The New York Times from New York, New York • Page 14

"I TITO HEW YORK TIMES, FRIDAY, MAY CO. IT 02. DHAT GBlllD MOBS SA1Z AT COHET ISLAND Excise and Sunday Closing Laws Openly Violated, fl Raines taw Hotel Greatest Source of Evil Transference of Two. PoUce-men Demanded-Conditions Elsewhere in Brooklyn. 1 the membera of which, at the suggestion of judge Aspmaii, recently visited coney isi and Individually to look into conditions yesterday brought In a presentment In th County Court upon the prevalence of at tne seaside resort ana eisewnere in Brooklyn.

"We find." say the Jury, "that the greatest source of evil la in the existence of the numerous so-called Raines law hotels. We find that the excise law Is openly and flagrantly and liquors are served cn Sunday and during- restricted hours without even the pretense of a meal. and that dance and concert' halls are car- rted on In a treat many Instances as well In open violation of the law. we nave cauea the attention of Police' Captain Drlscoll to these matters, and have furnished him with a list or tne places wnicn, xrom tne per-' sonat investigation of and the testimony given before this body, we believe are the resorts ot immoral women ana otner vicious characters. "We believe that the condition tends toward improvement, and know of no rea son wny capt.

Drlscoll should not mem the confidence of this Grand Jury In that be will curry out the various Instructions given him regarding the Immediate enforcement of all laws, and especially as to the' closing ofv the vicious resorts above mentioned. "It la evident from the testimony of police officers before this body, and from investigations made, that there baa become Imbued In the minds of the rank and file of the police force the idea that the present excise law la to be liberally and leniently treated. We find that not only Is the law openly and flagrantly violated at Coney Island, but throughout this borough. While we believe this law to be vicious, breeding and fostering more crime than may be attributed to all other causes combined, rt is still no less a law and should be enforced. The tolerating of open violation of any law must of necessity hare a demoralising effect upon the police officer, tending to encourage further lapses in duty.

We see nothing to commend itself to reason In that violations of one law are to be tolerated for the reason that violations other laws may occur. It Is our Judgment that the above conditions warrant, specific instructions from the Police Commissioner in no uncertain terms as to the enforcement of this law. "The testimony of two of the officers of the Coney Island Precinct sras of such llgence of thl body, and so utterly false. IU KIk IIWUI 1 11 II LCI" we nave recommend ea mat tne fouce tjom-mlasioner transfer them from this precinct, where. If permanent reform Is to be secured, honest men are so much needed." The Grand Jury also found that in the East New York section many evil resorts existed, and that Fulton Street, in the shopping district, was infested at night by large numbers of immoral women.

The Jury recommended that ita successor, the June Grand. Jury, take up the matter of vie. In the borough. District Attorney Clarke declined, when, eoen, to give the names of the two policemen mentioned in the presentment aa having given false testimony. He said, however, that he presumed that the men had been reported to the Commissioner.

Deputy Police Commissioner Ebnteln said that ne intended to look into this testimony to see It there was anything upon which no could base charges against the policemen. He also declined to divulge the names of the men. Police Commissioner Partridge said: I can't help what the Grand Jury- of Kings County do. Perhaps they did see violations of the law at Coney Island, but I don't know that they did. I was not with them.

When went to Coney Island I saw no violations of the and I went to a great many places; In fact, I went all over the island. Maybe the Grand Jury visited rot see or dlrcover. Maybe they don't know What a. violation at h. law I.

NEW CONEY ISLAND BEACHj Syndicate Headed by Anthony N. Brady Plan to Improve Harway Basin Lands. There Is to be another big Summer resort on coney Island. It will be built on the Harway Basin lands, near and la expected to be in full operation next year. Tne moving spirits in the new enter-' prise include Anthony N.

Brady. ex-Senator w. Reynolds. Senator P. H.

McCarren, ioV.il. xitzgeraid. Mr. Brady said to a Times reporter at the Hoffman House last nlrht terested. with others, in a lot of property uwx oensonnurst, consisting of more than B.000 city lots, and a water front of more nan a snue and a half.

It Is proposed to improve xojs property and make it one of me most attractive suburban resorts in the vicinity of New TorV tt VAA.b V11V Brooklyn Bapid Transit Company had any sweci interest in the movement, -Mr. Brady said that the Dlan of the aa-k wllId depend materially on the action w.u. hbu iu tiie projected ship canal to connect Gravesend and Sheepshesxi Bays. He believes, from the urveys already made, and iiXZi-Z" that the Federal Government Intends to provide an Inside rouu for vessels of all sixes. Paid something like $300,000 Ban lands.

