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

HE, THE BROOKLYN DAILY EAGLE Credit Coupon CUT THIS OUT. DECKMBEIl 14. FOli O'CLOCK. Yolo me 71. Ko.

343 NEW YORK CITY. WEDNESDAY. DECE3IBER 14. 1910. 2G PAGES.

THREE CENTS. E. V. W. ROSSITER.

I.OCAI, WEATHER PROBABILITIES. Partly rlonilr to-nljKbt and Tliam-dn-( moderate to brink westerly PEACE PUZZLE. WHEN universal peace has been secured through the new Carnegie fund, will there be enough change WIDOW WILL BECEIVE i THE ROSSITER FORTUNE MAY CONTEST FOX WILL: FIST COUSIN, IGNORED, TALKS OF A Li SUIT I TO BE PAID IN FULL Iff vSV VA 2 If T. j' 1 3 1 'I it S- 3w left to settle th feud between Mayor Gay nor and the Brooklyn Boards of Trade over the subway question; mates of Judge Fox's deceased sister, Mary E. Fox.

As the sister grew older her girlhood friends dropped aside one by one, but these three beneficiaries continued to be frequent visitors at the Fox home. James Flaherty will receive $5,000 because he is the son of John W. Flaherty, one of Judge Fox's old friends, now dead. The elder Mr. Flaherty was once a Democratic candidate for mayor of Brooklyn, and was an old-time politician of the Eastern District.

Dr. William E. Beardsley was the Fox family physician for years and will receive $5,000. The jewelry and silverware and other personal belongings in the old Fox home go to Mrs. Mary 8tray.

with the excep tion of some of the furniture that goes with the house to Mrs. Kane. Mrs. Stray is the wife of Joseph W. Stray, for years Judge Fox's secretary, who will recelvo $45,000.

Mrs. Stray's mother, Mrs. O'Reilly, was one of Judge Fox's first clients when he became a lawyer. TESTIMONIAL TO MB. FOX.

The Eagje has received the following letter: Editor The Brooklyn Daily Eagle: At the request of scores of men In this store these lines are written to pay a testimony respect to the memory of the late George L. Fox -for his splendid catnolleity in bequests in bis will. To the pessimist who believes the heart ot the world dead to an expression of kindness In an encircling warmth, this distribution of money Btands forever a denial. Yours respectfully. "CHARLES F.

SOUTHARD. "For Employes of A. D. Matthews' Sons." 115 KISSES AND A SQUEEZE Message Sent by Woman to Man She Says Assaulted Her. Letter Bore Date December 1 Alleged Assault Occurred Nov.

18. Flushing Judge Adjourns Case. In the Flushing police court to-day Mrs. Nancy Farrell ot Covert avenue, Ridgewood, 22 years old, and quite pretty, appeared against Philip Bruns of 71 Greenpolnt avenue, Brooklyn, a youth of her own age, whom charged with assaulting her. The alleftl assault occurred on November 18nd a warrant for Bruns' arrest was 'sworn out thai day, but reason- tbe cass did not come up until now.

Mrs. Farrell said Bruns bad annoyed her ever since her marriage, four years ago, and added that the assault of which she complained occurred at her borne, She told tne court she and Bruns had been Bweethearts once, but when she married another man be became a source of trouble to her. Bruns admitted being at Mrs. Farrell's house on November 18, but dented having assaulted her. He said he was there at her invitation, as he often had been during the past four years.

He showed Magistrate Connolly a letter, which, he said, was written htm on December 1 by Mrs. Farrell, the closing sentences of which were: "Love and lots of kisses; fifteen more, and a hundred more, and a squeeze. "Yours truly, NANCY." Mrs. Farrell was shown the letter, and admitted writing it, but said she hal to do so because she was afraid Bruns. Magistrate Connolly spoke very sharply to both Mrs.

Farrell and Bruns, and asked the former If her husband knew of Bruns alleged attack upon her. Her reply was that he did, but could not get away from business to take any action In the matter. "I guess he can get away on Sunday." said Judge Connolly, "and I want to talk with him about the case. Have him hero on Sunday. This hearing is adjourned until then." Bruns is said to be quite prominent in tne ureenpoint section of Brooklyn.

