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

THE BTfOOKLYX DAILY EAGLE. "NEW YOTiK. FlUDAY. OCTOBER G. 1011.

3 miscellaneous: MISCELLANEOUS. MISCELLANEOUS. TESTIMONY OF R. P. 0RR i IS FLAIL! GONTHTED i FLYING SATURDAY, OCTOBER 7TH At Nassau Boulevard '1 M.

STAvn i.m. Altitude Speed Duration Cross Country Quick Starting Gliding Control 3 ADMISSION (KM'! Harry Atwood Lincoln Beachcy Earle L. Ovington T. O. M.

Sopwith Claude Grahame-W'hite Geo. G. Dyott Mile Miss Harriet Quimby Helen 6. Jsmm I li 1 SAYS LAW PHOKIBITS AVIATION ON SUNDAY! Dutrieu These Aviators Fly Despite the Wind. IT.

S. Army and Navy Flyers. U. S. Aerial-Mail Service from the Field.

1 ducted a general store here. He was for twenty years postmaster and the postof-fice ia still conducted in his building." Ho was a devout churchman and for years l'revious to the establishment of the Church In this village attends! the church of that fajtii jit lirceDucrt. It was through his aid that a church edifi was erected here and for many years he served as trustee and choir leader. Ha Is survived by one daughter, Ella wife of Postmaster v. Haisey Wiggins, Funeral services will be held son Sunday afternoon, at 2:30 o'clock, the Rev.

Rutherford, pastor of the Baptist Church, ofiiclating. Isahelle Wood. Isabelle, wife of Joseph N. Wood, died un uwuie, tn inasor piace, yesterday, She was born. in Manhattan in 1H73.

was a memDer or the Methodist Episcopal Church and leaves her husband and a daughter, Ruth. Funeral services took place at Her late home, this afternoon. interment in Greenwood Cemetery. J. Amraonier.

J. Ammonler, a member of the Royal Institute of Painters in Water Colors. died yesterday in London, England. He Joined the society in 1879, was fainouB as an artist. One of his best known paint- (-.

cil. I. u.i.i. Uilllllf, HIT, I owned by the city of Manchester, England. Mary Agnes Bourke.

Mary Agnes, daughter of Matthew C. Bourke, with whom she lived at 91 Court Bueei, u.ea yesieraay. at ner nome. sne was born In Ireland, had lived in Brooklyn for twenty-five years, and was a member of the church of St. Charles Bor-ronieo, where funeral services will be held Sunday afternoon at 2 o'clock.

The interment will be in Calvary Cemetery. She leaves three sisters, two of whom live in Brooklyn, and four brothers, three of whom are In this borough. William E. Curtis. William E.

Curtis, a Chicago journalist and the author of several novels, dropped dead early last evening at the Hotel Bellevue-Stratford, Philadelphia. He was born in Akron, Ohio, in 1851, his father being a Presbyterian clergyman. He was graduated from tha Western Reserve Col-I lege, and went to the Chicago Inter-Ocean, of which he subsequently became I managing editor. Ho resigned in 1884, going to South America as a member of the I Commercial Commission. On his return, i he rejoined the Inter-Ocean as Its Wash ington correspondent, afterward serving in the same capacity the Chicago Dally (ewa.

necenuy no nan written a uuuy CUlUlliU 1111 1I1I151KU llUVt'l 1111 papers. He was the author of some popular novels and short histories. Lambert B. Lott. Lambert B.

Lott, for forty years a resident of East New York, died Wednesday at his home, 218 Barbey street, in bis sixty-eighth year.i He was a native of iOhio. Mr. Lott had been a school teacher for twenty-five years, and retired ten years ago. He leaves two sisters, one of whom is the 'widow of former-State Senator Richard Pickering, and one brother) James Frank Brower. James Frank Brower died suddenly Yesterday at his home, 475 Lafayette avenue.

He was born in 1842 at Coopers-town, N. where he was formerly a 'vstiyman in the Episcopal church. Ho was a member of the Episcopal church of St. James, where the funeral services will be held Sunday afternoon at 2:30 o'clock. Marie E.

Depollier. Marie Elise, wife of Jacques Depollier, died Tuesday at her home, 313 Eastern Parkway, of cancer, with which she had suffered for years. She was born in Sweden- sixty-nine years ago, aud had lived in Brooklyn. for thirty-seven years, the past eight years living at the Eastern Parkway address. She leaves her hu'ebaud, a son, Dr.

Depollier, and a daughter, Catherine. William Henschel. William Henschel, a merchant, who had been retired for ten years, died Wednesday at the home of his Mrs. 201 Greenwood where-Ha had 'beVh-' living since the death of his wife seven years- ago. Ho was a member of St, John's Lutheran Church, and leaves three slaters, Mrs.

Augusta Luck-sehieder, Mrs. Guan and Mrs. Koesner, and iwo brothel's. Herman and Frank. His death was due to paralysis and was sudden.

Teresa Barnes. Teresa, widow of John Barnes, a retired broker, who died fifteen years ngo, when she moved to Brooklyn, and Joined the Church of St. Ambrose, and lived with a niece at till Gates avenue, died there yesterday In her sixty-first year. The funeral services were held today. William H.

Catlin. William H. Catlin, State Superintendent of Highways, died last night at Albany of paralysis. He was born in New York State seventy years ago, was a prominent real estate dealer, and had lived for forty years In Westchester County, which be represented for several years in tho Assembly. He was appointed by President Cleveland to take chargo of the extermination of pleuro-pneumonia in cattle In the Eastern StateB.

