Democrat and Chronicle from Rochester, New York • Page 12

ROCHESTER DEMOCRAT AND CHRONICLE, WEDNESDAY JULY 3, 1907. LAKE STEAMERS. TIIS. NORTH KINO ana CASPIAN 0y, 6 A. for Port Hope snd Co-ftourg.

Karh week tiny, V. for Bay of Qnfnte and Ues. Agents: AmJen, ICwls U-hlgh Valley. Sunday to Canada and Back, 50c HEW MOTION IN ELLWAHGERCASE ORDERiFOR TEMPORARY ADMIN ISTRATOR WANTED. HAD FAITH IN fflSJMHEER CONDUCTOR OF WRECKED FREIGHT TRAIN SO TESTIFIES.

SIBLEY, LINDSAY A CTJRR CO. SIBLEY, LINDSAY CURE CO. I'e Aid in Morrow's Plans? To-morrow, July Fourth, store will be closed all day. At your service up to 6 P. II.

to-day, to carry out our share of plans for the appropriate celebration of Independence Bay. We can supply practically everything for your enjoyment except the fireworksthose for your safety and ours we do not carry. TO ACT DURING CONTEST ON WILL DAY LINE la tha 100O ISLANDS The rTOrlt Steamer Arundell Monday, Wednesdays and Krldays. leaven N. Y.

wharf, Charlotte, 9 A. landing at all the principal 1.000 Inland resorts. KM urn alternate daya. Ticket and Information at Aiiixlcn's, Power Lewis fc 1H7 Central Lehlli Volley City Ticket Office. Klrst exenratnn to Olcott Beach, Sunday, June 30th, BOc.

TRACK NOT FAMILIAR Wiles, Long Sought, Appears at Resumed Inquest. Powers Hotel Saved from Sala at Auction by Court' Action, and Heir Want to Remove Necessity of Going to Court for Orders ESTIMATES OF SPEED DIFFER Excursion Tickets Via Slaamars to all points In Canada 1,000 Islands Montreal Quebec Saguenay Upper Lake Ports, at LL TT I.J Ufc U. Jpp. Central Htatlnn Division Superintendent Takts Issue With Witness About Ground Covered in Moments Before Accident. Attempt to Stop Train Too Late.

WasPassenger TrainAhead Time? passenger must have been ahead of time?" "I can't give any opinion on the "What is your best judg-nent as to the time from when yoti left Fishers until yon hit the passenger train?" "I should say about ten or eleven minutes," "Which would make the accident lap-pen at about "Yes, sir." "Have you anything more to asked Coroner Klllip. "No, sir, I have nothing to ay." Chief Dispatcher Testifies. William A. Sorntierger, chief train dispatcher, with headquarters at Itocheter, testified that in his twenty-five years' experience he had never heard of freight train, under the circumstances necessitated by Wiles's statement, running from Cnuandnigua to Fisherg in seventeen minutes. "Are conductors usually sent over thin division who are unfamiliar with the conditions?" "No." "Could this train have traveled from Fishers to Pittsford in thirteen minutes?" "Yes, if no stops were made." "Would that give them sufficient clear-age?" "leg, but three or four minutes should be allowed." "Yon don't think the freight trnin had thirteen minutes to make Pittaford?" ''I do not." The witns said it was queer that Wiles didn't know the distances from station to station, as they were all marked on the time card.

Superintendent Questioned. Stephen R. Payne, superintendent of the Rochester Division of the railroad, snid that the statements nfade to him by Wile, corresponded in all material points with the evidence he had given at the inquest. He knew nothing definite ahout the train's riiiming time. Mr.

Payne said that the conductor nnd engineer shared the responsibility for the train's safety and that subordinates can stop a train if they distrust their superiors. Closing his testimony, the witness said that no check existed on the actions employees which would insure the safety of the passengers or other employees. Adjournment was taken without any date being set for a reassembling. Other witnesses will be called at the next session and evidence may elicited which will throw light on statements made by several persons yesterday about joint culpability on the part of the crew of the passenger train. ONTARIO BEACH WILL BE ATTACKED BY SEA Take a trip to the far-famed lOOO Islands Day Boat: Mondays, Wednesdays and Fridays.

