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

THE XEW YORK TIMES, SATUKDAr. AUGUST 15, 2. builders recognize Talking delegates Formal Action on New Organization of Business Agents. Identification Card to be Issued Insuring 'Admission to Structures Where Work Is In Progress. The Board of Governors of the Building Trades Employers' Association yesterday, formally recognised the walking delegates fit the unions ihat have signed the arbitration agreement.

That is regarded as the worst blow the old Board of Building Trades has yet received. These walking who are organ-lied as the Board of Representatives of Kew York and Its vicinity, sent a. committee yesterday after a meeting In Curran'S Hall. Eighty-sixth Street and Third Avenue, to the Board of Governors, asking for recognition xt the delegates as representatives of its unions. The appointment of the committee was tha result of a resolution by the Electrical Workers' Union, which has signed the arbitration agreement, to the effect that its delegates must be recognised at buildings as agents of their respective unions.

The Board of Representative adopted this resolution and sent ita committee to the Board of Governors at the Building Trades' Club, 1,123 Broadway, late In the afternoon. The committee was closeted with the Board of Governors for some time. It complained of alleged discrimination against representatives of certain unions whose delegates were refused, admittance to buildings. The committee said that the members were willing that the walking delegates should not have power to order sympathetic strikes. It was decided by the Board of Governors to Issue cards of Identification to the business agents of the new Board of Repre sentatives, so that they could have access to buildings and attend to the business of their unions.

Chairman Otto M. KIdllts of the Board of Governors said after the con- xerence: Notwithstanding the fact that we have declared from the first that we are. running no crusade against walking delegates or business agents. Just the contrary lnspres- a. tm a nravallait TTnwlttlne! OtUH 1 walking delegates of some of these unions have been refused admittance to buildings.

This we had no Intention of doing." This action singles out the new Board of Representatives as. the one to be recognized. The old board represents the unions opposed to the arbitration agreement. K. Prince iald that the employers have all the men for pipe covering they need from the unioa of hot and cold insulators and that the new Iron Fun-era and Lathers' Union has furnished within V0 of the men needed in that trade.

The Employers had sil the housesmlths needed In the trade and matters were nearly at their normal stage. It was learned yesterday that the United Portable Hoisting and 8afety Engineers' Union, which signed the plan of arbitration and then rejected It. may reconsider Its decision sjru.in. It has sent no notification to the emplcyers that It has rescinded Its action In signing the arbitration agreement. Many members of the Amalgamated Sheet M'tal Workers' Union, which reiected the plan ct arbitration, it was said last evening, want to have it accepted and other unions are wavering on the subject.

The fast diminishing Board of Building Trades met yesterday at the International Hotel. Fifty-fourth Street and Third Ave- n.MQil rt Hrrlrnnrt Hall, its old t- ing olaoc. A letter was received from District Assembly No. 4. of the Knights of libor repudiating John W.

Hayes. Generil xiaator Workman of the Hayes faction cf th Knights, and pledging lta support to the Boaru. it was reported by Secretary Fyfe that the members of the Journeymen Stone Cutters' Union would refuse to dress stone at Public L.ibrarv. Forty-second Street end Fifth Avenue, for wme Individual stone otters who had slened the arbitration ftjrreement. The contractors are Brothers.

PARKS FOR GENERAL STRIKE. Calls Out More Ironworkers, and Says International Union Will Shut Down Work in Other. Cities. It was announced by Samuel Parks last wight In Maenerehor Hall after the regular ineeilng of the Housesmiths and Bridge-men's Union that strikes will be ordered to-day ngainst the J. B.

J. Cornell Company, the Wlegand-Cooper Company, end Milliken Brothers In every building in the country where they Jiave contracts. These strikes are to be directed principally against the arbitration agreement of the Employers J. M. Cornell is rrestdeijt of the Iron League, to Parks, the J.

B. J. M. Cornell Company has been more or less at odds vith tho union for years. The three firms are selected as the first to make a general on against the arbitration agreement.

The meeting was largely attended, and everything that Parlts said was received with enthusiasm. The second of the five assessments of 1 per week per capita, levied for a fund to keep up the fight, was callected. making In all something more than of the total sum to be collected. Parks made the following statement after the meeting: More strikes have been ordered here, and we have commUnicatrd by wire with the International Association of Bridge and Structural Iron Workers, which will in the fleht. The International As- fwiatlon will order strikes In every building out of the city where -required.

I. expect the committee ia act to-morrow and go right ahd with the strikes." The firms In the-Iron League are members of the National Association of Structural Iron Manufacturers and Erectors. Parks, in "reply to questions, said that the men engaged in manufacturing the structural Iron may become involved In the wtrike, and that It may become a aNtlonal one. The arbitration agreement, he says, is a violation of the agreement made before May last with the Employers' National Cnion. and In this he is sustained by Frank Buchanan, President of the International Union.

WANDERING MAN" IDENTIFIED. Broad Street Brokers Say He Is E. Paxton, a Wealthy Miller. E. Paxton of Addison, N.

who waa found Thuriday night wandering fdmleasly at Dvane and Hudson Streets, asking people he met who he might be, where he rright have come from and how be couli be where he was, was identified yesterday at Hudson Street Hospital through letters be had in bis pocket. One of them contained a marked circular from a firm In Broad Street The manager remembered the man-when inquiry wis made about him and said that be had represented himself as ajrosperou miller who had money to Invest. He was advlaed to 1 avs the market alone in. Its 1-resent condition and seemed gloomy- at the Idea of not gc-tlng rich in a hurry. The last heard of him in the Broad Street offlcu was Thursday morning, when he said that fie was abort on stocks which declined during the day.

Ills malady was diagnosed at the Hudson Street lionpllil as afcphasia. and this was confirmed at Btllevue, where he was taken lor examination uj to his sanity. There he told the phyt-lelana be hud been taken 111 on Jiroadway after he had taken a drink. Ths ibyiicians were positive the roan had not Letn under the Influence of liquor and had not been drugged. His money and watch were in his pockets.