TO ADJOURN SATURDAY. Congress Feels That It Has Earned a Best on Account of Work Done. Eagle Bureau, 608 Fourteenth Street. Washington, December 14 It was reported in the lobbies of the House to-day that Congress will adjourn for the holidays on Saturday of this week. It had been intended to hold sessions until December 20, but the speed with whlrh they have transacted business up to tho present time makes tho members feel that they are entitled to an additional vacation of three days.

The speedy disposition of the rivers and harbors nnd the pension bills are cited ns proof that the House has done Its pre-vacatlon duty. Tho first session after tho holidays will be on January 3. TIBER RISES 21 FEET. Flood in Italy Threatens to Do Serious Damage, Rome, December 14 The heavy rainfall continued to-day and the flood situation In Northern Italy became more serious hourly too mom () Vt'llldM, Washington. December .14, 10 A.M.

Storm warning displayed the New England coant. Disturbance over Ontario, moving eastward. Will cause brisk to high southwest to west winds on the New England coast. COALITION HAW7 MAJORITY Results Continue to Show Very Few Changes. Captain Frederick Guest, Who Married Miss Phipps of Pittsburg, Recaptures Seat.

London, December 14 Tbe steadiness of the electorate, so marked since the polling began, was further emphasized at yesterday's elections, the returns from which were received to-day. The forty-three results show but two changes from the returns of last January. These In the Ashburton division of Devonshire, where the Unionist candidate, Captain E. F. Morrison-Bell, turned out the Liberal member, C.

R. Buxton, who bad defeated the captain In the preceding election: and In the west division of Flfeshire. where a straight fight between the Labor candidate. W. Adamson, and the silting Liberal member, J.

D. Hope, resulted In a victory for tho former. The' totals to-day were: Coalitionists, 528; Unionists. 251. The standing by parties was as follows: Government coalitionLiberals.

220; Irish Nationalists, 61; Independent Nationalists. Labor members, 38; total, 328. Opposition Unionists, 251; present coalition majority. 77. Captain Frederick Guest, whoso wife Is nr u.nn, of pm.hii recaptured the Liberal seat for the East division of Dorsetshire, from which ne was oustea Dy tne courts in -way last on the ground that the money expended to promote his election exceeded tbe limit set by law.

PROPERTY OWNERS PROTEST Settlers on Jamaica Bay Oppose Plans for Improvement. Discussion Before Colonel Russell at Army Building to Determine Harbor Lines. Dock Commissioner Totukips' plan for the improvement of Jamaica Bay were discussed this morning-at a hearing by the Harbor Line Board. Colonel William T. Russell, Corps of Engineers, presiding, held In the Army Building, Manhattan.

A deep water channel, seventeen miles long and 1,000 feet wide, to encircle the bay front, from Rockaway Point, and two canals, are Included in the plans. Objections were raised to the change in pier line, made necessary by the improvement, on the ground that the sewer system there would have to be changed at some expense. It was also pointed out, as suggested in Commissioner Tomkins' pluu for a canal that the city will have to face a condition like that at Gowanus Bar, a glaring example i ublic uui-Eance. Fred Reid of tbe Waterway League of Greater New York and Long Island pre sented tho grievances of property owners who have settled on the bay and have been told that the Improvements will take away their rigbts to the waterfront. He was told that the hearing was not for the purpose of determining the rights of property owners, but to decide on United States harbor lines.

The board will detlde what the harbor lines shall bo without any further hearings. Commissioner Tomkins will hold inquiries to determine the rights of property owners and the location of piers and bulkheads. TAFT SURPRISES P. 0. MEN Pays Unexpected Visit to Hitchcock's Office and Finds Force Busy.

President Receives Several Letters From Brooklyn on Judgeship Matter. Eagle Bureau, COS Fourteenth Street. Washington, December 14 At a quar ter past 6 last night 1'resident Taft walked to the Post. Office Department Building to pay a visit to the Postmaster tlenoral to find out, as Secretary Nor ton put It this mdrning, what Mr. Hitch cock's latest plan was for saving Uuele Sam some money.

Ho arrived at the Post Office Building at and found Mr. Hitchcock and corps of assistant still at work on economy methods. And we wercn tipped on tnat ne was coming either." Postmaster General Hitchcock remarked as heerctary Mortou concluded his story. It Is expected that the federal In spectors who are investigating the Brooklyn Post Office will conclude their work within a few days. Postmaster General Hitchcock said this morning that the recent visit to Washington or Post master Voorhies had nothing to do with the investigation.

