Democrat and Chronicle from Rochester, New York • Page 11

II KOCHESTEE DEMOCRAT AND 11 umiUmULE WEDNESDAY, FEBRUARY 19 1902. NO SENSATION FORGED CHECK CASE. odop on onon onon BTSRKE, F1TZ SIMONS, tfONB CO. ooon onon odoo a a 11 The Newest Styles Of Lace Skirts. tion thousands of hands hastened to pick out the beauties of Lace Skirts at that big sale.

But that's history. What we want to say now, to those looking forward to Easier and E3 spring needs, is that a great many of those charming styles of Lace Skirts are again in stock in goodly numbers and are to be sold at the same prices lhat proved so popular among the great throngs of customers then. Ours is an all-tlie-vear- a a a a id Muslin Underwear artment, but at our January sale we quite outdid our best efforts of all other times. The achievement was due largely to our great stock of eautif ur Lace Skirts and the very derate i ces we sold them for. Thou-sands of eyes glowed with admira- Cambric Skirts 24-inch lawn ruffle, two rows of cluster tucks, sertion and 4-mch Val- CI OQ enciennes lace edge P7vj Cambric Skirts with 5-inch dust ruffle 24-inch lawn ruffle with five rows of Valenciennes lace insertion, 3-mch lawn ruffle with 3-inch point de Cl QO Paris lace edge pi.70 Cambric Skirts dust ruffle 22- inch umbrella lawn ruffle, rows or tucKs, two rows of 2-mch point de Paris lace insertion and 5-inch lace edge (2 Cambric Skirts 6-inch lawn ruffle 22-inch umbrella ruffle with nine tucks, two rows of point de Pans lace insertion QO and 5-inch lace edge P70 Flannel Waists At "Burke's" for $2.

E3 Navy, royal, cadet, light blue, green, castor, rose, red, EH black and white French Flan- nel Shirt Waists are here at $2 each instead of the regular price of $3.50. These Waists button at the back have tucked yokes and are deservedly popular. 3 '-IP' "'SJ' ci 0 El Cambric Skirts with dust ruffle 18-inch lawn flounce with two rows or duchesse lace inser tion and duchesse lace edge $1.00 Cambric Skirts with 4-inch dust ruffle 24-inch lawn ruffle with two rows of cluster tucks, two rows of point de Paris insertion and 5-inch lace CI 'K) edge pi. Cambric Skirts with 4-inch dust ruffle 24-inch lawn ruffle with three rows of duchesse lace insertion and lace ruffle CI TO edge $1.7 Cotton Skirts with 4-inch dust ruffle 24-inch umbrella ruffle with three rows of 3-inch Torchon lace insertion and 4-inch Torchon lace edge 2 S3 Three pairs of Ladies' 25c Fast Black Stockings for 50c El or one pair for 18c. Herms-0 dorf dyed fleece lined splendid quality all sizes all that can be desired in rg everything except quantity.

0 ine quanrny is nmitea io a few hundred pairs. That's a proper question." replied the court. "You must answer it." She said she couldn't say. Mr. Raines tried to Cnd out why she had appealed to touit, out was unsuccessful and peated the question as to what officer had urei ioia ner the name of Shame in ran- nection with the robbery.

She again said that sha could not remember. ay, exclaimed Mr. Raines, "are you ashamed to tell the names af th Who Stood la VOUr house ami nnddltd news of the department to you?" aiatson objected and accuse Mr. Raines of to hlnfT tfc -w into answering as desired. u-Mti -0.

hotly. denied by Mx. Raines. Mrs. Gardner concluded that no officer told her about onarps in connection with the case.

At 12:33 o'clock the case was adjourned until clock la the afternoon. Physicians on the Stand, Upon, the reouest of Mr. fton the court reconvened at 2 o'clock, the cross-examination Mrs. Gardner was suspended to giv Dr. Frank Jones, of No.

S00 Lake avenue, a chance to testify regarding the injuries which the two women received at the hands of the robbers. JJr. Jones aaid that on October Kth. fh day of the robbery, in company with Dr. Wilbor, re was called to No.

136 Scio street, where he found Mrs. Gardner and Mrs. French in need of medical attendance. Mrs. Gardner's whole scalp was contused.

There was a wound one and one-half inches long above the right ear and another three inches Ions above the other cut. There was a long cut over the ye, and both eyes were nearly closed. Mrs. Gardner's forehead was cnt and bruised, her nose seemed nearly fractured ana both eyes were almost closed. Mr.