Deny Sale of Bank Building. Officers of the Mount Morrta Bank declined yeeterday to discuss a rumor current In Harlem that it had sold its building cn the northeast corner of One Hundred and Twnty-flfth Street and Park Avenue. A story that the purchaser was the New York Central and Hudson, River Railroad Company accompanied the story. Ira A. Place, counsel for the Central, said that no such transaction bad taken place SAYS CLERK TOOK $10,000.

George Ft. Crelghton, Lawyer's Em-' pteye, Accused cf Many Thefts. George It. CreigMon, for years a trusted clerk In the employ of Townsend Wandell, a lawyer, of 51 Chambers Street, was arrested yesterday on a warrant accusing him of the theft of 2S0 belonging to the estate of Charles G. Smull.

of which Mr. Wandell is executor. Although the warrant charges the theft of only $280, Crelghton. according to his employer, on Thursday admitted peculations amounting to 10,000, and possibly $12,000. The accused la about thirty years old, and has been with Mr.

Wandell nearly sixteen years. He is married, and lives at 1C3 Kut ledge Street, Brooklyn. Yesterday, when asfctd about the charges against him, he said that he had been making wagers on the races and that he was $1,000 ahead. He added that there, were no women, in the- case. In reply to a question as to what he had done with the money, he answered, significantly, wltn a counter-query.

"Did you ever," he asked, have a lot of money, and then spend It, and after It was all gone wonder what became of 4tf Well, that's how I feel." When he waa arraigned In the Tombs Police Court, Crelghton told Magistrate Hogan he was willing to make restitution Mr. Wandell, and asked If that fact would not make it possible for him to be released on a small bail. Magistrate Hogan told him that he would have to consult with the District Attorney's office on that point Mr. Wandell said that the prisoner offered to settled with him on Thursday If he would drop the prosecution, but that he had deOMned. on the ground that he did not relish compounding a felony.

It was the custom of Mr. Wandell to intrust to the youpg man the depositing of large amounts of money and checks In various banks, particularly the National Park and the Chemical Bank and the Washington Trust Company. Crelghton invariably deposited the checks, retaining for his own use either a considerable portion of or all the cash. He would, as a rule, deposit about S1U less than was riven him as, for instance, on April 8 last he received 4j3.33 to deposit in the Chemical. He de positee! instead, afterward raising the figures in the bankbook to the amount intrusted to him.

On Mav 4 he araln de posited $100 in place of $ii0. creignion is also sahl to have forced the names of several officials In the Tax De partment to receipts for large amounts of money, inese receipt were given to Mr. who never doubted their-authen ticity, they being written on Tax Office- stationery. Several checks are also said to have been forged by the young man. A peculiar ming aoout tne lorgery of Vr.

Vandell'a name in the ft that PmirhixTi Is a very bad penman, while Mr. Wandell writes a very neat hand. Yesterday Mr. Wandell said even now it was almost im possible to discover any difference betweun the real and the fraudulent signatures. Crelghton was arrested early yesterday morning by Central Office Detectives Pea- body.

MeConville, and Clarke at the office of Mr. Wandell. His young wife and several members of his family were in court when he was arraigned in the afternoon. Mrs. Crelghton appeared almost broken-hearted over her husband's predicament.

Oh his way back Into the Tombs, crelghton, as he pasaed one of the men with his wife, held out. his hand. The man declined the proffered hand, saying that while he was friendly with the prisoner, he considered that he had disgraced him and would not shake his hand. Crelghton did not look at his wife unit Yallrui nut with his head cast down and a look of absolute dejection on hla face. Thomas Gll-leran of 61 Chambers Street appeared as counsel for the prisoner, while Assistant District Attorney Hart appeared for the prosecution.

Hogan fixed bail GOVERNOR'S CUP SHOT FOR. Riflemen of National Guard Competed for Marksmen's Honors at Creedmoor. The diplomacy of CoL N. B. ThurstoiC range officer, prevented a scandal at Creed-moor yesterday.

The contest for the Governor's Cup, which earns for the winner the title of "Champion Skirmisher of the Na tlonal Guard," was hardly ended when sev eral riflemen protested that "they had seen Ordnance Sergt John Corrie of the Ninth Regiment, and once a famous shot of the Twelfth, fire only four times at 500 yards. instead of the required five shots, and then shoot six times at 300 yards, where bill's eyes are made more easily. Formal protest was made by Adjt. R. A.

deRuBsy of the Twelfth against Corrie's score. When the totals were footed up it was found Corrie waa only second man, so CoL Thurston said: "What's the use of protesting a man who didn't'wln when there's only one prise?" This argument proved ef. tectlve. lor the nrotest waa -withdrawn but there waa much erumbline. as ('nrri' excellent shooting had surprised his com- lit: i num.

't he winner of the cud was Cant. J. Warbasse, Assistant Surgeon of the Thlr- leenm ttegiment, wno astonished every body by making fifteen bull's-eyes. He ecored five bulls' at yards, four bulla and one centre at a. the same at 500, and iwu dumb, one centre, ana an inner at two.

Other men who finished well ud were Lieut. Thompson of Company and Battalion quartermaster Lamb or the Twelfth Regiment, each having 89, while Sergt. Verdon of the Tweifth. Private Ecclestone of the Seventy-first, and Lieut Kemp of the Sev- cnty-iounn ueti ior intra with no. The day's shooting closed with the Adju tant General's match for teams of three from any company or field, staff, or noncommissioned staff of a regiment.

In this seven shots each were fired off shoulder at MO yards and prone at 800 yards. 'There was lively competition In this. The match was won by Company of the 8eventh Regiment, composed of First Sergt. F. X.

O'Connor. Private F. Wessell. and Private E. C.

