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

THE NEW YORK TIMES. FRIDAY, MAY 24, 1901. 7: i 1 it; I i i i I i i i DEYERY TRIES POUGEHES Censures One for Being Too Slow in Shooting a Claim for Payment on Furniture-DIs-r mined Became Usurious Interest i Was Charged. eputy Commissioner Deverjr, presiding at the trials of delinquent policemen at Headquarters yesterday, cave a number of curious decisions, and gave no redress to complaining: creditors. Policeman K.

L. Ii. Von Diexelskie Ot the Eldridge Street 8tatlon was censured for not being freer with his revolver, although he had shet a man. The policeman came upon Ahree) men robbing another In front of 119 Bowery on the night of May 12. They ran Into a sa-' loon; he followed, and, grabbing the nearest, toldf the others that it they ran he would shoot.

One did get away, but the third, James Lane, sprang at the policeman and tried to secure his revolver. After a brief struggle Lane turned to run and WM shot down In his tracks. Be was taken to the hospital a prisoner, while Von Dieiel-. skle marched the first man be had seised off. to the station house.

The policeman was being tried, as required by the department rules In all cases where a policeman uses his revolver. It's too bad Lane didn't get your revolver," said Devery. What did you wait so long for?" "He would never have got it. Sir," said the policeman, quietly. Well, he might have, and then where would you be.

There are refugees and criminals from all parts of the world down there in the Bowery who don't care what they da He'd have got you sure if he had ever reached that revolver. Don't argue with them and don't be so long. Get your prisoner to the station house, no matter how you get him. I'll dismiss this com plaint- Policemen Storer and Diercks of the West Twentieth Street Station were charged with failure to prevent a burglary In a clothing store at 290 Seventh Avenue. From the store $200 worth of goods had been taken through a broken window on the nlrht of April 30.

Capt. Moynlhan said that the clothier had asked the policemen to pay for the stuff taken, but could not give an iiemisea statement or nis loss. I don't take anv stock in this com Plaint." said Devery. but I'll fine you five days' pay each for not examining that aide window. It's your business to exam ine everything about a store." Sergt.

Joseph Burns was charged with defaulting on five months' rent on an apartment at 223 Central Park West, which Be occupied while attached to the Tender loin precinct Devery dismissed the com nlaint. I Why didn't you dispossess him)1 he asxea tne -tanaiora. rou naa no business to let him stay as long as that without paying." Policeman Michael McKntee was charged J. H. Little with tailing to pay $16 due for furniture.

McEnte sold he had already paid Little ioOQ and Interest at 10 cent, and that he disputed the alleged caiancv. utue i representative admitted mat ne nad paid this rate of Interest That's usury." said Devery. I'd like to see him turn around and sue you for the of him here. I dismiss the complaint" Policeman Brosemann failed to attend a fire on his post in the Morrisanla precinct. He said he saw the engines run.

but he thought they went beyond the limits of bin beat "You young policemen ought to be on the watch for fires, because there Is a chance in every one of them for you to distinguish yourselves and work yourselves up In the department." said Devery. But you didn't care about fires. You didn't care anything about paving lives or anything. I fine you ten, days' for not seeing that fire." MAY ARREST CAPT. HERLIHY.

Magistrate Cornel! Says Testimony is Sufficent for Issuing of a Warrant. The examination of Police Captain John D. Herlihy, on charges by James B. Reynold's of the University Settlement, that he neglected his duty by falling to suppress disorderly houses while in command at the Eldridge Street Police Station, was continued in the Jefferson Market Police Court yesterday. Prof.

Morris Osowskl of Kl East Seventieth Street physical Instructor In Public School No. a. In Rlvington Street, between Forsyth and Eldrldge Streets. said that since -jthe recent agitation, conditions were Improved at least on the sidewalks of the precinct He had never been In any of the houses complained of. Samuel Walkuff.

a young clerk of IftO Orchard Street, had been In many of them before the charges were made. He said he went to get evidence to Ue if occasion aroae. Booth. stenographer of 111 William Street, described as a missionary in the Rescue Army, told of visits to the house In Herllhy's time to aid Inmates to a better life. Aspistant District Attorney Clans submitted several written complaints, some of which were anonymous, which had been sent to Headquarters during the same It is perfectly clear "to my mind that there is sufficient testimony here to make proper for me to issue a warrant," said Magistrate Cornell, as the hearing drew toward Its close.