Raines objected to further Question ing by Mr. Matson, saying that enoueh had been said already, but Judge Suther land overruled the objection. Dr. Jones said that Mrs. Gardner remained in that condition for two weeks, and that it was two days before Mrs.

French could see. He said that as a result of the injury to Mrs. French there had been a closure of the lachrymal ducts leading to one of the eyes, and an operation will be necessary to relieve her. The injuries could not have been caused by a shoe or boot or bv a sharp instrument. Under cross-examination by Mr.

Raines, a spirited argument was commenced as to the exact time when the physician left his house. He 6aid that he had discussed the matter with Mrs. French and Gardner. Dr. Charles W.

Wilbor, of No. 763 St Paul street, was called. He corroborated the testimony of Dr. Jones, and Mr. Raines objected to "multiplying the evidence" in regard to the injuries.

Mr. Matson ac cused Mr. Raines of not wishing the jury to know to what extent they were injured. Question of Privilege gain. Mrs.

Gardner resumed the stand, and was asked by Mr. Raines if some one had not tampered with the house at some time previous to the robbery. She said that two men were prowling about the house about 3 o'clockone morning, but that she did not get a good look at them. "Did you conduct a house of assignation," asked Mr. Raines.

Mrs. Gardner turned to Judge Sutherland and arked if she could not again rely on her privilege. "The question is purely collateral, Bald Judge Sutherland, "and is attacking only the credibility of the witness. The witness is not obliged to answer questions relating to acts since January, 1S9S. The keeping of such a house is a misdemeanor, and the statute of limitations would operate so that the witness could hot be prosecuted for acts prior to that date." Mrs.

Gardner added that g-he did not wish to answer, because It would bring her into public disgrace and contempt, evidently remembering instructions given her by Attorney Forsyth. On these grounds, the court upheld her in the exercise of her privilege regarding questions relating to any time whatever, although the grounds of incrimination alone, she would have been obliged to answer questions In regard to the character of the house previous to 1808. It was the ruling which has been awaited since the opening of the trial. The Democrat and Chronicle of October lGth, published the following in its account of the robbery: "It was stated by Mre. French that about six weeks ago, early one morning, she was awakened by some one in the side yard.

She aroe to investigate and ia so doing seared the prowlers away. She obtained a good look at theni at the time, however, and thinks the two men seen then were two of the robbers yesterday." "Did you say either to police ofneers or to a reporter," asked Mr. Raines, returning to his former question, and reading from this clipping, "that these two men that yon saw were those that committed the robbery." "I did not say ef definitely," she replied. "I thought there was a resemblance." Mrs. French Mrs.

French was called to the stand aad told the story of the robbery in much the same terms as Mrs. Gardner. She said that $155 was removed from her stocking, and told the vr.lue of jewelry which was taker, including a pair of earrings worth $1,000, a diamond brooch with seventeen diamonds valued at $750 and two cluster rings worth $100 each. She described McLaughlin at length, and was questioned in regard to the circumstances of the identification. She said that when he was brought to the house for her to identify she recognized his voice, before she saw him, as that of one of the robbers.

She uas not expecting him to be brought there, and thought lhat the visitor Was her physician. She said that she had been chowa a great many people far identification, which statement was stricken, out on motion of Mr. Raines. She described McMahon and reiterated her statement that he certainly was one of the men. The "gas inspector," she also described, and positively identified the prisoner, Joe Sharpe, as the man.

Attorney Raines commenced a lengthy cross-examination with questions in regard to her age, the date of her marriage and particulars of her early life. She said that her husband died in 1S73 in San Francisco, and that she came to Rochester and commenced living at No. 136 Scio street in 1374. Incrimination Insufficient Grounds. Mr.

Raines then asked his former ques- tion i regard to the nature of the Scio ttreet hou.ve. She demanded, ner privilege and it was sustained Dy juc.ge outiienana, but Mr Raines ir.uisted upon knowing the itroar.ds. She said that it was because she fearf. that it might incriminate her, whereupon Judge Sutherland said that he could not sustain the privilege for that reascn alone lie added that there was another reason which would be valid, but she could not call it to mind, so the was ordered to answer the question. She was asked if a boxifie of that nature been conducted from 1874 until January 1S0S, at the place on Scio rtreei, and with, a very vehement, "No, eir." r.

