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

i ii- r. THE BROOKLYN DAILY EAGLE. NEW YORE. WEDNESDAY. JULY 10.

1907. MISCELLANEOUS. MISCELLANEOUS. MISCELLANEOUS. 'pjjp' Don't Miss CHECKS MD NOTES OF JUSTICE FITZGERALD ARE LIKELY TO DISSOLVE Reapportionment Tangle Now In a Fair Way of Being Adjusted.

no Greater Opportunity Tor Vour tailoring Wants Can Be Offered Chan this Sale of Cbe Burnbam Phillips Company in which the prices of all Clotfis have been Reduced 25 to 33 Jill fabrics included. Suitings low $20. trouserings as low as $5. Broadway fiOtb Stores manhattan VII (SHY Bearing the name is genuine and the only water that has the guarantee of the French Government for absolute purity. Natural Alkaline Water 1 Used at meals prevents DYSPEPSIA nd cures GOUT and INDIGESTION Ask your Physician his salary except in one stipulated Instance.

In the agreement Fitzgerald said "It Is conceded on the part of Thomss W. Fitzgerald, without reference to other things mentioned In the papers, that he collected the Kempner mortgage of $2,050 and he is indebted on that sum as pria-cipal, together with interest." MANY ELK CANDIDATES. Three in Race to Succeed Judge Mel-vin Lodges Will Parade in Order of Numerical Designation. Philadelphia, July 10 The booms of the various candidates for office in the Grand Lodge of Eiks whih will hold Us annual convention an1 reunion hfre next week, are beginning to make their appearance. There will be many candidates for the several offlres and the contests are ex pected to be spirited.

Three candi dates for the office of grand exalted ruler to succeed Judge Henry A. Melvin of the Superior Cout of California, have so far been named. They are John I. Toner of Charleroi, the present grand treasurer; Samuel H. Needs of Cleveland, a past grand treasurer, and John Fort of Camden, N.

J. The candidates for grand treasurer art John W. Wagner of Kansas City; Ed ward Leach of York and Frank B. Kingsley of Wyandotte, Kan. While these two three-cornered contests are attract ing the most attention the campaign for tho other offices is expected to be quite warm.

Among the cities that have formally announced tehlr intention to make a bid for the 1908 convention are Dallas, Tex as and St. Joseph, Mo. Colonel John P. Sullivan of New Or leans, grand esquire of the order, who ll here looking after the details of the parade, has decided on the general formation of the procession. The Philadelphia Elks will lead the parade, followed by Lodge No.

1 of New York. Then will come the other visiting lodges in numerical order. Grand Marshal Sullivan, expects 20,000 men in line. OBITUARY NOTE3. Adrian Jesse Tyler, a resident of this borough trT mure than fifty years and many years af(j thft srptry of the Sunday school of Plymouth rhurrh, died yesterday at his reii dencp.

Monroe street, where he had llvd for thirty-flve years. He was born In Orange County, x. April 7. l.T. and had besn retired from business some years.

He leaves, a wife, Mary and a son, Abram Ray Tyler, professor of music in Heot College. Wisconsin. Interment will be at Hlnfthamton. X. Y.

Jennie Amelia Bennett, widow of Christopher Roblnaun, died on Monday at her residence. 31' Van Slclrlen avenue. She was born in tho town of Jamaica. She n-as a graduate of Union Hall Seminary and one of the old members of the Jamaica Baptist Church. She Is survived by a sister.

Mrs. Horace W. Miller. Martin J. Gleason.

who died on Monday at his residence. 20 Clinton avenue, was a retired tlnpmith and was born at Flushing, L. S3 years an'- He wan formerly an active Republican and was a member of Knpine Company So. 1 of the Brooklyn Volunteer Fire Department. He wns a communicant of the Church of th Sacred Heart.

He leaves a widow and a daughter. Mrs. Arthur J. Boyle. Mrs.

Sarah Frances Heors died on Sunday at the Church Charity Foundation Home for the Aged. Phe was a communicant for many yeqrs 'f St. Ooorn's Church. She was years old and was a native of Connecticut. She leaves a granddaughter, Mrs.

Alveh B. ot thlft borough. Angoline Vreelsnd, the wff of Robert Mai tin, died at her residence. 1015 Lafayette avenue, Mondav. of Bright' disease.

She whs horn In New York City, Mav 10. 1SW, ind foi twenty-five years had made her home in the Oreenpoint sprimn. Phe was a former member of the Tabernacle E. Church, and latterly of the Janes M. E.

Church. Her husband ar.d one s'n, Edwin, survive ier. Yetrcftv therrf died nt his home. 131 Hey-ward street. Charles Greenbniini, member of Munn Lode.

No. 1W, F. and A. and of the Samuel Tkhenor Society. His death was caused by tuberculosis.

Me vn born in Warsaw, November li. 176. and came to New York when a child He was a master plumber. His widow survives him. John W.

Stevenson of Forty-fifth str died yesterday at his home, of appendicitis He was rn In England In 115. and was a driartcist for some years at Forty-third street and Third avenu-. H' blontred to Sincerity Counsel. R. A and to ihc Catholic Benevolent.