In his mall this morning President Taft received several letters pertaining to the Brooklyn Judgeship. Most of them came from Brooklyn and were from Individuals who urged the President to appoint a Brooklyn man. Tho appointment may not be announced until next week. BOMB SCARE STIRS POLICE. There was a lot of excitement In tbe Clymer street police station early to-day.

Lieutenant Lyman, who was in charge of the desk, was informed by a much alarmed man that a biz buildins was about to be blown up. A detnll of policemen was hurried to the scene, hut Instead of a bomb they found a fire extin guisher. The scene of the alleged dlsas tpr waB on tne corner of Division avenue and Ross street. SAID SHE WAS LOTTIE GILSON. A woman, who said her "stage name had been Lottie Gilsou," but whoso real name now Is Mrs.

Salio de Neufuree, of 3710 Third avenue, the Bronx, was arraigned this morning on the clmrgo of Intoxication before Magistrate Herbert In tbe Morrlsanla police court. She admitted she bad taken one drink, and was let go with a reprimand. NEW ENGLISH EATTLESHIPS. London, December 14 Contracts were let to-day for the construction of the b.itileships provided for In the current year's nav.il programme. The specifications call for vessels of ii.OOO tons, having power.

I'loililn Itnnte tlnntle Const I.lne. Vain ius Trains Dallv: Palmetto loil. la i West fiMlm l.l.l." 10:18 A.M. V.w,t Line Mall." P.M. Bwy -Ail.

She Is to Get Estate That Amounts to More Than $1 ,000,000. REMEMBERS OLD SERVANT. Property Will Be Held for Children Until Death of Mother. Although the will of E. V.

W. Rossiter, vice president of the New York Central Railroad, intimate friend of the Vander- hilts and one of the best known railroad men in the United States, who died on Sunday, has not yet been filed for pro-bale, The Eagle is in a position thl3 afternoon to state what its provisions are. Tho document is very short. It covers about two typewritten pages and contain only six paragraphs. It will be filed with the Surrogate of Queens County, at Jamaica, within a few days, for probate.

The value of Mr. Rossiter'g estate is believed to be in the neighborhood of $1,000,000. It may possibly be a little more than that. The entire fortune, with the exception of a bequest to an old family retainer, is left to tho widow, who is now living iu Flushing, and who, before her marriage, was Miss Estrlle Hewlett of Great Neck, L. I.

It is to bo held In trust for her and at her death will be divided among the six children equally, share and share alike. They ore Edward Arthur Frank K. nnd Ernest T. Rossiter, sons, and Mary H. and Estelle R.

Titus, daughters. The executors and trustees of ths estate are the four sous. Negro Coachman Is Remembered. Mr. Rossiter did not forget his old negro coachman, London Holmes, who had grown gray in his service.

He is now 63 years old and had driven the Ros-siters for thiriv years. A' small sum of money is left to him. The great bulk of Mr. Rossiter's property consists of real estate and most of that Is In Flushing. He ascquired his first holdingn there many years ago and added to them little by little.

About one half of ihe real estate i3 improved property. What bonds and securities Mr. Rossiter may have left is not now known and will not. bo known until the will has been filed for probate, when Mr. Rossiter's Jock in the safe deposit vaults where he kept his deeds, will be opened- "Mr.

Rossiter did not leave a large fortune as fortunes go in these days," said a friend of the railroad man to-day. "The will does not place any value on his estate and 1 shall be surprised if It. amounts to $1,000,000, although possibly It may be more than that. It Is nn( known at tho present time Just where a 1 i the property is located. "The will vaa executed at Flushing two or three years ago and the witnesses were John W.

Weed of 63 William street, who was, Mr. Rossiter's lawyer: Warren S. Crane, friend, and Louis Bender, assistant treasurer of the New York Central Railroad. It will be filed by Mr. Weed.

Rossiter Was Generous Man. "During his life time Mr. Rossiter ws very generous and helped a great many persons substantially. He was a warden- In St. George's Episcopal Church an 1 chairman of the Railroad Young Men Christian Association.