-From what time wa such a house there conducted?" continued Jir. names. C0.X;riRS.." replied Mrs. French. chw-e January, 1S'J8, have you coa- l.imirflv inuuired Mr.

Raines. firmative reply, but Judge Sutherland interposed, saying: "That you needn't answer, Mrs. Minor details of her life were asked for. She said that the police had never interfered with the house, and that she had never had any conversation with the officers of the law in regard to it. She supposed the street was patrolled, as usual, but she did not know what officer was on the beat last year.

She had never claimed protection at the hands of the police. "You have been aware at all times, that the officers of the law might at any time close your house?" Inquired Mr. Raines. never thought of it," she answered. "Since the robbery has it never occurred to you that the police authorities are charged with the duty of stopping your kind of business?" "You needn't answer that, Mrs.

French," said the court, "if you tSnk it will incriminate yon." Never Used Red Light, "Mrs, French," continued the attorney for the defense, "have you at any time had a red light in front of your house?" "No, sir." "Have you had a red window in your door, or anything else to particularly distinguish your house from others." "No, sir." "Do you remember saying to officers or to a reporter of the Democrat and Chron-icle that the men first came shortly before 3 o'clock," he asked, referring to a clipping. "I do not remember exactly. The examination reverted to the circumstances following the robbery. "The witness said that when McLaughlin was brought to the house McKelvey did not talk to 'McLaughlin after Officer Sharpe went out, and that thev did not tell her that Raines was a bulldozer, and she was not to be afraid of him. She thought that she saw Sharpe's name in the paper the last of the same week in connection with the case.

Mr. Raines questioned her at length in regard to the identification of the prisoners, endeavoring to make it armear that there was no chance for an error in her identification, since she was told who was to be brought before her and what his name was supposed to be. She denied all these things, but admitted that ehe read in the newspapers about the arrest of men she was called upon to identify. She scribed the clothing which Sharpe is said to have worn at the robbery and indignantly denied that McKelvey had been at her house day after day since the robbery, saying that he was there but once and that was when sent by Mr. Matson.

Examination by Mr. Matson. Under re-direct examination by Mr. Mat- son, Mrs. French eaid that she and her sis ter occupied two rooms downstairs in the Scio street house, and that they rented two rooms upstairs.

She said that no questions were asked as to whether the people who rented thess rooms were married. "There was no light in front of your place, was "No, sir." "And the neighbors spoke well of "Yes, sir." On cross-examination, Mr. Raines asked if any of her neighbors had ever told her that she must not let hacks carrying people to her place stop in of their houses She denied it, and also denied that anyone had ever come to her place because of cries heard from within. Apparently at the request of Sharpe, she was asked if she had ever sold drinks in connection with her other business, but the court told her she need not answer that question. Mr.

Matson wished to have it under stood that, in connection with the questions of privilege raised by Mrs. French and Mrs. Gardner, he was not protecting them in any way, leaving that to their attor ney, George Forsyth. Ine last witness to be examined was Frank II. McCormick.

He said that he had grown up with Sharpe and McMahon and that he had ecen them at the corner of Oak and Erie streets at 2 o'clock on the afternoon of the robbery. lie was posi tive of having seen Sharpe and he thought that the other man was McMahon. On cross-examination, he admitted that the sight of one of his eyes was deficient. The case was adjourned until 10 o'clock this morning. K00N SERVICES AT ST.

LUKE'S. Rev. Edward P. Hart Talks on Daniel's Courageous love for God. at the noon service at St.

Luke's Episco pal Church yesterday Rev. Edward P. Hart, of St. Mark's Church, was again the speaker, He said In part: "As we read of Daniel, be seems to us Ilka a man or tne present ceuiuxy sec aowii in tMs busy age as a Witness to God. borne one has said that the soul is a mechanism pro pelled forward by Its desires, and that fear, law and love are Its coaixoillnz forces.

Fear does have Its place. In a lower cease, In ad- vanclm? men: It often prevents them from doing what would be destructive to them. But too frequently It Is true that servile fear Isolds back the character rrom courageous action. Law also has its place, and obedl ence to law Is a necessity; but law apart from higher motives leaves only a dry and barren character. The higher ama better mo tive of conduct Is love.