Its expenses reached S.OOO.OOO a year. His home was at Port Chester, and he was the stepfather of State Senator Wainwrlght. Richard B. Ferris. Richard B.

Ferris, formerly vice president of the Bank of New York, and the father of Dr. Albert Walter Ferris, chairman of the State Commission in Lunacy, died yesterday at his home In PeVham, N. Y. He was born in Albany and his father was once the chancellor of New York University, from which deceased was graduated in 1841. He then went into the Bank of New Ycrk and had been there for fifty years.

He was with the Twenty-third Regiment, N. Y. S. during the Civil War. Ho leaves a widow and fouf sons.

AUTO DRIVERS FAST. Special (ruin Long Islnnil 11. ft. Station. Last Sniitltiv'n CHARGE OF MURDER MADE.

Plaintiff's Testimony Caused Dismissal of Assault Case in Suffolk Court. (Special to The Kasle.l Riverhead, L. October 6 The suit of Matteo Aviano against Carl Genlell, of I'atchogue. for damages for assault was dismissed by Justice Rapper, who Is pre siding at the October term of the Supreme Court here, when Avinno testified I that the defendant had killed a man in 1 limy. Kapper ordered the jury withdrawn on the ground that tao statement was pt'eju-i ilicial to the defendant's case bcture a Jury.

I The plaintiff failed to appear in the separation suit of Louisa Kiinli Suydam agninst Charles H. Suydaiu, of North- port, and the case was dismissed. Representing several Matlilurk busi- ness men, Frank C. llarker took inquest3 and recovered judgments amounting to $1, agaius: William 11. Hroilertck.

a farmer, whose present whereabouts arc unknown. TO HELP A COMRADE. East New York Newsdealers Plan Entertainment and Ball. To pIU ono of thnlr nunibrr who is un- obit; to work because of Fprlous illness, the uewsdtlors of Brownsville and East New Yrk have arranged an entertain Jack Liijpmanni 1 Who Will at i-w nient and hall, fo be held in Uuosevcll Hall, street and illake uvenue. on next Sunday evening.

'H'jme well llcivwn entertainers have volunteered nsasax 'Ji. Wlml I i i Keporter for Bradstreet 3 An- swers Head of Contracting Company In Bank Probe. i a a.tf AiHLtT AGAIN ON STAND. I I Cashier Has Bad Hour Under Cross- Questioning of Mr. Cropsey on Book JJutiies.

Testimony given at the Lnton Bank in- vestigation a few days ago by Robert 1 a KIl'KUH 111 III" lull Urblllltu. and the paper president of the Orr Con- 1 1 tracting company, wnien neipeu tne Dana to conceal profits and losses from bank examiners, was contradicted today by a Bradstreet reporter, George W. Thomp son. Orr had denied on the stand that ho had provided the information on which a misleading Bradstreet report which helped to get tho bank reoaened was based. Today the man who made the report testified that Orr did provide the in- Robert P.

Oi-r. formation and actually dictated part of the statement. The only other witness at today's hearing was Cashier James T. Ashley, who spent the better part of two hours in pirrylng Attorney James C. Cropsey's questions as to the truthfulness of an affidavit which he mado on March 2D, IDOU, in the presence of Melville W.

Hutchiti3, who is now chief examiner of the Banking Department. Ashley swore that tho statement of the bank's assets and liabili ties contained in the Hutchins report waj correct. Attorney Cropsey contended that several items were incorrect and Ashley admitted they were incorrect, but insist ed that he was swearing not to the real condition of the bank, but to the condition as shown by the bank's books. All banks, he said, take care not to show their real profits on the books. Thompson, the Bradstreet man, testified first about the information he secured from Captain Orr.

"I went to Robert P. Orr," he testified, "who purported to be the president of the company, at his office In street. Manhattan, on May 8, and he personally gave me this information." "Did he give you this piece of information?" Mr. Cropsey lead the following from the Bradstreet report on the Orr Contracting Company: "It was incorporated June 21, 19110, with an authorized capital of $5,000, all subscribed and paid in in cash." James T. Ashley, who ran the company, nas testined tnat only $u0u was paid in in cash.

"Hid Mr. Orr say that was paid in?" was asked. "He did," the witness answered. Cropsey turned to the report and read: "While we owe a few small bills, will settle same In near future." Tho Orr Contracting Company owed the Union Bank more than SlOO.OuO. 'Did Mr.

Orr say 'We owe a few small bills'?" Mr. Cropsey asked. He did," the witness answered. "That part of my report Is In quotation marks." "Did Orr tell you that the company of which he was president served as an arm of the bank?" "He did not or I should have made that part of my report." The statement which the Bradstreet man says Orr dictated was placed in tho credit files of the Union Bank, together with the statement which Frederick Plottwell, chief of the credit department, says James T. Ashley dictated.

Both statements, it has been shown, helped to deceive the bank examiners when they looked over the bank, with a view to permitting the bank to reopen. Asmey ana uropsey engage Verbal Sparring. Jamog T. Ashley, the moving spirit of tin; Orr Contracting Company, had a bad hoi.r on the stand in connection with tho operations of this dummy concern. Attorney Oropsy submitted Ashley's affidavit, as to the accuracy of certain state ment? mode by him to Melville V.