Night Boat daily except Sunday. Ticket and Staterooms at Lewis Co'. Reliable Agency, opp, Central Station. Flags for the Fourth. Every American household should con-aider is a duty to have a United States flag displayed on Independence Day.

Possibly were looking for some particular size here last week and didn't find it. They were hurried through by express Monday that you might have ample selection to-day. Standard wool bunting flags: 2 ft 3 ft. flags, 65t. 3 ft.

5 ft. flags, 1.38. 4 ft i 6 ft. flags, fl.98. 4 fi 7 ft.

flags, $2.25 5 ft. 8 ft. flags, $2.65. 6 ft. 9 ft.

flags, $3.60. 8 ft. 12 ft. flags, $5.50. 10 ft.

15 ft. flags, $8.75. Printed muslin flags, mounted on sticks, from 2 to $2 a dozen. Cotton bunting flags, with sewed stripes: 3 ft. 5 ft.

flags, 45tf. 5 ft. 8 ft. flags, $1.19. Parasols for the Fourth.

We propose to supply that parasol which is so essential to the enjoyment of the Fourth. Just look around a bit if skeptical. You will find your way back to Aisle B. There is a whole list of special values which offer you more than the ordinary money's worth. White linen warp parasols with fancy embroidery insertion and edging, white enameled frames and handles, and white tassels, $1.18.

Four or five patterns of beautifully embroidered white parasols, made with puffs, tassels, and nickel tips, natural or enameled handles parasols worth in the neighborhood of $3, for $2. Taffeta silk parasols in black and white checks, plaids and stripes, enameled and natural fir handles, $3 and $3.50 parasols for $2.25. A few $3.50, $4 and $5 white linen parasols, embroidered patterns and styles with embroidery insertion and edging which have been slightly soiled in handling, for $2.98 each. Children's parasols in large variety, from 9 to $1.50. R.

O. Steamers "Toronto" and Kingston From N. Y. C. wharf, Charlotte, For TORONTO Daily, except Monday, at 1 1:45 P.

M. For Kingston, Brockville, Prescott, Mont, real, Quebec and Nagueney Hirer, dully except Hnndny 11 P. M. Tb-ough KltJO Hand every Haturday, returning Snnilny, round trip Iftl.Bo imeala and berth Included.) Apply Amiden'i Tourist Agency or N. Y.

C. Agent. On petition of Laura B. Otis, a daughter of the late George II. Ellwanger, Attorney A.

Sutherland appeared before Surrogate Brown yesterday and moved for an order to show cause why tlie. Rochester Trust nnd Safe Deposit Company should not be appointed temporary administrator of the estate of George. Ellwanger. Thepetition is verified by Alexander Otia, law partner of Mr. Sutherland and husband of the petitioner, who Is still in the South, wheTe she has been since last fall on account of ill health.

This is regarded as an important move in the Ellwunger will contest. It is made tinder section 2.H70 of the Coda of Civil Procedure, which provides that a temporary administrator may be appointed to care for an estate on the application of any party in interest, or creditor. George EllwRiiger died November 2tJth last, and shortly after the filing of tha will for probate a contest was begun ovee ore of the codicils. The contestants have not yet presented all their evidence, their case having been adjourned to September Oth. The value of the estate is estimated at 1,500,01 a), mostly invested in securities, upon which dividends are accruing all the time.

It was explained in the application for the order tha.t there is no one to look after these matters with the exception of the executor, William D. Ellwanger, whose title is disputed, and who lias no authority from the court to act. At present everything that is done with reference to the disposition of any part of the estate must be done by court order. An interesting instance in point was the recent re incorporation of the Flower City Hotel Company, owner of the Powers Hotel, in this city. When the incorporation expired the proposition was made to the shareholders thnt they exchange their holdings for shares in the new company.

