The Brooklyn Daily Eagle from Brooklyn, New York • Page 16

16 THE BROOKLYN DAILY EAGLE. NEW YORK. SATURDAY. JUNE 5. 1909.

SPECIAL ADVERTISEMENTS. SPECIAL ADVERTISEMENTS. I SPECIAL ADVERTISEMENTS. NAVY YARD RESTAURANT i SPECIAL JURY GRANTED MARRIAGES no DEATHS STORE LOOTING BY BAY, WhiteHocK KAHLER COMFORT SHOE R. R18bt aDd Left) STOCKING On Sale Only al Oar NEW Store 1160 BROADWAY 271 St.

"KAHLER" Comfort Shoes do not hurt they relieve painful feet. The modified toe and high arched instep of recent forms unite style and beauty. WOMEN'S SHOES 4.50 MEN'S SHOES 6.00 DR. P. KAHLER SONS Surgeon Chiropodist.

Eatabllahed 18S8 You may judge the man by the water he drinksselect people drink White Rock. The World's Best Table Water" IN COLER VS. EAGLE SUIT Appellate Division Says Public Has Interest in Official's Libel Action. JUSTICE MAREAN REVERSED. His Reasoning, It Is Held, Would Preclude a Special Jury In Any Possible Case.

Among the decisions handed down yes terday afternoon by the Appellate Divi sion la one, the opinion of which Is writ- by Justice Miller, which, reviewing tne -special Jury" law, decides unani mously that a special panel of Jurors nouia he allowed, unon ths nroner ap plication, in such Important actions as Borough President Coler Is pressing against the Eagle, claiming uw aamages for libel. At the conclu- lion of ths first trial of the suit, which resulted In a disagreement, the Eagle's n. Oe and and Kuhn. maoe a motion before Justice Marean. in special term, for a special Jury.

Lawyer iarun Lonboy and Mirabeau L. Towns, was then Mr. principal coun- opposed ths motion and Jostles Marean denied It. The Appellate Division nimously reversed Justlci yesterday afternoon and grants the Eagle', request. justices Hlrschberg, Jenkg and Rich sat with Justice Miller i ie argument of the oase.

In hie opinion Justice Miller Bays: "The action la for the ni.hlloatlnn bv me aeiennant of an art cle rhnreine thi plaintiff, the borough preeldent of the oorougn or Brooklyn, with being inter ested In street paving contracts In violation of Section 1533 of the Charter. The demands damages In the sum "The respondent raised on oral argt ment for the first time the point that i-Mf l.i! i for offending Article 3. Section 18 the State Constitution, provides that ihall not pass a private or local hill in auy or hi bo: in awing, summoning, or impaneling grand 1 petit Jurors." It must be conceded at said statute Is a local act, and a' it does provide for selectinz and ppncaoie to Kings county, is a specli o-t 'banter 322 of the Laws nf IRS: Chapter 10. Title 4. Article 2 of the Code or civil procedure.) The statute In oes not purport to be an of that statute, and It Is un- be sustained as being in effect an amend- of an existing act (see People i.

92 N. Y. 128), for the reason that is a general act. containlne sim ilar provisions respecting the drawing of special Juries, which is applicable to Kings County If the nartlcular nrovlslon of the statute In question relating to that subject be deemed to be Invalid. In so far as the act of 1902 provides for ptnv-nt of a commissioner of Jurors for Kings County, it does not of- oonstltutional provision In question.

(People v. Petrea, supra). The general act above referred to 1b Chapter 602 of the Lawa of 1901, as amended bjr Chapter 458 of the Laws ot snid Chapter 602 of the Laws of liMii violated Section 2 of Article 10 of the Constitution In that It provided for the appointment of a county officer by to omcors (Matter or Brenner, 170 N. 185). and it was to meet that deci sion that the statute was amended by said Chapter 458 of the Laws of 1904.

That statute Is applicable to counties aving a population or one million more according to the last fed-ral census, and hence does not of fend the constitutional provision in ical law. (People v. Dunn, 157 Y. 528.) It follows therefore that there Is a valid statute, applicable, 1Mb. 1 i orovl i for the drawing of special Jurors for the trial of an issue of fact, raised in any civil or criminal action.

'So far as pertinent to the question in- volved on this anneal, the statute nrn CHARGE THESE MEN FACE Police Nab Two Suspects Believed to Have Been Working in Brooklyn. OPERATIONS WERE VERY BOLD Two Places of Business Had Good Carried Off in Trucks by Thieves, Both on May 26. Louis Klndler of 155 Essex street, Man- ittan, and Walter Bradhenhere. alias "Lefty" and also "Bansey," of 215 Broome reet. In the same borough, were ar- lgnod in the Adams street court this morning before Magistrate Dooley.

rged with burglary. The two men had been brought from Manhattan by Detec Raphael and John Scott of the It branch detective bureau and Detectives Seleske and McCauley of the local Headquarters bureau. So much Interest in a oase had not been taken by the polkie in months, for it is claimed that the two men have been the ringleaders of a gang of thieves who have carrying on extensive robberies In tatshops in the city. Clothing valued thousands of dollars had been taken. boldly, in the daylight, a wa-jon-load at and there were four recent suf ferers In arooklyn.