"Daniel manifested courageous love for his God, and his faithfulness to duty resulted from his dally communion with God, 110 mat ter 'how great the difficulties. We have much to learn from Daniel. Frayerfulcess and self- control formed In him a habit of doing his duty. Is It not true that you and by courage 1 the small matters of dally life, are prepared lor a great crisis when It comes? "Daniel found time tn a busy life to serve God. He did not tnink that he was too much burdened with care3 and responsibilities to do so; he did not regard a public trust as greater than a divine trust.

His life was strengthened and quickened by a strong arm that was helping him on and guiding him. To such a consecrated life belong power, protection, safety, tionor and eternal reward. The man who Is faithful to his God In prayer, true to every trust and every relation In life, and walks In close communion with God, will have the same angel of the covenant who stood In the den of Hons and shut the lions' mouths, even the Son of Man, Jesus Christ." Readings Froa George Eliot's Writings. Miss Mary rhelpfl, acting vice-principal of the Rochester Training School, will give readings from the writings of George Eliot before the Plymouth Club this evening, ia the lecture room of the church. The hour is 8 o'clock.

The public is invited, Mrs. Pray, Dossmbach's Orchestra And chorus of 50 voices at Lake Avenue Baptist Church to-morrow evening. Secure tickets a't W. to-day. Your Business Will Never Outgrow Our "Elastic" files.

Williamson's, 41 State. Ladies, Us La Cbsppa Cream For chapped hands, face and roughness of the' skiu. 1- rec- from auy sticky or oily substance. It renders the skin soft ae velvet and gives to it a youthful transparency. 25c bottle at Dake's.

UNION PRINTERS WON BUFFALO NEWS CASE Court of Appeals Sustains Reversal of Wunch's Verdict. SUED FOR CONSPIRACY Legal Prlnclpl of Importance to Trrdes Union Members and Their Employers Involved in Action Commenced by Linotype Machinist. An Important decision of the court of appeals handed down yesterday in the case of Edward Wunch against David Shank-land, as president of Typographical Union No. 9, of Buffalo, is of peculiar interest to the newspaper business, although the litigation involves principles affecting all transactions of trades unions in their relations to non-union fellow-employees. Wunch sued to recover 5,000 damages for alleged conspiracy of the union to prevent him from obtaining employment, and he got a verdict of He was defeated on appeal to the appellate division, and the court of appeals decision sustains this ruling of the local court.

Wunch was a linotype machinist on the Buffalo News, where he was put to work in the summer of 1899 by the business manager of the paper. He received 25 per week and the seven linotype operators, constitutiEg the union, were each paid 521.50 weekly. The onion men' asked Wunch to take out a union card and re solved on a strike when he refused to do so. The management of the News favors the employment of union labor. The strike took place on the evening of Saturday, July 1, 1S99, and Edward H.

Butler, proprietor of the News, was sent for to arbi trate the demands of the men. They stat ed that they would not work with Wunch unless he joined the union. When the strike had lasted an hour and there appeared little prospect of getting out the next day's issue of the paper, Mr. Butler directed the dismissal of Wunch and the union men resumed work. Wunch's demand in the action he com menced against the union was for dam ages for injury from alleged "conspiracy to deprive him of his occupation and means of livelihood." This raised a point of great importance alike to union men and all classes of employees.

The jury in the case, which was tried before Justice Childs in the Erie trial term of the supreme court compromised by giving Wunch a verdict for $G50 damages, the actual loss of pay from the rime of the dismissal to that of the commencement cf the action. The court had directed a verdict without specifying the amount. The unioa appealed successfully and has now succeeded in a motion for the dismissal of Wunch's appeal to the highest court. Volger Boyd, of Buffalo, appeared in the case for Wunch and Maekey Bell, of the same city, for Shankland as president of the union. The wording of ithe court of appeals ruling is as follows: a verdict had been directed for an amount-certain the appellant would have been correct in his claim that the reversal by the appellate division presented merely a question of law, but the damages were unliquidated, and their amount submitted to the jury for determination and the motion for a new trial raised a question of fact as to the amount of tho damages which was necessarily presented to the appellate division, to pass upon.

That court has reversed both on the facts and the law and. the motion to dismiss the appeal -is granted wath. costs and $10 costs of motion." COURT MATTERS COURT OF APPEALS. Albany. N.

Feb. IS, 1902. Calendar for Wednesday: Xos. 255, 2S, 29, 35, SG, 37, 3S, 39. SUPREME COURT TRIAL TERM.

Rochester, N. Feb. 18, 1902. Present Hon. Edwin A.