He suggested briefs from both sides, and this was agreed to. He set June 3 as the date for hearing the briefs. He. will then be sitting In the Harlem Police Court WOMAN ACCUSES POLICEMAN. Says He Treated Her Brutally When She Objected to His Kicking an Old Woman.

Mrs. Bertha Cohen, twenty-five years old, of 102 Leonard Street, Williamsburg, wife of ex-Alderman Louis Cohen of the Sixteenth Ward, was arraigned yesterday In the Ewen Street Police Court on complaint of Policeman Helllngs of the Stagg Street Button, who charged the prisoner with Interfering with him In the performance of his duty. Mrs. Cohen is a woman weighing a little over 100 pounds, while Police, man Helllngs la nearly 6 feet In height and weighs over 300 pounds. According to the story told by Mrs.

Cohen, she was doing some shopping with her mother Wednesday afternoon, -when she saw Policeman Helllngs kick an old woman in the side because she had refused to move on. The old woman, Mrs. Cohen says, was standing at Manhattan Avenue and Moore Street at the time, and fell to the sidewalk from the assault When Mrs. Cohen remonstrated with the officer for his brutal conduct she says Helllngs placed her under arrest and wrenched her wrists so severely that she screamed with pain. Her mother tried to drag her away from the policeman, and during the scuttle Mrs.

Cohen's waist was badiy torn. Protested against the officer holding her wrists, and alleges that he finally struck her In the breast and then caught her by the neck and choked her cntll the crowd that had gathered threatened to Interfere unless Helllngs released his grasp. The excitement was so great for a time that the reserves were called out from the. Stagg Street Police Station and dispersed the crowd. Mrs.

Cohen was represented in court by a lawyer and had several witnesses. She demanded an immediate examination, but Magistrate Voorhees adjourned the hearlnc until June 8. It is probable that case will be taken before Deputy Police Commissioner York. Policeman Helllngs, in speaking of the case, said, that he was walking along Broadway, when he noticed the peddlers obstructing the street Ha told them to move, when Mrs. Cohen, whom he did sot know, came up to him and cried: You dirty big loafer, you ought to be ashamed of yoorself." He told her to move on or he would arrest her, when he alleges she defied him.

He then arrested her and started to the signal box, when she fought him like a wildcat. EXPERTS AT KENNEDY TRIAL BjvsaBSssBissM -1 Whole Day Taken Up in Their Exam nation of the Handwriting Exhibits. The pointing out of similarities, visible to the expert eye, between Samuel J. Kennedy's admitted and disputed writings took up the whole day yesterday during the Beaten Island dentist's third trial for the murder of Emellne C. Reynolds In August, 18L8, before Judge Newburger In General Sessions.

Paying Teller of the Garfield National Bank said he thought Kennedy's admitted handwriting and the 8. J. Kennedy Indorsement on the back of the fl3.00u check found on the dead girl's' body and the Maxwell wife" memorandum found in the room were quite alike. He then occupied all of the morning session with his reasons for so thinking. Lawyer Moore of the defense made Teller Weekes admit that there were some dissimilarities also In the handwriting.

in the afternoon Expert Tyrrell of Wls-conriii with a chart made a few demonstrations with a illustrating the alleged similarities between the writings. The jury brightened up perceptibly at this, and took much interest in the- cardboard photographic reproductions of the checks, with which each was furnished. They carefully scrutinized the checks and tried to follow the explanations of the experts by means of powerful magnifying glasses supplied by the prosecution. alter Crook, the witness who testified on the second trial of Kennedy that the latter was not the person who dined with Emellne C. "Reynolds on the day of the murder.

