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

3 THE BROOKLYN DAILY EAGLE. XEW YORK. THURSDAY. DECERN FBER 3. MOD.

MISCELLANEOUS. MISCELLANEOUS. plums in mayor's OFFICE PENNSYLVANIA RAILROAD' mm REFEREE NOW PROBING SO-CALLED MILK TRUST GARNERED BY CLELLAN DANGEROUS FIRE TRAP MOTOR CARS Bulletin. TRAINS FOR THE CHRISTMAS HOME-COMERS. To Mayor-Elect Caynor Is Left Only One Secretary's Position to Fill.

Rotten Hose and Barred Windows Condemned by Commissioners of Accounts. Consolidated Milk Exchange Is Successor of Concern Dissolved by Courts. VI WHO OWNS IV ALL OTHERS ARE PROTECTED, FIXES THE PRICES BOTH WAYS, 50 MILLION cod fish, more or less, are caught each year on the coast of Norway, the livers of which are made into Cod Liver Oil. The best oil is made from the fish caught at the Lofoten Islands. Scott Bowne use only that oil in making their celebrated Scott's Emulsion and when skillfully combined with Hypophosphites of Lime and Soda they produce a medicinal food unequalled in the world for building up the body.

TOR SALE BY ALL DRUGGISTS Sand Bam. of paper and thia ad. for ear beautiful gariosa Bank and Child'. Sketch. Book.

Each bank oontaina a Good Lack Penny. SCOTT BOWNE; 409 Pari St. New York NEW MANAGERS ACT PROMPTLY Packard Motor Car Co.orN.Y. 1861 BROADWAY Attorney General Alleges That It De By Direction of Incumbent of Mayor's Chair, Civil Service Commission Acted. Order Wire Wetting Removed at Once, and Will Get Supply of New Fire Hose.

cides What Farmer Shall Receive and Consumer Fay. SUGAR TRUST'S CHECKERS KEPT VERY BUSY The preliminary Investigation of the Brooklyn Disciplinary Training School by the commissioners of accounts and their The examination ot witnesses In the alleged illegal combination ot milk dealers wag begun this afternoon at 2 o'clock, at 299 Broadway, Manhattan, before Referee William Grant Brown, who was appointed by order of Supreme Court Justice Seabury, December 6. The Investi engineers has convinced them the build ing is a fire trap. The report was so alarming In Its character that when the Kehoe, Coyle, Boyle, Hennessey, Voelker and Halligan Always On the Job. gation is being conducted by Special Dep OBITUARY When Mayor-elect Gaynor assumes his new duties be will find that there is only one appointment at his disposal in the mayor's office.

That position Is secretary to the mayor, and carries with It a Balary of $6,000 a year. The other confidential position of executive secretary, which is held by William A. Willis, -was put in the competitive class during the present administration. Of course, Mr. Gaynor has the right under the civil service rules to abolish the position, and if he wants to make an appointment to recreate It under another name.

No previous administration has done what Mayor McClellan did during the course of the last year or so, to deprive the Incoming mayor of the personal patronage in his own office. When Mr. McClellan succee'ed Mayor Low every position in the mayor's office was in the exempt class. That gave the mayor the right to choose his own personal staff. There will be a great making for the old home shortly.

The colleges and schools will be deserted. A great many grown-ups will also catch the home-going fever. The spirit of Christmas turns all faces homeward. There will be much looking up of time tables and many inquiries about trains. The trains of the Pennsylvania, accommodating at all times, are especially inviting during the Christinas holiday season.

They have so many comforts and conveniences that they appeal not only to the youngsters, but to their parents and guardians as well. For long distance travel the Limited trains are easily first. They afford all the comforts of home and all the safeguards 'that the best service and the most careful attention can insure. With drawing-rooms for little parties, staterooms for smaller ones, the observation car for recreation, perfect dining car service, and a ladies' maid always at hand, there is little else to be desired. They are ideal trains for young ladies traveling either alone or in groups.

The boys take to them naturally. The "Limiteds" are: For Chicago, "The Pennsylvania Limited" leaving New York at 10:55 A.M., the "Pennsylvania Special" at 3:55 P.M., and the "Chicago Limited" at 4:55 P.M.; for St. Louis and the Southwest, the "St. Louis Limited" at 10:55 A.M. and "The 24-Hour St.

Louis" at 6:25 P.M. There are other excellent trains, at the most convenient hours, for all the cities of the West, Northwest, South, and Southwest all prepared to accommodate the Christmas traveler, young or old. Any Pennsylvania Railroad Ticket Agent will give full details. Pennsylvania Railroad Ticket omcs at SfiJ Fifth Avenue (open until 10:00 P.M. dally.

Including Sundays and holidays: Telephone "10:12 Madison Square." Pullman phone "6990 Madison 1X2 Fifth Avenue, 170, H1, Broadway. 'Hit Cnlumlma Avenue. Ill West 12oth Street, 271 Third Avenue. 34 Mulberry Htreet, Went Twenty-third Street Station, Hudson Terminal Station, Utfttlons foot of HetOu-ossee Street and foot of Cortlandt Street, New York; titW Fulton Street, 4 Court Street, 479 Nostrand Avenue, 300 Broadway, Flatbush Avenue Station, and Annex Station, foot of Fulton Street, Brooklyn. SENT OUT AHEAD OF OTHERS.

uty John B. Coleman, for the attorney-general's office. The order directing the proceedings opens an investigation of the so-called Milk Trust, and promises to assume larg proportions. The order directs an investigation, under article 22, chapter 20, of the Consolidated Laws of the State, lqto the Consolidated Milk Exchange, the Borden Condensed Milk Company and Its H. H.