This was agreeable to all. It was found, however, that the Ellwanger estate had 250 shares. The Court stepped into the breach and ordered that these shares be exchanged for equal value in the new company. Had not the Court taken this action, it is said that Powers Hotel would have to be gold at auction. With a temporary administrator, it was pointed out, the necessity of going to the court for orders every time a move is made would be removed.

The attorney for the petitioned yester- duy explained that there was uo objection to William D. Ellwanger as executor; in the petitioner had the utmost confidence iu him. But the contest over tha will is likely to be indefinitely prolonged and the rule is that a temporary administrator be appointed, other thun the executor. The Rochester Trust and Safe Deposit Company will not be required to furuiso a bond, the attorneys declared. The Ellwanger estate is a large stockholder In the company.

Citations on the motion wer issued yesterday and served on William D. Ellwanger, the executor; Julie Ellwanger. sister of the testator; Margaret and Helen D. Ellwanger, contestants of the codicil. It will come up for argument on July 12th.

It was explained thut the move yesterday does not affect the executor's rights, and if the order is granted, the administrator will act only during the pea-deucy of the contestt. FANCIERS AT BUFFET LUNCHEON STEAMSHIPS. ANCHOR LINE GLASGOW and LONDONDERRY Idling tram Haw York avary Saturday Vacation Blouses. Boys "CALBDONIA" and 'COLUMBIA" AYpmio nnflftttfrp AND FAVORITE STEAMSHIPS ot panaaae. tonra and Information jpply to HEJf PKKHON HKOTHEHM, Now York.

Or O. T. Am.dem, Powers Bid. J. C.

KalbOel.on. Stat St. 0, oilben. Eiuhanve 81.. Rochester Gunboat Sandoval to be Used in Mimic Warfare.

Mother couldn't make a blouse which would be any better for the boy's vacation days than that which we provide hen all ready to slip on. Material is an extra strong quality of madras cloth. The patterns and colorings are such as not to show the soil quickly. They are made with attached collars and soft cuffs. Half a dollar.

Main Floor. Aisle A. Best of Ice Cream Freezers. There is hardly a day now but what the ice cream freezer will be made use of. There are a hundred and one dainty desserts which may be brought to the table, if there is a good freezer in the house.

Take heed. House Furnishing Goods store has several makes of ice cream freezers, all good ones, which it will be pleased to tell you about. Each and every one has particular merit, each embodying some special feature which the other has not. Gem Ice Cream Freezer, a freezer we have handled for years and can recommend most highly: 1 qt ill, 1.60. 6 qt ill, S3.35.

qt. ie, 8 qi. 4.35. I qt Ue, 3.20. 10 qt.

lstt 5.6B, I qt. le, 2.65. Twin Ice Cream Freezer makes two kinds jot cream, or a cream and an ice at one and the same time: VACATION TRIPS SPECIAL LOW ROUND TRIP RATES ALL SUMNER TO CALIFORNIA. MEXICO, UM IH, ABU VIA SOUTHERN PACIFIC STEAMSHIP LINE NEW YORK. NEW ORLEANS SERVICE Initial Trld New 10,000 Ton S.

5. CREOLE from New York July 13 rM Mi. PARTKUUM ADORIM F.T. BROOKS, N.Y.S. A.

211 W. Washlngtoa Syracuse, N. Y. qt le, 455. 8 qt (lie, 455.

qt. "ilie, 250. qt. sbe, 2.75. Patriotic Fans.

We have patriotic fans. Perhaps you axe familiar with what Is known as the silk Geisha fan. These are of the same order an open fan of Japanese silk decorated with flags and photographs of United States battleships in color, black enameled handles, 10 each. Men's Soft Front Shirts. If the laundering of 'these shirts had been done quite perfectly they would be $1.50 instead of a dollar.

They are soft front white shirts for which there is the greatest demand at the present time. 'Made of a fine quality of white madras "with fancy jacquard figures, coat styles with cuffs attached. The ordinary' observer would perhaps pass the laundering as being all right, but it is not quite up to the mark of the highest standard, therefore we are going to say $1 for them. I qt. ill, 350.