The police who are willing to talk say that there has been a remarkable increase in all sorts of burglary In the city in the past month or two, and It would seem that several gangs are at work-holdup men. daylight thieves and bur glars who do their housebreaking In the darn. But the sweatshop robberies hat been so Impudently done that the opera tlons of the thieves began to get on tht nerves of the men higher up at head quarters. Of the robberies in Brooklyn there were two in one day, May 26, when ioi pairs of trousers were carried out ol tne factory of Samuel Helllnger, at 10! Debevolse Btreet, and 149 pairs wen taken from Aaron Lerner's place, in the rear of 390 Stone avenue. The robbery at btone avenue was committed In th presence of one of Lerner's workmen who was sitting on the sidewalk on a chair tilted backward.

It was at an hour operatives were all resting. wagon aring the name "Sheriff Stables Jumped out. He had a bai under his an and he went to the rear wnere the fan iry is. and emerged pretty soon with the bag, filled and over his shoulder. The man on the chair noted nis art inns, thought nothing about it but was Inter able to Identify Klndler as the person with the bag.

It was an hour Doiore tin oisooverv or tne ronnerv ttn made, and the men had driven away. They went to tne Debevoise street shop almost Immediately, it Is believed, and they found that place closed. They broke two locks to get in and they stole $500 worth of property there. Mrs. Greenblatt of 109 Debevolse street bad observed the man who drove the horses and she helped the police later by Identifying Frederick Schultz as the per- ted some time ago by Detectives '''lulev of the local detective squad, and he Is now awaiting action in i.it-e.

nnorner or tne Brooklyn robberies was at about the same time, al Duberstein's factory for making women's skirts, at 315 Osborne street. Brownsville A lot of finished material was taken from there. The detectives of the branch bureau In Allen street, Manhattan, found a it of the stolen property In a cleaner's place r.innon street and in the home of Max Lew at 3.12 East 4th street. Part of rood! found in Lew's nlace was identified as the proceeds of the three jrooKiyn ronrjenes. end Levy and his vife, Yetta, were arrested.

Mrs. Levy vas discharged by the magistrate then Ittting In the Essex Market nollce court. but her husband was held. The woman vas, later, good enough to Identify Kinder and Bradhenberg as two of the men vho brought the clothing to her house, "he result of the discovery of the prop-rty and Mrs. Lew's disclosures to the police was the arrest of half a dozen men who are said to have been concerned in the burglaries in Manhattan and Brook- yn.

"Lefty" Is said by the detectives to noted as a loft burglar. He denies the harge. The two me nwho were hronrhl lo Brooklyn to-dav pleaded not guilty when they were arraigned before Magistrate Dooley. in the Adams street court and hearing In their case was postponed until week. THE COURTS- srriiEME COT-FIT.

APPELLATE DIVISION. and New Turk lr vs. T.iehmann's Sons Co, vs. Marro. Railroad.

Gilbert, if New ijj2 m'a iia', McCarthy. -1 Hutches Hat Co. SCRROGATE'S COURT. liEXl mix RMXTRnN.i. to-day: the1 sum 50: ht" ojKephlne Roe M.l-ie tl the reoj.i.- his wife.

Ell ARRESTED AS VAGRANT. Daniel Halloran. 21 years old, who sai lived in South Brooklyn, was nrreste last night at Bath Bearh on a harge of vagraney. He was arraigned before -iiristrnle Voorhees In the Conev Island Court to-day and the case was adjourned until niesaay. INDEX Clasiin.allen.

PaB Cli "fl-7-ll Found Miscellaneous New Puldleatlnns' Ocean steam.hl,,,. R. E. i E. I to In It MARRIED.

BUSH DUNN On Friday. June at Ralrlawn Morns Hcishts. bv tl De Witt I'eltoi, HAlsiY daughtei of the late William Stuart Dunn, tc FRANCIS DRAKE BUSH. QWYER HA VI LAND On Wednesday. June 2.

1903. at the Tomi kir.s Avenu' Conarcaational Church, bv the Rev. Farkes Cadman. DD. KATHERINE KIKKHAM.

daughter of Mr and Mrs Augustus Haviianl of Brooklyn, to W1L-LETT HAMILTON JURE GWYER of Man' battan. DIED. Barlow. John Hotfleld, Carmon Battenberg. Charles Kavnnagh, Martin Brodle, Ella M.

