Democrat and Chronicle from Rochester, New York on December 6, 1910 · Page 15
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Democrat and Chronicle from Rochester, New York · Page 15

Rochester, New York
Issue Date:
Tuesday, December 6, 1910
Page 15
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ROCHESTER DEMOCRAT .VXD CHRONICLE. TUESD.YT . TlECEMIiKU C. 1010. UPHOLDS POLICE CODRT DEOSION Defendant Convicted ol Ob-structina Sidewalk. APPEALED TO COUNTY COURT George Kimball Claimed He Was Not Violating City Ordinance When Arrested! and Contested Conviction on Law and Facts lu a Ueciaioa littkdud (Juwu voierday, Count' juum J. l. Si. Mci.m-us aL-l;rujia tb Juilfe'iiicui ut cwmcuuii Ly wlii'.-b (.(wrjje ivuuball u tumnl ,uly ut oLttiruotiiig a mJewuik in viulation ut city ordinance, iu iiolice cuurt lai Juij. XUe appeal was argued m;veiul weeks anu, tieorge au S' liaii k uiuwai-ihif Ur tlie npi'liHnt ana I'uliee Court 1'niw.cut'ir Jutx i'U 1". Ui'kdu fur liie city. I lie case created coiiwiu'eraule iutorvxi when it wan tried iu (Mice court. .Mr. Kimball d siaudirvj near the Tour t'orutra when he was arrested, opposite the place where baseball scire are displaced on a larue bomd above cine of the builililii:. lie tewliticd that he w.m Mt obstructing the sidewalk when IV trulman Gibbon ordered hi in to "move en,' and that lie was arretted vlieu ho attempted to take: I hu otltcer'a number in order that lie miyht report what lie considered (lisi unrte.m treatment Kimball was lined 111 iu nubee rourt. Inn he appealed from flic jinlijiiient of conviction on tlie IcmI f.innt involved and on the fact, lie alleged that the information tiled in tlie ease was too indefinite to rotifer jurisdiction on the trial niaxiMrate. flint the reeord showed tlirre was no eonvietion and that sentence was imposed without a eonvietion. and that the determination of the pohee mneistrate was against the weiirlit of evidence. No Technical Defects. ' Ket'iirdina: the tiist coiiteutiou, Judj,-e Stephen points out iu his oimiioii tli;.t it is the ottlee of the information to Hive tlie defendant notice of the time, jdaee and circumstances of the offense hargod, iu order that lie way be ab'c to defend himself. itie ueleiidaut Whs arrested while OFFICERS ARE CHOSEN BYU.S.W.V.C01MAND James L. Whitley to Be Head of 1911 Stalf. JAMES t. WHITLET. I.. Kordnian S iu i t Ii Command. V. K IV. V., held Ut annual meeting at tlie Armory last night, wit tlie largest at-ttm.ia.nep of lie- jear. There was considerable rivalry over the election of 01-ticera, b',:t at the end the ticket elected was, tlie tiLauiiiious choice. The uen' olliicrs are: CouiJiinn.lcr, .lames I.. Whitley; senior viec-ismiiiiander, Charles A. I'aiile; junior vice-commander, t'arl V. nek', chaplain. A. M. .I.jiie; olricer of the day, (lenrae l'.yer: oltieer of the pnanl, Theodore Kiirriees: trustee for three years. James .ld. Kllis. t 'o.muiaii:cr Whitley h;i-s heid nearly nil the nttii'es of honor in i lie jtift of 'the Hoehester Siaiuish War 'eleinus. lie was one of the charter member.! of tlie comiiuttid, and for two years lias heti judge advocate of the J epartnienl. of tl) State of New York. V. H. W. .. .Mr. I'aiile has been adjutant of the local OAmiinaiid for two years, (.'kiulsin Jones has held that offn-e for sii years. It is planjied to have a joint innialla-tioa oi officers with the auxiliary of tiiR eoiuniand on January 1Mb. when tiie pub lie will he welcome. 