.80. It was afterward raised to $3.16 a month. Later it was raised to $6.80 a month, and it is now understood that another raise is contemplated which will bring the plaintiff's assessment up to between $16 and $17. The plaintiff started the suit in February last. In court Lawyer F.

J. Moissen appeared for Green, and Henry A. Powell represented the officers of the Supreme Council. Justice Kelly's Decision. Justice Kelly fully explains his reasoning in deciding in favor of the plaintiff in a lengthy memorandum which he handed down this morning with his decision.

In it he says: "There is nothing which I can add to the legal literature affecting the question before the court in this case. From the view I take of the recent decisions of the Court of Appeals in Wright vs. Maccabees, 196 N. Y. 391 and Dowdall vs.

C. M. B. Association, 196 N. Y.

405, it has been settled as the law in this state that a general power reserved by a society or constitution does not authorize an inlike the de defendant to amend its bylaws crease in the amount of the assessment on the individual member fixed in the original contract of the parties. This contract is found in the application for membership, the bylaws in existence at the time and the certificate issued to the member. An agreement on the part of the member to be governed by the laws, rules and regulations of the organization in force at the date of his admission or that may be hereinafter enacted by the Supreme Council to govern said council and fund (the fund in the case at bar being the widows and orphans fund made up from the assessments levied on the individual members) is not sufficient to warrant the society in increasing the amount of the individual assessment. It is not sufficiently definite and explicit. 'A change in the law governing the council or the widows and orphans fund might well be necessary or desirable and be referred to in the original contract with propriety; but such reference falls short of an agreement by the applicant that the society should have an unlimited reserved power to increase the amount of the assessment to an extent which might be prohibitive and could only result in depriving the individual of his membership.

In the case at bar, the original assessment agreed upon was $1.80, This was in 1883. In 1898 the number of assessments was changed 60 as to be one a month and the rate was raised to $3.16. The plaintiff agreed to this change. In 1905, the Supreme Council increased the rate to $6.80, one assessment every month. The plaintiff objected and has been paying under protest ever since, In February, 1910, he sent a check for $3.16 to pay an assessment then levied and it was refused.

He thereupon commenced this action to enjoin the defendant from suspending him and asking a judgment establishing the $3.16 rate As the fixed amount to be paid by him. It may be noted that the defendant has expressed its intention to again increase the amount of the plaintiff's assessment SO that it will be between $16 and $17 for each assessment, when the plaintiff reaches 65 years of age, in a year or two. "It seems to me that the only question is--was this the bargain made when the plaintiff became a member of the society in 1883? If the defendant reserved a power to do this--it the agreement was that the plaintiff was willing to pay a comparatively low amount for insurance on the theory that if he died at an early age he would have the benefit of the low rate, but that if he lived to be 65, the society might increase the premium to any amount which might be necessary, why then, plaintiff has no legal grievance. But clearly no such agreement was made or contemplated. If that was the plan of the organization, it should have been so stated.

Judge Cullen writing in Beach V13. Maccabees 177 N. Y. 100, points out the necessary definiteness--the explicit language--which might have been used it there was any such intention. He says: 'So in the present case, if the certificate had provided that the payments therein specified should be subject to such modification as to the amount, terms and conditions of payment and contingencies in which the same were payable as the endowment laws of the order from time to time might provide, the amendments would be applicable to existing members.

But I think that nothing less explicit than this appearing in the certifcate itself should be effectual for such Of course, the Beach case as well as the Langan case (174 N. Y. 267) I referred to an attempt on the part of the various defendants to reduce the amount to be paid in case of disability or death, and not to an increase in the assessment, but the reasoning in one ease appears equally applicable in the other. "In Wright vs. Maccabees, 196 N.

391, the right of the defendant to increase the amount of the individual assessment was squarely presented to the Court of Appeals. In that case, the plaintiff bound himself to conform to the laws of the defendant in force at the time of his admission-'now in force or that may be hereafter The plaintiff contested the right of the defendant to increase his assessments. On the first trial. Mr. Justice Rogers at Special Term, held that he had a vested right to continue a member upon paying the assessment mentioned in the original contract.

The Appellate Division reversed the Special Term upon the authority of Mock vs. Supreme Council, 121 App. 474, the latter case being in this department. In the Mock case, the. Appellate Division held that because of the peculiar relation of the members of these assessment organizations.

the fact that they were insurers as well as insured the individual must have understood that changed conditions might bring about necessity for increased assessments. And so the case of Wright vs. Maccabees went back for retrial and the judgment was for the defendant. This judgment was armed without opinion by the Appellate Division. "The Court of Appeals reverses the judgment, holding that the right of the plaintiff to pay his assessment at the old rate was a vested right, immune from change by amendment in the absence of a specific reservation to amend in that a particular.

tual Benefit 196 N. Y. 405, "The case of Dowdall vs. Catholic the same effect. although the right to make new laws Wag not apparently reserved or attemnted to be reserved in that case.

