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

12 THE NEW YORK TIMES, FRIDAY, FEBRUARY 9. 1900. TRIAL OF UOLIHEUX AGAIN IBTEBBUPTED Juror Manhelm Brown Unable to Attend Court In the Afternoon. SUMMING UP OF MR. OSBORNE or.

wmu ana nr. uuruao udjcu Ctiif( iHiV Cu Kit Oo to ths Jary To-night. Once more the mm of Roland B. Molineux received a set-birk yesterday through the IndliposlUon of too Juror, Manhelm Brown. hoM recent attack of rheumatism caased leoftiir delay, tie attended court in we and there was no Intimation that ho wa suffering from his rheumatic trouble.

Mr. Oaboroe rnumrd hi summing up. and It wss hopl when th court took a re-ess at 1 o'clock that ha would finlah the rase of tha oeooie in the afternoon, ao that Recorder Goft could deliver hla charge to tbe jury thla morning. Bet at 230 r. the time at which court waa to have reopened, the jury did not put la an appearance, and there were rumors AflMt that a mmi rtf th furv had been taken 11L At 4 o'clock It waa learned that tha delay waa due to Mr.

Brown's condition. At 4:31) M. the courtroom waa cleared, without the Recorders havinc a-Beared, and the Chief Clerk said that the recess would continue until the 'Recorder again went upon ine oencn. ncn would be he could not cay. Inquiry later at the Astor House elicited the.

Information that Mr. Brown's condition waa not serious, and that It had not even been necessary to call in a physician. Late last night Recorder's Clerk Kearney and Cunt. McLaughlin said that the juror had Slinnlv tx-en very much fatlcupd. SO much so that the Reorder, on being apprised of the fact, deemed It bent to delay the case let the juror ehruld suffer a relapse.

They expected that he would be In court at the ree-ular time this morning. While Mr. Osborne said last evening that he could not tell how much longer his summing up would take. It was confidently expected by others lntrfstd In the cane that ne would finish In time to-day for the Recorder to put the case to the jury to-night. THRONG BOUGHT ADMISSION.

The crowd which sought'entrance to the courtroom yesterday morning was the larg-eat which has yet presented Itself and It was with great dlfPculty that It was held In restraint outside the doors by the court officers. Those connected with the case were Jostled their effort to get through the crowd. Apple Mary was among those considered as of the class entitled to admittance, and sh- entered the courtroom triumphantly, with her stock in trade In a basket. Ip Inclemency of the weather. Manhelm Brown appeared with the others or the jury and waa sslsteu to his seat.

WB" lung i heavy rug. When Molineux was brought Into court he found his wife and mother, as well as his father, again present and there were the usual affectionate greetings. Harrv Cornish was accompanied by Howard Adams, the son of trial011" wnoe death Molineux is on At 10:40 Mr. Osborne resumed his summing S5" d'wui-ae yesterday was marked Y.J?ur t'rlmonlou" references to Mr. carvalho.

the writing expert for the de-ir- of bitter attacks upon Mr. Weeks, who with equal emphasis on hJ his power" criem at the Assistant district 'fT'; mc- Mr. Osborne said that the position of the District -judlclal one uKtll he had found evidence warranting proceedings a'n a particular Individual He had on 'th? IXLPl The defeX. hand' haJ "tsrted with the theory of Innocence. Mr.

Weeks he said MUneux when were three hundred suspecu. It was work JJr' thaV one wouid Ttm. cua.tor which he was re-lii wa." tru ot Mr. Weeks of nnd of Mr Kinsley "Wa. it m.l he asked.

Not "all iVwI.r mS on Molineux? I The wa" "nd the murderer. useless, in nonsense, to talk about that. He looks over the evidence sees if him "nd whpn hl cowling tells hd H. IV KUKh, fwlesslv S2 J-tJ abar-don any case In which he considers the evidence Insufficient Not onco but hundreds of tlmoa. have recommended the dismissal of Indictments! MR.

OSBORNE'S MANNER. Mr. Osborne spoke rapidly, his voice rising or falling to give expression to the entlment conveyed, while he walked constantly up and down in front of the table before the Jury, now leaning over and talking as though to drive It In; now standing erect and using gestures. He frequently turned to Mr. Weeks, causing a smile when ha at one time referred to his sphinxlike -n'p M.m" h' upon the prisoner, tint unmoMm to Mr Carvalho, sitting at Mr.

Weeks' a thVna.S?2rd hl" 1 negating glance tWrt.hn Invariably In pointed his nnaer at him. Molineux stared steadilv m. At times his face wore a sneering smile, and again an amused look, inere were no tears yesterday. Qen. 2fh some of the stories 5 bome interwove In his dls-fEo trateja point.

The self-control of the prlson-Va wife and mother was perrect. Both paid close attention to Mr Oenorne. District Attornev frequently shifted from one phase of the case to another, heveral times Mr. Weeks objected to statements In his address, and arguments followed, which generally were decided in favor of Mr. O.iborne bv the-Recorder.

Mr. Osborne said that there was no dla- Mr- Adams had ten hilled hy rvantde of mercurv taken on Dec. 2. Reviewing Cornish's part In that occurrence, he said: Did you notice In this courtroom that when the principal witness, Harry Cornish, the man to whom the poison was sent and whoee lire-long friend was killed by It. was on the stand, there was not one word uttered by hltn In regard to the man who might have a motive? He did not know.

the man wno nad this slow burning hatred against Mm nver talked to hlm about It He talked to others, and it would have been only hearsay evidence." Mr. Week objected to statements made by the prorecutor relative to the testimony of Cornish before the Coroner, on the ground that the evidence before the court dW not aapnort It. The Recorderdld not reply, and Mr. Weeks took an exception to the Court's failure to act. "This defendant did not go to Cornteh went on Mr.