Montgomery, Mary Burhaus. Cvrus W. Rumpf. John Cephas Dixon. William Sn Wm.

Harris Eastland, James H. Taber, Elizabeth (Funston, Anna 1 Vosj, Wm. C. F. H.

Hamilton. Mary Willis. Olive Ogtlvie. Haslin. Michael Wlnslow.

Delia C. Hegerman. William BARLOW On Thursday. June 3, 1909. JOHN BARLOW.

Funeral services at the residence of Thomas Chadwlck. Rogers and Sullivan st. on Sunday, June 6, 1909. at 2 P.M. Interment at Flatlands Cemetery.

BATTENBERG On Friday. June 4, 1909, CHAR1.ES helnvorl hinshand nf Sonhle Battenberg ugod 58 years. Relatives and friends are invited to attend funeral from hla late residence. 638 Forty-seventh Monday, 2 P.M. BRODIE Suddenly.

on June 4. 1909. at ner residence. 172 Amitv st, -n 'wife of Joseph Brodle Funeral Mon- 11 A.J then BURHAUS-On Friday. June 4.

190.1, CYRUS husband of Minnie Brown Burhaus of Brooklyn. Funeral at Freehold, N. Sunday. June 6. (Coblosklll.

N. Y. papers please copy.) DIXON The Rev Dr. WILLIAM T. DIXON, pastor of the Concord Baptist Church of Christ.

In Duffleld street, died Thursday. June 3. 1909. at 2:22 A.M.. after a brief illness, at his residence.

M0 AdelDbi st. The funeral services held at the Concord Baptist Church of Christ, In Duffleld street, Saturday, 2 P.M. EASTLAND On June B. 1909, JAMBS HFNHY EASTLAND. Kor- late-residence.

1091 Gates av, on Tuesday, June" 8. at 2 P.M. Relatives and mend! respectfully Invited. FUNSTON On June 3, 1909, ANNA beloved wife of Hugh M. Funston.

Funeral from her late residence. 13ns St. John's place. Sunday, June 6. at 3 P.M.

HAMILTON On June 4, 1909, MARY, 'virion, of lohn Hamilton Funeral serv ices at her late residence. 1490 Bedford ov. Sunday, at 5 P.M. Interment Monday HASLIN On Mav 31, 1909, at 67 Fort Creene place. MICHAEL HASLIN beloved Burled in Greenwood.

HEGERMAN Entered into rest oi Friday. June 4. 1909. WILLIAM HEGER MAN, beloved son of the late Jacob and Tdni il.ln 11. t.lves, friends and the James H.

Perry Post, G. A. No. 89. of Brooklyn, are respectfully invited to attend the funeral, on Sunday, June 0, at 2 P.M., from 503 Atlantic av.

Interment in Greenwood Cemetery. The Rev. Mr. Demarest will conduct the funeral services. HETFIELD At his residence Hotel St.

Ceora-e on June 4. 1909. CARMON R. HETFIELD. Funeral services will be held Monday evening.

June 7. at 8 o'clock, at the Bnnti-t Tempi- Schormerhorn si and Third av. Interment at convenience of family. KAVANAGH On Friday, June 4, 190! MARTIN J. KAVANAGH.

aped ill year. Ifuneral from his late residence. 341 Clin ton st, on Mon. lay. the 7th at 9:30 A.M.; thence to St.

Paul's Church. Court end Congres9 sts. MONTGOMERY On Friday. June 4, and friends are respectfully invited attend the funeral from her late residence. 1045 Bedford av, on Sunday, June 6, at 2 P.M.

Interment Holy Cross. RUMPF On June 3, 1909. after a lingering illness, JOHN CEPHAS RUMPF. Funeral services at his late residence, 3168 Fulton st, Saturday, June 5. at 7:30 P.M.

SNELL Suddenly, on June 3, 1909, "WILLIAM HARRIS SN'IOLL. beloved husband of Abbey M. Vreeland. Services at his late residence, 203 Carroll St. Saturday.

8 P.M. Interment private. TABER On June 3, 1909. ELIZABETH, widow of Franklin W. Taber.

Funeral at the residence of her daughter, Mrs. William A. Northrldge, 402 Washington av, Brooklyn, on June 5. at 8 P.M. Interment at White Plains, at convenience of the family.

VOSS Suddenly, of apoplexy, on Thursday. June 3, 1909. WILHELM CHRISTIAN FRANZ HEINRICH VOSS, in the 79th year of his ago. Relatives and friends, also Magnolia Lodge No. 16(1.

