The New York Times from New York, New York • Page 7

THE NEW YORK TDtES WEDNESDAY. NOVEMBER 20. 1907. If ii I HITCHCOCK WITNESS POT UNDER ARREST McKenrie Accused of Dodging a Supremo Court Subpoena. F0UND IN A CITY THEATRE There Newark Hotel Search Hitchcock Won't An- ewer In Chanter Suit.

Important moves were made yes-(tnUy by Ui District Attorney's office j. lilt preparation of tbecaaa acaJnst suynsond Hitchcock, the actor, who waa 6dicUJ oo the charges of eeverai little McKcnzle, for whom detectives attach to tbo District Attorney's staff, aa agents of the Children's Society. Save searching aa a witness of prima jpuirtance to the prosecution of liltch-jptk. vat arrested last night la the lobby a the Grand Opera 1 louse, where Ray-sood Hitchcock la playing a week's en- gagement. "I simply wanted to sea the declared the girl, "and you have go rtcfct to molest me.

have aa much tight to vWt thia theatre aa another." Where la your ticket?" domanded the aVttetives. The girl admitted aha had none, but said ahe had intended to buy one ael hd not tonw to. the theatre to wait for any one. the arrested cn the complaint of Asijirtant Ditrtct Attorney Uarvan, who fcaicbarge of the ease against Hltchcotk. Mr.

Garvan nay that tha girl la a and necessary witness against Hitchcock. Oapt, Carey of the Delectlvu iirt 'J said that the girl haa been evading Supreme Court'subpoena. This Miss McKenziu denied. She aald ah wis not living with her parents at ini Ewl Thirty-fourth Sinet, biit had a furnished room at West Fifty-fifth Street, b'he asserted that she had been scout tho streets every day. and bad sot tried to avoid any one.

The girl gave her age aa 18 years. She snt to the Mercer Street Police Station for the night, and will be arraigned ia the Tunbs Court thia morning, when a representative of the District Attorney' vlfice wfil be present. Yesterday two detectives from the DIs-trict Attorney's staff were sent to New-. irk, ft. wiiu a Kin aoout ia yeara oiu.

The throe walked up Market 8treot, care fully looking at each house and frequently stopped to consult with the girl. At last she stopped in front of the Holland House, a small hotel, and nodded her hraL The oetectlves left her on vnlk and mint inskle. They apked lan RoKKe, the proprietor. If they mlKtit kik at tlia hotel register. They went over it for several months lurk and then one of the men aaked liaise: Do -you know Raymond Hitchcock, tlie actor raid he had never seen the man to his knowleilffp, and did not believe hot wouiu rweoKiuzu nun irom nis pictures.

'Tiie men thanked him, and before Rogge could rukie a protest carried away the rtriter. One or them remarked that they vruld return to-day. Frederick Goldsmith of counsel for Raymond Hitchcock, appeared before Judge Itsalky in General Session yesterday and that a Kpcedv trial be granted is fcis client, who is under Indictment on tlx counts on the teatlmony given before the Grand Jury by young girls. He said that he wixhed to withdraw the motion that is now pending for an examination cf the mlnu'es of the Grand Jury. Aaxiittant District Attorney Oarvan said believed the caMt would be called with-.

lo ten days. In the suit for alleged criminal libel brought by William Astor Chanler against William Itandolph Hearat after the publication of an article In one of the defendant's newspapers the principal witness yesterday waa Raymond Hitchcock, the actor. When he took the stand he absolutely refused to. answer any of the ques-tkma asked by ex-Judge Olcott of counsel fur- Mr. Hearst, cn the srounri that it nurht lenrt tn 1rr.H.

ri i4 i hm rw. v. i.u i y.u or eneciai hssh ona neror. i WeekV Chal nr GwgeK. Herman of hen Hitchcock was called to the stand Su andThiodof.

E. Straus of Baltl-J appeared 111 at ease. He continually mori A mall vote will be taken, and the (rem one Dosition to another whlia I tn k- Hoard of Oovernore. ti examination was going on. uira rimnivur an-ine jmn ot me 7i lrV" lo nal nanier nao Deen present JD C1SS t-l ITnrniiA VnniA Allha 1m A.AMHa.A..a W.K Ji-X vititor, hict with the same result.

The ei'sess repeatedly Insisted that he was yitfclB his constitutional rights in refusing to answer. An adjournment was then requested bv r. Olcott, who said that the attitude ot ta witness bad taken him completely by surprise. na said lliat he hftd looked tpt. warn to retting a full statement from him and that it would not be possible to, put jn the witness stand the few witnesses row.

whom he had expected corroboration S.lt.'onr ne to4 expected to get from Hitchcock. this point Assistant District Attor- "7 uajvan, wno conducted tha case, al ttoush District Attorney Jerome was an BtereatKd .1 ae had been subpoenaed aa witnesses valuable time. At this jaere was subdued laughter on the part of we spectators. Little Tim Sullivan as ooe of Uioee waiting bis call ta tee- SAW A' BOMB THROWN. an Tossed It from Third Avenue Elevated Train Tenement Set Ablaze.