Robinson. The score was 142, made up of 0 at and 72 at 800. There was a tie for second nlace between Companies of the Seventy-first and Sev-enth. with a score of 138. The season's competitions will close today with the State match.

In which teams of twelve from the leading regiments of the State will compete. The ranges will be 900. and 1.000 the first time these high ranges have been shot In this match. The favorite In this match is the Seventy-fim team. KIDNAPPING CHARGE FAILS.

Edward Vaik Was Accused of Taking James Hutchins's Child, Now with Hit Mother. Edward Vaik. a salesman living at the Rossmore Hotel, waa discharged by Magis trate Mayo In the West. Side Follce Court yesterday afternoon, where he was ar raigned on the charge of kidnapping the twelve-year-old son of James Hutchlns of Portsmouth Va. During the proceedings the boy was brought Into court by his mother, and Emanuel Friend said to him: Who had you rather be with, your mother or your father? I want to stay with my mother al ways." replied the boy Quickly.

Mr. Friend in his arguments stated that the father or tne ooy nad not during tne last three years aided In his support, and his mother had paid all expenses. Mr. Vaik was arrested on Monday. A short time before that Mrs.

Hutchlns was living with her Mrs. Carhart, at 101 West Fifty-second Street. She left her sis- ter's home, and the latter immediately tele graphed to Mr. Hutcnins in Portsmouth. The husband, who was present, waa three year ago convicted of killing a man who was attentive to his wife, but waa oar.

dnned. At the examination yesterday Mr. Friend requested that Hutchlns be searched, and that was done by Detective Kiernan, but no weapon was sound. Arrangement for Bonded Baggage. The Lehigh Valley Railroad Company has inaugurated a new system by which the baggage of travelers from Europe to Canadian point tan be bonded on arrival at the Tort of New York and checked through to destination without the necessity of examination.

It Is also arranged that east-bound baaaage from Toronto. destined for European ports, shall be bonded in the Toronto -station and checked through to the steamship dock in New York, where It will be free from examination by the United States Customs House officers. AGISTRATE Ccupls Say Hogan Icnortd Charges Against Josedh Cowan, Jacobsons Get Supreme Court Order In Effect to Force Hearing of Alle gation Agalnsjt Broker. Magistrate Hogan. atj present sitting in the Tombs Police Court.lwas served yeter-day with an order to Show cause why a peremptory writ ma damus.houId not i issue compelling him take up a complaint preferred by Max Jacobson, an electrician of 1,123 Lexingt on Avenue, and his wife, Laura Jacobsor against Joseph Cowan, the young "Wall Street broker.

Tha order was made returnable for Aug. 20 In Part Special Term of the Supreme Court. Mr. Cowan, who la thb head of the firm of Joseph Cowan Col, waa arrested re cently on the complainjt of Mrs. Blanche Hubbcll Smith of Milwaukee, who accused him of having Appropriated to his own, use $53, (XX) uhlch ale had entrusted to him for Investment.

Magistrate Hogan dismissed the complaii and the young broker afterward effectt a settlement with Mrs. Smith. The compli int of Mr. and Mrs. Jacobson Is of a aimilar nature.

The order was obtained yesterday by Charles J. Gerllch, of derllch A Schwegler of 4 "Warren Street, hi has been retained by Mr. Jacobson In I the affidavits on which the order was obtained It is alleged by. Mr. and Mrs.

Jacoison that on Sept. 17, 1901, they delivered to Joseph Cowan fifty shares of United 8 ates Steel stock to be transferred on the xoks of the company, and that instead of doing so Cowan appropriated the stock 1 9 his own use. Jaco'ceon further alleges that od Aug. 10 he appeared before Magistrate Hogan with hla counsel, laid hla information before him, and aaked that a warrant be issued for Covan'a arrest. The whrrant was refuned and a summons issued! Instead, returnable on Aug.

12. I This summons was sfrved on Cowan as he left court after having been discharged in the case where Mrs. Smith waa the com- j-lainant. Mr. Jacobson further alleges in his affidavit that whenlCowan appeared in court on Aug.

12, In refprjnse to the summons. Magistrate Hogaa without any "cause whatever refused to entertain the complaint against him or issue a warrant for hla ar rest. I Mr. Gerllch. in epeakisg about his experi ence with Magistrate Hogan yesterday afternoon, said that wnfn he appeared in court on Aug.

12 the Magistrate positively declined to listen to ffiythlng he had to Kay, and that alter heinad heard a statement from Mr. Zaringl who appeared lor L'dwan. he threw the case out of court. I asked that a stenographer be calleo." said Mr. Gerllch, and Ihat the proceeding as as my protest, lie made a matter of record, but this was refused.

I cannot understand the conduct of the Magistrate In this case. The compiaist of my ciient was analogous to that of Mrs. Smith, and if Magistrate Hogan entertained that complaint he should have rntertalned the one preferred or us. I am determined see this matter through and have no ilsglvlngs as to the outcome. The Magistr ite was manifestly in the wrong.

The who question has been thrashed out In the Su preme Court In the case of Prendergast va Tolberg, which was argued before Justice McAdam on March 27. 1001. In that case gist rate Pool, who had declined to enterta a complaint. Just as did Magistrate gan. was severely censured bv the court, Prendergast was a Deputy Sheriff at i hat time.

Tolberg, against whom Maglstra te Pool had refused to entertain tne compi unt, was examined and committed to awa the action of the Grand Jury. In that case it waa established that a Magistral i must hear a complaint. After he has do te this he can either issue a warrant or ref i ise to do so, but as to the bearing what th complainant has to sav, he has no choice. 1 Magistrate Horan salt! yesterday that he had been served with khe order, but that as three or four days ret remained before he would have to answ It, he had not as yet taken time to look over the affidavits. When told of Mr.