Hutchlns, the present chief examiner of the Hanking Department, on March 110, liability under tne heading "due to de- nriBltnrs i The witness took refuge in half a dozen different explanations, declaring that profits were not assets, that the profits appeared In the statement as de posits, that the Banking Law in JiWB did not require all assets to be included, i Attorney iropsy persisted in drtvlns Ashley rrom cover to cover. He insist "1 that profits were assets, that deposits were liabilities, and that even in Ash ley's way of figuring there was a discren- ot '6'000 between the Orr Corn- nan-v 3 deposits and the credits to the mPany on the bank ledger. they misled the bank examiners, fy tmnK no TheJ. book "'Nation of the ba.m tbeyl 1 l-'B. "And they didn't show the real situation?" "No." Then they misled the examiners; didn't they?" "I think not." Such verbal sparring filled in the larger part of the morning.

After a cross-er- lamlnation of more than an hour, CaBhier Ashlev finally nrimitteH thnf t), the of the bank, is it And you kept your books so that they i i I Ml mi IN R0B1NSGN CASE Appellate Division Jus-j tice Crane's Decision In Wife's Favor. LAWYER ROBINSON WINS. Higher Court Didn't Feel However, in Giving Him Judgment. 'The Appellate Division, anions its decisions handed down this morning, that Supreme Court Justice Cran-j's conclusion, following the trial of the separatlon suit of: Edith Y. Robinson against George Robinson, I he well known attorney, was a wrong one and that there should be a new trial.

Justice Htrschberg wrote the principal opinion and Justice Burr, in a short momoran-j dum. 'concurs, going so far as to say th.it I the wife hadn't show nherself entitled to a- decree. The Robinson case is. a celebrated one. The plaintiff, who was Miss Edith Yea-ger, sued, alleging cruel and Inhuman treatment.

the trio. Ihefnrn Justice Crane she asserted that her husband had committed acts, of harshness toward her which were unwarranted. Lawyer Hobiu- I son laid the blame for their marital lu- fcllcltlesupon a brother-in-law, Joseph Bailey, who said, was too much In the society of Mrs. Robinson. Justice Crane decided not tt give the wife a decree of separation, holding although Robinson had done sutficienl to constitute technical cruel anil inhuman treatment, he whs goaded thereto by hLf wife's altitude or nagging and fxaspei'-atlng -treatment of him.

By the decision of Justice Crane I he plaintiff was absolved from' improper relations with Bailey and given a separate malntainance for herself and daughter. It was this decision that Lawyer Robinson appealed from. Justice Hirschlierg discusses the legal effect of the decision of tile lower court, taking the ground that there was error in the determination. In conclusion, the court says: "We do not feel justilied in dltectlng judgment for ihe defendant, bit' reverse the decree and judgment an 1 direct a new trial." The plaintiff is a well-known clubman and has large business Interests otilsid of his legal connection as senior lueinKr of the law firm of Robinson Robinson of 76 William sireet, Manhattan. He 's a member of tho Montauli Club and a Mason of high degree.

lie appealed from Justice Crane's derision. WALL PAPER TRUST TRIAL Will Charge Winfield Huppuch With Conspiracy in Restraint of Trade. Cleveland, 0., 'October 6 A speedy trial of the four wallpaper manufacturers and four wallpaper, Jobbers Indicted by the Federal Grand Jury yesterday Is bound to result, ns both District Attorney U. G. Demnau, representing the Government, and the counsel "for" those-' Indicted anxious to hurry mutters uIoiik.

Attorney IJenman said today that the, cases will be brought to trial durliiR the present term of the United 8tai.es District Court, probubly In December; Couuscl for the indicted parties have promised that they will be in eouri tomorrow to give bail. It probably will be fixed 'at j.1,o"0 In each Instance. Only one of the nu n. Jay It. IVurce, la from Cleveland.

C. O. Abr will cumo from Columbus. Ohio. Norton from St.

Louis, Charles K. Maxwell from UhicHKO, Winfield A. Huppuch Iron Mud-son. Falls, N. George Tail from Glen Falls, X.

Robert F. Molibs Ho- holten, X. end John McCoy fr i ioru, 1'a. Attorney Denman said today that the Government's caBe is not a "trust blasting" case. "Wt charge only a conspiracy In restraint of trade," ho said.

"The Indicted men are alleged to have attempted to boycott all the iie and ten-cent stores of the country so that latter were shut off from buying their product." MISS DARNELL OPERATED ON. Young Victim of Freeport Accident Is Doing Well Now. (Special to The Eagle.) Freenort. L. October 6 Miss Pauline Darnell, one of the survivors of the Grove street tragedy of Sunday, was operated on vesterdav by Dr.

Gould, a Brooklyn dental surgeon, for a fractured jaw. Ho nut a nlate between Miss Darnell's teeth so as to keep them parted and strapped her head in harness which supported her Jaw and kept its fragments in position. She can now take liquid food through a tube. Miss Darnell has not been told that her mother and sister Beatrice were killed in the accident and lias asked often, fiUHni nrtficfl to her nain. why 1 i iiuiimn luni'i'n i they have not been to see her.

Her right leg is shattered near tne anec, uui mm will probably recover. Acting Coroner Norton will today begin the Inquest Into the deaths of Mrs. Darnell and her elder daughter. The first witness will be John Mott, the taxicab driver. NO BULGARIAN MOBILIZATION.

