BATOTDIT APRIL w 1008

Showers today and tomorrowtemperature

10L LXXILKO 241 NEW YORK SATURDAY APRIL 29 1905 IW fc IWMPRICE TWO CENTS

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MAYORS CHARGEr

Says the Pennsylvania H R

Threatened Him

VETOES FRANCHISE BILL

Railroads Men He DeclaresHim Theyd Hold Legislature

ffonlrtnt He Prntilttrd to Adjourn lieM Until 11111 I nrpaufd If lieVetoed It Time

In 8hnw the Corporation That It Can

J not Control New York It ControlsPennsylvania and New Jrney Public

Duty to nrtlit such ImoienceDisclaIms Any to Mtlr tp-

Feellnc AKatntt the Corporation

Mayor McClollan vetoed yesterday thetill depriving the Aldermen of all powerover granting franchise In an accom-

panying memorandum trie Mayor after re-

viewing the legal reasons against the billuses plain language about the Influence

cf thn Pennsylvania Railroad over legisla-

tion and Ray that it representatives toldhim that the Legislature would not ho

permitted to adjourn until the bills were

famed over hU vetoThIs part of the memorandum reads

Having stated theee subntantial reasonInherent in the propositions presented

now offer a more important one although-It arises from an incident in the history ofthis legislation

The chief cause alleged for the actioncf the Legislature Is the tardiness of theBoard of Aldermen to act on the applica-tion of the New York Connecting HallwayCompany for a franchise to operate a roadthrough portions of the city The NewYork Connecting Hallway Company Is said

be controlled by the Pennsylvania Railroad Company and this corporation Is thepromoter of the agitation to deprive theBoard of Aldermen of this power over theranting of

I hare nothing to do with the meritscf the dispute between them and my attitude would under the circumstancesl e unchanged no matter on whose side themerlu were

the Pennsylvania Railroad Companybut a few years ago acquired a foothold-in this city but it seems determined toexercise jtai power over public official hereM lth aol a W tn M iiln uly madeplain to me Ita ability to crush all opposi-tion to its plans

Ita representatives have come to meIn the Mayors office to advIse me that ifI did not accept these measures they wouldnevertheless be passed over my veto Iwras urged should I decide to reject thebills to do so promptly no as not to needbncly the Legislaturewhich would not be permitted to adjournUntil the bills were repaased

This corporation which has BO longdominated tho States of Pennsylvaniaand New Jersey should be taught that itcannot grasp the government of New Yorkor take away or transfer power from publicbodies who whether for good or badmotives fall to do Its bidding Resistanceto these mea ores on this ground public

of the erf

Told

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franchises

prolong lICtISlon oCt be

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I have no desire to Inflame any prejudiceagainst corporations as such They havetheir rightful purposes But I believefbat unless such manifestations of insolenceare rebuked the evils they may engenderwill Imperil the peace and security of ourgovernment

his mmuage the Mayorpays that the only argument advanced Infavor of the bills was that the Aldermenhad committed an abuse of power in tailingto act with sufficient promptness on certainrailway franchise applications On thispoint the Mayor says

The proposed amendments are designedeither on the theory that such an

could not be committed by theHoard of Estimate and Apportionment orns a punishment to the Board of Aldermenfor Its alleged remlssnew

The Board of Estimate an d Apportion-ment If granted this power is capable ofnbming It and being composed of fewermen could do so probably with greaterMe 80 that the argument based on theabuse or power Is clearly illogical andtime IK no assurance that much will beRained by the change

If the amendments are proposed as apunishment of the Board of Aldermen

same power may be held In reservefor the chastisement of the Board of Esti-mate If It to use its authority as

and no the Influenceswhich oars Induce and control legislationcould continue to slilft those functionsfrom one sot of officers or boards to another until one could bo found complacentenough to stilt

abuof

the

falL

lower

may-be

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Annuming that the Board ofmay tw at fault the remedy attemptedI not the proper one In inconsistent withour governmental theory and Injurious-to public Interests

The people have the power to replaceunfaithful publlo servants with faithful

To Imply that this method f reIs ineffectual is to doubt the efficiency-

for purposes of government of a systembuilt upon universal suffrage

Furthermore the argument drawn fromoil of power could be urged with

against of government-and every public the Presidentdown

I am no apologist for any Board of Aldermen pus or present and what I say Is

on the common sense of the situa

The Board of Aldermen under variotuinames bu been a continuous body In ourcity system from a time long before wehad a Stale government While I amquit clear that IU fame has not alwaysbeen creditable to Itself or to the city

this fact on every revision-of our Charter the menof exceptionalpreserved the body with the Importantfunction of which this legislation

deprive IU U It become

one

abu for

bud

rYe away

M-at

not-withstanding

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the interest of the city to abolish thi boanor curtail Ita powers It should be dononly after mature deliberation by measureframed by the most capablepersonally disinterested citizens with aieye single U public advantage and In thespIrit of home rule

