The Brooklyn Daily Eagle from Brooklyn, New York • Page 2

2 THE BROOKLYN DAILY EAGLE. NEW YORK, FRIDAY. MAY 16. 1913. accscxxLAirzous.

MISCELLANEOUS. where Italians; take "clean-up" booty. "CITY DAY" PARADE TO BE BIG EVENT WATERFRONT BILL SIGNED BY SULZER INSURES TERMINAL 9 Biluce of tie Stock from tit H. J. BRIDGER JEWELRY STORE Elm PUce and Fulton is dow being offered at private tale by H.

HEALY, JEWELER, 592 Foltoo Street, UTio Purchased the Stock from Executor of the Estate. No Reasonable Offer Refused. Will Be Nearly 12,000 in Line in Tomorrow's Pageant. Original' IV Ramie Fibre 1 i Se. U.

S. Pat Of. The Brbllcbteu Hnm Rammer.wftebf- flic BlfDtl arm tnvur fnr hnf thm I. 31 i BANDS ARE TO 35 i ailoirBBcm. ror kr l-idlnr italn WHjwitn.

Writs fw benkIM mil umntea. Warehouses, Elevators, Great Railroad Systems Will Make Brooklyn One of World's Great Shipping Centers. In "Pa" SCHLICHTEN RAMIE COMPANY, v' Fourth Yorfc Kulck Grooming Himself Preparation for the Display. W. K.

GILBERT. niioB oil FACTS ABOUT TOMORROW'S BIG CITY DAY PARADE. SWEEPING POWERS GRANTED. rn Bank, and that the briba or Inducement to do this act wis the loan mads by the Northern Bank to the Carnegie Trust Company of 130,000. wblrb loan is described as being "to the personal advantage ot and a benefit to Charles H.

Hyde." Mr. Stanehfleld argued that the Indictment was Insufficient for link of specifications as to how the loan by the Northern Bank to the Carnegie Trust Company was advantageous to Hyde, and Justice Clarke says: "The People must show by proof upon the trial as a matter of fact, that the loan was In fact such an advantage to the appellant (Hyde). In this the prosecution utterly failed, for the Teople were able to produce no evidence whatever that the defendant received, or was in a position to receive, any personal advantage from the loan UNION OF LUTHERANS NOW SEEMS NEAR Have Been Divided Since 1880 on Doctrines of Regeneration and Election. Flans for Construction of Property or Line of march Washington qaaire and Fifth avenue to Klf-tf-nlnth street, to Broadway, to Elarhtyalxth street. Dismiss.

"tart One o'clock. Iinrp. ReTleTftnn stand At Public Library, Fifth avenue and Forty-second street. Due at 1 130 p.m. Number of men In line.

11,8411. 1" amber of bands. 35. Number of departments, 10. Leases to Be Under Board of Estimate's Control.

BROOKLYN HAS LARGE NUMBER (Special to The Eagle.) Albany, May 16 Governor Sulzer last -sri. wrnmi yn night signed one ot the bills of Senator Thomas F. Cullen, providing for vast Improvements by the City of New York In the way of terminal waterfront facilities A Book, Warmly Discussed at Conference, Likely to Bring Synods Together. One of Dumps In Gowanus Section Where Pushcart Men Inventory Their "Clean-up" Hauls, Much ot the stuff for the City to Gather. Is to Hot Here.

CANT USE ALMIND PICTURE. on the South Brooklyn waterfront. The bill empowers the Board of Estimate to have full charge and direction of the Improvements which are to be carried out by the Commissioner of DocUe and Ferries. It also applies to all parts or the city's shore line, but the particular from the Northern Bank to the Cnrnegle Trust Company aud no question was put to the Jury as to whether or not he had received any such persoual advantage." Hyde Was Very Friendly With William J. Cummins.

Hyde was very friendly with William J. Cummins, who was the chairman uf the executive committee of the board of directors, and it was shown at the trial that this friendship continued and that some weeks after the loan was made by Robin, Hyde received a loan from the Carnegie Trust Company, "but," says Justice Clarke, "this was not connected in any way with the transaction which constituted the basis of the Indictment, and the DiBtrlct Attorney does tint claim that It constituted the bribe or the persoual advantage referred to In the Indictment, as Indeed It could not, for the charge in the indictment Is that the bribe, whatever it was, proceeded from Robin, not from Cummins of the Carnegie Trust Company. The People were, there "Pa" Knickerbocker will call the boys Id his various departments early tomorrow, (or they are to take part In the first "City Day" parade. For years the annual police parade bns been a notable event In New York City, and the "finest'' have gone thundering down the alBle of tame before admiring thousands. Recently the Street Cleaning Department has been giving an' annual marching exhibition ot Its own, but this year Is the first that all the various departments of the City Government have united.