Josmaa King of the Eaat Twenty-Street Station aaw a man throw a trS th window of an elevated rd Avenue at o'clock TllB bundle hit the steps "-J Avenue, between T.vnflJ nd Twenty-sixth Streets, rnus itV ePloslon that threw King kSl.btrement door blown from tta fir. ih demolished, and a aw. if. Parted in the cellar. Half-cUd "wonien.

and children ran from the Wkir the exploalon. flaVem Sem stairway made .1 eZT' "giants had been aaleen. and these Jn their night clothing. put out the Mase. ea ing'.

Chinaman, has a laundry floor of the tenement and that an nemy threw a tor hopln to reck iUA laat VuiyWQ OYer transom of his POINT FOR HOWARD GOULD. to be Questioned About Mrs. "Hid nelatlons with "Buffalo Bill." Herard whose wife was former, Catherine Clemmona. th actress. 4 Point yesterday in tha prooeed- aralnst him for a aeparaUon.

Bu-otoi the ra J- Shearn, attorney for vacation of the order M-r tM. "vi'-m. cngisnd. a material wit- Jn? c- at present In this city. 1,:, wno.

about to return to im- understood, be exam-U David McClure. Wsa S2I' 22 Wllltam Street who has At tr1 "ree in the matter. w-i foi j-ffment of the motion by roun-aiSTJi sides Col. William Fl Cody. 5ir.

rf. Bill." was named by navlnr had "mriririftu 'ith Mrs. Gould before h- i r-i nn this point that Mtes mined. It being alleged that tamined. Waithr', Mv-r the nature oflaer rela- coi Cody: Cdbd-WIM Goes for $2S.

Na2d UwyerT ot t-o. u. 1 Purchased at public auo the 7 nly Court House yesterday The rwTt-f x- 1 8 JB and good-win ot Tn" two 25 cents and another of "Me ef hJt to a mort-ft 'd by Frank A- ilun- PEIRCE DIDNT WANT IT. i Water Supply BoirtTt Defense of Giving Oam Contract to Another. Tha Inquiry into the award of the contract for the main dama of tha Ashokan Reservoir by tha Board of Water Supply waa continued eaterday by the Commissioners of Accounts In the Mayor's reception room.

Tha chief points developed were that the board would In all probability hava awarded the contract to the John Peu-ce Company had Mr. Peirce insisted oa It, and that the McArthur Brothers Company very neatly got another large contract for which they had put In a bid that was above the lowest one received. Commissioner Charlea X. Chadwlck waa the chief witness. After corroborating much of the testimony given on Monday by Mr.

Simmons and Mr. Shaw, he tmid: I found on investigation that the Peirce Company had bad no experience In the kind of work wanted done, and that all the other bidders had had much experience. 1 then thought it would be well to look around for experts, and, realizing that each of the bidders bad put up a bond of tOI.OUO to aecure the contract, and that each waa anxious to gel the award, I came to the conclusion that the best experts were the bidders themselves. When I talked with Mr. Peirce he admitted that he had made a mistake: that his bid was too low.

and that he had bad no experience In that clas of A little later Mr. Chadwlck added: "If Mr. Peirce had stood up for his bid and said that he could do the work, he would have bad the cou tract, but he did not do ao." Mr. Chadwlck also testified aa to the appointment of the corps of consulting engineers, lie had known Mr. IJeemau for years, and had appointed him, or got the board to.

TT.en be and Freeman consulted and decided that Mr. Stearns would be a good man. These three afterward agretd on J. Waldo Smith aa an excellent chief engineer, and Mri Bmitn later concurred In the vlewa of the other engineers and Mr. Chadwlck to the effect that the corpe would be greatly strengthened by the addition of air, burr.

NEW SPEED LAW DECISION. Offender on Park Ground Can Be Tried In Police Courts, Say Walsh. By a decision rendered In the West Side Court yesterday afternoon Magistrate Waieh ruled that the orfense of exceeding the apeed limit, when committed on drlve-waya under the control of the Park Com-mlsalon, cornea under the Jurisdiction of PfoUce Magistrates, and that euch cases need not be aent to Special Sessions, notwithstanding tha recent ruling of the Appellate Division. Morris liannon of the Police Department'a legal bureau announced that an appeal would be taken. The point waa raised In a brief submitted by Lawyer Clarence K.

McOulre In a prevloua examination of the defendant, Hugh Pentie of 313 West 'Forty-seventh Street, a chauffeur, who was arrested ort Nov. 8 for' speeding oa Riverside wi AS! KG. nnv. if.f.m1tHt'i attnrnev defendant's attorney uesireu to bring the case under the JurinUiction of Yale's hands, unless the men should bo ted I Magistrate, because the Pfnay fo' completely demoralized. Whatever he the violation of the park ordinance lighter than for violation of the State motor vehicle law, and imprisonment does not follow repeated offenses.

1887 CORNERSTONE OPENED. Relic of Little Board's Old Home Taken Out of Demolished Building. The cornerstone of the old Consolidated Exchange at the corner of Broadway and Exchance Place, which la being demol-fTo Ished to make way for a new skyscraper. was opened yesterday by the wreckers in I the presence of R. Huben, the Secretary of the Exchange.