Nash, Justice of the supreme court. Court adjourned to Wednesday, 10 A. M. Calendar: Nos. 126, 1G3.

Thursday: Nos. 104, 120. COUNTY COURT PART I. Rochester, N. Feb.

13," 1902. Present Hon. Arthur E. Sutherland, Monroe county Judge. The people against Joseph Sharpe, Indicted for grand larceny and assault in the first degree; on trial.

Court adjourned to Wednesday, 10 A. M. COUNTY COURT PART LT. Rochester, N. Feb.

18, 1902. Present Hon. J. B. M.

Stephens, special county judge of Monroe county. N'j, 31 John T. Caley and another against Willis M. Henry; given to jury. Court adjourned to Wednesday, 10 A.

M. SURROGATE'S COURT. Rochester, N. Feb. 18, 1902.

Present Hon. George A. Benton, Monroe county surrogate. In re estate of William Scaultz. late of Wpst Brighton, will admitted to probate.

Court adjourned to Wednesday, 10 A. H. MUNICIPAL COURT. Rochester, N. Feb.

18, 1902. Present Hon. John M. Murphy and Hon. Thomas E.

White, municipal court judges. C. M. Spalding against H. J.

Young, litigated judgment for plaintiff for $15. Vlinanl Ager n.i..uai. niuw 1,11 nail. judgment for plaintiff by default ror y.vi.ili. I .1 1.

r.lCuiua iiiijuu Aufeufri 1 jiij Judgment for plaintiff by default for 6.85. Commercial Bank against M. H. Brown, ludement for plaintiff by default for S40.S7. 1 iess giuL juugiurut.

for 'plaintiff by default for $14.59. Mohawk Condensed Milk Company against same, judgment for plaintiff by default for ''Henry Meier against J. C. Wnlf, Judgment for plaintiff by default for $720.99. Court adjourned to Wednesday, 10 A.

M. POLICE COURT. Rochester, N. Feb. IS.

1902. Present Hon. John H. Ctadsey, police justice. Bert Kin, petit larceny, In stealing over coat and scarf valued at adjourned to Feb.

21. Wililam WllUs and William Nolan, intoxication; adjourned to Feb. 21. Charles Phillips, vagrancy; Judgment suspended. Christopher Jacobson, forgery, second degree; held for grand jury.

James Johnson, intoxication; Judgment suspended. George A. Cooley, selling Impure milk; case dlgmlssed. Hyinaa Welneteln and Max Goldrlng, assault, second degree, on Jacob Stegman; adjourned to Feb. 21.

J. H. Colton, violating section G55 of tbe penal code; $10 fine or ten days in the penitentiary. George F. Atherton, violating section 1 of the penal ordinances; $10 no or ten days In the penitentiary Real Estate Transfers.

The following real estate transfers were recorded yesterday with the county clerk: Susannah IUbsteln to J. F. RSbstein, prop-ertv In Avenue $1. William Dowd and others, by referee, to T. J.

Nicholl. trustee, property in St. Paul street; 850. Mary T. Qulnn to William Qulnn, property In Jeiferaon avenue; SI.

Emma MeMullea to H. F. Wick, property In -city; $o50. Erickson Perkins, as receiver, to Emma L. S.

Lyon, property In city; $1. Mary ifornstoff to Frank Zornstoff and Wife, property In Greece; $1,200. Catherine Splcgl and one, by referee, to Adolph Wron-aki and another, property la city; $1,340. I. L.

Brlgsri to Mary V. Burton, property la Honeoye Falls; $1,000. YET DEVELOPED SECOND DAY OF THE TRIAL OF JOE SHARPE. VICTIMS ON THE STAND jjjjSKS CROSS-EXAMINES MRS. FRENCH AND MRS.

GARDNER. QUESTION OF PRIVILEGE judgi Sutherland 5 ays They Need Not Answer Questions as to Their House Jincs 180S, Nor Previous to Time if it Would I hem-Doctor Called to the tand. Jfo singularly startling or sensational features Tvere developed in county court yesterday in the second day of the trial of Jo Sbarpe, oa a charge of assaulting and robbius Mrs. Louise French and Mrs. Alicia A.

Gardner in their Scio street home last October. Mrs. Gardner was cross-ex-smined, her direct testimony having been given on Monday, and Mrs. French 'was questioned by Assistant District Attorney liaison and Attorney George Raines, -who jis the interests of Sharpe in hand. Dr.