Hera are some of the features of tomorrow's parade: It will be headed by Joseph Johnson, Fire Commissioner and his Deputy Commissioners, Philip P. Farley and George W. Olvaney. Battalion Chief John P. Howe will act as the Fire Commission JUNKMEN BEAT OUT CLEAN-DP WAGONS MAYOR GLORIFIES POLICE IN SPEECH Appellata Division Reverses Supreme Court in B.

R. T. Poster Case. On the subject of the use of the picture of Mrs. Mary Clarissa Almlnd and that of her 6-year-old child and of her sister- A lively discussion was called forth at the pastoral conference, held in connection with the Atlantic district sesi slons of the Lutheran Missouri last night, In St.

Luke's West Forty-second street. Manhattan, when attention was called to a book entitled. "The Doctrine of Regeneration and Election Reviewed for tho Purpose Of Uniting the Lutheran Church in America;" the, book has Just been Issued by the Concordia Publishing House, St. and was written by the Rev. Pieper, Dr.

Pieper Is president of the theological in-law on the "Safety First" posters I Roasts PaDers and Lauds Waldo result sought to be accomplished by the measure was a great terminal system for all the trunk line railways entering New York to bo constructed along the Brooklyn waterfront. The plans Include a railroad system that will extend from the East River front below the Heights to Sixty-fifth the B. R. T. cars, the Appellate Division Gather Up and Cart Off Refuse Before City Departments Act.

as He Rewards Honor Men. er aid. Major Gaynor will review, the narada fore, compelled to fall back upon the from tbo stand erected Immediately in front of the Public Library at Fifth avenue, betwoeu Fortieth and Forty-second PARK SLOPE IS STIRRED. CANT STAMPEDE ME, HE SAYS street. This reviewing stand seats 6.000 has a different opinion from that of the lower courts, which decided that Mrs.

Almlnd had consented to have her. picture taken and used. By a divided court it was toay decided to reverse the Supremo Court and order the railroad company to discontinue the use of the picture. On the posters Mrs. Almlnd, a rather attractive looking woman, was shown getting off a surface car, first as it should not be done, and second in safe and proper manner.

She admitted on the trial that she. had consented to pose for the pictures but declared she had no idea that they would be used for posters In every car. persons. Ith the Mayor will be Mrs. Gaynor and tho various commissioners.

Controller Prendergast, several' of the Refers to Men Who Attack Police De. Rubbish Allowed to Lie In Nearby Yards in Italian Section. partment, but Aim at Him and Waldo. street In the Bay Ridge section. Great warehouses, elevators and other conveniences for the rapid and economical transfer of freight, between the railroads and ships are to be constructed, so as to make Brooklyn one of the greatest shipping centers in the world.

Under the terms of the new law, the Board of Estimate may buy or lease wa.terfront property, and either construct tHe warehouses, railways and other works Itself or let the property to business and railroad concerns for the purposes required. All of the plans, whether made by the private concerns or the city, aro to bo uii.ler the control of the Bjard of Estimate. Tho powers granted to the Board of Piiilmato aro very sweeping and provide for practically every possible cuullu-' in a remarkuble speech to this year's Ask any Italian, especially If his pushcart traverses that part of the Tenth Ward lying around the G-owauus Canal proposition for which they now contend, that the mere fact that Robin, for the Northern Bank, acceeded to the defendant's request that the bank should make the loan desired by the Carnegie Trust Company, of Itself constituted a bribe and was manifestly a personal advantage and thing of value to the defendaut. and so the Court charged as a matter of law. "It Is quite clear," says the opinion, "that this position Is untenable.

It In not to be disputed that what is intended to be described by the words used In the Constitution and the sections of the Penal Law defining the crime ot bribery In Its various phases, and what Is commonly knows by the collective woro 'bribe' Is something more than persons) satisfaction arising from the gratification of a wish. There must be something more flowing to the person who asks the favor something of value to him, not necessarily of pecuniary or Intrinsic value, but value In the sense of a personal advantage of some sort. The wordword 'advantage must be given Its commonly accepted and natural meaning of something accruing to the benefit of and the territory from there to Fourtn! MATCH PLAY AT OAKLAND Metropolitan Stars Survive the First Round Close Con-. tests Seen. avenue, and he will say: "Fina da And he is risht from his own standpoint, for the city clean-up of nil the Junk that has been an eyesore In the cellar has brought a harvest to him.