I The metal box placed In It when the lo a in 1S87 wt. taken alone with tha caDstone to the office of Presl- i I dent Budd in the Uttle Board's new home at Broad ana ueaver tsireeis. xnoi nnt nnd Its contents ex-. amined at the meetlna of the Board of Governors on Thursday afternoon. Skater May Be Recognized.

While no decisive actfon was taken by the Amateur Athletic Union at Its annual meetlns on tha resolution of th International Skatin Union oa America, requfstlng- that an alliance be formed between that organization and the A. A. it Is the general belief that the a-overnins body of athletics will accede tha skatlnr Union's request. The matter. ntn fllWUMlmi.

was placed In the t--t- i Artlclea of alllanca between the A. ana tne t.ainoiic xuuns tu -rri. i .1 Usan a. II SB A- tu uasw. aw who comeeted with automobilists for T.ft nritM crmM not ba raeuttered President Sullivan was authorised to apolnt a committee of three to codify, condense, and simplify the rules.

ruur our ewuk anirt Mirr again, tnis time rrom end to quar- n. ttetwren fluv Ashley of ter back, so that ta case Newhall cannot con-J, oitv tlnue long in the game a suitablo substitute FaU Rlver. and Jack Nelson of thU city. at(ui available. Brown's Gymnasium last night, was far from a rousing mass meeting was held thia ever-being satisfactory.

From the outset Ashley n. and short speeches of encouragement were swing by Coach Crane and Capt. Parker. To- appeared to be too lenient toward his mti. morrow afternoon a short scrimmage, the last letting up on nis oi "T- up ou his blows wnen 11 appears that a solid blow might win tne name.

ine I mambara did not like the way the en- i counter was going, and urged tha scrappers umath rlH WmM 111) a U11LD In the fifth and sixth rounds, and the eon- kirinu lntereatlng. Although Nelifl and Willie Schumacher met ia ine woer alxer. It was case ox a wirnunc against a rushing fighter, with the result in favor of the boxer. Schumacher landed often enough, but his smashes had no effect upon his rugged opponent. It was easily (Schumacher's bout on points.

Phil Mctlovern and George Kltson fought evenly for four rounds, and Al Schumacher Was faster and elevrrer than Tommy Nelson, and had the. better of nearly, every round. Y. M.C. A.

Thankflivlna Day Relay Aa invitation four-mile relay race will be -v-ii in oVlnc-lc bv rua on "7 the Union Branch of the Young Men Chris- I uan Teams have entered from the uan 1 Towns Men's Institute Harlem. 'ashlngtoa Heights, East Side lJf branches. Several branches have teams, and there every indication of a close race, there being Intense rivalry among thev various branches. i iicre are i are several prices, Including cupa tlniahing first. to, those Boyd Beat Mlllett at Billiard.

r. defeated J.M- Mlllett la the sec-end game of the amateur billiard handicap 1.1,-i.n.ni mw in. ivntcKrniooaar lauiiBra 225 wt0 MlJ" S3a nd out bis string when the latter lacked only 11 points of game. The ex citement In the i-loatng Innings was keen, and the game very even tnrougnoui. a 4 2-4S.

running S3. IS. and le in his bet vs at the tame, aauint end ran 24, 17. and 17. TO-mgni ocneiaig will play J.

A. Keane. 230 to lhS. AmateAir Billiard Player to Meet Xlisha. Barnas aad EL Z.

Parker are sched uled ta meet te-alght as use atormngsioo AA--r' l- tfee rinal game for the Harlem nmi amatedr rhamplonahlp at 14.2. This eon tret was aiatea to taaa pi. but owihg to tha tflneas ot mr. Barnes the match had to oa pwiponm. oolnta to Parker's ITS.

Barnes will play 200 Barnes won the previ ous match after an Interesting struggle by the core of 200 to 111. jana uenoncas wu aa referee. Free Gate at Carnegie Game. Sftriai at York Timts. rnTSBVRaKov.

IS. Andrew Carnegie, with bis Carnegie Tech. School, has taken the initiative ta eliminating commercialism from college porta On Thanksgiving Day the Carnegie Tech. School football team will play the Lehigh University team on the Schenley Park Oval, and admiseloa to the game wiu ba absolutely free. Tha expenaee of the visiting team will be paid out of the sale ot the rrocramme and tha advertisements that ap- ia It.

Hardy Hit 13.0CS Flying Target. LINCOLN. Nov. 1ft. After hitting flying blocks without a Capt.

A. IX. Hardy to-day stopped his rifle shooting deiwea-t rati on. A Judge had to leave aad this stopped the shoot. Hardv was striving for a SO.oiM record.

The world' record waa formerly held by Topper Weia of Saa Antonio, who seenred 8.62. AUTOMOBILES. far Sale One H. P. stl-evllnd row car.

1S model. Im perfect order: rape lep; original cost has been run leas than a thousand miles; will eel I for Apply te A- E. P. O. Box sated A SO to SO H.

