The New York Times from New York, New York • Page 12

uu JTJNE 0 must show corporation books; court decides General Paper Co- Sued as Trust, Must Answer Questions. FEDERAL JUDGE'S RULING Defendant Will Appeal Case and Meanwhile Refuse to Submit Booka or Reply to Question. MILWAUKEE, June to a decision handed down tier today by United States Circuit Judge Sen-man against the General Paper Company, corporation must submit their book In open court and officer of corporation! must answer relevant questions, when such corporation ere sued by the Government, under the anil-trust law, on the charge of operating- In restraint of Inter- Stat commerce. I Th General Paper Company, sued by the United States to determine whether It waa a trust In restraint of trade, contended that most of the questions asked Us officers before a master In chancery by Tederal attorneys were Irrelevant and refused to submit the company's books. Jung Seaman to-day ruled that the company must show Its books to supply possible evidence for the prosecution, and muat answer oortaln questions put by the Federal attorneys.

Attorney James D. Flanders, for the paper company, says the case will be taken to the Circuit Court of Appeals. Fending an appeal, the company intends to continue Its refusal to answer. The Government's contentions were all austalned except that it la held that the books which are to be produced under the court's order shall not pass out of rhe possession of the defendant, save In case of pressing need. The decision.

If upheld by the higher courts, will have an Important bearing on future fights against trusts. In the examination before a Special Master objections ss to relevsncy were made by the paper company to about two-thirds of the questions asked. The paper company asserted that contracts made 'with certain newspapers, for Instance, were wholly Irrelevant, and refused to divulge tha terms of such contract. The prosecution said these contract were relevant, alnce they ahowed the contracts to be made aolely by the General I'sper Company and not bythe Constituent mills which furnlah the paper, thus aiding In the proof of the trust's existence. The objection of irrelevancy waa raised ao frequently that the examination almost ceased to make progress, and the Circuit Court waa asked to make the defense answer and produce books, showing the profits made, the expenses of the corpo-rstlon.

the manner of Its organisation, and stmllsr other Information. In his ruling Judge Heamsn said: In the examination no Question of privilege waa raised; In fact. It was ex-L pressly repudiated at least one Instance, and the general objection of Irrelevancy waa on the grounds granted for refusal to answer or to produce documents. "Objections are to be preserved, but the materiality Is for consideration by the trial court and not the examiner, and the court from which the subpoena Issues will rarely pass on such objections by way of supervision. The objections which are thus brought do not.

Impress me as entitled to consideration In detail on the present application, will be treated aa overruled on the grounds stated. "Those in reference to dividends and contracts with newspapers are earnestly pressed, and It It were unmistakable that the Inquiries were In no view relevant, the objections would be sustained. But without Intimation In any sense on the mania ot me controversy, tannot ao rule. "Aa to questions addressed to the witnesses for Information within their pres eni knowledge, apart from the production of records and documents, I am of the opinion that the only constltutloal prlvl lege which can be Invoked is personal, and cannot extend to the corporation or be invoked In Its behalf. The fact that he is an ff fleer of a corporation, and In that relation acquired the Information whether confidential or not, does not affect the privilege of a witness under consideration.

The test to be applied is whether the Immunity or amnesty granted under the act of Congress in question Is as broad aa the privilege granted under the Con-eUtutton. Aa the amnesty provision In the act la identical with the like provision In the Inter-State Commerce-act, I am constrained to rule that the Immunity ia sufficient to remove the privilege. "The contention that the provision of the Inter-feUaie Commerce act which make the giving of testimony compul-aory, (not apitearing In the Anti-Trust act.) differentiates Its Construction, seems to me without force, aa that provision merely imposes the duty to testify before a non-Judicial tribunal, while the duty to testify In this Judicial proceeding arises but at rnrnjmon law and unler the gen eral ststulrs. I'nder the decisions re erred to, the court is not at liberty to consider me interests or witnesses aa constituent corporations by way of limitation I privilege or immunity. GOVERNORS ISLAND CHAPEL Trinity Corporation to Replace i Structure In Use 8i nee 1846.

The Trinity Corporation baa approprt ated for a new chapel on Governors Island to take the place of the old frame structure which has served since IMA. The cornerstone for the new chapel, which will be known aa St. Cornelius's, will be laid some time lit August. The chapel will stand on a site facing Buttermilk Channel. Several buildings now occupying that plot will have to be removed before ground Is broken for the chape The project was laid before the Stand ing Committee of the Trinity Corporation last December by the Rev.

Edmund Banks Smith, vicar of Trinity Parish and Epis copal Chaplain on Governors Island. The Bv. Dr. Morgan Plx became Interested In the Idea and put It through without delay after the sanction of Oen. Wade, commanding the Department of the Atlantic, anu jr-w.

i ri vvui run nu mr me Ieparv ment of the East, had been obtained. Harriman Suspecta Held. Th three boys, ranging In age from fourteen to eighteen years, who were arrested after a chase on Friday night from the residence of E. II. Harriman.

at Fifty-fifth Street and Fifth Avenue, were held la Yorkvllle Court yesterday Id H.UK) ball for examination on Monday. Mr. Harriman. It la expected, will be preeent to make a complaint. The youngest prisoner, Airred Schulmerich.

of 974 Third Avenue, waa committed to the Children's Society, and the others, William Ken nedy or rxi East Firty-nlnth Street and George Miller of 97S Third Avenue, to the court prison. Kennedy and Schulmerich have been arrested before. Kennedy was convicted of petit larceny In the Children's Court in May. lwri. when he waa fourteen years old.

and spent four months ia the Juvenile Asylum, getting out on goto nenavior. According to Schulmerich th. boy. wanted a quantity of copper pipe In the basement. SMASH IN STALLED TRAIN.