Alaska Ice Cream Freezer, the only freezer having the perpetual motion aerating spoon dasher: 1 qt, the, 1.45. 6 qt fife, 3. qt. slie, 1.T5. 8 qt else, I qt else, 2.

10 qt slits, 5. 4 qt lUe, 2.50. Snow Ball Ice Cream Freezer, a triple motion freezer, with gearing entirely encased: Yesterday's session of the inquest beta held Into the causes of and the conditions surrounding the collision that occurred on the Auburn branch of. the New York Central Unilrond near Pittsford June i'ld, was concerned in the main with the testimony of Charles F. Wiles.

Wiles was the conductor of the freight trnin thnt has been shouldering the blame for the accident. This wus Wile's first appearance In the case. The examination was conducted by Assistant District-Attorney Willis A. Matson. Asked about the departure of the train on the second part of its run from Auburn, Wiles said tlint it passed the station at Canandnlgua at 10:23 I.

and Fishers station nt 10:40, and that the accident occurred approximately fifteen car lengths east of the switch at Pittsford. "Who was on the train with you?" "Engineer I.yous, Fireman Norman, Rrnkemen Henry Miller and Adelbert Wolfe, the engineer's sou." "How fast were you going when you passed Fishers?" "About sixty miles an hour." "Was that speed maintained all the way to Tittsford?" "Between Canandalgua and Paddle-fords we slowed down." "Did you have any conversation about meeting tha passenger train, with the engineer?" "None at all." Left All to Engineer. Continuing. Wiles said that had but lately been transferred to the Auburn branch nnd that his not, applying the brakes was due to the fact that be confided the running of the train to Lyons, whom he considered competent to attend to It. The least speed made by the train at any time between Canandaigna and the scene of the wreck was forty-fire miles an hour.

Witness was unable to reconcile the fact of its taking thirteen minutes to make the seven miles from Fishers to Pittsford, with his assumption "about the high speed of the train. He continued: stepped out on the platform nt to let the nir into the.cahoose, and just nt that time the little fl'ig station of Cnrtersville was passed. I knew nothing of there being such a place, as Carters-ville and thought for a moment that it was Pittsford. 1 realized the difference by Lyons' not stopping the train." "Why didn't you order him to atop?" "I was in the act of turning the cock to allow of my using the conductor's emergency valve, when it occurred to me that something was wrong. I applied the air brake as soon as the air was let into the car." "Did the brake work?" "It did." "And did the train slacken speed?" "Yes." All this occurred, according to the witness, at about 10:51 or 10:52., Time of Passenger Train.

"Do -ou think the passenger train wa ahead of time?" Witness didn't know whether it was or not, and added that he was equally ignorant as to a conversation lie was said to have had with Rrakeman Wolfe about Engineer Lyons' ability to pass the passenger train in safety. Having been told that the train dispatcher had said that a train could not run from Cnnnndaigua to Fishers In lens than twenty-five minutes. Wiles said that he thought his catmint of seventeen miles for the trip in question was correct, and that he had never ridden so fast in a freight train in his life before. At this point Attorney W. J.

Carey, who represents the family of the dead engineer, asked whether the freight train ninile a Hying start from Canandaigna, and was told that it did. His watch kept excellent time, averred the witness, and had been tested, by a Syracuse firm, June 7th. "To sum it all up, then," said Mr. Mat-son, "you were a new man and depended on the engineer to make the trip in safety?" "Yes, as regarded the distances." "The switch at Pittsford is but a few rods from the place where the accident occurred. Would you not have had to slow up and send out one of the crew to adjust the switch before you entered the siding" "Yes, sir." "Someone or something Is to blame for this accident.

Who or what was it, Mr. Wiles?" 1 "I'm the only one left to be blamed," answered the witness, resignedly. Thinks Engineer Forgot. "What, in your opinion, was responsible for the wreck?" "I think the engineer forgot ahout the pnnsenger train, for one thing, and then I didn't know about the distances." "Does the New York Central use any device which could have prevented the accident?" "Not to my knowledge." "After the wreck did you make any written statement about it?" "Yes, to 8. U.