There Is not a mattress too ancient, not norough Presidents, John Purroy Mltchel. President of the, Board ot Aldermen, and other city officials will occupy Seats in the Mayor's stand. Each city department has designed banners and signs which describe clearly tho particular work of the departmenls. The Fire Department leads the parade with 25 vehicles and 1.495 officers and men In line. The Street Cleaning Department has 351 vehicles and 1,770 men In-line.

The Police Department, which will bring up the rear, has 7,:24 meu Iu line and 35. vehicles. One of the notable things sbout the band. of the Street Cleaning Department, which will lead that organization In the parade, Is Its strong representation from Brooklyn. Of the flft.Vrclght members composing It not more than twenty come from olhor boroughs, snd the band had lis origin In the minds of tha officials of the Hrooklyn branch of tho department.

Under their direction and encouragement, the members of tho band have been practicing every Thursday evening since last October at Stnblo at Flushing and Kent avenues. acuity or Concordia Seminary, St. Louis, which has more students than any theological seminary Iu the world, the enrollment now being 365. Dr. Pieper was for-: merly also president of the general body of his church.

It is expected his book" will cause a stir among the several millions of Lutherans In this country; Brooklyn Lutherans are deeply interested. At present (Tie Lutheran Churo'h of this country Is divided into a number of organisations, the largest of which are. the Synodlcal Conference, the General Council, the General Synod, the' Iowa Synod, the Ohio Synod, the United Synod ol the South, the Norwegian Synod, and the United Norwegian Synod. Brooklyn Lutherans are also divided Inter these groups. Between the members of the.

Synodlcal Conference, generally known ai the "Missourians." and the members ot the Iowa and Ohio Synods a heated controversy ove rtho doctrines of regenera tion and election has been carried On since the year 1SS0 and has kept the bodies apart. Hopes are expressed-that now not only these but the others as well will be united. It is expected that the book by Dr. Pieper will materially aid In uniting the forces. As It Is the L'w theran Church ranks first among tha rotestant denominations of this country: The maftor was brought to the attention of the conference by the Rev.

W. Schoeu, feld of Manhattan. Other speakers were the Rev. H. C.

Steup of Manhattan, the Rev. p. Brandt of Pittsburg, first vi'ee president of the general body, the Rev; A. Blewend of Boston, the Rev. ton Srnenk of Rockvlllo.

and others. In order to get copy of the book Into the bunds of least nil the Lutheran ministers of hl country Setny. Should the city lease sucn prop erty, tho term of the lease is not to exceed tivcnty-nve years, with a renewal privilege. honor men of the Police Department, whom he decorated with medals, at the City Hall, today. Mayor Gaynor declared his intention of retaining Commissioner Waldo at the head of the Police All the attacks which have been made upou the police force, rocently, in the newspapers and otherwise, he characterized as mere attempts on tho part of certain corrupt people to hit at the Police Commissioner and himself over the heads of the force.

"They thought they were powerful enough to stampede me snd make me dismiss him," declared the Mayor, pounding with his knuckles on the table In front of him to emphasize his words, "but I defy them. All these corrupt people cannot move me one Inch. What he has done of merit I propose to uphold him in." The Mayor again denounced the attacks on tho department as coming frum the person receiving It. Justice Clarke Gives His Definition of to The Eagle.) Bayslde, L. May 10 Under Ideal golfing conditions, the first round of match play in the invitation tournament of the Oakland Golf Club gave a few surprises today except perhaps the 6 and 5 win of Nntloual Champion Travers over Howard Lee of Detroit, ex-champlon of Michigan, who yesterday mada the round in Travers played In true championship form muklnc the out holes In PROF.

MOORE'S AID PUNISHED. 37. three better than the best made yesterday lii the qualifying round. With this speed Travers upset his opponet, whose nervousness was displayed iu his putting a bedstead too rickety, nor a cast-off skirt too dilapidated him to pass unnoticed, for he can find a market fr everything. What cares he for the health of the city? He'll do the clcanlug up, because be B' busy before the city's ash carts are moving.

A trip through the section, following the line, of the canal, shows a panorama of filth aud Junk that days ago was meant lo find its way to the city's Incinerators. In the residence section of Union, Carroll and President streets, particularly In the neighborhood of Carroll l'ark, the housewives have been transferring everything that spelled junk to the front lawns at night, and it has regularly disappeared by morning. Of course, thg clean-up wagons had been around. Then one morning Joseph J. Cosslns, hearing an unusual rumbling in the street, looked frum his bedroom window, at 25', Carroll street, to find the block alive with pushcarts and busy Italians relieving the Street Cleaning Department of lis work by carting away everything that was not too uld to fall apart.