Osborne. He went behind his back, to the man who controlled Com-Uy. bo went to Ballantlne, and to John D. Adams, th secretary of the club." ATTACK ON MR. CARVALHO.

Mr. Osborne then told of the difficulty xpartanosd by Detective McCafferty in getting specimens of Cornish's writing, be-cauao orthe fact that ho used a typewriter. Tha detective had worked for weeks -seeking aped mens. But when these specimens had been offered in court, counsel for tha asiensa naa objected, and for days the prooecution had striven be (tore the Court permitted their Introduction. He also had iu" Vr- yarvaino naa aaia to Cornish that he didn't rooulra any mora apect-maaa of his hanl writing.

That waa when Mr. Carvalho waa still In the employ of the polica. Bat Mr. Carvalho had seen fit to ls TJri9 'o the defense, which had derived tha beoefit of his wide knowl- lis cross eaanunauon ot the wlt-ussaaa for the people. But why.

Mr. Os-borna aked. had Mr. Carvalho not gone onto tha stand, and ha answered hia own question: "Ha waa not willing to taka that oath and perjure hla aouL" Mr. Weeka objected, and waa sustained aa to tha last part of Mr.

Osborne's remark IX avar I haya a client." continued Mr. Oaborna. that accused of any crime connected with handwriting I alho. for rarely no man has ever conducted a casa mora ahrewdlv an thaa Carvalho has this one. He has dono duty nobly fco has boon honest ZZ loyal to hla retainers." Thea taming to Mr.

Weeka and ane.kin. with great vehemence, Mr. Ocborna ax" claimed: teu you. air. Weeks, It doe not do for a man to lea to tha advocacy of truth for tha advocacy at falaa thaortaa, Tha Anglo- Saxon mind waa not mads for that.

Tour I mind was meant to search for tha troth, sat I to advocate false Mr. Weeks replied by asking "Why did lxi not can niror "Why not It" queried Mr. Osborns. to be, a FAIIA7RC TO CAU. THE EXPERT.

I say," said Mr. Osborne, "referring now to Mr. Weeka, that ha violated his oath taken when he waa admitted to practice at he bar. If ha failed to call Mr. Carvalho If Mr.

Carvalho'e evldenca would assist tha MS. Weeka waa oa hla -Teat at once objecting. Ha objected, ha said, on tbt ground that he waa not required to call witnesses If he thought the prosecution bad failed to make Its case. The Recorder refused to rule as to the District Attorney's remarks. Mr.

Osborne, resuming, said that Mr. Carvalho had not been put on the stand by the defense because hla testimony would have favored the prosecution, as shown by the testimony before the Grand Jury. Taking up the remarks of Mr. Weeks in summing up, in which he scouted the sincerity and questioned the motives of the police when Detective McCafferty had said to Herkmann, regarding an identification, that he should remember that he had a wife and family, and otherwise admonished him not to make the Identification unless certain. Mr.

Osborne aald: "It Is well known what the father was what services Gen. Molineux rendered to his country. We may well believe that Heckmann, when he knew Cornish was not guilty, should have said he could not stand It longer. He knew, and McCafferty, In the spirit which actuated the police throughout the case, said Remember you have a family." Why was it Kinslev nldetracked Molineux?" continued the fipeaker. Because of friend Cavaiho.

He has conducted thla case shrewdly. He went to Mr. Kinsley and gained his confidence. He got Mr. Kinsley to let him see the exhibits, end the result was this defendant was sidetracked.

When we heard from Col. Hay, Kinsley went to work again on Mollneux'e writing and he was sidetracked no more." Mr. Osborne, xpeaklng of the social standing of the Mollneuxs, and how difficult It had been to believe the evidence which pointed to the son, quoted the remark of Secret Service officer that he had located a secret service officer that he had located a certain person In Canada who had been wanted, said: Well, what will we do with him If you get him here? Did you ever see a man holding the hind log of an elephant? That's my position." Mr. Osborne said that this was the situation In which the District Attorney's office and the police, also, had found themselves, when the evidence began accumulating against Molineux. DEFENSE OF CORNISH, Mr, Osborne suddenly switched back to Cornish and the day Mrs.

Adams died In the flat at West Eighty-sixth Street. He called attention to the fact that when Mrs, Adama took the poison Corniah went out and got a strange doctor. Do you think that such action Is suspicious?" he asked. Do you think if he had any design In the matter he would- have called in etrangers? Dr Potter, whom he called also, waa a Mr, -Osborne here turned to Cornish, Bitting behind the reporters. There he sits to-day," said he, "and on his right hand the only son of that woman who waa murdered." He told how Cornleh had notified Assistant District Attorney Mclntyre and otherwise shown his Innocence, turning over to the doctor the bottle containing the poison and other paraphernalia of the crime.

And yet," he went on. Mr. Weeka asks why Cornish waa not arrested. Was It not enough that he had been sent cyanide of mercury? Was it not enough that he had taken some of It and that he had been made the lnatrument In the commission of one of the greatest crimes in history? I venture to say that Sir. Weeks knows him to be Innocent.

He knew it yesterday when he cast insinuations against him. He has thl8v jurr- 1 presume he thought It his duty when he made these assertions yesterday." 'r-. Weeks objected, but was not sustained. Mr. Osborne explained, however that he of course, did not know whether Mr Weeks had deceived the JuryT He the spoke of reputation as a thing for which thoUMandn nf ji." Vi wiin.ii nuum nere waa ite.

lJl.otnonoJ with an ln- urana Jury over him. and after the case made against him bv the DroHetMitlni h.j 'V. oy qultt.1. Were" he" tanont KVwo'u'fd i ujwn proving it. even tnough the court should signify its Intention of taking the case out of the hands of the jury on the ground that there was no case.

oWected to the remarks of the fit? use io call be New Jersey witnesses. No one luniraaict anything He asked why Robert Zeller of the Newark fa tory and Mrs. Bellinger and Morris Her-mann had not been called. I called He mann and qualified him to testify-as to the "but Mr. Weeks did not dare to 'ask him about I.dld not 8k bim.