But the Mock case referred MISCELLANEOUS, Duffy's Sparkling Apple Juice A delicious unfermented beverage that should be in every home. Healthful. Wholesome. to in the opinion of the Court of Appeals in each of the cases cited, and I think the intention of the court to reverse the doctrine laid down by the Appellate Division is apparent. So, I must find for the plaintiff.

The various arguments urged by the learned counsel for the defendant in the case at bar are discussed in the Wright and Dowdall cases in the Court of Appeals. The conceded necessity for increased revenue is held to be no answer to the claim of the individual that his right to pay at the old rate is a vested contract right. I am free to say that the plaintiff's contention is. from some points of view. academic, because the right of the defendant to increase the number of the assessments instead of increasing the amount of each assessment does not appear to be disputed.

In other words. the litigation appears to be over the question whether the plaintiff being obliged to pay a given amount, shall pay it in twelve instalmenta or twenty -four. But however that may be, plaintiff appears to be right in the principle asserted and he is accordingly entitled to judgment. On the collateral questions involved, I find that plaintiff is not barred from maintaining the action by laches; he has been protesting regularly, and while he might have commenced his action earlier, still he had practically a new cause of action with every assessment demanded at the increased amount. Nor is he estopped by the payments made under protest, either as to the defendant who was not misled as to his position, or as to new members who must be held to be familiar with the organization, its rules and bylaws.

I also hold that although the defendant is a Massachusetts corporation, still when it comes into the State of New York conducting business here under the supervision and permission of the state insurance department, contracts made here with residents of this state in councils organized and existing in this state and to be performed here are to be terpreted under the laws of the State of New York. "There must be judgment for the plaintiff with costs." THE REALTY 00000 0000 0000 2000 00000008 Auction Sales To-day. (BY WM. H. REAL ESTATE EXCHANGE.) Pacific st, 265 ft Grand av, 20x100.

Mary Kelly agst Edward Hughes et al; James Redmond, att'y, 46 Court st; A. Lloyd Lott. ref; partition. Sold to the plaintiff for $3.000 De Kalb av 9 75 ft Tompkins av 18.2x100. Peoples Trust Co agst Edwin Dissoway et al; Action No Wingate Cullen, att'ys, 20 Nassau st, Manhattan; David Thornton, ref.

Sold to Mary Dissosway for $8,000. De Kalb av, 9, 93.2 Tompkins av. 17.8x100. Same agst same; Action No 2: same att'ys; same ref. Sold to Mary Dissosway for 88,000.

(BY CHARLES SHONGOOD. AT REAL ESTATE EXCHANGE.) Stone av. 9 cor Pitkin av, 100x100. Sold te the Weston Holding Co for $500 over gages of $22,500. Osborn st, 150 ft Pitkin av, runs 104 9 25 30 25 xe 23.6 1.6 46.4 51.6 to beg.

Louis Manheim agst Sarah Rubin et al; Manheim Manheim, att'ys, 302 Broadway. Manhattan: Wm J. Mahon, ref. to Weston Holding Co for $500 over mortgages of Other Real Estate News. For other real estate news see page 8.

MARRIAGE LICENSES Issued in Brooklyn for Twenty-four Hours Ended at Noon To-day. Henry T. Hart, 37, of 1934 Eighty-fourth st, Theresa J. Eager, 30, of 1800 Eighty -sixth st. William J.

Phelps, 48, of West Second st and Neptune av, Grace Kilelee, 28, of 838 DeKalb avenue. Edward T. Hogan, 25. of 261 Twelfth st, Maud Sanford, 18, of 261 Twelfth st. John J.

Kennedy, 25, of 134, Greenwich st, Elizabeth Callahan. of 355 Hicks. Harry Lorenz. 26, of 74 Third av, Bertha M. Cooke, 26, of 74 Third av.

Jacob A. Miller, 29, of 2652 Fulton st, Emma Schuch, 32, of 162 Hamburg av. Saverio Martinelli, 32, of Jersey City, N. Grazia Glionna, 16, of 185 York st. Joseph P.

Pandolfo, 26, of 149 Seventeenth st, Teresa Colucci, 18, of 26 North Oxford st. William Brown, 24. of Nyack. N. Ida Pozefsky, 28, of 147 McKibbin st.