Disappointed private Interests shoulcfind It unavailing to carrylhelr resentmento the point of Inflaming publlo prejudiceand Inducing the State Legislature to favoiill considered measures with no real publltgood In view

These considerations however are nothe only serlom ones which warrant mjrefusal to accept the bills At the publichearing before objections wore ralsecinvolving the constitutionality of the moosurea I am not disposed to assume a Judlcial attitude on this question That ifnot neowwary It Is sufficient to say thaithey raise a doubt which could not lw settletperhaps for years and then only after longlitigation Should It transpire In the endthat their contention was right thecondition would be Intolerable and itprogress arrested in the Interim might 1

retarded for years It In unwise If therewere no other reason for objection to ex-

pose the city to thin uncertainty anddanger

fior iiinns i r irant Story In That lip to Know What

to Ita the Mi ciri ChanceOov Higgins came down yesterday from

Albany and remained in the city for alittle than four hours Ills hurriedvisit led to innny rumors ns to Its purposeOne of tho reports that he had cometo talk over the mortgage tax measurewhile Another wa that he had heard of

the the Mayor to charge thatthe Pennsylvania Railroad able to con-

trol the legislature and wanted ndvlceon what to do about the franchise hill

So far as could l o learned the only publicoRldal the Oovemor saw wni Collectorof the Port Strnnahnn and n the Governornever to see him when he H inthere wag not much significance inAt the Albomarle lintel where the Governormakes hi headquarter It won said that hehnd mini down from Albany nolcly for privatet-

nmineM

u off sEtinEd TIOX of VICE

titladelplila flranit Jury So nrnarta MlnInters Find Kliorklnc Cnmllllon-

PiiiUAnEUPHU April 28 By an odd coincidence the committee of feven apolnted at a meeting of clergymen to In

oatlgate conditions in this city gave outt report for publication today at the prolne hour chosen by the April Grand Jury-or the flllng of a final prn tttnent to therimlnal Court In which tht egregation of

and the licensing of houses of 111 reputere recommended

The report of the ministers committeelays that conditions In the Tenderloin haveicen Investigated and found to be abolutely Intolerable The committee In

Bishop MackaySmlth Father D Ipastor of Ht Marys Catholic

Church nd the Rev Floyd W Tomkinslie rector of fashionable Holy Trinityhey say that they personally investigatedondltiona

One part of the report declares that thereas been obtained positive evidence that

white slave syndicate which bartersoung girls for reasonable prices isthing In the city It Is declared

heck system Is used and that the wholehlng goes on with the direct connivance

f the police deportmentMayor Weaver is nuked to demand an

xplanation from Director of Public Safetyavid J Smyth The demand is madehat the law enforced and all the housesslotted up This in what the April Grandury recommended when it ended its termo day

We recommend that houses of ill reputeo licensed within limits and

nder the of the Board oflealth are opinion that theselaces are a necessary that the

way to teal them I to confinehorn one district and to make them an-

jlerablo as possible

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TIT inn nirn run nnoTiirnnun Over by Funeral Coach as site Imltrd

Him Out or theTiny Pnrxannnn 4 years old started out

yesterday to find her brotherTony who had wandered away from theirparents flat on the top floor of 209 EastThirtythird street She located him onthe of Thirtyfourth street atThird avenue atoward the Long Island ferry

carriages to

in the wide to passchildren darted through They were near-

ing the curb one of theteams frightened rumble of anelevated train overhead brokefrom the line and started themplunging frantically

the same moment awayfrom his sisters to pick up aorange that from a corner fruit

tried to pull him to the curb Her strengthfalling she ran behind him andhim out of harm At the same in-

stant one of the horses struck her downand the next moment tho wheels of theheavily laden coach rolled across her chest

Rhlre and Detectives Winters andKane who were at the cornerwhen the team took fright ran to stop itWinters grabbed the nearestclung the while Shire picked-

up unconscious girl and carriedthe corner drug store

When arrived from BellevueTiny was breathing but He ranhis over the thetf

gigThe for

of heras an

two

role The

ho

flinty

flap

little theline pas She grabbedlittle brothers she saw

The

stand liis feet

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shooktake her home if know where-