Constantinople. October The Bulgarian Minister today conveyed to the Porte the assurance of the neutrality of Bulgaria and also denied the report of a military mobilization in the kingdom. 13 THE REALTY MARKET Auction Sales Today at the Real Estate Exchange. (BY WILLIAM H. SMITH.) Went 24th St.

l' ft Mermaid av. f1 in. f'hnnv nuM 1'imi-V tllLO'l Really and Improvement Co 't nl; Hollins Rollins, attvu. ii Nassau St. Manhattan; John ref.

Ailj'Hirn-d to N'ovcnitior S- East md st. s. Avenue -a ecott atj.it 1 mis i arnn. mi-. atty.

44 I'uurt st: Louis Moss, ref. Sol'i to plaintiff for $.10. (BY CHARLES SHOXOOOIl.l Eastern Parkway, 424 ft Albany av, 0x120.7; Henry Both Building Co asst Jessamine Realty Co et al; Action No liet.ry rj Lewis, atty, 215 Montague st; M.kr Spln-j brink, ref. Sale adjourned to November Z. (BY WILLIAM P.

RAE.) 6th av. 40 ft 20th st. sti.u): Bertha i Herrfeldt ast Mary Duffy et al: K.lwla Kempton, atty, 17o Remsen st; Howard Ameli, ref. Sold to plaintiff for i Ocean Parkway, 120 ft fl Aibeioarle road. 20x120; Bond and Mortgage Guarantee Co agst Drehta Corp et al; Kdwln Kempton.

atty. 17n Kemscn st; nas ockwouu, rei. adjourned to October 20. 49th st. 3 ft lfith 40x100.2; Emllle Hutier agst Bertha A Musliner et al: Kdwln Kempton, atty.

175 Remstn st; Howard Greene, ref. Withdrawn from sale. Koh av, lis) ft a Benson uv. 2Tfi3.S; Lmllle Huber et al agst Jacob Giiralnl- -H Kdwln Kempton. atty, st.

C.oo A Green, ref. tfold to A Rubens fur Judgments Satisfied. ix tuber s. Con" I ft R- Anne K-n 1.S5!" I. MI'tielson et al Fkr.nl I'rb ll Ttutledge- It Est Co Aeme Metal Co.S:'i5 sl Pome It Lii'btentein Co fame MHiihattan It Mill .1 Bro.iie Ie Ivan.e (bitten I.

Schulxe Mors.m .1 Roach I Mevcr et al l-io'-ie i'hlltu Zbiu.lovskv i 1 Natural Laxative Water Recommended by Physicians Refuse Substitutes Best remedy for CONSTIPATION BROOKLYN COURTS SFl'REME court. SPECIAL TERM TRIALS "deodar, October 1). Joseph Asplnail, IIS I IO wdwln Cti. vs. (demurrer) Hart.

trucker Construe. vs. Thrall Con I nn. Hll'UC. I o.

A- 2) a. Ktldherg Con- Htructlon Co. vs. utwak. vf.

1W7. MHrMnriale exe. 1 100. vs. Crw ant and ann.

HOI Woolnough vs. Wnolnotiffli. 1402. vs. J.esser.

J.a lHiirlello vs. Jiniorieilo. Clayton vs. Clayton. va.

Huffman. vs. Tie- I-iile. vs. va.

Badour. va. W'empis and oi. vs. Rehuian.

vs. Amopol-Pruzin Kealiy Co. Lopardo vs. Tolve. vs.

Mowerson. WO. vs. McEJhinney. Realty Co.

vs. Kelly. vs. Snkwa Cunstruc. Co.

14.i. Fmicher vs. rancher. vs. Goldrn.

vs. tiianlos. vs. l.uusser Co. Howinan vs.

vs. Shaw. 117. vs. Hall.

vs. lie'lljes. itSa. Lawrence vs. Hall.

vs. Kessler. IoVi). Kosenberj; vs. Hnrrls, vs.

Strikes. vs. Kelly. KiS'i. vs.

(ireenbertf. Highest number reached ou call. 1438. Hl l'HKilli COURT, TRIAL TKRM. I'ay calendar, October U.

1'art 1. I'mnani, .1.: Pari II. Clark. III. Jayt'ox, I'm-t IV.

Ktll.v. Part Crane. Part VI, Maivan. .1.: Part VI, Stnpleton. .1.: Hello H.

Munifoid, an alleged incomiistcnt. vs. 11. H. K.

It. 180.. lilbbolia vs. lirooklyn Kl. R.

R. vs. Ualr Co. Moure vs. H.

It. Si busier vs. H. H. K.

vs. li. 11. K. vs.

li. H. H. R. La Uratto vs.

Bei'kr. 1S4S. Herman vs. Nassau K. R.

vs. B. H. R. H.

Harrington vs. City of New York. vs. Q. -Co.

Sub. R. R. Vnfft vs. Xassau Ferrv Co.

vs. Brooklyn KL Tt. P. Vs. City of New York.

vs. B. II. li. R.

WKL.HchwartE vs. lM.1..MHrlliHlle vs. Nassau It. R. vs.

Furlong. 1UT.1...1orkstrnm vs. Nassau R. II. HSU.

vs. city New Voik. vs. Cohen. vs.

B. II. It. R. IPSL.Klstein vs.

Nassau H. It. Hisuston vs. city of New Tork. vs.

Nassau It. 11. vs. Nassau U. R.

vs. Q. Co. Sub. R.

ft. 20iil. vs. Crawford. va.

Industrial Chrlsllan Alliance. Crystal vs. B. II. 11.

K. vs. H. ll. n.

r. Johnson vs. Brooklyn Kl. R. vs.