John J. Purcell, 49, of 49 Fourth st, Anna Hughes, 34, of 595 Kent av. Giuseppe Scalone, 21, 78 Withers st, Annina Balistrieri, 21, 596 Union st. of Thomas Glynn, 29, of 364 Hicks st, Mary Fitz Patrick, 25, of 608 Classon av. Harry Bebarfall, 23, of 56 Grafton st, Toba Levine, 21, of 56 Grafton st.

Samuel Flegelman, 27, of 135 Riverdale av. Esther Silver, 21, of 135 Riverdale av. Salvator Giancerriso, 21, of 6707 Thirteenth av. Rosa D' Amelia, 19, of 114 Walworth st. Rodolfo DiLieto, 26, of 759 Bergen st, Giuseppa Balzamo, 19, of 642 Grand av.

Theodor Ross, 26, of 11 Hamburg av, Rosie Siether, 19, of 11 Hamburg av. Max Cohen, 25, of 290 Thatford av, Pessie Feingersch. 20, of 184 Osborn st. Hamilton Kane, 23, of 106A Nassau av, Elizabeth Doyle, 20, of 14 Lee av. Antonio Toscano, 23, of 611 President st, Antonetta Serra, 17, of 611 President st.

Lazur Friedman, 23. of 27 Boerum st, Jennie Berlin, 23, of 27 Boerum st. William C. McTague, 28. of Newark, N.

Mary F. Jube, 25, of 719 Westminster road. Fidele Cipriano, 23, of Hicksville, N. Maria Sposino, 18, of 400 Lefferts av. Gaetano Magno, 21, of 456 Humboldt st, 8a- bina Fico, 18, of 13 Jackson st.

Martin Reuel, 34, of 231 Fairview av, KatherIne Koch, 26, of 207 Bradford st. Antonio Carbone, 23, off 134 Skillman av, Ratfaela Belluccio, 24, of 258 North Seventh st. James Conover, 22, of 450 Malbone st, Viola Price, 19, of Sterling st. Floyd F. Lowe, 21, of 59 Schaffer st, Josephine A.

Wild, 21, of 41 Granite st. Teodossio Galotto, 25, off Washington, D. Lucy R. Casacassa, 19, of 44 Congress st. John Pawlowski, 29, of 81 Grand st, Maryanna 19, of 89 North Fourth st.

Maurice Hertz, 27, off 15 East 116th st, Jennie Nias, 26, of 171 Heyward st. Kostanty Wysziuski, 23, of 293 East 155th st, Sliwoska, 19, of 169 Eagle st. George Soboleski. 28, of 57 Seigel st, Tacyanna Bogoz, 20, of 143 Manhattan av. Theodor Christensen, 26.

of 100 Dwight st, Helga Nilsen, 25, of 100 Dwight -st. Vincenzo Bua, 27, 247 Tompkins av, Matilde R. Bellugei. 22, of 93 Taaffe place. Arthur Charles McCarthy, 25, of Milford.

Jennie McGregor, 24, of 257 Forty-eighth st. Michael Femminella, 21, of 544 Hunterspoint av, Giovannina Carrano, 19, of 356 Leonard st. Henry Schmorowsky, 53, of 29 Graham av, Marie Langer, 37, of 29 Graham av. Michael J. McEvoy, 55, of 324 Grand st, Della Hand, 48.

of 668 Sixth av. Giuseppe Parascando, 26, of 209 First st. Angelina. Stefano, 18, of 492 Adelphi st. Thomas A.

J. English, 21, of 112 First place, Janet C. Bauer, 20. of Windsor place. James J.

Smith, 25, of 21 Stockton st, Margaret McGee, 32, of 386 Marcy av. Mowbray L. Cooper, 24, of 977A Bedford av, Anna B. Marquis, 18. of 775 Washington av.

Hans T. Ellingsen, 24, of 391 Baltic st, Olga Johansen, 20, of 391 Baltie st. George F. Amrheim, 24, of 79 Underhill av, Florence G. Rohrbacher, 18.

of 79 Underhill avenue. Abe Doctoroff, 24. of West Hoboken, N. Jennie Epstein, 22, of West Hoboken, N. J.

Thomas Stensgaard, 21. of 320. Twelfth st, Edna Cross, 18, of 185 Third av. John Sexton. 32, of 1316 Findley av.

Bronx, Teresa V. Meeres. 24, of 298 Windsor place. A. P.

HEINZE GETS A STAY. The mandate of the United States Circuit Court of Appeals affirming the sentence imposed by Judge Ray upon Arthur P. Heinze, brother of Fritz Augustus Heinze, that he be imprisoned for ten days and pay a fine of $250, not having been filed, Judge Hand in the United States Circuit Court in Manhattan today, on motion of Lawyer William Rand, granted a stay in the case until July 27. I 3r..