Tut thlspre- bui portion or the expenditure to transform Part of Gravesend Bay and 'the shores of Coney Island Creek intn n.4 Bummer resort rtwtu uy on me island. to be. so it aeptn of not less than 25 feet at low tide, and the esti-EliS hout M.000.000. The United in TVhl Tn acquiring land I2.tb Jfhilty and Is said to contemplate tlM erection of a fort on Plum Island, on! En7 tb Proposed Und. will be-fiiled In Snd'tlfe nlwrt well under way mbrace an.

agreement iiv wnicn tne lat ter will be able to do the Government work at a low price, as the earth removed for the canal will be pumned dlrectiv in iarway Basin and on the adjoining XrT ras of Undeveloped land near the bustnexs section of Coney Island, on which Mr. Brady and his associates are said to have an creeks traverse It. and ie idea i to construct there a miniature UaT0 enlc' wltn iU and ton. A CITY HALL TO BE SOLD. Ex-Mayor Gleason Was 8upposed Have Owned Long Island City's to Old Municipal Building.

The old City Hall la Long Island City Is to be sold at public auction on June 14 on the steps of the Queens County Court It waa supposed that it waa owned nd James Kennedy, KWifkMiWB man. They pur chased it from the heirs of Louis It Roedlger, but overlooked one heir, a minor; whoso guardian sued for his interest, which was finally purchased. Now appears there waa a judgment and foreclosure proceeding- fourteen years ago of which ex-Mayor Gleason and Mr. Kennedy had no knowledge, as an advertisement announces the sale of the property at public auction in pursuance of a Judgment of foreclosure and ssle obtained by Alice teSil S1 Jl Majr against Louis H. C.

Roedlger, also called Roedlger, and others. Arthur D. Weeks is the referee. Hnis a four-story double brick building, covering two full lots, at the corner of Jackson and A noble Avenues. It wss vacated about a year after consoilda- CROWDED ACCOMMODATIONS TOR THE COURT OF APPEALS; Complaints That Have 8tarted Move-- ment for Removal to the Old Stata House.

In response to a request from a New Tork yer. thxt IX aw Toax Timbs has made an of the adequacy of the accommodations that have been provided In tne tpitoi Building at Albany for the Court of Appeals. The complaint was that the court was being crowded gradually out of the corner of the Capitol on account of the Increasing space demanded by other departments. It was suggested that It would be a wise scheme to transfer the State Controller's office from the. "Old State House to the Capitol Building and transfer the court to the older building.

Another complaint was that accommodations for lawyers in the Capitol had Investigation of the situation at Albany disclosed the fact that, while the accommodations for members of the bar have been curtailed, the quarters occupied by the JUdffM Anjf rlnrliu 1 fAlA rt Ih. aaii. have been enlarged. On the other band, the uuri 01 appeals has considerable space for its own use, but it is cramped in many respects. The STeateat nVi.taMn.

K. Ik. records and official volumes which are crowded into canes and shelves In all parts of the Capitol. The recent Increase of work In JilO UV1CIII1UVHI HO UWWMIAICU the biiildlna- of offliwi in i ho ttir- th uiv oiuiB uDvfrnmeni nu nHeuuuira Capitol. The decUraUon ha been that If the old State House vm tn tuniMl Arw tn thn enough in the Capitol for the departments in the old building now and that they would be crowded out.

At any rate a movement is being urged to turn the old building over tha murt A MtitiA. feet, signed by many lawyers. Is to be sent to the Governor for transmission to the Trustees of Public Buildings. The Trustees are the Governor, tha J.niam Oiv.ninr and the Speaker of the Assembly. FalUng ln this effort, a stronger effort is to be sice tn the Capitol for the use oX the bar.

NO REPORT IN SILK CASES. W. Wickham Smith 8ays the Investlg' tlon Is Still in WWW A hat have been known aa the Japanese silk cases, which were considered last August by ex-Collector George R. Bldwell, said yesterday that a report that his In quiry Is practically completed, and which purported to give some of his findings, waa winuuuucu. auucu ui part.

Ka renort hfli hen muMd mnA nnf An in. rT IA pannfl Ktta irk. investigation is not completed. Oral hear ings are suu in progress. Any attempt on the part of anybody to forecast the nature or character of my renort la Dure on or assumption." When -Mr.

Smith's investiratlon la mn. eluded he will embody his conclusions in ArPTiv riu.nl TtT- lclals alone will make any or ail of it pub- UV. THE TAX ON BANK, PROFITS. Judge Lacombe Reserves Decision in Leather Manufacturers' National" Bank Case. Judge Lacombe yesterday morninr list ened to arguments in the suit brought by the Leather Manufacturers' National Bank in April last, to test the constitutlonslltv of the law Imposing a tax oh the Individual profits of the bank.

Government's con tention that the undivided profits constituted a portion and part of the bank's surolus. and taxed accordingly was opposed by the ukuk nuu ma utx. tun, unuer protest, and immediately commenced an action to recover the amount, contending ui. t.auuu was uuraiuuLuiinui. The Government interposes a demurrer iw me wawer i iiea Dy me nana, and It was upon this point that arguments were made yesterday morning.

The bank waa represented hv Inonh Vf nrifft. Government by Assistant United States District Attorney Baker. Briefs were submitted following th. and A. xislon reserved.