1 he emup uud auxiliary are also piantyiiK a Christtnas to be held on foiue liinht in holiiay week. The committee in charge of the flrraiis"-nieniH is composed of J. I,. Whitley, 0. V. ZiM'k atnl C. A. I'aiile. SCHOOLS TO RENT PIANOS tomiuittintr the act complained of," theirw celehraiion for orphans of veieraun, - ..... i "j'iuiiuvj, anu ne nas sutlereil no prejudice by reason of any lack of de-Tail in the description of iiiy offense in toe Information. This was the attitude the defendant himself assumed, for when arraigned he followed his pica of 'not Mhty' with the statement, "My attorney is not not here, but 1 think I am ready to (to ahead with the ease.' " With reference to the contention that sontcnee was imposed without a conviction, Judire Stephens finds that the minutes of the stenoKrnpher do not how that at the conclusion of the trial the inneistrate rendered any decision other than by pronouncing; sentence. A eerti-tieate of conviction was tiled, however, in the County Clerk's office, and the Court holds that thia was sufficient o how the Judgment of conviction. ' n the fact In the case, the appellate court holds that tlie testimony does not bear nut the appellant' contention that the decision of the trial magistrate wa Bi'alrst the weicttt of evidence. Kimball Will Appeal. Mr. Kimball, the defendant, made the following statement lnt evening with reference to the decision of Judge Stephens: ' I undoubtedly shall appeal to the .Appellate Division frotu tint decision rendered to-day. I feel that 1 am compelled to appeal, for my rlxhtg as a citizen are Involved, as well as my reputation in the city. I Lave always been a Inw-abidine eitir.en, and I cannot rest under the stiirma tint this conviction carries with It without first exhausting every letral remedy n- tny disposal. I have never been s, corner loiterer, and 1 have many friends in thia city who will testify that I hive never shown a d s position -to disregard the efforts of the police and the other public officials to promote order. "Although my appeal was based on leiral points as well oil the facts In the ease, I was main'y Interested In the hitter, and I feel that if I cannot get a decision on the facta, I do not deserve to win. I was not olwtructing the aide-walk when I was arrested, nor had I been at any time. I resent the con-diisions which have been drawn from the fact that the trouble occurred on a Saturday erening and Rt a place opposite the baseball scoreboard. From these facts It lias been Inferred that I was loitering id-lv about the comer when I was arrest- V1 Part Patrolman Played. f "As a matter of fact I had not been rtniidiuir fifteen utiuure when the officer lnt addressed rua. I work all day Sat-i:i-'nys. That night. I wan p-asing the f.'Mey atore whe'i the" clock struck 7, find at fifteen mimit'M past 7 it was all pver. I was on my way to tnk a On-f ee street car and h id paused for only n moment to look nt tlie scon when the o dicer gave mo a rudo push and said, "More on: thii is :io comm- town.' I replied: "Is that a courteoim way for an 'nicer to apeak?' '''here wan plenty of room on the sid"viik f,.t piMseivby, and there had been no obstvtutien. "I gave no further thoutrht to the matter, but stepped up clou to the doorway of the Olympin confectionery store nd talked for a few minutes with Mr. Katsnmpes, the proprietor, with whom 1 do business, about a birslnesa matter. He w standing in his own doorwiy. In a few minutes the officer returned, Ind spoke to me amiln. TTe pushed Into the doorway, Then I took out my pad and pencil and went ont towsrl where he was standing to take Ms number. If was so dnrlr where he was 'and!ng thst I couldn't mike out the number. Itefnre I had -written It, hp srreated me." NO-LICENSE WORK COST HIM PARISH This Said to Be True of Rev. W. D. Jones. CHURCH FUND AT ONCE LESS All Is Well in Presbyterian Church Until Pastor Enters No -license Campaign Asked to Resign Presbytery Acts When the i'riibterf ot llucliester Ulel .M'S'.fid.i., luitkuuU iu ,li 1'. .U. C A. buiU.Ut; il nun asked to distolM the reluuons lelneeu the I'rcsljyici'iau Cliuri U ut WcuMer uud iu paslui', Kcv. W. l. Joues. Ibu was done, but before the att p n tukeu uiiK'what keu-ationul coudiliuiM wetc brought to lijht. Kcv. Mr. Junes explained that on January -ith a uieetiug o:' h esjum was held, follcwed immediately by n meeting of tlie congregation at which was ani:uum cd timi, 01114; to the constat. tly iiurcr.i; .