Falkenstein Tells of System, Used in Alleged Conspiracy to Defraud the Government. officers, the Sheffield Farms-Slawson- Decker Company, and the Mutual Milk and Cream Company and its officers. The officers are ordered to produce their books and other papers and to answer all questions which the referee may re from confidential stenographer to quire. The petition of Attorney General O'Malley charges that the officers and members of the Consolidated Milk Ex change are practically the same persons and concerns which constituted the old Milk Exchange, Limited, which corporation was dissolved by order of the courts In 1895, on the ground of its being an At the resumption in Manhattan of the trial of Spltzer. Uendornngel, Coylo, Boyle, Kehoe and Hennessey, Sugar Trust employes charged with conspiracy to defraud tho I'niteii States government by uudnrwelghing sugar at the HavomnyeP Elder refinery docks in Brooklyn, Winfred T.

Denisnn, deputy United State district attorney, pokited out thnt tho term of court would bo insufficient to finish the case, and Judge Martin therefore extended tho time for six weeks. Frank A. Hornby, a government weigher, was under cross-examination by Charles M. Beattle, and gave the name of fully a dozen men to whom he had spoken of his conversation with James F. Bendernagel, in December, Ifi'iO, ia which, he Btated yesterday, HendiTnagil threatened to have him dismissed from tho service.

The witness read a list an 1 illegal combination, and that the present Consolidated Milk Exchange is not only guilty ot the same violations of the cor Mary Ann McCarthy. Mary Ann Fltzpatrlck, widow of Thomas McCarthy, died at her home, 623 Washington avenue, last evening. She was born In Ireland and came to this country twenty-three years ago. She had lived In the Ninth Ward for twenty-two years, and had been a member ot the Church of 6t. Joseph all that time.

She leaves a eon, Edward; a daughter, Catherine; a aister, Mrs. M. Kelly ot Brooklyn; two brothers, Charles and Francis, ot Ireland, and many relatives in Philadelphia. Mrs. McCarthy was a member of Faith Council No.

11, C. W. B. L. Sister St.

Benedict. (Speoial to the Eagle.) Sag Harbor. L. I. December 9 A.

solemn requiem mass was said to-day over the remains of Sister St. Benedict, who died at the Convent of the Sacred Heart of Mary, in this place, on Tuesday. Burial in the cemetery on too convent grounds followed Immediately after the service. Jane Cotter Vallette. Jane Cotter, widow of John H.

Vallette, died Tuesday at the residence of her son, 98 East Eighteenth street, Flatbush. The Interment will be at Stamford. Conn. Deceased was born at Boston, In 1830; had lived in Brooklyn for thirty-five years and was an old member of St. Paul's P.

E. Church. She leaves two ions, Percy C. and Thomas F. Vallette.

Mary C. Arkwright. Mary Cornelia Dougherty, wife of Charles Arkwright, died Monday in the Bethany Deaconess' Hospitl. Her home was at 217 Halsey street. She was born In Brooklyn, June 4, 1875, and was the daughter of Jacob Henry and Mary Ella Dougherty, and was a member of Embury M.

E. Church. She is survived by her husband, her parents, a brother, William H. Dougherty and two children. Sarah Jane Rogers.

Sarah Jane Green, widow of Nicholas J. Rogers, died at her residence, 1360 poration which was dissolved, but that new board of managers of the school were acquainted wlh the facts they Immediately took action. New fire hose will be immediately purchased and ordors were given to remove the wire netting on the windows. It Is understood that the Investigation revealed the fact that on each floor there was a vent connecting with a standplpe, to be used In the case of fire. But connecting with this vent was only 25 feet of 2-inch hose, which was in such a rotten condition that it could not stand a five-pound pressure of the water supply-Hose Burst as Soon as Tested.

The hose was tested lu fact, and when the water was only partly turned on it immediately burnt. A similar condition was revealed when the investigators tested the 500 feet of hose which is connected wilh a stantlpipo in the yard of the school. That hoso was in just as poor a condition as the hoso on the three floors of the building. Particular attention was paid by the Investigators to the wire netting on the windows which was placed there to prevent boys from taking "French leave" ot the institution. After the tests revealed the condition of the hose tho investigators Immediately realized that if a fire ever broke out the inmates would be trapped in the building like so many rats.

Exit by the stairs would practically be impossible and the wire netting would prevent the boys from getting out of the windows. New Board of Managers Acts Promptly. This condition of affairs was immediately communicated by the Commissioners of Accounts to the new board of managers. In fuel, they considered the situation so serious that they took up the matter with the managers beforo they reported to the Mayor. They pointed out that If a tire ever occurred in the institution the responsibility would rest on the members of the new board.

As soon as these facts were communicated to the board, the Individual members got Into communication with each other by telephone and Bteps were promptly taken to minimize the danger. The new superintendent, Mr. Brophy, was Instructed to buy new hose Immediately. Fifty feet will be connected with the veins or the standplpe on each of the three floors of the Institution. Three hundred feet will be utilized in the case of an emergency with the fire plug in tho yard of the Institution.