It Is he told Shire Sbe wont liveto reach the hospital

the addressfromthe corner fruit seller and volunteered-to carry her in his arms

it wont be so hard for themother If I her home and explainhow the brave little thing died he

John Titus of M 7 street driverof runaway was arrested heldIn 1000 court The oc

of the coach climbed Into otherand on

CRUSHED TO VKATIT ir mo PIPEnow Started It foIling and Then Fell In

Front or It

James Burns the fourteenyearold son

of Policeman Michael Bums of theland avenue station In Jersey was

to last a large ironwater Bright street that Heran several lengths of

in the gutter and oneweighing over a ton throwing him

on ground The overhim causing lived atta treetOLD COMFORT niCOMOND AXD-

ut M

tour M r fTl lUllroad

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REPORT OUTS GAS TO 75 CENTS

CUMMITTKI llSO Ut-

EHS IltlCE OF KLKCTMCITY-

Kilahllitinirnl of a Slate MihtlnR CammlMloit or Three lUeommenrted Hill

Pinter to time Ntamlard or u ll

The IIIIU Wont io In Vntll Jlpnilay-

AinxNT April 28The Stevens SewYork city lighting Investigating oomtnltteitonight held a four hours session laatlnfuntil midnight and formally adopted Itireport which will be submitted toLegislature tomorrow The report recom-

mends the reduction in the price of gaifrom 1 to rents per thousand feet ireduction In the price of electric tight f ronIS cents to 10 cents a kilowatt and the tal-

llnhment of a State Lighting Commlxolonto have the sauna control and supervisionof and electric lighting corporations ir

ax State Railroad CommUslorhas of railroad corporations

The committees report will recommendpermitting New York city tc

tnbllHh a municipal electric lighting plantusing only the power which can Iw genernttxl from the water which Is Impounded-

in Ulster county and to an extent sufficientonly for the purposes of increasingYork citys water supply to an adequateupply

This committee lllevprt will not be

more than sufficient to afford electricalenergy to supply the lighting facilitiesrequired by only This precludesSew York city from taking water fromCUter county to an extent that will enableho city to supply electric light to privatewnxutner

Tie Public Service Commission it to com-

prise three member to bo appointed byIhe Governor and its powers and authoritywill Ixi flmllar to that exercised byMawnchunelU Lighting Commission Be

lido the above recommendatloaf thn corn

iiittcfn report mnkenothern giving the prox s l new State Publlo Service CommisMo-nluthorityto fix a standard of light to I

furnished and to make rules regulating theirosHUrn of air through gasThe committee In lt report points out

it Is Just en Important that the gnu

companies should be supervised by a centralauthority regarding tho quality and

of gas that is pushed through aripe as It is to fix a low price

The minority Members read the report-or the first time tonight which wee reponHlble for the lengthy meeting of thexwimlttee They left the committeeng without signing the report and It ex-

eeted that they will submit a minorityeport Although It la said that the reportrill be submitted to the Legislature tonarrow It was said that the bills carryng out the recommendations of the cornnlttce will not be Introduced until Monday

nIght as they are still in the course of

AAsemblyman Merrill Insisted upon onehlng In regard to the Publlo Servicenrnmbwion and thatWSjitHaVTlfelexc-nsos of the Commission should be paidut of the State Treasury and not

rata upon the lightings are the expenses of the railroad comlisslon and the banking and Insuranceepartmentfi which are paid by the ocrorations which they supervise respecjvely

Tho committee makes a strong recomlendatlon concerning the inspection ofo and electrio meters and devolves the

of performing this Inspection uponommlwloner Oakley of the New Yorkity Deportment of Water Supply andUectricity

The delay In introducing the bills carryingut the recommendations of the committeei tho result of an attempt to draft generalleanure which will not necessitate themelng sent to Mayor McClellan for

approval at would have to be done withmrely city measures It is thatime of the bills to carry out the recomlendatlonii of the committee cannot be

except in a manner which willthem being tent to Mayor

IcClellan as bills

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Senator Stevenn and hU colleagues weretoo zealous for their own welfare In sittingup all night at the Fifth Avenue Hotel inNew York lout night In order to out thereport Senator Stevens supposed that thereport wa to bo handed in to the Legis-lature today For that reason he hadhimself his Republican collerfguen andcounsel work until 4 oclock this morning

the report Then they hustled forEmpire State Express hoping to get herebefore the Legislature adjourned-