-u:i: :ho idoccli pwe-l Mr. Jones, it con' I noi ufl'ord to continue his Miliary of NM' .1 eai. l!ev. Mr. Jones and oomuiwNiuiu'is of 1he chiifi-h were avkcii t iiop-ir st lim i.cjt locetina of tin' presbyterji to u:'e the ('.issoluiiuii of the rchaioiis of p.'i"tor and people. It apiiears that until last season conditions iu the pastorate were haruiouieus. " r.'s(S League of Civic Clubs. Tie League if Cirir Clubs will hehl fs ftret meetltig of the sen son In the Mil. rlelnnl Court room In the Municipal Bunding, Fit7.hngh atreet. to-night t A o'clock. The new secretary has nf enm-p'ete !!t of delegates and o is unable to g re notice by mall. All delegates are Urged to atlend whethT they rerelta personal notice or not. Matter wertum-tujf tn the Nstlotisl jrnnlefwal i.eeirns nj tie local leiiftie'i menibanhtp there-!n win h discussed, Sale of Winter Cloaking. ' f S.!S0 elosklngs at J2.,T0, n'her ss tew f tl yarl WanTa, 004 ChrmraU milldlnj; Bids Will Be Asked Soon-Social Center Directors Appointed. At a meeting of the Hoard of Education yesterday afternoon Secretary Mullen was directed to advertise for bids for the rental of seventy piituoe, more or less, for use iu the public achooli dining the year It) 1 X. All tlie commissioners were present. On. recommendation of Assistant Superintendent II. S. Weet, Miss Edith A. Neott was appointed director of all activities of No. 14 Social Center, excepting the Friday night neighborhood meeting, nt a salary of $'M a mouth, dating from November 1st. William M. Bennett was appointed director of West High Social Center, to serve two evenings each week, at a salary of $I!0 a month, dating from November 14tU. Charles S. Holmes was appointed janitor and doorkeeper to Bene two eveuiugs each week at $.'10 a month, from December 1st, and Lon ilsby was named physical director, to serve one eveuiug a "week from December 1st, at $10 a month. Sliss Emma D. Allen was appointed plavground director to assist the supervisor, at a salary of $4." a month, dating from November 30th. DO NOTiRESENT' SHRINE Solicitors ol Advertising Said to Be Making False Claims. A report has reached the meuibera ot Damascus Temple, Ancient Arabic Order Nobles of the Mytie Purine, whh li it preparing fr ,uc coi.veirtion of tlie Imperial Council, to bo bold here neit July. tb.u Bolicitors are at work getting advertising in tha uatno of the Sbtino. Members of Damascus Temple wish It thoroughly understood that no cite has euthority to oll-it any advertising or secure aay contributions in the name of the order. Ic is announced that tha literature and booklets issued by the temple w ill contain no advertising and that tha people of the city will not be asked for a cent 'with which to entertain the visitors. While it will require about $18,000 to show the visiting Shrluers and their families the "time of their life," the expense will be' borne entirely by local members of tha order. Merchants and maufacturers are warned against any one soliciting advertisements on account of tha Imperial Council. CHURCH TOWER ALMOST FINISHED Expected That Electric Clock Will Be Started Thursday. The new tower of St. Joseph's which hns been in construction for more than a year, is nearly "Completed and it la expected tha tli electric clock tliat is lieiug put into it will be in running order by XUursday of this week. The chimes have been place in the tower and will bo rung on Thursday when the clock is started. Another improvement is in the status of the patron saint that has rested above the wain entrance of the church and hits suffered considerable trom na for fifty years. The statute la of wood and has sotferod considerable from its long exposure to