The managers also ordered Mr. Brophy to remove all it has grown in strength and is now unlimited In Its power to set the price of milk to the consumer. FOOTBALL IS NOT DEAD It is further claimed that the board of the Consolidated Milk Exchange and its members held serret meetings at the former office of the Milk Exchange, Lim IN THE PUBLIC ited, Harrison street, Manhattan, from the time of the incornoratlon down to gave tho dates of these conversations. Among those to whom he spoke nas Richard Whalley. tu whom ho told of this conversation eighteen months ago.

the present time: that the Consolidated Milk Exchange does not buy or sell milk, but merely acts as a medium for fixing the price to be paid by the members to the producers for milk and the price at Scale Expert Miller Says Lever Was which It is to be sold to the public. The But Rules Must Be Amended to Eliminate Probability of Injuries. petition claims these prices are fixed arbitrarily by the exchange, and that violation of them subjects the members to a penalty of forfeiture at the hands of the The fight with Leader Murphy and the fact that the mayor realized that he would not be renominated, it is understood, is one of tho principal reasons why he placed every position In his offlro under the protection of the Civil Service rules. Mayor McClellan first started in the with the executive clerks. They were always in the exempt class.

Under a strict interpretation of the law they should have remained in that class, but the mayor Instructed his Civil Service Commission to put them in the competitive class. This was followed by further Instruction from the mayor to put the chief clerk and bond and warrant clerk In tho competitive class. The latter has always been considered a confidential position, because the incumbent signs all city warrants In the name of the mayor, and It was always Intended that the new mayor should have the personal seleotlon of his own appointee to perform this important duty. But Mayor McClellan was not satisfied with this. He Insisted on placing In the competitive class the chief and all tho deputies in the bureau of licenses.

The only positions which remained then In the exempt class were those of secretary and executive secretary. Under the law the mayor could not place the position of secretary In the competitive class, because each head of a department is entitled to name his own appointee; but there was nothing to prevent him from placing Mr. Willis, the executive secretary, under the protoction of Civil Service. Mr. Willis at the tlmo was the Intimate personal friend of the mayor.

The idea of putting his position in the competitive class was to transfer him, during the last month of the present administration, to a similar position and at the same salary In the Board of Water Supply. The scheme would have been carried out, if Mr. Willis had been successful in maintaining his friendly relations with the mayor. The reason has never been explained, but it is a matter of common gossip at the City Hal! that the mayor does not talk to Mr. Willis, except on official occasions.

Frank O'Brien, the secretary io the mayor, is In a similar situation. It is even said that neither Mr. O'Brien nor Mr. Willis are permitted to open the official mail which comes to the mayor's office. All the correspondence is taken SULLIVAN BLAMES MAXWELL exchange.

The petition declares that such conduct was declared illegal in the case of the Milk Exchange, Limited, and that the Consolidated Milk Exchange should therefore be dissolved under Article 22, Chapter 20 of the consolidated tion sent to the board for a reconsideration of yesterday's edict. "As a matter of fact, the new rules will practically provide for a new game, If the sponsors are wise. It would certainly cause great disappointment Bhoui'l football, the game that Is so popular, be absolutely abolished, and I do not believe that any other game can take it3 place. My study of the situation has lei me to believe that there are far less accidents In the schools than there are at colleges, and we in Brooklyn, from a standpoint of Injuries, have no cause 'or great complaint." Resolution Would Be Reconsidered if Game Is Made Safe. Is speaking of the action of the board yesterday, President Edgerton L.

Wln-throp this morning stated that he, for one, was not set agalnBt football. "If foolball rules are so amended," said he, "to make the game appear safer, I have do doubt that It would be again allowed in our schools, and I believe that the board of education will only be too glad to reconsider Its action." James E. Sullivan, the lone advocate at yesterday's meeting, said that he was completely surprised at the outcome. "1 had been assured by President Win-throp that the matter would be laid over, without a doubt. He told me that less than half an hour before the conclave.

Others assured me. to the same effect, but there was venom apparent which changed the situation completely. It was unquestionably a one-man fight, to my mind, and that man waB Dr. Maxwell." Shorter on Sugar Trust Scales Than on Others. With regard to his removal from weighing on the cargo over which he had dilfl-cully with Bendernngel, Hornby testified that the weigher in charge of tho district was Archibald Edmundstone, and his foreman was George Baldwin.

They had authority to remove the witness. Edmundstone was removed by Collector Loeb and Baldwin is dead. Harvey E. Miller, scale expert of lh Fairbanks Scale Company, gave technical evidence with regard lo lie scale on hn Havemeyer it Elder (scales, which he had' viiJited with Richard Parr. The lever of tluMe scales differed from the ordinary' Scales, as the lever was shorter.

On cross-examination by Henry f. Putnam avenue, yesterday of pneumonia. She was born in Manhattan In 1830. and her husband died during the Civil War. She leaves two daughters, Mrs.

John Hielbeck and Mrs. Charles E. Callen. Representative of Athletics Was, However, Alone in Advocacy of Retention of Game. laws of the State of New York.

In the petition it is further claimed that the members of the several corporations constituting the Milk Exchange hove a complete monopoly of the milk business In Manhattan and Brooklyn and covered 80 percent, of the milk sold in this city: also that they set the price to be paid for the milk, and that the Increased selling price of milk Is not Justified by the price at which they buy the upstate product. It is charged that the different companies have entered into, or intend to enter into, an agreement to further advance the price of milk to 10 cents a quart to consumers in New York City and its vicinity, which price is unreasonable and unjustified. i oenrnno, tlie. witness saul he did hoc 'know how old the seales but the the wire netting from the windows. The members concluded they would rather take a chance of the boyB escaping from the institution than hove the wire netting penning them In case a fire occurred.