Then the truth was out. the deluy In the official clean-up the pushcart men had captured the stuff and carted It to their colonics. "The serious part of this whole thing," said Mr. Cosslns, "Is that although we are getting rid of our old stuff, it Is simply being transferred from healthy Burns Was Charged With Complicity in Irregularities. Washington, May 10 Charles T.

an assistant foreman iu the Weather Bureau, suspended at the time of the also some of the others. It has heeri suggested that, a fund of J.1,000 bo raised and copies bo mailed grntls. dismissal of Chief Willis L. Moore, to day was reduced In rank and salary by Secretary Houston, who declared Burns A mission service will be held this evening at 8 o'clock at St. Luke's Church, gulliy of misconduct iu the performance One feature of tho new law led to slight opposition, which was finally withdrawn before tho Governor signed the Cullcu measure.

This provides that extensions of railroads may be. made to connect with tho marginal rail way and the terminals, without, obtaining a "certificate of convenience and necessity" from the Public Service Commission. John I'urroy Mitchcl, president of the Board of Aldermen, who desires to have tho improvements Inaugurated before leaving his office to become Collector of the Part of New York, told the Governor that the Board of -Estimate- -would make up "for- this provision 'the law Oiy requiring such a certificate to berob.talnod frojn the, Public, Service Commission, before the Board of Estimate would give nut the operating contracts. Such a clrfusc Is. to be placed In' the contracts drawn by the Board of Estimate.

Mr. Mil.che-1 made another: vtsTt Governor Sulzer today to get his approval of a companion bill of Senator Cutlcu s. The companion bill provides a means for the-railroads and express companies that are use the terminal, to ftirm terminal companies to operate the Improvements provided by the City ot New York, under lenses and contracts. Under existing laws, railroad companies and express, companies are from owning stork or controlling water terminal companies. The' city authorities realize to allow use.

of the terminals, the rollrosds will be obliged to po-oponite to secure the benefits of the Improvements planned by the Is a part of the general scheme of Improvement. Therefore, the Cullen bill removes' the existing restrictions against ownership, of stock terminal corporations by, railroads In New York City only. 1 This bill remains' to receive 'the-Gov of his duties." wnich soon became raggod. in the afleruoou round today, Travers will meet Johu M. Ward, of Garden City, who had no trouble iu defeating J.

j. Haseu ot Oakland by 6 and 5. H. K. Kerr won over M.

Lewis and V. J. Travis over H. J. Topping by the narrow margin of 2 aud 1.

The hardest match, In the first sixteen was the Herreshoff and Peters struggle. The young Garden City player held his famous opponent well arid was beaten only on the home green. Summary: First sixteen H. K. Kerr, South Shore, bent M.

Flushing, 2 and Roy Webb, Euglewood, beat W. L. Hicks, Nassau, .1 nnd Gardiner W. White, Oakland, beat R. M.

Tarleton. Oakland, 6 and A. W. Cownerthwalt Midland h. v.

certain keepers of notorious houses whom Commissioner Waldo or former Cqmmls-slner Cropsey forced out of business. The Mayor's speech was iu part follows: "This ceremony I perform with the greatest satisfaction. I dare say thai many people will take little note of this cvei.l. If one uf you had done somcihuig wrong, however, during the year, pages and pages would be devoted to It, to the scandal of the brave and good men who make up the police force. Of your bravery and of the bravery of those who died performing similar acts scant notice, will be taken.

"The thing that has been deplorable to mo is that every time the commissioner and the force cause some one to accuse members of the force of graft by their action In closing up the house of these people or convicting them, certain people Moore was dismissed for "serious ir vest Korty-socond street, Manhattan. St which the Rev. Walter Koenlg of Pater-son, N. will Tomorrow-after noon tiio to the convention will be shown Kills Island, where a missionary of the Lutheran Church, the Rev. Mr.

Restiii, works oinong the Immigrants. On Sunday afternoon an excursion will be held to the Synod's Eastern Institution of learning at Bronxvllle. which has Just recently been established at a cost of about Sr50.000. regularities" snd misuse of his office, of which It was alleged he had been guilty In his campaign for appointment as Secretary of Agrlculturo In President WU son's cabinet. Tho case was referred the Department of Justice tor investigation.

Burns was charged with Professor Oliver L. Fasslg, against r. wyKer Meadow, hv rtiaf a ill to unhealthy sections, where but little incentive Is needed to start a hlgh- whom charges were preferred by Moore, was acquitted of all except one that ot power disease zone, nese pusnenrt meu Howard B. Lee, Detroit. 6 and S- iL vt Bribery.