I did not "eiWa8ufr.om enemy's camp And asked hated He wis not MOLINtUX AND HIS FAMILY. Some persons think Mr. Weeks put in no defense. They're wrong. He did and It is a strong one.

Look at that old gray-haired father and at that sweet-faced mother. Will you give this defendant, who has a family, a gray-haired father, and a sweet-faced mother, and a beautiful young wife-are you willing to give him the law of the land the same law you would give a common son of the soil? Mr. Osborne called attention to the fact that Mr. Weeks had said there Was no evidence that the poison package had been sent through the malls. He read the testimony that was given by Flnneran and others, who.

he said, corroborated the testimony of Cornish. There was also a Post Office employe, he said, who testified as to the stamps and the cancelling marks on had ASS Sf-oronnln eve'e was back In court save the Recorder the jury and the prisoner, it wis nearlv 5 cluck when It began to be rumored that Juror Manhelm Brown had been taken 111 again. The story was scoutedat flrrt but the time passed and the Jury aed to appear It became evident that there wis some ground for the report. It was at flrt expluined that Mr. Brown had eaten 2 freely, and wa but temporal? indisposed and was taking a rest.

No phyilctoThad been called, it was said. MrS Brown had been waiting In the courtroom buTshe did cIock Then she pro3eded immediately to the Astor House She was not permitted however, to see her husband, but it was exl trlZi th" hl" condltintwWas9not wmalnad in court until FUNDS FOB THE DEWEY ARCH. Mr. Wtadsnaller Smym the Project Will Xot Fall. Louis Wlndmuller.

a member of the Executive Committee of the Citixens' Committee to Perpetuate the Dewey Arch. Is not of opinion thit the scheme Is likely to turn out a failure. With reference to the report of a conversation with CoU Will-lam C. Church, the Chairman ot the Citixens- Committee, In Thi new York Times of yesterday, Mr. Wlndmuller said that it was true that nothing had been heard yet from a number of the trade committees, but that this did not mean that it had been mposslble to obtain subecrtpUona.

Thed lay was simply owing to IhVfaet tha? the organisation of some of the wmmitte, had not yet been perfected. 1 naa The list of subscribers wllL Mr win nr-t sjdisS not the slightest doubt about success! It took years to raise the money forh tomb of Gen. Grant, and the Dewev ArrX Fund will be subscribed In a much Ume, There haa been no of ffira since the scheme first took shape." Deatax. August Arbenx. twenty-two yeara old.

eldest son of Frederick Arbenx. proprietor of Comby-g silk mills gt West Hoboken. waa found dead In tha yard at tha rear ot hia home, ZX Palisade Avenue, oa nteht. Hobad been shot through tha left lung By hi. side, lay a rifle which he had owned for several years.

It uuzZ posed that hia death was accidental, but his family are at a loss to account for it. Tounr Arbenx was soon to have been made a nan nar la hla father's business. Where a that eoafounded salt tailor promised at o'clock. Yot be short and thin, short md stout, normal height and Bi out, or extra long, yet be ablet put on a 'suit, wear it out of our store, and have it look though tailored to your special order. Think of time, temper and trouble saved.

Suits, Jvercoats, shoes, hats and furnishings for mao and boy. Rogers, Peet Co. K0 Broadway, cor. Leonard. kw uroadway.

cor. Prince. i mrty-aeoond and Broadway. NEW ORK LAWYERS SCORED. Chancel lor MacCracken, at Law School Dinier, Says They Take Too Little Part in Politics.

The al imni of the New York University Law Sch Kit held their sixteenth annual banquet last night at the Hotel Savoy. Among the gue ts and members of the Faculty occupytn seats at the table on the dais were Emeat Hall, who presided; Chancellor MacCrac ken. Justice James A. Gorman, Justice IVillard M. Bartlett, and District Attorney Asa Bird Gardiner.

Chanc llor MacCracken, who waa the first speaker, called the New York lawyers to task for not taking more part In the work of leglsl; itlon. Said he: You are in a backslidden condition political he said, "but you are not conscious ol it. On examining the Congressional Directory I find that of the New York law-mali ers in Washington only one-half are law: ers. There are, besides real estate brokers, insurance men and one la in the express business. Laughter.

No ne from the Empire State haa framed i Dlngley bill or a McKlnley bill. We havi no legislator like Tayler to oppose Mormon sm. Tha calls for new men. The Interests our country In the great rivalry between corporations and the Government In the co mlng time will need more than ever the services of champions, and where but from th ranks of the legal profession will spring tie advocates of the people's rights? Nor do believe that the remedy -of thla great a' estion is social ostracism. I believe It be in the sword of the magistrates or the Government as a terror to evil corf orations and a praise to those who do Justice Wauhope Lynn attacked the standard a obtaining In the legal profession to-day.

Forensic ability, he asserted, had given wi to scheming. He charged a large share of those in high places with having attained their success by means not intellectual' Our lawyers lost boldness." he said, i jid havebecome truculent. Our bench Has retrograded, not from a lack of morality, but because of the subserviency of those who plead before them. "Our Bar Association is a misnomer. There at clean men and Intellectual men in it, and they know of the abuses I have hinted 1 1, but they sit supinely In their seats an 1 let them go on." The other speakers were Edward P.