Elevated Paseengcra Composed, but 1 Street Fright Calla Out Reserves. Through the failure of tha air brakea on a south-bound Third Avenue elevated train Just above the One Hundred and Tenth Street Station yesterday morning five persons were hurt, on seriously. A train waa stalled In tha station and the trainmen were trying to find out what was the matter with ita motors, when the second train struck. The front platform of one and the rear of the other train were smashed, and all the wlndowa were shattered, showers of glass falling over the passengers. Gustavo Eastman, sixty-six years old.

of ffrj East One Hundred and Sixty-third. Street, waa standing up in the first car of the rear train. He waa thrown forward, striking his bead on the frame of one of the cross seats. At the Harlem Hospital it was found that In addition to a bad scalp wound he waa suffering from sever bruises on his right hip. The othera who were hurt, after injuries had been dressed, went to their homes.

"They were Julius Pelenlk of 121 East One Hun dred and Twenty-seventh Street; C. 3-Brownley of 113 East One Hundred and Seventeenth Street: Charles Renner of 571 East One Hundred end Eightieth 8treet, and John Heuer of B27 Third Avenue. The remarkable thing about the accident waa that the nassenaers behaved with great composure, while the crowds in the streets were immensely excited, fearing that many had been killed. It became necessary to call out the reserves to keep order. The passengers of the second train walked over the ties to tne station, A ROMANCE OF THE SLOCUM.

Police Sergeant to Wad a Nurae Ha Met on North Brother latand. Sergt. William J. Ennls of the East Fifty-first Street Station will be married in the latter part of this month to Miss M.iy Hurley, a nurse at Bellevue. The Slocum disaster brought them together.

Miss Hurley was stationed at the' City Hospital, on North Brother Island, when the burning boat came up the river with Its load of passengers. She was not satis fled to wait to attend the Injured that might be brought ashore. She swam out Into the river and saved eight persons There iwy have been more. These were all she counted. what she did as a swimmer she more then equaled as a nurse.

She has received two medals for what she did. Sergt Ennls was detailed to North Brother Island for several daya after the disaster. He likes now to tell of how he first saw Miss Hurley swathing a burned child In cooling bandages, crying herself with the little one. "I knew It was all off with me right then," says the Sergeant. When he had been relieved from duty on the island, Sergt.

Ennls was stricken with typhoid fever. At his own request he waa sent to Bellevue. He knew Miss Hurley had gone there. She nursed him back to health, and on the day he was discharged he asked her to be hi wife. She said she would when she had com pleted her three years' course as a nurse.

She was graduated a few weeks ago. i Herat. Ennls and Miss Hurley have not definitely decided where the wedding will uo-nor exactly when, but they know that Joseph Flam, the Sergeant's chum when both were boys, will be best man. tiergt. Ennls Is thirty-six years old.

Miss Hurley, who Is younger, is pretty, lih big. black eyes, and a- wealth of black balr. THE CAR SHOT HIM. An Unprovoked Aaaauft That Puta Policeman In a Hospital. If Policeman Joseph Sullivan of the Want One Hundred and Twenty-fifth Street Station had suspected that Car 810 of the Lenox Avenue line carried con cealed weapons, he might have been on his guard and escaped uninjured.

As was, he viewed It with confidence when he saw it rattling up the street toward him. and was totally unprepared when It opened fire. At the first shot he fell with a wound In his thigh. Sullivan was standing at Lenox Avenue anl One Hundred and Street when the car hove In view. As he declared, after he had been attended by a surgeon from the J.

Hood Wright Hos pilau tne assault was entirely unprovoked. A single report rang out. and he was hors de combat before he knew what had happened. After the shooting the car evidently re pented. for It waited while Its victim was lifted aboard and carried him to a west bound car, which took him to his sta lion.

Dr. Dels field probed Sullivan's wound and extracted a fragment of a fuse such as Is used In trolley car motors. The fuse had Diown out, and the force of the ex- loslon sent the soft metal flying thirty eei. uiiui ii iouna loaemem in Muliivun thigh. AUTO DEATHS ONLY TWELVE Mr.

Scarrltt Revises the List for the First Quarter of 1905. Wlnthrop E. Scarrltt. ex-President of the Automobile Club of America and now it-presented upon Its Board of Governors, came to the defense of automoblllsts yes terday. He said they have been con demned unjustly In the majority of the recent fatal or serious accidents.

I am not defending the reckless drltf er." he said. He should be punished, and the Automobile Club of America stands for the punishment of all those who drive recklessly on the highway." Mr. Scarrltt said the assertion had been made that accidents had been caused by automobiles in the first four months of this year, and that 02 deaths were due to reckless motor car driving. rom tne records of the Police De partment and the Coroners' office for the first four months of the year." said Mr. Scarrltt.