I. O. O. and Lexington Lodge No. 310, F.

and A. are invited to attend the funeral services on Saturday evening, at 7:30 o'clock, at his late residence, 180 Berkeley place, corner Seventh av. Interment private. LIS, beloved wife of A. T.

Willi's of 449 Third st. Notice of funeral hereafter. WINSLOW On Friday, June 4, DELIA C. eldest daughter of the late David C. and Harriet A.

Wlnslow. Funeral services at her late residence, 433 Clinton st, Monday, June 7, at 2 P.M. I IN MEM0RIAM. At a meeting of the board of managers 0t the Brooklyn Howard Colored Orphan Asylum, held at the asylum yesterday, the 1 ing preamme resolutions wrre adopted: Brooklyn rd of managers of the Colored Orphan Asylum I withdrawn from this earthly life: there- Renolved, That RUSSELL In sad and loving memory of our dearly beloved mother, CATHERINE M. KTSSELL, who departed this life June 5, 1905 OBITUARY NOTES.

Huh cnmnhell native nf Belfast. Ire and a resident nf sine, boyt dl'-d ThurM.a- of ,,1,1 his eiuhty-sev year, at the Brooklyn Home for AKe Men CONDUCTOR HELD FOR ASSAULT. James Butler, 3 Bolivar street. Brooklyn, a conductor on the B. R.

van held for the Court of Special Sessions by Magistrate Gllroy. at Far Rockaway yesterday on a charge of having assaulted William Lott of 19 Drew avenue. Union Course, while the latter was a passenger oil Butler's car. .11 jjj, lie OPENS MONDAY NIGHT John Mitchell Will Speak, but Unions Will Not Control Admissions. SPECIAL CARDS CANCELED.

Miss Anne Morgan Chief Helper In Bringing About the Innovation. Everybody Invited. Miss Anne Morgan's new rettinnnt in 1" rooKiyn favy lard Is to be formally opened on next Monday evening. ana au employes of the yard and their is have received a aonerni inHi to e' present. Admittance to the yard ill be restricted, after 7-m the Sands street gate, and an extra detail of marines will be on duty to direct the visitors to Building No.

14, In which the new restaurant has been luoianeu ana to prevent a irennrni nve. runnlng of ths yard. mis general Invitation, which was isued this morning bv Mis. Mnmn through Captain Joseph B. Murdock.

to cancel 2.000 sneolal lnvittion that have been Bent out by the commlt- of Affiliated Trades, which has heen co-operating with Miss Morgan and her ssoclates in the establishment of the This action of the commandant In can celling the Affiliated Trades Invitation it considered a disapproval of the er IB which that organization has handled the restaurant affairs. Indeed, committee of the Affiliated Trades, hlch J. F. Walsh Is chairman and In A. Lefebre, Is secretary, has and Is doing efficient work, a an official ttatus with Miss Mc gan as the representative of all the workmen In the yard.

3ut the assertion was made by a few ipioyes not allied with the labor Ions, that they were being discrimi nated against by the Affiliated Trades immittee In the distribution of lnvlta- ons to the festivities planned for next Monday night. Conseauentlv to ward off further erltl. clsm, Captain Murdock after a confer- ire this morning with a of Miss Morgan, decided to Issue the gen- .1 invitation and to cancel all specia, Itatlons Bent out hv tho enmmlttee ol the Affiliated Trades. According to thf original plan no one was to be allowed tne yard un el, a to These tickets are only waste paper now. According to union men.

the charge of m.nauon naa no lounaation Met. The idea of a navy yard restaurant, In the first place, Is a union Idea, and the union men thought It no more than Just that they should be asked to co-operate with the National Civic Federation. The suwsih.n that a restaur, 1... estab lished in the Navy Yard came from Era- Yard, special representative among navy yard workmen, of Samuel L. Gompera, esldent of the an Federation of Labor.

Mr. Adams happened to be visiting the local Navy Yard on the same day that the Welfare Section of the National Civic Federation was Inspecting the Navy-Yard. After the members of the section had been shown the beauty spots of the I bv oflf Mr ed that they take cognizance of some of the unsatisfactory working conditions to bl II Ml ilbje CI II" called particular attentlo nto the lack II accent resiauranis in me vicinity oi he Navy Yard and suggested that if the elfare Section desired to do some real good among the workmen it should start sonaDie prices amia Banuary sur-ndlngs. he suggestion appealed to the women of the section of which Mi3S Morgan was un! they immediately set to work to ure permission to establish a dining hall in Building No. 14.