The abolition of football In the schools of Greater New York, as ordered by a resolution adopted by the members of tho Board of Education yesterday, struck consternation into the camp of those who favor the tall pastime and who had no idea that such drastic action would be taken, mainly because It was Known that the schoolboys themselves wished to continue the game, and also because it was expected that the rules would shortly be modified to eliminate danger. The action of the board was final, but there are those who to-day maintain that next fall football will be drawing the usual crowds, and that the game is by no COURT WORK DELAYED. JESSIE MC ALLISTER TO LEAVE Brooklyn Actress Gets Engagement in a Company Which Is to Open in Chicago, January 3. RED TIE IS CAUSE OF ROW may have been twelve to fifteen years old. Companies, he said, sometimes have scales changed lo suit their purposes.

To Mr. Lexow the witness said that scale manufacturers seek to improvi sca.les and to make them more sensitive. They believe that the scales made to-, day are belter than Iho old ones, but tho accuracy of each scale must be determined by itself. Sands Saw Bendernagel Pay Moneys to Inspectors Without Taking Vouchers. Howard B.

Sands, now secretary to Supreme Court Justice Bischoi'f, formerly a clerk in .1. F. Bendernagel's office, testified to having seen Bendernagel pay money to customs Inspectors on various occasions, without taking vouchers. fi care of by Assistant Corporation Counsel Gates Avenue District Being Supplied From Queens Since Magistrate Furlong Will Not Sit. Crowell, who wears the yellow Jacket at the present time.

This break between the mayor and Mr. Brilliant Neckwear Starts Trouble at Lodge Dance. means dead In the schools. There is con Jessie McAllister end her husband, Ben F. Wilson, now playing at the Gotham Theater, have been engaged for the com Willis is the reason why the executive secretary has not been transferred to the OBITUARY NOTES.

Margaret Kerney, wife nf Jams Douler, died Tuesday at her home. 462 Sackett street. Bho waa a native of Ireiani and leaves her husband, a sun. and a daughter, Edward Shetler dIM Monday at his home, 61 Stockton street. Ho was born In Manhattan, February 14, 1R8L lived In the Twenty-first Ward twenty-five years, was a member of Excelsior Council, Jr.

O. U. A. and waa a watchman In the Brooklyn Fire Department. He leaves a widow.

Ellen, and a daughter, Edna. Timothy Cohalan, father of Daniel F. Cohalan, grand sachem of Tammany Hall, and of Surrogate John P. Cohalan of Manhattan, died yesterday at his home, 1000 St, Nicholas avenue, Manhattan. He was born in LiMIvane, County Cork, Ireland, January 1, 1S3.1, and leaves a widow and flvn eons and two daughters.

Wlllet Seaman, a retired wholesale grocer of Manhattan, whoso store was at Twenty-ninth street and Fourth avenue, in that borough, bntil he retired thirty years ago, died Tuesday in his 90th year, at a private sanitarium in Fordham. N. and leaves a s-m and a daughter. He came of Quaker stock and was burn In New York City In 1S20. Susan Maria, wife of Paymaster General Edwin Stewart.

U. S. retired, died yesterday at the home of Rear Admiral Dunlap. where she was visiting. Her death was paused by acute Indigestion.

Her home was at South Orange. N. and she leaves her husband, three rons and four sisters. Emily A. Lawrence, widow of Cyrus R.

T.Awrenee and daughter of the tete Richard M. Hoe. died yesterday at her apartments in the Apthorp. Bn adwav and Seventy-ninth street, Manhattan, aged 76 years. Franklin P.

Perkins, president of the village of Port Chester. N. died yesterday at a sanitarium In Stamford. aged SO years. He leaves a widow and four children.

Whltcnmb L. Judcon. the inventor of a compressed air propelled car and other devices of a similar kind, died yesterday In Muskegon. to which he had removed three years ago from New York. He was 83 years old.

William R. DePuy. a leading lawyer of North Dakota, died yesterday in Grafton. X. Y.

He was aged 64 years and was the eon of the late Rev. Dr. William H. DePuy of New York. siderable feeling manifest over the result, and the advocates of football are trying to catch their breath before adopting measures to restore tho game.

Accusations Board of Water Supply. Mr. Willis will pany which Messrs. Wagenhals and Kempner are sending to Chicago to open January 3. Miss McAllister's entire theatrical career has have to take his chances with Mayor-elect Gaynor.

The incoming mayor, it is Man Tells Court That He Resented "Kidding" and Someone Hit Him With Iron Pipe. Persons with business to transact in the Gates avenue police court are hoping Magistrate Furlong will be given a trial in the near future or seme arrangement will be made by the Board of Magistrates whereby business may be transacted with more dispatch. Magistrates from Quceno have been sitting in the court much of are flying around, and some there are who understood, will select his own secretaries, and In order to carry out this idea been spent In Brooklyn. In speaking of On cross examination by Mr. Beattio claim to Bee in the move nothing but an closing her encneement at the r.otham the witness said he had not mentioned he will have no other alternative but to abolish the position now held by Mr.

