The New York Times from New York, New York • Page 16

It? P20SEGDII0H RESTS IN THE IIOLIHEDX CASE Ex-Gov. Black Denies That Defensj Kept Witnesses from State. Testimony at Previous Trial by Mamie Melando and Joseph FarreJI Barred by the Court. Counsel for the prosecution rested thlr case against Roland B. Molineux yesterday.

Only a few witness were examined and court adjourned at the clow of the morn-ins session to' allow the defense to prepare Itself for Its motions and proceeding. After the adjournment c-Gov. Frank 8. Black. Mollncvx's principal counsel.

n-netmced that he would move this morning for a. dismissal of the Indictment and a direction to the Jury to flod a verdict of tMt -J- Mr. BUck said that In the event that his motion waa denied by Justice Lambert, he would Immediately make the opening speech for the defense, and that a formal defense agairst th charge of murdor would be entered. At the former trial the case was allowed to go to the Jury without a defense. In the -event of a defense being made tbe defendant will at some stage of the proceedings take the stand.

Th prosecution has required seven full days to present Us evidence to the Jury. In the former trial It took many weeka tac-compllsh this. Mr. BUck said that it would take about three days for him to, present the evidence for- the defense. It is considered likely, therefore, that the case wiU go to the jury on Monday or Tuesday of week, The most important event In the hearing yesterday wa tbe decision of Justice Lara-bert not to allow the reading of the testimony of Mamie Melando and Joseph Farrell taken at the former trial.

Mr. Osborne sought earnestly to get the Justice to change his view, but without avail. Thls Is a point which has never been adjudicated In this State." raid the Justice, in deciding. "The same point has been decided, however, by the highest court of Calif orhU. which State has copied the New Tork statute on this subject.

That decision was adverse to the position of tho proee- cution. It is not certain what would be the view of the. Court, of Appeals in thU ThU Is a case of long record, how ever, and there is every reason why It should reach a final adjudication at this trial. While there may be justification. therefore, for the position the District Attoi? I have a doubt, and under the circumstances I feel constrained to give the benefit of that doubt to the defendant." When the Justice had made his decision and finally settled the point.

ez-Gov. BUck arose and in a voice almost trembling with emotion replied to the charges of detaining -7 witnesses in New Jersey, which had been made against counsel lor the defense. Mr. -Bmck ald: claim has been made here in court that the defense in some way was at- tempting, to keep witnesses from the jurls-: diction of this court. 1 want to say in behalf of the defendant and of all his counsel that they havo neither done nor procured nor known nor countenanced any step of that sort with reference to any witness In the State of New Jersey or New York or Is no presumption of that kind.

Justice Lambert. "Viltn your Honors permission." con tlnued Mr. Black. I have simply made my opposition to the reading of this testimony within my strict legal right and not because I feared any I. am un able now.

and 1 have always been titrable, to try a lawsuit except within the strict rules of the law and within those other unwrit- ten but well understood rules which should govern between counsel and a court. Within those limitation 1 have always Intended i m. ana am mere now. protest against, and I disapprove, the method of trying a lawsuit or exploiting beore a Jury by proclamation, by interview, by the distribution of handbills upon a atucwajjc, as patent medicines are aa vertlsed, as salves or powders are put be fore the Dubllc that method I Hiinnrnv, When Mr. Black had taken hi wit Ui who was evidently excited.

Jumped up as if to address the court. District At--tornev Jerome, observinar tha flempannr Ills assistant, pulled Mr. Osborne to hi seat dv tbe back, or m.i coat. Then Mr. Je rome nunseu arose ana said, very deliberately And emDha.tlca.il "I cannot ouite see the relevancy at the Governor's remarks to this case, nor quite that conscientious devotion to the rules of law that his remarks indicate exists In his raina.

1 Know nothing or handbills. proc la mat Ions, or cbarae aaalnst these roun sel; whatever has Uken place was said, as far as I know, by me personally, face to iace wiio counsel tor tne aerense. and I distinctly said "that there was no ohnre-s lhvr. but there waa a subject that was properly within the scope and duty of the District Attorney to present to tne court and Invest tigate. 'f0far as this lurv la concerned, e-r-eev thins; that has been done has been done in and counsel will recall that Yester day myself proposed that this was not the nrODer subiect of discussion In the murt before the Jury, and was about to ask to have, the Jury retire, that the discussion might be carried on.

Nw. no charge have been made anywhere except such as have been made be-' fore your Honor in court here; and that we have desired and endeavored to sustain by proper legal procedure, and your Honor has decided that the question is too doubtful to allow as to proceed in It. a ruling In which personally I acquiesce perfectly, because, while I think that our position is proper as a legal one. It undoubtedly is in this case a close question, but there have been no charges made except such as appear before Honor here In the course of our duty. Those we have no reason to regret; those we take back no jot or no tittle of.

Sir." After the discussion had ended. Justice Lambert said he was satisfied the Jury would take the facts which the court al- lowed to be submitted to them, and upon that basis make up their verdict. Daniel B. Ames of California, who said he had ben passing upon disputed handwriting for nearly forty years, wan then called. In his direct examination he expressed his concurrence in the opinion of the other experts, that Molineux wrote all the disputed writings In this case.

Mr. Ames admitted to Gov. Black that he had given evidence tn certain cases which was found afterward to have been Incorrect. Andrew A. Know leu was the Ust wlt- Tea for the State.

