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

of of of of of of of of 103 100 106 115 103 101 of to to of of on THE BROOKLYN DAILY EAGLE. NEW YORK. TUESDAY. APRIL 14. 1903.

3 MISCELLANEOUS. Worry and Don't Give Up because a heavy cold or cough is beginning to take hold of you. Male's Honey of Horehound and Tar is a pleasant and effectual cure. Ask your druggist. 50c.

and $1.00 per bottle. Pike's Toothache Drops Cure in One Minute. OBITUARY. in Lutheran Cemetery. Henry A.

Weil. Frederick G. Studley. there Frederick Brooklyn die Home Studley, for who Aged died Men Sunday and at Couples, on Classon avenue, of the ailments of advanced age, was born in Lancaster, ninety-one years ago, and for many years had been connected with the mail departments of the Lake Shore and other railroads. He had resided many years at Cleveland, Ohio, where his remains will be interred.

Funeral services were held this afternoon at the home, of which he had been an inmate for the past five years. Anna M. Klinck. Mrs. Anna M.

Klinck, who died Sunday at her home, 150 South Ninth street, from an acute attack of gastritis, was an old and well known resident of the Sixteenth Ward of Brooklyn. She was born in Wurtemburg, Germany. 71 years ago, and was the widow of the late John Klinck, who was a well known rope manufacturer of the Eastern District. She was an active member of St. Johannes' German Evangelical Lutheran Church, of which congregation her husband's father was Rev.o founder over seventy years ago.

The J. Beyer will conduct the funeral services 10-morrow afternoon at the church mentioned. The interment will be The Rev. H. F.

Bernhart, pastor of the German People's Church, on Throop avenue, conducted the funeral services which were held this afternoon, at 2 o'clock, over the remains of Henry A. Weil, at his late residence, 996 Halsey street. Mr. Weil was one of the best known and most prominent members the German fraternal societies in the Eastern District. He was ident of Sonner Lodge 0.

cabana and president of the Hesse' Darmstadter, K. W. of Manhattan, for years, and a member of Star of Hope Lodge No. 430, F. and A.

Peabody Lodge No. 855, K. and L. of Jefferson Lodge No. 1, A.

0. 0. F. G. Bushwick Couacil No.

1,339, Royal Arcanum; the Germania Society and the Germania Maennerchor. He was born in Bellersheik, Germany, December 24, 1855, and had lived in Brooklyn for thirty-five years. The interment was in Lutheran Cemetery. Edwin N. Warfield.

Edwin N. Warfield died Sunday, at his residence, 754 McDonough street, of gangrene, after an illness of six months. He was born in Hartford, January 11, sixty-eight years ago, and had resided in the Twenty-fifth Ward for thirty years. He had been with Knox, the hatter, for twenty-five years. Deceased is survived by his widow, four sons and two daughters.

The Rev. Richard Meredith will conduct the funeral services, to be held to-night, at 8 o'clock. The interment will be in Evergreens Cemetery. Elizabeth Clark Taylor. Mrs.

Elizabeth Clark Taylor, wife of Francis Taylor, daughter of Thomas and Mary Charters, for many years a resident of the Eastern District, died at her home, 94 Keap street, April 5. Mrs. Taylor was born three-quarters of a century ago in Franklin street, New York, and was married to Francis Taylor -three years ago in the Spring Street Presbyterian Church, New York. She was the mother of twelve children. Her husband, four sons, three daughters, ten grandchildren and three great grandchildren survive her.

Her ancestry on her father's side was Scotch, of the old Covenanter stock, and the family retains several pieces of furniture which were brought from Scotland to this country in 1786. Her ancestors on her mother's side were the Smiths of Hempstead, L. I. She was directress of the Ladies' Home Missionary Society of Christ Church, Bedford avenue, of which the Rev. Dr.

Darlington is rector, and, although she was an invalid, confined to her home many years, she was cheerful, sympathetic and always enjoyed meeting her many friends. She was a woman of superior mental attainments, a constant reader and had a remarkably retentive memory, which she retained to the end. She spent many happy summers with her children during her early married life in Westport, where she is laid to rest in Willow Brook Cemetery. Dr. Frederick Nehrbas.

Frederick Nehrbas, M. died yesterday at his residence, 190 Clarkson street, after 8. lingering illness. Dr. Nehrbas was formerly connected with the medical staff of the state hospitals at Kings Park Flatbush.

He was a native of Brooklyn and had been a resident of Flatbush five years. Dr. Nehrbas was a member of the Royal Arcanum and a member of medical societies. He leaves a widow, one son and two daughters. THE COURTS.

MOTION TERM. Supreme Court, special term for motions, Josiah Marean, -Ex parte business at 10 o'clock. Motion calendar called at 10:30. SUPREME COURT, SPECIAL TERM TRIALS. calendar, April 15, Wilmot M.

Smith, Justice-Nos. 2,143, Hamblen vs. German: 1,126, Fitzpatrick vs. Fox; 2,176, Shulman vs. Norden; 2,195, Lyon vs.

James; 2.219, Smith V8. Smith: 1,971, Prestera v9. Hazzell: 2.218, Nassau Trust Co. V8. Weber: Caputa vs.

Caputa: 1.244, Reeve vs. Hall: 2,078, Hutchinson vs. Young: 2.142, Coote v9. Will1amsburgh Savings Bank: 2,215, Eppig vs. Stradel: 642, York vs.

Searles: 1,134, Warren vs. Supreme Council, American Legion of Honor; 2,159, Viggiano ve. Viggiano: 2,235, Kennedy vs. Thompson: 2.129, Goldstein vs. Bloom: 2.174, Rogers vs.

Rogers: 2,226, Jarashow vs. Will: 2.121. Sancton vs. Sancton; 2.151, De Vere V9. De Vere: 2,231, Kurth vs.

Kurth; 2,232, Cohen Vs. Wattel; 1,646, Von Neindorff vs. Von Neindorff. COUNTY COURT. Civil calendar.

April 15. Part II. Crane, Nos. 562. 563.

Grills v9. Brooklyn Heights Railroad Company; 550, Hochman V8. Brooklyn Heights Railroad Company: 565, Dawe vs. Townsend: 567. Criscuola vs.

Brooklyn Heights Railroad Com- pany: 574, Bernstein vs. Kaplan; 402, Davids Brooklyn Heights Railroad Company; 495, vs. Brooklyn Heights Railroad Company; 584, Congress Brewing Company vs. Marcelli. Criminal calendar, April 15.

Part Aspinall, J. -John Aritz, grand larceny, second degree: John Unqurait, grand larceny, second degree; Joseph Shea, burglary, third degree; grand larceny, second degree; George Hensel, assault, second degree. SURROGATE'S COURT. Calendar for Wednesday. Held in Room No.

37, second floor. Court House. Before Surrogate James C. Church- The will of Caroline Stohlein. The accounting in the estate of Mary E.

Cortelyou, two proceedings; Virginia C. Sampson, Patrick Booden, Margaret Kissam, Henry Deetjen, Mary A. Lundberg, John Bradv, Lillian E. Daybill, Theodore Grunwald and Jennie Hyde. The real estate of Marie C.