I find that. Instead of 703 accl-denta due to automobiles, there have been el. and Instead of 2 deaths, only 12. "It Is sad that 'twelve persons were killed by automobiles in the first four months of this year, but In a great city and a populous surrounding country, accidents will happen. It wss a sadder fact that thirty-one persons were killed by horse-drawn vehicles, and ninety-seven persons killed by street cars." SCHOOL OF PHILANTHROPY.

Eighth Session Will Begin To-morrow and Last Six Weeks. The eighth annual session of the Summer School of Philanthropy Is to be held la the library of the Charity Organisation Society, at 105 East Twenty-second Street, beginning to-morrow and lasting until July 2S. The opening meeting will be presided over by Robert W. De Forest. President of the Charity Organisation 8oclety.

and will be addressed by the Rev. Samuel M. Crotbers of Cambridge, Mass. The regular meetings of the school convene at o'clock In the morning, at which time a lecture Is given on some phase of social work. The programme 1 divided into three parts.

The first two weeks will be devoted to constructive social work, the second two to the care of needy fwn. Ilea, and the last fortniaht to Institutions. The school is designed to interval and develop men and women who are preparing themselves for active philanthropic service. At the top of the first column of the last pas of Tms New York Tims row wui riaa tk "EE TiTSTJ Hit I cvuia una. i wonts.

aav. SEVENTH COMES HOME BRONZED AND HEAR1Y Never Had a Better Camp, Men SayPraise New Uniforms. TWENTY-SECOND IN CAMP Engineer. 570 Strong, to be Drilled by Regular Army Detail Thla Week. KSBSSBSSBMSBB) Btrger and browner than ever the men of the Seventh Regiment returned to the city yesterday from a week of drill at PeekskllL Camn was broken at about 10 clock yesterday morning, and the First Battalion, under command of Acting Major Un derwood, took train at the camp station about 11:30 o'clock, arrlvinr at the foot of West Sixtieth 8treet an hour later.

There the battalion had to wait until Joined by the Second Battalion under Major Flake, whose duty It waa to leave a slick and clean camp for the Twenty-eecond Regiment of Engineers, which followed the Seventh at PeekskllL In the hour of waiting the first train- load attracted a big crowd of the negro population from the vicinity of Sixtieth Street Pickaninnies fought ror me boi dlers' pennies and rolled their eyes at the shiny Krag-Jorgensen rifles. On the arrival of the Second Battalion the entire regiment waa marched to the armory at Park Avenue and Sixty-sixth Street. One of the best camps we ever had. oM nnm ot tha officers last night. The little rain we had early In the week evl dently was good for us.

as we had almost no sickness. The hospital waa empty all Friday. A fine time." The sham battle of two years ago be tween the Seventh and the West Point era waa not repeated thla year, owing? to a hitch In the arrangements; but a detachment of cadets, mainly first-year men." visited the camp Informally on Frl d.iv to watch the Cossack arm unaer Major Lydecker. The men were enthusiastic over the new regulation uniforms worn to camp for the first time (his year. I hope there won't be any change again.

These uniforms are Just the light weight and color to be cool," said one soldier on arriving. If we had had the old ones this would have been a hot day for sure." He looked hot. but healthy. So did 870 of his fellow-soldiers. Before departing from camp the regi ment received $10,339.84 and an allowance of $500 for bands.

They had to make up the difference for Humphrey's alxtytfour piece band at $3 a man per diem. Head quarters tecelved f0ii6.D7. The Federal Government makes an allowance of $5,075.17 for the week. The wages of the private of 11.25 a day. 43 cents from the Government and 82 cents from the State, did not seem to overwhelm the lawyers, brokers, and busi ness men of the Seventh.

It Is tradition that many Seventh Regiment men never cash their checks, but frame them as sou venirs. The Twenty-second Engineers took train at Eleventh Avenue and Sixtieth Street at clock In the morning and reached Peekskill at 10:10 o'clock, before the Seventh started for home. There were oiW officers and men In command of L.leut. Col. Tread well.

Col. Franklin Hart. lett went up lust night to assume, com mand. The Rev. Klchard Cobden, the Chaplain, also was unable to go with his regiment, out win oe mere to hold serv Ices at o'clock this momlnsr.

ins wee wui ue aevotea to engineering worn, a general plan lor wnicb will be laid out at a meeting of the resrimental tail o-morrow. in i weniy-secona tM glneers wll be advised and aided by i detachment of seventy-two United States regular engineers from West Point, Ma jor ai. ju. rtincx, in command, with him are Lieut. M.

J. McDonough. United States Engineers, and Lieut. 1. L.

Hunt. Nineteenth Infantry. Fourteen pontoons for bridge building were towed into Anns-ville Creek yesterday morning. Gartland's Albany Band is the post band, aa the Twenty-second did not take ita own mu sic. SEVENTH'S TEAM SAILS.

Will Shoot for a Silver Challenge Shield at BisJey. The Seventh Regiment rifle team, which Is to compete with a team of the Queen's Westminster Volunteers at Bisley, England next month, sailed for Southampton on the American liner St. Loula yes terday morning. On their arrival in Eng land the team will proceed tb Bisley where they will practice until July 1. The match will be shot on July 8 and T.