ths weather. A hood-some oew stone statue roads by a local sculptor, Authony IUlstriek, will bs put In the place of tha old ona. The ucw statue wll he blessed at services to be held on Thursday svanlng. Meeting of French Alliance. The annnal meeting of tha Frenoh Alliance will be held in the Kaftman building of the University tit lto"hcsti this afternoon at 4 o'clock, Madnme fctaseasa. of Buffalo, will give a lecture, the theme of whlfh will be "The King of Rome," Rice Inquest This Morning, Covoner KltdndUnst will begin this awing the Inquest w 'be easn if Thorn, ts J. lllt't, 4H years el l, who vnis fatally hurt by falling from t telephone r"' in front of K, W Arklow street a wssk SO yesterday KEY. MLL1XVM 1). JO-S. CHRISTMAS VACATION MAY EE SHORTENED Vote Is to Be Taken by Teachers To-day. Although the Eoard of lAlmatiou ha alre.idy b.ved the Christmas vsicatiou iu the sihool-i for two weeks, extending from eeemucr dd to January va it is probable tliut this will be cliauged and 1 th' vacation shortened. The idea i to iisve the summer vacation begin a week earlier in Julia. Whether auy change U to be tii.ide depends upon the teachers tbcuiselve. XVuay a vote will be taken in all the schools, and if a majority decide in , favor of the earlier June vacation, the 1 board will act accordingly. The attitutioH fur the hangt wis suited b.r the teachers iu tha hi.l iifhooK It appears that the regents' 1 exaUiinutious tor June, 1911, will be held earlier than usual, and the teachers do not tee tlie betietit of having the pupils come back to school for a week after the-eiaiitinatdcns. The matter does aot effect the grammar schools to any great extent, ut in order to have the vacations uniform in all the schools, the bourd decided upon the plebiscite. Voting blanks have been prepared by Secretary Mullau, and all the teachers will have the opportunity to rote today. It is probable that the remit ill not be knowu until to-morrow. The board will likely meet Saturday if the sentiment is ill fiivor of the change. hreMIespcnds to hislast alarm Hoseman Stricken in No. 19 Company's Station. The decline, it Beems, began about the tune that Kev. Mr. Jones took an active pure in a campaign tor 110-liceuf.e in Webster. A church hud been built, and lu ull the t'Uht year of their rsccia-tiou, vi) far as known, there had been uo trouble between the minister and his parishtoucrs. SSome hi the church, matters are now viewed, were opposed to Mr. Jones's temperance ecutiiueula. Klectiou over, and the ton 11 having gona for liceuse, the congregation informed Mr. Jouea it could no longer pay his salary. Only briefly did Iter. Mr. Jones touch ou the campaign ss a factor iu the church's affairs. His talk was without personal attack on any in his con gregation. It remained for others present to disclose the striking features of the case. Dr. Charles H. t'hapin, of Westminster (.'Lurch, said that he had several times been in Webster and had admired the work done by Mr. Jones in bis church. The etidden lessening of funds, he believed, was due to the fact that Mr. Jones had worked for no-ll-cetifle. Rev. Fred J. Tower, assistant superintendent of the Anti-Saloon League, said Mr. Jones bad suffered actual privation ''for conscience," and he thought now was the time to hand him "living flowers." It Is a rule of the presbytery that when the relations between a church and pastor are to be dissolved three commissioners, one elder, one trustee and one member of the congregation, shall be present. At yesterday's meeting there were only two commlwsioners. The absent one wn the church treasurer, F. M. Jones, treasurer of Monroe county. When the Idea was suggested that members of Her. Mr. Jones's church had worked against blm, the clergyman mentioned no name, nor did the other ministers, but one of the commlseloners at once began to defend his church