English. The guardianship of Louis Goetting, jr. The estate of Oscar Goereke, John A. Kauffunger, John F. Reigs and Charles Deckelman.

Contested calendar at 132, the accounting Elizabeth F. Tighe; 160, the accounting Henry J. Brandt. COURT OF SPECIAL SESSIONS, SECOND DIVISION. Wednesday, April 15, 171 Atlantic avenue, presiding: Courtney, Forker, associates; William Van Wyck, assistant district attorney--People vs.

Nathan Blank, cruelty to animals; People vs. Michael J. Donnelly, section 290, subdivision 3. Penal Code; People vs. John W.

Flynn, liquor tax law: People vs. William Broderick, malicious mischief; People v9. Richard Vanderheyden, malicious mischief: People V9. Stephen Hussey, malicious mischief: People VS. Elias Helleistein, assault, third degree: People v8.

Herman Helleinstein, grand larceny; People vs. Rocco Salvelo, petit larceny; vs. Henry Skut, petit larceny; People vs. Harold Decker, petit larceny: People v9. Robert Lounsberry, petit larceny: People vs.

Frank Lounsberry, petit larceny; People vs. Thomas A. Shea, petit larceny; People vs. John Douglas, indecent exposure: People vs. Harry Gilbert, malicious mischief; People vs.

Charles Alferi, assault, degree; People vs. Robert Deleoski assault, second degree: People va. John Tiedman, section 655, Penal Code; People vs. Joseph Distler, malicious mischief; People V9. Charles Brown, assault, third degree; People vs.

Christopher Steiner, petit larceny: People V8. Gustave Jansen, petit larceny; People VS. Frederick Joseph Jander. Wolfe, section section 675. 675 Penal Penal Code: Code: People People vs.

vs. Marvin Ellis, section 343, charter New York: People vs. Israel Goldstein, petit larceny; People vs. William Robel, assault, third degree; People vs. Charles Gallagher, assault, third legree: People vs.

Frederick Arnold, assault, third degree; People ve. Cornelius Brassil, assault, third degree; People V8. Michael Kelly, assault; People vs. John O' Brien, section 80. Sanitary Code; People Va.

Olef Mansson, section 113, Sanitary Code; People vs. William F. Grady, section 43, Sanitary Code; People vs. Samuel Berkowlch, cruelty to animals; People vs. Theodore Moore, cruelty to animals; People v9.

John Faulkber, section 655, Penal Code; People vs. Simeon Finkelstein, section 655, Penal Code; People vs. John Annunzioto, cruelty to animais; People vs. Ferdinando Gardomane, practicing medicine without registration; People V8. Chris Monk, assault, third degree; People V8.

Samuel Young, assault, third degree; People vs. Thomas Crane, malicious mischief: People V8. Rose Nawak, assault, third degree; People vs. Elizabeth Peck, keeping disorderly house; People vs. Elizabeth Peck, liquor tax law.

SUPREME COURT. TRIAL TERM. Day calendar, April 15. Part Gaynor, Part IT, Dunwell, J. -Nos.

6.693, Fein va. Shapiro; 6.156. Sass vs. Metropolitan Street Railroad; 6,130, Dennett vs. Press Publishing Company; 4,975, 4,976, Fitzpatrick vs.

Bernstein: 6,031, Wallace vs. Kene; 5,511. Hutchins VA. Pennsylvania Railroad; 4,151, McCoy vs. Metropolitan Street Rallroad; 6,492, Halloran vs.

D' Amato: 6,629, Nelson vs. Union Railway; 678, Reis vs. Brooklyn Heights Railroad; 3,036, Molinelli VS. Kennedy; 3,016, Fagan VS. Metropolitan Street Railroad: 5.592, Enigan Metropolitan Street Railroad; 6,718, Calame vs.

Metropolitan Street Railroad: 6,791, Lyons VS. Consumers' Brewery; 6,796, McCabe vs. Stanley; 6,797, Knell vs. Brooklyn Heights Railroad; 6,798, Sumiar vs. Brooklyn Heights Rallroad; 6,799.

Boe vs. Metropolitan Street Railroad: 6,807, 6,808, Grabowsky vs. Brooklyn Heights Railroad; 6,815, Wessel vs. Brooklyn Heights Railroad. The following causes, if marked ready, will be passed for the day-Nos.

6,818, Sadlier vs. Cronin; 6,819. Ziegler vs. Metropolitan Street Railroad: 6,820, 6,821, Wells vs. Metropolitan Street Costigan vs.

Brooklyn Heights Railroad; 6,822, McDermott vs. Brooklyn Heights Railroad: 6,826, Wilson vs. Ross Iron Works: 6,832, Lapp vs. Brooklyn Heights Railroad; 6,833, 6,834, Sporer vs. Brooklyn Heights Railroad: 6,836, Newitt vs.

Metropolitan Street Railroad; 6,842, Burns V9, Metropolitan Street Railroad: 6,848, Halberstadt vs. Brooklyn Heights Railroad; 6,859, Smith VS. Donnelly; 6,862, Cropsey VS. Williams; Villino vs. Trounstine: 6,881, Brown vs.

Brooklyn Heights Railroad; 6,887, Krause vs. Weingarten; 6,558, Pardington vs. Abraham: 5,855, Dix VS. Palmer: 3,123, Shellibov VS. Coney Island and Brooklyn Railroad: 6,214, Boston vs.

Abraham: 6,893, Dowling vs. Deutscher Verein; 6.894, Weber vs. Brooklyn Heights Railroad; 6,895, Enright vs. Kuper: 6,898, McGeary vs. Brooklyn Railroad: 6,901, Small vs.

Horgan Slattery; 6,903, Kissane vs. Metropolitan Street Railroad: 5,872, Coggeshall vs. McGrath; 6,908, Meyer v9. Munsell; 6,914, Abruzzio VS Brooklyn Heights Railroad; 6,917, 6,918, Blank vs. Rothenberg: 6,919, O' Donovall vs.

Ross Iron Works: 6.920, Dady vs. Brooklyn Heights Railroad: 6,922, Regan vs. Metropolitan Street Rallroad; 6,928, Johnson vs. GilAllan: 6,930. Rooney vs.

Thomson: 6,933, Manton v9, Robinson Stone Ware Company: 6,934, Neuman vs. Union Railway: 10,825, Fay vs. Brooklyn Heights Railroad: 8,236, Larsen vs. United States Mortgage Company: 5,666, Hofferbert VS. Adler: 6.936.

Connors vs. King Line Company: 6,937, Monahan vS. King Line Company: 6,938, Hart VS. Brooklyn Heights Railroad: 6,941, Salerno vs. O' Brien: 6,944, O'Neill VS.

Metropolitan Street Railroad: 6,947, MeShane Manufacturing Company Diffenbach vs. Brooklyn Union Elevated Railroad; 6,948, vs. Brooklyn, Queens County and Suburban Railroad: 6,949, 'Bryan vs. Brooklyn Heights Heights Railroad: Railroad; 6,951, 6,950, Scanlon vs. Brooklyn Curran vs.