Ies-ion. His widow, Adelaide, two boys and a girl survive him 0 OOOOOOOOOOC OCOCOOGOOOO 0 I THE REALTY MARKET! KiOOOOOOOOOOOOOOOOOOOOOOOO AUCTION SALES TO-DAY. By James L. Brumley, at Real Estate Exchange. Warwick f9t side.

Ill et souh of Libony avenue, 25'xl't. with rwo story and baspment frame dwplling. SolJ to John J. Maloney for Warwick street, west 175 feet south of Liberty avenue, 25xli0, with ons Morv frame dwelling. Sold to E.

Kllder for $2,075. Adolph C. Adler against Herman Adler et al; John C. Ki.nkel. attorney.

371 Kulton sireet: Roswell H. Carpenter, referee. AUCTION SALES TO-MORROW. By V. F.

Felletreau at Real Estate Exchange. Eiuhth avenua. northe.ist corner of Ninth rusf north 10 fee to Eiithth avenue, at couth 111 e.is- 22. south Charles Me-Lnughlin against B. Reeve et Van Matp-r attorney.

IKK Remsea street; Philip A. Brennan, referee. THE COURTS. Church. surrga'e T'i f' fl yesterday r-'iizo il'-wmg wills were to-day: to isicr.

Hoius To lje t' children. Tomaselli ani E. exemplified V'P ai! 'and in I 'assaii r.s'uip, N. to I.ily Kofler; ii! Thomas Wyhe. tor lift- resl'Iiinrv itMs.

children of Thomas' In (live n--tke of settlement, of and d-rr-e admitted pr-bite: Miv'hae; I.dfTey, Edwin Mar. a A. alles. Ran. I'hliippin- IUf'il, Hnri'-t'a Whr J.

Man- R'-rke. Jomna Beers. Ana Maria Thomas Cunmff, James Clark, Ia id Sullivan IV Mors of admirostraMnn isue1: Anna A. William tj'it'in, J-'seph Purrschimdt, Elizabeth I I Pi-Kurnpf. K.ahnna OM-iardt.

Alexander Hanna Tn-n-a Mal'-m-v. J-s-ph Baker, Al-fr-d VY.vkes. I if join rdian' ip isud EiHian M. Ref. Mirv Era is Murray.

Htz Kantr.nvz. Minnie Kmilvni. Samul l.a..-h:mnn. Joseph La. Hannah Mary Bersier.

STY cm! HT. KINC.S COrNTY Criminal calendar, July 11. Tart I. Dike. J.

Jaetano Terra ro. assault, Mrs; degree; charts O'NVH. th'rd degreee, Mazale'ii. Julius Weiss, grand lar-icnv, firsi d'KVf; Sisrftri. burglary, ihlrl degree.

-bert Jobson, aband BEFERFES APPOINTED. BY CLARK. AhMlkml v. Abulkall. John S.

Daven-P-rt. BY MADDOX. J. vi. Ruas-J.

arui others John G. Snjp ins vjnanuc For Shirts OFFER about 4,000 negligee Shirts at $1.15 a great reduction frocj our former prices of $1.50, $2.00, $2.50 and $3.00. Plain and plaited shirts, with cuffs attached or detached, in Madras, estaBv Cheviots, and usheo French Percales Sim al tnis seasn's century stock. Sizes to 18. ASTORPLACE-AND 4AVFNY OBITUARY.

The Kev. William Kirkus. The Rev. William Kirkus of 201 Hart street, who died there to-day, was born May 9, 1830, at Hull, in Yorkshire, England, the son of Robert Kirkus, a Congregational minister, and was graduated at Lancashire College and the University of London, taking the degrees of bachelor of laws (LL.B.) and master of arts (M. Iu 1851 and for sixteen years he held the pastorate of St.

Thomas Square Chapel in Hackney, London, and a church in Manchester. He then decided to take orders In the Church of England. He was ordained deacon by the Bishop of Manchester in 1871 and a year later came to this country and was soon established as assistant to the Rev. Henry C. Potter, D.D., then rector of Grace Church in New York.

In 1873 he was ordained a priest by the Bishop of New York. In the spring of 1875 he accepted a call to the rectorship of Christ Church, Baltimore, which he held for about one year, when he resigned to take up a work In the northern part of that city. The Church of St. Michael and All Angels, with a seating capacity of over one thousand, which was completed In January, 1890, is the result of his work. Early in 1892 he resigned.

Since that time he has lived in the neighborhood of New York, latterly In Brooklyn. Mr. Kirkus was well known as an author. In England he published two novels. One of bis essays entitled "Orthodoxy, Scripture and Reason," wes of much more than passing interest because of its "advanced" teaching concerning certain popular the-ological tenets.

In America his only publication outside of periodicals was a volume of sermons entitled "Religion, a Revolution and Rule of Life." From 1881 to 1884 he was the editor and principal contributor to The American Literary Churchman. published in Baltimore. At the eud of four years a complete breakdown in health compelled him to abanr'na the vnterprise. Mr. Kirkus was also for many years a frequent contributor to the Churchman, the Church Standard, the Independent, the New World and other periodicals.