SEIZURE IN FIFTH AVENUE. Wardrobe Company's Troubles Hera and in Pittsburg, Following the Arrest of Raynor. The property of National Wardrobe Company, at 402 Fifth Avenue, was seized by the Sheriff yesterday. President W. H.

Raynor is under arrest at Pittsburg. pending an investigation of a charge that in collecting 15,000 in ten-dollar subscriptions he acted illegally. The selxure was made under a warrant from Justice J. M. Fltxsimona of the City Court, Issued at the Instance of P.

Wohlstetter. attorney for Edaard A. DavU, a printer, of Third Avenue and One Hundred and Seventh Street, who claims S57U.14 for damages through breach ot contract." Davis printed the circulars that were sent' vui iuuuhuui. oy me company, in his affidavit be avers that the company Is about to dlspoae of ita chattels. 5 Sttciat Tk Nrm Ytrk Timut.

PITTSBURG. May 29. A levy on the goods of the National Wardrobe Company at its plant, at 1,208 Fifth Avenue, was made to-day by the Union Realty Company for unpaid rent since the opening of the establishment tn April. The President ot the company told the police that he bad received no money in advance, but many checks with his Indorsement have ikcu secured. GIRL BITTEN BY DOG DIES.

Little Conanta Lisitowo, Attacked by Beer-Drinking "Danger," Expirea In Convulsions. Conanta Lisitowo, nine years old, of 44 Monroe Streetdled at her home yesterday afternoon of convulsions. She waa bitten at the, beginning of April by a big black dog that used to hang around the Street Cleanlne Denartrnvnt In that n.i,lwii.ii and which dashed among a number of children at play, biting a number of tbem. Few of the bites were severe, and the sufferers recovered within ihnpt i. VI U-M thought that little Conanta was about well iiu MicrmiY morning sne was seised with the convulsions.

The Coroner was nouuea ana win investigate the case. uviuvma cur that used to hang around any place where ivuuu aim saloon keepers and hangers-on took delight in get-tins; him drunk on beer, fnr whlh Karl great liking. He was known as Danger." as ne oiten snowed a very ugly disposition. After the dog had attacked the children he THE DEUTSCH LAND'S DAMAGES. Hamburg-American Line Says Reports Wsra Exaggerated.

reports of the daman re ceived by the steamer Deutschland on her last eastward trip have brought forth an Official statement from the Hamnura. American Line, announcing that the trouble was confined to the loss of the rudder and the breaklne of tho stern nmi 1AT HC ft TyWiW, Owine to the difficult' at of the few drv docks which will date the great liner for the length of tlm necessary to complete, these repairs it will be impossible to put the ship tn commission during the present season. document contains a hlrh f.lKni. VVUIUIII" dore-Albers. wno died suddenly after ing the crippled steamship safely into Cux- haven.

irun ana Drave to the last h. oiea on nis posu aii nonor to hi mom ory are the concluding words of tki passage. Bicycle Policeman Raced Bolting Horsa Bicycle rouceman Georae Kiu Webster Avenue, the Bronx, fast rode abreast of a runawr.y horse for a dis tance oi ruiiy two mues. The horsa w.u attached to a delivery wagon owned by J. Farren.

a grocer, of LT75 Amsterdam Ave nue. Jtichael O'Brien, the driver, lost con-trol of the animal et Ford ham Square. nd from there to On. UnnHuj r. Street it was a mid time the policeman sprtnted ahead of th uuo warning for axt Y.2& wayv ALn Hundred and Sixty, fifth Street the horse.

ha.i ened speed, and then Kauri captured huuT DELAT E. GAMING CASES oral Value Lost Unless Prpsecu- tions Are Speedy, Jerome Says. Thinks Sentences Also Should Ba 8s vara Qets Soma Indictments Rs-'. ved from the Calendar. District Attorney Jerome, before Judge Newburger in Part II.

of General Sessions. yesterday asked thai a number of Indictments tot gambling taken from the calendar, th io Indicted being lightly fined on one indlc tment each and sentence suspended oi the other Indictments. In explanation of his course the District Attorney sail: There are on the calendar of this part of Genera Sessions a number of cases, running froi twelve months to eighteen months. rising under Section SSI of. the Code of Criminal Procedure.

These are almost all! cases of employes of the raided gambling Llacea. I mav be In error, but I feel very Strongly that the moral value of the prosecutions in this class ot cases only arises whir, the prosecutions are speedy ana increases are not allowed to mw old. and that where a man. who may ba a mere tooaout oi clerk, la prosecuted and convicted, mo i the after the commission of the crime. It Iocs not present circumstances that.