City of New York: 6,952. Wiley vs. Brooklyn Heights Railroad: 6,954, Davern vs. Immens; 6,955, Brenner vs. Brooklyn, Howard Queens County and Suburban Railroad: 6,957, vs.

Ward 6,958, Barasch vs. Brooklyn Heights Railroad: 6,959, 6,960, Pierce V9. road. 6.961. Russell vs.

Brooklyn Heights RailRixer; 6,962. Highest number reached on regular call, WEATHER FORECAST. Indications Until 8 P. M. To-morrow.

Washington, April 14-For Eastern New York: Rain to-night and probably Wednesday; high east to north winds. Daily record of the thermometer as kept at the Brooklyn Daily Eagle Office: 2 A. M. 45 10 A. 6 A.

44 28 4 A. 44 12 47 8 A. 45 3 P. 47 47 Average temperature to-day 45 Average temperature same date last Local Probabilities. Rain to-night; high easterly winds; Wednesday, rain, followed by cloudy.

At noon the Eagle's mercurial barometer 29.90, having fallen .40 of an inch since registered noon yesterday. Official Temperature. for the at the New York Weather Bureau Recorded 24 hours ending at 2 P. M. to-day: 3 P.

April 13. April 14. P. M. 55 1 A.

54 A. 52 43 5 P. 50 A. 6 P. 49 42 7 P.

48 A. M. 43 P. 48 A. 43 9 P.

43 10 P. 8 A. 11 A. 43 12 (Midnight). 44 10 A.

11 A. M. 12 (Noon) 1 P. M. 2 P.

45 Average temperature to-day Precipitation for 24 hours ending at 8 A. M. to-day Precipitation from 8 A. M. to 2 P.

to-day ,13 .35 Humidity for 24 hours ending 8 A. M. to-day HIGH WATER. -A. Dura'n of Height Time Height Rise Fall H.

M. Feet H. M. Feet H. New York.

4.1 4.6 5:64 6:25 Sandy Hook 9:50 4.4 4.8 6:08 5:35 ASTRONOMICAL EVENTS. To-night and To-morrow Morning. Sun sets 6:38, rises 5:21. Moon rises Moon's 9:28 P. M.

age, 17 days. SHIP NEWS. Arrived at New York To-day. Algeria, from Genoa and Naples. British King, from Antwerp.

Erica. from Kingston. George W. Clyde, from Georgetown. Kronprinz Wilhelm, from Bremen, Lahn, from Genoa.

Taff, from Cardenas. Sailed From New York To-day. Anchoria, for Glasgow. Arrived at Foreign Ports To-day. Town-Tudor Prince, from New York.

Rio London- Janeiro-Grecian Prince, New from York. New York. Sailed From Foreign Ports To-day. Pernambuco--British Prince, for New York. Shields -Willkommen, for New York.

Ocean Steamships Sailing To-morrow. American Line-Steamship from Sever York, for Southampton and London, 15, North River, at 10 A. M. Holland-American from Line--Steamship Potsdam, for Rotterdam, Hoboken pier at 10 A. M.

White Star Line-Steamship Teutonic, for town and Liverpool, from Pier 48, North River, Queensat noon. Wilson Line-Steamship Toronto, for Hull. Coastwise and Southbound Steamships Sailing To-morrow. Mallory from Pier Line--Steamship Denver, for Galveston, 20, East River, at 3 P. M.

Morgan from Line-Steamship El Dia, for New Orleans, Pier 25, North at 3 P. M. Old Dominion -Steamship for Norfolk, from Pier 26, North River, at 3 P. M. THEATERS TO-NIGHT.

Brooklyn. Down East. Bijou--A Bunch of Keys. Columbia -Nathan Hale. Folly-McFadden's Row of Flats.

Gayety- Burlesquers. Gotham -Blue Jeans. Grand Opera House--Foxy Grandpa. Hyde Montauk- The Behman's-Vaudeville. Eternal City (Viola Allen).

Novelty-Her Marriage Vow. Orpheum-Vaudeville. Park-A Little Outcast. Payton's (Fulton Street)-Romeo and Juliet. Payton's (Lee Avenue) Myles Aroon.

Star-High Rollers Burlesque. -Albini's Burlesquers. Manhattan. of Music--The Suburban. American--The Christian.

Belasco Theater--The Darling of the Gods(Blanche Bates). Bijou--Nancy Brown. Broadway--Prince of Pilsen. Casino- -Chinese Honeymoon. Circle Theater -Vaudeville.

Criterion--Message from Mars. Daly's--The Starbucks. Eden Musee-Waxworks, Cinematograph and Concert. Empire--The Unforeseen. Fourteenth Street--Alphonse and Gaston.

Garden Theater-Everyman. Garrick-Mice and Men. Grand Henrietta. Harlem Opera House--Primrose and Dockstader Minstrels. Herald Square-Pretty Peggy.

Hurtig Seamon's- -Vaudeville. Place Theater -Die Puppe. Irving Place Theater- -Das Suesse Maedel. Keith's -Vaudeville. Knickerbocker-Mr.

Bluebeard. Madison Square Garden-Barnum and Bailey Circus. Majestic-The Wizard of Oz. Manhattan-The Earl Pawtucket. Metropolis--Happy Hooligan.

Metropolitan Opera House-Haydn's Oratorio, The Seasons. Murray Hill-A Wife's Peril. New Savoy--The Taming of Helen. New Star--Dr. Jekyll and Mr.

Hyde. Paradise Roof-Vaudeville. Pastor's- Vaudeville. Princess--The Frisky Mrs. Johnson (Amelia Bingham).

Proctor's (Twenty-third Street)-Vaudeville. Proctor's (Fifth Avenue) The Face in the Moonlight. Proctor's Proctor's (One (Fifty-eighth Street)-In Old Kentucky, Hundred and Twenty-fifth Street)The Cherry, Pickers. The Dewey-Burlesque. Third Avenue--One of the Bravest.

Victoria -Blanche Walsh, in Resurrection. Wallack's-Sulten of Sulu. West End Theater -Weber and Fields, in Twirly Whirly. GRADE CROSSINGS BILL IS PASSED BY ASSEMBLY. Abolition of All Dangerous ings in Brooklyn vided For.

CITY AND RAILROADS FAVOR IT. Great Benefit to Outlying Sections Expected -Work to Be Done Through a Commission, (Special to the Eagle.) Albany, April 14-A measure of great importance to Brooklyn was passed 1 by the Assembly this morning on a report by the rules committee. It provides for abolishing practically all the grade crossings of steam and third rail roads in Brooklyn. The bill was introduced on April 6 by Assemblyman Morgan, and it has been pushed to a vote. Mr.

Morgan expects to pass it in the Senate without delay. It is fully approved by the local authorities and was drawn by Assistant Corporation Counsel James McKeen. The method of procuring the abolition of these dangerous crossings is through a commission rather than by the usual slow method of assessment and settlement between the roads, the city and the state. It abolishes all crossings on the Long Island Railroad from East New York to Bay Ridge; all on the Manhattan Beach route and all on the Brighton Beach road, which is controlled by the Brooklyn Rapid Transit. For obvious reasons, not very much has been said about the bill.