But they were frustrated at every pointThe Odell triumvirate of legislative loaderswanted to that report before it washanded in Rna they did not propose to letthe Legislature see tt until they had easttheir over tho secrete containedIn the voluminous looking document thatSenator Stevens with so muchcare embracing 35000 words

Tho Odoll triumvirate Speaker Nixonand Senators llamas and had yes

the members of theLegislature that today would be a regular

of of theshort tension that characteri7

Fridays and each house had a calendar ofbills something changed thatgram for today was a most unimportant-one legislative mattersrushed calendar of thekeeping one on Majority Leader lingersand other on the

The Empire State Express i duo Inat At 1044 the As-sembly until tomorrow morn

on

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lsoon as the Stevens oommitteo reachedIt went to the Hotel Ten Eyck andSenator Stevens called Senator

Italnes on the telephone and told him them

was to He hadtelegraphed Senator Ralnm to this

New York Before themittee oould the two blocks from thehotel to the Capitol the Senate had

members of the committeeSenator and Assemblyman Palmerhad not report SenatorStevens announced that committeewould meet in the Senate Finance

rooms at 3 oclock this afternoonthe Democratic committeemen

to toad the At that Odelltriumvirate entered the

room and considered the reportwith the Republican members thecratlo excluded

After the triumvirate hats read the reportSenator Stevens celled a meeting

at 8 oclock tonight It was B4ft oclockwhen the accompanied

the to the Senator room SenatorGrady and Assemblyman Palmer were Inthe they time bedan opportunity to see in the

to ard conferred withBtevma concerning the report

her

elect

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mmiehurt

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Besator

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t TKIlMt KHS MTO HKU 11

Too Spent Mali Ihr Cni Frlnuli Warn

ln to lji rr Came TrueHnmiiel tfntennyer the lawyer lft hi

ortl n at M Broad street at 630 ooioclyesterday afternoon and Htnrtcd for hli

home In Yonkers In his automobile As hi

Marled away a friend yelled after him

Look out now and dont get arresterfor

No fear cried buck the lawyeralwayn go slow

henry 8een on tIme lawyers driver ratthe machine and lie went north on Broad-

way At Seventieth street he let out tnotch and two bloolot further on Hlaycli

Policeman Kupfrian of the Went Sixty

eighth street station avers that the Intcrmyer automobile was fracturing speed

law chased it and at Seventyeighth street overhauled the niHchlno

When he Btopid it Mr Unterrnyerneomw

surprised and then when he thought ol

the warning of hi friend when he startedoft he had to grin The driver ran the oai

the Went Sixtyeighth street station

escorted by time bike cop Mr Lntermyeisaid he wanted to give lull fornnd aHked the leak sergeant bow much

was roqtilrod The sergeant said MOO wan

sufficientThen 1 my house at 07 Fifth

avenue will cover It wild Mr Untermyer-

He gave the lions as surety without

putting a on it Then he storied away

to re uino interrupted trip to Yonkers

HfKK IVO IHtlYKIt TOO SWIFT

Tnliiren Mum llrltl tp on Trlnl Trip or-

e IniiNirtril tuturtomar iriinter of 30 West Sixtysixth

street who drives an automobile for J I

Duke president of tho Arnerimn Tobaccowas in tho West Side

court ypittcrdny charged with running

his machine at twentytwo miles an hour

The automobile was a brand new to horse-

power cur that Mr Duke had iuld theon and he was taking

it at the true of the arrest Bicycle

Policeman Kupfrian of the West Sixtyeighth street station who mado the arrestsaid that ho followed the machine fromHlvernide Drive and Soventycecond t

to Broadway anil Sixtyeighth streetThe art was mado within a couple

of blocks of Mr Pukes nwldunco at 11

Went Sixtyeighvh street He asked them

policeman to allow him to ha taken homeH he was lame Kupfrian went along and

Mr Duke sent his valet with tlOO cash tothe to bail Gratwcr out

is French and hind difficultyIn understanding MagIstrate Crone whosousual lecture totally wasted on himHe asked Grosser If he over stopped hismachine to allow pedestrians to cross theroad In front of him or If he hidom and expected them tolives After some trouble Grower com-

prehended the question and said he hadstopped to let people cross In front of him