Gei lich's statement to the effect that he hi id thrown the Ja cobson case out of i ourt without even listening to what the complainant had to sav. th Magistrate re lled: Don't tell me what the lawyer said. I don't want to hear It. and I care. I have nothing to say at nut that at alL'r SUIT AGAINST S.

11. ROOSEVELT. Organizer of Phosphate Companies Seeks Payment! from" Presi dent's Cousin. Henry G. Wiley of 28 Broad Street yester day made a motion for a reference In the suit brought by Edmohd Kelly against S.

M. Roosevelt. Mr. Kelly is living In Paris and asserts that Mr. Roosevelt, who Is a cpusin of the President, employed him in organizing various corporations, for which services he makes clatr to $24,000 and 000 disbursements.

Mr. Kelly says that! Mr. Roosevelt was interested in the Powter patents for gaining valuable phosphatek from garbage, and that on benair or Air. Liooseveit ne organised several companies among them being the United States Phop phate Company, the International Reductioi i Company, and the. National Hygiene Com any.

Edward Stephens an A. G. Vermllia of Temple Court, counsel! for Mr. Roosevelt, assert that if tnere is anything due Mr. Kelly it is from the rrporatlons and not from him.

The case vail probably be tried in October, when Mr. I Kelly is to return from Paris. OVERCOME BY FUMES OF OIL. William Moxhall Apparently Dying Af ter Experimenting in Green-point "Tank. While at work yesterday afternoon in the Kings County Oil Works, in Greenpolnt.

William Moxhall, fifty years old, was over come by gas and was semoved to St. Catharine's Hospital, Williamsburg, In an ap parently djlog conditioh. Moxhall Is an 'oil tester, and lives at 12 Orient Avenue. He whs experimenting in a tank with some oil, when the fumes overpowered him and he ftll to the floor. He wa touna later Dy ornpioyes, wno sum moned an amouiance.

I Alter maklne un successful efforts to revive Moxhall, Dr. removea mm no tne nospiuu. M0SQUIT0S STOP PRAYERS. Savage Attacks Break Up. Jersey City Seventh Day Advtntists' Meeting.

The Seventh Day Advent Church of Jer sey City undertook to hold a prayer meeting in a tent at Union Street and the Hudson Boulevard on Th irsday night Irre ligious xnosquitos toot possession of the place, and, although Ithe tent had been fitted with electric fani, warranted to drive out all insects, the guarantee did not hold grod. The mosquitos lald no attention to tne tans, nut concentrated their energies upon un: pumiuiipcrs. After half an hour's Ihat tie the mnmn tlou beat a hasty retreat, put out the lia-hta. avTi ifii icui tu uainncn ana tne mos quitos. CAPT.

DILLON'S TRIAL ENDS. Deputy Commissioner Davis Requires Brief on Involved Case. The trial of Capt. James Dillon of the West Forty-seventh Street has been tried on chkrges of neglect of duty, in falling to obtain evidence against twenty-two saloons ln his precinct, where violations of the excli law were allowed. was enaea yesieruay ii ters, i Deputy Commissioner Davis then aald that as the case was So involved he would desire briefs on each! side.

He gave the lawyers until Saturday to file them. Escalator for Elftvated Station. Owing to the congestion of traffic at Thirty-third Street, U-oadway, and Sixth Avenue, the Interborough Railroad Com panv has decided to Install at -Its south bound station at that point an escalator ana oonnectmg root teiage. The contract for the Improvement bks been let and work win begin at once- COIIPLAIH OF I EUSSELL OBJECTS TO LOW Chairman of Greater New York Democracy Wants a Democrat. Goes to Saratoga, Where His Political Associates, as Well at Tammany Leaders, Are Congregating.

Following closely on the published reports of the defection from the ranks of tho Greater New York Democracy and to Tammany Hall came the unexpected return to the city yesterday of William Hepburn Russell, Commissioner of Accounts under Mayor Low and Chairman of the Executive Committee of the-Greater New York Democracy. Mr. Russell said that he had Just como from his vacation at Nantucket, and that he was losing no time In getting away -from the city for Saratoga Springs, in proof of. which he luft on a late afternoon train for that resort, where now are gathered so many of the prominent Tammany politicians as well as Jacob A. Cantor and other leading men of the Greater New York Democracy.

It may look suspicious that I am going to Saratoga at this said Mr. Russell, but really I had planned it some time ago, and there la nothing about the trip connected with any rumored negotiations for the return to Tammany of the men my organisation. I have no doubt from what I have readnJn the papers, and from what I heard before I went away, that many of the members of the Greater New Tork Democracy, including Mr. Cantor, are willing and anxious to return to Tammany, but as an organisation I believe that the denials of Mr. Sheehan settle that question.

One thing, however, stands out In this entire matter, and this Is the urgent necessity for the Fusion forces to nominate an independent Democrat for Mayor. That and that alone can take away the charge that the Republicans are striving to use the Fusion movement here to elect a Republican Mayor to help out in the State and National campaigns of next year. Mr. Ixw has made a good Mayor from a business administration standpoint, although he has disappointed many independent Democrats in the matter of the patronage recognition he has given them. In some ways the Mayor Is entitled to a re-nomination, but from the standpoint of practical politics the nominee should be an Independent Democrat.