It is, however, result of numerous conferences between the city officials and the officers of the Pennsylvania Railroad as lessee of the Long Island, and the Brooklyn Rapid Transit as owner of the Brighton Beach route. It is believed that it will work great benefit to the outlying sections of Brooklyn. When the matter was first taken up by the city officials, it was believed, Mr. Morgan says, that work could be done through the Railroad Commission stathe under the general law. It was ascertained, however, that under that law the commission can take up but one crossing at time.

That might consume years of time. The bill provides for the appointment of a commission of five persons, who shall be known as the Brooklyn Grade Crossing Commission and are to be appointed by the Mayor of New York. Of the five members, one shall be a practical civil engineer; one shall be appointed by the Mayor on recommendation of the president of the Long Island Road and one on the nomination of the president of the Brooklyn Heights Railroad Company. The commission is directed to take charge of the work and superintend the construc-1 tion. The commissioners are to receive $10 a day for their services and are authorized to appoint a general superintendent.

The board shall prepare plans and specifications and estimates of the cost of the improvements, which is to be borne equally by the city and the railroad companies. The expenditure on the part of the city for the Bay Ridge and East New York improvement is limited to $2,500,000 and for the Brighton Beach Road to $750,000. The method of making the improvement is prescribed in the bill as follows: In the case of the Bay Ridge and East New York improvement the tracks shall be depressed to a point at or near the easterly side of Ocean avenue, in an open cut; from the easterly side, of Ocean avenue, running easterly the grade of the road shall rise a foot. About midway between Ocean avenue and Flatbush avenue, from that point the existing tracks shall be removed from the surface and shall be raised 'on an embankment or viaducts to a point on the westerly side of Flatbush avenue. The tracks shall cross that thoroughfare at a height of not less than fourteen feet.

From Flatbush avenue to a point 1,800 feet north of the New Lots road the grade shall be elevated on embankments or viaducts to a height of fourteen feet. so as to provide for a crossing at Rockaway avenue, at that height. From the north side of New Lots road the line shall be operated in an cut to a point near the south side of East open New York avenue. Where the line crosses Atlantic avenue, arrangementa shall be made for the free interchange of cars and traffic with the Atlantic avenue road. which is elevated at that point.

From the south side of East New York avenue and the dividing line between the Boroughs of Brooklyn and Queens the grade of the road and of the existing street shall be changed so as to avoid grade crossings, and all streets, with the exception of Central avenue, shall be carried over the road. Provision is made for running Central avenue under the railroad tracks. The grade of the Brighton Beach Railroad shall be changed from its northerly terminus at Fulton street and Franklin avenue 80 that at Prospect place it shall have a clear passageway of twelve feet. From a point 300 feet south of Church avenue to a point south of Neptune avenue, the grade of the road shall be altered so as to abolish all grade crossings, either by carrying the streets over or under the railroad tracks, as commission shall determine. A change is made in the route just before it reaches Sheepshead Bay.

Mr. McKeen writes to Mr. Morgan that the Brighton Beach Road and the Long Island are parallel just north of Sheepshead Bay for some distance and the change is designed to bring them together. This great improvement is along the line of better transit conditions and facilities, which the present administration has done so much to better. The plan was agreed to by Mr.

Swanstrom and all other borough officials. Mr. Morgan gave out the following letter: "The Pennsylvania Railroad Company now ferries its freight cars from its new freight station, in Jersey City, to Bay Ridge instead of to Hunter's Point, as formerly, thus making the road from Bay Ridge to Jamaica the main thoroughfare for Long Island freight business. The consequence is that many of the trolley cars running from Brooklyn to Coney Island are held up at the numerous grade crossings, greatly to the inconvenience, and danger of passengers. There is also great interruption and danger to ordinary travelers on the various streets and highways between here and Coney Island.

"The same condition of things applies to a less extent to the highways crossing the Brighton Beach Railroad. In my view. this situation is not merely a local one. As you know, hundreds of thousands of people from all over the state-and all over the world, for that matter -use these various Coney Island roads in the summer season. In view of all these facts, the conclusion was reached that it would be fair to cause this work to be done, the expense being divided between the railroads and the (Signed) "JAMES McKEEN." TO PROBE TAXATION QUESTION.

Bill Providing for a Commission to Investigate the Subject and Make Recommendations. (Special to the Eagle.) Albany, April 14-Assemblyman Wainwright, in anticipation of the possible failure of mortgage tax legislation, has introduced a bill providing for a commission of five persons to investigate the whole subject of taxation and report to the next Legislature. Mr. Wainwright is in favor of a small rate mortgage tax. His bill provides that of the five persons, the Controller or one HELPS MEALTH FORCE of his deputies shall be one, another shall be a member of the State Board of Tax Commissioners and a third a resident of New York City.

They shall serve without compensation, but are allowed $5,000 for expenses. Such commission, the bill provides, shall make a thorough examination of the law. of the State of New York and of other jurisdictions relating to the subject of taxaof tion the and shall in make which a special investigation manner mortgages personal property are taxed or exempted or escape taxation and recommended desirable legislation on the subject in this state. Mr. Wainwright said to-day that he had introduced the bill without consultation with Governor Odell, but that he is in thorough accord with the Governor on the matter.

DRUGGISTS' EXCISE TAX. Bill Increases It From $5 to $7.50. Albany, April 14-An important excise bill is on its way to final passage in the Assembly. In its original form, it increased the tax on the druggists for the privilege of selling liquor on prescription from $5 to $50. This provision has been stricken from the bill so that, the general amendment to the excise signed by Governor Odell two weeks ago, and increasing all excise fees, will apply to druggists and will raise their tax from $5 to $7.50.

This will be in lieu of the proposed $100 tax. The bill authorizes the state commissioner of excise to appoint, in counties where there are no deputy treasurers, a special excise agent to issue liquor tax certificates and collect the liquor tax when the county treasurer is incapacitated. BILLS PASSED BY ASSEMBLY. (Special to the Eagle.) Albany, April 14-Among the bills of interest to Brooklyn passed by the Assembly to-day were the following: Mr. Byrne--Paying chaplains of the New York Fire Department $1,000 per annum.

Mr. Wood--Authorizing the Mayor of New York to appoint forty marshals during the year 1903. Mr. McManus- -Providing that in making promotions of officers and members of the New York police and fire departments individual acts of personal bravery shall be treated as an element of meritorious service in the rating of the municipal civil service commission. Mr.

Dowling -Permitting hotel and boarding house keepers to pay instalments on certain chattels left with them by guests and on final payment to hold such chattels a9 a lien for unpaid board. GAMBLING BILL REPORTED. But the Effect of an Amendment Is to Kill the Measure for This Session. (Special to the Eagle.) Albany, April 14-Of the seven bills sent here by District Attorney Jerome relating to Richard Canfield and the profession of gambring, Assemblyman Clark got one out of the Rules Committee to-day. It provides that when a person shall have been admitted to bail in a criminal proceeding and shall fail to appear at a hearing he shall be considered an escaped prisoner.