Trio enter! -vtonaay evening wn llrectinn of Reinhold Sohultz. leader of I he navy yard band. Following this ert, J. F. Walsh, chairman of the Afflli- ited Trades Committee, will deliver an id-lreis jf web Ib'okiiiap, Wththiovo, assistant secretary ol the navy; Captain I Murdock.

the commandant; Rear Admiral Caspar F. Goodrich, U.S.N., to-tired, the former commandant; Mrs. Archibald Alexander, vice chairman of he women department, New i ork and s'ew Jersey section, National Civic Mitchell, vice president ot the American Federation of Labor will dellve A vaudeville programme will follow peeches. Nat M. Wills, the tramp i rlian, and Montgome and dancers, all well to the New York and Brooklyn U1 be the headllners.

Other en's will be John F. Muldoon, Miss Ward. Charles J. Porter an-i public, Frank rollock. Profesoer Joseph Linden 111 be the accompanist.

Ketresnments -III be served. MRS. PEASE DOING WELL. Victim of Garden City Accident Has Regained Consciousness. (Special to the Eagle.) Hempstead, L.

June 5 Mrs. W. Al bert Pease, who was seriously injured runaway accident on Thursday In Garden City, was reported this morning having passed a comfortable night. She Is entirely conscious and the chances favor her recovery. Dr.

L. N. Lanehart said to-day that if no complications set in he looks for Mrs. isted in t.ne case oy nr. roroes nawitt-s if the Presbyterian Hospital, Manhattan.

CRUELTY CHARGE DISMISSED. Magistrate Gllroy, sitting at Far Rock-way yesterday, discharged Thomas Mur ray of Rockaway road. Jamaica, who was arrested last week chargede with per ting his driver, Alexander Chomyl, take out a horse that was lame. Agent Westervelt of the S. P.

C. A. waf Murray said that the horse seemi be better while working than band ne the sta ami tnat ha been advised by a veterinary to take the horse out and work him. BROOK LYNITES IN PARIS. Eagle Bureau.

53 Rue Cambon. Paris, June 5 The following Brooklyn-ites have registered at the Eagle Bureau: Mrs. H. Dickinson. Edward N.

Plgot. L. A. Shaefer. Registered from Manhattan: Mr.

and Mrs. R. R. Cornell. Mrs.

Henry B. Brakman of Paris has also registered. itog-a Helghu and L. fn.WI fiT.Vrr.ETON. J.

v. ill Thnnrnj J. Sefton lrr. 11 THOMAS. 1.

Frlea vs. Wenla. Oscar R. Let By CLARK. J.

i II is of of GET YOUR BASEBALL PICTURE. Eagle reader should with o-aaym paper, they receive a photo, rarure of George H. Hauter. This ar FCtlOU la a particularly fine picture 01 lie young Brooklyn pitcher, and la th of a merit to be Uaued by tb LAWYERS IN FIST FIGHT Little Mr. Wolf Banged by Littler Mr.

Rosenblatt. Wolf Oats a Warrant, and Rosenblatt Rather Proudly Surveys Work. Lawyer Herman P. Rosenblatt lookc iver Lawyer Alexander Wolf with som legree of pride, In the Adams etree yesterday afternoon, albeit the cas. rom a legal standpoint seemed more ee rious for Rosenblatt than Wolf, for thi first mentioned was charged by the othe: vlth assault.

Mr. Rosenblatt Is no inly older than Mr. Wolf, but he ti mailer. He says he Is Just Ave fee tnd half an Inch In the matter of alti ude, while Mr. Wolf Is of medium hulld aim neignt mayoe feet 7.

The occasion of Mr. Rosenblatt's pride was Mr. Wolf's nose, which was done up In adhesive plaster, to keep it together. It had been broken at the bridge. There was also a red ehlnlness about the front of Mr.

Wolf's countenance that betokened what a doctor would call an areea of acute Inflammation. The little man had done It all, and so felt rather pleased. Wolf did not want to have Mr. Rosenblatt arrested at first, but brought him Into court on a summons to show cause why he should not go to a Jail. Magistrate Dooley took It that there might aB well be a warrant at once, and bo the warrant was Issued, and Mr.

Rosenblatt waited around until Sergeant Walsh. In charge of the court squad, could arrest him with due solemnity and authority. And when he was a ted he wanted to 1 how Wolf benan the trouble. It was In front of one of the civil Justice's courts an Fulton street on Thursday afternoon. Mr.

Rosenblatt, appearing for one lltl- had objected to a long adjourn- if a case In the hands of Mr. Wolf, as rnr trie other runt. going downstairs to the street, Wolf, Mid Rosenblatt, began the troubh threatening to punch him. He Invited Mr to get punched without damage to his five feet of spunk, took off his glasses then Mr. Wolf, he says, made i Ipe at him and landed.