The Seventh's team Is composed of the following men: Capts. Robert McLean, William J. Underwood, Benjamin B. Mc Alpln. Lleuts.

Howard E. Crall, J. Au gustus Barnard, Oswald W. Uhl, Oren beach, sergt s. Harry i.

Huyaam, will lam Short. lrlvates Daniel C. Meyer, Ed ward Robinson, and Alexander Stevens. The trophy to be shot for Is a sliver challenge-shield, offered by CoL Sir How ard Vincent. DEAD IN WIFE'S ARMCHAIR.

Debus, Who Was a Widower, Shot Himself In the Head. Jacob Debus, an engineer, sixty-three years old, of 3 South Third Street, Williamsburg, waa found dead early yes terday morning at his home. He had shot himself In the heud with a revolver, Debus wss a widower, and a married son and daughter-tn-law kept house for him. He always sat in an old armchair which belonged to his wite. On Friday nirfhl the son and daughter in-law went out.

leaving Debus alone. Ho was cheerful when they went away, On their return at midnight they found him dead. ADVISES JEWISH THEOLOGS Or. Asher Delivers Baccalaureate at the Seminary of The commencement exercises at the Jewish Theological Seminary of America at 531 West One Hundred and Twenty-third Street, began yesterday. The baccalaureate sermon waa delivered by the Rev.

Joseph Mayer Asher. In discussing the needs ot the ministry, he "In ancient times a man waa thought fully equipped for the ministry who was physically perfect and possessed the power of expression. Now there are forty-eight qualities necessary, and they Include heroic devotion to study and the loving of God. While learning is undoubtedly necessary, yet the great rabbis are not alwaya the men of great learning, and the presence of great learning In a college does not alwaya determine the quality of the rabbis. But the man who attempts to put on the toga of a rabbi and Is without learning lacks an essential In his make-up.

There can be no preaching without thinking, and a man lacking learning will distort the message and be a falsifying medium. He Is without power of analysis and of description." Drowned Woman and Bab Identified. PITTSBURG, June Identity Of the young woman and baby found dead under a raft in the Monoagahela River last evening waa established to-day as that of Miss Jessie Blssett. aged twenty-flva years, and her four-year-old daua-h-ter The Identification was made by a brother. Miss Blsaett disappeared ten days ago from the home of Mrs.

Marsraret Roney. James Street. Verona. It la pr. chSS? ed, lata kUe river with her CONVENTION OF MUSICIANS.

Wilt Aak Universities to Count Music In Entrance The plan to Induce colleges and univer sities to give more recognition to music aa an educational factor by allowing It to count In the entrance examinations will be discussed at the convention of the Musio Teachers' National Association, to be held at Teachers College, Columbia. University, beginning Tuesday and lasting until Friday. It will be the twenty-seventh annual convention of American teachers, and will be largely attended. Some ot the speakers upon the subject of "The Place of Music In General Education will be Profs. VT.

R. Spalding of Harvard. H- E. Dann, Cornell; L. B.

McWhood. Columbia: Hamilton C. McDougaL Wellesley: George Coleman Gow, Vassar; Thomas Tapper, of Boston; Dr. W. E.

Watt of Chicago, Waldo 8. Pratt of Hartford: Dr. Luther Halsey Gullck of Brooklyn. Gen. Horatio King ot Brooklyn, and Albert Rosa Parsons of New York.

Edward Morris Bowman. President of the association. In duccusslng the ques tion, said: For years American educators have regarded music as a faddish accomplishment and of little value as an education. but their views are changing, aa Improved methods and results of teaching are being secured. The misconception of the edu cational value of music is due to the lack of results that public education has shown In the past No subject In education has been so poorly treated as music.

Students nowadays Bvre making a more Intelligent study of the science and art of music, some ti such an extent that they give up their school or college life to specialize In music for a thus de priving themselves of a better general education. This would not be necessary If the university more thoroughly accept ed music In its entrance examinations and course of studies. Just as It does French or German or the ancient languages, some of which are seldom studied after the second year In most colleges." The convention members will have the opportunity of hearing good music. For their benefit the association has engaged sea'ts tor the Richard Henry Warren orchestral concerts at St Nicholas Garden on Wednesday night. A trip to Brighton Beach for dinner, and a concert by matters Hand on Wednesday, and an Illustrated lecture on musical Instruments by Miss Fannie Morris In the Metropolitan Museum of Art.

where the Crosby Brown collection of 8.500 Instruments will be on view for the members on the afternoon of Friday, will dm among the treats arranged for the members. PICNIC CAR KILLS A BOY. The Motorman Not to Blame, but the Crowd Threatened Him. Seven-year-old Emanuel Masse, while playing In front of his home, at 814 Bush' wrick Avenue, Williamsburg, was instant ly killed by a crowded trolley car yester day afternoon. Most of the passengers in the car were women and children on their way to a picnic at Ridgewood Pork.

The car waa going rapidly down a steep incline, and the boy ran directly In front of it from behind an ice wagon. He stood between the tracks paralysed with fright. The fender struck him, and he waa thrown under the wheels. I A dosen women Jumped from the car screaming, and several swooned on the sidewalk. A large crowd gathered and threats were uttered against the motor- man.