In i jr opinion, require severity of punlshmen in the imposition ot sentences, because nlshment, la itself. It seems to me, is all ays an evil to the Individual when the ourta are justified in inflicting; it. not wit any idea of meting out soma sort of pu dshment for the immorality; of tha act, bu for the protection ot the com-' munlty, ai the community receives no particular benefit from severity ot oun- ment after this lapse of time. I want to say very frankly now that as thehe onacaA A ff SMS. In tha um condition' df the public business is such mat mere Kill be no delay In their trials.

They will presented speedily for trial, and in the cases of conviction I shall ask this court 1 1 Impose sentences adequate In severity to i he commission of the offenses." Thomas VaUh, John Brown. George Thomas, Jo in Smith, and Patrick Williams were arralg led at the conclusion of the remarks ot tt a District Attorney. By an arrangement between the defendants' counsel. SuUivai Goldsmith it Engel, and the District Att rney, the men pleaded guilty to bookmaklng Judge Newburger was ready to sentence them, when Anthony Comstock stepped to the rail and said that there must be son mistake. The men could not be those re rerred to by the District At torney, be i aid, as the prisoners had been caught In rt Ida made by himself on March 'i and were Indicted by the Grand Jury on May 2.

Judg Newburger delayed sentences while Mr. tnstock talked with counsel for the prisoner Mr. Comstock said that he would offer no further objection so long as the fines inl licted were substantial. Judge Newburger Lhen fined the prisoners S1U0 each. James rdell.

Bernard Meyers. John Lyons, Robe Knox. Murray Johnson, John Uartly. Jam en Tobin. and Edward H.

Barlow were arraigned and fined' $25 each. The men hi been under Indictment for eighteen mo iths, and each was under two indictments. Judge Newburger suspended sentence on the second indictments, but warned the prisoners that if they were again arraigned before him he would pro-, nounce sentence on the indictments upon which he ha i suspended sentence. Lawyer 8tilnhardt, appearing for "The" A 1 ln C1 0 rl. Mani HnKav Allan rtt-otna Bennett, Harry Weston.

Arthur Moore, and William Lewis, whose cases were then called, anno need to the court that he re- because if thfey were fined for a felony they would lose tthelr right to vote. He asked that the cases go to trial, and the bearing act men uuui me next term. GAUL0IS' SALUTE SPOILED RAID Detectives, I Arrest on the Street riva Men 8uspected of I ealing In Policy. According Capt Michael E. Foody of the West Th rty-seventh 8treet Station, he was frustrat in making a policy raid last night by thi tiring of a.

salute from the French batt eshlp Oaulola. However, he and hla dete Uvea arrested five men. For severa days Capt. Foody had suspected one oj the prisoners, who says he Is William Con lsky. forty-five years old, of 837 West Fc rty-flrst Street, of running a policy shop on Tenth Avenue.

1 between Thlrty-fourU and Thirty-fifth Streets. Detectives Troj in. Beadle. Mahoney, and De-van ner have been watching him, but were unable to loc ite his place. Last evenlr Capt Foody instructed Detective Troja: to go up on the roofs of the buildings on he north aide of Tenth Avenue and watc i for Comlsky to enter one of ghem.

Meanv hlle the other detectives were following the suspected man. At the corner of Thirtieth Street and Ninth Avenue Comlsky appr aached three men and handed them aomethlng, which Detectives Beadle, Devanney, ai id Mahoney say was policy slluit. When fnmltWw i-r were arrested by Beadle and Mahoney, and Comlsky was followed by Devanney. a. the station use the men gave the names of John Reyrn ilds.

6.8S7 Broadway; Alexander McKelvey 238 Ninth Avenue, and Daniel Smith of 2 8 West Twenty-ninth Street At the corni of Tenth Avenue and Thirty-fourth Str et Detective Devanney saw Comlsky hand aomethlng to William Keenan, who says he lives at 773 Myrtle Avenue. Broc kirn. Keenan waa arrested ri nvflnntf nAmi.k v. i i ar.d Detective Trojan and Capt Foody fol- ent Thlrty-iourth Street began her sa- lnA a a lute, ana tne of the houset. auw, SR.S1V e.sav mwiitv liUfJK.a UD CO I lie rOOTS Tho police sak was aiscoverea.

off. but in aiiv event he AiA laai vomisxy was tipped vtiiiU4iia. casj wn CAjwjlCtl. He waa Insil kisrht nf hut 1o ia rested him jiist as he was entering the American Theatre. When searched in the 1 eWT 7 -f-vs a-rstivuVU in (.119 ThlrtvHvftnth Street Station House, lilj policy Blips in police say.

had a number of Vila ln.l1. TiA.b.1. rrk. men were locUed up as suspicious persons, nothing at a compromising nature havina- been found upbn them. ACCUSED LAWYER HELD.