WTiit-aker. Jui itice O'Gorman, Prof. Russell, Senator Els )erg, and Dean Ashley. LEGAL NOTES. Costs APPBAL FROM TBS MUNICIPAL U.

Judgment secured by David L. against William Friedman In the Municipal Court having been affirmed on appeal. Special County ihe respondent sought by motion at erm or the Supreme Court In Kings io have his costs taxed under Sec- tion 3,2: of the Code of Civil Procedure. which prescribes costs on appeals to the Supremd Court from an inferior court." and which vi lould give the respondent $20 before argument, $40 for argument, and $10 term fee for each term the cause was necessarily on the Justice calendar of the Appellate Court. paynor, before whom the motion was heard, holds that Section 3.251 does not apply, York Section 1.367 of the Greater "New cMarter provides that anneals from judgm eitts of the Municipal Court must be taken 1 3.044 to i a manner prescnDea in sections 3.067.

and the rnt nn fflmomu are placed at $25 and disbursements. Those sections, Justice Gaynor said. provide for late appeals, and the costa nf an. and regtl peals frm Justices of the Peace to Count Courts The County of New York hivinr no Couity Court, appeals from the Mu- niclpal pourt corresponding to Justices' courts preme cvjuirtru io do laien to me ou- un; ana mis applies to tne whole the sake of uniformity, although Ooilntv Cftiipt In now ne city for there are in he Counties of Kings. Queens, and Justice Gaynor also holds that RIchmo the for respondent cannot tax disbursements prlrikin a brief, as there Is no law ot rule recailrlng the briefs on appeals from the Mu tacipal Court to be printed.

Question or Contributort Negligence. Whethtr it Is negligence, contributorily. for a same plhlntiff to ride with another on the wooden horse In a mock steeplechase race was one of the questions recently be-Appellate Division of this city. Radema2hers complaint In his fore th Herman action akalnst George Tllyou to recover damages for personal injuries was dls- missed 4t Trial Term of the Supreme Court because of plaintiffs alleged contributory negllgenbe. Radcmasher was Injured while riding oh a wooden horse In a steeplechase le at Coney Island.

Besides him race cc on the front. horse was a woman, who rode In There was hut one set of stirrups on the hori, which the girl used, and It was not possible for plaintiff to use them. He was struck In the course of the ride on the foot by a post, standing about a foot from the groind or level, and sustained the in. Juries complained or. His counsel contend ed that carrier nerenaant was liable, as a common passengers, to the highest degree and it was a Question for the inrv of care.

as to seiner xne aeienoant waa negligent In having a post wncre tne piaintUTs legs. In a natural Dositlon. straight nangingt flown. would hit it. It was a Question for the Jur4 as to whether It was negilger.ee defendant on a horse without stir- to put rups or tot her place to put his feet.

It was not eon trtbutory negligence for the plaintiff to mount i a norse. Knowing mere were no for him on it- and havinr rbMn stirrups tnree aies before without them, there waa the free greater fori er assurance that the course was his feet to hang. Tha owner of tha steeplechase ise race course submitted that plaintiff was dearly guilty of contributory He and his companions were neglige njc racing with hla comrade and companion. had been over this verv track, and Plaintiff) panted before the same post at least three, times witnout neing injured there was no change tor existing conditions the fourth ume; able: the jiorse waa unmoved and lmmov-cositlon of the rail wan not tie changed! nor that of the post. The proof to a demonstration that, had th amounts sualntlffl sat upright-and properly upon hia horse.

le wvuia not ana could not have Bd. and It wma btwvaiia tlma been harmed. himself laterally oft the horse (probably In his efforts riS tO DA Jlls frfawla arhn racina With him) that ho struck tha In. side of ainst the post outside tha trark. waa reaerrea.

DRESS GOODS SALE. Oa Friday a aid atardar'. Fine Quality Imported Fabrics. Silk and Wool Moire Poplin. -va "eawm.

esde. ree. grrr, -SO cents Fei Bibbed Covert Cloth, suitable 05 cents per yard; Fwraawa wriea X2S. Remainder of extensive stock of fine dress fabrics. Velllwgr-Jfeveltr Silk sad WnI Ilia sted ctira.

FmT Ureaaataea. faltaale far 05 cents per yard; FsaaJir 1.T5 te Garment Leaglki sal Retaaaats la all U'ui fll, Ca.kr. JAMES McCREERY BROADWAY 11TH ST. MINISTER STRAOS RETDRNS Negotiations with Sublime Porte Yield Good Results. "Open Door" for Americans in Turkey Coruuls Xtecoguiced and Claims to be Paid, Among the passengers on the Hamburr-American liner Fuerst Bismarck, which arrived yesterday from Genoa and Naples, waa Oscar Straus, United States Minister to Turkey, who haa left hia post to visit this country on leave of absence for the first Ume since his appointment, in September, 1888.

Mr. Straus waa accompanied by Mrs. Straus and their children. Miss Aline and Master Roger Straus. Nathan Straus and a large number at friends were on the pier at Hoboken to greet the returning diplomatist and his family.

The Minister left Constantinople late in December, proceeding slowly through Austria and Italy. During his stay nere, which will necessarily be comparatively limited, the Minister will make an exhaustive report and confer at length with the State Department as to several Very Intricate and important questions regarding the relations of the United States with Turkey. When Mr. Straus reached hla post a year and a half ago the United States and the Sublime Porte had differences of opinion on a number of weighty questions. The settlement of these questions was In doubt.

Mr. Straus has not only solved these problems satisfactorily, but his services have exceeded in minute detail. It is declared by officials, anything done in the diplomatic field of this Government for years. The most Important and delicate matter placed in the hands of Minister Straus waa the adjustment of the Indemnity claims against Turkey incurred in 1895, when a large amount of American missionary property was destroyed by Turkish religious fanatics during the terrible disorders in Armenia. The Sultan assured me the day before I left Constantinople," said Mr.