Frank Jones and Dr. Charles W. Wilbor irre put on the stand at the commencement of the afternoon session and asked to the injuries of the two women. Some minor witnesses were examined and the tase was adjourned until 10 o'clock this siorning. It was evident that Attorney Raines places much importance on the nature of tie house kept by the complainants, and tie most interesting testimony of the day centered upon this point.

They refused to aswer certain questions on the ground that it might incriminate them, but Mrs. French was informed by Judge Sutherland that alone was not sufficient to uphold them in the exercise of their privilege. It was intimated by Mr. Raines that the women were shielding someone connected with the workings of the police. Sharpe, who maintains his nonchalant lir, was of evident assistance to his lawyers leveral times during the cross-questioning.

He apparently appreciates the gravity of the charge against him, but his features betray no emotions, and his expression is rather one of confidence and determination than anything else. Joe Sharpe, the defendant, has two brothers, Archie and James who re-tembie each other very closely. Archie is a pdiceman and has been at the French louse since the assault. Mr. Raines had James stand up in court to be identified by its.

Gardner as a man who had called at her house, but she refused to say positive ly that he was the one. Mr. Matson had him put on the stand, and disclosed the tut that he was not the policeman, after which, he was dismissed. Mrs. Gardner Cross-Questioned.

Mrs. Gardner's direct testimony was giv Monday, and she was called to the stand wsterday morning to be cross-examined by Swnre Raines. To Mr. Matson she re- teed her identification of Sharpe, Mc-Kikin aud McLaughlin as the men who KMulted and robbed her sister and her- "How old are you?" asked Mr. Raines, "Fifty-nine." she replied.

In answer to questions she said that she was born in, Dolphustown, and lived there until a young woman, when she went to Canada. Her maiden name was Alicia Curlette. She was married to John Gard ner, who, she said, is now dead to her, twenty years having elapsed since she heard of him. Other questions were asked to how long sue had lived in different cities, and she said that she had lived with her son in New York, who supported ier. She has made a number of prolonged visits to her sister at her home at No.

136 Scio street. "What was the nature of the business earned on in your sister's house?" demanded Mr. Raines suddenly. Constitutional Privilege Upheld. With a stare at the lawyer, Mrs.

Gard-ler turned to Judge Sutherland and demanded the constitutional privilege of retraining from answering a question which she believed would incriminate her. Judge Sutherland declared that he could not with-lold the right. She said that her attorney. George D. Forsyth, had advised her not to answer questions of that nature, and the tourt decided that she would not be compelled to.

That line cf examination, was then abandoned for a time by Mr. Raines, to allow Judge Sutherland to decide if the privilege protected the witness for a period more than two years. The court said if the question was not answered It might have the effect of later striking out ier whole testimony. Mrs. Gardner was asked if police officers bad ever gone to the house on Scio street, ad she said that they did, to run errands, kt never to call socially.

She also said luncheons had never been provided tbereifor policemen. She denied that the Police had ever visited the house to look for trimina's or that they ever called to eject objectionable characters. SHe Jid that the P'ace hajl never been interfered with by tie police. She said that ten miniates after the rob bers left eke telephoned to the police sta- on from a neizhbor's house. She did not bow that the message wae received at the Mice station at exactly 5:10 o'clock, but wording to her recollection the robbers 'ft at about 4:30 o'clock.

She had told diet Haydea that Sharpe was the short-t of the three rct-n, but since she did not fflember exactly she would not be surprised, to learn that he was two inches than either of the others. She said Sharpe wore a black, soft felt hat, a Fedora shape. Several different rJiea of haits were shown to her, and she tt that the- hat which Sharpe now has is the one which he wore when the saw at her house. No Luncheons for Officers. To the best of her knowledge no lunch- was provided for Detective McKelvey fc4 Policeman Archie Sharpe, a brother accused, whin tliey visited tne nouse la re-Sard to the robbery.

She denied that I eve" a drink in her house. as it mentioned at one of these visits house Karnes was a bulldozer, end had bM-nJ "tiii the ccee to tle'end McLaugh-UY' asked Mr. Kaint-s. I don't remember." l)o jou remember McKelvey savfug, vc'U stick it into Raines this and l'l you not to be timid Tv. remember." Ine subject of tho robbery was again r.CU,SSl'd and Mrs.