His widow and eight children survive him. One of his sons, Alfred R. Kirkus, Is well known In real estate circles In New York, and the other Is the Rev. Frederick Maurice Kirkus, rector of Trinity Church, Wilmington, Del. Captain Charles J.

Warren. Captain Charles J. Warren, who for nearly forty years had lived at 1577 Atlantic avenue, died there on Monday evening of apoplexy. He was a retired wholesale flour merchant, and had been for forty years a member of the Produce Exchange and Consolidated Exchange of Manhattan and the Parkway Driving Club of this borough. Captain Warren was born In Now York City seventy-two years ago.

He waB a veteran of the Civil War, serving with the Seventh Regiment, Y. S. In command of Company and he was vice commander of Brooklyn City PoBt of the Grand Army of the Republic. For many years he was a prominent 17th Assembly District Republican and member of the district committee. He Is survived by two sons, CharleB J.

and Wesley Halsted. and two daughters. MrB. William Bird and Mrs. Harry Weed.

John Patrick Kane. John Patrick Kane, president, treasurer and director of the John P. Kane Company, manufacturers of building material and Portland cement, in this city, died yesterday at his home, Huntington, L. of apoplexy. He wa3 born In New Canaan, in 1849.

When 16 years old he went in the firm of William J. S. Peck of New York, and in 1879 formed a partnership with John M. Canda, organizing the John P. Kane Company in 1893.

Mr. Kane was a member of many clubs, and belonged to the Church of the Blessed Sacrament, Sev enty-first street and Broadway, Manhat tan, where the funeral services will be held Friday morning. He leaves a widow, three eons and seven daughters. Edward Moore Osborn. Edward Moore Osborn, senior member of the tea firm of Edward M.

Osborn importers of teas in Manhattan, dropped dead on the street in Bath Beach last night, while returning from the drug store to bl3 home In the Marine and Field Club. Death was said to be the result of heart failure. He was taken to the club, pending his removal to the home of his son. Edward 263 Cumberland street, where the funeral services will be helc Friday evening The interment will be had at Cutchogue, L. Saturday morning.

Mr. Osborn was a well-known expert In tea. and was frequently called as such before the United States Board of Appraisers. He Is survived by two sons, Edward C. and Herbert, and a daughter, Mrs.

R. N. Burnett. S. Augusta Reeve Travis.

S. Augusta Reeve, wife of Daniel K. Travis, the first Alderman from the Twenty-second Ward, In 1868, and the daughter of Adam Reeve, the Whig Alderman from the old Eighth Ward, In the early 5tJs, died ar the home of her sister. Mrs. Beulah Reeve Dunning.

200 Arlington avenue, yesterday, aged 73 years. She was a native of Brooklyn and had always lived here. She Is survived by three brothers. Hamilton, who is pres- ident of the Ann Arbor (Mich.) Unl- I versity; William B. Reeve of the Hotel Hastings, this borough, and George and two sisters.

Mrs. Beulah Reeve Dunning and Mrs. Carrie Reeve Orr. She was an old member of the Greenwood Baptist Church. John H.

Perkins. (Special to the Eaeie.) Riverhead. L. July 10 John H. Per- kins, one of the shellfish commissioners i of Suffolk county and for several years county superintendent of the New York and New Jersey Telephone died this morning, at his home here, aged 45 years Death was due to paralysis and terml- nated an illness of three months'.

The deceased was the son of thp latr J. Henry Perkins, was born here and had always lived in this vicinity. He was widely known and exceedingly popular. He is survived by widow and one daughter. Mrs.

Perk.n3 Is the daughter of the late Charles T. Duryr-a. of Baby- 1 Ion. Funeral servh es will do r.eid at the home of the deceased on Saturday at 1 1 M. The Rev.

W. A. Wasson. of Grace Church, will officiate, and at the grave the Masonic burial service will be said. The Royal Arcanum council will also at- tend; BROTHERS 1 Differences Between Partners In the Big Real Estate Firm are Serious.

A RECEIVER IS ASKED FOR. Both William E. and Clifford Harmon Will Continue in the Realty Business. The information which comes from Pittsburg that William E. Harmon has filed a bill in equity In that city asking that a receiver be appointed for the real estate firm of Wood, Harmon Co.

follows the news published in the Eagle of June 11 that serious differences of opinion had arisen between the partners In the Arm, who, in addition to William E. Harmon, are Clifford B. Harmon and Charles E. Wood. The application for the appointment of a receiver to terminate the affairs of the partnership Is the direct outcome of a temporary Injunction secured by Wood, Harmon Co.

several months ago restraining corporations lately organized In New Jersey and In this state from transacting business under the firm name of Wood, Harmon Co. Subsequent proceedings before Judge Maddox in special teim here developed the fact that Clifford B. Harmon and Charles E. Wood were the organizers ol the new Wood-Harmon corporations, a fact which did not appear in the original proceedings before Justice Kelly in the Supreme Court, and which made known the differences which existed between the partners in the Arm. When William B.

Harmon first had his attention called to the use of the name of Wood. Harmon Co. by others, It is credibly stated thaf he was not aware that Clifford B. Harmon and Charles E. Wood were in any way connected with the new companies.