sso-ciate, F. M. Jonr, the treasurer, as if be felt the absent commissioner was lu the minds of those present. Mt. Joties had not withdrawn his contribution to the church by "one penny," hie champion eald, nor had be opposed the pastor In his efforts for no-license. "Then, why did not F. M. Jones, the chrrrch treasurer and third commissioner, eome here this morning and face the music?" one of the men outside the Webster parish asked. The commissioners present spoke In high terms of Rev. Mr. Jones's work for the chnrch and of that of his wife, who had done much for the Sunflay-schooL A friend of Rev. Mr. Jones told a reporter yesterday that tlie minister had eaid to liim as loug ago as Inst June that after hie activity In the temperance work he doubtless would not be able to stay In Webster. Rev. Mr. Jones's resignation will take effect on January 1st. Another esse brocght before the presbytery was the rcslmation of Rev. J. B. White, pnntor at Oroveland, who had received a call to the (rates Chnrch. There wore no nnnsnal circumstance connected with this, and the Absolution was granted. Mr. White will be In stalled at tbe f!stes Church on January Iftfh st 7:S0 o'clock. Tlie sermin will be preached hv Iter, J. K Klttred-re. Rev. Charles P. Colt will ofer the In-"tall"""" prnver. Rev. J. T. 1'ollnck will give the enerro le the people end Rev. Chsrles R. rhsiln will deliver the eharge te the pastor. Speaking of Diamonds, Tent should see Carl A. Reyrr's choice eolleetlori and get Ids pHees. "The Little Jewelry HLop," 1,1 Ktisf svenne. I mi i. 1 S) MUSH 1 ne There's Food for Thought In the fact that so marry of our eustmn- ere return in our stnr y-inr after year, Toit want f e these f-.T tailor-made, all-wool mill and overcoats we offer pedal to-day Bud Wednesday st $1,1, Osterman a, fid Main street east. Edwin Palmer, Taj years old, attached to Hose Company it. lt, w is mortally stricken while sitting among uis comrades in the five housu iu East avenue last night, lie was carried to Us bunk above, where he expired within a few admires. Coroner Killip will proo-ably give a certilicate. 1'almer was appointed to the Fire Do partment on May lit, 18!Hi. lie waa assigned to Hose l.'l, and later was transferred to Truck 4. When the new Hose Company No. 11 was scut to tlieTwii-ty -first, ward he went with it. For some time of late Fainter had been affected with heart trouble, and had beeti treated by Ir. II. E. Sperry. He Irld felt unusually well yesterday, but ab'iut 8 o'clock was taken with what was thought to be a fainting siadl. He became unconscious, and died before aphy-sician arrived. l'tdmer leaves a wife and two sons, the latter being In Montana. Chief I, it-' tie said lam night the Hoscniau Talmer was an efficient fireman and well thought of by his officers. SUES" CLARKE FOR STOCK Local Man Says Scrip Was Not Delivered to Him. Edmund Eyon got judgment asiiinst Croorue K. M. Clarke, the defaulting treasurer of the Rochester & Lake Ontario Water Company yesterday, for 1,7'J2 011 a claim for itock lor which tlie plaiutift says he paid $1.7tX., but which was never delivered o liiiu. It was stock hi the water company and Mr. Evon alleges that he repeatedly asked tor it, but was unable to obtain it. The fact that Clarke is a defaulter and out of the suite was set forth in the complaint. Mr. J. yon got Ins judgment ueiore li..l., lIM.Wiril in Mnnicinul Court. He will endeavor to recover from the proceeds of Clarke's property, xwhJuh has been already attached and over which thu water cjmpany and other creditors ure at law. It is hinted that other prnp- Al. ,f fMiivlr,ci tint tieen rliueoveroil in New Virk and that, if true, will add irst to tuo ngnt. The temporary injunction to restrain alo of any property Clarke handed over to the water company until all creditors have an equal chance to share In It will not he argued tor a