He was very generous to both and was interested in all branches of the work of the Railroad Y. M. C. Mr. Rossiter died on Sundiy at hti home 23 Sandford avenue, Flushing, of apoplexy.

He had been in ill health for some time. He began his life as a railroad man in under the regime or Sam Sloan, president of the old Hudson River Railroad, and continued with It until Commodore Vanderbilt took him over to the New York and Harlem Railroad and afterward in the New York Central. For twenty years he was Ihe confidential financial adviser to the Vanderbilt interests, a valued friend of tho family am! a wise counsellor. It was once said of him, when tho query was put as to what tho Initials W. of his nama stood for that, it meant.

"Every Vanderbilt Wants Rossitor" and the answer was said to fit the situation exactly. "FLIP-FLAPS" CAUSED WOE Two Accused of Employing Boy Under Age. Frederick Mclntyro. a magazine and newspaper writer, and Dr. Julian P.

Thomas, the balloonist and automobil-ist. arrested last week charged with having violated section 4S5 of the penal law by permitting i child under aE perform In a moving picture show at, SP5 Fulton street, were held for th Court of Stircial Sessions, to-day by Chief Magistrate Kempner sitting in tha C.ates avenue court. The case promised to become very Interesting when Agents Molloy and Vivlnn of the Socle-, ty for the Prevention of Cruelty to Children, testified that Dr. Thomas had tried to settle the case with them and counsel for the defence asked tho agents if they had not been In a corner saloon. Both agents denied that they iiad been in a saloon and Dr.

Thomas later testified that he had merely asked, being ignorant of the law. If he could not pay the amount of the fines which would be exacted in court and thus avoid going tu court. Testimony showed that Dr. Thomas had bought the place for a friend, and that friend had left li on his hands and Mr. Mclntyro had been Invited over from Manhattan as the guest of the doctor and had no financial Interest In the business whatever.

Dr. Thomas said he had since sold the show and intimated that he did not contemplate buying another. Charles Cecere. 13 years old, a school-hoy living ot 74 Fulton street, introduced to the audience as "the" great European acrobat, on the night in question, testified that he could do fiip-llaps, but his parents were opposed to this end he "performed" without their know-ledge. Chandler Oakes, counsel for Dr.

Thomas and Melntyre, said he expected to "show up" somebody when the case reached the Court of Special Sessions, but declined to say who that somebody was. DROPPED DEAD IN CLUBHOUSE Walter Clough, an member of the Jefferson Dcmocratlc' of the Fifth Assembly District, lust nighli dropped', dead at the annual meeting of I he club, at 17'J Patehen avenue. AHhtugh 7:1 years of age, he appeared In remarkably good health, and was one of the liveliest of those present. At the conclusion of the election he wa3 called on for a speech and talked Interestingly. Suddenly he wns observed to waver, and though several went to hi" aid.

ho fell to the floor unconscious. Dr. Jayntj of the Uuslnvlck Hospital came with an ambulance, but Mr. Clough had In tho nieantlmo died, wUhout recovering consciousness. The remains wore taken to his home.

9li Jefferson avenue, and on-, (motion of District Leader James S. Regan, the wetlng wf- 1 cut ol Trustees Decide to Terminate the Voting Trust Immediately and Liquidate the Assets. STOCK CERTIFICATES READY. Diminishing Profits Have Lecffrjirec-tors to Believe Shareholders Will Benefit by Closing the I Institution, The Williamsburgh Trust Company is to be liquidated and all of its depositors are to be paid in full, according to a statement Issued at noon to-day by Jacob C. Kllnek, president of the company.

Accompanying the statement is a copy of an advertisement which will appear in this, afternoon's Issue of The Eagle, to the effect that the voting trust agreement Jacob Klinck. President of WIlliamBburRh Trust Company, Formerly Secretary of the Metropolitan Trust Company. with the Metropolitan Trust Company oi Manhattan, whereby the local trust com pany was able to resume business after the ssupension of tiro years ago, ha been terminated. Under the terms of the trust agreement, the trustees were entitled to ter mlnate it at any time. The original trustees were Brayton Ives, W-illiam N.

Dyk-raan and J. Edward Simmons. Mr. Simmons died a few months ago and the ex ercise of the right, to terminate the argument was made by the surviving trustees. About 80 per cent, of the stock of the Williamsburgh Trust Company was held In this voting trust, and now that it is terminated holders of the trust certificates are entitled to exchange them for certificates of stock In the Williamsburgh Trust Company.