Gardner was asked to tail tbe actions of the men once more, as not McKelvey the first one to tell of Sharpe?" demanded Mr. Raines. a.t ut want to answer," guid Mrs. drJt turninff Judge Sutherland "I fwaat to bring anybody into the Christopher Jacobson Waives Examina tion and is Held for Grand Jury. Christopher Jacobson when arraigned in police court yesterday on a charge of forgery, second degree, pleaded not guilty and waived examination.

He was held for the grand jury, Jacobson was at one time in the shoe business in this city. In October rast, it is alleged, he presented a check for $22 to Fromm Brothers, who have a meat market oa Campbell street. The check was drawn on the Flour City Bank, and made payable to Jacobson, awl bore the signature of E. G. Dipley.

The check waa tendered in payment of a bill of $7. The market people cashed it and gave Jacobson $15 in cash. Soon afterwards It was found that the check was a forgery. Efforts were then made to find Jacobson and it was learned that he had gone to Syracuse. He was finally located in Dal- ton, ind was brought back to Roch ester from there Monday night, Mrs.

Jacobson was at police headquarters yesterdny and it is understood that ehe will make an effort to get Mil for her husband. DESERTED FROM UNITED STATES MARINE CORPS Frank Renaud Gav Himself Up in Rcchester5ent Back to New York Yesterday. From the fashionable club rooms and hotels to the deck of a United States war ship and from, there to the bare and gloomy interior of a cell at police headquarters has been the experience of Frank soldier of fortune and lately a member of Uncle Sam's sea police, otherwise the marine corps. Renaud, who had been drinking heavily, walked into police headquarters Sunday night and asked to be locked up, saying he was a deserter from the marine corps stationed at New York. In accordance with, his request, he was held, and the New York authorities were notified.

They sent on word yesterday to send the prisoner back, and Officer Nagle, in company with Renaud, left last night at 5 o'clock for the East. While he was confined at police headquarters the prisoner gained the sympathy of every officer with whom he came in contact. They saw he was away above the average of the derelicts brought in there, and treated him He" was allowed the freedom of the corridors and, in short, was given every privilege that the officers could consistently grant. Judging from the story he told Turnkey Gerber, his life has been a series of misfortunes. He has lost his wife and his children and now must stand trial for desertion, all owing to the craving for drink.

He has, as he himself expressed it, "mixed his own cup of misfortune." He is 35 years old, about six feet tall, extremely good looking and carries himself erect. On. January 20th, as the final act of a long period of dissipation, Renaud enr listed in the marine corps at New York city. The stern discipline and the endless drill, drill, drill palled, upon him early in the game. It was far different from the life he had led previous to his enlistment.

Then it was, "Good morning, Frank, I feel a little old this morning. Mix me something to make me young." So it went all day long. The favored bartender of a big establishment, enjoying the richest of a big city's trade, Renaud soon formed habits as expensive as those of his patrons, The drinks so often mixed for others he began to taste himself, and soon the habit had the better of him. As the result of a carousal of several days, he awoke one morning to find the blue of Uncle Sam's marines on his back. He was put (through a course of sprouts, along with, other "rookies," and in a ehort time was able to tell the right foot from the left aad knew the manual of arms.

All went well enough for a time. Then one night Renaud was given a furlough of forty-eight hours. When it expired he did not go back. Tho next the officers in New York heard of him he was at police headquarters in Rochester. He said he had had a devoted and faithful wife who did everything to break him of the drink habit, but finally, in despair, secured a divorce from him and went to California, where she now is.

He was married in 1887. All of his children, of whom there were seven, have died. Now he is facing a term in a military prison as a deserter. He is well educated and has traveled extensively. Weinstein-Goldring-Stegman Case.

Hyman Weinstein and Max Goldring were arraigned ia police court yesterday on a warrant sworn out by Jacob Steg-man, charging them with assault in the second degree. Both men pleaded not guilty and the case was adjourned until Friday morning. DIED. FRANK Suddenly, at 4:10 o'clock Monday morning, February 17, 1902, at the family residence la Penfieid Center, two miles northeast of Penfield village, Mrs. Martha Frank, aged til years, 8 months- and 22 days.

She is survived by her husband, John Franlt, three sons, John of this city, George and Frederick, of Penfield Center, and two daughters, Mrs. William A. Beeton, of Fairport, N. and Mrs. William Jacobs, of West Walworth, Wayne county, N.