Louis VYhlton Charged with Conver sion of $3,500. Louis C. Magistrate Whlton. a lawyer, waa held by Crane In the Tombs Court yesterday In $100 ball for examlno-Whiton says he Is forty- tlon on June three' years of hge, and that he lives at 311 West Ninety -seventh Street He waa charged Ty CllarUs Barry of 890 Central Park West wt lb the conversion of This, according to' the complaint, was the notes rlvm tn th. amount of two! by Barry to bel discounted.

that In Jamiaw K. Barry alleg the notes to who failed to turn the money oven to him, though be hn-i len so several times. One ncto requestea to a for I1.0UU was discounted by the I other for tJ MM) tw rr Bank, and the Taber. The Bank haa been nbte held bv the Rirn.ita Riroteated. mil tha begun a civil adtion to recover the money- voelpel complains of police.

Saya Ha Was of the Subjected to tha Process Third Degree." John Voelpel, who was released yesterday from the Tomha, the Grand. Jury, at the request of the District having failed to find ad indictment against him on he hail murdered his the charge mother on Feb 14, went to the home of bis father's i Staten Island. On leavlnor Pple in Port Richmond, the Tombs hm Knv mn iA the Dollce had ied htm with great severity, ll'ltelv after hia im.t K. and that Immedi were several ai Itnlnnli k. i confession, throu u.

turn a a tne process of the ilS Story Was diacralt third at i-ouce Hcadquartera. xnere Capt. Titus's man said that he had been closely examined, but that there had been nothing like trying the third degree on Mm. BANKER'S DAUGHTER MARRIED. An Expert Horsa Trainer 8aye Sha Wadded Him They, Will Go Miss Margaret Perkins, daughter of the late Edward II.

Perkins. President of the Importers and Traders' National Bank, has been absent from her home, 5 East Fortieth Street, since Wednesday of last week. It was stated yesterday at the home that she left on that day ostensibly for a visit with an aunt who Uvea out of the city. It was learned that the young woman did not go to her aunt's. William Durland, the riding academy announced that ha had received a letter from James Pearca.

a young man In his employ as a breaker and trainer of horses, in which Pearoe said that on last Thursday he and Miss Perkins were married, and that they expected to leave at one tor England on a wedding Mrs. Perkins, the young woman's mother, refused to see callers who asked as to the truth of the report yesterday. She bad left word with the maid that any on calling wmion snouia not permiuea to see her. No denial or affirmation of tha truth of the reported marriage of the young woman to Mr. Pearce would be given.

r. Pearce. Mr. Durland said yesterday. Uyed In Brooklyn, and bad been In his employ for about a year.

He is an expert horseman, havinr studied the art In this country and in Psrls, Berlin, and Vienna. Miss Perkins, it is said, has aa annual Income of about fiS.0ua WORK OF A LITTLE CHURCH. What tha Rector of Corpua Chrittl and Hla Staff Hava Done A Con- i formation Servlca. Bishop Worthlngton of Nebraska, who Is acting for Bishop Potter, confirmed sixty persons at Cornua Christ! Church. RlTtv.

ninth Street, Just west of Amsterdam Ave-' nue, yesterday. The rector la the Rev. 1 C. Rich. He and hla small congregation used to occupy the church that Is now EL In 8Ixty-nlnth Street, just off Broadway, and over which there was trouble with tha Biihopknd Standing Com mittee about location.

Bishop Potter op posed tnis effort of St. Stephen's parish to locate Ita church there, althouxh it Is Law Church, and upheld Corpua Chris U. one of tne most advanced in the The latter had only about one hundred mam. hers previous to last night Corpus Christ! la being built up on BneB quite new to New Tork. For example.

Its only paid worker la the sexton. Tet its staff consists of the rector, an assistant, the Rev. Robert N. Turner, lately come from Nebraska, -and six women. The wo.

men Iiv I wuiuiwimf uvuifi inn almost whoUy support themselves by the u.mu,vuiiv jl Hcgwuooa ciotmng du-reau. which la kept in the basement of their house In West Sixty-ninth Street. They assisted Dr. Parks of the Health Bureau all last Winter in the distribution vi mus. io nunareas ot ra mines having 'n them, and all the year round they distribute to families In the extremes of poverty large quantities of bread and other fAAil wkl.k V.

uk i irvw uaaeries ana hotels. stone from the tunnel excavation is being nauicu aauy pasi ne smau quarters occupied by them and dumped Into the river. It funds were only In hand this stone PAIlM h. fca4 w4Km .4. A 1 building the church needs for ita work.

It muu, aiirauj wn venture nas had the tunnel contractors dump some MUSIC ON THE Enough Ragtime Airs to Pleaaa Those That Prefer Them to Classical Music That the recreation piers of tho city were to be training schools for the proper enjoyment of tho Metropolitan Opera House, In other words, that the bands were to play classical instead of rag-time music, was denied vigorously, by Dock Commissioner Hawkee yesterday. He said that he never had thought of supplanting tha syncopated tuaea. The programmes for tha concerts to-night, that were made publio la tho afternoon, are effectual refutations of the report concerning the musto. S. The first tune of tha mualn r.

tarelU's band at tha East Third Street pier Is to be The Patrol of the Brownies, fol- "7 IP wS. King Dodo." and Trcm1 8neee." At thTOnVHundred and Twenty-ninth 8tr-t pier The Star-Spangled Banner will serve aa prelude to a programme that contains catchy airs. ui tZ.1rro7 BtrL TO1 coon song wiu have 1U chance. The Star-Spangled Banner" and The American KsrU wiu At tl Fif- ThentherTwiU RWb Tiger Lily are to be rendered, although the listeners are to be compensated by a selecUpn from a "Cavallerla Rustlcsia, Likewise at East One Hundred and Twelfth ft1 Zi muslo. an occasional, almost accidental, strain of a classical work.