These' certificates are now ready at the office of the Brooklyn Trust Company, with whom the stock under the option was deposited. It should be understood the stockholders will get back from the trust and from General Ives personally every share they put up. In commenting upon the purport of Yhe advertisement submitted for publication In to-day's paper Mr. Klinck said: Assets to Be Liquidated by the Metropolitan Trust Company. "General Ives has returned to the Williamsburgh Trust Company, for distribution, over 1,100 shares of capital stock transferred to him in May, 1908.

Yesterday General Ives and Mr. bykman, as voting trustees, terminated the voting trust agreement under which they held over five thousand shares of the capital stock, and arranged for the return ot these shares to tho holders who deposited tbem. The result of this Is to put every sareholder Just where he was before suspension. "To-day tho directors hnxo concluded an agreement with tho Metropolitan Trust Company whereby we borrow money enough to pay every depositor in full, iu cash, at once, and the assets of our company will be liquidated by the Metropolitan company between now and July 1, 1912, but under tho direction ot the men who compose the executive committee of the Williamsburgh company. This will prevent the waste or sacrifice of our assets.

"The agreement provides that the shareholders shall meet and pass upon the and also decide whether the Willlamsburgs Trust Company shall continue business, or ho dissolved. We have been forced to lay this question before the shareholders by diminishing and profits which have led the directors to believe that tho shareholders will be benefited by liquldalon. Last Report Showed That tho Deposits Hud Shrunk to $1,312,640. The Williamsburg Trust Company, closely allied with the Firts National Bank and the defunct Jenkins Trust Company, which later tried to resume business under the nnmo of the Lafayette Trust Company, was forced to suspend In the fall of ihOi. in tne general crash or The company resumed business on June 8, 19118, and paid every depositor in full on uenuiiiu.

uuie iu uu uiisn oe cause of an agreement which had been entered Into between the stockholders of Ihe company and the Metropolitan Trust Company of Manhattan, whereby the latter ndvnneed The Wllllamsuurg Trust Company was the second oldest of the Jenkins institutions, having been organized In 181W with a capital of J700.000. At the time of lis suspension the assets of the company had a book value of $8,441,351. 'and an appraised Willie of The deposits of the company Just prior to the suspension totaled According to the Inst report to the State Bunking Departnie.it. made November in. linn, the deposits hnl shrunk to $1,312.1140.

Its assets, according to this report, were but PLAGUE DISAPPEARING. St. Petersburg. December 14 The bubonic plngiie is disappearing from Manchuria. No new eases have been reported for three days.

(Vevr, s'yllub elite 1 wltb sluht or Toilc Pebbles, Sivncrr's, 81 Maiden la I I' Mrs. Eugenia F. Humphrey of Mineola, Through Husband, Says She May Try to Break Testament. TO DECIDE COURSE AT ONCE. Secretary of Deceased Lawyer Explains Eelationa Between the Two Why Bequests Were i Made.

It is learned to-day that a suit may be begun to contest the will of the late George L. Fox, the Eastern District attorney who died last week leaving a fortune amounting to nearly $1,500,000. Mrs. Eugenia F. Humphreys of Mineola, L.

who, although next of kin, is not left any ol the fortune under the terms of the will, stated to-day, through her husband, H. O. Humphreys, that she was considering a suit to break the will. Mr. Humphreys said to-day that he would talk the matter over with his lawyer, and that this would be done without delay.

Both he and his wife regretted, he said, that no provision for his wife's benefit had been made in Mr. Fox's will. There had been no differences between Mrs. Humphreys and Mr. Fox in recent years, he declared.

Mrs. Humphreys was a cousin of Mr. Fox. She has a brother, Stephen A. Butler, who does not live with her in Mineola, and he could not be located there to-day, nor in Brooklyn.

He is not mentioned in the will, either. If Mrs. Humphreys Bhall decide to contest the will it will bo on her own behalf only and not for her brother also. Mr. Humphreys said this afternoon: "Something must, be done immediately in view of the fact that the will has already been filed.

We have not deter mined yet whether or not to contest the will. Mrs. Humphreys and I shall con stilt our lawyer. Judge Charles R. Weeks, in regard to the matter at once." It is known that Mrs.