Straus In discussing this question yesterday, that the indemnity claims filed by this Government would be paid In full, and we have also won the right to reconstruct the Euphrates College buildings at Harpoot, which were rased In 1896 during- the Armenian troubles. I had a. moat bitter contest on this point. We have also secured the right to establish United States Consulates throughout Turkey and the acceptance of our Consul at Erxeroum, in Eastern Turkey. Tills latter point especially waa one upon which the Turkish Department of State refused to agree with us for a long time.

We have at. last secured what is called the open door in Turkey, which means that our clti-s'ens now have the right to travel unmolested through any part of the empire. This was Interdicted from 1895 until eight months ago. The entrance of American flour into Turkey was secured only after great difficulty. The Turkish Government, Instigated by the local millers.

Issued a mandate for the exclusion of all foreign flour. This law was working great Injury to a young but growing American trade with the Ottoman Empire." Asked if the Armenian revolutionary movement, which, it has been said, was primarily responsible for the massacres In 1895, was dead Mr Straus replied: No; it Is still fermenting under the surface, assisted, no doubt, by Turkey's neighbors. There Is no reason to believe, however, that there any danger of an uprising of any kind the near future." Touching upon the feeling in Turkey regarding the Anglo-Boer war, the Minister was reticent. I am not In a position to speak of the official attitude of the Turkish Government." he said. The sympathies of the Turkish people, however, are wholly with England.

I cannot undertake to speculate upon the reasons for this, but it is undoubtedly the case." Mr. Straus's leave extends here for two months. The legation In Constantinople, he said, in conclusion, Is a most busy place, being constantly flooded with a mass of detail, which calls for constant effort on the part of the Minister. Whatever success has attended my mission. I wish it to be understood, is due to the intelligent and able Guidance of our Secretary of State.

The ifflcultles of diplomacy are much lessened under so experienced a statesman as Secretary Hay." DINNER TO GOV. ROOSEVELT. It Will Be Gives Satarday. Muck IO. at the Waldorf-Astoria.

It was decided yesterday that the dinner which the allied commercial bodies of this city are to give In honor of Gov. Roosevelt In recognition of his attitude In favor of the State trunk canal will take place Saturday, March 10, at the Waldorf-Astoria, instead of on March 3. as first proposed. The sub-committees appointed by Chairman Gustav H. Schwab were announced yesterday.

The Committee on Invitations is composed of Henry A. McGee. J. Montgomery Hare, A. B.

Hepburn. E. I Boas, and William Brookfield. These gentlemen will go to Albany next Tuesday to present the formal invitation to the Governor. The other sub-committees are as follows: Committee on Speaker H.

B. Hebert. Franklin Qulnby, F. B. Thurber, and Samuel D.

Coykendall: Press Committee A. M. Mc-Knlght and William R. Cor wine; Dinner Committee Gustav H. Schwab.

E. T. Barrows, Oswald Sanderson, William R. Cor-wine, Vincent Loeaer. and S.

Christy Mead. The dinner will be a big affair. Probably at least 500 men will sit down to It- The list ot speakers will be a distinguished one. Caaeert to Rats Karaes' Hease Faad. The Guild of St.

Barnabas, an organisation of trained nurses, in which are represented tha principal hospitals of this city namely, the New York, St. Luke's. Presbyterian. Roosevelt, Mf Slnat. and Bellevue and others throughout the United States and Canada, are endeavoring to raise, a fund which will enable them to secure a houee where tha members of tha guild can find a reasonable and comfortable home when off duty.

For this purpose a concert will be given at the Waldorf-Astoria on the afternoon of Feb. 27. with a string- orchestra, Frank Damrosch. conductor; soloist. Mrs.

Morris Black. Francis Rogers, Earl Qutick. and David Mannea. Tickets are on sale at Schirmer'a and at the Waldorf -A, torla. TnT.TtTiT) BT OAS TS BOOK.

Mrs. Headrlx, Wk Atteaded Fifth At. eaae Chare h. Feaad Deaa. Mrs.

R. F. Htndrixf forty-five yeara of age. waa found dead In a hall bedroom on tha top floor of MO West Twenty-third Street, yesterday afternoon, havlna; been asphyxiated hy gas. It la believed, accidentally.

Little waa known of Mrs. Hendrix hy Dr. D. O. Russell and wife, who live la the 46 inches wide.

area. lieHtrse ssd castar. per yard; for Tailor Gowns. house. They say she waa eminently respectable, and had been stopping- In the house for the past two years.

They understood that she was Uvln apart from her husband-Mrs. Hendrix, they aald. was very punctual In her habits. They had not seen her since laat Monday. Becoming anxious about her they knocked at the door and received no response.

They looked through tha keyhole, and saw her lylnr on the floor. Policeman Lynch of the West Twentieth Street Station, who was called, found the room filled with gas. Mrs. Hendrix's body was lying or. the floor with a pillow under the head ana newspaper beside It.

It Is supposed by the police that the woman was reading and fell asleep, the gas flame then being blown out, allowing tha gas to escape, and accidentally asphyxiating the woman. Dr- RusseJl said that tha woman attended the Fifth Avenue Presbyterian Church, and New Cleans. "iter Ida Hendrtx. living in ELSBERG CITY COLLEGE BILL Faculty Satisfied with Present Trustees Others Say a Change Is Needed. Public school officials yesterday discussed the bill Introduced at Albany by Senator Elsberg- on Wednesday authorising the Mayor to appoint before June 1 next a new Board of Trustees of tha College of the City o( New York, to be composed of nine persons, the term of one member to expire each year, and no Trustee to be removed except for cause.