In the proceedings before Judge Maddox, William E. Harmon, through his attorney, Edward M. Grout, asked that Clifford B. Harmon and Charles E. Wood be named as party plaintiffs In the action to make the temporary Injunction obtained from Justice Kelly a permanent one.

This was opposed by Clifford B. Harmon and Mr. Wood, who were represented at the hearing by W. N. Dykman, as counsel, and who a3ked that his clients be named as party defendants.

The suit to bring about a dissolution of the partnership that has Just been instituted In Pittsburg by William E. Har-mou, In which city Wood, Harmon Co. have offices, as well as In Manhattan and other places, is the logical outcome of the injunction proceedings. At the offices of Wood, Harmon Cd.it at 261 Broadway, Manhattan, to-day, representatives of William E. Harmon refused to make any statement regarding tho suit, other than to express their regret that the matter had been made public at this time.

It was positively stated, however, that the suit was entirely the result of the differences which exist between the partners and had nothing whatsoever to do with the financial condition of the company, which has never been upon a more prosperous basis than at the present time. The opinion was expressed, however, that these differences are likely to prove Irreconcilable and that a dissolution Is practically certain to be the outcome of the proceedings instituted at Clifford B. Harmon, who was communicated with at his office, at 315 Madison avenue, Manhattan, was equally reticent as to making any statement in regard to the action, but he was somewhat more optimistic as to the prospect of an amicable settlement of the relations between the partners and the possibility that a dissolution may be avoided. Mr. Harmon represented the affair as a "spat between brothers," and expressed the hope that matters might be adjusted before a final break would be made necessary.

In fact, at both the offices of Wood, Harmon and of Clifford B. Harmon, the sentiment was expressed that the affair was a most unfortunate one, and extreme caution was to be noted, by those interested, in the effort not to make any statement that would tend to further widen the breach which now exists. It can, however, be stated as a foregone conclusion that unless some new development should arise, the firm of Wood, Harmon as such, will soon pass out of existence. This will not in any way affect the continuance of the activities of William E. Harmon in the real estate field, or those of Clifford B.

Harmon, both of whom have large personal Interests in the realty market in many parts of the country. The principal matter to be fought out In the courts will be the right to the use of the firm name of Wood, Harmon which has become a very valuable assrt, and Is unquestionably one of the best known firm names in the United States at the present time. The bill In equity filed by William E. Harmon sets forth that the partnership was entered into on February 15, 1895, and was to continue for ten years, when It might be further continued at the option of any of the partners. The terms of the partnership agreement directed that William E.

Harmon was to receive one-half of the net profits, and the other half was to be divided equally between Clifford B. Har mon and Charles E. Wood. Later, it is stated, the Interest of Mr. Wood was purchased by Clifford B.

Harmon. The bill goes on to Btate that, later he, William E. Harmon, learned that Clifford E. Harmon and Chas. E.

Wood were endeavoring to incorporate a company under the same firm name, which he op posed. It is William E. Harmon's contention that much of the value of the name Wood. Harmon Co. is due to his personal effort In building up the business of the company, and that for this reason it would be unju3t for others to control the use of the name.

Clifford B. Harmon is at present most interested in the development of Harmon on the Hudson, at which place, it is announced. Madame Nordica is to found her American Bayreuth. In addition to his activities as head of the Wood. Harmon Company itself William E.

Harmon is a powerful factor in the management of the United Cities Corporations that have been organized to acquire income paying properties in various parts of the country. It was to-day that Mr. Harmon's rela tions with th3? corporations would not be affected by the matters now In course of litigation. In fact, it is believed that in the event of a final dissolution both William E. Harmon and Clifford B.

Harmon ill con tinue their present activities, either as separate firms or as individuals. It was definitely stated on behalf of William E. Harmon thai he would continue, under any circumstances. activities in the realtv field. Wood, Harmon Co.

have made themselves widely known in every part of the country by their policy of acquiring larg' tracts of land which they have Bold in smaller parcls to the public upon the teaay payment plan. The same policy is to be noted in the management of th United Citie3 Corporations, which sell their s'ock to the public, paying th dividends which ac.rue as the result of the investments made by the directors of the corporations. The firm has also lnteres'ed itself to some extent in the build. ng and sale of dwellings, and since its formation has Deen remarkably successful in the carry- ing out of its different undertaklng-i. The company h3 at all times controlled large holdings In this borough, as is th case at the present time, although much of Its property hre has in the sev- keral years passed into the hands of pri vate Investors.

Exhibits In Hearing Before Referee on Bar Association Charges. WIDOW SLEVIN TELLS STORY. Trusted Justice Absolutely and Lost About $5,000 J. O. Milbura Is to Testify.

A bad check, worthless notes and evi dence of misappropriation of money figured in to-day's proceeding in the action to remove Justice Thomas W. Fitzgerald from the Court of Special Sessions and to disbar him from the practice of law. Tlje proceeding was in the courtroom of the Appellate Division, before Henry Bacon of Goshen, N. sitting as a referee. Charles J.