Humphreys was In consultation yesterday with Joseph W. Stray, who was for years secretary to Mr. Pox. At his office at 84 Broadway, which Has also Mr. Fox's office.

Mr. Stray said Ibis morning. that Mrs. Humphreys made no intimation to him that she intended contest the will. Warned Not to Expect Anything.

Mr. Stray said that about two years i ago Mr. Fox wrote a letter to Mm. Hum' Jthreys telling her that the relationship hd not been congenial and that there had been "constant difference," as Mr. Stray explained ft to-day, between them, and that she need have no expectation that she be remembered to any great extent in his will.

Some years ago, said Mr. Stray, Mr. Fox and Mrs. Humphreys owned certain property together) and the cousin always seemed- to be dissatisfied with Mr. Fox's manner of handling the property.

lie added that he did not believe that Mrs. Humphreys would try to contest the will, and he did not think she would be successful If she He said he did not know where Stephen A. Butler, the other cousin. Is; had not heard from him for a long time, and that this cousin was wholly estranged from Mr. Fox.

The only part of the Fox property that li left to Mrs. Humphreys, of Mltincola, is tho old burial plot in Calvary Cemetery, "on condition that no Interment be made therein except the bodies of such persons ns are related by blood to her (Mrs. Humphreys) grandmother, Maria Dixcy, deceased, and in no event shall said burial plot be alienated." Tho name of Stephen A. Butler does not appear in the will at all. Did Not Want a Fox Memorial.

Someone once said to Mr. Fox, "Why 8on't you leave all your fortune to one "No," was the reply, "for if I do, that institution might seek to establish a Fox Memorial, and I wouldn't want anything like that. Beside, I would rather that a great many people get direct benefit at once." In making his will, the beneficiaries of which were named In The Eagle yesterday, Judge Fox carried out this Idea. Those who helped him In life and those who were kind to his mother and Ills (Other near relatives will benefit now by his will. Citations will be issued at once, returnable in about a month, and by the middle of January the executors will take possession of the Fox property.

It is learned that Mr. Fox had a motive, aside from his charitable Inclinations, In making most of the bequests. Twice he was afflicted with blindness, and the Institution where ho was cured will benefit. Another tlmo ho was threatened with consumption, a disease from which his brother died, and the Brooklyn Home for Consumptives will get $10,000 under the will's provisions. Many acts of lslndnesB that were In Judge Fox's memory when lie made tho will were remembered.

Most of the bequests come as surprises to the beneficiaries Grateful for Recovery of Vision. In January, 1832, Judge Fox became blind In one eye. He was operated upon at tho New York Ophthalmic Aural Institute, 40 East Twelfth street. In May, seven years Inter, another cataract developed over the other cya. end a second operation at the same Institution was eiso successful.

Judge Fox always said that It wns due to the work tho surgeons did at this Institute that he was not blind. The Institute gets $10,000. EHJnli Hlakemnn, of Stnpleton, S. a deaf nnd dumb man, will receive bequest, amounting to $15,000. Mr.

Blnke-mait Is seventy years old and very feeble. His mother and the mother of Judge Fox were own cousins. Housekeeper and Hostler Beceive Windfalls. The faithful service of Elizabeth Kane In tho Fox family, extending over thlrty-nlne years, I remembered by a bequest of $30,000. In addition, before his death Judge Fox deeded his Tjylor street home 1o her.

Mis. Kane's daughter, Mary Kane, who was domestic In the family for thirty years, will receive $20,000. James Jackson, who Is Hie hostler at the Shelter House In Prospect I'nrlt, Is one in ii who never expected to benefit by tho will. Judge Fox's brother, the lite Henry A. Fox, and his secretary, Joseph W.

Stray, often drove together In (-tirrey through Prospect Park mid Mopped off nt tho Shelter House to dine. Judge Fox's brother hud dlfltciiltv In walking, nnd Hostler Jackson wns always at the surrey to help him along, with the result that he will receive $3,000. Small Fortunes for Friends of Fox Family. Mary Katun. Mary Orr nnj Mrs.