He Ik. cashier of the slechanlo' National Hank of this city. He was railed as an expert and he gave the usual opinion that Molineux wrote he dis- puted writings. Mr. Osborne wanted to ak the witness If he would iv a check upon th bawl of the dixptited writings as compared to the r-onceded onea.

but the court would not allow the question John V. Mclnlyre was recalled bv request ot the defense. He was asked when he ao-vised Mra. Rogers lo hire a private letter box. He said that he first met her In 18l7.

although she had been a client of hla nart-rrW to that time, sirs. Rogers testified that ae had hired a private letter box In 100. at Mr. Mclntyrc's suggestion. ODD SCENE ON OCEAN PIER.

Two Women Weeping and Watching for Mm with a Just before the While Star liner Majestic Killed yeatenUy mornirg the attention of the passengers on lrd the steamship waa attracted by the behavior of two women who stood leaning over the port rail. Both were well dreem-d. and they were apparently rnoitwr and daughter. Officer of the shlf did not know h.j tliev Were. Hie old-r woman, waa War.

it tcif the that li htl cntitc iUwn to Iho pier afme.l with a rev ilver. Jfetaeen tlai wII to lite young wom-in: "This tn the riU of your telim? him about your hurmleo tllrtatlcns. and oaHtn; ot them." They -Rlanced arund to ke if the mysteri- ''he" hid come aboard the ship, and "-they wept togethar uctil ii fis time for old woman to leave th-, ship. She the pier In a hansom. Want' WaUabout Canal Dredged.

Many wholesaler and retailer doing business in Brooklyn want the Wallabout Canal dredged at the expense of the Federal Government so that.u will be oavl- gable to war and merchant vessels of mux. toum draught. A meeting In favor of the project wm held at the City Halt yester- dar afternoon, which waa largely attended by representatives of shipping lntereeta and merchants. It waa decided to have a bill prepared and taken to Washington by committees to urge its passage. a FOR SERVANTS.

The Annual Distribution of the German Housewives' Society that Has Itt Tribulations. The German Housewives Society, that Is endeavoring, to solve vhe domes tic service problem for Us members, had Its annual distribution of prises for servants yesterday afternoon, and in a meeting afterward several of the members spoke of th tnaakless-nesa of the kind In which it Is engaged, particularly as far aa mto-tressea are concerned. ach of the twenty-eight: servants received a fen-dollar gold piece in a little white box. flowers, and a-gtlt-edged card, on waa' announced In German that tbe recipient had given two years of faithful aervlce th one family ani received tbe reward offered by the society for such, The prixes were received with thanks, and when all had been distributed the servants were taken, to an adjoining room at the Tuxedo where coffee and cake were served to them. Six were put on a specUl honor Ust, as -each had won for the second time the ten-dollar prise.

Seven years ago the society was founded to "guard the interests of household employer and employe. and. according to the reports made yesterday. It has been having more trouble with the mlstresxes than with the sen-ants. The latter are difficult to find, but the former talk right out in meeting.

If they are not pleased, and the officers of the society, who boar the orunt or it, are about to inaugurate a strike. rMra. Ward, one ot the Directors. and tiiey are very disagreeable onea. We have Just received a letter from a man, saying that his wife is a member tn good standing, and that he would like to know why she Is not supplied with servants.

We don't like to reeetre letters from men. the women have anything to say. we are very glad to hear from them. and. If they have any suggestions to make, we are always look ing tor ideas.

Tne servant question is Becoming more difficult every day. When bank Directors meet, each receive a little envelope with something In it. we attend an ot tne meetings ot our society and we get envelopes, but there la nothing pleasant In them. Let the women who are in good standing, out noinmg eise. do a little more work, take a little more Interest, serve one day in the montn at the society rooms, and near the complaints of the mistresses against the maids and th.

maids against tne mistresses, iney win understand m. little better then. If they do not like things, rt is always possible for them to resign. As it is. we get nothing out abuse.

And poor utile Airs. Mains: Mrs, Rains is tbe office manager wno is taken to task by mistresses and maids for everything that goes wrong. "Poor little Mrs. Bains! echoed Mrs. F.

v. Oertsen Barber, the President. I say amen to everything Mrs. Ward has nM. We must keen the atria who have come to us in the society.

If you have one who doesn't happen to suit you, don't giv-her to a friend who isn't a member, but send her back te the office, and we must be JURt and fair in our references; If a girl doe not please us about something, we should not refuse her a reference If he Is and faithful in. her work. It Is necessary to be very The officers of tbe society have learned to be, TELLS OF MURDER CONFESSION. Woman Witnesa Against Duncan Young Is Said to Have Made Contra- dictory Statements. Duncan Toung.

who is undergoing his second trial before Judge Foster in the Court of General Sessions, on a charge of having murdered George Bberhardt, a plumber, in 1899, yesterday took the stand In hla own behalf. Toung ia charged with having shot Eberhardt while trying to escape after a burglary at 313 East Sixth Stieet, He denied that he had any part either in the burglary or the shooting that followed. Toung waa convicted of murder In the second degree ia 1899. The principal witness against him then, as well as on this trUt, was Christina Ralnsdorf. with whom Ycung is said to havo lived at the time of the alleged crime.

She testified that Toung told her that he had committed a burglary and killed a man, P. A. McManus. Toung's attorney. In an effort to offset her testimony, introduced two affidavits, alleged to have been made by the woman at different times.