McDermott and William C. Beecher, representing the Bar Association, had about two dozen witnesses and a grip full of documentary evidence to prova the "moral unfitness" of Fitzgerald. A good part of the morning session was devoted to the formality ol Introducing the documentary evidence as to the many proceedings against Fitzger ald instituted by private complainants. Justice Fitzgerald's associates on the bench of the Court of Special Sessions have been summoned to appear to-mor row. They will be asked to testify con cerning Fitzgerald's neglect of his official duties.

The chief witness to-day was Margaret M. Slevln of Yonkers, who was one ot the most trusting victims of Justice Fitzgerald. She told of her misplaced confidence and of the misappropriation of money belonging to her. Eugene Conran, counsel for Fitzgerald, was handicapped by the fact that be had to work alone without the help of his client, who, it appears. Is down at Ocean-port, N.

keeping out of the Jurisdiction of this state, In which he is a Judicial officer. Conran's client has been dodging subpena servers for a long time, and he keeps well over the New Jersey line. Several subpena servers were In court to-day, armed with processes to serve on Fitzgerald, but they were not surprised when he failed to appear. Other witnesses summoned to-day were John G. Mllburn, who will be able to tell something about his failure to get his fee of $1,000 for defending Fitzgerald's title to office.

Fitzgerald was paid by the city more than 13,000 to defray the expenses of his side of the contest, but It does not appear that Fitzgerald turned over this money after he won his title to office. Mrs. Slevin's Story. Mrs. Slevln, who Is a gray haired woman of about 50 years, told of her experience with Fitzgerald as her counsel.

She said Fitzgerald had acted as her counsel from 1892 to 1904 or 1SU5. ne said she had given him certain money to be invested. She identified 11 canceled checks as being drawn by her to the order of Fitzgerald and endorsed by Fitzgerald. She said these checks were given to Fitzgerald to be cashed and invested. "The-e were other checks." said Mrs.

Slevin, "but I have been unable to find them. In fact. I think I destroyed them with other old papers of no Mrs. Slevin vas asked if she had ever made any personal Investigation of the properties In which her money had been Invested. She said she had never investigated, but had depended on the word of Justice Fitzgerald.

He had told her that the money was invested In the best of mortgages. She continued to give her money to Fitzgerald fot investment until 1902 or 1903 when she began to have trouble over the Interest. She wrote to Justice Fitzgerald. Letters Demanded Prom Fitzgerald's Lawyer. At this point Mr.

McDermott served notice on Lawyer Curran, calling on him to produce all letters from Mrs. Slevln. He demanded other letters and papers in addition. Mr. Conran said it would take a long time to get the correspondence required.

Mr. Beecher said that time would make no difference to Mr. Conran. "If he had a month he wouldn't be any better off." said Mr. Beecher.

"As a matter of fact I don't believe he knows where his client Is. I am informed that Justice Fitzgerald is out of the Jurisdiction of this state and does not intend to return to the Jurisdiction of the state. He has been in New Jersey for three months, according to my information." "I would Inform ray learned friend that I see. Justice Fitzgerald a great deal oftener than Mr. Beecher thinks," said Mr.

Conran. Mrs. Slevln said her arrangement with Justice Fitzgerald called for monthly statements and payments of interest, bhe told of various sums sne had turned over to Fitzgerald, the total sum belns nearlv $3,000. From the very first Justice Fitzgerald began to fail behind in the payment of interest. He would send her a small amount every month, but always held something back.

"I don't think he was ever even iu his accounts," she said. Efforts to Find Justice. She added that the arrears accumulated until he owed hundreds of dollars. Then i she tried to get some satisfaction from her lawyer. Fitzgerald did not respond to letters, so she came to Brooklyn to tfre him.

He was not In the Court ofi fpecial Sessions, but an attendant gave her an address to which she mailed note, saying she would call ai the court, on Monday. Fitzgerald wrote in response: and asked her not to call Monday, as ill would be the first day of the term and I the busiest day of the month. Then Mrs. Slevin went to Sta'en Island to Ece him. but she could not get near I him.

After that she took all matters out I of his hands. She employed other law yers and had them begin proceedings against Fitzgerald. That was in 1905. John C. Small, a Yonkers lawyer, was! appointed referee.

It. was impossible to get Justice Fitzgerald before the referee Mrs. Slevin identified a check for $119.: drawn by Justice Fitzgerald on the Port Richmond National Bank, to the order of Mrs. Slevin. Mrs.

Slevin sent the, check to the bank for collection, but it was returned as not good. This check was put in evidence, together with a certificate of protest In addition there were put in evidence two promissory notes for $175 eai h. ho'h of which were not paid How Fitzgerald Got Mortgages. The smooth way In Fitzgerald got possession of the mortgages held by Mrs. Slevl'n was described by hie witness She said Justice Fitzgerald sei; to her for ihc mortgages, ani she lei him have them.

He returned them all ep' fc- Phelan mortgage, which was for only $100. She tried to get that back, but lie kep' it. Later he persuaded her to give him possession of the morieases on more. "He sent for 1 hem three times." said Mrs. and finally I Ie him neve them.