Payne." "To anyone clxe?" "Yes, to Mr. Welch, the assistant trainmaster. He came Into the caboose, but in the state in which I was I wad unable to give a statement. I don't remember whnt I said." "Was anything said to von ahout running away, to which you responded that you had been to see a physician?" "No, sir. I went forward to help the injueed, and later when I heard that" my head brakeman was Injured 1 went and got a doctor to look after him." "How ofteu were you notified to appear here?" "Once before the subpoena was served on me, by the constable?" "The way you figure it, Mr.

Wiles, the 4 qt ilie, 2.90. qt "site, 3.75. 8 qt ilie, 4.85. 1 qt tUe, 1.60. 2 qt ilir, 2.

I qt sle, 2.45. Boys Shirts. Jack Frost Ice Cream Freezer, an inexpensive freezer, but one which gives very satisfactory service. qt I lie, 1.65. 4 qt slit, 2.40.

I qt ike, 1.80. 6 qt the, 2.00. Ice Chippers, 10 to 25. Ice Cream Dishers, 12 and 18. Ice Cream Bricks, 1 pt.

to 2 qt. sizes, from 15 to 25. EXCURSION For the boy who has graduated into regular shirts here is an excellent article. Soft front shirts made of madras cloth in black and white effects, pearl buttons, detached cuffs, 45. Basement 1 delay in the receipt of the orders relative to the departure of the Sandoval from New York and the voyage of the gunboat to Sunimerville is due.

Lieutenant Walhridge has learned, to certain Inquiries made by the Canadian government as to the naval armament the United States proposes to maintain on the Great Lakes. According to the existing treaties between tiie United States and Great Britain, the naval strength that may be maintained by either government on the lakes is limited. At a convention of Methodist ministers held In Toronto several week? ago, the fact that the Sandoval was to be sta-ti nied at Sunimerville was mentioned, and ns a result of the diseusnion a resolution protesting against any addition to the American naval force on the lakes wa adopted. It was feared by the delegates present that, any increase in the strength mentioned might tend to disrupt the relations between Cauada and the I'nited States. The matter was laid before the Canadian government, and the correspondence now going on is the result.

It Is said that flie only changes contemplated by the United Stntes government are the replacing of a boat on Lake Michigan with another boat, and the stationing of the Sandoval at Sunimerville. It is expected that the Canadian government 'will be satisfied with this arrangement, and that as soon as the reinly to that effect is received from Ottawa, orders will be issued from Washington for the Snndoval to begin the voyage. After the gunboat arrives at Snmmer-ville, it wilt be used in a spectacular affair at Ontario Beach, to which the members of the Second Separate Naval Division are looking forward with much interest. The division will be divided into two detachments, one for sea and one for laud duty. The latter division will construct a redoubt, or forr, Insiile the line of the hoard walk, for the defense of the beach from the water skle.

The redoubt will be manned with artillery, supported by the members, the remainder of the detachment acting as infantry. A searchlight, for defense purposes, will he mounted on the redoubt. The first detachment will constitute the enemy, and will man the Sandoval and the whuleboats nnd cutters of the division. These boats will attack the redoubt. As the Sandoval carries two guns, one forward and one aft.

it is expected that the cannonading will be brisk. As darkness falls the searchlight on the redoubt will be kept at work, and as soon as the enemy is discovered the battle wiH be piwned. The force aboard the boats will endeavor to effect a landing, which will nwke a large expenditure of rifle ammunition possible. Brothers Brought Together. Charles and James O'Neill, brothers, who live at Nn 20 Arkkiw street, were in police court yesterday, charged with vagrancy nnd disorderly conduct.

Both men were allowed to go on suspended sentence. The lirotUers became involved in buttle nt their home early yesterday morning. When they heard that policemen were on their way to Arkkiw street they fled, each taking a different direction, but the police rounded them up. In police court the brothers tried to shift the responsibility upon each other. Alleged Burglar Discharged.