UNION STREET TROLLEY. Important Modification of a Decision In Favor of Propsrty Owners. Tha Appellate Division of the Bupreme tourt, Brooklyn, banded down yesterday afternoon a decision that la practically against the property owners In Union Street, Brooklyn, In their fight to prevent the Brooklyn Rapid Transit operating a trolley line on that thoroughfare. The decision gives tho railroad company the right to entry, subject to condemnation nmnMl TV. i-fll on the appeal of the railroad company from an order of the Special Term, granting a permanent injunction to Frederick Adee.

a property owner, restraining the comnanv The SiMclal Term n.M consented to the construction of the rail-road and that the defendant had not the right under the law to condemn the right lnt the owner of abuttfni I wvsa- tuw ktm va VQaj ainr Trias. street in front of his land. The AppeUate Division afflrma tho de- lm" Tho Judgment should be modified by Inserting therein a provision that if wise, the Judgment shall not be regarded aa effective enienns; tapon such Th company haa nearly completed tho I BANK PRESIDENT ROBBED. Burglars Ransack Henry Haalsr's Brooklyn Flat i Burglars thorouehlr ruueVaii ments of Henry Hasler, the President of the Citizens Savings Bank of Manhattan, who Uvea at 674 Bedford Avenue, wniiama- Dur- 4 n- rut. directly opposite the Han- alarmi upp.iea witn Burglar After Mr.

Hasler had left hla home on Wednesday morning hla wife also went out to make arrangement for the departure of country next month. Before going away Mrs. Hasler set the vwriiw, bui intruoera forced tft. Sk th? lading to the kitchen vestibule and then silenced the alarm. Thev made aft with valued at Slfir jewriry Clymer wiivs Bass s.ivria.

viil Up TO gsr fllaTtlt the police had not obtained any clue to the Fifty-ninth Street Arcade. The tearing down of the tmiMina-. ty-ninth Btreet and Lexington Avenue, at tne rear ot Bioomingdale Brothers' store, haa been begun preparatory to the erection of an arcade. The new structure will be h1ht- will cover aa ft2Atvin ntrancee In the middle of the block on Lexington Avenue, between Fifty-ninth and Sixtieth Streets. ant nn vit iv.kImi.

dV. "V18 interior conriectlon, wfth the Utter will be afforded. STEEL CASTDIGS COIIBffiE fi'ew 530,000000 Corporation I Allied with the Trust Official Explanation for Changing Syn dicate Managers from HarrJa, 'Gataa eV Co. "to Shesrson, Hammlll dV Co. Official announoement of.

the formation ot the American Steel Foundries Company was made The six companies wnicn wui go into tho consolidation are: Americas Steel Castings Company of Jeraajr. Rallaaee Steel Castings Coowamy, Umtted. of Plttaburs. L-ishtoa Howard BsmI Company of St Louis. Vanklla Stesl Casting Company of rraaklla, The Sarreat Company of Chicago.

Amartoaa Slaal Foundry Company, of St Louts. This new corporation will bo closely associated with tho United States Steel Corporation. Tho President of the new company will be taken from among tha officials of the Steel Trust, and most of the underwrit ers ana which Include Charles M. Schwab, E. H.

Gary. Max Pam, and others, are closely Identified with the Steel The new company will also' have close connections with tho shipping combination, aa It tnanutacturea all the great castings used for shipbuilding. amount of capital originally thought necessary to acquire the six subsidiary conpaniee haa been reduced by $3,000,000, and instead of having S1L800.000 each tn common and preferred stock, there will be only 110,000,000 preferred and a similar amount of common stock. Tho preferred stock will bear 6 per oent cumulative dividends. These reductions were secured in the purchase price, of the plants and the expense ot consolidation and organisation.

Harris, Gates A Co. were originally the managers of the underwriting syndicate, but on Wednesday they announced their retirement although the personal subscription a a-iVkfWH. I i been withdrawn. Harris, Gates Co. are succeeded by ghearson.

Hammlll Co-, of which newly formed firm Mr. Shearson waa formerly controller of the Steel Corporation. Various rumors about this retirement werg circulated yesterday, but nothing definite could be learned. The official explanation la as follows: syndicate was formed which had sob-cribed the necessary cash requirements. ckme differences aa to the syndicate and the organisation arose, and upon conference It was deemed best by and for ail concerned that Messrs.