Mayor Low, If again the Fusion candidate, might possibly pull through and win. but the chances of electing him would not be nearly as rosy as though such an independent Democrat as coier or swanstrom or Monroe were named. Undoubtedly there Is a disposition among all Democrats at this time to get together in view of the Important elections of next year. The old antaaonism to Tam many because of Croker Is gradually dying out, because it is apparent tnat croker is becoming rapidly a lesser rirure in tne Tammany arrangements. Should he return.

he undoubtedly would have a good deal to say about things, but I do not believe Croker will return, and this Is having a good effect on tne organisation. Murony is doing very wll and seems to be taking the advice of all his district leaders, and If he consents to nominate a man like Coler or Shepard Tammany would be almost certain to win, especially If a Republican Is named to head the Fusion ticket." Then Mr. Russell-was seen to rush In the direction of the Grand Central Station, and ne win be on tne ground eariy ior any ret-toaether conferences that may be held at Saratoga over Sunday. It developed yesterday that Charles F. Murphy will go to Kara to ira in all probability early In the week, although no date la known to have.

been definitely iixea. There were many rumors about town yesterday to the effect that some of the oi line Democrats In the Greater New York Democracy would organize another Independent Democracy in the event Of the Greater New York Democracy golna Into Tammany as a whole, or of any considera ble part or it xouowing tjantor into tne wigwam. Others, who have been with the old County Democracy or the Irving Hall Democracy, or some or tne otner opposition Democracies that have sprung tip from time to time, said that they thought such Greater New York Democrats as do not re-ritpr Tammany will be found in the Cltisena' Union organisation this Fall. FURMAN TO RUN FOR MAYOR. Social Democratic Candidate Says, We as Slave Have Nothing to Lose." A formal letter of acceptance wis sent yesterday by Dr.

Charles L. Furman. the candidate of the Social Democratic Party for Mayor of this city, to the headquarters of the local committee of the' party. He says, among other things, that the wealth-creating class must capture the ballot from the law-making class. The law-enforcing power of the country, he says, has up to the present always operated to the detriment of the working clasa.

He adds: Thus recognising the fact of the existing class antagonism, we, as slaves, have nothing to losa; we as men have nothing to fear." SPECTACULAR RESCUE AT FIRE. Fireman and Policeman Get a Panic-- stricken Girl from Sixth-Story Window. Eleven panic-stricken girls found themselves caught In the sixth story of a burning building st 210 Centre Street yesterday morning and one of them waa rescued In a dangerous and spectacular -fashion. Six of the girls already had got down the flra escapes when Fireman Brown of Engine Company No. 31, In Elm Street, made a dash for tho sixth floor.

The volume of smoke stopped him and, accompanied by Policeman Raymond of the Elisabeth Street Station, ha hurried to the rear windows of the fifth story. Above him were the frightened girls. Brown climbed Into a window, pulled down the sashes, and, mounting upon them, with Policeman Raymond hugging his legs and with one hand clinging to the top of the window, he. reached out his head and shoulders and the other arm. Half way out of the window above hung Annie Pepper, a twenty-two-year-old girl living at 105 Forsyth Street.

She waa astride the sill and calling wildly for help. Erown called to her to give him her hand, which he could Just reach, and having got a firm hold on her wrist told her to let hrr-elf down with the other hand. As she did so be swung her Into the window and then sha was conveyed safely to the street. By that time a scaling ladder from Hook and Ladder No. 0 had reached the window, and the smoke having cleared somewhat Brown climbed up to the sixth story to find that the other four girls had been taken out by firemen who bad reached the floor from the window of the next bouse.

The girls were emnloves of the Vienna Pearl Button Com pany. On other floors were numerous other working people fifty in all and some ct these had to take to the fire escapes, but all got out safely. It was said the fire began In a bucket of lensnnina- varnish, which the elevator man was taking down to the cellar. The eleva tor man himself escaped with some burns nml a ains-ed brd. and the fire was con fined to the elevator shaft the panic being caused by the smokf.

ine uamage was estimated at 11.500. ODD CLAIM H7 TROLLEY SUIT. Coiapamr. Defetsae, Saya Oae-Araaed' Has Ceald Rot Gald Coaeb. ASBURT N.

Augr. were served to-day In a suit for $10,000 damages, brought by Benjamin F. C. Banta of Newark, a son of Mrs. Sarah Banta, proprietress of the Hotel Bristol at Asbury Park, against James Smith.

receiver of the Atlantic Coast Electric Railway Company. The action" grows out of a trolley accident On July 5. when a trolley car ran Into a coach In which Banta was riding with his ten-year-old daughter Cora. The coach was demolished and Banta's ear was so badly lacerated that twelve stitches were necessary to put It together. The little girl escaped.

Banta cl.iims that the car was going at a high rate of speed. A one-armed man waa driving the coach, and the company claims he was not able A to properly guide hla team. EXCISE COMMISSIONER -LOSES. Court Falls to Order an Amendment De sired in Papers on File. Commissioner Culilnan of the Sttte Ex cise Department has been defeated in his attempt to have the Supreme Court amend an answer filed by Patrick J.

Shea in a pending suit. The aniwer Contal-aed the allegation that Commissioner Cullinan has been, guilty of conspiracy and collusion with the Fidelity anJ Casualty Company In an effort by that corporation to retain S1.C00 deposited by Shea for a bond guaranteeing that he would conduct his saloon In a proper Justice Greenbaum yes terday denied the application of the Excise Commissioner to have the objectionable matter stricken out. -Shea was in 1X and 11)01 the proprietor of the Cairo Cafe at 32 and S4 West Twen- Street He gave uj the business subsequently, never having been prosecuted, and then sought the return of his The Fidelity and Casualty Company declined to give it up. Shea then brought an-action for Its recovery through Lawyer W'ahle. The company claimed it had the right to holt Shea's fl.OO Until the expiration of the period prescribed by the statute of limitation.

The Excise Commissioner thn began a suit agalnt bhea, ard the Fiiellty and Casualty Company, declaring that Shea had violated the law by keeping a disorderly house, and asking for the forfeiture of the 91.000 to the State. Shea In his answer to this suit denied the ever had kept his premises In otherwise that? an orderly manner or had ever vlo-Inted any provision of the excise law. He further alleged that Commissioner Culll-nan's action was the result of collusion and conspiracy between him and the FldeMty and Casualty Company to defraud him of the sum of H.ttJU duf him by the bonding corporation, anl was brcuht for the. purpose of enabl'Pg the company to Interpose as a mtter of defense to his action against it the pendency of the Commissioner's suit and the matters referred to in his complaint. BROOKLYNITES STILL TO WAIT.