When the bill came up all the Tammany men jumped on it. Assemblyman Ullo man offered an amendment, which Clark was compelled to accept. It exempts sick persons. The effect of the amendment is to kill the for this session. Mr.

Jerome has done nothing to advance any his bills. This one is to enable him to get Canfield extradited. WILLING TO AMEND "GRAB" BILL. (Special to the Eagle.) Albany, April 14-The railroad committee of the Senate will meet to-morrow afternoon to consider the Goodsell railroad "grab" bill. Senator Goodsell now declares he is willing to amend it so as to except New York City, but Assistant Corporation Counsel Whitman says there is yet danger of its passage.

The plan seems to be to get it out now with an exemption for Manhattan, while the real mischief will be done in the Bronx and perhaps in Brooklyn. Mr. Whitman will fight this and all the other measures intended to revive lapsed rights to the bitter end. TRANSFER TAX APPRAISERS. (Special to the Eagle.) Albany, April 14-Assemblyman Morgan to-day introduced a bill which provides for four, instead of two, transfer tax appraisers as at present for Kings County, at a salary of $3,000 each; two stenographers at $2,000 each, to be appointed by the State Controller; one transfer tax clerk at a salary of an assistant at $2,000, and two clerks at $1,800 each, to be appointed by the Surrogate.

TO CLOSE GROCERIES SUNDAYS. Albany, April 14-Assemblyman Finch's bill, providing that grocery stores shall be generally closed on Sunday, but permitting delicatessen stores to remain open from 5 to 8 o'clock Sunday night, was passed in the Assembly to-day. CHILD LABOR LAW BILL PASSED. Albany, April 14-The Hill bill, amending the labor law by providing that women and children should not be employed more than nine hours a day or fifty-four hours in one week in mercantile or other establishments, was passed in the Senate to-day. DETECTIVE BEAT CAPTAIN.

His Testimony in Court Did Not Bear Out His Complaint. Captain Reynolds of the Fifth avenue station had a private detective in the Butler street police court this morning as a witness against William McLoud, whom he charged with accepting a bet on a race. The captain engaged James M. Enright, 34 years old, of 167 Nelson street, a private detective, to enter McLoud's place on Seventh avenue. Enright did SO and in his complaint stated that McLoud had accepted $2 from him, accompanied by a slip of paper on which was written the name of his selection, with instructions that if the horse Mermaid should be scratched he wished to play a horse named Knight of Garter.

He further stated that when he asked McLoud for a voucher, the latter replied, "'That 18 unnecessary." Enright on the witness stand gave Captain Reynolds a hard "throw down." He said after he had handed the $2 to the defendant he did not know what was done with it and when Captain Reynoids testified and produced two one dollar bills, which he bad marked, and also the slip which bore the name of the horse and the number of the race, Enright declared that he could not identify either of the bills. The court refused to admit either the cash or the slip as evidence, and dismissed the case. LITTLE CHILD DRANK ACID. During the absence of his mother this morning Anthony Logue, a 3 year old boy, drank a quantity of creosote at his home, 757 Madison street. The child was moved in an ambulance to the Bushwick Central Hospital.

BROOKLYN AND QUEENS FIRES. Fires reported and alarms for fire received at Fire Headquarters, Brooklyn, during the twenty -four hours ending at 8 A. April 14, 1903: April 13, 3:23 P. M. -43 Belmont avenue, two story frame: damage to building slight, damage to stock not estimated.

April 13, 3:59 P. M. -316 Ninth avenue, three story frame; damage to building slight, damage to stock none. April 13, 7:01 P. M.

Gravegend avenue and Avenue W. two story frame; damage to building slight, damage to stock none. April 13, 11:20 P. M. of Conover street, coal elevator; no loss.

April 14. 12:09 A. M. --80 Debevoise street, three story frame; damage to building and stock none. April 14, 3:33 A.

Watkins street, two story frame: damage to building slight, damage to stock trifling. April 14: 3:43 A. avenue and Fifteenth street, flat car No. 32, Brooklyn Heights Railroad; no loss. MAREAN GURBS GULLINAN WITH A COURT DECISION.

Excise Department "Bound to Use Common Honesty," Justice Declares. ANTI-LICENSE EVIDENCE HELD. Innocent Purchaser Confronted With It Only When He Sought for the Legal Rebate. Justice Marean at special term yesterday afternoon gave a decision in a case brought by the State Excise Commissioner for the revocation of a liquor license in Brooklyn that completely reverses ail former decisions on the points involved, and scores a big vietory for the liquor men. The triumph may not be lasting, however, for Herbert H.

Kellogg, counsel for the Excise Department, has let it be known that he will carry the case to the appellate division. Justice Marean's decision, if upheld, will, it is claimed, stop the custom of State Excise Commissioner Patrick W. Cullinan of sending deputies here to obtain evidence against saloons that violate the law, and then the custom of the Commissioner to send men from Albany to Greater New York to do "desuitable to him to act arrives. a It has been pigeonholing such evidence until the time tecting" on their own account, going over the heads of the men assigned to such work in the excise offices in the several When evidence has been obtained it boroughs. quently been held back until the Commissioner saw fit to use it.

A lot of the Coney Island saloonkeepers were visited by the up state excise deputies last summer and evidence of their violation of the law secured. The fact that this was done, it seems, was not communicated to Deputy Excise Commissioner Michell, in charge of the excise office in Brooklyn. It was not until after the close of the season at Coney Island, when the liquor men who had violated the law put in application for a rebate on their licenses that they were made aware of the fact that their licenses were to be revoked on evidence obtained by the up state deputies. There have been cases of this kind where licenses have been transferred in the interim, from the time when the evidence of the violation of the law was secured to the date on which the rebate was asked. The assignee of the license in such case, although probably innocent himself of any violation of the law, and ignorant of any charge against the place which he takes over, has been no less the loser by all former decisions of the courts.

Now the ruling by which the assignee has been made to suffer in these cases is reversed by Justice Marean. The case in which Justice Marean made this new ruling was the petition of Patrick W. Cullinan, as State Commissioner of Excise, for an order revoking and cancelling liquor tax certificate No. 1,863, issued to Edward Davidoff and transferred to Henry Luca, The salcon for which this license i9 held is at 2.958 Fulton street. The certificate was taken out May 1 last at the excise office in Brooklyn.

It seems that while the four or five agents, or detectives, of the excise office in Albany were securing evidence against saloons at Coney Island and other suburban places around Brooklyn they visited Davidoff's saloon Sunday, August 3, and, according to affidavits made by them, bought liquor there. The liquor license was transferred by Davidoff to Luca a month or so later, before either of them, it is claimed, was apprised of the fact that an order for the revocation of the certificate was to be asked. In November last Luca, intending to close up the saloon, applied for a rebate on the liquor certificate, to which, under the law, he was entitled, provided the license was not revoked. When his application for a rebate was made, the order for revocation was asked and the case was referred to George Billings, a local lawyer, to take the testimony. Luca employed Lawyer William W.