Harris. Gates A who were the managers of the syndicate, retire, and that other syndicate managers proceed wltn the matter. "The steel men who are the principal subscribers to the syndicate furnishing the financial requirement, in meeting with the nwirawi a me piants aeierminea .1 be taken up by Shearson. HammiU A Mr. Shearson of that firm 1Tnf JUMt reUred as Controller of the United States Steel Corporation, and being Peculiarly familiar, with the steel industry and having made full Investigations into hi, yniyviiu wmnor ana Its earnings." The affulal -I iLm.

mm. A w. President had been selected, but pending action nsan hta. M.lm.n. tT.

a.Mvww fw ujv mwwi mmr iv w. wm whkb am is now connectea. he had requested that his name be withheld from publication. If. Is expected that the syndicate win ba concluded within a week and arrangements uv cvupaoy xaao tne properties of the above companies as aa vvuiu VJ ujaj ASK Ot 4Uly.

PENNSYLVANIA TUNNEL FRANCHISE TERMS. Tha Company to Pay tha City SO Cents a Foot for Ton Yssrs and SI for tha Next Fifteen Yssrs. Tha terms demanded by Controller Grout for the franchise to the Pennsylvania Railroad Company to construct a tunnel under Manhattan Island have been accepted by the Pennsylvania. Company. These terms were that tha company should pay fifty cents a root ror a single Una of track per annum for tho first ten vears, and $1 a track foot per annum tSt tho remaining fifteen years of the franchise.

While the announoement of tha tmmi. ance by Mr. Caseatt for tha company of these terms was not made by the Rapid Transit Committee having the matter under consideration, the Information was obtained from an authoritative source. Moreover, it was stated by the gentleman who save the information of the acceptance of Mr. Grout's proposal by the company that Ur.

Cassatt announced his readiness to accede to tha terms proposed bv vo nMn after Alexander E. Orr and Charles Stewart Smith, the two other members of tha committee, had pronounced the proposal of the Controller preposterona. This statement Mr. Orr -last evening iAdlgnantlr denied. The first offer of tho company waa to pay the city only, for the streets which ciosea Dy its between JliA? ref uenftnia vuwiwuiy men made an offer to pay twenty-nventafor each iK eal foot per annum for the totsilenirth rL'HL'uA1 within th? ettrw JurUdicUon -uiy rded this proposals altogether Inadequate compenaatlonto the U0 ubmiued hU counter proposal toi75 "fi-On thU MrVowur: the company, it la pay to the pay to the city SitOtiO per annui for tha llrst ten vaera i.j wr llrst ten Ing fllteen yelrrof U.

fnchlie fof years "rout was in iakewood Grout's nronoaal h. i inat Mr. Catt iTtto m. sugnt ana immaterial chanr-7 Zirz Board SDedaJ tatinn nu. w'la its terminal bTlevTed-arding-t? WlU Alexander 135 iw.

iTr "on- rpeclal commi tee of ih. mlttee ha irZl i.Lna..t.h om- "It wo.Ud Be a dionrVs7 to th. by the commute. nounoement of auh ail the an. The fixing of tern ftbi Uyini- nf 'SL vt "zz w-oay week." JILTED Had a Premonition VVhsn His Brother a Tribal Chlsf, Died.

Tho full-blooded Indian Evans Br.K. who was Jilted by whit. yesterday morning in the Insane olvf ofBiiraaiiunii.i 7- pavilion Bradby came from the Numn TS'hluhouae. Va, about a me ran Kiver Line fell In lnva aHIH IK. ttu IB on st" ust h.d to tr nT h5n.

Jit 1- said that not terwn2 ahowed alrna at i.i.i jt he some tiLOVE-riTTLtr DaTILATtN chief of the tribe at Thltehouse. and it was died at Just the hour Bradby had abooted. cSa'o'virthVby WlU PAINTING BYZIEM STOLEN FROM ITS FRAME. It Started from Paris, but Old Not Reach tho Custom Hotiso Hero. Se me where between a place In Paris and the Cui torn House la 2iew Tork a Ziem painting of a scene la "Venice has disappeared mysteriously, and the Indications are that It haa been stolen, its vain Haa been estimated from J2.000 to S15.0UO.

It Is understood that the purchaser la a New xotk man wno is interested In the steel trade. Tho. palntlngaa shipped In a case through tha American Express Company. When the case waa opened at the Custom House the painting was not la the frame. It la the opinion of officiate here that the theft of the painting was committed In France.

On the train to Havre from Paris tno express company had no man to guard the merchandise. The car was locked, but nat sealed. The conjecture Is that the rob-h-ry was committed on the pier at Havre. The Chief of Police at Havre has been asked to look for the painting. The painting measured lt Inches by 1(4 inches, and the description of It is aa fol- t.i wVr.