The object of the bill. It Is said. Is to allow alumni of the college to be fully represented on the Board of Trustees, and In this way to place the college on the same footing as other similar educational Institutions. At present the Board of Trustees consists of members of the Central Board of Education and President Webb of the college. There are very few college alumni among the present Trustees.

For some Ume the alumni have been talking 'about the desirability of a change in the composition of the board, and Senator Elsberg's bill, it Is said. Is the result of this agitation. The Faculty of the college does not appear at all anxious for any change In the way the board la composed. Some of them appear to fear that If the Elsberg bill becomes a law the alumni may try to run things to suit themselves, and they argue that, a the college gives free education fr recev.ea -ny financial aid from the alumni, the attempt toonduct its of other colleges are conducted should not be countenanced. The people of this city, they say, own and run J5V college and are satisfied with things as On tn other hand, those who favor the Elsberg bill say that the present system Is not up to date, and that Trusteee who are, not alumni of the college cannot be expected to take the earns Interest in Its welfare aa alumni do.

wb. when asked yesterday what he thought of the Elsberg- bill, eaid: t. een a cPy of It, and so It is impossible for me to discuss It. I should not presume to speak about It until I have the W.n Phases. Such a radical change In policy demands atudy be-lore a person can Intelligently pass an opinion upon Its merits or demerits." Chrls G- Herbermonn of tha City helng one of the best informed men In regard to Its history, requirements, also declined to dJISUf8 thK'berK bill until he had 1 examined It carefully City Superintendent Mai-well also said that he could not dlscussthe subject until he had seen the MIL Teachers' Bill Reported Favorably.

ALBANY. Feb. 8. Assemblyman Wlssel's bill, permitting all school teachers In the boroughs of New York City holding certifH cates of qualification prior to the Consolidation act to teach in the public schools of Ik befn favorably by the Cities Committee of the Assembly. EX-GOV.

AXLES TESTIFIES. Statemeat Ressrdlsg Mrs. Pallar's Death Caasea a teasatloa. Ex-Gov. Waller of Connecticut went on the witness stand yesterday afternoon In the case of J.

W. Pullax against the Governor and Alfred R. Page. In which Pullar seeks to have declared void the transfer by him to the defendants of certain property. Gov.

Waller testified that he had represented certain heirs of Mrs. Johanna Goodwin Pullar and that Mrs. Pullar left her estate to her husband, believing that she was his lawful wife. The witness caused a sensation In the courtroom by saying that he had his own suspicions about the circumstances surrounding: Mrs. Pullar's death.

He was not allowed to state what these suspicions were. He declared that the father of Mrs. Pullar opposed the will which gave Pullar over S5O.0U0 of the estate. Continuing his testimony Gov. Waller said that he as attorney had made Pullar an offar of 11.000.

then $2,000. as his share of the estate. Pullar refused this and demanded one-half, but finally agreed to take one-fourth of the estate. This arrangement, it was said, was made at a meeting at the Hotel Imperial. The witness further declared that Pullar waa not Influenced by any person and was not suffering from the effects of liquor at the time he signed the contract.

Gov. Waller wUl be on the stand again today. PIOHT FOB, MCCARTNEY'S PLACE. Joseph Lleberta aad J. J.

Ryaa Caadl-aatea Troablt Predicted. Two new aspirants for the place of Commissioner of Street Cleaning, made vacant by the death of James McCartney, appeared yesterday. One is Joseph Lleberta, the Deputy Commissioner In the Borough of the Bronx, in whose behalf a delegation waited on John F. Carroll yesterday. The other Is J.

-T. Ryan, who was Deputy Commissioner of Street Cleaning in the former SlVratrT VteKlfr thread' and la opposed by that led-by President Haffen of the Borough of the Bronx hi, appointment. It waa aald yesterday, would to increase the bitterness of the impendlna; struggle between these factions for the dlrtridt leadership. In fact rienartod yesterday that JJeberts Io appointed the organisation will oWuPted. and It possible that the Tammany leaders rih.V7...

have thla occur, will indorse Twin another district. In that case. Tt 1 fr5 Deputy City Clerk N. HayU'wl'll Jetne To Heaer MeCarl.ey'. Mesaery.

Acting Street Cleaning: Commissioner Capt- F. N. Gibson last night Issued aa order to tha employes of the department in which he expressed the loss that ther fei at the death ot the UtT ConJaSatToner1 James McCartney. He orders allfuTaVi the department at half mast for thirty days atd all unlf onned officers of the department to wear a band of crepe, on their left coat sleeve for taa sama period. S5Sff Priof to the removal of Shoe Dep't to their New Building will continue to-day their sale of LadlesV Boots, Oxford Ties and Slippers 5 1.68 s2.75 Formerly 12.75 to 5.5Q Stationery Dep't 1,000 Boxes High-Grade Writing Papers Octavo and Square Sixes Per Box of "120 Sheets and 100 Envelopes, 55c 75c Value 90C 1.50 West 23d St.

Ip fUNT)5pIffifuiWlTllllE THE "OLD, OLD" FAVORITES and the new conveniences worth coming for. Beautiful beds with twisted and carved posts or candpy-supportlna; columns; high-boys with their many drawers; work tables with their deep wells; toilet tables, broad of top, but with places for all toilet necessities; chairs the very lap of luxury; couches that woo one to repose. Every convenience at factory prices, when you or Geo. CJPlint Co, 4-3 4SAMo47wcfTesaST WEAR SWOADWAV. Acroarr 12 CORTLANDT ST.