Butcher to fight the petition of the excise commissioner. After taking much testimony the case was argued and submitted to Justice Marean, who handed down this opinion: August 3, 1902, three special agents of the Excise Department visited the saloon in question for the purpose of securing evidence of violation of the excise law sufficient to require a revocation of the license. I am satisfied that the purpose was to use it to procure such revocation in case the license should at any time be turned in for cancellation, in order to save the necessity of paying the rebate. September 4, application was made for approval, by the proper officer of the department, of a proposed assignment of the license to the defendant Luca. "The approval was made without any notice being given to Luca of the violation of the law which rendered it revocable, and Luca purchased and took the dicense for value without notice.

"This, in my judgment, presents a case of equitable estoppel on the familiar principle that one who stands by and sees another purchase property without giving notice of his own claim, is estopped from afterward asserting it. The Excise Departmeet is bound to common honesty as well as the citizen. It is not that the transfer war assented to by the department, but that knowing a purchase by Luca was about to be made, it did not give give notice of the violation of which it had the proof. Proceedings dismissed with costs." Mr. Butcher, who represented the assignee of the license, said this morning: "The decision is a most important one, and it will, if upheld, stop what I consider, and what, the court evidently considers, a ble practice on the part of the Excise Department at Albany.

Heretofore it has been held that an innocent person taking a license took it with all its vices, and with the charges against it, but when the state stands by and sees the transfer of the license without giving any notice, this should not be the holding of the courts. It is not enough to argue that the granting and transfer of a license is a mandatory duty and not a judicial act. That 1 is true, but the excise people can say, 'We must transfer this license but we warn you that there are charges against it." BEECHER MEMORIAL FUND. Every day the subscriptions to the Beecher Memorial Fund continue to come in gratifying numbers. The Sunday school of the Beecher Memorial Church, of which the Rev.

C. J. Allen is pastor, has Just raised $100. Other recent subscriptions come from Chicago and Pittsburg. Charles J.

Schlegel, a member of the executive committee and custodian of the fund, reports the following subscriptions to date: Previously acknowledged, $47,504.75: Beecher Memorial Church Sunday School, Herkimer street and Rockaway avenue, $100; S. F. Elliott, Chicago, C. C. Mellor, Pittsburg, $5.

Total subscriptions to April 13, $47,610.75. BENNINGS ENTRIES. (Special to Race Track, Bennings, tries for the races follows: First -Five furlongs, Name, Wht.l Little Jack Horner 13 Right and 90 Armeath 115 Bruff Tom Cogan 102 Col. Sam 100 Louise Elston Musidora Second race: Name. Wht.

Valour 101 Peter Paul 113 King's Oaks 104 Bath Beach 104 Third race- -Three year longs. Name. Sedition 105 Know. 105 Fried 118 Arak 112 The Talisman. 110 Imperious Fourth race -Charter Name, Himself 108 Slave 103 Captivator 98 Old 1231 Numeral 94 Illyria Yellow Tall Ahola 86 Ahumada Saturday Fifth -Four and Name, Wht.

Australian 98 MeGenigle Miss McKenna Sixth race- ard a Name. Wht. Mount Kisco Durazzo 105 Orloff 109 Northbrook Futurita 108 W. Glennevis the Eagle.) April 14--The enhere -morrow are as Name. Wht.

107 Candling Benmora Carsville Mutiny Arden Isla Leichen 113 Name. Wht. Atwood 11H Knobhampton Seymour 104 Wizard olds and up; seven fur- Name, Wht Aladdo 116 Rosland 104 Carroll 119 Past J. H. Griffith 110 Handicap; seven furlongs.

Name. Wht. Ethics 108 Setauket 102 Bon Mot 103 Remorse 99 Syrlin 114 Demurrer 109 Lord 100 Dr. Saylor 93 Royal 115 one-half furlongs. Name.

Wht. Bombino 98 St. Roche 96 Agnes Brennan 101 half furlongs. Name, Wht. Minotaur 112 Navasota 107 Flying Gypsy 97 Mackey Dwyer 119 Lord Tureo 100 Twin Rose 97 Rosetint 107 APPELLATE COURT DECISIONS.

The following were handed down Monday, April 13, 1903: Theodore Wenk, appellant, v9. the City of New York et detendants, and the Co-operative Society of New Jersey and Alonzo E. Smith, respondents. Interlocutory judgment, so far as it overrules the demurrer of the plaintiff to the first, second and fourth defenses set up in the answers of the Ce-operative Society of New Jersey and Alonzo E. Smith, reversed, with costs of this appeal, and demurrer sustained, with costa.

Opinion by Bartlett, J. Goodrich, P. Woodward, Hirschberg and Jenks, concur. In the matter of the petition of the Brooklyn Union Elevated Railroad Company, appellant, vs. relative to acquiring title to real estate, etc.

Parcel No. 85, etc. Theodore B. Case, respondent. Order reversed, and costa taxed in accordance with opinion per curiam.

Goodrich, P. Bartlett, Woodward and Hirschberg, concur. In the matter of proving the last will and testament of Anna M. Gordon, deceased. Decree of the Surrogate's Court of Richmond County modifled, with costs, in accordance with opinion of Woodward, J.

Goodrich, P. Bartlett, Hirschberg and Jenks, concur. The People of the State of New York ex rel. William Nelson. relator-appellant, VS.

Isaac M. Marsh et commissioners, et respondents Judgment and order affirmed, with costs. Opinion by Goodrich, P. J. Bartlett and Woodward, concur, Hirschberg, dissents.

Theodore F. Reed, appeliant, v9. Jedediah K. Hayward, respondent. Judgment reversed and new trial granted, costs to abide the event.

Opinion by Bartlett, J. Goodrich. P. Hirsenberg, Jenks and Hooker, concur. William Thornton, respondent, v9.

Charles W. Hogan and Jefterson Hogan, appellants, and the Commercial Lighterage Company, defendant. Judgment and order reversed as to the defendant, the Commercial Lighterage Company, 'and new trial granted, costs to abide the event. Opinion by Jenks, J. Goodrich, P.

Bartlett, Hirschberg and Hooker, JJ. concur. Samuel Koren, respondent, Vs. the National Conduit and Cable Company, appellant. Judgment and order unanimously affirmed, with costa.

Opinion by Hooker, J. Present, Goodrich, Bartlett, Hirschberg, Jenks and Hooker, J.J. William E. Kelle, appellant, V8. the People's Trust Company, a9 general guardian of Thomas J.

Kelly, an infant, impleaded, respondent. Judgment affirmed, with costs. Opinion by Hooker, J. Goodrich, P. Woodward and Hirschberg, concur.

John Moran, respondent, vs. Munson Steamship Line, appellant. Judgment and order reversed and new trial granted, costs to abide the event. OpinIon by Jenks, J. Bartlett, Woodward, Hirschberg and Hooker, concur.

Rudolph Theme, appellant, vs. William Henderson, respondent. Judgment of the Municipal Court affirmed, with costs. Opinion per curiam. Present, Bartlett, Woodward, Hirschberg.