If you ever did Magistrate Craneyou the biggest medal in New

Iptk-tinmtf wa boliVIa W boll for trialBenjamin N Duke brother of J U

Duke appeared to ball out Graiwr HeMid that hU brothers lameness won oc-

aaloned by a recent surgical operation-

in his security for Grower hehouse at Kightysocond

itreet and Fifth avenue

STHIMrS 0TltCTSiu-

aranlres to Increase the Itfllflrnry or

the Husxlait lied

LoNDON April 18 Tlie newspaper cotenpondents busy bending from St

eternburg concerning the negoiatlons of Charles M Schwab with theulan Government The correspondentif time Standard HVH Mr Schwab offeredo build several warships of 10000 ton bur

guaranteeing 20 jicr cent greaterthan vessel of

tonnage be of themiiter type with the fighting value of

According to the correspondent the offer-

s made possible by the discovery of a secrettnictural process which It IM understood

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consists of ancomposition which ionnit the weight ofvessels to be lessened The vessels more-

over would combine high speed with awide steaming radiun and would mountthe heaviest guns

The St Petersburg correspondent of THE

SlX i Informed that the contract linn notbeen concluded but time Standard corre-

spondent spoOks of a preliminary contractunder name of time vessels will bebuilt In America

lilt rif v s1 rETEiismiiaMany Slarte In nllHp llon or-

Illotlnc n t iimlR-

Kfttltl CuMr nttpattli la rims srxPAnic April 2 Ono hundred thousand

troop are nwwcxl in St Petersburg In

anticipation of popular disturlioncos onMay 1 Last night 1500 arrests were made

GovernorGeneral Trepoff lies Issued anorder enjoining the populace to pay noattention to rumors of what bo ex-

pected next Sunday He that anycreate a disturbance will

ruthlessly suppressed

J FllKl II irMOVS ttKIIALfN-

tronR Political Influence to Krrure III

llrlnitatement In Indian WarehouseWAsntNoroN April 28 Strong political

Influence U being brought to bear on theInterior Department to the rein-

statement of Fred H WIn recentlydlsml ed Inspector In of theIndian warehouse at New York SenatorT C Platt and two or three Republicanmembers of the House from

written Secretary of the InteriorHitchcock urging reinstatement-and It 14 that Senator NathanB Scott of West and Cornelius Nfuss of New of thellcan have Interestedthemselves in the ease Wilson baa beenemployed at national

In the last two nationaland ha rendered the servicesa character as to command strong

ltwas said at the Interior Deportmenttoday that Instead ofmeat will more bo prosecuted-for alleged IrregularItIes In

It WM declaredemphatically that Wilson wIll not be re

employ and thatthe question

the that can liei agalnrthire The evidence gathered by tl In-

spector who cawwas to

but a questionIt is character that legal

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PADEREKI SERIOUSLY ILL

UMELIll-

UK and Arnii AtTrrtnl and He MintMop Pl lnelti lrl n Wontlieu lxin fle l Ultli Nnddrn Pains

at Concert In CanailaHalli Slay 10

Burrux April 2 Ignace Paderewsklthe pianist won utrloken with neuritiswhile at London Ont Thurs-

day and all forthem rut of hU tour have been canceledHU neck and arms are affected but hisphysician would not state how serious

condition In or how long his playingwould l Interrupted He is now on hUway to Bonton

Tim pianist playing a difficult piecewhen he was seIzed with terrific pains Inhis neck and for a moment the Intensepain sickened him He finished the per-

formance liowever and went to lute privatecar When h reached Hamilton Ontthis morning on Ills way to Niagara Fallswhen hn won scheduled to play tonightIlls condition was PO serious that his friendsteleRraptied for Dr Francis K Fronczakn Polish physician of Buffalo who hadattended him before to meet tho train atho Fall

Irk

plying

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Dr Fronczak after a briefannounced positively that nil engagements must bo There were

ten on the schedule The car was hooked-

on immediately to a through train forBoston It passed through Buffalofor tile Kant Drwent along

Dr FroncMk said that Paderewskl wasmilTering from neuritis affecting hit headand neck When he reached NiagaraFalls llilx morning bin arms were stiff

The concert at Ixmdon was thesixth cif tho artists presentSunday night ho was to hays played with

thrt Boston Symphony Orchestra In Boston-

at its benefit and next Tuesday he was tohave appeared at the benefit to Modjeska

in New York at tho Metropolitan OperaHouse

Padorewnkl himself had arranged theMrxljotka benefit and was on the programfor about a dozen numbers Ills Inabilityto play at the benefit of hln countrywoman-was a blow Ho lamented it bitterlywhen he heard the doctorsdictum