Sablno Donaldson will receive $10,000 each of llielr lifelong friendship to the Vox family. They were thrcu school- I- Railroad Man Left Practically PROTESTED AGIST President of Catholic Federation Asks Mayor to Stop Staging of Saviour. GAYNOR'S HANDS ARE TIED. He Is Willing to Investigate, but Says He Must Comply With the Law. A strong protest against further performances by Madame Bernhardt of Rostand's nlav "La Rnnuiritrtlne." In which the figure of Christ is made a speaking character end is so presented for the first time practically in the history of the New York stage, has been made to Mayor Gaynor by Edward Feeney of 6SS Tenth street, Brooklyn, the president of the American Federation of Catholic Societies.

Mr. Fecney's communication was promptly answered by the Mayor, who promised to see what steps, if any, the municipal authorities might take to prevent repetitions of the performance. On next Monday afternoon Mr. Fccncy will present tho question to tho Brooklyn Diocesan Federation at the quarterly meeting of that body, to be held at St. Mctthew's Church, Uticn nvenue and I)e-graw street, this borough, when further action will be considered.

W. F. Connor. Mme. Beruhardt's manager, was first apprised of the protest against the play by Tho Eagle, lie said he could not understand any objection to the drama.

It has frequently been Iu France, he said, 10 audiences com posed of Catholic priets and during Holy Week, when it was looked upon as a sort of religious festival and drew very large audiences. In Chicago, Mr. Connor said, the play bad received tho Indorsement of the clergy and no charge that It was irreverent in theme or treatment had been The manager further added that no effort had been made to procure notoriety for the play, that had only been announced the day prior to Us presentation here. He would, he said, ask Mme. Bernhardt to answer the criticism ot Mr.

Feeney. Innovation a Shocking One, Feeney Says. Mr. Feeney's lettor and the responso of the Mayor follow: Brooklyn. December 9.

1910. Hon. William J. Gaynor, Mayor, New City. Dear Sir: Sarah Bernhardt has Introduced a play on the Manhattan stage called Samaritalne," one of the characters in which is placarded as "Jesus," with a walking and speakiug part.

One day Bernhardt plays Camille, the French wanton, and next day holds converse Willi God in "La Saniarltaine." Such a stage Imtovaiiou is inexpressibly shocking, especially to the million Catholics of the greater city, who believe that the Saviour Is tne Divine Son of God and one of the blessed even at the mention of whose name every knee should bow. What kind of men control the stage in New York that they should consetit to guch a blasphemous representation before an audience? Has tho Mayor the power to suppress such an exhibition? If he has I most respertfully submit that he should exercise that power. 1 maintain that this is still a Christian ccillimunlly. EDWARD FEENEY. Mr.

Gaynor's reply was as follows: "City of New York, "OlFiee of the Mayor. "December 13, ItilO. "Dear Mr. Feeney Your letter of De cember II with'' regard to a theatrical representation Is ftt hand. No, the Mayor has no arbitrary power to do anything.

The only way to proceed Is to have a complaint made that the representation or play violates some law, and then all concerned will be arrested. I should think It would be a good thing for your society to lake that inltinllve. Tile only other way I can do Is to send police to look at the play, oud have them see whether In their judgment it violates any law, and If bo what law. I suppose it is fortunate that the law do-s not permit nny official to arbitrarily do as he sees fit in this matter or in nny other. He must himself act within i be law.

The object of your society is a most laudable one, and I shall be glad to lend my nld to the object which you have iu view. "Very truly yours, I. GAYNOR. "Edward Feeney, tiSi Tcir.h street, Brooklyn." Effort to Produce Passion Play Failed. The protest against Madtme Bcrn- hard''s production of "La Samaritalne" reveals a curious situation regarding Hie jircscuuiiou Biblical pUy iu Now His Entire Estate to His Widow.

For years it has been regarded as impossible to porr.ray the character of Christ upon ihe stage. The attempt was made many years ago to Rive a performance here of the Passion Day, similar to that at OherammerRaii, and a version of the Passion Play was prepared by Salmi Morse wiih this object in view. The production, however, was frustrated by popular feeling that finally resulted in the authorities taking action which ef-fe ctually barred the presentation in New York. From that time until last week no effort has been made in New York to portray the figure of Christ in a dramatic production. In "Mary Magdalene.

that Olga Neth-ersole produced a fortnight ago at the New Theater, Maurice Maeterlinck goes further than any dramatist heretofore had attempted to do in New York by actually bringing the character of Christ to the stage, though the actor assuming the role has no lines to speak. Thus, wiih Bernhardt introducing the character of Chrisfc a speaking part of prominence in "La Samariiaine' there are two ploys having current representation here in which a fmrr rauiirv of Jesus is attempted for the first, lime on a New York slage. "I.a Samariiaine," however, fo further than any of its prcdtwBBors In that it makes the character of the Nazarene one of the most important in tbe play. WARNED OFF HIS POST. Patrolman Jesse W.