Willis, if the latter does not consent to resign. attempt of Dr. William H. Maxwell to prove his complete dominance in school matters, even so far as athletics are concerned. The only man to advocate delay in the Miss McAIIster, who formerly played with! tllc't to Mr.

Denison before giving 4U evidence previously. the Spooner stock company and later at am llor ncn, as a willlng-he Crescent Theater, said: is with sal(1 Mr. Sa(is. Tlle assistant the deepest regret tint. I am leaving United States district attorney ques-Brooklyn, where I have been so hippy andjtlollc(l me about these matters and I told so well received.

I feel that I belong to nim i woul(1 nnSRer questions on tho the people of Brooklyn, but I want to say i stand, but would give no information be-that no matter where I go I shall ever forehand." matter and to put up a fight at the meet ing yesterday was Jame3 E. Sullivan. To the regret of many football admirers he Is said to have spoiled what chances there feel for the people of Brooklyn the deep-, h. H. Falkenstein.

who from April, were of saving the game by adopting language too strong, anc which unquestionably lost him support at the meeting. It was a surprise to Mr. Sullivan to find cai juve turn uevoiion nna will continue to cull myself a Brooklyn girl." THE COURTS. himself waging single-handed a battle for football. He at least expected some support, and there is no question bu' that the absence of General Wingate on a MARRIAGE LICENSES the time since Magistrate Furlong announced he would not transact any more court business until cleared of the charges made against him.

Magistrate Gllroy has preuided all this month. Monday word came from Rockaway that he was ill at his home. After much telephoning a magistrate was found and court opened about 11 o'clock. Magistrate Dooley. after disposing of a large calendar in the Adams street court, has consented to dispose of the cases in the Gates avenue court.

Tuesday, Magistrate Gilroy appeared and conducted court as usual. Yesterday, news came from Rock-away that he was again ill and Magistrate N'ash consented to visit the court. Ho arrived about 10:30 o'clock after he had disposed of matters in the Flatbush court. Magistrate John Naumer presided in the Gates avenue court to-day. When he hoard of the Illness of Magistrate Gilroy he visited the Gates avenue court before going to (he Myrtle avenue court and conducted the business of the court.

Who will preside to-morrow is a matter yet to he determined. There is no inclination to criticise Magistrate Furlong by those who have dealings with this court. There Is a feeling, however, that some arrangements ought to be made whereby the Gates avenue court could be opened promptly at 9 o'clock each morning. A red necktie upset things at the annual ball of Cherubin Lodge of Odd Fellows, held last night in Sumner Hall, Fulton street, near Sumner avenue, and was primarily the cause of landing one man in a physician's hands and two others in a station house cell. Ransom Bennett, a negro living at 426 Waverly avenue, told all about the affair in the Gates avenue court to-day, when he appeared there to press a charge of felonious assault against August Thompson, 22 years old, of 150 Wyckoff avenue, and William 21 years old, of 9l Utica avenue, both negroes.

Bennett said he went to the ball with a red necktie, the same that he wore is court, and some of the young men began to comment on it. He told them, he sold, they would "get fat kidding him," and right after that there was a general mixup. Miller, he said, had struck him over the head with a bottle, and Thompson had wielded a piece of iron pipe. This, he said, happened Just outside the hall. Both the alleged assailants then ran away.

Bennett chased them for a block, when Patrolman Dinsilbacher of the Atlantic avenue station came up and arrested the pair. Bennett is in danger of losing an eye. The accused pleaded not guilty In court; and were held in $1,500 ball for examination, December 16. shooting trip had its effect, for the president of the Public Schools Athletic "FAUST" AT THE MANHATTAN. Gounod's "Faust" was given a fine revival at the Manhattan Opera House last night with a cast that included Dalraores in the title role, Mary Garden as Marguerite, Vallier as Mephlsto, Dufranne as Valentine, Villa as Wagner.

Mile. Vici-rino as Siebel and Mme. Duchene as Martha. The chief interest centered In Miss Garden's role of Marguerite, and she surpassed the expectations of most of her critics by giving a dignified, yet girlish and sweet, portrayal of the part with intensity at the proper moments, together with vocal work that. If not of high quality, was beautiful throughout and at times nearly perfect.

She sang the jewel song modestly and without any flourishes of action to detract from the beauty of Its music, but her voice did not quite reach the highest tonal requirements of the opera. In the priRon scene, however, Miss Garden was inspiring, and her voice was at Its very best. She received a great deal of well-merited applause during the performance and shared her curtain calls with Dal- a VnlltA. ndmnroa CTaunr. League is a known advocate and admlre- 1897.

to May, lSJtS, was in OHvor Spitzcr's, department, and for ten years in hi3 oftVft, testified that he was chief dodc clerk. The witness said: "The first checker on turn would sent out. If he was cheeking a city or government weigher, he would get a pinlc book. If Kehoe, Coyle, Boyle. Hennessey, Voelker or Halligan were idle, they would be sent out to check government weighers, even if some other checker was ahead of them In turn.

Returns made by checkers on the city weighers and returns from checkers on government weighers would be checked up and then sent to Bendernagel's office. "If there were both city weighers ami government weighers engaged on a cargo, both returns would be sent, up to Bendernagel. In the landed weight cargoes only the city weighers' returns were sent up, but when it was an invoice cargo the government weights were' of the gridiron pastime. General Wingate two days ago had no idea tnat the matter SirpRKMlS COURT, SPECIAL TERM TRIALS. Day calendar, December I Samuel T.

aiad-dx. Part KredcTk-k JO. Crane, l-'urt 2. Murphy vs. Morrlssy.