He stood with the controller In one hand and the Iron switch bar In the other and kept the crowd back. He told them that he did all In his power to avert tne accident. The boy's mother was notified, and while the men were raising the car from the body she arrived. She was told that he was only slightly injured. Mrs.

Masse is 111. and It Is feared that the news of the boy's death may be serious to her. The motorman was arrested, but was released after an investigation. LADS OUTDO A BANDIT SHOW. Bowery Paraders Hold Up Theatre with Empty Pistols! Half a dosen youths, every one of them considerably under, the age of twenty, wandered down the Bowery last evening, shouting that they were members of the Cherry Hill gang, out to do things," and set up a rival performance in the lobby of the Windsor Theatre to the Jesse James show inside.

The mummer bandits on the regular stage proved no match for the youngsters at the doors, and the audience for once turned backs on the foot lights. The lade had looked In on several of the Bowery sights and had a crowd at their heels when they turned into the lobby of the theatre. Approaching Max Flnkel-stein, special policeman, they leveled pistols and ordered him to throw up his hands. He says he did not throw up his ha ids. but laid about him with his night stick until the gang broke and ran.

Another version of the affair Is that the crowd following them pressed so hard that persons In the lobby were forced to fight, and that Finkclsteln, aeelng their presence, used his stick. With Policeman Myer and a crowd, he chased the youths down to Chinatown, where three were arrested. The police say they found a pistol unloaded-in the pocket of After the boys had been charged with Intoxication, disorderly conduct, and carrying conoealed weapons, they said they were John Ienahan. sixteen years old, of IT Monroe Street; George Mahr, eighteen years old, of 104 Madison Street, and John O'Loughltn, sixteen years old, of 154 Madison Street. ART COMMISSION BALKS PLAN.

Martyrs' Monument Association Could Not Celebrate Bunker Hill Day. There was great disappointment among the members of the Martyrs' Monument Association in" Brooklyn because of their Inability to celebrate Bunker Hill Day by laying the cornerstone of the monument to the prison ship martyrs in Fort Greene Park. Plans were upset at the last moment yesterday by the announcement that the Municipal Art Commission had not approved the design for the monument. Some members of the association were indignant at the failure of the commission to act. It was said, however, that the delay waa due to the fact that the architect's working dru wings were not in the hands of the commission.

a KssKBMswas 8hlp News by Wireless. The De Forest Wireless Telegraph Company reported st 9 o'clock last night that the steamship Ponce of the New York and Porto Rico Line, which left New Yok at noon, waa then thirty miles south of Sandy Hook, having been delayed by fog. The steamship City of Columbus of the Savannah Line, which left New York at 3:45 P. waa sixty-four miles from ivew xora ai York at 8:30. The steamship Concho the Mailory Line, which left New York P.

passed Sandy Hook at 9 of at o'clock. The Maine steamship Horatio Hall, bound for Portland, which left New York at 5:05 P. M. was then 'fifty-five miles out Weather, foggy and calm. Eight Are Ordained Priests.

In the presence of a large congregation and many priests. Bishop McDonnell yes. terday. In the Church of St, John the Baptist, at Lewis and Wlllcughby Avenues. Brooklyn, ordained teeth priesthood Patrick Hart.

Joseph Curran. Charles Craig. Charles Canlvan. Henry Spengler. Gervase Kubec.

6tanlslaas RystcMewics, and James J. Rellly. The new priests win celebrate' their first mass in the churches which they attended while students. MEANT TO KILL LOVER; ENDED HER OM LIFE Minnie Stoermer Had Seen Mayer with Another Girt. TOLD HIM HE MUST DIE Tha.

Pistol Mlased Fire, Mayer, Ran, and a Moment Later tha Caller Shot Herself. Minnie 8toernjer a dressmaker, dressed herself ell la white yesterday morning, and then set out from her home at 18 East Eighty-ninth Street to kill her aweet-heart, Louis Mayer. In his shoe store, at 1.S56 Third Avenue, because ehe had seen him walking with another (lrL Instead of doing It when ahe got Into the store she turned the pistol toward her own, breast and killed herself instantly. The evening before Miss Stoermer met Mayer with another girl on Lexington She upbraided him so severely then that he and. his companion had to get on a street car to get out of her way.

Going home, the dressmaker ahowed no signs of excitement. She played on the piano, first Chopin's Funeral March and then rag time." The music went on until the famtly went to bed. Yesterday morning the young woman was perfectly cool at breakfast. She told her father that she had one good deed to perform during the day. He asked her what It was.

but ahe refused to tell. Be fore she left the house, she went to him and kissed him again and again. He waved hla hand to her as she passed out of the front door. Louis Mayer was busy about his work when he heard a familiar voice. He looked up.

and saw Minnie Stoermer on the threshold. Since the night before he had been. uncomfortable at the memory of his encounter with her and now, he thought, she had come to make It up and be friends again. She wore a white lawn dress with white shoes to match. A white hat rested on her blond head.

Mayer went forward to meet her, smiling and holding out his hand. He got no smile In return. Louis." the girl said quietly, you have Just one minute to live. So make your peace with God." Two clerks and a customer standing near heard these words and were frightened. Before Mayer knew what waa happening the girl pointed a revolver at him and pulled the trigger.