He let me have some of bar and at the same time returned the Phelan mortgaRe. "Bu' he kept two of the I have never got them back. Th'-y were the Kempner mortage and the O'Connor The Kempner mortgage was for $2. "50 and the O'Connor mortgage was As proof thai Justice Fitzgerald used the mortgages for his own financial benefit, certain exhibts were offered. One exhibit was an agreement in which Fitz-aerald admitted that he had collected the Kempner mortgage.

ThiB admission was made In a mosi remarkable document in which Fitzgerald agreed to give power of attorney so that Mrs. Slevin could drawj his monthly salary of $500. but with the reservation thai he was to receive half A NEW DEAL ALL AROUND. Direct Nominations Bill Introduced. Metz Urges Governor to Send Special Bond Sale Message Coler Opposed.

(Special to the Eagle.) Albany, July 10 Both houses of the Legislature held brief sessions to-day, but the action taken was such as to indicate a strong probability that the reapportionment tangle is In a fair way to an early settlement. Conference committees were appointed to take up the matter, and the personnel is such as to Indicate that private considerations will have no part In the discussion and will not be intended as an obstacle to agreement. Senator Raines announced the appointment of the Senate committee of nine as follows: Hlnman of Broome, Page of New York, Wilcox of Cayuga, Fancher of Cattaraugus, Dunn of Monroe, O'Nell of Franklin, Heacock of Herkimer, Cullen of Kings and Ramsperger of Erie. None of these men served on the previous conference committee and Senator Raines emphasized this point as a proof that the Senate was fair-minded in its desire to have the question settled. Speaker Wadsworth appointed a committee of five, consisting of Meads, G.

H. Whitney, Mills, Burns and Haran. Assemblyman Burns of New York City Is the only one of the new committee who served on the old committee. The members on both sides expressed themselves as determined to reach a constitutional apportionment. Speaker Wads-worth's attitude is known to be an open one.

"No Ultimatum to Senate," Speaker Says. "We have no ultimatum to serve on the Senate," he said to-day. "We are as anxious as they can possibly be to reach a conclusion. Things look brighter to me to-day than ever before. Senator O'Nell, one of the new Senatorial Committee, said: "We are going Into this to make a constitutional apportionment.

So far as I am concerned, my mind is as clear as a sheet of white paper. I have no preconceived ideas on the subject and no prejudiced ends to serve. It is not a question of persons, but of districts." Senator Page expressed the opinion that the appointment of new committees meant business and that the end was In sight. During the Senate session to-day, Senator Gilchrist introduced a direct nomination bill which provides that the matter be referred to the enrolled members of both parties at the next primaries. Direct nominations are to be put In operation only if the majorities of both parties vote to adopt the system.

In other words, if the Republicans of Brooklyn should vote In favor of direct nominations at their primaries and the Democrats should vote against it, neither party would be permitted to employ the system. In speaking of his bill, Senator Gilchrist said: "I am not willing to see my own party-handicapped by employing the system unless the Democrats also submit to the came system. I am not in favor of the Hughes-MjCairen bill, which has been erroneously called the Travis bill. It would be fine for the Democrats of Brookljn to have the Republicans employ direct nominations while they did not have to." The Senate and Assembly adjourned until to-morrow at 11 o'clock, but the announcement was made that attendance would not be required of the legislators until they are notified. The direct nomination bills of Travis and Gilchrist were referred to the Judiciary Committee in the Senate.

The Gilchrist bill has not beer, introduced in the Assembly, but Asscmblvman Ralstcn said to-day that he expected to introduce it to-moriow. Metz Urges Special City Bond Sale Message. Controller Metz visited the Capitol today and urged Governor Hughes to send a special message for a bill to prevent the sale of city bonds not taken within a specified time "over the counter." The Governor said that he would consider the matter. It was learned that Borough President Coler had sent a letter protesting against the plan. The controller said: "I came to Albany to see the Governor bv appointment made na Monday to discuss with him the details of the proposed amendment to the cahrter which will enable the controller to sell at private sale such bonds as might not be bid for after advertising in the regular way.

Both the Board of Estimate and the Sinking Fund Commission Indorsed the recommendation, and certified copies are with the Governor. When I saw him he promised to give the matter serious consideration, and said he quite appreciated New York City's position at the present time. Surprised at Coler's Opposition. "There is no doubt that there is some opposition to the plan on the part of bond dealers and brokers. I was rather surprised to find that the borough president of Brooklyn, who Is shouting loud-et for money for improvements, had written to the Governor opposing the amendment.

Undoubtedly Mr. Coler has a number of theories from the bond dealers' view which would make the amendment undesirable. "So far as I am concerned, it is not a question of theory, but a serious situa tion which contronis ma cujr. i uu nnt 'needed S23.O0O.0O0. I would not have advertised that amount for sale.