4331.. Construction Material and Coal Company vs. Oraee Court Construction Company. 43.17.. Malafsky vs.

Klein. 4345.. Htbuon Co. vs. Hymen.

Stark vs. Hempelnmn. vs. Cunroy. 4142..

Herb vs. Herb. vs. Kaplan. WUehinsky vs.

Honjamln. 4L'H6. vg. KuMnowiU. vs.

UonurBlnger. 37'Ji). IVftler vh. Marcus. vs.

Mendelsun, 4102. v. Kurtzinan. 4100. vs.

'unninuliam. would be permanently disposed of yesterday. Mr. Sullivan claims that not only was he ridden over rough-shod, and that the subject was one for consideration by experts on the, game rather than educational giants, but that those who took the action did not understand the subject and that the game they condemned is not that that is played. The resolution abolishes "American or College mures aim va.m..

m. aroused considerable enthusiasm, for he- Rugby football," whereas the game played is University or College football. Tech nically, therefore, it is claimed, the TRAIN HIT STAGE. VOEGEL'S SMILE IS BROAD. Queens Bureau of Elections Clerk Is Head of His Fire Department Wow.

WllllamsburKh Trust Co. va. Ranken, 4US7. vs. HradKate.

vs. Van Jderstine, vs. Rnvl. 4321. McGrath.

4305. vs. Daly. 4306. vs.

Kum. vs. N. E. R.

R. Co. 4233.. Hlrd vs. Bteffens Trucking Co.

2739. Watson vs. Kulllvan. Michel vs. Michel.

SUPREME TERM Day aj. endar, December 10 1H09 Part I Dickey, Part, II, Tompkins. Part HI. Kelly. Part IV.

Stapleton. Part Asplnall. Part VI. Maivan. J.

Part VII, Clark. J. vs. Webli. A.uiifoyle vs.

McCarthy, 2321.. 'a Johns Manvilio Co. K77 IjinJwlRfl vs. HlerlitiK Piano Co. 6114.

vs. Kiiplau. 5305.. I vy vs. Parnard.

vs. Hudson and Manhattan R. R. Horaky vs. National I-ad Cu.

vs. KdUlns. vs. Ialr (V. va Clark? Co vs.

V. C. II. R. R.

R. TL'fio. vs. Adler. vs.

Isham. vs. Waldrnn. vs. Jenkins.

Jr. Driver Thrown Off and Quite Seriously Injured at While driving a stage across the Long Island Railroad tracks at Cherry avenue, Springfield, this morning William Kinney, 50 years old, was hit by a west bound train and sustained painful wounds on the bead aud body. Ho was cared for by Ambulance Surgeon Klrby of St. Mary's Hospital and re. Ithe realty market! oooo OOOO OCOO COOO OOGOOOOO Going Up in Westchester County.

One of thp oM-tinie charitable institutions in New York, which for sixty years' has cared for children of the poor the heart of the East Siile. la to continue its work in the rural part of Westchester County. This is the Five Points House ot Industry, which long occupied a building in Worth street, near Center-street. Tile Children's Aid Society took, that structure for school purposes twa years apo. Through the Douglas Robinson, Charles S.

Browu Company, the institution has now- Issued in Brooklyn for Twenty-four Hours Ended at Noon To-day. Nicholas Wahl, 70 years, 27 Hamhurg av. and Anna M. Huck, 45 years. 27 Hamburg av.

Max Rosen. 23 years. 91 Hopkins st, and Seba Perlowitz. 20 years. 91 Hopkins st.

Vlncenzo Giardiello. 24 years. 2026 Atlantic av. and Felicia Mangino. 18 years, 2430 Pacific st.

James A. Ward. 5e years. 196 South Eighth st, and Jane Miller, 45 years, 903 Myrtle av. David Sehweizer, 23 years, 72 Green st, and Jennie Whalen.

18 years. 155 North Seventh street. Silvio Porcelli. 29 years. 2729 Fort Hamilton av.

and Maria Ksposito. -23 years, 2729 Fort Hamilton av. John White, 25 years. Waldwlok, N. J.

and Lillian H. Parry, 19 years. 198 Hull st. Hassan Binkadln, 29 years, 243 South First st. and Rachel 24 years, 243 South First st.

Oscar Nordln. 26 years, 393 Bfrgen st. and Emmy W. Persson. 22 years.

399 Fourth st. August Smith, 28 years. 258 Nichols av, and Florence L. Davis, 21 years. Sackman street.

Harry Schwartz, 29 years. 237 Hart st. and Rose Kathanson. 22 years, ICS South Second street. Jacob Block.

23 years. 231 Dumont av. and Pease Ksliin, 20 years. 376 ockavay av. George J.

Schilling. 24 years. 184 South Portland av. and Lucy Schmell. 21 years, 2110 Cornelia st.

John T. 4 years, 71 Rapelje st, and JosetTa Eyenson, 3y years, 71 Kapelje st. Lazar N'ovogrodzky. 22 years, 175 Mlddleton st. and Sophie Rafternian.

20 years. 409 Bushwlck av. William Steinwssser. 27 years, 1045 Bushwlck av. and Frida Bauevle.

21 years. 294 Stockholm st, Joseph E. Ahrams. 21 years. 681 Myrtle av, and Ruth Nelson.