Padercweki will sail for home on May10 hU managers decided today after aconference Dr Fronczak Ills plans

that will depend on his condition

but he may rest a year or so and devote hIs

time to composition This won his sixthAmerican tour

Daniel Frobman received a telegramfrom Mrs PaderewHkl last night sayingthat her husband had broken down com-

pletely and was in bad shape and wouldrequire a long rest before h could appearin again It would b absolutelyimpossible for her Jrasband tonext Tuesday at benefit to his country-woman Mme

Mr PaderowHki must be very nick If he

has given up all hope of appearing at thebenefit for he was ono of the

prime movers in getting It up Daniel

Frohman Is to manage it and Paderewskiwas to be the star of the occasion

AH soon as he the telegramfrom Mrs Frobmanwent scurrying to try and fill the gap leftvacant Late last night Do Pactimannthe pianist agreed to play and Mrman hopes to get at least two other eminentpianist

Pudrow8kl was to have ben l estman at the wedding of his pupil ErnestSchilling to Miss Lucy Draper of 804 Fifthavenue This marriage IH to take place-

on May 3 Miss Draper said last night thatshe didnt think Paderewski was as ill a

the early reports said She based herviews on a telegram that had received

at her home night Miss Draper saidthat Mr Schelllng was In town and that evenIf Paderownkl could not appear at her

that wouldnt postpone it

linOlTillT IIOItSK TO ITS KKEX

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Policeman Taylor Stop llnnawa In

limy llrookliiAleianler M Taylor of time mounted

triflio sciuad on duty at time Borough

Hall Brooklyn yesterday afternoona runaway lull down Remsei

anti street heading

toward the cab the parkHe was on footspnitig at the runaway getting huhon the bridle The horse which wai

attached to a heavy delivery wagon

by the Atlantic and Pacific Ten Companycontinued running dragging the office

and finally dashing headlong into a hansomupsetting tIme cab and attached

and badly damaging bothTime frightened animal excited by thi

shouts of men and the struggles of tinofficer who still clung to the bridle did notstop but turned and attempted to con-

tinue nm down Court street towardthe crowded crowing at Montague streetTaylor had recovered from the blow thatliu received when he was againsttIme cab and thrust his againsttime windpipe of the running horse withsuch to bring him to his knees

action of time officer weewitnessed and cheered a large crowdseveral of whom hurried to awUtancewhen the fell and him to holdtho he struggled to his feet

WM bruUed the bodysoil and uniform was almost torn

Ho was to his home antion the sick The Incident was

Sergt McCarthy who is Incharge of the traffic squad Brooklyn

rntcK iris oirv orvAustrian lerchant Arre ie l for Carrjtn

It After It Shot HimBussanlcb 4 years od a leather

Vienna Ati tria stopping

the Hotel LnfayetteBrevoort Fifthvenue and Eighth street was arrestedy Poicman Brown of the Oak street

last on a charge of carrya concealed

was running throughort street when aroll from the gun truck

a In one of thehimt rt exploded The strucku nlch on wrist inflicting a

woundBrown summoned a surgeon

the Hudson Btrent hospital who ex

meted the bullet was thenaken to the Oak street station where bemaid that Theodore a lathermerchant of P7 street was his friendmd would ball him out He said didnt

was violating A law In

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TIlE rnKHIDEXT TAKES A mST

Will IH No More hunting Intll Monday

but Drain That lie l-

GIRNVTOOD SPBIKOB Col April

PresIdent Kocevolt did not particIpateIn the hunt today according to amessage received from a rancher living

close to Camp Roosevelt It l furtherstated that be Intends to rest until Monday

The President communicated with Secretary Loch this afternoon arid gave a quietus-to the reports that he Is In ill health HH

came over the telephone thedictating It to Courier Chapman

who rode from the camp to a nearby ranchThe Presidents message In part won asfollows

Wo got four bears yesterday All ore

wellThe teat of the Presidents message

related to public mutters and was tonightcommunicated to Secretary of War Taft

tWltTlMI 1 CHETE

Three Iniurirnti time riularmeHilled The Praianti Are Armlnst-

fprefal DttfMh la THE NUN

CAMIU April 28 In the fight atVonkolles between a of insurgentsanti fifty Rendarmes three of the insurgentswere klllnd anti six wounded Ono gen

won killed and three wounded Theburned tho police station

gendarmes are mIssIng Tim peasantsore arming

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srvpir nu rsr CISK

Catcher Hitler and Iltrlier FaMtu of II

liroolilvn nub to lie TrtetlBy the arrest of Louis Hitter cntche

anti Wallace W Kason the Broollyn Cluh for allego violationthe law by participating ingame at Washington Park lattt Sundatho whole question involved will bopubmitted to Judicial review