In closing bis opinion. Justice Clarke says: "A bribe is a sift or gratuity (not necessarily of pecuniary value) bestowed for the purpose of Influencing the action or conduct of the receiver. It must consist of something rent substantial and of value to the receiver, as distinguished from something imaginary. Illusive or amounting to nothing more than the gratification of a wish or hope on Ills part. The people wholly failed to prove that the loan by the Northern Bank to the Carnegie Trust Company was of ony personal advantage, benefit or service, either directly or indirectly, to the defendant: and for this reason there was failure of proof to Justify a conviction, and for thia reason the Indictment should have been dismissed at the close of the people's case, or a verdict directed In favor of defendant at the close of the whole case.

The Judgment appealed from must, therefore, be reversed and a new trial ordered." This opinion Is concurred in by Justices Mclaughlin and Scott. At the trial Robin testified to the request of Hyde for the loan and there was no other evidence of the alleged bribery except the evidence given by Robin, and no corroboration of Robin's testimony on this point. Justice Goff charged the Jury that Robin was not an accomplice and that, consequently, his testimony did not need corroboration to Justify a conviction. On thU point Justice McLaughlin says: "This ruling Is contrary to the unbroken line of authorities. in this State an accomplice has been defined as follows: 'To constitute an accomplice one must be so connected with the crime that at common law he might himself have been convicted as a principal or as an accessory before the fact.

To warrant such a conviction the accused must have taken part in the perpetration or preparation tor the crime, with Intent to assist in the crime." Certainly. In a case of bribery, the briber takes part In the crime, and Is Indeed an essential part of It, for unless there be a briber there ran be no bribe, although, of course, there may be a willingness, or even an offer, to accept a bribe. In such a case, the person to whom the offer Is made, if he rejects it, is really not an accomplice. "In this case, however, says Justice McLaughlin, "the defendant was Indicted, not for offering to receive a bribe, but for actually receiving one." The Ji'stlce recites other opinions from different States to sustain his contention, and concludes by saying: "I am of the opinion therefore, both upon principle and authority, that the person who gives the bribe Is the ac making a false statement regarding an will aather up old clothes and mat Immediately cry out against Ihe commissioner and the officers of the force. That Is what I do not understand.

They are not ara, uarcien it v. beat. J. J. Oak Item of expense amounting to 16.66.

No action was taken In his case. Fasslg willing to give the commissioner and those who. work with him the credit. There contended Moore made the charges because he refused to support his candidacy for Secretary of Agriculture. tresses, for Instance, and use them ovei again.

Little do they care whether these things may have been thrown from a sick room. Then again, 1 have caught them ransacking the garbage barrels ami finding all they wanted, they have left the splllings to be blown around, thin land, 6 and Frederick Herreshoff' Garden City, beat Ralph Peters, Garden City, 1 up: W. .1. Travis, Garden City, beat H. J.

Topping, Greenwich, 2 and 1 Second Sixteen MrKlm Hollls, West Brook, bent Oliver Perrln, Klkridge 1 TURKEY TROT IN COURT. iii. ii. neunuu, south Shore. r.

smirching the streets. They won even smirching tne streets. i ncy won i eveur- u. take the trouble to replace tho garbage Adams, Jat1onal Links, by default; P. Hi the cans after they have ransacked l'artr' Nassau, M.

L. Fearey, Rich- mond County, by default: .1 vtvf- ernor's approval "in' order to allow the I -I. nha.J with hA nnpV 1 ahead with the work, JOHN GORMLEY FREED, Last of Two Indictments for Burglary Dismissed. John Gormley, 42 years old, a burglar of repute, was. released from custody by Judge Humphrey In tho County Court at Long Island City today after dismissing the last of two indictments against him growing out of an attempt to rob the apartment of Emma Treckiiian, at 54 Lockwood street, The case against the prisoner fell to.

the ground because Mrs. Anna Boyae, living In an apartment under that of Mrs. Treckman, changed her mind as to the prisoner's identity after testifying that she had caught him after a chase in the street following his exit from, the apartment. city to go This voices the complnint oi tne wnoie section. The bulk of the junk has found its way to the hovels and waste-sorting rheds across the canal from the residence section, and there are nests of them on r.irroll and Union streets, only a few- Former Senator George W.

Brush, John P. Gels and William Lleberman, representing the Brooklyn League, had a saort talk with oGvernor Sulzer this afternoon to urge him to approve the second Cullen bill. At a meeting last night, the League went on record in favor of the has not been a single charge of graft, not one, since I have been here as Mayor, except from men and women whose Infamous bouses the police took possession of and closed up. And just as soon as they do that the criminals thus put out ot business say, 'We will expose the and we say 'That is just, what we want you to do; that Is one reason why we are closing you up." And there are now Imminent soma exposures by people we have recently closed up In that way. Outside of that, not a thing.