18 years. fa98 Flushing av. George F. Armstrong. 34 years, 434 East One Hundred and Forty-eighth st, Bronx and F.ltiaheth C.

Meigenthaler. 29 years, SSI Broadway. Paul Fox. 34 years. 1720 East Fourteenth st.

and Emma M. Owen. 23 years. 1305 Kings Highway. Courtenav T.

Stokes. 23 years, 267 Winthrbp st. and Lillle G. McVeigh. 21 years, 231 East Fifth St.

Jacob Armendlnger. 34 years. 188 Jefferson st, and Josephine Gembs, 30 years, 1197 Gates av. Robert W. Philips.

23 years. 1S5 Jerome st. and Agnes J. Connolly. 23 years, 7S3 Coney Island avenue.

Tenny C. Tennyson. 23 years. Dunton. L.

and Mary I. NelBon. 23 yearB, 1032 Bedford av. Henry Task. 27 years.

255 West Twenty-thIM st. Manhattan, and Magurlte Franck, 22 years. 2649 Bedford av. Berel Bogdanof, 21 years. 45 Watklns st.

and Rose Kelugold, 19 years. 373 Sackman st. moved there for further treatment. He will recover. The stage was almost completely wrecKea.

acquired by purchase from the Fox Realty vs. Orace Court co. Trust Co, Company a fifty-eight acre tract, part of the old Sheltering Arms property, on th' White Plains road, two miles norih of the village of White Plains, and adjoin Schroder, Carl Voegel, chief clerk of the Bureau of Elections in Queens Borough, came to his office in Long Island City smiling this morning over the victory which he won In the fire department election held in his home village of Queens last night. For the fourth time he was a candidate for chief of the volunteers. He was opposed by William Weeks, one of the prominent and wealthy residents of the district.

The election was held In the house of the Queens Hook and Ladder Company. When the votes were counted It was found that Mr. Voegel had received 45 while his opponent, Mr. Weeks, had received 8. The chief has the appointment ot his assistants, and after the election Voegel announced that he would name John Colli-son of the Queens Hose Company as first assistant and Charles E.

Husson of the Hook and Ladder Company as second NEAR DEATH IN MACHINERY, John Brosky Was Cut About the Head, Back and Chest, and His Clothes Slashed in Shreds. et al. vs. Grant. 7110.

vs. Morrison. vs. Sonnenstrahl. 7038..

De Orod Hurtn. 7023.. Cohen va Pass Gross vs. U. II.

R. Tt. HiKhest number reached on regular call, 2300. sang witn great aisuncuon ucicu lover delightfully. Valuer's Mephlsto was impressive in costume, stage presence and acting, but his singing would have been much better If his voice had been under more positive control.

De La Fuente was the conductor, and brought out an ovation for the Marguerite waltz. The chorus was impressive, both numerically and vocally. The opera was sung In French. NOKDICA AS ISOLDE. To those last night at the Metropolitan Opera House who had seen Lillian Nordics in the heyday of her musical power as Isolde in Wagner's music drama there might have been a recollection of other times, when her voice responded more easily to the demand upon it of her almost perfect art, but to those, and there were undoubtedly many in that great audience last night, hearing her to' the first time, the thrill of her singing made her return to the fold of the Metropolitan's forces quite worth whiie.

Truly it was a great personal triumph for the prima donna. Floral gifts enough to have filled a large room attested the friendliness of the audience, which gave enthusiastic approval thereto, when the famous soprano brought before the curtain Toscanini and hung about him a huge wreath, part of the tributes that Dasscd across the footlights. Called before the curtain dozens of times during the evening, Mme. Nordlca had visib.e proof that her hold on the affections of a great opera-going public had in no way been abated, but, if that were possible, increased with the passing of the "Tristan und Isolde" was produce! last night with all the pomp and circum-stauce that has always attended Its appearance on the Metropolitan Opera House stage. Tosc'aninl's baton was Inspired and Mme.

Nordica's associates in the cast were all that could be desired by the most exacting lover of Wagner. Louise Homer'B Brangaene lent distinction to that artist's already fixed reputation, and Burrian as Tristan needs no comment it has already passed Into history as one of his best achievements. The others In the ca ranked well with the three principal singers, and the en-tiro nrnduction last night was a triumph game has not been abolished. At the Brooklyn schools there Is not apparent the hopelessness regarding the future of football that one might Imagine following so drastic an action. Walter B.

Gunnison, the principal of Erasmus Hall High School, this morning said: Rules Must Be Amended to Eliminate Danger. "The action of the board was not a complete surprise to me. It was only natural that the hue and cry should have made an Impression on the members. The fact that, technically speaking, the wrong game was abolished will certainly not cause any principal1 to maintain a team in a school. Personally, I believe in football, and I may say that I do not believe it is dead in New York schools.

It is my opinion that the rules will be so amended as to eliminate much or all of the danger, and for one, would be perfectly willing to ask a reconsideration of yesterday's proclamation, providing that the rules committee gives us a chance. I have no doubt that the board realized Just what it was doing, but we have a whole year in which to get our bearings, and I look for a far more rosy result than appears likely just now." Dr. Sullivan Hopes fcr Practically New Football. In much the same vein Dr. Sullivan of the Boys High School expressed his opinion.