I.ush. vs. Nassau R. vs. Nassau It.

It. vs. Geer. 1-73. vs.

Ir. If.TL.Koehler vs. Q. c0. Pub.

vs. Tt. Tt. it. B.

R. The following causes. If marked ready, will be passed for the day. No cause will be set down for a. day upon this call.

Jones vs. B. H. B. R.

vs. Steel Drake Baking Co. vs. Century Cork Co. vs.

Wendell Kvans Co. vs. Warren Chemical Cty. vs. Q.

Co. Sub. Ii. ft, vs. Rooram i- Pease Co.

l.n.te-11 vs. Brooklyn Kl. II. II. vs.

h. n. n. vs. (Irecnhut Co.

vs. Grora-e. Williams vs. Brooklyn HI. n.

vs. Q. Co. Sob. R.

n. -VS4. vs. Q. Co.

ft. Sub. It. It. vs.

Roe. Shields vs. Stevens. 1133.. Lessor vs.

Q. Co. R. R. 2701..

Clarke Co. vs. Brooklyn Asphalt Co. vs. Hunan Ron.

Relsenbereer vs Weit Auinn vs. HonlK. Burns et 1.2S..Slevln vs. B. K.

R. 1341. MagKio vs. B. H.

R. I rlre vs. Brooklyn E. B. It.

vs. Sachs. vs. AVanamaker. K.7S..1U Giovanni vs.

Martin. 1129. vs. Karrell vs. B.

H. R. "ofiff. lr xander vs. Singer.

Sot stiy vs. Cohen. WL.HRhn vs. CVinabeer et vs. City of New Tork.

Lyons vs. Merchant Pefrlneratlng Co, 2071V. Burdlan vs. Tattle Unllev Co. Isaacs vs.

Citv of New York, etc. vs. Nassau R. R. vs.

Rubin. vs. Q. Co. ft Sub.

Tt, rt. Highest number reached on regular call, 2CS1. COUNTY COURT, Civil calendar. Part .3. October 9.

1911. Tlrrney, .7. Part 4. McCann, J. Calendar will bo called In Port 3.

vs. Bingstrom (Inipiestl. 77V.Appel vs. Brooklyn Heights R. R.

Co. 770. vs Brooklyn Heights R. R. Co.

777. vs. Mesno. vs. Woods.

Monro vs. Kubn. vs. Prnnk'vn Tt, r-0. 790..

Anson vs. Coney Island Bklyn R. R. Co. vs.

Greenherg. vs. HaHiirnri. evv vs. Brooklyn Heights R.

R. Co. vs. Kpplg. 24.

vs. Brooklyn Heights p. R. Co. I'lvern vs.

lTetM n. VI. vj. coney island rtkyn r. r.

o. lJavMn vs. Prooklvri M.irhi The following cauRea If answered ready will pencil for tho vs. fnydr. Sor.Purak vs.

vni. vs. N'apenu KprtHc R. Co. vs.

HpMorbrmpr. Til va. Hm'tklyn Helghtfl R. Co, SS, vs. Fnlnpi vs.

Rutlrr. vs. South F.rooklvn R. Co. KHIer va.

Brooltlvn iTtMirhtn R. Tt, Co. vs. Nfui Filectrir R. R.

Cn. v. Brooklyn HHjrM R. Co. 3..

Prortfrick vp. Q. Co. fit Sub. R.

R. Cn, v. RronMvn T'HrMs R. P. Co.

Sll. niy Railroad 'a. vt. Germania Favtngf Bnrk. vs.

Brooklyn Rapid Transit ro. KEFEKEES APPOINTED. BV GARRRTSOV, J. miner. nowaro.

i.atprn runtrlr havlnei. Hank v. wuiiam w-Gllln: Morrlmwy v. Meiurhiin, Oiarks Hurwood: Pchartnan v. Miller.

Will- mm rtT aspi.vai.u J. stom.inn BuiMlna t'omnanv. Franei. s. Mr- DHitt.

BY.MAP.EAN'. J. Rplzensteln vs. Millfr, Mkhaol A. O'NVIll.

BY BLACKMAFt. J. fnnklln va. 'ortesi? ft 1, Mciurlcc V. MtllT: mnftpr of Morsn, Abrahnm H.

Kp)epfpiKas; Lang va. Kierstedt et al, Wallace N. Vreeland. STUDENT KILLED BY GAS. Martin Gottschaldt Found Asphyxiated in His Father's Office.

Forcing In the door of a Btorage room in the offices of Dr. M. Charles Oott-schaldt, on the tenth floor of the Physicians' and Students' at 40 East Forty-first street, Manhattan, Just before 8 o'clock this morning, the engineer of the building and some attendants found Martin Howard Oottschaldt, 21 years old, son of the dentist, dead In a chair from illuminating gas. The end of a gas tube lay in his lap. Two chairs had been placed against tha door, and a towel lay at the foot of the door.

Dr. Gottschaldt was notified, and said the boy had been a student, and was preparing to entering tha Philadelphia Dental College. Coroner's Physician Weston said the death was accidental. He said the boy was studying hard for examinations and had fallen asleep. Tho gas had escaped and tho boy had been overcome in hi sleep.

The young man was the oldest of several sons of Dr. Gottschaldt. INDORSED BY MORTON CLUB. At a meeting of the Levi P. Morton Club, held at 373 Stuyvesaut avenue last night, resolutions were adopted indorsing all Republican nominations.