P. 1907 Fierce Arrow. Packard, or standard foreign ear. limousine body. Address Cash, Box 129 Tunes Dowatesa, HARYARD DEPENDS ON CAMPBELL ALONE Crane's Dismissal of the Whole Coaching Staff Amazes Football World.

r- OFFICIALS ARE CRITICISED Efficient vVork Done at New Haven on Saturoay Change Suggested in Intermission Rule. Harvard's final preparation for the Ta game on Saturday Is, perhaps the most remarkable feature cf a truly surprising season at Cambridge. That at the laat minute Coach Crane should dismiss bia whole corps of coaching assiatanta. Including such notable men as Daly and Cutts, Is a amazing atep. That he should then select Daye Campbell to fin ish the development of the eleven la an Indication of rather aound judgment, bow-ever.

There haa been In the past decade no single individual Crimson 'player who haa been mora able to infuse dasb Into a team than Campbell Neither Is there a better man to coach clean, hard tackling, close following of the ban, the breaking up of Interference, and the other features of open field playing that Harvard has seemed most to lack in her recent games. Yale's style of play against Princeton in the second half waa essentially a style of open field running. On the long runs Coy and Jonea made from fake kick formations they both used a style that Is charao-terlstle of Jhe open field. The man receiving tlfe ball had before him a number of tacklera who we through the forward line, and It waa up to him to dodge and avoid those tacklers in the same manner as a back catching a punt. That Jonea and Coy were especially well adapted to this sort of running was responsible for their great success.

It was also most discouraging to Princeton to find that these men could get away when apparently their advance waa cut off at every point. If Campbell is able to whip the Harvard eleven Into a concerted team he will do wonders on top of the discouragement that Harvard baa suffered In the laat two games, to say nothing of the game with Brown. He ought, however, to improve ue team vastly in fundamentals, and that of Itself ought to prevent a rout at ua wu.ua, iuu iuhvq as venaioiy ine most surprising that has been made with any big team. It Is usually the desire of every team that all the coaching possible should be secured In the final week. Yale, for Instance, is following Just the-opposite line.

There haa been a great deal of criticism following the Yale-Princeton game anent Yale's delay in starting the second half. thia criticism Yale coachers have re piled, that the delay waa Inten tional, and saying that the team was ready to come on the field several minutes before It actually appeared. Head Coach Knox declared' that Yale waa awaiting the usual notice from the offl- cjais of the expiration of the ten min utes." Evidently there was an expectation that they would be notified. It may be usual at New Haven to give such notice, but certainly there is nothing in the rales which provide for it. Neither is there any penalty imposed for delay in appearing.

It seems that the fault ehould be fixed with the rulea rather than with either the officials or the team. Specific provision should be made. CAMBRIDGE. Nov. 19.

That Harvard la aping to surprise the persons assembled ia the vtadlum next Hatur.lay to see tha Yale gama seems practically certain. Bit by bit tha eiavrn rounding into form, and a far different team will meet the Ells than the one that met defeat lat week at the hands of Dartmouth. With all the coaches on the field, long and very encouraging secret prac-! tire was held this afternoon. The scrimmage waa omitted, the work being confined to break ing through, starting, punting, and specific "rk for the men according to their positions. Much stress wsa placed upon tackll Much stress wsa placed upon tack Unit by ive impvu, wno loon in.

mm active part ir win in tuv UP BlBnu vraciHW was llv-ly, and several, promising new forma' tlons were- run through. All tha Varsity men, with the exception of Burr, were on the gridiron. Newhall will probably be able to play of the year, wilt be held, and the public will be admitted. Two thousand undergraduates plan 10 marca to the field led by NEW HAVEN. Nov.

19. Ed Congdon, -the Tale centre, was unable-to take part In the practice of the "Varsity eleven this afternoon. His injured ankle still troubles him, but he saldl this evening that ha would undoubtedly be able to resume his place at snap back' in the Harvard game Saturday. Paige, left tackle, who also baa a bad ankle, waa able to play in most of the practice this afternoon, 1 Vn.t rnliu.i hln. 1 mrt th .1 1 1 1 Anotner day was entirely given over to signal -i 1 1 -i.

drill. -There was ne scrimmage, and the short. active line-up which Coach Knox has ordered for to-morrow will be the only ecrUu-mage work during the week, It was learned to-day that Tale will line up on the gridiron in the stadium en Saturday In exactly the order in'whtoh tbe team raced Prtnorton. All the players have practically re-i covered the Princeton game, but Trainer covered tne JTinceton ga: John Mack feels that so much nervous energy WM vwd op Hettmiay that the team should rest praoricjmy aa weex- lo-morrow scrmi- mage will be short, snappy, and simply aimed tne power of the eleven in chackiSg Ha-rard formations. The scrubs Vlll bresa tramlng fb-morrow night.

Twenty of thr men wul go to Auburndale. Thursday noon. There Is no betting here en the probable re sult of tha Yale-Harvard game, but numerous wagers have been made on the probable score. None of them give. Harvard a point, while Yale's score is estimated between 12 and SO.