"Everything Is selied hold of to try to humiliate you. The good things you do aro lost Bight of. I ask the whole force to bear' up against these attempts to defame the head of the force, the Commissioner. They thought they were powerful enough to stampede me and make me dismiss hlra, but I defy them. All these corrupt people cannot move me one Inch.

What he has dons of merit I propose' to uphold him in. "You brave men are entitled to the protection of ihe Commissioner and the Mayor. I do not propose that you shall be howled down In this city while I am Mayor. (Applause,) If (there people who want to strike me. over.

your shoul amy, Dunwondle, beat C. H. Farley Upper Montclalr, 1 up, 19 holes: P. S. 'Mac-Iiiighlln, Scnrsdale, beet R.

H. White, Oakland, 1 up; Alfred Merrill, Hacken-sack, best J. P. Kerwln, Oakdale, 5 and Louis Livingston. Westbrook, beat H.

C. Kayser, 2 James R. Hvde, South Shore, beat E. B. Schley, Baltusrol, 1 up.

Third sixteen Henry Kryn, Dyker Meadow, beat W. S. Brown, Oakland, 1 up; D. McKeller. Midland, heat O.

A. Spofford, Apawamls, 6 and M. Carpenter, Oakland, beat L. Horner, Ards-ley, by default; L. Franklin, Oakland, beat N.

Squire, Apawamls, by default: Charles Cooper, Oakland, beat E. T. Oates, Flushing, 4 and G. Schepmoes, Upper Montclair. beat W.

H. Smith. Oakland, by default; R. Twyeffort. Brldge-hampton, heat G.

H. Bowley, Spring Lake, 1 up; L. M. Kerr, Merrimack Valley, beat Dr. A.

T. Halght, Wykngyl, 5 and 4. CAR ROWDIES WARNED. Exhibition Didn't Shock. Judge Reynolds, Who Discharged Prisoner.

Magistrate Reynolds, by his own desire, saw two demonstrations of the turkey trot In the Coney Island court today. He didn't get unduly excited over it. it was the first time he had ever wltnesed It, by confession, and after he had watched the peculiar and grotesque hop which is the habitual gait of the Thanksgiving, bird, he said, Humph," and discharged a prisoner. Charles Wolfarth ot West Fifteenth street, near Railroad avenue, Coney Island, had beea taken to court for dancing the turkey trot in the Brooklyn Hotel. So a special policeman named Bliss, shocked and outraged, told Wolfarth to stop.

When be did not do so, he took him to court. "What is' this turkey trot?" queried his Honor. "I hear a great deal about it, but I have never seen It." "You show it to me," the court directed Tbe special officer coughed nervously and went through a shuffle with much NOT KNEMEYER'S blocks away from the cleanly homes on the same thoroughfare. At the offices of the Board of Helath It was learned that this is clean-up day In that section, but very few sh carts were to be seen there this morning, and If the accumulation In front of the houses today Is not gathered before nightfall, the pushcart men will make another haul by morning. EPIDEMIC CLOSES SCHOOL They Moke Trouble on a Fifth Avenue Train.

The passengers on a Fifth avenue elevated train, bound for Manhattan during the rush hours today, were forced to give up their seats and stand on the platforms because of the disturbance made by a gang of young men who boarded the Mild Cases of Scarlet Fever Prevalent Drowned Man Taken From Off Fort Hamilton Today. Stephen AOlcsekksa, a soldier of the Thlrty-elghlh Coast stationed at Fort Hamilton, found tho body of a drowned man flfloating-off the government reservation, today. With tho help of some of the other soldiers he fished hlm-'out. The man was ot middle age, 5 feet 7 Inches tall and weighed between 110 and 150 pounds. His hair was mixed with ders, I want you to stoop down and let complice of him who accepts it, and that the charge of the court to the contrary RUHLIN WILL CONTEST.

them hit me if they ran. The same with the Commissioner. We do not wish you Litigation Over- Ex-Prize Fighter's struck by petty politicians and corrupt people, who are striking at us over your heads. Don't you strike them. It might hoisting of shoulders.