Commissioner LTndenthal Telia Delegation Rapid Transit People Diap- prove Poulson Bridge Terminal Relief. Plan. Commissioner Lindenthal of the Department of Bridges yesterday was walled mon by a delegation of Brooklynltes seeking a trial of the Poulson plan for-relieving the congestion at the Manhattan terminal of the Brooklyn Bridge. The Commissioner told the people that he Is powerless In the matter, as he already has made a to the Brooklyn Rapid Transit officials that the plan be tried out thoroughly, and that President Winter of that company has declined to act in the matter, falling to see any good In the scheme. Both Nells Poulson and Benjamin F.

Blair-were speakers at the hearing given by the Bridge Commissioner in his office. Mr. Blair explained the existing evils In conditions, and in the name of the Brooklyn League demanded that every means be tried to end them, while Mr. Poulson said that relief was a certainty, if his five-loop plan be adopted. The Commissioner ssld that his powers ended when he made the request of the Brooklyn Rapid Transit people, and that he had no power to enforce the granting of his request.

If the appeal to the company is without tffect. tho Commisslof.er declares, there will be nothing to do but wait and see the result of the improvements planned by tbe company it-wlf. The delegat" Included Henry Batter-man, William H. Klnnear of the Brooklyn I-ieague, James T. Holle of the Brooklyn Manufacturers' Association.

Frederick C. Cocheu of the Bay Rid ire Property Owners' Association, George W. Menrs. John B. Crelghton, Mr.

Poulson, and Mr. Blair. Bids to Finish Williamsburg Bridge. Bids for the construction of the roadways and of the approaches to the Williamsburg Bridge were opened yesterday by Deputy Commissioner Robinson of the Bridge Department, three bids being received. The Century Construction Company's bid was slM.200: the United Enxineerlna and Con tracting Compony bid and John Hopper bid siSo.uxi.

Tne deputy commissioner said that all the bids will be gone ..11 .1 YiA .1 a A ln.AM The advertisement calling for bids declared that the work must be done by Nov. 14, and the completion of this work on time will mean that the bridge will be ready bv Dec 1 for traffic LEGAL NOTES- Soxs Charosd Father with Bcsikbbs Treacukkt. A case In which two sons charged their father with having learned the Ingredients of a secret formula of theirs for making carbon papers, and then disclosing such formula to a third son and another man for the purpose of competing with the two sons in business, was decided a tew days ago by Justice Rich of the Supreme Court at Rochester. Wlnfleld P. and Charles J.

Pembroke were the plaintiffs In the suit, and their father and brother, "Wlnfleld 8. and George H. Pembroke, respectively, together with Charles A. Dake, were the defendants. The plaintiffs are the Inventors and discoverers of a machine for applying dope to paper In making carbon paper, and of the foiraula for the dope." They call their company the Kee Lox.

which Is said to be American Indian for Flower City. Their father, Mr. Pembroke, was until Fb. 24, 1002, foreman of the company's factory. It was claimed that he had learned all he knuw of the business while serving as his sons' foreman, and that he agreed to keep the secret of their manufacturing methods.

Justice Rich, in giving a decision In iavor of the plaintiffs, finds that Pembroke disclosed the formula to his son Georg and to Dake while still fti the employ ct the Kee Lox Company. He also finds that the Indellba Company formed by the defendants had not made a marketable carbon paper until Pembroke. went to work for It after leaving his two sons. Thn followed the manufacture by the Inrliba Company of a. carbon paper practically ln- oitinguisnaDie irom tne n.ee ixx product.

The Indeliba paper, said Justice Rich, was marked with a figure so closely nem. Ming that of the Kee Lox as to deceive the ordinary ouyer. ann tnat it war tilso advertised and desimated aa non-areaa." a term used by the Kee Lox. The Infiellba Company also put up iui paper In red paper holders with a flap a the top, packed in pasteooara ooxes reaay ior market, a method original wltn tne older conisany. Justice Rich therefore orders that.aa in junction Issue.

UMSEALEO WMTTKN CONTOACTS. IB SO action on a mechanic's hen. brought by the Eagle Iron Works against Thomas M. Far ley. it appeared that the contract botween the parties was In the form of a written offer by the plaintiff to furnish an set certain Iron work on buildings In the course of construction by the defendant for 13.532.

The acceptance of the offer was alto In writing. But neither In the offer nor in the acceptance was anything said In icfer ence to the time or. manner of payment The iron works gave testimony to the ef fect that after the acceptance, and before it had begun to furnish the Iron, "an oral agreement was entered into whereby Mr, Farley undertook to pay for the work in Installments. As he had failed to pay these Installments, the trial Justice refutted to allow the plaintiff to proceed with the work, ana rendered Judgment for the aerv Ices and work up to that time. The Second Aunel te Division, on appeal, declares tin tenablo the position taken by Mr.

Farley's counsel, that because the written contract was an entire one. the admission of evidence of an alleged parol arreeaxmt to modify that contract by providing for In stallment payments was erroneous. A written contract, not under seal," aald Justice Wlllard Bartlett. for the court, "may be modified berore breach by the subae auent oral aSTeement Of the parties. L'n douttedly the existence of a separate oral agreement, aa to any matter on which written contract is silent, and which Is not Inconsistent with its terms, may be proved by iarol.

If under the circumstances of tho particular ease It may properly be inferred that tha parties did not Intend the written paper to be a complete and final statement of the whole of the transaction PAYOR SDBIYAY SFUE FOR SEYENin AYEItUE Broadway Merchants Oppose Any Construction on Their Street. Edward Hatch, la Pushing tha Fight Far Beyond Original Antl- Ditching Lines- There was a new turn yesterday to the protest of the property owners and merchants on Broadway between Fourteenth and Forty-second Streets, against tho building of an open ditch instead of a tunnel on their part of Broadway. Many of the leading men in the movement declared themselves opposed to any excavation whatever along the thoroughfare, saying that the spur could be of little Use for traffic, because of Its nearness to the Fourth Avenue line. Also, they are afraid that If even a tunnel la begun It will result In a ditch, meaning the loss to them of hundreds of thousands of dollars in Sentiment now is veering toward opposition to the construction of any branch of the subway on Broadway, and. In case any spur built, of having It pass along Seventh Avenue.