Jenks and Hooker, JJ. George A. Blumenthal, respondent, v9. Emma Lewy and Max Lewy, appellants. Judgment of the Municipal Court against Emma Lewy reversed.

with costa; judgment of the Municipal Court against Max Lewy reversed and new trial ordered. costs to abide the event. Opinion by Hooker, J. Bartlett, Woodward, Hirschberg and Jenks. concur.

John C. Kinkel, respondent, vs. Rosa Kessler, appellant. Judgment of the Municipal attirmed, with costs. No Bartlett, "Woodward.

Hirschberg, Jenks and Hooker, concur. Willard A. Easelsteyn, plaintin, William J. O' Brien, ag sheriff of the County of New York. respondent, V8.

the Union Surety and Guaranty Company, appellant. Order affirmed, with $10 costs and disbursements, Opinion by Hirschberg, J. Woodward, Jenks and Hooker, concur; Goodrich, P. dissents. Mary O' Reilly, as administrator of the goods, chattels and credits which were of Peter F.

O' Reilly, deceased, respondent, vs. the Brooklyn Heights Railroad Company, appellant. Judgment and order reversed and new trial granted, costa to abide the event. Opinion by Jenks, J. Goodrich.

P. and Woodward. concur: Hirschberg and Hooker, concur solely upon the first ground stated in the opinion. Herbert F. Hoelter, respondent, vs.

John B. McDonald and Andrew Onderdonk, appellants. Judgment, and order unanimously affirmed. with costs. Opinion by Woodward, J.

Present, Goodrich, P. Woodward, Hirschberg, Jenks and Hooker, JJ. Martha C. Kuhne, respondent, v9. Henry M.

Gescheidt, executor, and Mary Gescheldt, appellants. Judgment affirmed, with costs. No opinion. Goodrich, P. Bartlett, Woodward, Jenks and Hooker, concur.

Cornelia J. Kellum and Alice Corr, respondents. VA. the Mission of the Immaculate Virgin for the Protection of Homeless and Destitute Children, appellant. Judgment reversed and new trial granted, costs to abide the event.

Opinion by Jenks, J. Goodrich, P. Bartlett, Woodward and Hooker, concur. Peter D. Dolfini, respondent, Vs.

Erie Railroad Company, appellant. Judgment affirmed. with costa. No opinion. Goodrich, P.

Bartlett, Jenks and Hooker, concur; Woodward. dissents. John E. Adams, respondent, V8. Metropolitan Street Railway Company, appellant.

Judgment and order unanimously affirmed, with costs. Opinion by Goodrich. P. J. Present, Goodrich, P.

Bartlett, Woodward, Jenks and JJ. Susie Link, respondent, V8. the City of New York, appellant. Judgment and order unanimously affirmed, with costa. Opinion by Jenks, J.

Present, Goodrich, P. Bartlett, Woodward, Jenks and Hooker, Prudence Dowling, appellant, vs. Nassau Electrie Railroad Company, respondent. Judgment unanimously affirmed. with coats.

No opinion. Present. Goodrich, Woodward, Jenks and Hooker, In the matter of the application Patrick W. Cullinan. ag state commissioner of excise, for an order revoking and canceling liquor tax certificate No.

3614. issued to Joe Kray. Order reversed, with $10 costs and disbursements. Opinion by Hirachberg. J.

Goodrich, P. Bartlett, Woodward and Hooker, concur. Order to, be settled before Mr. Justice Airschberg. In the matter of the application of Patrick W.

Cullinan, as state commissioner of excise, for an order revoking and canceling liquor tax certifleate No. 3613. issued to Henry Koster. Order reversed, with $10 costs and disbursements, on opinIon in matter of Cullinan, certificate of Kray (decided herewith). Goodrich, P.

Bartlett. Woodward, Hirschberg and Hooker, concur. Order to be settled before Mr. Justice Hirschberg. In the matter of the application of Patrick W.

Cullinan as state commissioner of excise, for an order revoking and canceling liquor tax certifleate No. 3609, issued to George Arkenan. Order reversed, with $10 costs and disbursements. on opinion in matter of Cullinan, certificate of Kray (decided herewith). Goodrich, P.

Bartlett, Woodward. Hirschberg and Hooker. concur. Order to be settled before Mr. Justice Hirschberg.

In the matter of the application of Patrick W. Cullinan, as state commissioner of excise. for an order revoking and canceling liquor tax certificate No. 3619, issued to William Johnson and transferred to Victor Stretcher. Order reversed.

with $10 costs and disbursements, on opinion in matter of Cullinan, certificate of Kray (decided herewith), Goodrich, P. Bartlett. Woodward, Hirschberg and Hooker. J.J., concur. Order to be settled before Mr.

Justice Hirschberk. BEECHER MEMORIAL FUND. (SUBSCRIPTION BLANK.) To Thoodore F. Miller, Treasurer, Brooklyn Trust Brooklyn, N. I hereby subscribe the Beecher Memorial Fund, payment to be made on or before 1903.

NOTE. Subscriptions, however small, will be cheerfully received and the name of the subscriber will be noted in acknowledgment in the Brooklyn Engle. If more convenient, subscriptions may be sent to the Eagle to be forwarded to Treasarer Miller, MISCELLANEOUS. (Continued from last night.) There is a class now in this country that discriminates between good and bad food and good and bad cooking, very sharply. That is the class we are trying to reach.

We do not want the people who merely We want the people who lunch and dine knowingly, and we are getting them. The CLARENDON restaurants not places, but one gets more there for his money than anywhere else. All "who and have dined there are our references (by permission). CLARENDON HOTEL, (No.11.) John Hill. In the matter the application of Patrick W.

Cullinan as state commissioner of excise, for an ordet revoking and canceling liquor tax certificate No. 3,565, issued William W. Jacoba, and transferred to Victor Stretcher. Order reversed, with $10 costs and disbursements, on opinion in matter Cullinan, certifleate of Kray (decided herewith). Goodrich, P.

Bartlett, Woodward, Hirachberg. 01.4 Hooker, J. concur. Order to be settled before Mr. Justice Hirschberg.

In the matter of the application of Patrick W. Cullinan, a9 state commissioner of excise, for an order revoking and canceling liquor tax certificate No. 3,562, Issued Edward Kojan and transferred to Victor Stretcher. Order reversed, with $10 costs and disbursements, opinion in matter of Cullinan, certificate Kray (decided herewith). Goodrich, P.

Bartlett, Woodward, Hirschberg and Hooker, J. coneur. Order to be settled before Mr. Justice Hirschbere. In the matter of the application of Patrick W.

Cullinan, 85 state commissioner of excise, for an order revoking and canceling liquor tax certificate No. 22.024. lesued to M. Strauss and transferred to Victor Stretcher, Order reversed, with $10 costs and disbursements, on opinion in matter Cullinan, certifleate of Kray (decided herewith). Goodrich, P.

Bartlett, Woodward, Hirschberg and Hooker, J. concur. Order to be settled before Mr. Justice Hirschberg. Sanford Dairy Company, respondent, vs.