Y. She was born in Wedelbach on the Elbe river, near Hamburg, Schles-wig-Holsteln, Germany. The funeral will be held to-morrow afternoon at 1 o'clock at the residence, and at 2 o'clock at the German Evangelical Church In Penfield village. Interment will be at Oakwood cemetery, Penaeld. HEEG In Gates, at the family residence on Allis street, Monday.

February 17, 1002, Emella Heeg, wife of Frank Heeg, aged 43 years. Besides her husband she is survived by six sons and six dauehtera and one slater, Mrs. John Heeg, one brother, Frank Watson, and her mother, Mrs. Mary Moore: Funeral Thursday morning at 8:30 from the house and at 9 o'clock from the Holy Family Church. HALL Sunday evening, February 19,, 1002, Miss Emma Hall.

Funeral will be held to-day at First Baptist Church. 4:30 P. M. CLEMENTS At Portsmouth. N.

Tuesday, February 18, 1902, Thomas Clements, formerlv of Rochester, aged 65 years. Notice of funeral later. DUNN In this city, Monday. February 17, 1902, at the famllv residence. No.

23 Sherman street, Francis W. Dunn, oldest son of Margaret Hammlll and the late Michael Dunn, aged 13 years and 4 months. Funeral from the house at 8:30 and 9 o'clock from Holy Apostles Church. F'VRRELLr In this city, Sunday evening rhri'rr ifi. 1002.

at the family residence No 1 Bvron street. Michael Farrell, aged vears. Deceased is survived by his wife, three sous, James John M. and Matthew Farrell. also two sisters, Mrs.

James Murray and Anna Farrell. Funeral from the house Wednesday morning at 8:30 and at 9 o'clock from St. Mary's Church. Friends Invited. LATZ In this city.

Monday noon, February 17 1012, at his son's home, Henry W. Latz. No 1-0 Ontario street. He leaves three sons, two daughters, seventeen grandchildren three preat grandchildren. Funeral AVedneaday afternoon at 2:30 from the house.

PEFFREYS UNDERTAKER. KSTAi L6liHEO--56 East Avenue BOTH 'PHONES 03. 1 Burke, Fitz Simons, Hone Co. oooa oono mono eoeo uquo oo goo The different heights and widths of the and Bookcase sections is such that the demands of any library can be met. If the graduating combination, as shown, is not acceptable, the middle-size sections can lllHlf be omitted and the smallest one placed on top of the large ones.

A stack of four large ones for books, with one of the smallest ones on top for curios, makes a swell appearance. and will fit in the corners of a room or around a pillar, or back to back, or in dozens of ways to suit just the space you happen to want to putthem in Cswe It mi Ssc th Clegaat Dixpljj ol Xitm SalctrcsB. b. c. mmumml Grajtild Rochester, y.

Y. TITLE AND GDARANTEE Ci OF ROC B-l ESTER. ioth Floor, Insurance Building. FREDERICK COOK. President.

Surety Bonds. Real Estate COAL Geo. Engert Co O.Tce Mid Tard No. 306 Exchange Street. Down town office.

Ed -art Ptore, Main and North Water street. Ul craer l-iviuptly attendeJ to. Ti.Lk' rilO.N ST. lC COUGH REMEDY. So ft EEKJAifIN B.

CEACS, Secretary. Searches on Real Estate. Cared For. HORSES FOR SALE OR3ES. MULES.

Arrived laat Monday with 3 carloads of horses. There aj central purpose, drivers and farm rhnnbn mem. 1 nave aiso twe young nnile.i Cr'n Inspect, at th r.f',0 alV Charles W. Hartung. 8 Ontario street.

Hose Auction EVERY WEDNESDAY AT 1 P. M. Gao. Bantel's Eois. 282 Lake Ave MORSES.

Will arrive irom too West. Tuesday. February 4th, with fresh carload of general puroose horses, tv.ll aud Inspect at Belmont Sale Stables. "Mion 1141. A.

T. Sours, 43-31 street. HORSES HORSES 1 Just arrived with new lot of llcrs, couMstuvr of general vMarm etc. T. Umn ta or si Hnu-.

tri'i a l.ouse fcuuth. S. SHAW. Bell 'Phone Zi I Ead3 by W. H.

M03EB3.JRochestr, N. Y. McNERNEY DRAKE1 UNDERTAKERS, I S3 East Ave. Phons 633. Mr.

ftch apparently started an- af-.