Pay ments of awards, such as tne ueiancy otroet improvement, have been held up for years, ana are arawing per in terest. Tne people want, meir uiwucy, particularly the small property owners, whose property was taken, and they ought to have it. Furthermore, am not cer tifying a single contract tor local improvement until I see money in sight to nnv contractors for their work. A 4 per cent bond even so gin eim-u a as New York City bonds, does not find ready sale, and the bond nouses cannot be blamed for not wanting to load up with them. "On the other hand, an increase of the i rate to iM per at which price thev I would undoubtedly bid them in.

would mean to the taxpayers of New York City i an additional charge of about $7.500.010 to pay for the increased interest-In fifty years that the $29,000,000 of bond3 would run. "We have been authorizing improvements so fast and acquiring so much land for parks, bridge approaches, that the money must be found during this year to pay for a great deal more than usual. Unless this money ran be secured we will be in the same position as a business house which cannot meet its obligations, because it cannot realize on its assets, and we will have somebody coming along taking judgment against the city, and then will be forced Into the market and be compelled to pay much higher Interest. No possible hatm can come from the passage of the proposed amendment." Hastings Quits State Historian's; Office. Hugh Hastings.

State Historian, tendered his resignation to Governor Hughes yesterday, and it was accepted to-day. Mr. Hastings has been one of the most popular and highly esteemed state officers in Albany since his appointment by Governor Levi P. Morton, and there is general regret expressed at his resignation. It is believed that Mr.

Hastings will accept a position as tax commissioner of New York City under Mayor JlcClellaa. nassau Street below Beekman ARE BACK FROM EUROPE President and Librarian of Brooklyn Public Library Had a Good Time LOOKED AT BUILDING TYPES. Administration of Justice Structure in Borne Pleased Ex-Mayor Trav elers Tell of Trip. David A. Boody, former Mayor of Brooklyn, and Frank P.

Hill, librarian of the Brooklyn Public Library, who went abroad on May 9 for recreation and incidentally to study the library buildings of the Old World, returned to-day on the Cunard Line steamship Carmania. Mr. Boody, as chairman of the building committee of the Carnegie Library and as president of the Brooklyn Public Library, was naturally interested in the tour and expressed himself enthusiastically on the subject of the buildings that he saw in Europe. The two men had an audience with the Pope, saw a bullfight and took a chance at Monte Carlo. "I have been In Wall Street," said Mr.

Boody, "for a period of forty years, and I like the opportunities of Wall Street better than those of Monte Carlo." The two travelers were entertained at the Eagle Bureau in Paris. Mr. Ingram, who has charge of the bureau, took them to the American Ambassador and otherwise made their stay In the French capital very pleasant. The most striking building of recent construction that the two Brooklynltes saw was one In Rome, which is used for the administration of justice. "It was a beautiful building," said Mr.

Boody. "and comes nearer than any other to the idea that I have for a central building for the Brooklyn libraries. Europe is much behind us in libraries. Liv erpool has an excellent branch library arrangement. There is also a Carnegie library there.

On the whole, however, we are far advanced in the matter of public libraries. "Weiilanded at Gibraltar and from there vfent to Ronda, where we saw what passed for a bull fight. It was at an agricultural fair, but the bulls had very little chance. We Americans can hardly understand how women and children can be present at such spectacles. "From Ronda we went to Seville, where we visited the famous old Moorish Mosque, known as the Alcazar, the most attractive building In all the world.

At Cordova we saw another Moorish castle, which is also one of the most remarkable buildings 1 nthe world. It has between 600 and 700 pillars and you look down the rows of marble like streets In a city. At Grenada we visited the famous Al-hambra. It is not generally known, I believe, that this structure is three miles in circumference. What strikes an American in Southern Spain is the result of three civilizations Roman, Moorish, Spanish.

"We found the sanitary conditions in all of the large cities of Europe most satisfactory and our municipal authorities here could very well copy from the work done In the municipalities of Europe." "The pavements In the cities of the Old World are much better than ours; the public works, the police departments and other municipal conditions surpass those prevailing in many of the cities here." Mr. Boody said that at the audience with the Pope he found his holiness to be both democratic and formal. Any American, he said, with proper credentials, could secure the same treatment at tre Vatican. Mr. Boody and Mr.

Hill were introduced to Monsignor Kennedy, head of the American College at Rome, and also to Monsignor Walsh. Speaking of his experience at Monte Carlo. Mr. Boody said that it was a strange sight to see both men and women gi to the Casino day after day, but that, from his point of view, it had no fascination. Mr.

Boody and Mr. Hill were both surprised to lenrn about the collision between the Kronprinz Wilhelm and an iceberg, because the Carmania, upon which they arrived, and which yas slightly ahead of the German liner. Bighted the samp iceberg ten hours before the collision. When the iceberg was sighted about ten miles from the Carmania, the boat changed her course to escape the great mountain of ice. Mr.

Hill was very enthusiastic In his praise of the treatment he received at the Eagle's Pnris Bureau, saying that he received manv courtesies from the manager. After leaving Paris, thev went to Great Britain, snent a week In London and attended the Oxford paeeant, which was a vorv affair. On the return trin Mr. Boody was made chairman of the entertainment rommltt.ee. Something like 1 85 was netted, which was a little above the average.

They were both very much interested in the libraries they saw. Mr. Hill said that the building3. of course, were not what they would want to cony for the great Central Library Building to be planned for this city, but that they were very good and In some instances served to give them many points which would be considered later on. SAYS WATCH WAS RECOVERED.