The magistrate be a good thing If you did give some of dtd not seem to be much impressed. Then he called on George Hall, one of the wit gray and his complexion light. was erroneous. In this opinion Justices Clark and Scott concur. Presiding Justice Ingraham in his opinion states that he concurs in the reversal of this Judgment, "ss I think there was error that requires us to order a new trial: but I do not concur In much that Is said as to the reasons therefor." In the la3t paragraph of his opinion, however, the presiding Justice says: "I hlnk.

therefore, there was evidence to Justify the Jury In finding the defendant guilty, and I do not think that Robin was an accomplice." train at Fifty-eighth street. When the train reached the Sixteenth street station. Policeman William Fitzgerald, of the Prospect Park station, who was a passenger, cornered eight of the troublemakers and then, with the assistance of other policemen, who were summoned when the motorman sounded the whistle, arrested the rowdies. The prisoners said they were Edward Smedley of 461!) Third avenue; Charles Osgood, IS years old, of 363 Forty-eighth street; James Connelly of 4518 Fourth avenue; James Bally of 345 Fitly-second street; John Jansen, 5414 Third avenue; James McShane, 372 Forty-ninth street; Robert Moore. 255 Forty-third street, and John Pinner, of 236 Forty-ninth street.

Later in the Fifth avenue court the prisoners pleaded guilty anil Magistrate Voorhces suspended sentence on all, with a warning. nesses, who is a waiter, to repeat the lesson. Hall was abashed by the order, but he shambled and shuffled and hopped around In a nervous kind ot way. "It's a kind of raggy dance," he explained. "Well, I can't see much iu that," announced the magistrate.

"The defendant is discharged." The police got the man's description mixed with that of Gustav H. Knemeyer, the missing treasurer of the Diamond Dairy Company, who left his Bay Ridge home early in April and has not been heard of since. even went to the Knemeyer home, but at. the morgue it was said that the description of the drowned man did not tally at all with that of Knemeyer. at Cold Spring Harbor.

(Special to The Eagle.) Cold Spring, May 16 A light epidemic of some disease which was at first diagnosed as scarlet fever, has disturbed the peace of mind of the residents of this village for tho past two weeks. Two State Board of Health representatives were in town on Wednesday and went over the ground with the local health officer. Dr. William B. and several of the children Were examined.

It is said that tho trouble was caused by a mild form of the more dangerous sickness and is hardly more than what is known as German measles. As matter of precaution, however, the day school and the -Sunday school of the several churches have been closed. Only five cases, -however, were: reported to the State board. There were a number of others which were diagnosed as a different disease. Justice of the Peace Valentine said yesterday that there was nothing to fear In the situation and that the sick, children were practically recovered.

No new cases have been reported and It Is believed that the schools will bo reopened very soon. THREE BOY THIEVES CAUGHT. Property of The second attempt of the brothers and sisters of the late "Gus" Ruhlln. ex-champion prize fighter and later a saloon keeper of Myrtle avenue, to break his will In which he left all his property, nearly $40,000, to his widow, Mrs. Sarah M.

Ruhlln, who Is widely known as a suffrage enthusiast, was begun today when the trial of a suit to set aside the will was begun before Supreme Court Justice Kelly and a jury. The will was admitted to probate by Surrogate Ketch-am last July after a similar contest. DEATH OF MRS. WM. H.

BEARD. Mrs. Lavlnia S. widow of William H. Beard, the son of the late William Beard, died Wednesday at Lake-wood.

N. in her seventy-fourth year. The funeral services will be private. Mrs. Beard was well known In Brooklyn, where she formerly lived, and long had a summer home at Glen Cove, L.

1. Her late husband's father was a wealthy contractor of early Brooklyn, and built the Atlantic Docks at the Krle Basin. Her husband was long a Republican leader of the Twentieth Ward. tnem a good mump, nut i do not encourage that, because we are willing tt bear own blows and scars. There will be nobody to present Waldo and myself any.

medals. (Laughter.) -Wo de not expect any, and I am sure we do not want any." As printed in yesterday's Eagle, Patrolman William J. MrMlllen of the Hamilton avenue station-was the only Brooklyn man to be decorated. He received the Brooklyn citizens medal aud a department medal as well for bravery In arresting a man who bad shot a civilian and two other policemen on July 8, 1912. The others to receive medals were: Edward M.

Shelvery. who got the Automobile Club of America medal and honorable mention for recapturing an escaping prisoner amidst a fuisilade of shots; Walter J. Thornton, the Rhlnelander medal and a department medal for rescuing a man from drowning; Thomas J. Lawler, the Isaac Bell and department medals, and John T. Sheehan, tbe Peter F.

Meyer and department medals for heroic rescues at a fire, and J. F. Murray and Patrick F. O'Connor, department medals for capturing a negro by whom O'Connor was shot. INDEX To Classified Advertisements in Today's Eagle.

CLOISTER NOT FOR AMERICA. Sculptor Barnard Presents It to France Owing to Protest. Prades, France, May 15 George Grey Barnard, the sculptor, of New York, today presented to the French Government the red marble Roman cloister In the ruins of the Abbey of St. Michel de Cuxa, the proposed removal of which to the United States aroused a Btorm of protest. DIVORCE FOB MRS.