In the first affidavit the woman swore that Alexander Young, brother of the' prisoner, bad called at her home In Brooklyn on the evening of Oct. 9 and told her that one Timothy Sullivan, -one Capt. Diamond, and Wardmaa-Blssert, and other police officers were behind hU brother, and that if she dared to testify against him her former ilfe would be raised against her anl she would -be. ent On the other hand, the woman swore, she was told that If she would give testimony tn favor of Young she would be well taken can- of. Kdward Youngwitx.

a Notary Public of 170 Grand Street. Brooklyn, testified that on tbe evening in question he had accompanied Alexander Young- to tho woman's home and taken down a statement which she had made to him. In that statement, witness said, she declared her testimony at the former trial waa false: that she knew Touns to be innocent, as he had been with her the night of the murder, and that she would like to change her testimony, but did not dare to do so becauao the detectives had threatened to send her to jail if she did. District Attorney Jerome says he has letters written by Toung since his conviction for the purpose of inducing witnesses to stay out of the reach of the DUtrlct Attorney until the trial was over. NOT A PERSONAL ATTACK.

Controller Grout Explains Charges Concerning Trustees of Deaf Muts Institution Hearing Postponed. The further hearing of the charges preferred" by Controller Grout against, tbe Institution for the Improvement of Deaf Mutes -In Lexington Avenue was adjourned yesterday by the Board of Estimate and Apportionment until Nov. 7. Ex-Judge W. N.

Cohen haa filed with the Controller his answer to tho charges, and Mr. Grout wanted time to confer with tbe State Board of Charities and the State Superintendent ot instruction. Cohen, in consenting to an adjourn ment, asked Mr. Grout to say something-regarding the personal Integrity of offlcUU of the institutions, whereupon Mr. Grout saio: I have never in any way.

In my report or otherwise, assailed the personal Integrity of the Trustees of this institution, or said that the money was dlMhonesrly used. I have merely atatad that monev waa iimvl for building purposes which should have oeen ugen tor maintenance. Tnia la contrary to the rule laid down by the city." a request was made to the Board of Estimate for 1173.000 for a bridge over Hoston Avenue in queens, and It was referred to the Knglneer. The present structure Is In a danarcrous condition ami i- greatly used by carriages composing funeral procession. The board referred to tbe Rapid Transit Commission a communication regarding pipe galleries in the rubway, so that plana may be prepared.

The board approved a puna imue 01 lor iae Atlantic Ave nue improvement In Brooklyn, ASTOR ESTATE AND THE TUNNEL. Property at Broadway and Forty-gecond Street May Be President Orr, It. and Dep. uiy controller wievenson, composing committee appointed to confer with the Asior estate, which owns the property, and tbe tenants who occupy the building at the northwest corner of Broadway and Forty-second Street, beneath which' the tunnel, ia to run. me: yesterday.

The Astors announced thetr wllllne-naoa to glve.the right of way. i Taaid "KyTSE no desirr to use the city to effect anv change In -their" relations with their tenant whose leases have yet three ywto tenant made a demand foe Slo.O0r to vacate their holding for tho six months that the building will be ia the hand-of the contractors. This the committee declared too exorbitant for connl'l-eratlon, but said that a proposition would shortly be mad and that If th tenants reject It the property will be seized under the law of eminent domain. THE yEW -YORK ft nTTTf4 TArrn 'CIIY BEGEi LOUER; TAX RATE 10 BE CUT Estimate is $97.1 1 9,031 crease of $1 ,500,569. D2- LEVY MAY DROP ONE-EIGHTH Reduction of $3,966,352 In State Taxea Largely Apporti bned In 'Increases Among the The' Board of Estimate and Apportionment yesterday' made public the budget for 1903.

It calls for 107,119,031.10,. a decrease of 1.500.509.78. Thai following table shows In detail the Items tir the different departments with the Increase and decreases compared with the bpdget of 10O2: THE CITY OF 1902 Revised Bud iret. -Modified by Tranpfera. The Mayoralty s5a.orc.oo 149,852.00 (SH.4OO.00 ia.ai7.mw 1U.194.4M.73 4.515..V 2d 3.V).B3M.oe 429.74M.OO 1.741.

tlS.43 l.o2e.oiio.ne 1.HH.W0.25. 347.9W1.00 807.143.M 4.4.-J.74.2.1 l.M7.37a.ao 1.757. 1SO.S5 M2.OM.4t 7HU.434.s3 I.OH2.40I.S9 B.1S7.I12.W B.19U.e21.00 821.OU0.0O 91, 200.00 1i.2i7.ea 10,223.017.77 208.8.-17.00 197.uiiO.00 15l.13O.00 9K.ntio.oo 47a.2W.OO 245.81 7.S3 6.154.00 S91.54.I.80 1M.05O.OO 389.9SA.00 83.tOO.oO 1A4.45O.0 18t.8S1.00 S.726.704.24 l.Sas.5453 Board of Aldermen a hd City Clerk. Department of Flnaaee Interest on the cltx lebt. Redemption of th el debt Stat tax Rents Imw Department President of Rorouah of Manhattaa.

Prealdant of Rorouirh of th -President of Borough ef President of Borough of Queens Presldsnt of fctoroust- of Department ef Bridges Dept. Water Supply. Oa. sad le. Department of Psrkn Department PubUc Charities.

Bellavu and allied I ospttala. Department Oom rtion. Department of Hesl h. Tenement House De Polic Department M' Board of Kleoilon. Department of Strecl Klre Department of Taxes and Hoard or Assessors -Armory Board Department of Educi tkm.