Gait Shoes. 2.97 Box calf and russet and patent leather, some oxfords, plump 4.00 values- Shoes at 1.49 pair. About 350 pairs russet, patent leather and black calf hand welt, worth 3.00. Ooraee Fifta Ave. sal let a M.

T. SOS Faltoa Street. Brealclya. AMCSEMEIITS. EMPIaUTTHEATRE.

B-wsy 40th Bt E- Mats. Uwloesday and Saturday. v5I. A. "NCOLN'g BIRTHDAT.

hatks BROTHER OFFICERS. rrShlnsn-. Criterion Theatre. VSS Matlnfes Patnrdsy and Monday at VV MAUDE ADAMS I THE LITRi MINISTER Mat. on Monday instead of Wed.

next wWt WM. GILLETTE Sherlock Holme. MADISON SO KATRE. mnUIOUIl Oy. Evenlnc.

8:30. Funniest Farrs. MitlnAes Wednesday. Saturday, and Monday gjf Ttt CORAL IE DRESSMAKERS. GARDEN Xtra Mat.

Lincoln's Birthday. Last 3 weeka. Ern. s-2t) Matin mrs. deoenerates.

Mrs.Lantry recites "The Absent Minded Be-gar. ASI 2 Mat trarrw! Jf fc.n mat posltvly closes tmrw njrt! Famous" LondoTco. in The Belle of N. Y. 1 Lm' on- opera comiaue.

rMi.iuKBa CUIO. Important casta Chorus of SO. New costumes. HERALD SQUARE THEATRE. nTrTr- 8 20 Wed a Sat.

DAYID BELiSCO'Sa HAUGHTY AHTHOHT 21 Month. Special Mats. Feb. 12 and ROUND NEW YORK IN 80 MINUTES. With Foarera and the Great Lafayette; KEITH'S Coatlanoas Perforsaaaea DOtJJK IIFbtjitpd PRESS BLDRrDOE, POLJJE MESTAYER.

QRAZER A UAZEll lh AaaTPBATRE- 8-way A 28th St. Evas. 8:15. Mat a. Wed Sut.

LSsa sy ti. rAiitivr.i. peclal Mat. (Lincoln's B-day.) WAUX3RF.AHTORIA. Main KM Pt.

Entrance. 9 A A Ij EXHIBITION lay and Evenln this and next week oaiy. Admlssloa 25 cents. nrtZv MATINEE TO-DAY i bt. I Imperial Burlesquers irlsaques-fones.

Grant Jonas, Ac. EAST UTH sr- 3 Great Burlasqu COMIQUE B'way 2Sth Bt. The House that Jack Pallt," Nal.Te-diy. illl Slka REirrz sAimxY BURLESQUE CO. MANHATTAN AMMA UCI flifl PAPA'S Tbatr.sad a iBv4aa.at.aUt.

ninmiiLLu WIFE. r. OLCA NETHERS0LE in SAPH0. BUOU. B'way 80th St.

Ev.S:l5. Mat. Bat. ear. Matinee Lincoln's Birthday.

Last 2 weeks. MAY IRWIN WORLD WAX. fSCIXEMATOaR PH. edenmusee KBW OBOUPa. CHARMINO MUalC The Rerr.

Aaaraatiaa tSIaeeadarf 111. The Rev. Angnstina Elmendorf. rector of the Holy Cross Episcopal-thurch. Jersey City, was taken to Christ Hospital yesterday, where aa operation was performed for appendicitis.

Tha operation was success ful and laat night the surgeons said that tha patient waa dolus; wall and would re-aover. WrRfoMc-fo) The New York; Times Saturday Kviev.s meraix IWSVBSOWI Its Story as Oa the UOHT 7ROX BOOKS. Mr. Markham's Aodreaa thla Wash t-i for tha Bookaellarr Leacai! Mux. "XZrS Tennya.

Baahla. THACKESAT. Recollect Vons lea Bed acj TAit Largely from Aancee Back Thrtf Seventy Tears." by the Ute HsnrS Commeau iroS rkaoa o. Mr. BrZi THI DALY LXBRAHY.

Is ramaiae wlth It Not a Tenth Haa beea JmT WOMEN HTJM0B1STS. A. 8trikin Array of Letters Callad rw: UNCUT EDGES. A Request In the Morning and aa swer at 2 P. M.

the Saw Day EORD PLAYTAra. CrW BOOKS OP THE YEAR. SALMON P. CHASE. LONDON LITEBAKY LETTES.

By WILXJAM AL.DEN. AMllEMESTTS. OPERA ROCIE. GRAND OPERA PKAWN t-nder tb dlreruon of Mr MAURICE ORAIT TO-NIGHT S-IU TROVATORR mtL dies sad Mantelli; MM Campansrl aiSDDeL rwS? i.M,n- MM. Seoul, ptsj.

Corn, and sllnae. rn1octor, ManctnellL FO. 1 CAVALLSRIA RCBT1CAJA. Maet intlll: MM. Campsnarl sad S.llt TANfiHAlPER.

Mmea. Sutan Strra rttltika. EV. tb. 11.

at 15 Oram popu ar a. cert. 8oot: Mraes. Nor4tca.Msntelll.snd Snsanss Adsras: MM, Evan Williams sod Plancoa. aa? Pe-schnikofr.

violinist, tosether with MeC Ot. House Orchestra and Choraa. In addition toa miscellaneous concert. Rnsstnl'i BTABAT MA Tf.R li PrfJrmed. His.

MaaclnellL M-m. Teh. 1J. at AIUA. ann Em.

and Btln. nd uu- Bcotl. Plasesa, Wed. Ey. Feb.

14. at LA Mm a. "embrirh. MM. Campensrl and aHanae.