Fifteen new members were in the ceura-? Miss Matillda Moisant Direct to iisnnu nonlevnrd Aviation tiierku Tomorrow. SAY 10,000 KILLED IN CHINA. Missionaries Report Enormous Losses During Roent Fighting at Cheng-tu. Peking. October.

6 American Methodist missionaries at Chengtu, the recently besieged capital of Szerhuen Province, tele-graphed today that they estimate that 10,000 persons were killed during the fighting between the insurgents and the government troops. Of the dead 2.0UO were soldiers aud the others rebels. Ten thousand rebels are in possession of sovera'l titles siJuthwest of Chenglu. Sodliet's' are marching against them today. Tl'ti; Met hodists" state that as a result of the uprising thousands -of- natives are homeless' and many, becoming desperate, committed susfide.

The Methodists appeal lor funds from America to be dis-I rilmted under their supervision in tae work" of relief. MARRIAGE LICENSES Issued 'in Brooklyn for Twenty-four Hours Ended at 10 A.M.' Today. 1 Iowa el W. ariirnier. 19, nf Providence, R.

i i K-Meu Hmlrh, of gulhcy I 'tmn r. of sr houth at. n-arwM i-ripunian, or if Myrtle a v. Ciirl l.In, L'fl. of II! Alanhaaeet 'Mary Knftpiy H7 Hk-ka fit.

VVilMiiiii I'. Mitiiirry, of Ml ManhtUtan av, I.illlnn is, 317 Wurtrink. or 4 Hox at. Dora H'lhall, 'KH HI iiox .51 'Rrdul 'ivWr-r irtan. "7.

of tS Fluahii'iff av, Ahi-loff, 251. nf iBovd at. It.irtatlji of, AlUUiy av, I'Liiki'S liI OinJo. of 14 HaVcn.H place. iir.

of tO' ar, nt KiiO' ii, lit, of Rj KnifkoriXHk'r' av. I'S of lift I-'ourtii av. Uugia Ciiihi. of Kom-tJi nv. nif.r.;3P JJn'fi'y.

of IJiiy SixtiH-m ai A. fh-rrow 'l. of Bay Twnij ni.ivh. Viii'-nsn r.o. of at, of Xurtli Iitfhlii St.

Iraris -i. ijfliilil si, Kath- y. of i SI h1. Vjrl.KH. :7.

of 114 Jo- 1 i. nn. Mullrr. :1, uf h' HalNcy 5i. Mil ft if-N- j.

of CZA Grait'l a v. i 'nf 4o Aiilpl-J Aiip.uiimo i I.pon,inn, uf Tlironp a. nlodjcr.) ut 1 1 ai-imwi st. IVir'tiuol'3 "I'lfi, Vif mi si.it v-'Kih at, Ainm of Si.siffVli I'Oi A. (M, ii MSffh AoaM- of Tflhimn m.

YVMlSit.i' A. of Vloyl Kih- in. yj, ot i KJ hi. Harry U' of Flflot nth ai rAv l-lltifiir K. 'arriiijrion, of hln' Kiftf-r nth st mill Av X.

I jam In 'tlf' koiidjt I.ti'pi nf r-r JT?" 'thirl si. i. nf Tlilr 1 m. MS Majar.l st. iiiiiii nv.

i.f t-orinin- llraln. of irnu ii av. HI Mi.r.oo. of t-'as; New 'Jivi i- Furaun. of l-efiVrif, nv.

Zyl-1. of Ksgle Zyrul. i Venn, nit n. James HiieMs, of Sit. Ma-k' av, Oam Jn.

of Tv. til; si. Gviii'S-' It. VVIIliiiniffici. of v.

Iim M. nf ir, Woodruff av. 1 44. of rs West tviiTh ui E.lwln It. Herhnt.

t'J. of 73 r5t st. Mnn- hattiin. Kilith Tillntnen, of 17 ly-i-iiini 11 si. K.

of South second at. H. KlKnit. Iti. of outh Heoo.nl it.

Hi rr' I.avery. Lii. cf 17. Baltic Ellen L'om-roy, t'l. of Hililc t.

T. Pl'-kanl. ZX of Mudlsoti st. Barbara M. N'ulsinltli.

uf Madison St. Joseph H. Weeks, nf ts Prr-r'ntt plfloe', Ed-wlna Johnsnn. tv. of IS Prescott IlennHn of Lorlmer at, Ellen War-l, of I.orltnr hi.

fiikl H. Tcrp. nf Albindale. X. Laur-e Uavl.ls, 15, of st Waverly av.

Areaturelo illvato, li't. of K.7 High St. AlesSRJl- ilrino I.auibirll, 'J of Melrose st. Joseph Jjaihtiria-. 2i.

of 76ii 8V, Catherine Ifi, of L'HS Twenty-second av. Wlllliun l.owey, if 'PijlmK st. Mary K. Johnson, of V'ntchen ay. Samuel F'ber.

of I.ortmfr st, Rob'i Herter, of l.orlmer st. Flnkplsteln of Tliroop av, Itoffi r.uslia. in, of i4 Slegel st. Frank Il.iweM, 4, of Kosciusko st, Kach'l II. l.uscinib.

of l. Ivselusko st. Alexander rtutt. SS, nf I'27t Nostrand av, ateth Ilraily. 2t', of Maple st.

Alios Flsrir-r. of 11 st. Annte Cost- kowich. -t. of 14.iieorKe MorrN Kctmnrtz.