Thereat, thi little man sailed In and the broken nose "I told him." said Rosenblatt, "that 1 'as too big to threaten to lick me, fi ou can see that I am a little fello' lut if somebody had not separated the result might have been more seriou tell you. my blood was un. The case Is to be heard in the Adams street court next Wednesday. AUTOS COLLIDE AT BAY SIDE. Cord Meyer's Car and That of Mrs.

Schuett Partially Wrecked Occupants Little Hurt. eral prominent society women of the north shore of Long Island had a narrow from Instant, death or serious In-ury In an automobile accident at Bay- side yesterday afternoon. Mrs. Mever. fe of Cord Meyer nresi- dent of the Citizens Water Company and ommlttee, who resides in Great Keck ith her son.

Cord Meyer. were ridlne large touring car. They turned off Bell ivenue into Lawrence nouievara, anpj as i larze automobile belonzinz to Mrs William Schuett of Douclisi, In car were Mrs. Kinlay of Great Neck and her two daughters and Mrs. 0, H.

Klimper of Douglaston. The front 'Moll and the two rear wheels on Mrs. Schu None of the occupants were thrown but they were badly shaken up. No as willing to say which car was mnslble for the accident All sorts of rumors were afloat rfter tne accident, and some or them that the women in Mrs. Schuett's car were seriously injured.

This was deni by Mrs. Schuetf last evening. The occupants of the Schuett car we on their way to a reception given by Mi C. H. Rickert of Broadway, Flushing, to piniay.

ah or tne occupants or tm Schuett car were able to attend the reception. E. PLATT STRATT0N IS HOT. College Point Man Scores City Officials for Neglect of Queens Borough. E.

Piatt Stratton of College Point, the One Hundred, in an Interview last flcials are rontinualy making fools out of the residents of College Point and ridiculing them. "Their actions are not backed up by good common sense." said Mr. Stratton, "and It Is up to the people of Queens County, as well as College Point, to unite and demand something. "Take the College Point causeway improvement. That thoroughfare is used more than any other road In Queens County, yet the elty officials have refused to Improve It and to-day It Is In very bad condition.

The College Point Taipayers Association has been asking the city officials to improve this thoroughfare for years, and they have been put off with all kinds of excuses. "It Is an outrage. The city officials claim that this thoroughfare does not belong to the city, but I have facts show that It does. The causeway was originally built by Dr. Muhlenberg 1840.

at an expense of $1,600. Later Mr. Poppenhusen widened the thoroughfare and In 1855 the town of Flushing aooronriated suffleieni money to Im prove the road and accepted the highway land promised to keep it In repair. was subsequently recognized as a county road, and has been such for "About J35.000 has been appropriated for Improving this thoroughfare and the contract was at once awarded, but In some mysterious way the work was sidetracked. The cost of this Improvement was to have been paid by a-; nnon the residents of Colleee Point.

and It Is an outrage." GET YOUR BASEBALL PICTURE. Basle renders nhonld are that, with to-dar'e paper, ther receive a photo- ieorice H. Hunter. Thla art particularly line picture rnoklrn pitcher, and la the fourth of erica to De ueuea py the LOST AND FOUND. gold WATCH; 1 CANARY BIRD.

aamo by proving Jrs. W. H. STEV- ATJTOMOBILES. NEW PLANS FOR PACKER Beginners' Class to Be Introduced in Primary Department.

Additional Courses in Science and Physical Training Arranged for the Coming Year. The Packer Collegiate Institute announces that beginning In 1909, children who have had no previous Instruction In school will be admitted to a beginner's class In the primary depart ment. Applications for membership in this class should be made, if practicable at 2 o'clock on the afternoon of anj day of the school week ending June 11. Until the present time, for admission partment a child has had to have an i entary Knowledge ot reading, writing jelling ana aritnmetic, out now a ci amediately above the kindergarten sen Instituted. Thla change Is but one among a set interesting modifications which have been planned for next year for both the primary and college preparatory grade Chief among these Is the introduction of course in elementary science, wuicu '111 run through all the gradeB in these iwer departments.

A special laborat ill be fitted up for the use of these younger pupils, where they will have an opportunity to observe the phenomena of nature. The courses in physical traln Ing will also be considerably extended, and with this end in view alterations will be made In the building during the com ing summer. New teachers have beea engaged for the departments of science and of physical training. All the sub- iii .11 iioron: i I i in or specialists In tne various linen. In reeard.

to the requirements graduation, there has been an Increase In tp numDCl- ot courses running requirements. These, which were formerly limited to Latin and mathematics, will now Include, in addition to the two Some of these changes in curriculum id system are quite a radical depart Dm the usual policy of the Institute I 11 orove of peculiar interest to naugurated under tne muuiiiisi.i iuuii the new principal Dr. Goodwin, they are mainly a development of plans projected during Hi- lifetime of Dr. Backus. It iimi favorably by the members of the Alumnae Association, as they are In line with some suggestions presented at a meeuus-of that body last spring, which are awaiting the consideration of the committee of instruction.