It missed fire, and Mayer ran to the rear of the store. The customer and the clerks got out In a hurry. Mayer, crouching behind a wooden bench, shouted to Thomas Viechy. another clerk, to save htm. Viechy hesitated a little at first, but.

summoning his courage, he rushed toward Miss Stoermer, Intending to grab the pis tol. He waa checked by finding the point of It In his face. Tom, you are a good fellow, and don't want to kill you," she said. You've got a wife and children. But if you come nearer you'll have to die.

I came here to kill Louis, not you." Then Viechy retreated and stood by the crouching Mayer. A second later there was a loud report. Mayer dashed Into the cellar. Viechy followed. After a few minutes they came upstairs again and saw the white figure of Minnie Stoermer stretched at full length on the floor.

Then Mayer and Viechy cried out for the police. By the time Dr. Parmenter came from the Harlem Hospital the wo man was dead. Her body was taken home after the Coroner had come. Her parents were heart-broken.

PHYSICIAN HURT IN RUNAWAY Dr. J. G. Johnson and a Woman Rela tive Thrown from Runabout. Dr.

J. G. Johnson of 153 Joralemon Street was Injured In a runaway on Brooklyn Heights yesterday afternoon. The physician, with a woman relative, was driving in a runabout drawn by team In Montague Street, near Clinton. when the horses took fright, throwing both occupants out of the carriage.

The team galloped down Montague Street, to Henry, where they dashed into a car. They continued for another block until caught by Mounted Police mr Rvrnes. Dr. Johnson received sev nulnful hruises. but the woman es caped unhurt.

Both horses were cut and the runabout was wrecked. WEEK-END AT TUXEDO. Special to Tfc Ntw York Timts. TUXEDO PAIVC, N. June 17.

The weather to-day being perfect, favored all the social events scheduled for the society people at Tuxedo for their week-end gay-etles. Nearly all of the cottages are now occupied, and a crowd came out to-day to pass Sunday. The tennis courts and the golf links were crowded all day. and several very Interesting matches were In progress. Mr.

and Mrs. Pierre Lorillard, who recently arrived from Washington, entertained a bouse party during the entire week. Among others who entertained at bouse parties, followed by dinners to-night, were W. MacNeill Rodewald at his cottage on Tower Hill. Mr.

and Mrs. Charles B. Alexander, Mr. and Mrs. George F.

Baker. Mr. and Mrs. Edson Bradley, Mr. and Mrs.

F. R. Halsey, Mr. and Mrs. Herman VogeW Mr.

and Mrs. H. O. Havemeyer, Mr. and Mrs.

8amuel Spencer, Mr and Mrs. John O. Elliott, and othera. At the clubhouse dinners were given by Mr. and Mrs.

Albert Gould Jennings. Mr. and Mrs. Charles B. Van Nostrand, Mr.

and Mrs. L. J. Pooler. Mr.

and Mrs. Samuel A. Walsh. Mr. and Mrs.

Morgan Glbbe Barnwell. Mr. and Mrs. J. H.

Towne, and Mr. and Mrs. Alonso Potter. Mr. and Mrs.

John H. Foster, who arrived at the clubhouse on Thursday for several days, entertained at dinner on Friday. Among the guests were Mr. and Mrs. J.

NelsonHorland. Mr. and Mrs. F. B.

Kess-ler. and Mr. and Mra. Frederic Foster. Mrs.

W. H. Young, who arrived last week in the Moore cottage on Wee Wah Lake, entertained a house party during the week, followed by dinner to-night. Among the guests were Mr. and Mrs.

Edward M. House, the Misses House, and Miss Dalton of Texas. Bishop and Mrs. Henry C. Potter of New York were the guesta of the Rev.

and Mrs. George William Douglas at their cottage over Sunday. Mrs. F. O.

French, who has been abroad for several months, arrived early in tha week and passed several daya aa guest of Mr. and Mra. Amoa T. French at their cottage. Mra.

French will go to Newport for the Summer. Robert and Peter Gerry, who have leased a cottage at Goshen for the Summer, arrived on their road coach at Tuxedo on Thursday and entertained a at luncheon at the club, returning late in the afternoon to Goshen. Among the guesta were Miss Knowlton, victor Loew. and others. The Misses Harriman, daughters of Mr.

and Mrs. E. H- Harriman. who are summering at Arden. entertained a large party of young people over Sunday at their cottage there.

Seven Drowned In Canoe Accident. VANCOUVER. B. G. June 17.

The worst canoe accident In the history of Northern British Columbia. Is reported in a special from Haaelton. The drowned, seven in number, were nearly all miners, who were on their way up the 8kena River from the coast. Intending to make Lorno Creek, when their canoe was wrecked. CLERK'S AIM FOILS HOLD UP.

Dared to Shoot, He Wounds One Three Take to Heels. Four men. one known to the police as a Bowery character, went Into the office of the lodging house at. 13 Bowery yesterday. Intent on robbery, the police say.