2s, of East liist p- Hrnnx. Kreaner. 1. of SM Stone av. lonar-lo Matuei'Io.

T2, of Ornne, N. .1.. tiil'na raiob-gaella. 16. of 5'il Twentieth St.

Kichar'l ftetszrr. of 147 j-'i henek sv, Knilly Itavvalil. 2 of 27V KuUon si. Illccsrilo caranenlo. -1.

it 307 West Went Forty-thtr-l st. Mnnhatta.i, Adellna l'enz. of Coney Island. Anilre'v Kasricrha. of 17 Wythe av, Marys.

Krokoflka. -i', of L'l Kent av. GeorK 1). Mills. of (Jreene av, raul- Ine WTbeck, 40, of 1414 G'reeno av.

Htluinr HJodahl. 22. nf 127 Clinton av, Emm.i Ellnrstrnui, 22, uf St. Mark's av. Milton De Vos.

L'tl, of 2:2: Washington v. Urnnx, ttertruJe U. Tlsch, of CW i'rel- ilent st. Frflrrlck L. Porlson.

26. 'of t2 CJates Anna Lewis, L9, of Lireati av. John F. MciJrath. o2.

of East Fifty-S I st, Manhattan, Helena -VI. Murphy, of Wt Saekett t. frank M. I'errv 6-'t Coney lslnn 1 av. i Vtiicen2a Fina, 4', of ISr.fi Fifty-eighth st.

i their services. Among those who are I it. scheduled to apjxar are Happy W. Stone, Kr.kiilin, of Denver. I'etrubi.

the "blackfaced Harry Manusu. 1-1, of 'Ml fiftieth Father Welnstein, a clever lt)-yar-olil mlnja l'orevlllo, of Bayard tit, Man-song un.l dance entertainer; Harry and jw-tn Trsina Huonomo, V7, of S3 King-Eva Dogart in a inusical acl. Lipp- 1 ,011 tv1 Mnrry K. 22. of 7.1 Hanceck Kt, Irene maun, a lmrilono sinscr; feylvia Jacob-; lf, nt M.

son. East New York's child w.inder; Mine. AUmm palMo, of v. YonowlteJi in selections froin Kusslnn Annela M. fehlnunentl, of riedfnrd opera; Billy Burke, the lirooklyn come-; av.

Justice Carretson Will Not Inter- fere With Sheriff DeMott of Nassau. NO TEMPORARY INJUNCTION. Setback for Woodruff aud Other Offi-' cials Conducting Exhibition at Mineola. Supreme Court Justice Garretson today handed down a decision refusing to interfere with Sheriff De Mott of Nassau County, In the Sheriff's proposal to stop Sunday flying on the grounds of the Nassau Aviation Company, if the company charges an admission to the public, or make arrests of ex-Lieutenant Governor Woodruff and other officials if they persist in doing so. Justice Garretson says that, despite the plausible arguments of Mr.

Woodruff's counsel, that the art of aviation should be encouraged by allowing Sunday meets, with an admission to the public, it is, in his opinion, a violation of the Sunday laws. The section referred to by Justice Gar retson prohibits "all shooting, hunting, fishing, playing, horse racing, gaming or public sports, exercises or shows, Mipon the first day of the week." A violation of this section is called "Sabbath breaking," and is a misdemeanor. The aviation officials secured from Justice Clark an order directing Sheriff Do Mott' to show cause why he should not be restrained from interfering with" the meet on Sunday, or at other times. This order was secured late Saturday afternoon, and would have prevented the Sheriff 'from stopping the proposed meet the following day. But.

the inclement weather effectually stopped The matter came on for argument before Justice Garretson on Wednesday, and Grout Grout, 'representing the aviation interests, asked for 'an hoiy. what a Sunday meet would, be under cdndLtlbns of modern aviation. They wanted Sheriff De Mott kept from arresting the officials this oming Sunday. In his brief memorandum. Justice Garretson says, that, at its best, aviation is euoh a sport ns lo come within the prohibition- of the law.

"I am of the opinion," he "considering the nature of the enterprise In Vhich the plaintiff is engaged and notwithstanding the novelty of the demonstration and contest presented by it to an Interested public, and the practical and scientifin results said to be derived therefrom, the conduct of the enterprise on Sunday, even as its details are proposed to be modified by the plaintiff's officers and agents, will bring It within the prohibition of Section .177 of the Penal Law. "The fact that an admission fee Is charged adds strength to this conclusion. It is difficult from all the undisputed facts to determine that what is proposed to be done will not be a 'public show' within the meaning of the action. However, both in connection with and aside from the foregoing, a court of equity -should not, and will not, interfere to re- strain a peace officer from threatening to arrest persons for violating the criminal law, irrespective of whether the officer is mistaken in his opinion that the acts ''contemplated to be done constitute a crime." Justice Garretson concludes his memorandum bv denying the motion for a temporary injunction, with $10 costs, saying, in addition, that it had not been shown that any property rights had been endangered in any way, but that Sheriff l'e had merely threatened to-make airrests if the law is violated. Sarah D.

Magee. Sarah Dun Magee, born at Stamford, and resident of Brooklyn for the past thirty years, died at her home, 728A Carroll street, after a long illness. She is iurvived by her sisters, Mary A. Dun and Mrs. Cede Van Orden.

A requiem mass will be eald at St. Francis Xavier's Catholic Church on Saturday morning at JO o'clock. Interment will be at Cypress Hills Cemetery. Mary L. H.