Uu traapill. between A of a church and ether buildings, la ta foresnmnd a stooe bride forming aa arch, a Oder which a gondola la irains: la the background beneath this arch to saa another bridge. In the water reneetad tbe ro-eoloeed walla of the handlers brlsfaUy Ulnmlnatad by the last rays of the eet-tlna- sua. Signed by artist la left-aaad eerser. the agent In charge at the bead office of the American Express Com-Vny, at Broadway, aald yesterday after- any picture from the custody of the company.

The report of the lose, with an offer nors tho nam of the manager in Europe. Felix Zlem has been famous for half a cent. 22' commissioned lately by tRe Prenca Ooverament to paint the scene of H. iVtion of the Crar at Toulon, for which work he received He is very far advanced la yeara. A FISHY PROBLEM, THIS.

Brooklyn. Lawyer's Advice to a Client Who Consulted Him. A Brooklyn lawyer who has aa extensive practice in the notice court a at that th ough yesterday received the following letter from a troubled client: vEZZfJjZt JZ otW day foe viaasar. lataadlng to put tt on berriaes for the fanch eouatae hi my eelooa. TheygiSe im groear reroaae te for say lees, aad I should like advice as to what I a.

yor enL.f Jf WvJrh.t.l?n deeply ftvu uua rcpty: Don't eat the berrtass. National Clothiers' Branches. A committee of the National Association of Clothiers returned yesterday from Cincinnati and St. Loula. where thw assocUtlons of tha wholesale clothing man- nrancbee of tha National body.

Ten markets are now included in tb National asaoeiTTlo Tho committee 1 composed of President of the NationaJbody, FghmanKothBNew Tk!" LEGAL NOTES. SxaVaXTS MCTT OSST RSASOXAgLS Kendall, a specialist In mono- aTa waa engaged by written contract to perform for William H. West, a manager of a minstrel show. Kendall agreed to- render aa Usfactory for which he waa to receive $200 a week, After be bad fulfilled about three months of his engagement of thirty weeks, his services were dispensed with by the manager. Tba reason for hia discharge waa that be refused to obey Mr.

West's request that be shorten the time of bis performance and act with a black face. In an action for breach of contract brought by Ken-dall sgsinst West, the Question before WM whether. 01 law, the manarer waa ina UHed in ouecharging the actor 7-10: for the court, after quoting a work maaur and servant to the effect that r-? fusing to obey the reasonable orderTSf tbJ Uf nd for discharge fro service, for tn every contract of kiit- lnPed aiTrnt on Dart of the servant that he will oh tha T.S I tlntTe ohmtsW, htheWo effie Vdoot erred in holding, as a matter Tf lathil hi? and totrv pr black face, under stances shown by the VmUspuTed tJSSZST rhrrVwhani the append hid xSfShtS ffatJharm. V.nJ extract did not limit Tthe managVrlnd Ssktaxt's PatLtrmaVo ArmxcxAra or His cult Court ot Stark County. yard conductor nam! McCurdy.

in t5 Ploy ot tho Pennsylvania RaSroadit which he received through the alleged ieT with a defecUve DowUng coupler tI knuckle of which had beenlorokln o7f Curdy had been th. employ road company for mora than fifteen vaT andjhad a. yard ji The sileg-ed" "dSS ll7 accident by aTcir I nJSaAV preme CwitTS bX he Bu tauon upon bis vTl lhl "mi. that he was experteneid of lb 't which he was enIoSLt-? -rvre in ity nor rea.oo whiTrer a uthor- i MDL0TAN7 VENTILATING Th Queen of Sammor Corse Ifashefdlfscmnotfalnilall compeHHon for the fust Ifurty. nvw years.

'Th. only tjenulas tMTLmcT corser In the newest sfreil front stylo All the leading stores rhem. ArKstie catoloue mailed upon recuesh Sofo Mflrs. GEO. C.

DATCHELLER 54S-yt7 BroJay V.Ta Wide open lo-morrow. Clothes, furnishitg, and shoes. Man and boy. Rogues, Pert Com pajtt. TS4 Broadwar.

ear. Warm. aad aad 0 Wrrva St. Stf Broadway, eor. lSta.

We ail rder 4t Are. by tmmiZ 1280 Broalwar. eor. S24. and Waat XU St.

A. a Gift, possillj aotiisg affordj grettcr iafscnoa llaa tally ae CrjttiL SIIagswaii'3: rtprcscnti the L'glest tjpe ia -rtittjc kA iatnaaic. nlaes tt rctiomBIc prices. A grett tliiplay ia ow arw" ttofc. romSiaiS Vsons a.

A Wu Imi ws HISTfnH wUGCa, CocrdAAnN.T rrCRrrwet Wmf YOUR BUSINESV Cabinet easM- ferttr Gown Lavender Salts aUea as axieato ta smi I aad a v. cq esnw 'J arm TheNewYorkTimes Saturday Review Newsdealers always sell out their supplies' early. To be sure of a copy ORDER TO -DAY. i 1- i U.l 14 tapped U' KJ'tSuSi.