In a fight that followed one of the four was shot by the clerk while defending himself. The wounded man cave the police the. slip at the Hudson Street Hospital, where he had been taken to have a wovnd la his neck dressed. Robert Douglass, twenty-eight years old. the clerk In charge when the quartet entered and threatened to kill him.

told them to "blow Several lodgers were standing about, and all but Albert Robinson, a sailor, took -to their heels. One ot the four Intruders dared Doug lass to shoot. He did. and the fellow who gave the dare staggered and fell, while the other three took French leave. Detective John Lawton, on special duty In Chinatown, heard two shots, and.

running Into the lodging-, house, arrested Douglass, while other policemen carried the Injured man to a drug store. A well-gowned woman stepped from a street car and took care of the wounded man until the arrival of an ambulance. When Capt. Murtha of the Eldrldge Btreet Station learned that the victim of the shooting had left the hospital he sent out a general alarm for James Reynolds. Capt.

Murtha aaid: want that man to appear in court in the morning and make a complaint against the arrested man If he chooses. I have not yet received a complete account of what happened. I did not know the man waa wanted so badly aa now appears." xne sauor Koninson was locxea up unui he might be able to tell what he knew of the shooting. A charge of felonious as sault was lodged against Douglass. MR.

MURPHY SURRENDERS. Will Let a Road Be Cut Through His Back Lota In Quogue. SptcM to Tkt Stv Yort Timtt. EAST QUOGUE. L.

June IT. Charles F. Murphy has decided that he will have a road through his back yard Instead of through his front yard. The differences he had wl th hla neighbors along the shore of Tlana Bay have been adjusted, and consequently plana to spoil the view from Mr. Murphy's front windows have been abandoned.

Mr. Murphy gave in Just In time to avert the stringing of telephone wires alone the beach in front of his residence. The local Rlverhead Telephone Company had Contracts with several of the Tammany chieftain's neighbors to the south and intended to take advantage of the highway between low-water mark and Mr. Murphy's line In view of the fact that the latter had declined to permit a road granted by the previous owner through his rear Iota to be Used. The poles, in fact, had been planted to the northern edge of his estate when Mr.

Murphy ar rived here recently. After several conferences a compromise waa reached. Ex-Judge Wauhope Lynn, who has property to the north of Mr. Murphy, wanted an outlet by road, and an agreement was made whereby a hlgh-j way should cut across the Murphy estate back In the woods, where it could not be seen from the house, and that other property owners along the beach front should give an outlet to Judge Lynn. As, a consequence of his concession It Is probable that Mr.

Murphy will be able to get rights along the beach which will permit htm to put in a boat landing and make other Improvements. A force of workmen has been engaged for several weeks in putting his estate in order, and a large sum is to be spent before all the Improvements are finished. "THE SIMPLE COLLEGE." To Be the Subject of the Alumni Talk at Rutgers Commencement. Sfiftial to Th A'rw York Timts. NEW BRUNSWICK.

N. June 17. The exercises of commencement week at Rutgers College will begin with the baccalaureate sermon on Sunday evening In the First Reformed Church by the Rev. Edward A. Reed, D.

pastor of the Second Congregational Church at Holyoke, and formerly pastor of the Madison Avenue Reformed Church, New York City. Tuesday Is class day, and on Wednesday will be held the commencement meeting of the Board of Trustees and the annual meeting of the alumni. The annual address before the alumni will be given on The Simple College In the chapel by Philip MUledoler Brett, LL. class of 1802. of New York City.

The presentation of a portrait of the late Robert H. Pruyn. LL. at one time Minister ot the United States to Japan, on behalf of his son, Robert C. Pruyn, of Albany, will be made by Dr.

Andrew 8. Draper, Commissioner of Education of New York State. Lieut. Gov. M.

Linn Bruce of New York, class of 1884, is expected to speak at the alumni dinner. On Wednesday evening at 8 o'clock the one hundred and thirty-ninth commence ment will be held in the Robert F. Bal-lantlne Gymnasium. The honorary degree of LL. D.

will be conferred upon Amzl Dodd of Newark and William II. Corbln of Elisabeth, the honorary degree of D. D. on the Rev. Cornelius Woelfkln.

pastor of the Greene Avenue Baptist Church of Brooklyn, and tho Rev. Herman Vender-wart, pastor of the Reformed Church of Hackensack. N- J-, and the honorary degree of A. M. on Charles J.

Baster, Superintendent of Public Instruction of New Jersey. FINED FOR FLAT WHEEL Orange Wina a Case Against the Public Corporation. Special ts Tkt A'rw York Timtt. ORANGE, June 17. Recorder Doremua, In the East Orange Police Court to-day, pleased thousands of residents of the city by fining the Public Service Corporation $30 for operating a trolley car with flat wheels on the Central Avenue line.

For months the residents along the Avenue have been annoyed beyond measure by the terrific pounding of the big cars with flat wheels. Policemen were Instructed to get the numbers of the offending cars, and this ia the first case brought by City Attorney Gedney. It has been pending for a long time, and, after many postponements, waa opened on Thursday. The company offered no testimony In rebuttal of that of Policeman Frank Gardner, who testified that on April 19 Car 70S violated the law by running up and down Central Avenue with flat wheels. Gardner used to be an Inspector In the employ of the traction company.