College of the City New Nocmal CoUeg ef CI ot Kew- Tork Coroners Commissioners of Ac -ounts. Civil Bervtr Com ml i nlon. Board of City Recor I. Board ef City Record Kxamtnlng Board of Plumbers For library purpose? City Court of New rk Municipal Courts. City of New Tork.

Court ot Special Cession. First Court of Special Sessions, Second Dtv city Magistrate uoarts. First Jlty Magistrate coons, Second Dtv. For ettarttabl InstitSUon Miscellaneous Total 94.a.872.SS RECAPITULATION. 1902 Revised Budget.

Modified by. Transfers. The City of New Th County of New JYork. 4 i aw -county ot A.tag........ Om WUOiy Ot iae vounty oc ucmaana Total In connection with! the work of the board.

Controller Grout fesued' a statement la which be says in pirt: The tax rate tats Tall is about four points less than thi rata a year sko, and only one other year since consolidation. In 1898, has shown a lax rate less than the preceding- year. TJpon tbe budget Just made for next year tbe tax bills of next Fan will be lower still. The reduction 0 $1,500,000 In the total of tbe budget will I take off about four points, while tbe nw buildings and ether new property subject to taxation for the first time will take off about four points more, so that next iear'a tax rates, on the basis of the old sk-stem of assessment being continued, wpuld be about points less than lasd year's. If the sinking fund relief measure, ko which reference haa been made several times, and which will shortly be made public, goes Into effect, it will produce a furtb sr reduction tn the tax rate, on the same Jasfs of assessment, of about twenty-five lnts, so that, entirely apart from the cha nge In the systetn of assessments, we an nclpate a rednc-tlon In taxation next year not lets than which reductloi i.

taking Into account the new property ilch each year adds to the assessment roll, would reduce the tax bills by about one-el rhth. The' new system of assessment will Lt least produce more equality in the dls rlbutlon of the tax, whatever else lt doe: or leaves undone, "Analysing the budget more in detail, there is a decrease In the State tax of $3,065,000. Of this ecrease there la preserved In the grant totals of the budget $1,500,000, leaving a sum which we have applied to general city of How that sum has been allotted Is. shown In the Increases to tl le Board of Education. Police.

Tenement Commission, Department of 8treet Cleaning. Interest on the city debt, publl parks, public charities, hospitals. Dep rtment of Correction, Board off Health, pi bile libraries, and the different borough dc artments. Continuing Mr. Grout says: The only other arge items In the Increase column are re apparent than real.

The increase in the Department of Water Supply. Gas and Kiev triclty consists largely of transfers to thai department of sums which heretofore bat been allotted to other departments for th lighting of various public buildings, the duty now falling upon this department. Of the apparent Increase In tbe. Department Finance, only Is really such, being in allowance for additional work which tie Increased activities of the city departments generally, and the necessity of developing the real estate bureau, put upon the department. The balance consists of the consolidation with the departmental budget of certain small accounts hitherto sepa a ted, and of the sum necessary to dlscor ttnue completely the practice which has prevailed for many years past of meetln ps rt of the expenses or the department the Issue of special revenue bonds, whlcl has resulted in transferring the expenses if one year to the next year' account." After explaining it creases In the Board of Elections, Fire 1 Apartment, Law Department.

Bureau tf Taxes and Assessments. National Ouaid. and Armory Board, Normal College. City Record. Court of Special Sessions, and the Register' office.

Controller Grout cm tlnnes: In the office of tl District Attorney of New York County an effort ha been made to make the appropr atlon meet the actual expense of the offi Instead of leaving, as heretofore, a sul stantlal deficiency to be Inevitably met at he end of the year by transfers of unexpe ided balances. As a whole, the increases ire only modestly proportioned to the abc lute needs of the city, fairly equal to the ir creased demands of a population growing at the rate of 100.000 a year, and so nearly i roportioned to the In-crease of taxation venue from the new property which ea -h year's municipal growth adds tr the i oil that, if there had been no reduction In the State tax, the Increased allowances municipal purposes would not have increased the tax rate Pii-vate libraries receive no Increase, and will be entirely excluded root the next budget. In view or the oprnlng next year of many Carnegie branches hlch must be maintained by the city, ivate charitable Institutions receive no lm- -ease In rates, nor are any new Institutions added to the list, the opinion of the board i elng that the subsidy svsU-m should be rest rlctod rather than excluded. With the revlslor of assessments now under progress in foi ce und the reform In llw tdnklna: funil ronirmiiwi tire Intended to go hi nd In band, there will be a situation ultima el very much to the advantage of the taxpayer, and on whic I have not seen suge sted before in print. Hereafter every chat ge in expenditure on the part of the cltj.

which exceeds the increase In the city's revenues and the tax returns from the new property which each th. change which must show In I i tax rat, and which cannot be covered by change In assessed Kvery admlnistrat ion Is sensitive about Increasing the tax ra e. and th taxpayer of th ity win thua have something of guarantee against .11 anon lncreaseVhlch i.r.. necessary. In these vi taxation we shall th.

way of a I Ue4-rate of UMUorl'wiTlcb? wul SSf varj fW.tm.872.tM 2.2WS.708.73 1.182.790.3O 144.474.00 63. 755. 00 S98.819.e90.88 TDIES. THUHSDAY. greatly from year to year, a result which Will Do OUS DOin iu iiic niiiKiiis -assessments and to enabling the city to profit by the yearly lncreHe In Its water, dock, franchises, and other revenues now burled In the sinking While the economies of the administration are doubtless lea than many persons expected.