Hitter and Kanon were arraigned yentcday before Magistrate OHcllly In thAdams street court at time requeiof former Police BernardYork counsel for the the examlm

went over to The tewtimonthe prosecution hRS heoti obtained I

the Kings County Sabbath ObservaniAssociation

iSTiinionornu HAISKS iruAll Oktemrn and Guards to an Inrrrai-

In Pay on May I

The Interborough Rapid Transit Con

party notified tim gatemcn and guards n

the elevated raIlroads and the Rubwn

yesterday of an increase of wages beginnlnMay 1 It had been tho intention ofcompany before the strike to raise tli

Wages but tho men did not know thatwould be carried out

All year gatemen are to be increasefrom to per nil firstguards on the on 1 1605 will badvanced toiwcond year rate lliO petiny Men employed aa or promoted tguard after May 1 1005 win llt

day the regular first year reV

General Manager honey who notlfie

the men ofthe Increase in wages said toBuK reporter last evening

Then the men were being taken on aattempt was made apparently to creelthe impression that we were going to ciwages We intend to have our men thhighest In the country for the worthey The years seniority wl

among oil who haveemployed and would be entitled to it bMay I strikers or not

FonaKnv xo CHIME i vwtvIm-

lMlnn of a neflnlllon In Semi CrlmlnCode le vri o Law In Force

IKDIANAPOIIS April 2 The cllscovewas made today that forgery has ceaseo crime In Indiana owing to limo omt

Ion of definition in the new crimliuode which was adopted by the recenlegislature and went into effect a fev

lays ago The mot careful fenrchln-if the printed act falls to ll clo e anylitlon of the crime of forgery or anytitles fixed for its comniKion and it U tin

opinion of many lawyers that inasmucl-

ifl the Criminal Coda act contains a sectloi-

leclaring that all laws within the purvlof this are hereby repealed there i no

in by which such a crime can b

The omission was discovered byIn tho law college The omission wll

persons now tinder indictment for thrime an there i no law under which time

be tried tho old law having been te

lOlMY FOILS rMIV WttECKEIti-

l rom Plan to Plaee II namltc on Tricksmut li Iladly Ural en-

UWONTOWN Pa April delllxrat-ttorapt to dynamite at I e Mont on Wednes

night the Pennsylvania llailroncmessenger train P M wa-

inmtrnted by a woman and in being inestigated by ofllorrs of the companyIrs Sadie Lewis of Le Mont has reporUn-

o the officers that she heard two men sajhat a grievance against the Penn

and that they planntx-o place dynamite on the Tinnen started toward the railroadtlrs Lewis hoping to thwart their plansallowed them Seeing that they wenUncovered the men beat her unmerdully threw her across the track and ran

MrsLewis wan unconscious for aants but recovered as she heardpproaohlng By the light of the enginehe saw the sticks on time rail brushed

them aside and escaped with only a fewRoondji to Vniontown officers woreotlfled They found Mn Lewiseaten severely out and both

swollen

LAS ron ALL iaiir JMYK-

n Eleven HullitliiB ProposedCurt Kixnooo

The plans for the proposed new all nightink to be erected at the southeast corner

Fifth avenue and Fortyfourth streetive been flied withoppor for The First Day and Night Stateink as owner W II Chcsobrough is

resident of this companyThe building U to be an eleven story and

fireproof edifice the upper storiesIt IDS

on the avenue and 63 feet on the streetwill have a facade of ornamental brick

immed with Dover white marblehe entrance will be with two

Corinthian aeoorated corniceThe cost is estimated at MJOOOO by Henryrea Cobb the architect It i tor the V J Uedden Sons Company ofewark