Milton Sanford, appellant. Order reversed, with $10 costs and disbursements, and injunction dis. solved (without prejudice, however, to a renewal of the motion, as indicated in the opinion of Hooker, J. Goodrich, P. Bartlett, Woodward and Hirschberg, J.

concur. William G. Brien, respondent, VS. Franklin Stone, appellant. Order affirmed, with $10 costa and disbursements.

Opinion by Hirschberg, J. Goodrich. P. Woodward and Hooker, J. concur: Bartlett, concurs on ground last stated in opinion.

Harrlet R. Mead, plaintiff, respondent, V8. Washington Brockner, defendant-appellant, and, Jane 0. E. Brockner, ct defendants-respondJudgment in 50 far as appealed from affirmed, with costa.

Opinion by Hirschberg, J. Goodrich, P. Woodward and Hooker, J. concur. Mary Melnerney, appellant, VS.

Thomas F. Main, respondent, and William V. V. Powers, et defendants. Interlocutory judgment, suntaining demurrer reversed, with costs, and demurrer overruled, with costs, with leave to the defendant to answer within twenty days upon payment of costa.

Opinion by Hooker, J. Goodrich, P. concurs; Woodward, concurs in result, and Hirschberg, concurs in separate memorandum. Paul M. Pierson and Frank R.

Pierson, respendents, vs. James Speyer, appellant. Judgment affirmed. with costa. Opinion by Hooker, J.

Goodrich, P. Bartlett, Woodward and Hirschberg, J. concur. Ellsworth C. Smith, plaintiff-respondent, VS.

Amos S. Chesebrough and, others, defendantsrespondents, impleaded with William Cranstrom, 87 executor, of Nicholas H. Chesebrough, deceased, defendant-appellant. Interlocutory Judgment affirmed, with costs, Opinion by Goodrich, P. J.

Bartlett, Woodward, Hirschberg and Hooker, concur. John Piper, respondent, v9. Elizabeth B. T. Campbell, appellant.

Judgment and order of the City Court of Yonkers unanimously affirmed, with costs. No opinion. Goodrich, P. Bartlett, Woodward, Hirschberg and Hooker, J. concur.

Benjamin Ramell, respondent, V9. John Duffy, treasurer of Court Sympathy No. 83, Foresters of America, appellant. Judgment and order affirmed, with costa, Opinion by Jenks, J. Goodrich, P.

Bartlett, Woodward and Hirschberg, J. concur Elizabeth O' Reilly, respondent, va. the Brooklyn Heights Railroad Company, appellant. Judgment of the Municipal Court unanimously affit med. with costa.

No opinion. Present: Goodrich. P. Bartlett, Woodward, Hirschberg and Jet kg. J.

J. William Hughes, respondent, vs. Henry J. Jones and William Jones, composing the firm of Henry Jones Son, appellants. Judgment of the Municipal Court affirmed, with costs.

No opinion. Goodrich, P. Bartlett, Woodward, Hirschberg and Jenks, J. concur. Sam Sailer, appellant, v9, Norman S.

Dike, as sheriff of the County of Kings, respondent. Judgment of the Municipal Court affirmed, with costa. Opinion Jenka, J. Goodrich, P. Bartlett and Woodward, J.

concur. Hirschberg. concurs in result. Minnie Comerford, respondent, vs. Annie P.

Smith, appellant. Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event. Opinion by Hirschberg, J. Goodrich. P.

Bartlett, Woodward and Jenka, J. concur, Morris B. Liederman, respondent, vs. William Rovner, appellant. Judgment of the Municipal Court in 50 far as appealed from reversed, with costs.

Opinion by Hooker, J. Goodrich, P. Bartlett, Woodward and Hirschberg, concur. Percy B. O'Sullivan and Michael J.

Moran, 88 executors, of Martin Carroll, deceased, respondents, VA. 'Hudson Valley Railway Company, appellant. Order affirmed, with $10 costs and disbursements. No opinion. Goodrich, P.

Bartlett, Hirschberg and Hooker, J. concur. Woodward, dissents. Dr. Giuseppe Lapenta, appellant.

vs. Interurban Street Railway Company, respondent. Order atfirmed, with $10 costs and disbursements. No opinion. Goodrich, P.

Bartlett, Woodward, Hirschberg and Hooker, concur. George C. Hudson, appellant, vs. Erie Railroad Company, respondent. This case must be certified to the First Department, inasmuch as two members of this court are disqualitied from sitting therein, and the other members of the court are equally divided in opinion as to the proper disposition of the appeal.

Present: Goodrich, P. Bartlett, Woodward and Hooker, JJ. The Travelers' Insurance Company, plaintiff, v9. Mark D. Stiles and Richard E.

Purdy, defendants. Judgment in favor of the plaintiff for $363.83, with interest from April 1, 1901, and costs, in accordance with submission. Opinion by Hirschberg, Bartlett, Woodward and Hooker, concur: Goodrich, P. dissents. Bernard Ruchwaldy, appellant, VA, Manhattan Railway Company, respondent.

Judgment and order unanimously affirmed, with costs. No opinion. Present: Bartlett, Woodward, Hirschberg, Jenks and Hooker, JJ. Jacob Gunser, appellant, VS. New York and Queens County Railway Company, respondent.

Judgment unanimously affirmed, with costs. No opinion. Present: Bartlett, Woodward, Hirschberg, Jenks and Hooker, JJ. Mamie Milier, appellant, vs. Margaret Maujer and Joseph A.

Burr. as executor, impleaded, respondents. Judgment affirmed, with costs. Opinion by Woodward, Bartlett, Hirschberg, Jenks and Hooker, concur. Caroline B.

Hudler, respondent, vs. Metropolitan Street Railway Company, appellant. Judgment and order unanimously affirmed, with costs No opinion. Present: Bartlett, Woodward, Hirschberg, Jenky and Hooker, JJ. Poughkeepste Trust Company, plaintiff, 1'9.

Charles E. Lane et defendants. The court desires to see the counsel in this case. Present: Goodrich, P. Bartlett, Woodward, Jenks and Hooker, JJ.

In the matter of the application of Martin E. Goetzinger for admission to the bar. Application granted. Present: Bartlett, Woodward, Hirschberg and Jenks, In the matter of the application of William M. Stockbridge for admission to the bar.

Application granted. Present: Bartlett, Woodward, Hirschberg and Jenka, JJ, BEECHER MEMORIAL Issued in Form of Eagle Library No. 74. A Volume of Material Worthy of Perusal and Preservation. Contains Addresses by Former President Grover Cleveland, David J.

Brewer of the United States Supreme Court; Seth Low, Mayor of New York; the Rev. Dr. F. W. Gunsaulus of Chicago, and the Rev.

Dr. Newell Dwight Hillis of Plymouth Church. Sermon by Henry Ward Beecher, Personal Recollections of Henry Ward Beecher, etc. Frontispiece is a portrait of Mr. Beecher.

Illustra. tions throughout, the book of Rev. Dr. Hillis, Mayor Seth Low, Grover Cleveland, David J. Brewer, the Rev.

Dr. F. W. Gunsaulus, Dr. Horace Porter and others.

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