1 believe It cjimnot be doubted that the City Government as a whole, considering Ita expenditure of moneys derived from bonds aa well as from taxation and the elements of efficiency. Industry, and honesty of expenditure, and making due allowance for the mandatory legislation, fixing saUrles. as well aa for the tedious and often expensive methods of letting contracts and of conducting publto buslneaa which the law requires, la neither uneco nomtcaL nor extravagant, but. on the contrary, la almost uniformly producing a dollar's worth for every dollar expended." The budget will be submitted to the Board of Aldermen probably at a special session, aa the next stated meeting of the body will be held Nov. li The Aldermen have twen-.

ty days in which' to act on the They may decrease, but cannot Increase, the appropriations. The Mayor haa the veto power over their actions, and a three-fourths affirmative vote of the Aldermen Is necessary to pass matters despite, the veto of the In reply to a question as to where tbe main credit belonged for. tbe reduction of the city budget. Mayor Low said: It Is quite evident that the reduction In the budget directly attributable to the NEW YORK. Budxet for.

1W0X lucres as. Tiecrea. i l.VXI.ViOO 9vi.vso.eo IX2717 10.417.3.' 17 MO.13T.2H 1.703.4:a&0 1.0-1.KI.10 1.164.2rt0.23 ari.9Ko.oii 1 4.8i.8.2.2.,t l.M2.S:tl.M 1.78" Tui.ttrj.co 1.0.-H..TW1.4S ll.lWM.Wio.42 S.SH2.U2 ao 340.9OO.til 30,900.00 1tl7.807.no 20.tMU.01T.7T 29a.32.00 220.0H0.OO i5t.auo.oo 131.ono.uo Pxi.oiw.no 18,800.00 4.11.64.180 i.ia,o.io.oo V2.23U.OO 9ti.13O.0O 34.400.00 ia, 430.00 172.Mno.oe 2.728. 24.04 168.204.21 I21.VOO IW.a0.lo 2Zt.8o4.43 i v4e's iiw'srita er eer 4ese 1 Mi 4 80. 8 13.00 33.O0O.no 23.K1'S.OH 130.47T.M 4.9M.I3 4.VMt 3x.494.se 21.6-17.0 31.9S0.TV 14.1,4a 2SI.4M4V.12 20.IHIO.00 173,000.

no 18.e79.28 28.900.UO i5aoo t. OKI (Ml 2.000.00 We 9ua00 seas 4T8.00 4............ 43,335.00 'xsoa'oA 11.100.00 Viooiao6 1.539.80 24S.817.22 :e.S.. K- J4jMT.Sri3.S9, SOS, TOR. 98.98 $2,790,727.72 1 Budget for 1903.

XacrMs. Deeraase. 2.S27.79I.81 1.174.903.89 ea.Hio.a6 $2,790,727.72 68.772.44 ll.3m.S9 14.4X2.88 $4.7.8.0.39 19.873.00 1.470.OO 2.T94.S. $4,378,873.03 $7,119,631.10 SS. $78.

00X23 ajArHos.1 xstwslltlea Aa 4U B-Vu-X 1 -wwp va aasv VIUal.t a difference in one year.f innrenni poasioi to reaUCO 1BC City tax rate by four points." PUSJERERS IN CONFERENCE, Seven Hours Discussion Did Not Load to an Arbitration Agrooment and trie Committees Adjourned, i The. committees appointed by the Operative Plasterers Society and the mploy- lng; Plasterers' Association to try to ir range for arbitrating the plasterers' strike met yesterday afternoon and evening at the Building Trades Club, 1J2 Broadway. but could not reach an agreement. Another meeting will be held this afttmoonnd la the meantime the strike continues. At yesterday's meeting the representatives of the plasterers proposed' that all the plasterers return to work under conditions existing before 21.

which Included 45 a day the eight-hour workday, pending tho appointment of a committee ion both sides to draft an arbitration This wa rejected by the employers on the ground that the plasterers would ie simply returning to work under many conditions objected to by the employers. Including the appointment of the foremen at buUtflnjrs by the men themselves. The employers submitted a counter proposition to tbe effect 'that three arbitrators should. appointed on each side and an umpire selected lo arbitrate tbe dispute, and.ihAt.aa goon as a commission of arbitration was s- taoiianea in men snouia returnto work. The meeting; talked over th two propositions for seven hours before the two committees adjourned to.

meet again to-day, LEGAL NOTES. KuiasKCKs. The question of locatiop as determining nuisances was discussed lately by tbe Supreme Court of -North. Carolina. In the case before lt (Duffy vs.