In spits of the apparent ons-sidednesa of the forthcoming game, the rush for ticket has become greater than ever, and Don usee of from 13 to f2S are paid for good seats. Sfreial la-Th Arts York Tinut. ANNAPOLIS. Nov. 10 Secret practice was held at the Naval Academy this afternoon.

snV' the play during the unusually long time while the regulars and scrubs were pitted axainst each other was 'extremely STfrl4. The work of the afternoon. In connection wtthj tna rnmuBivm vi ura iuiu.ai'aien uoay, wnlcn manifaatad Itself aturward. has dona much to FITTING LOW INSTEPS is readily possible with btetson A special Stetson model is designed for exactly this type of foot and assures a snug, absolutely comfortable fit over the instep without tight lacing. The low.

instep Stetson is different irom other Stetsons only in this particular feature, combining all the famous Stetson quality and style. This splendid shoe can be had for mmn lftlTT lmprevs the he Xsvat Acedey sb initr the tm wlih eorfidTt In PousUs an tbe rest tie rulie wer Sack In their n4 errae eneoorasM tha players to set rixht ia ta gaaie. rcardesa ef consequence. After tha oractiee the midshipmen. wo bad twea r--taur of the same, mMrcit4 towsre their quarters cheertrjr oosmtere Vr.

Ua.hl.ll "ear the mera, to which they carried hlmon the thoulders. and lasirted upon S.pech. His talk was follow-4 by Doulas Haward. Captain of th- IO05 teant and Cat. "J1 mouth of Vale, who are with tha Navy eoch-tr.

Alt praised tha team the midhipmea that erarythlna powlbla waa beinr done to wake the team a whiner over tha Army. The iacMent served to lioprova the feelia hera inunen iy. Sfc TU Ntw Ytrh Tims. WEST POrXT. N.

fun was on tha field early toay snd kept hard at work ontn darkneea forcad tha playars to stop. Coachaa Smlthera and Forbes were aaaisted by O. F. Panford. Howard Room.

aM Mr. Croouna. With this array ot CT1 ayea upon tnam tha weak spots et5ifS arul remedied. Tha offenaa still i ZVi point. asS today's wortwaa dlrttDar4 balidlns up This part of the ir.

s- itne.un tor the first tima Ince his noae was broken to the Cornell swrna. Aa end poaiUon to undectdaa yet. and tha im txttmmrn Arrea. joonaoti. wood.

Tha Utter la rapidiy fast sad hard tackier. Coach Ban ford tooa bun In hand to-day. and javesal tinw. eom-nvnted ao his good work. The "rtr back 1 still aooertaln.

with Both Mountford and Gary 1 i i Mi.hifi. aunu. a urorwoai Tiv.l Uietr eyes on In tha team roe we nr ba decided by the showing made by the inen in Saturdays sn with feyracusa, which is sa- pectad to be a bard contest. eloaed gates the Cornell -vara it hard scrim mass to-day. In which the armlty cored two touchdowns and a fleldroaijaaa easily ebowM thalr superiority.

Tha team oaad Pannsyivanta's tormaOon ntr'J; but wing shift, end plays, and faha kicks mads Uttla Impresatoa on the 'Vsty. Tha stranirth of the regulars' Catenas waa proved toward the end of tha same, wh tte eoruM ware slvao the ball en tha 90-yard. Une and sis attempU at forward paaeaa. kicks, and end runs were scrubs rained only 10 yards. Walder.

Watson, O-Rourka. A. Nwman, and May 'ware not In tha Uiw-up. and Bnerlln playd full sack. Oderklrke Vantra.

McOoUum riaht tackle, and Harris and Boyer ends. Tbe man not In tha line-up are tT rio meana otit of condition or baflly Moakely considers their physical condition not quite up to tha standard of the others and thinks that a rest of a tew days more -will do no harm. Kaw Tork rnlverslty eto-en played a practice game with Webb Academy yesterday, after having taken a rest since tha gama with hi-h Onartw Rack Hurt, who has been laid up for several days, was back In the game yaa- kiokt An fle s-oala The last game en the schedule will be played Saturday on Ohio Field with Union. ROSIMIRO'S HANDiCAP. Fafcada.

at Odd On, Unable to Capt. ure First Place at Bennlng. Nov. and favorites divided 'the vlctoriee at th Rmininr course to-dav. 'The feature) of a very poor card waa the handicap for two-year-olds, a slx-furlong affair, which Roslmlro.

at 7 to 1. won with ease. In the maiden two-year-old contest, the second race. Tenakoe waa but war disqualified for fouling. The sixth race, a handican.

was a walkaway for Berke ley. The Bummariea: FIRST RACB. Six and a half furlongs, Co lumbia course, nreorana, iou pouna. mum. innnmnfl.

lau iKiunufl. i.iui 1 even. 2 to and out. won: brnmoia. i-a.

n.i.lrt i 4 to 1. 8 to 5. and 4 to 5. second "i I i Umbrella. US.

J- O'Brien.) 30 to 1. 10 i thint Time Telamon. ton Lackev. Mining light, Domlnator. Kemp-ton.