Frl. Feb. la at 8 LOHENGRIN. Mmea Bmma Eames and Sd-hnmann-Heink: MM. Van Dyck, Bertram, and Ed.

de Reexk WEBER PIANOS I'BED. METROPOLITAN OPERA HOUSE. I DER RI0 DEI KIBELI'MfiEe I FIRST CYCLE EVENINGS Tues. EVg. Feb.

20. at 8 80.. DAS RHEINOnux Jhora Ev'g. Feb. 22.

at WAIJCVERC Tues. HVn. Feb. 7. at 7 SiKorRiriX TJVa Bv March l.at OOTTERDAMMETtUNO.

The sals of season tickets rlose to-morrow eVg. Sals of seats for etnle performanFee for an at abore works begins Feb. IX at A. M. ARION SOCIETY, ORAXD MASQUERADE BALL, MADISON SQUARE? OAR DEN.

FRIDAT FEB. lsoa m. isay and gentlemen: extra a. tlcketa. 15: may be obtained st Artoa HaU.

Wth St. and Park headquarters; left KtnDayer. 20 Liberty St. Wm. Jursraera.

4S Eltcnargs Piece; Wm. Berthman. 174 Brosi way, corner Maiden Lan: Sohmer a Co. 170 6th enmer 22d Tysaa A. te general agents at all principal hotels.

A limited number hoxea and reserved seats can be had at Ansa Hall and at Tyson's. Arrangements have beea made to beat the ball In the coldest weather. UHle I 0 MatlniVs Wed. Bat. at 1 Kxtra Matinee Feb.

IX Received with undoubted favor." Post. Realised highest expectations." Journal. will run throurh the season. "Times THE AMBASSADOR A new society drama by John I Oliver Hoboes. I Extrsordlniry osst.

ournaL I VPCIIII4th AT- 2Sd St.M. t4 LI KrohmB Maaagsf Wk.will Mstlneea Thursday A Sat, tM. Extra Matinee Lincoln's Blrthdav. CHAKLEa FROUMAN PRESENTS The Surprises of Love Wolfe. II.

Reeves Smith, Erie Hope. W. Eraklne. Chas. Bower.

Olive May, Margaret Robinson. Helea Keating. CARNEGIE Malor J. B. pond announces tbe moiT.tiiJe.

ful man of the can talk a charmlnrSy MR. ERNEST SETON THOMPSDM on The Picturesque Side of Wild AniroalO Stereoscopic vlen-s of pbotugraphs and aketches takes METROPOLITAN AT 1 (VrM wt- wm mm mm mm tuw. sawaw I CStlfnOIIIaL BNCE WALLACE SEAT PALE OPENS NEXT MONDAY. A. M.

Prices. $2. t.M. Tic Uoaea. IJ3 to 10ft.

Proctor's Girard 4 I IUUIUI 0lt0 UUlaa B.rkkart.. Wkitaey Bros. DUea.Mse'ePU'aeaes pa aca diqby beu, I UIUWU Vfc. ise. tuc.

Sims aad Orasssa OBriesA Havel. KJetst Bres.fiuvsra.Mer'g Ple astaaa krM In Kneileh. The PIRATES OF PEHZAKCE. Ev.S:J5.a4c.u 1. Mai.Wd.A bac seats e.

Feb. 1 MA KIT ANA (la English.) 12. I Special Lincoln' i Birthday Matiaas. HAMMESISTEIN'S lIOTIl0l 1 Mats. SeX aag -2d 7th Avf lUlUnlA Lincoln-, rasr 17 No amoklng or drinking at msUalia CHRIS AXD THE tVOtDERFli, LAMP.

50c IdEisslca ti Promuida 50c. Kalckeraeeker. Evf a. 80. Mai.

Cat. JOi N. GOODWIN, ONANTSTAOE. MAXINE ELLIOTT iV EXTRA MATINEE Lincoln's Birthday. BROAD WAYevsTsta.

MalawtdAal't ft "i BpeclaJ Matlaee Uacoln's Birthday, rra, ISrh, BEN-HUR Aeadeay af Maslc. 14th ft. At Irvtaf PL Matlnrea Lincoln's Wasbingtoa's Birtnoevs. MONTH. WAY DOWN EAST.

Prices: 25.50.75.i eO. MataWaa. SatJ. Ev eJe. THE NEW YORK.

B'way. 44-if fta 'Phone SBM-ssia. RDninwiv tn rtwtn Mat lis-s uvmviTraa iv vaiv, birthday. Bv. Mate.

Wed. A Bat. Xe aasiUsi at Maav IIURTIG THE BRHnil IHOV, TKC FOl'K OOHANd. USth SC. A 7th Av.

SEA3IOS THREE MERKEL SISTEVa THE ROtlaOW MIDGETS. TOREK A ADAMA, eta, 14th St. Theatre, aesr Sth Mass. Wed a fa. SPECIAL MATINEE UNOOIJT8 BTRTHStAl.

SB. CHAlCET VUXrTT la A ROMANCE OF ATHLON B. Wekee A PleHeMa.le HalL I Twee. A Set. WH1EL4-Q1Q aad BARBARA F10QTY.

IRVTNO PLACE THEATRE. The arvatl" ALS 1CH WIEUrREAM. BIT. iSequel to "At the Waiu Haras Tas GHADI Law I. Kits A Clara Ussua OPERA 11a THE OIRL IN THE BARRACKS.

HOlK.i Next Weak, SUENAJa IX AK." HARLEM I FRAXK TJAfELft IBv. M. OgwHaaaaJ tat THE AHEGE Sat Ma. Ku Jasise ki. IUouU la Maaert af asuau BILL.

THEATRE. 0Ei Lev. As. Matlaaa Everr Uar. Ue.

Tale WHS-The Laat yaswaiaa.