K. H. J. A. Meadows 42 Southeastern Tteport er.

460) the court decided that' a' guano manufactory, though largely ne unoeooonsed. decayed fish In its processes. Is not a nuisance per se, unless It la sltts-ated as to affect the health er comfort "bf the community by means of Us odors. 'The court said in part: This court would low to declare any lawful business a nul-" Vr se, A slaughter house looatod in a thickly populated town or city, or a manufactory of guano similarly situated, in which the chief material used waa decayed fish, not having gone through a process of decdortsatlon, would be nuisance, per se. and there may be But If slough, ter bouse was situated in a place remote from residence and publto highway, it would not be a it was shown that tho business was conducted Tn an Improper manner, as by allowing or permitting the escap of gases, stenche.

or vapors, thereby producing serious and substantial discomfort and annoyance to those residing In the neighborhood, from a want of proper care ln the removal or burning of the offal from the premises. Such a guano manufactory aa we have mentioned, so remotely situated from residences and highways as not to affect the health or comfort of the community by means of odors, would net be a nuisance." Revocation or "Wills. The Supreme Court of Wisconsin has held. In re Noon's Will." that, under Revised Statutes. Section 2.290.

providing that no will shalt be revoked unless by burning, tearing, canceling, or obliterating the same with Intention to revoke, or by some' other will or codicil in writing, executed as the law requires, the operstlon of revocatory clause in a will. Is immediate and absolute, and the destruction or revocation of the will containing the revocatory clause does not revive the former wllL Where, said the to dwn "scuted with the formality required by the statute and contains an unlimited revooatorr clause, all former wills are wiped out and held for naught. The act 1a one done Solemnly and deliberately for present effect, and not one contemplating that future circumstances are to determine, whether It ehali have force. By the great webrht of authority in thi country the or revocation of th subsequent will containing the revocatory clause does not have th of reviving the former will. There! fore th fact that the sveond will wis dot stroyed, or -could not las.

-found after the testator datli. did not revive or give lelni VlUUty to the former one. Kal rr 1 for Use In a permanent building under a contract that lt shall remain the property of the eller. or on which, arter It ia placed In the building, a chattel mortgage Is given by the purchaser to the seller. Is held, la the ease of Anderson vs.

Creamery Package Manufacturing (TO. lawyers uZ. ftf fUf0-. t6 WubTectRto th lien of a real estate mortgage of data Prior to lh pUrchaiH, of m-chlnery and It ia also held that the mortgagee ha a right of action to forcclo his chat let mortgage. toanei Th Political otlk will ifcr In TDK ickcv LljuV--'fT- OCTOBER CJICOI f)T) T7TY O'DTUT CARH'AKD EOIOIELLY: -ACQUITTED OF HURDER Jury Out Only a Few f.inutes in Trial for Shooting ef Detective In Long Island City a Record Breaker for Time Defense 8prang a Surprise.

Michael. Carr and Fraak' Donnelly were accused of having-shot and killed Detective Sheridan In Dong Island City on th morning of July IS Ust. were acquitted yesterday by the Jury which heard the case In the Queens County Court, Justice Gay nor presiding. The trial was a record break er as to time. Less than four hours wss actually consumed in taking evidence' and the addresses to th Jury.

Ninety-four witnesses had been subpoenaed, but Justice Oaynor refused to listen to repetitions and redundant testimony. Patrolman Sbelberg, who was Sheridan's side partner on the night Sheridan was was the only' direct witnesa. swore that be had recognised Carr. but not Donnelly. A pair ot Donnelly's shoes was shown to fit marks fa the mud made by one of the murderers.

A patch on the sols formed the distinguishing mark; but this evidence was destroyed by Justice who warned the Jury not to pay too much attention' to It, as he younger. often had his shoes repaired In Just that manner; It was a common repair by cob biers. William U' "Wright was put on the stand as the people's star witness. lis lire close to where Sheridan was murdered, and saw two men running away.f He positively Wen- tlfled Carr and Donnelly as tbe This evidence was rendered weightless a minute after Wright had been put on cross exaro- taation. He: estimated the distance from where he was to the spot where he saw the men running past as 130 Bert Hum phries, who wss defending the neia up a cabinet photograph within twenty feet of the witness, and be could not tell hat kind of a photograph lt was.

He admitted hla eyesight was poor. In his own defense Carr said he attended a political meeting on the nlgflt of the am? then home. ok ofOila lV Sown.on sdt went to steep, and did not awaken until ihi officers to.frr"t. h'm- txnnellr claimed TS. Jl th.

n1 borh ood of hi home all Th. Ht2ihom? anU ln o'clock. and several, friends fJh wU1, corroborated their testimony. T.n. r.

Humphries sprung- surprise. He called for Chrle let khan, one of th ang of burglars, who earned clraency and was allowed to proa by turning Btat evidence and causing his confederates A be sent to prison tor long terms. Bleckhan testified that about o'clock on the morning Sheridan was shot he and another -of the gang reached the Buckley Street house, which wa his gang's headquarter. When they reached the stoop a man pushed a revolver in their, face -and commanded them to halt. Witnesa said be th man as one ot his pals.

Dominlck JUcco, and called to him. and tht Rlcco was greatly excited. Ricco low. ered hi pistol and naked if they had corns irj icuun Avenue ana naa seen anr cuement down near the railroad tracks, tha "Pot being that where Sheridan -wa filed The Inference wa that Rlceo was present at the shooting of Sheridan, and that had Just reached the Buckley Street house and mistook the witness and hi companion for officer. Rlcco was In court, dressed tn the United States marine uniform, be having been found last Saturday at Norfolk and brought back on Monday.

When Ricco heard the testimony he leaped to hi feet, exclaiming: It a lie! A Deputy Sheriff dragged him to his seat. i th evidence all rn, Mr. Humphries ssked that the court dismiss th Indictment. He claimed there wa not on bit of evldenos- to connect Donnelly, with ttm case and only the unsupported word Of a polic officer agalnat all: the Other evident having been destroyed. 1 Juatlc.