The big dry goods houses between Sixteenth and Twenty-first 8treeU are taking the most active Interest In the opposition, prominent among them being Altken, Bon and Lord Taylor. Edward Hatch. of Lord tc Taylor, who Intends to push the fight, absolutely disfavors anything calculated to disturb Broadway, above or below ground. "Anybody can see," he said yesterday, that if Broadway Is disturbed on Us sur face, even during a few months, the merchants and hotels of the district would lose immense sums of money. If the subway people go underground and bnlld a tunnel they probably will find a way to come to the surface and make a ditch.

In this immediate neiahbornood any construction ia difficult of the old Mlnetta. Brook wnicn, though subterranean, la as active as ever. The region is full of Quicksands and many of our buildings are on pile. Bfore the tunnel could be tinlhed we prob- noiy wouia nave another. 1'arx Avenue tiair.

But. rrsntina- that th tunnel will finished without Inconveniencing anybody, what reason Is there for building It under Broadway? We are only stone's throw from the Fourth Avenue subway, and it will be sufficient for all traffic in this quarter. It is Intended primarily for rapid transit, -and for local traffic the surface cars ere amply sufficient. icven tne tunnel were under Broad -wsy, nobody wonld use It lor local traffic for who wants to ride below rround and in vitiated air when a surface car answers the same need? There are perhaps more wo men i nan men wno pasa along Broadway in this quarter, and I am mire they would prefer surface cars, for tbey like to look at the shop windows and see what la going on. ii ormncn line ts needed ror the subway it certainly should pans further west of Broadway, where it could pick up extra travel and not inconvenience so many peo- rle.

We are preparing to -fight for this, was only a little while ago thst George Taylor of Altken. Son was here to see me about organising. Representing McGibbon linen merchants at Broadway and Nineteenth Street, James R. Lord was of opinion that the best Interests the city users of the subway and Broadway merchants includedwould be served by taklnar Seventh Avenue for the route of the spur. He point er out mat tne Mlnetta Brook, burled mourn it is, is still an active stream, wltn which builders In that part of Broadway have to reckon.

Quicksands made it one of the hardest places in the citv to exca vate, he said, and the building of the tunnel mere would be a long and expensive process though, of course, not an Impossible task. Mr. Lord added that he was quite sure that the majority of the merchants south of Twenty-third Street do not want a tunnel In Broadway." E. H. Pofper of Oppenhelm, Collins tt Co.

is another who holds the same oblections as Mr. Hatch regarding the building of a uroaaway Drancn to the subway, lie, too, falls to see the advantage of such a short section, when compared to the cost of building it and of the possible loss to the merchants of the section. "This firm," he said, "will Join any movement to prevent the tearing up of Broadway." M. L. Mertfleld.

the nronrlefor of the Can. tlnental Hotel, said that, while be was strenuously opposed to the Broadway ditch, as a matter of civic duty he would favor the tunnel if It were thought to be necessary by the Rapid Transit Commission. Morgan Ross manager of the Imperial Hotel, takes the opposite view from the persona aoove mentioned. lie wants tbe tunnel, so the street la not torn tm as he thinks it would bring more traffic to uroaaway. He went on to say that subways had been constructed successfully in Baltimore and Post on.

and he supposed as much could be done here. START ON BROADWAY TUNNEL Scaffolding for Bridge Erected Oppo site St. Paul't, -Where) Shaft Are to bo Sunk. Gaunt timber frameworks Incumber tha sidewalk before Ht. Paul's churchyard In Broadway yesterday.

They had been cd during the night and mark the first step by the Degnon-McLean Company In carrying the subway from the Post Office to the Battery by a plan said to avoid blockading the clty'a main thoroughfare, A similar structure will be built In front of the Na tional Park Bank, directly across the way. and the two win be connected by a bridge. upon wnicn a sned will be erected. In that will be placed the derricks and other machinery necessary for the work below, the whole being only a few steps north of the site of the old pedestrians' bridge, at Broad way and Kulton Street, which durlnr thm sixties wss deemed necessary for the safe passago or root travelers from one sldo of the street to the other. Th anhmav tn-M- will vw- 9 ICUJIU1, wooden sidewalks on each eldlT to which passershy will have to climb while the subway laborers are delvinr on tha lel the present sidewalks.

Special footways will be constructed from these raised passages to St. Paul's Chapel on one side and the Park Bank on the other. The supports on either side of Broadway are heavy thirty-foot beams and will leave twenty-six mo vo as. 1 i foot parsar will left on th? nidewa.lt wriui mo Liiurcn, wnjw inert will DO ft, tie more room on the east side of the wy. Open Intra In tha attdewalk about mix kr tWAtltV fMt mril 1 rwsrtnl nf men and buckets from the tunnel headings, advancing beneath the level of the street these shafts being surrounded by high board isnrwa.

nrg iin i ns aipiKtriiM a1h m. a as vuiy progress between o'clock In the evening stress of traffic. It may be a fortnight or inure wivni any uijcging is aone. A fmllar atrnirfm 111 Ina Broadway, in front of Trinity Church. tvuiiLii, mvj ia rirry inl tun.

n. it-v irr.ui these two points without further disturbance of the surface, though it ts possible other shafts may be sunk at Liberty Street. Much longer spans than this have been worked successfully in other tunneling op Kilt th altualr. V. AAUUri cated.

from an engineering standpoint, by i iin vi wn-r, iii, arm sewer pipes and electrical conduits that will have to he passed. Below Wall Street the Subway soon sink below the water level, necessitating working from caissons, as in the construction of the foundatlona of the great office buildings along this section of the line. CYCLING DECLINE KILLS CLUB. Brooklyn Borough, Formerly Brooklyn Bicycle Club, Aaslgna for Cred- Itora Benefit. The Brooklyn Borough Club, formerly known as the Brooklyn Bicycle Club, made an assignment tor the benefit of its cred Iters yesterday.