Florence's Lawyer Also Said Her Innocence Was Established. Florence Maloney, 22 years old. of 101 South Fourth street, a guest at a wedding held at the home of Alfred. T. Holi-ensle, a hotel keeper of "42 Liberty avenue, was arrested In the early spring, charged with having stolen a watch worth $55, the property of Mrs.

Hohensle. When arraigned in the Gates avenue court, the following day the girl cried and declared that she was innocent. The case was adjourned, and to-day. when it was called, Florence was in court with her lawyer. The complainant was absent.

The lawyer said that nobody would appear against the girl, as the watch had been recovered and the girl's innocence established. Magistrate Hylan said he would adjourn the case in order that the other side might" explain. LOIR FARES FOR EXCURSION PARTIES One Odd Effect of New Public Utilities Act ALL MUST PAY SAME RATE. Counsel Not Tet Selected by the CommissionMr. Ellison's Name Mentioned.

Until the new Public Utilities Commission appoints counsel and the intent and meaning of many of the provisions of the law under which the commission operates are made clear from a legal standpoint the public service corporations in New York will be at a loss to proceed with many features of their transportation service. Several sections of the law are rather complex In their meaning and none of the members of the commission, although three are lawyers, are Willing to assume the responsibility of giving an off-hand opinion. Section 81 of the new law is the most prominent in the public eye now just because it regulates the fixing of rates for transportation purposes. This section reads as follows: "No common carrier shall, directly or indirectly by any special rate, rebate, drawback or other device or method, demand, collect or receive from any person or corporation a greater or less compensation for any service rendered or to be rendered in the transportation of passengers, freight or property, except as authorized in this act, than it shall demand, collect or receive from any other person or corporation for doing a like contemporaneous service in the transporation of a like kind of traffic under the same or similar circumstances and conditions." During the summer season it is the custom of many railroads to grant special rates to clubs, civic and social organizations which use their lines to make excursions to the different summer and seaside resorts in the vicinity of New York. The amount of the fare of each Individual person is usually gauged by the size in numbers of the excursion parties.

Organizations which guarantee five hundred passengers on an excursion usually receive a lower rate of fare than an excursion party with only two hundred members. Under the literal construction of Section 31 it seems as if the railroads In the future will not be permitted to make these discriminations in the rate of fare simply because one excursion party happens to be larger than another. It would seem, according to the opinion of a num. ber of lawyers who have studied the section in question, that the railroads will have to lay down a fixed rate to the different resorts within the greater city, which will be available for everybody. In Brooklyn this section will apply in particular to the Long Island Railroad and the Brooklyn Rapid Transit Company.

It has been the custom among the different social organizations in the borough to run an annual excursion or beach party to Rockaway. The railroad company always fixed a special rate of fare for these excursions based upon the size of the party. The same is true with the B. R. the lines of which are frequently used for trolley parties.

The company usually based its rentals for the cars upon the size of the parties. The new law, it is believed, will eliminate this discrimination In favor of the larger excursion parties in the future and that all, irrespective of the number of people who attend, will have to pay the same compensation. This section was called to the attention of Commissioner Edward M. Bassett, and while he admitted that he was conversant with its provisions, he did not care to give an opinion as to how it would affect excursion parties as described above. Mr.

Bassett said that all these features in the law would be referred to the counsel of the commission and that he would pass upon them in conjunction with the three commissioners who are lawyers. The commission is now engaged in the process of eliminating names from the large list which has been submitted for the selection of a counsel. Commissioner Bassett said that he and Commissioner McCarroll were giving a large portion of their time in studying the Brooklyn Bridge crush and the Fourth avenue subway. Their investigation has not progressed far enough to enable Mr. Bassett to give an opinion as to what remedies he and Commissioner McCarroll will recommend to improve the conditions on the bridge.

The meeting of the commission this morning was an executive session during which committee reports were considered. The question of employing counsel was rlso discussed. Chairman Wilkox said that the commission as yet had not decided upon the main. He denied that the commifsion had been considering the name of former Corporation Counsel William B. Ellison who was removed on Monday by the Mayor.

It was learned, row-ever, that a number of friends of the commissioners had called at the office at f.20 Broadway and urged the commission to tak up the consideration of Mr. Elli-Fon'si name. Commissioner Eustis earlier in the day gave it as his opinion that it would probably be an unwise policy to engage Mr. Ellison as counsel as it would place ti commission in an antagonistic attitude toward the city administration. Chairman Wilkox dr.Tiiod that the commission was considering he advisability of taking up the merger of the Inter-borough and eMtropolitan railroad interests in Manhattan in view of the decision of Judge Holt that the merger is an illegal combination.

He did not deny, however, thu: the commission the future would probably make an investigation of the merger of the two railroad corporations. I BROOKXYNITES IN PARIS. Eagle Bureau. 53 Rue Cambon. Paris.

July 10 The following Brook- lynites have registered at the Eagle i Bureau: Mr. and Mrs. L. Bertrand Smith. Miss I Ladye K.

Smith and Howard M. Smith. Others who registered are Leroy Schutle. Erie. Edward B.

Armbrus-ter. Columbus. Ohio; James R. T. McCarroll, Orange, N.

and Miss G. Dow-6ell of Cleburne, Texas. I.