These suggestions Included the Introduction of certain courses In domestic science and manual training. ONE HELD; ONE DISCHARGED. Two excise cases were before Magistrate Gllroy In the Far Rockaway court yesterday morning. Paul Banquln of Canal street and University place, Wood-haven, was held for the Court of Special Sessions under $1,000 bail, and Michael Cusick of Hammel avenue and the railroad. Rockaway Iien.li, was discharged.

PROPOSALS. FOR III1IS AMI EST1. MATES FOR THE CITY. OF NEW YORK. NOTICE TO CONTRACTORS.

GENERAL INSTRUCTIONS TO BIDDERS. The person or persona making a bid or eati- pllea for The City of New York. York, or for any or offlcea shafl envelope. Indorsed furnish the same In' a with the MtWof the SeddBtr'of the'presonli Icly opened by i Board of Alderman, hen.1 of l6f ShTmt-et'ottWa''aty of as' contracting "'pl'rtyi if the party or partlea imnanled by City of New Ynrk. ney ihould not ba italnlne the hid ol r-onnllv.

upon tl unt of their ame In flmrci" Blddf arequeatedto forrn appro 'id by beobUlncjpon the court below, might with propriety aaaresseo. to tne legislature. 'It Is true that fie statute for special Juries Is permissive la terms, while Section 1063 of the Code of Civil Procedure soeclal. not for a struck, lurv. The mo tion In the Jerome case was for a struck Jury, but the court, deeming for reasons siateu tne provision tor a special jury ai a substitute, held that It rested In thi discretion of the court to order a struck or special Jury, and ordered a special Jury.

The practice In this case of moving for a speoial Jury followed the rule thus EAGLE RESORT DIRECTORY Handsome and Valuable Booklet With To-morrow's Paper. Volume of d4 Pages, With Detailed Information for Vacationists, la Best Tet Published. The Eagle Summer Resort Directory. 'hlch will be presented to evesy reader to-morrow's Easle. la the handsomest and most comprehensive publication of lt4l kind every Issued oy this newspaper.

Is a handy volume of 66 pages filled with information for those who are seeking i place for rest and recuperation during th months. The cover Is Ornament ed with an attractive reproduction of a pretty "Maud Mufler" type of girl, who eonis to smile a pleasant Invitation to 11 city dwellers to come out Into thi country and help to rake hay In thi meadows, or to rest In the shade of the splendid trees that form the background of the picture. One of the most striking features ol the book is a lerlos of maps showing the Adlrondacks, the Catskills, Connecticut, the east side of the Hudson, Long Island, Massachusetts, New England, New Jersey, Shawaogunks and Sullivan County, on tb5 west side of the Hudson, bo that a vaca tionist can get a very clear Idea of the locations of the various resorts described In the volume. The list of resorts Is complete, and full Information as to hotels, boarding houses and farmhouses that receive guests 1b given. Such Interesting data as the dis tance of each house from the depot, the number of feet or miles to the nearest water and the accessibility of neighboring golf links, Is given In such a concise, handy way that the reader can tell at a glance whether the place is suited to his needs or not.

Terms, wnicn are most Important to the average summer pleasure-seeker, are also given, and all of this helps materially In a quick and satisfactory decision of the usually troublesome question of "where shall we go?" The Immense amount of Information contained in the book has been gathered ith the greatest care, and Infinite pains have been taken to insure accuracy In very detail. For the Information of tourists there 1b list of all railway depots In or near ew York, and another list giving the icatlnn nf the Bteamshln nlers from hlch steamers leave for all parts of the Any facts, descriptions or other detailed iformatinn that mav be desired In con nection -with those contained In the Sum mer Resort Directory may be obtained at the Eagle iniormation Bureau, wnicn he most anxious Inquirer. OBITUARY. Mary Jane Montgomery. Mary Jane Glllen, wife of William Montgomery, a life-long resident of the 9, died yesterday of apo- nue.

She was a member of the Church of the Nativity, and leaves her husband, wo aaugnters, Mary ana ueuevicve, ttuu four sons, William, John, George and Joseph Aioysius ocuuiy. Alovslus Scully, who went to Saranac Lake on the 20th on died on Wednesday oi nearu failure at that place. Funeral services held to-day at waivary emeiery, 'here the Interment was made. Mr. Scully lived at 371 Eighth street with his mother Mrs.

Ida A. Scully, three brothers mi four Bisters. He was a civil engi neer In the employ of the Clinton Point Stone company. no was iroru in First Ward, October 14, 1886, and longed to St. Thomas Aquinas Church.