The assignee is William IL Reld of Brooklyn and the document ia signed by William F. MeCahlll. President, and John A. Kennedy, Treasurer It 1 said that the liabilities of the club amount tHMO. There waa no schedule of assets tiled.

At the time when bicycling was faehtona- A short tale's soon told. Clothes, furnishings, ha, and shoes till 13 o'clock Saturday. 5 ROCEBS, PET CoitPlirw SM Broe4way. epoat City Han. Broadway, cor.

12th, We Alt 1250 BroMiy, pot irtM saaii. ana Waat 4U SC. CEST0V0TES. The per-lection of an Oat breakfast food. Quickly prepared ravenously eaten intensely enjoyed.

HEALTH FOOD 61 5tliAr: WO VEX FOR WEik LOOK SWELL WEAR WELL OFFER 4L LEVIS SO. Wholesale rare era, Sew Terk. AMUSEMENTS. MANHATTAN BEACH TO-DAY. SHANNON'S RAND to-night in A IMFC nntinctt at rMin rumrui 8, AND GRAND FIStEVOJyCk MATINEE AT 4 EVENINGS AT 8.

Tel. CaU SS34 1-tJk. tb4 ef Uwaaaaoa, Irf Oreet Burl oua. 3 i r. i i.

lion Ski a 10 Pla-Aeta 10. 40 Choraa OtrU40. GARRICK "V' CHARLES nfOHJIAX ktsaact SEIT MONDAY. JOHX C. THOS.

A. RICE WISE la Leo DftrlehatHa's fewest fare, VIVIAN'S PAPAS SKATS HOW ON SALE. III ICCTIf GRAND CntCt. B-way Mta St, unMiiiv at a. TO-NIGHT LlptCl Klfcat SSSItH FUrc WIZARD OF OZ BEIT lEATSa w4.

uat-. fi.ea wtta TKED A ETOXC as tbe Bcanoc. ROOF GARDEH 50c THE BEST snOW IX TOWS. JAPAN -BT- TX cast. Fretty Olrla, Catchy Muic.

Bit Cowls Oj-t Hit. OT0Y0 DellchtfuKr CooL KTf.HT I Palny Ji'irtite. Perform, rwuuij aneea la New UaU. tneTeefOMEDY a vavd.BHOWS. 0)rd Bi CeatlaaeaaiCtk ZOm.

aaaeTllt. Deity Ac CU TaaaVrlUa. CO -a Sleyeeef the 1 1 rth Cart. ilUaV sitae." 1 1 a Taaaerilta ACADEMY OF" Ml SIC 14th St. I.i-Mt a Cfv'a production et Ha 11 Caiaa'a plaf he Christian, Prtcet SS.

BO. 73. L00. MaL TohUt at Er. Xa.

LUTJA EXTRA FREE ATTRACTIONS TO-DAY SUNf)AT. -PARK let ft.Tbeatre.vrli At. Mat. Wad. Sat, CVmmnctnt NEXT MONDA1T, Anf- NAT.

M. WILLS. TRAMP. In the new musical comedy. A SOX OP REST.

CASINO Jfat.Today.2:lS fTTatthaltan ITwy a SSI Ft. TT1- 8 M. Af ata. To-4ar a 3 THE EARL OF PAWTlCKEt FLOATING ROOF GARDEN. Str.

Crnd Frfmbllc. Hlf CI Ttoecyl'ta. ft 8 P.M.: w.23d st-S-an: WiJ fcyeaU Except Friday IMmQ atadlaoa Square Oerdra. Ktea. 9a, 1 UJ fiokriat.

Caarlotta O. Oars. Kiwb n4M Laid. ICklttt BCK lil TERRACE GARDEN uf kioht LA TRAVIATA. PDVTll LN.I.Th(r)Fi San4r.

tnlolftLr li KTii Tim 1 1 p. PltMv DAWLIVC1 OT THB OALLERT GODS. Ui'JiUUIOI Ked YVaFlrarn'a atiaatrcl Mlaata. DARADISE ROOF GARDENS ry. J7 10 VATTUrVlM.T: I tm-lud.

mratro AO I i. C-fcLEBRlTlJUJ I Kxtreacaaa. bailaC JOliUSTOWn FLOOD coxrr uLAJtn. CONEY'S BEST. KEITH'S- 7 BRT SHOW 15 TOW.

JW P. SCAT ACTS-PHICKS K-V. a and et. Kl RTin a.a-inr.k fa Mm Jtt fc. I SKni.u ptTTi THOt baihU as Mcit Week Xwe LttUa Vaarejua.

QD AV. Mat.Toalar. Taa Llaalteal KaiL Krt weS" DOWS UT THB 6EA." tl the Brooklyn Uicrfle Club was one of the Urg-oai ul moat popular ors ct lt kind lt the borourh. hen the craae tiled the tnemaerahlp I-H off until Iw yeara aao" the name was enacted to tne LTooklyn -Botvuga Club. Body from River Identified.

The body found In tbe Hudson River tit Two IlunJreU ami 61xty-tblrd Street WtdneiKy Is probably that ef Adnlph T. Ge.rl of City, Tena. Geri. waa Secretary of the Royal Areanura In hla hf.m cliy. hae been wiMtrf The Identification at th- veat.rd:.y was made bv Kyhn V.

MtGuDe CUT. A br of the man's family ts dv" sent for. swam.