"I am sorry," said he, "that yesterdays action was so decisive. I had an idea, however, that some radical opinion would be expressed, because two days before Thanksgiving, at a meeting of the high school committee, but one vote was in favor of football. "Since the members of that committee are all on the board that yesterday dropped football, I was not aghast at the action. As for the future of the game I believe Drs. Hartley and Elliott, of Yale and Harvard, are taking the proper course in regard to modifying the game, and I furthermore believe that the rules wHl be acceptable to all but-the badly prejudiced.

If this programme Is carried out, I for one shall seek out iny fellow -principals and ask to have a peti John Brosky, 20 years old, of 819 First avenue, Manhattan, employed In the United Dressed Beef Company's plant at 778 First avenue, had a narrow escape with his life this morning. Brosky was standing near a cutting machine when his clothing got caught in the revolving machinery and he was being dragged to an almost certain death when a fellow laborer passing shut off the power. As it Is, Brosky received cuts and ing the grounds of the Knollwood Country Club. The plans of William Church Oshom, president of both institutions, and of the trustees are to build a colony of cottages, with a large central administration building. Each cottage will accommodate twenty-five children.

Sale of Large Jamaica Tract. The Thomas L. Reynolds Company hai sold for Davis Jnffee to the Corn Exchange Realty Company a tract of 137 lots with a large frontage on New York avenue, Jamaica. Opens Heal Estate Office. Frederick W.

Dix. formerly of Colson Dix, and who was connected with the office of James L. Hrumley. the appraisnr and auctioneer, in the Real Estate Exchange for twelve yefirs, has opened a new office at HG Woodruff avenue for a gen oral brokerage business, with special attention to properties in Flatbush. abrasions of the scalp and back and chest, and his clothes were slashed almost In shreds.

An ambulance from the Flower Hospital was summoned and Dr. Brewster REFEKEES APPOINTED. IiY RTjACKMAK. J. Nieustedt vs.

Grndn ft al, Henry B. Ketch-am; Lawyers MortKHKo Co. vs. Chariot, William II. Wadhams: sun-? vh.

Unde et al; same vs. CamnnUila. William H. Wadhams; same vg' Parkway Heights R. E.

et al; Kal-tenbach vs. Hermans 't al. Llewellyn A. May; Wright vs. Van de Water, Grant Ester-brook; Snedeker vs.

Ft tall. Horatio C. KIiik; Graeber vs. Kriete. Reuben Haskell; Weed vs.

Peter et al, Crowley Wentworth; Longo vs Clccone. Jameg c. PanJin Everlt vs. Gabrtelll et al. Charles F.

Kunkel; Adler vs. Ginsberg et al. Eugene F. O'Connor. Mlnaldi vs.

Mlnaldi. Jay S. Jems; SpJro vs. Throt, Warren I. I.ee.

Hy Hlockmar, J. Spina vs. Throt et Warren I. Lee; Holmes vs. Church.

Charles H. Mac) In; Pulley vs. McLaufshMn, Frederick S. Fisher; Hoth vs. Epstein, Charles H.

Mac-lln; Rothman vs. Kaufman, Wallace N. Vree-laml; Horn va. Callahan, Charles Harwood Stewart. vs.

Bernstein. I umintc Griffin; Pakelaar' vs, Salem Realty Charles Harwood; Heele vs. Seward, Warren I. Lee; matter of Keegan. Crowley Wentworth; Baur-hyte vs.

Doherty, Lmiis .1, CorrutUers; matter i.r Hemlock street. John M. urn. By Marfan. J.

Rooney va. IHtrgerald, Sanders Shanka, BY. MAPnOX. J. Fal)ert vs.

Kallert Adolph Vanreln, RY KELLY. J. LurU vj. Hoffman, Eugene O'Connor. removed him to that Institution.

HELD ON ASSAULT CHARGE. John Kenny, 21 years old, who lives with his mother on Bath avenue, Bath Beach, was held this morning In $500 bonds by Magistrate Voorhees in Coney Island Court on a charge of The young man is accused of assaulting Joseph Kerrigan of 113 Bay Eleventh street. The latter had several witnesses who said they saw the assault committed. Former Judge Fiemerly, who appeared for Kerrigan said the accused should be held for trial and the case was sent to the Court of Special Sessions. THEEE DIED ON VOYAGE.

Three Bmall children, passengers In the second cabin of the steamer Carmanla, which arrived to-day, died during the steamer's voyage here from Flume, Naples and Gibraltar. Th were buried INSANE MAN KILLS SHERIFF. Shreve, December 9 A posse is in pursuit of O. E. Boloy, a gardener, who created a reign of terror at Big Prairie, last night, and to-da shot and killed Sheriff Jacob Bell.

Boley escaped from the Mflssillon State Hospital yesterday. MAC CRATE TALKS TO HEBREWS. John MacCrate. the Republican candidate for senator in the Seventh District, spoke before the Greenpoint Hebrew Civic Club last night. The candidate referred to some of the measures which will probably come before the next Legislature, mong which were primary and ballot reform, control of public corporations, the new charter for New York City, and the mployera liUIJUr mtv rj NOKTHP0ET OSuER OF EAGLES.

(Special to the Eagle.) Albany, December 9 The Sound Shorn Aerie, No. 1815, Fraternal Order of Eagles, of Northport, has been incorporated with the secretary of state, will the following trustees: John iM. Dunn. Carl B. Smith and Lee C.

Johnson Nortlror Last night he attended prayer meeting at the Methodist Church, sitting in the congregation with a shotgun standing be tweeu tits knees. ilor the company and management. 1.