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EVIDENCE ALL IN

No Witnesses to Be Called in

Nan Pattersons Defense

SISTER STANDS BY HER

Mrs Smith Rejects Hands Offer

to Dismiss Indictment

condition Ua That She Should Freely

Answer Ills iiirniloiti Proiecutlon

Gets fn lvtilenrei Tlrkett Nhnnlnf

the Kmlih Pawnrri Braceletand ItlnK at lljitian Stern Wirre

the Il r Mas oftime Ardiird n the Stand Sloit or Hay

lire Only Other Hltnrii

Nan Patterson through tier counsel

has decided to leave her talc with tho jury

nilgin nnulht Mister

julio

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without making any defense to the chargethat on time zooming of June 4 last she mur-

dered Bookmaker dinar Young in a cabThis decision was arrived at yesterdayafternoon alter time prosecution had putin its case and after a lot of now evidence

to bo very damaging to thehad l een Introduced

From the prosecutions standpoint theprincipal witness the prisoner was

her sIster Mrs Julia Smith the wife of JMorgan Smith Three plo of jewelrytwo of which had been given to her byher mothor Mn Smith Identified as

to her Pawntlokcts were ad-

mitted In evidence showing that the jewelryhud been pawned In Hymtm Sterns pawn-

shop whore the revolver was bought onJune 3 tho day before Young was killedMrs Smith swore that she hud given theJewelry to hor husband to pawn but thatshe didnt know where ho had pledged it

Time pawntickets wore S IDOl

and by a number of AssistantDistrict Attorney lland tried to show thatthey worn renewal tickets It was notcontended by Mr Rand that tho Jowelfy-

liad been pawned time day before the shootlog although in a series of questions In anattempt to confuse Mrs Smith ho askedher it she dldut know that tho jewelry hadbeen pawned on that flay When Mr Levydemanded ot Mr Rand to produce any

dated June 3 Mr lland ad-

mitted that he had noneTO rnrE HIM HMTT-

RAiVthlste timony was brought out otterMr Rand had promised Mm Smith to freeher from time indictment for conspiracy-

if would answer his aboutwhat happened after she nnd her husbandleft this city soon after Young was killed

and a day or two before Nun PattersonIndicted

Mr Hand had asked Smith It she

left this city on Juno 8 four days afterYoung killed She answered that she

would be pleased to tell If It were not thatshe was under indictment for conspiracy

and that any answer i ho made might tend

to degrade or convict her of a crime Uhlute arm outstretched and In a pleading

tone Mr Hand walked until lie was directlyIn front of tlio witness

And in that your only reason he asked

She paused shitting her eyes from hersister to Mr

Yes sir it Is she answered hesitatingly

Mr lland stopped luck and in a solemntone told her that he was the toting DistrictAttorney and that he would guarantee thatIf she answered Ills questions haImmediately hare time indictment dismissedSlit Mnllod ct him it seemed

Thou ftho asked if sin might consult with

tier counsel Herbert B hAmburger and Re

order lofT gracted tlio requestMr Umburger at that moment was In

lot timer part of General Sowlons arguingcfore Judge Foster for tho dismissal of thendictmort Howasnenl forandatline the indictment was snt for Mrs SmithItIt stand and for Home five minutesliad a consultation with her lawyer in theJudges pvivato room With set facereturned to the stand The question wan

peeted and started to explain whatler counsels advice had been but thelocorder stopped tier

STICKH uv HER ciioncs out azalEaThen came the struggle Mr Rand re-

peated the question several tunestoaxlng then threatening Finallyming the arms of the chair and straighteninglenolf until she became rigid she answeredleflantly-

Xo sir I will not I will tick by my

LiterAll right shouted Mr Rand hU voiceounding high above the buzz In the courtoom

After that Mn Smith declined to answerome twoACoro qutvllonfi taking refugen her privilege Mr Rand his offer

gain later Iti the day threw Itside Alter being on the stand all mornng she left it but still defiant

I feel good sold but at the finishthink me a little hitWith the exception of Mrs

oung who was a witness for onlyfew moments Mn Smith was on the

land all day She said that she knewthat Hymen Stern was in Toronto In

but denied that sue knew he

i an effort to identity either her or herlusband A letter which wee marked forjentlflcation but not admitted in evidenc-

er read to tho jury she sold was In herandwriting That letter was supposed toave some icfercnoe to SternAnother letter which she said was In her

andwriting was Introduced by Mrand but not admitted In evidence norras It read to the jury This letter or aration of It 1s supposed to show that sherote to her husband telling him to stay

way as I am not trusting to my ownidgment but am simply under

A Uit orders ad you areTHE PROSKCrTJOXS CASK ClOSED

When Mr Hand got through with Mrsmlth he announced that the prosecutionsuse was in It was then a fewncr 4 oclockMr Vnger snide the usual motions for-

te dIsmissal of the Indictment on the groundtat no crime had to have beenwnmltted that Mr Rand had failed to

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