In police court yesterday Harry Ln-viirtie. charged with burglary and grand lnrt'eny. was discharged. The young man was arrested at Sea Breeae some time ago on warrant that accused him of bavin broken open a North street saloon, where was atolen from behind the mirror buck of the bar. No License to Sell Fireworks.

Elizabeth Hempel. who han a little tore at No. 13ti Clifford street, was lined In iwlice court yesterday for hnving sold fireworks without a license. Mrs. Hempel is the first person to be fined this year for having committed this enormous offense.

(0 New York Sibley, Lindsay Curr Co Mrs. E. L. Brace Entertains in Honor of Out-of-Town Guests. Members of the Lock Cat Club were the guests yesterday of Mis.

Elizabeth L. Brace, ut her home. No. .12 Grcig street, where she entertain them nt a buffet luncheon, given in honor Mi. Walter G.

Monroe, -if Washington, a guest of the hostess, and Mrs. of New York, who i visiting Mrs. Alfred Jackson. Airs. Momoe is secretary of the Washington Club and Mrs.

Otto-lingni is the wife of Dr. U. OHoliuvtui, a noted fancier of the Kust and owner of Saratoga Osiris, a blue champion. The table was adorned with pink rosea and the rooms were dororcued with other flowers of the season. Among those present was Miss Lillian Guerlie, of Toronto, who is visiting Mrs.

George Realty, of No. WO Woodward street. Mrs. Monroe is ilie owner of Queen Fluffy, who recently presented her with ten kittens. The preside it of the Washington Club is Mrs.

Wen, wife Commissioner Henry L. West, one of th threa officials of the capital who discharge the duties performed in other cities by the mayor. Among the uuunlier are ether persons of more or 'ess tiromiuence. Would-be Suicide Under Arrest. Fred Mass, the Clinton avenue younf man who attempted suicide by taking carbolic acid on Moiiday night, was dig charged yesterday from the Homeopathic Hospital.

He didn't get enough of the acid to hurt him much. Patrolman Demler arrested him ys soon as he left the hospital on the charge of having attempted suicide, and locked him up at the Franklin street station. Mass will be arraigned in police court this morning. Stung Again With the noise from those blauk cartridge and pistols sold by McCord, Gibson Stewart Celebrate July 4th at Conesus Lake. Erie Railroad trains leave 6:30 A.

0:35 A. 11:10 A. M. Good fishing. Strs.

North King and Caspian Pally to Port Hone and Cobourg. Sunday round trip, no stop, 50c. Daily, except Sunday, for Juinte and 1,000 Islands. Round trifi including mealo and berth J5.B0. The Pittsburg Day Express Yla Buffalo, Rochester ritsburg a handsome, up-to-date train, leaves the West avenue station 7:30 A.

M. week days and A. M. Sundays. Cafe-par-lur observation car, service a-la-carle.

.00 $8 rPHE first duty of every parent is to start the child right. What better start could a child ask than Parental Duty Independence Day Excursions TO Buffalo, Niagara Falls, Ontario Beach, Syracuse Thursday, July 4th VIA a present ol $1,578.33 on his or her twenty-first birthday? Every parent can give such a magnificent present Thursday, July 18th Tickets good going on trains leaving Rochester at 6:30 A. 9:35 A. 5 P. and on Special Train at 8:00 P.

M. High back seat coaches and Pullman sleepet will be run through without charge. Tickets good returning leaving Now York on or before Aug. 1st. Further particular at City Ticket Office, 35 Caehange St.

Geo. Eager 1 Wholesale an! Retail Dealers la if one dollar is deposited each week with the Union Trust Company, beginning with the first birthday anniversary of the child and kept up until the twenty-first. Your money earns 4 interest, which is compounded semi-annually. fi 1 on Trvst (oapajy 25 State Street, Rochester, N. Y.

CiAL "AMIHICA'I ORIATItT NAttWAY CYITEM Something New In awning fixtures, let us call and demonstrate -it. Nantucket hammocks. Both 'phones. Fred F. Sabey, 170 South avtuaa.

No. 306 Exchange St, Taltakena.