Vllla'are King. High Jarnper. and Aiken also ran. SECOND RACE in ve and a half furlongs, Columbia course. Omnipotent, 109 poends, (W.

Doyle.) 12 to 1. 4 to 1, and even, won; Orfano. 109. (McDanlel.) to 6, 8 te 5, and out, sec ond: Bobbin 'Around. 112.

rHurley,) 80 to 1, 12 to 1. and to third. Time 1:10 2-5. Fielder, Croyden. Pontac, Buperstltion, Prlncea Navarre.

Student King, Eaeter Balle, Strong-heart, Whirl. Amontillado. Winning Star, Mary Holland, and Proclivity also ran. THIRD RACE. One mile, Colombia course.

Hooray, lu pounds. CMcDanlel.) 8 to 5. 7 to 10. and out, won: Hlggtnbotham, 104. fXotter.) 5 to 1, 2 to 1, and even, second; Wetrdsorae, 109.

CL Smith.) SO to 1. 10 to 1. and Mo 1, third. Tune 1:44. Lord Badge, Yorkist, Ne-eskaleeta.

Ptar of Runnymed. Samuel H. Harris. DArkle. Boclety Bd, Amour, Work-maid, and Hancock also ran.

FOURTH RACE. Handicap; three-quarters ef a mile. Columbia course. Roslmlro, 110 pounds. (W.

Doyle.) 7 to 1. 7 te 0. and 1 to 2, won: Falcadn. 122. (McDanleL'i 2 to 5 and out.

i second: Jubilee. (Uebert.) to 1. 6 to 5, and 1 to 2. third. Time 1:15 4-S, Smoker and Tnehlne Fi-m also ran.

FIFTH RACE. One mile. Columbia course. Destroyer. 108 ponnds, rafcCahey,) 7 to B.

1 2. and out won: Noblesse Oblige. 108. CUolnea.) 18 to even, and 2 to Llanthory Boy. 113.

(Hurley.) SO to 1. 6 to 1, and list' third. Time 1 3-0. Benlala, Ilonean, and Grenadier also ran. I SIXTH RACE.

Ttandlcan; one mile anA aev- pounds. (Notter.) to 5 and out. won; Dolly Spankw. lis. (McDanlel.) 4 to and out.

Sec ond (Campaigner, I Henry.) to 6 to 5. and out. third. Time 1 :47 8-6. Only three starters.

BENNING ENTRIES. FTR3T RACK For two-year-olds; handicap; six farlohca. Colombia course. Monopolist, 122 pounds: Dixie Himmel. 120; Itosimiro.

114; Miss Catesby, 112: Incognito. 100; Sanguine, lo; Goes Fast. 101: Clell Tumey. 91; Profit. OS: Billle Hiib.

121: Smoker. 117: Live Wire, 113: Truro. 112: Alauda. 10S: Glaucus. 102; Ciuntermand, 00: King 90.

and Beg-garmsn, 00. SBCOND RACE. Chevy Chase Steeplechase; selling; about two and a half miles. Tama Christy, 162 pounds: Navajo. 1S2: Essex.

1W; Aiamanaor. isz: uuaraian, ioz: bob Murphy, 152: Dulclan. 142. and 142. THIRD RACE.

The Vestal, for three-year-olJs; mile and a half, old course. Gold Lady, 12a pounds; Estimate. 113; Pins and Needles, 1U; Grace Cameron. 113, and Lady Karma, 113. FOCRTH RACE.

Selling, for rhree-year-olda and upward- seven furlong Columbia course. Fusillade. 110 pounds: Nancy, 110: Oraculum. 113: Poqueasing, 115; Ft. Joseph.

113; OrastaUo. I tna and Ra. 1 111 .1 1. rtr 1 1 FIFTH RACE Fbr maiden two-year-olds; one mile and seventy yards, Columbia course. Octolc.

112 pounds: Jul Jitsu. 112: Norbltt. 112; Trash. 1 00; New Garter, 100; Abracada- brta. 10; Moss.

108. and Sam Fudge. 1Q9. SIXTH RACE. Handicap, for three-year-olds and upward; one mkm and three-sixteenths, old roursn.

Right Royal. 127 pounds: Ironsides. 129; Laity, llo: Uceaa Hpray, IK); Red! Friar. Iu5; Kllllcrankls, 100; Ostrich. 99; Banker, 97, and aterdog, tn.

Apprentice allowance. Schoolboy to Race in Brooklyn. Two sanctioned events representing aart ot tbe Indoor championships for the elementary schools title ef the Public Schools' Athletle League will be decided at the games cf the Twenty-third Regiment, Brooklyn, next Eetur day night. -The following schools will enter the relay contests: P. 6.

12. Bronx; P. B. 40, 8. T7.

Manhattan; P. 8. 100. Brooklyn: P. 8.

SO, Manhattan; P. 8. S9, Manhattan; P. 8. S.

Bronx; p. 8. 82. Bronx; P. 8.

70. Brooklyn: P. 8. 149. Brooklyn; P.

8. 11. Manhatuui- A B. S. Brooklyn; P.