DE PTJGH. In the divorce action brought by Mabel DePugh of 2162 Fulton street, against her husband, Roy DePugh of 200 West 100th street, Manhattan, he took the stand today In her behalf to establish that he had been properly served with the summons and complaint in the action. No collusion was shown, or even in It was said to have been purchased for a prominent American collector, and the local authorities applied to the undersecretary for fine arts to prevent ts moral. OFFERED BAD MEAT FOR SALE. John Fitter Is Fined $25 by Speclnl Sessions Judges.

John Fitter, a butcher, whose shop is at 120 Bridge street, was fined $25 by Classification. Fsre. Hotels Resorts. 10-17 In 2 icgal Noik-es, S-10-2O Loans Lost uml 20 aihtn. Arnxspmenis.

1 Morifnjs -JS Miscellaneous. 2-3-4 Money Saving Op- P'Ttunliles IU Musical Instruction 1 Ocean 17-- 17 Kenl fcstatp 1', Tt. E. nt 1 Corona Lads In Act of Opening Telephone Coin Boxes. Caught in the act of attempting to open the coin box of an automatic telephone, three small boys were taken into custody at 1 o'clock this morning on the platform of the Broadway station of the Long Island Railroad, at Corona, by Mounted Policeman James Mullen; The prisoners are William Wick.

15 years old, of 2 Central avenue. Corona; Alexander Bence, 14 years old, 87 Willow street. Corona, and Frank Carnetta, 14, of 8 Central avenue, Corona. Carnetta and Bence carried several files In their pockets, nnd a search of Wick's pockets revealed a bunch of skeleton DEATH OF GEORGE H. BURNETT.

George H. Burnett, for forty years a member of Orion Lodge, F. and A. snd for fifty-three years employed by the National White Lead Company, died Wednesday, in his 76th year, of heart trouble, at his hlme, 114 Lincoln place, where the funeral services will take place this evening at 8 o'clock. Mr.

Burnett was a member of the Memorial Presbyt-rian Witt Clinton Council, R. I and leaves two daughter. I timated at, regarding alleged improper acts of the husband, and Justice Putnam granted the interlocutory decree, chiefly on the testimony of Lena Rubsam of 64 Cooper street, who testified that for some time the defendant had lived at her bouse with an unidentified woman. Classification. Amusements Auction Hairs Hi Automobiles Hlr.1.

Cms Doffrf.lB Hos nling 14 Boro gli ti 1 1 es, 11-10-17 Buslnens Business Oppr" ties. 1(1 By Parcel Camps 17 'oast wise I ps. 1 7 Corporation Notices, S-MO-lO-l'fl Danclnjt Death Notices I'll Dentistry i Dividends 1 Election 1H European Resorts. 1 7 Financial 18-1M SECOND WIFE SUED. Sensation and unusual Incident followed fast upon the other In Justice VEN-HALL Justices Moss, Forker and Fleming yesterday afternoon, in the Court of Special Sessions, for having bad meat In the Giegerich's part of the Supreme Court today during the trial of the suit being Hesnrt unifies Vantti iMf-ia Sneelal MITCHELL TO TAKE JOB.

Albany, May 16 John Mitchell, former president of the United Mine Workers uf America, has decided to accept a so-called recess appointment as State Labor Commissioner. Mr. Mitchell was nominated twice for this office by Governor Sulzer but was rejected by the Senate. The Governor holds he has the power to name Mr. Mitchell for a term to expiry CASTOR I A For Infants and Children.

The Kind You Have Always Bought r. 17 For Fr Exchange Ftirn. Travel brought by Mrs. Marlon Elizabeth Slm-monds, the divorced wife of Phillip R. Simmonds, against the present Mrs.

Slm-mnnds, who was the widow of Dr. Henry Caldwell of Far Rockaway, before she mr.rrted Simmonds. Mrs. Simmonds No. I asks $25,000 from Mrs.

Simmonds No. 1 for alleged alienation of the affections of Simmonds, store. Health Inspector Reutter went down there and found thirty pounds of veal, mostly loin ruts, hanging on hooks In the window and marked for sale. Fitter nifidr. many to the court, but the Justices w.mh! hear none their lined hlin.

CONEY ISLAND ADJOINING STEEPLECHASE PARK NCW OPEN 50TH YEAR Help Wrnierl 4 Vacation ('ottafos. 11 lkrses, Carriages. WVntetl etc Hi 1 Where tu Dine Weli. fc'pleaieat. convening oi may Signature iwrnij uttjB i Li-r I of i itSfislature next January y..