I Myron E. McHenry Divorced. CHICAGO, June 17. Myron E. Mc Henry, one of the best-known drivers- of trotting horses in the United Btatea.

mad no defense to charges brought against him In court to-day by bis wife. Mrs. Ida McHenry of Chicago, and Judge Heard granted a divorce to her. McHenry drove the pacers John R. Gentry and Dun Patch when those horses were establishing woria rcwru lar speea.

Bowen-Loomis Case Near End. WASHINGTON. June Taft continued the hearing of the Bowen- Loomls case to-day. Minister W. W.

Russell explained a transaction relating to the distribution ot the stock of the Vene-suelan Company aa trustee, but the trans action naa no relation to Mr. Loomia. Secretary. Taft expects to have more In-formatted Monday and close the case. "Second I Empire Is the NEW FAST TRAIN BETWEEN York and Buffab via NEW YORK CENTRAL Hudson River R.

Laves Grind Central Station danv except Sunday at 1 P. M- arrwi. Buffalo 1 1 P. stopping it Al way, utica, Syracuse and Rochester. See time table in dally papers.

i Hbrnerfs SUMMER, FURNITURE! of every description or the Bedroom Dining Room, Sitting Rosm, I Lltrary, Hill.or Dto. Our assortments comprise the widest varieties. Separate Department devoted to Mission and Fkm'ab Fur.itur. R.J. HORNER CO.

Furniture iMakers and Importers, 61, 63, 65 West 23 St. SQUADRON'S FUSILADE ENDS THE WAR CAME All Admiral Dickins's Ships in Ac tion at the Finish, i AN ATTACK ON FORT MONROE Guns of the Fortress Replied snd I Smoke Bomb Announced the Close of the Manoeuvres. WASHINGTON, June 17. Rear Admiral Dicklns, commanding the squadron whlck has been engaged In Joint exercises with the fortifications of Washington and Bs timorej to-day telegraphed the Navy Department reporting the arrival of his squadron at Newport News and announcing that the exercises had been conclude! The last day. of the war game opens! with an attack on Fort Monroe at daws by the-: destroyers and the gunboats.

Thm of the! destroyers and two gunboats crept close to the walla of the fort before tbf were discovered. An incoming steamshli also gave protection to the mosquito flotilla, which banked itself in the lee of tht big ship and floated close In before beini seen. The fusillade was brief, but lively, and at Its conclusion the attacking craft deparoed toward the Th. In.t half Iiaiip Af Ih. arknt ween It he army and navy ended at noon.

The fleet under Admiral Dicklns, beaded by hla flagship Texas, sailed In single col- umn close in snore past every gun ot on Monroe. Every ship of the fleet was ia action. Wth equal energy and rapidity the forts replied. Every effect was there except the effect of the shells. In tb line ot battle three of the monitors followed the Texas.

They were the Florida, Arkansas, and Nevada, all painted In war color. I Then came the cruisers Newark and Atlanta, painted white. The eld Hajtfbrd waa next In line. The monltsr Puritan with the naval militia of the District of Columbia preceded the four destroyers, Whipple, Worden. McDanougb.

and Stewart, while the Hornet. Siren, ana Silvia brought up the rear. The battle flag of the Texas went down. iiid she ceased tiring after she had psssed Che fert, and her example was followed by the units of the squadron. As the but aunboat went out of action the fort sent up a huge smoke bomb.

Indicating that tas Joint exercises of the army and navy were at ani end. i CHURCH TO CURE DRUNKARDS, Sanitarium in an Episcopal Parish House at Newark. Special to Tkt Xtw i ork Timet. kewark. June 17.

A clinic 1 where persons afflicted with an uncontrollable craving for strong drink will be treauxi lahantut nrlvacr ia soon to be opened In the palish house of StJ Paul's Episcopal Church, st ign ana jar Streets. The venture will be supported by severtl local (Clergymen and la the result of sev ral months' deliberation. It will be US der the personal supervision of the Rev. J. Martyn Neirert, rector ot t.

rau It will be conducted along non-sectaries lines, although an effort will be made te combine a moral with a medical course of treatment, j' A lay reader will be on hsnd to loo after (the spiritual welfare of the Inmate The funds sufficient to carry on the piss for three months have been promised, and others stand ready. It Is said, to continue it if tho venture la a success. COAL MEN TO BE TRIED- Ohio Court Overrules Demurrer ts Anti-Trust Indictment, ifr Iiiim 17 Juries Stone. the demurrer of the Cleveland Coal PeaJ't era Association, known as the Coal Trust- This means the members of the assocla- tton Indicted under the Valentine antitrust law must sund trial unless a hlfh court reverses Judge Stone's decision. The Grand Jury to-day returned indictments against the members of the ers Trust under the Valentine anti-trust lav.

The following are those inlcte J. jjcomerford. E. H. Benhoff.

Char! K. Armour. Charlea Strlever, Frank HU-debrand. W. Thomas, R.

E. Green. F. Dreea. Joseph Wlnterbottons.

EJf Ellen. Charles felefried. IX. II. Robert and August C.

Caleb. The Grand Jury also sprung a surpass when It returned Indictments twelve members of the Cleveland Ma" and Tile Dealers- Association, who sr charged with combining In restraint trad. Furniture.