Gaynor Indicated that be was Inclined to do as Mr. Humphries asked, but for ten minutes the court at -silently considering th case. He finally remarked: "It would be safer, I think, to lt th ess go. to th Thl was taken to mean that the court was. Inclined to discharge Donnelly out feared that if he did ao the Jury might obtain aa lmpreaslon that a cas had ben madeout ia the Judge's mind against Carr.

Tbe court' charge waa highly favorable to tbe accused, and the Jury waa out only a minutes. 1 HUNTER ON TRIAL; AGAIN. First Jury Disagreed After AII-NIght Session Assault Now the Charge. the Carr and Donnelhy case had been of In the. Supreme Court, Lang City, Jeremiah Hunter, the colored man.

who staot a dosen or jnore policemen on Labor Day and about whoa guilt a to shooting a cttlxed a Jury dhutgreed about earlier In tbe.day after aa all-night deliberation, was again placed oa trial, time the lndlrtmest 'charged him with assault In the flrat degree In that he had shot James McKenna, patrolman, renderina him totally blind. When th Jury had been obtained from a special panel McKenna was called to the Mand. He waa led to the witness rhair by two other policemen. A soon a be waa wora jusuee uaynor asaeo mm: AfcKenna. ar you wholly si-htlef Vea, your Honor: I have nor seen even light since I was shot, and never expect to aee again." McKenna' a voice trembled as.

he spoke tn wax woras. ana it took btra a couple of minute to gather himself together and begin hla atory of th event leading up to th shooting. McKenna Is but twenty-seven years of age and Is finely built lie had policemen but a few months. He told of being met by William Thorp? who told him bad been shot by be started -for Hunter' dUm i It snd srrest Hunter. He was In, the pUdat mivtf wucn qjournea.

SERVANT GIRL STILL IN COMA. Nellie Corcoran Gives No Sign of Re. covering After Ten Days of Unconeclouenees. Corcoran, nlMtseny ear-old servant girl who has been lying 1n a com. at St Vincent's Hospital since Oct 19.

is suii. so rar as tne pnyticlans can ascertain. in an unchanged condition. Her heart beats, a sharp prick with a pin In her foot caused her to draw It away slightly, calling tier name cio to ner ear makes her ooen JSs'of Hf" but lv. no other 7, iis.e esamineo tae youna woman.

but non haa given a name to her sffecUon which satisfies either himself the other physicians. One hypothetical diagnosis waa hysteria, another meninsitla. but neither met with favor. Th doctor seem to agree, however, that th rlrl 1 not drugged and that she Is not iinder hyn. noUc influence.

At the hospitar niLci it wa said that no similar cTaiTwaa e. The girl's mother, who live at 1.407 that her daughter haa never bee alio wo to fall Into a comatose state before. --CANNOT SEE BROKERS' BOOKS. Decision Against Mrs, Adams in Suit Against Henry Clewa Co. Juitlce Hall of the Supreme' ha handed down a decUlon hoitlU to the application of Mr.

Xelllo Adaaia In her caa agalnrt Henry Clew nvCk brokers. She Oemanded in order ta huv the company a boiks asserting that they, had received a.rW pi her RVny and had not Invest-! It aocorthinoa with an agreement she m.idt wl.h I hem Jriv-chargod that they mn a and not a k-giMniit btislnest. If lha statements," says Justice Han "were sustained hS tngi th plslntlff md h-r attorney. ibeVweold Indeed be mu would min7ihd th attention of any court which prs.nted. but they I rl.tJltf'X the most positive sad unquestlenabi a.

I I je -T "I TKlNYAY MALL, 407 East 14th Street. Thj csd -Tbs C'l's tt2 are the finest In the world. Bat when all is said these gapcrb materials sod means of prod act km bear no more relation to the srtwtic qualities of the Stela way riaoo than the point end palette of Turner bore to his pointings 'or the lawyer's brief to the eloquence o( Webster. 4 It is the brain, the training: and the experience that en- dow crude materials with fa their highest value. pn account ot the up-' bearal in Fourteenth Street attending the building of the Subway, Steiaway it Sons have prepared to meet their enstomers at their trp- town store, WIMOSOK ARCADE, Ftftn Ave.

anal svetn tt Notice 16 the Public. i Bass fc Co. will be grateful If the pub lic communicate with them when they have reason to suspect the genuineness of ale supplied either as Bottled Bass or -Draught and Bass St Col hereby tre notice that legal proceedings will be taken against any person who is detected selling as Bass (whether In bottle or on draught) ale which Is not of their ir HARPERS Illustrated $L59 'The humor OUS ad- jroitures NESDIT honeymoon delightful 'horel now ready lit book form that The Wootdbe- appeared serially in Harper's Bazar." goods, etc. HAR.PCR. 0BR.OTHaUlCSi Franklin Square).

Now let every member of the defendant's flrra, but by th af fidavtt of aewrii-every broker with Whom the allsarer4 actiona were bad, showing that th stocks were actually received or-dellvered In each case' Ten dollars for costs were Imposed 1 cm Mrs. Adam with the denial of the sboIWmi or an examination of th books. GOULD'S EX-VALET LOSES. Vuty Decides Oamage Suit Against Man i wno said He was Promised iir job. Howard Goald veterd-v won tK mmuI 'trial ot tb rait Instituted against him by nl lornier valet.