Elizabeth Van Dusen Taber. Elizabeth Van Dusen, widow of Franklin W. Taber, died Thursday of pneumonia, at the residence of her son Frank, at Union, N. while on a visit. The funeral services will be held to-night at the residence of her daughter, Mrs.

Will-lam A. Northrldge, 402 Washington avenue. Her husband was a well-known lawyer of this borough. She had lived In Brooklyn many years ana was a member of the Nostrand Avenue M. Church.

She was born seventy years ago ana uvea tor some years at Pat-chogue, L. I. She leaves three sons, Frank and Charles of this borough, Edward of Patchogue, and three daughters. Mrs. Northrldge, Mrs.

William P. Wood of Rldgewood. N. and Mrs. John Isaac Becker of Hudson, N.

Y. The Interment will be at White Plains. Anna Dickinson Funston. Anna Dickinson, wife of Major Hugh M. Funston, died Thursday, at her residence, 1303 St.

John's place. She was for many years a resident of Brooklyn, her early life having been spent in the Eastern District, and her father, the late Dr. John Dickinson, was a well-known physician of that section. She was born In Manhattan. March 11, 1839, and was of Quaker parentage.

Her husband Is a Civil War Veteran. In September next Mrs. Funston would have been mirried fifty-four yeirs. She was lone a member 3f the Bedford fresoytenan Church and Is survived by her husband, a son. Harry HONORS FOR BROOKLYN GIRL.

At the commencement exercises of the Academy of Mount St. Vlncent-on-Hud- held on Tuesday, June 1, the Hughes gold medal for the best original essay Domestic Economy" and the Leo XIII silver medal for excellence In church ry were awarded to Miss Alma Theodora Madden of the class of '09, Bee- laughter of Mr. and Mrs. Theodore A. Madden of Willow street.

"Where, upon such application, it appears to the court that by reason of the importance or Intricacy of the case, a spo.bal jury Is required, or that the subject-matter of the indictment or the ue to be tried has been so wldelv mented upon that tbs court Is satisfied that an ordinary Jury cannot, without delay and difficulty, be ctjtalned to try such Issues, or that for any other reason the due. efficient and impartial administration of Justice in the particular case would be advanced by the trial of such an Issue by a special Jury, the court to which ihe motion is made may make an order directing that such trial be had by a special jury, and such trial shall be had accordingly." It will be observed that the statute specifies In the disjunctive different reasons for granting the application. Eliminating all but the one deemed to be particularly applicable to thin case, the statute would read as follows: "Where upon such application, it appears to the court that by reason, of the importance of the case a special Jury is reouircd. the court to which the motion is made may make an order, direct. Ing that such trial be had by a special jury, and such trial shall be had accordingly." The learned justice before whom tin- motion was made was of the opinion that the case was important, but denied the motion upon the grounds not neces sity to comment upon furtner tnan to say that they would preclude the drawing of a special jury in any case.

"The reason for granting a special jury, now under consideration. Is expressed by the statute tne language round in section 1063 of the Code of Civil Procedure which provides for a struck Jury. A similar statute was passed in this state al early as 1801. (See Laws of 1801, Chap ter 98. Section 22.) It was early held in this state that a case of public interest was Important within the meaning of the statute, and it was the settled rnle to mil.

a struck jury in actions by public oni-ials 'or llbei respecting omciai cor duct. It has lately been held bv thi uurt in the First Department, that that mln sustained bv both reason and au. thority, and should' still be followed. (Je rome vs. lorn evening journal run.

124 App. Dlv. 372.) The opinion of Mr Justice Laughlin rites the early cases, and comments upon the case of Adams vs. Morgan (21 N. Y.

Supp. 1057), which is cited bv the respondent on this appeal as authority for the contention that a different rule prevails in this department. As noted by Mr. Justice Laughlin, the General Term In this department was of the opinion that the Adams case was important only to the Immediate parties. cannot be said that the present case is Important only to the immediate parties.

The public are interested In the Investigation of a charge that so Important a 1ms faeen personally Interested In city Manv facts are adduced by the appelant in sunnort of the claim that the ease intricate. If the case Is Important within the moaning nf the statute. It is unnecessary to enter Into the consideration ihe merits of that claim. The decision upon the grouirl of Its Importance as as of Its intricacy, and. as already 11-ved.

either ground suffices for the granting of the motion. It Is unseemly rent departments of the same court, cially In the same city, and Irrespec-of our Individual respecting the tractive of ordering special Juries In this class of cases, we should follow the rule adopted by the Appellate Division of tne irsi uepartmeni our or respect ror the decisions of that court and regard for the orderly admlnl-'ratlon of Justice. "We have nothlnt'o do with the nollcv tha law. The arguments addressed to us by the rAipondent, and which prevailed.