Is missing. The defense hopes to find bim later. The handwriting experts will give some more testimony to-day. JO SECURE RELEASE OF BEN ALI Lawyer for Arab "Frenchy" Says He Haa Proof of His Innocence of the Murder of Old Shakespeare." Another attempt to secure the liberation of Ben All. better known as French y.M-the demented Arab ten years ago, was sentenced to life imprisonment for the murder of an aged woman known as Old Shakespeare," is being made by Ovlde Robillard.

a lawyer of 25 Pine Street, who says he has forwarded to Oov. Odell at Albany an affidavit made, he said, by a prominent man, containing evidence In favor of the aged foreigner. Mr. Boblllard refuses to make known the name of the man who made the affidavit The affidavit, however, be said, after stating how the affiant came to employ on his place a laborer named Frank," whom he had secured from Castle Garden, relates how on the morning after the Shakespeare murder he werit to his barn, and there was warned by one of his help not to go near the man Frank," as the latter had been out all night and was asleep, having acted exceedingly ugly. Five or ten days afterward, the affiant says.

Frank left hjs employ, and upon sending a servant Into the man's room to clean It up, the girl returned bringing with her a key of an East JUver Hotel room, the place where the murder occurred, the number on the key being the same as that of the room in which the woman was killed. Besides the key, a bloody shirt was found. The affiant, according to the lawyer, then goes on to say that the man Frank was apparently a sailor, and that he spoke broken English. He was of a sullen disposition, and altogether a dangerous customer to handle. The affidavit next explains why the affiant did not appear sooner, the reasons being that, in the first place, he disliked the publicity; in the second place, he feared that the man Frank might appear to take revenge on him.

and finally, because he thought from what he heard of the suspect that a miserable old man of his description ought to be as happy in a prison, where he was well taken care of. as he- would be out or it Also he had come to the conclusion that Frenchy was a dangerous character and deserved to be locked up. Besides this affidavit Lawyer Robillard says, he will produce several others. The connection of Lawyer Robillard with the case of Frenchy dates back to 187. when, at the request of the French Consul in this city, the lawyer interested himself in the case.

ALBANY, N. May 23. Inquiry wa made at the Executive Chamber to-day concerning the renewal of the application for the pardon of Ben All. It was stated that no additional papers have been recently submitted to Oov. Odell.

Two weeks ago Ovlde Robillard wrote the' Governor that he had additional proof of the man's innocence, and desired a hearing to lay It before the Governor. In reply to the. request Gov. Odell wrote that he would prefer to have the evidence submtttted In documentary form. After an examination of It he would determine If a hearing was necessary.

No papers have yet been submitted. W. MARKS SEEKS VINDICATION. Wanta to Tell Grand Jury About Purchases of City Supplies. William L.

Marks, whose name has been mentioned frequently as a middle man who could secure choice contracts for sup-piles from the Fire Department when no one else could, called on- District Attorney Phllbln and Judge Warren W. Foster yesterday. Mr. Marks was seekir.g vindication. The morning papers had published already that this.

Grand Jury would not investigate the purchase of supplies by city departments. Nevertheless, Mr. Marks went to Judge Fofter. who has charge of the Grand Jury, and told him that he was anxious to explain things. A wrong construction had been placed by the newspapers upon certain transactions, said he, and he desired to give the widest publicity to all of the dealings he had had with any city department Judge Foster advised him to see District Attorney Phll4 bin.

He did so, but wouldn't say anything aoout what the result of the conference waa. Mr. Phllbln was equally reticent. The District Attorney will present in all probability the question of an Investigation to the June Grand Jury. NEW CLUBHOUSE PLANNED.

Ancient Order of Hibernians to Erect One on Fifth Avenue. The Ancient Order of Hibernians will erect a modern clubhouse at the northeast corner of Fifth Avenue and One Hundred and Sixteenth Street, on a plot 100 by 110, which the society has Just purchased from the estate of David Wolf Bishop. The price paid for the land was about $80,000, and the estimated cost of the new clubhouse la 120.000. Several architects, Including Horgan lattery, have been asked to submit plans, and there will be a meeeUng to-night, at which It Is expected a final selection will be made. The work on the structure will be begun at once.

The first floor of the new clubhouse will contain a store and a small meeting room: on a meszanine floor there will be offices. Uk1-' nu a gymnasium. A ballroom, with a floor space about 75 by H0 feet, will occupy the greater part of the second floor. Above this there will be six lodge rooms, while arrangements will also be made for a roof jgarden. The Trustee and Building Committee of the order are President P.