Frank D. Mowbray, who demanded 3.000 damages on thc ground that the defendant bad dismissed bin after "promising him life position when he had oeen anjurea in a fireworks display on th Gould yacht several years ago. The Supreme Court Jury which had listened to th case brought In their verdict for Mr. Gould aftria hour's deliberation. In charging th Jury Justice Truax said that the first Issue to be determined waa the fact of whether th verbal roatra-t had been made, and that tbe letter written by th valet after th accident twist eenstderedsalong with; the rest of th testimony.

Kven If tbe valet had been Justice, tnla-nt have been dlnrharged for reus and yet-wot be entirte.1 recover damagea? -7kU ih? piUlU" rs be added. the defendant had a right to discharge mm. bt. In th testimony that alowbrav waa a drinking man. Thi V.I tunl.

took exception to th part of the chante In which referent w. mad to drunkenness, but the Justice refused ta alter hi talk to th Jury. 10 After th verdict had been rendered. 'or thirty days ld. -id h.

had en, obJectlS? ti was granted. Ltr Mr. Gould saM had helped Mowbray but that had been angered when Tib rrtUnc vSoikSKi brought the damage suit, I Instruct! my counsel." added. ta sppel from th verdict, if It. wsr ht me.

too matter how small It was. Vnd to carryhe matter to tho highest curtt If CLOTH FOR BRIDGE "cABLCSJ Waterproof Duck Around Strands of the Structure. 'A. large force of men wss set to wwk yesterday on the new Williamsburg Bridge by the John A. Roebllng- Sons Company, which I doing th cabl work, tne slag the, four cables with duck cloth, whkrh kas gons through a chemical process, and will protect th cable from all kind of wether lermany year to com, flume time a so LWrLmXl.

cab to protect tbem. It was pointed out to th BrWge Commissioner (bat th steel sheet, would rust and ruin th cahlii -VTtha uut- CHINAMAN'S WOUNDS FATAlJ OIH Who' Stabbed Foo Wan Insists' It Wag In Seaf-Defcnse. I Too Chine launrfryman of tSt) -oirv-, iiiimsburg. who was stabbed arly on Tueadav 1 -w sissies, in fmu place of buslnesa by Mary Kern, eighteen v'1- on nrth Ftreet. died vesterdav tuners IDJ Ills liver mm Th.

mr sli. im 4-it IfTer hVhaa asSBSBaBaBBsBBsaasaaBaBBB. tales of Pleasure Craft. -Through Stanley M. Seaman, tbe yacht brtkrr.

of SJO Broadway, the thlrty.flve-ft sloop warclssu has been sold Tor Ad.iir Krdman of New Tork. The. deslaned by 11." C. Wlntrlngham and bUt by tbe Green port, Rasln aint onstnu f'frm nm 1Q tM one the tnt ixcenfu cruising boat a ef her Throuah th same agency tb thtrtv-foo. Lucbee hi sold D.

Huntington, Jr, of liochcU. iy. and Is considered to be on 'WW Red Asrtltel. af niHssug ass, A professor calls dress coats relics of barbarism, descendants of the banting frock of our ancestors." Then the -coats of oar evening suits are ap-Jo-date relics; the suits bear the hall-marl; of the best of modern tailoring, $3 to $so. Dinner jackets Taxedos, we sell separate; $16 to $27.

If you're hunting a frock coat and waistcoat. we won't beat about the bush, but ear frankly that we're as good as any man need wear to $40. Winter overcoats ready to show oir 1 RoCEaS, PEET C01OA3fT. SZtt Bras war. erne.

Is'arrsav optsmt 1tr HaU. Ml Broawar. ear. lath. m's 111 asrdere ad 1" 4th Ave.

sty saaU. 1340 Broedsrsr, enr. OA. a a 4 West Sid St. Harts Vt CsnarVs.

mn. g2 SO aad $3.00 ssra, warrantetT. Kt. with bell aa faney $4s and t. Th ttotde Oaasur.

Hk kmc. matt trills. bth and tew Belt asd water awt. Kvenlng KUupt. saao.

$13 0, ILiM a4 Oik. Tslklnc Grry parrots, Talkln- Mba, aad ag Fsm-y Utnla. Carea all kinds, mrtm shirweS er Ksprea hei. tloldea's aarw ji.ok Hlnls." all facta, food, stacks, car. Maiies.

Ti sarr U. H. I101.UET. S44I etkj Arr. bet.

Uth-iors. Smart dressers enthuse over stich Overcoats. Good form touched off with tipltop tailoring. Short, medium and long, $12 to $40. 1 All suits dont took alike.

-Siy so'wba von see these 122. S24, $23 8c 2S styles I Two doIUrs for a name, not here oar yxhi SJ UiUslI have Ubcii. Dress and Street Ooves, til the food makrSi Spedal values in our. Cipt Out-seim and Birness-Sevn Odres, ji.00 ft.50t.-";?. Cor.t3tkSL Cor.

CtasI Sc. Near Oumbcra. BROADWAY Stores. The PoIitical OuUook. In tlie Different States A Series of Reports from Special Correspondents Willi 'Appear in The New York Times sssssa-assas Order from Your News-- dealer In Advance.

"There ii snow yesterday somebody said. How about yoar overcoat Do you like those loose, stylish coats Wc have 'em. Are you to the medium length We hive thit. toa Also the paddock if you w.it a really "swell "coat AQ the popular data. $15 to $45 Suits, SIS to, $2.

heavy, plain or incy goods. Smith, Gray Broadway at Jlst 5t. Wkh dress shirts ss was airy octet dress dotaes, if they're a wrwj they're all wtob. Our shirts rrt Cluett. Peabodv Co rQ 0.