Lewis Produces Evidence to Show That He Was Persecuted. In the evidence submitted by Patrolman Jesfe V. Lewis, on trial yesterday berore Fourth Deputy Commissioner Reynolds, charged with having engaged in conversation with a woman on the night of November 23 last, a threatening letter was read, in which the defendant was warned to keep off Washington avenue, at his own peril. Lewis is attached to the Flushing avenue station, and Washington avenue Is included within his post. The charge against the man was preferred by Sergeant Michael T.

Abeam, connected with the same station. The defendant admitted the charge, but denied having willfully shirked his duty to loiter and engage Iu conversation wltn tbe woman In question. Lewis told the Commissioner that he had received as many as six threatening letters, and believed that the woman was one of a gang who are trying to cause his dismissal from the police force. The Commissioner seemed impressed by the words of the patrolman, and declared that inasmuch as his record was without a blemish, he would dismiss the case. DIDN'T GET FARMER'S MONEY.

John Peterson Charged With Attempting to Do So by Ancient Confidence Game. John Peterson, who gave no address, was arraigned in the' Yorkvillo Court this morning before Magistrate Hcrnnan, on a charge of attempting to separate Henry Allen, a i'nrmcr of Hammond. N.Y.. from' a bank roll containing 53.500. by means of an-ancient nnd time-worn confidence game.

The prisoner asked for an adjournment until he could communicate with counsel, nnd the examination was put over until later this afternoon. Bail in the mean time was fixed at $2,000. Peterson was arrested at the Grand Central Station this morning, falling into a trap laid by Central Office detectives led by Lieutenant David Wilbur, who had disguised himself as a farmer. COMMUTER WANTS MONEY BACK Washington, December Refusal of i he New York and Long Branch Railroad Company to refund to the purchaser, William E. Moore of Philadelphia, th price of a comuiuiaiion tiiket between New York City and North Asbury Station.

N. because the ticket was lost, and not subsequently taken up by the company, was ihe ground of a complaint tiled to-day Willi the Interstate Commerce Commission. NEIL KEITH FOUND DEAD. Winnipeg, Manitoba, December 14 Neil Keith, one nf the best known railroad contractors In America, was found froieii to death in the hills south of Moosejtiw, to-day. While suffering from a fever lie wandered away abou; six weeks ago.

Mr. Keith bad built railroad lines for the principal companies in the West during the last thirty yeans. THE SHERIDAN ARRIVES. Washington, December li The t'nited States Army transport Sheridan arrived to-day from the Philippines, bringing Battery of tho Seventh Field Artillery and about (M unattached troops. An Aeeeiitnble riirlNtnin Present.

case of Selected Vhic, 414.011, DO, fll.T.1. II. T. DKWEV SONS 13S Fulton Adv. The River Tiber has risen until It Jenkins Interests in this borough.

twenty-on feet above Its normal level. Government officials are making every effort to relieve those living In Iho Inundated districts. ROOSEVELT IN BOSTON. Boston, December IJ Theodore Roosevelt, who enmo to-day to deliver tho Nobel lecture at Harvnrd this evening, attended the regular monthly mooting of tho Uurvnrd Overseers hero this forenoon. Ho enmo to tho meeting with I'vtsldent A.

Lawrence Lowell, whoso guest he Is during his stay In this vlulti- ny. CARRIES WEAPONS; FINED. l'liul Hlelsncr. 33 years old. of dates avenue, wns fined In the Court of Special Sessions yesterday, when he pleaded guilty to the charge of carrying concealed weapons, Over Three Hour )ulcket Thru filcplnS" Hrvlcfl to HerLia Ku-t Vat on Heabimtd Alt' I.lne 1:38 ff M.

train fi.ini I'snua. atntitfn. Irnj. lUJ si -AJV,.