8. 144. Brook- lyn; P. 8. WT Brooklyn, and P.

8. 86. Man hat- I tan. The boys who wtll participate In the high jump are: J. J.

Elliott. P. ft. 12. Bronx; K.

Waugh. P. 8. 32, Bronx; J. H.

Blltxer. P. 8. 7), Brooklyn J. O'Brien.

P. 8. 10. Manhattan; M. Hchulmann.

P. S. 109, Brooklyn, and 0. nuaUDCHUlf O. Ul, 1HUVUJB.

mw man. He la thpertence efMounU upheld the decision of the Appel ZrfofUrZr tT. -rVjllate Division that a mandamus lie direct winter wear Glazed kid with leather lining and double soles. TRY THEM p3T. Stettonm rose $5S0 to $9.00 the pair STETSON SHOP 9C0RT1ANLTSI near Breedwwya Ala aalal at t21 W.u street EUPIRE CITY TRACK WINS ITS APPEAL State Racing Commission priciouY and Arbitrary, Says Court, i Ca- RACING DATES AT Y0NKERS Court of Appeal Upholds Appellate Division and Datea Must Be Assigned Empire Club.

ScUl to Th Jfw Kara TiW. XLSXST. N. Nov. 19.

The Empire City Trotting Club haa established Us right to have tfadng datea assigned to Its I14UI ttm-vw aw uraca at isnaera i. -wui. lng the State Racing Commission to Issue a license to the Kmplre City Trotting Club to conduct running races, race meetings, and sAeaplechaaes for the year 1907. The fight of tha Empire City people oa the one side and the 'Jockey Club and State Racing Commission oa the other has been waged with vigor, and each step has been contested with tha best of legal talent. Application was mad to the State Racing Commission composed of James W.

Wadsworth of Oeneseo. Chairman; Joan Banford of Amsterdam, and Henry W. Knapp of New York, to Issue the proper license to conduct meetings. This waa opposed by the Jockey Club and others, and refused by the State Commission. Application for mandamus was than made to the special term to compel, the state Cornmiesion to Issue the license, but the special term denied the motion.

Carrying the motion on appeal to the Appellate Division the Empire City people were victorious In securing a reversal of the spe cial term decision, and on Oct, 8 an appeal from the Appellate Division's decision was argued before the Court Appeals. To day the affirmance of the decision of the Appellate Division makes the Empire City's victory complete. But the running races at the Empire track have already been held, as tbe 11 cense was granted after the Appellate Division decided the writ of mandamus should issue. The Court of Appeals' de cisloat Is lntereatlng, however, as settling the legal points Involved. The opinion Is by the court and la as follows: Though we do not concur la the doctrine ot the majority of tha learned Appellate Division that the oommtsalon haa no discretionary powers over tha grant ot a license, and that its Judgment related purely to the sufficiency of the acta constituting the corporation, and not to considerations of public or private an atlll of oDlnlon that the order of the Appellate Division should be affirmed.

While tha general rule is that mandamus wtll not lie to compel tha perfortnance of a power the exercise of which lies In the discretion of the officer against whom the writ is sougnc to that rule there Is the well-recognlaed exception that the action of the officer must not ba eaprtoloue or arbitrary, and It such be the character ef the reasons for. refusing to act. the writ will lie. In the Very recent case of People ex rel Loder vs.g Department of Health, we have said, through Halght. referring to the action of tbe board in revoking a license.

If, however, their action Is arbitrary, tyrannical, or unreasonable, or Is based apoo false Information, tha relator may have' a remedy to right the wrong which be has suffered. There are to be found la the affidavits in answer to the application fur the writ dan'ala by tbe appellants that the relator has compiled with tbo requirements of the statute, and that he is entitled to a license. But these denials In gross are merely of conclusions, and too Indefinite to raise an Issue to defeat a peremptory where the facts should have been explicitly alleged. Nor should they have had any Influence on Its action. The object of the statute vesting authority In tha commission wsa to see -that racing In this Btkte was properly and honestly conducted.

not to prevent competition between tne several racing associations, cor to secure any naraniarv benefit to any of them There is no provision tne statute auuioria- lng tha commission to allot particular dates on which races on the various tracks may be run. but merely to grant'or refuse a license to hold races. If the theory on. which the commissioners have acted In this case were to be approved, new Incumbents of the office mlgart arbitrarily favor other race tracks and I deny tna associations owning ma prtwm tracks. In wtrtch large sums of money have been Invented, a license to hold races.

Surely tha Legislature, when It authorised tbe Incorporation of racing associations, never contemplated that the capital Invested In the building of tbe tracks should subject to such arbitrary Though we- may assume that the appellants have acted In entire good faith and In the belief that they possessed the authority they have sought to exercise, we must nevertheless hold that la point of law their reasons for rejecting the applications ot the relstor were capricious and arbitrary. The order appealed from should be affirmed, with costs The closing; sentences of the opinion are looked upon as a strong criticism of a public body. RACE FOR SOLDIERS. Enlisted Men of Cavalry' and Artillery to Compete at Bennlng. Sp trial to Tke Kew York Timrt, WASHINGTON, Nov.