Nickerson. Mary Louisa Hoffman, wife of the Rev. Thomas W. Nickerson, rector of St. Ste- pnens Episcopal aiurch at P.ttsfleld, died there yesterday of paralysis.

S-TJ" nhe nVnry Kugene Augustus Hoffman, D.D., dean of the Theological Seminary In New York, and Mary Crook Elmendorf, and was born in Elizabeth, N. J. She had lived in Brooklyn and Philadelphia some time. Besides her husban she, is survived by one son, Hoffman, who is in the graduate school at Harvard; her mother, -Mrs. Mary C.

F. Hoffman of New York; a sister. Mrs. J. H.

Watson of New York, and a brother, Samuel Verplanek Hoffman, -president of the New York Historical Society. Hatlie M. Muckenfuss. Hattie M. McCants, wife of William M.

Muckenfuss of S3 street, died Tuesday. She wsh born in South Carolina on February 14, 1ST0, and was a member of the Ladies Aid Society of the Bush-wick Avenue E. Church. She Is survived by her husband, three daughters, Kstelle Marie, Ruby 1. and Bertha and three sons, George Arnold, William Marlon, and Wesley Leroy.

William Spatz. William Spatz, retired florist and for mer resident for forty years of Astoria, Ataii i 1.1. J'nui II Mill U' .11 LI UUIIIU, IU IUO Uerman Evangelical Home for the Aged in Bushwiek. He Was. born in Germany eighty-five years ago, and leaves a grandson.

William Spats, and a granddaughter, Cecelia- Muldooff. Burial will be made tomorrow at St. Michael's Cemetery, Benjamin Tuthill. East Marion, October 6 Benjamin Clark Tuthill. one of the most highly respected cl'izens.

of this village, died on Wednesday night of heart trouble. Mr. Tuthill was born in this village on June -i- 1 dian, and a company of three in a one- 9 Happy W. Stone, Who Imitates Harry act play called "The Haunted House." The committee which is making arrangements for the affair has announced that, in addition to the vaudeville and nuiflcal programme there will be other features to provide a pleasant evening for those who attend. The committee includes Jacob.

Hvnian and Morris I-Vld- man. Max Jambs, Samuel Polonsky aud Louis Fcinstein A "7 ''j At if 4 I In these statements Ashley failed i (o include the then profits of the Orr Company as part of the bank's assets. Tuning Up for Big R-ace at Fair-1 Ashley explained by saying that all bank mount Park Tomorrow. denied it advisable concede some of their profits from the Banking Depart-Philadelphia. October 6 Fifteen of the ment.

The statement sworn to by Ashley eighteen drivers entered in the big 200- lis's the profits of the Orr Company as a mile automobile road race in Falrmount Park tomorrow were on the eight-mile course early today, giving their power ful racing machines the final tuning 'up. Under the park regulations tho drivers were allowed on the course from day- t0 arations and park guards had consider trouble in keeping the course clear of the spectators. u.uin. oil tii- 1 potnts of the course, most of the driver? today let their machines out to the limli and some fast time was made. Erwin i Bergdoll in a 90-horsepower Benz went around the course In 7 minutes 33 sec-, onds and then again in 7:36, unofficial time.

The record for the course Is 7:38. The race will run under the same con- ditlons as in former years. The entrants iLelude three National cars, two Loziers, two Mercers, two Mercedes two Ohlos, two Flats, a Cole, Case, Benz, Stutz and Bergdoll. Some of the best-known drivers in the country will guide the cars. J.

J. ROACH BANKRUPT. John J. Roach of 643 St. Mark's avenue, i why Qwranri if owfT II BROOKLYN Brooklyn, who during the last six months ment he swore to was untrue in fact; was in business at 26 Beaver street and "but," he added by way of explanation, at 123 William street, Manhattan, in a is a true statement of conditions as voluntary petition in bankruptcy filed to- they appeared on the books of the day gives liabilities of $13,766.07, with as- 1 "Well, if you made the books fraudu-sets of $050, which include a promissory Ipntly.

it isn't an honest statement of No. 3. POPULATION. Reports of population show that 800 new residents take up their abode in Brooklyn each week or over 40,000 each year. Are not these figures significant? Yet, with this phenomenal increase the borough is not overcrowded there is very little congestion, if any for Brooklyn has the land, and as the population increases they are housed in new houses, flats and apartments constantly being erected on land that knew only the touch of the plow and reaper a few years ago.

note for $500 made by Daniel J. Cox, and noTiiti i n. and o.uo snares or i the St. Regis exploration ana uevetop- ment Company, which have no market value. 10 TO 20 YEARS SENTENCE.

Joseph Vatalo, an Italian, 60 years old, was this morning sent to Sing Sing Prison for an indeterminate term of from ten to twenty yars. for manslaughter in the firet degree, by Justice Crane, in the Supreme Court. Vatalo was indicted for murder in the first degree on a charge of killing Michael DePnlma of 2J8 Eighth wouldn't show all the bank's profits?" "We did." Jonas J. Levy was again absent from the hearing today, and his absence was noted in the record. At 12 o'clock the hearing was adjourned to Tuesday morning.

Attorney Cropsey indicated today that he Is in no hurry to get ex-Controller Grout's testimony. He still has numerous matters under the Sullivan administration which demand inquiry. It is possible, however, that the probers will decide to Mr. Grout to the stand the If you want other reasons, secure a copy of "LIVE IN BROOKLYN," a forty-page booklet, free at any. Eagle office or 2 cents by mail..