week, tt return on the show cause order being sdjourned until a week from to-day by stipulation of counsel. It will be argued 1U i-UUUIU. INVITED HERE NEXT TEAR County Officials Attending Road Builders' Convention. County Superinteadent of Highway J. Y, McClintock and The members of the Good Ko&ds Committee of tlie Board )f Supervisors left last night for Indianapolis, to attend the national convention of the American, Road Builders' Associa tion, which will be in session there Irom to-day until Friday. The Monroe county representatives took with thetn an invitation, extended by the Board of Supervisor at its meeting last week, asking the assooiat'on to hold Its next convention in Rochester Another Invitation from tlie Chamber of Commerce will ako be presented to the delegates at Indianapolis. Tho members of the Good Roads Committee who are attending the conveutio.t In Indianapolis are: Supervisor Charles iu. Shafer, of Sweden, chairman; Supervisor Isaac Budlong, of Whealiud; Supervisor A. Emerson Babcock, of Brighton; Supervisor Henry W', Morse, of the Fourth ward. Waste Steam Utilized. The local lighting company has Just completed a system of heating the factory of Jamri Cunningham Son A Company, bow building, with exhaust steam from the Litchfield street power station of the lighting company. A pipe connecting power station and piant has been placed, and through this steam will be forced Into the heating appartus Installed to the building. Cash Register Juggled. Two men employed as oJtafiers at the r.n,uut Amusement Comnanv's nlnce lu South svenue found a oajsh register In ' the basement of the building early yes- ; terday. The matter was referred to tho : police, who found that the register had been taken from the Bret floor by scmo i person well ecnuainwa wnn tns piaee. Jt is probable that no arrests will be made,. Drive Out the Rheumatism. Wintrgreen Compound will do It. Qulei, sure, easy to take, Gat started to-day. Most dragirhrta, COe. !ealers v "BW !snmg Permits to eimokr. . Order reni halt-tone plates asd fine , fc etching frnm t,is lBserat ami Cures' j tele's art department Extravagance consists in buying the wrong things at any price economy is buying the right ones at the right price. "I've looked all over town," said the wife to the husband the other day, "and I must confess I've seen nothing like the Schminke furniture. I can't tell you just what it is but it's different somehow." And she promptly came here to buy her Christmas gifts. All Prices Marked in Plain Figures G. & C SCHMINKE CO. IMPORTERS AND MANUFACTURERS Nos. 137, 139 and 141 Main Street East SPECIAL INDUCEMENTS TO OUT-OF-TOWN BUYERS Others up to $350.00 I $15 Others up to $350.00 $25 $50 OND Some o Out Specials These are in T'latln,im nl1 'tP,(1 with diamonds and other precious atone. The prevailing rrare In up-to-date Jewelry. LOCKETS All Solid Gold Tiger Head ?12.50 rialn with Tiiamond $10.00 Perfectly plain 800 large plain f 5iB0 Kngravcl f l.OO to 9.0i To-day we have put on sale a lot of diamond rings, both ladies' and gents'. We call them specials as we have no duplicates and are offering them at much less than the market value. Our refund agreement protects you against Ios3, money back if you wish it. I , .T.VSs-4i 'i lift, Price In Sterlin?, 20.00. (Itanil Enfraved ) WATCHES In great variety, ranging lu price frnm Boys' at fl.OO ud to (katle-men'g Stop Watches at $250. Our Mail-Order Department is most complete and out-of-town customers can receive every advan-tftfte that they might In the secluded privacy of our diamond room. Write us as nearly as you can what la desired, suggest a rane of price and w will at once Rive our beat effort to select and express for your ..election either diamonds or other lines of Jewelry. GEO. C. HUNT CO. 6th FLOOR CHAMBER OF COMMERCE BUILDING

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