19. What will prove one of the most novel events ever decided on an American race track will be pulled off at Bennlng during the present meeting. A race will be put on for tho enlisted men. of the cavalry and artillery to ride 'their own horses. The details have not yet bee0 arranged, but the purse la to go to thb company which the winner represents." The race will be atj catch weights and should prove an attraction.

It has not yet been decided whether they will be aaked to go over the Jumpa or not. It, la believed a dozen or more entries can be secured for1 this event. v. -x. a a ar No other limited Train to California provides Fred Harrey meals, Pullman to Grand Canyon cf Arizona, And is under one znaniiremeat all the way.

The California Limited is California, via any line, for It runs over shortest line from Chicago. Dally, the vear 'round, Chicago and Kansas City to Los Angeles. Saa Diego and San Francisco. New compartment and drawing-room Pullman; also observation sleeper (with ladies' parlor), and a buffet club car. DuxJeta tracks.

Garland ventilator sod block signrJ 1 i rr booklets of trala and trip I fito. Dillard, flnt A SOCCER TOURNEY ENDED. P. S. 109, Brooklyn, Win Elementary School' Championship.

The soccer tournament for the championship of the elementary schools of tha Public Schools Athletlo League haa bean decided a ad p. 8. 108, Brooklyn, Is the winner by 8 polnia. P. a 24.

Manhattan, Is second with 8 points, and P. 8. 144, Brooklyn, third wUh 8 potnta The season began on Oct. 19. and the final games were played last Saturday.

The record of games played and the relative standing- of the leaune is aa foi-Oct. lfr-p s. 24. Manhattan, beat 166, Manhattan. 1 to P.

S. 100, Brooklyn, beal P. 8. 144. Brooklyn.

2 to P. 8. 19. 'Richmond, withdrew and forfeited game to P. S.

22. Queens. Oct. 26 P. 2 beat P.

a 144. 1 to P. S. 186. Manhattan, and P.

8. 22. Queens, tie. 0 to P. S.

1ft forfeited to luw. Nov. 3 14 and P. S. 186.

tie, 1 to 1: P. a. 10 XcL p- s- i forfeited I m. mrm vr d. a Vary O.

24. 2 to P. S. 22 forfeited to P. S.

144; P. S. 13 forfeited to P. S. NW.

Nov ltf-P. S. 109 beat 8. 144. 2 to 0: P.

S. 23 forfeited to 24, and P. 8. 10 forfeited to P. S.

160. The Borourh win ners were P. 8. lt of Brooklyn; P. 82 of Manhattan, and P.

8. 22 of Queens. The winning school will receive the Clarence Mackay trophy made by Cut son xwrgtum, me notea scujptor, and which represents a miniature ''soccer" player la bronze. Lean Wins In Billiard IXJUI8. Nov.

ia In the twentieth same ef the tournament far the National three-cushion- billiard championship, played hare today. Horace B. Lena of St. Louis defeated Thomas A. Houston, also ef fit.

Louli, to to 43. Lean' high ran was 4, avers se .47. safeties 11 Haua ton's high run was avsrage safeUea IS. Talk about new leaves even amon our men's "regular" knee length overcoats, the most conservative Winter style, over a single new this FalL $18 to $70, we can't turn coat that is not Speaking of silk lined suits Silk Jinings can be used as bait to sell inferior wolens, or as the finishing touch in suits of the finest fabrics the latter is our way. Silk lined sack suits, $35 to 545- Rogers, Peet Company'.

Three Broadway Stores. 25S 842 1260 pposite near opposite' City Hill. Union Square. Greeley Square The Pure Food Law is a good thing for good whiskey, and a bad thing for bad whiskey. otmt Vernon Distillery 3X2 Bottling Stands Unchanged, Because It's Square also train ta exclusively first-class protect ion.

Reserve vtxir accommodations I COOK ft BERNHEtMER CO. ZjJJ 7 i 1 New York I jf. MME(SI early. For bookleU ef trala and trip, sddress VM fvyV Kv t-k fita. DllUrd, Ow.

Ageat, fllMj rurbsdXatina Indian Attire CARELESSNESS in business dress is sometimes par-donable- in Xevening wear Jnever. clothes are faultless. Tuxedo Suits $26 to $52 Dress Suits $35 to $60 Dress CSTA9. usnea OVKJ RAiya corniRT Waistcoats $3.50 to $3 ASTOB PLACE AND P0URTB AVE. BR0KAW BROTHERS We've just turned over a new leaf in the prices of our boys' sailor and Russian suits The general mark-down among these suits for little chaps averages about Present prices are $5 to S9-50- Among the Norfolk and double-breasted suits for larger boys there have been considerable reductions amonfr the higher priced suits, and here and there all through the stock wherever incomplete sizes or 1 small Quantities were found.

the prices have been revised. Present prices are $6.50 to $16.50. Rogers, Peet Company. Three Broadway Stores. 3S3 42 1360 at at at Warren st nth st.

32ni it iaotmtVttnai Txtttpe Kr Southern IT'.