J. McNulty. Secretary P. McEvily, Treasurer Harry McGee, John O'Connor, and Dennis Hamlin. Soldier Wins Suit Against a Railroad.

Joseph F. O'Connor, a member of the Sixty-rlnth Regiment, secured a verdict of $7u0 against the Louisville and Nashville Railroad In the City Court yesterday. O'Connor was one of a number of members of the regiment who were Injured In an accident on the railroad while the regiment was returning from its service In the Spanish-American war. in three cases growing out of the same accident which were tried pievlously in the City Court the highest verdict given against the road was for 1.TU. There are 27 more cases of members of the regiment yet to be tried.

Proposed Permanent Exposition Site. A report to the effect that many business men of the city had united to establish at Cassanovia. Just north of the Harlem Riv er, on the Sound, an enormous permanent exposition reserve, where there would be a great fair In to celebrate the completion of the subway and afterward other fairs, was stated Yesterday bv Aunut ui- mont to be simply a likelihood. it's mere- alt I don't care to talk about the olan. except to say la being considered, nothing more.

18th Blrthhay of Brooklyn Bridge. To brid the difficulty of keeping your boy boyish, give him tmabr Mged freedomgive him the loose, comfortable sailor blouse suit. Strong trimmed quietly or gaily: em- fcroldered simply Delicate cream or elaborately, from S4.S0. white worsted, middy trousers. blouse, laoed yoke front $10.60.

Between those a good looking rices every material that makes MJlbr blouse suit In tans, reds. browns, cadet bit as, and grays. Everyth ng boys wear any- "where, from the necessities to for head, hands, the luxuries feet or body, Men tool Rogers, Peet Company, 2S8 Biwdwir. dr. Warren.

and and Warren St B68 Broadway, ctr. Prince. 1260 Broadway, cfcr. 82d, and Wtt S3d St "We fill orders by asall. LEGAL NOTES.

TTlTflTTON wo A Tfnli 1 Til imnvfl roa Tort. Jajmes Tilly, after obtaining Judgment for tlamages for a tort against the Beverwvcli Triwlnr rVimnsnv art A Ota return of executions unsatisfied, brought a suit in equity against Samuel D. Coyken-dall to charre him nersonaJlv with th nav- ment of the Judgment against the towing company, allei tng that at the time of the commission ot the tort, and at the time of the recover of the Judgment Samuel D. Coykendall was doing business under the name of ie Beverwyck Towing Company, and wa i the sole owner of all Its stock, bonds, easels, and other property, having purchi and subsequently paid for the tome i 1th his own money; that he was In sole of all Its vessels, operating the same for his own benefit and gain; thai he did not pretend to keep up the corport le organisation of said company by elect! in of officers, directors, and. Indeed, uld ao have done so, as he alone owned 11 the stock In a word, he was the comjw ay." It was further alleged that the sumin Lns In the action against the towing compai was served on Coykendall as President and that he defended that action by an a itorney of his own selection.

A demurrer the complaint was yesterday sustained by Justice Scott at Special r.nX5 l.he Supreme Court He holds that plalnUff Is no entitled to equitable relief. tf facta i re as alleged the plaintiff had. and perh ips still has. a right of action at law agunst the defendant upon the same grounds jpon which he sued the company. Bella was placed upon cases which are autl ority for the proposition that a Judgment 01 decree may.

under certain circumstances, operate as res adjudicata against person i not formally parties of the record. (Louis ttlle and Nashville RR. vs. Schmidt 11, 30; Interstate Tel. Co.

vs. fe. Tel M. Fed. 51.) Justice Scott says: Neither of these cases, howevei is authority for' the maintenance of a si lit of equity for the recovery of damages fo tort.

The one case was tn action to reac specific funds, pledged to the payment Interest upon bonds, which funds thus Itn ressed with a lien had come Into the hanc of the plaintiff in error. The other wa i a suit in the nature of a creditor acti wherein was sought to follow into thi hands of the railroad company moneys vhlch, in equity, were applicable to the i lebts of the telegraph company taken the railroad company with knowledge of he equitable claims thereon. As has been si id. it is not contended in the present case tl it the defendant holds prop-T. th? tnwlng company, as Truste-.

either for it its creditors, which ought to be applied to th payment of the company debts, but the claim is that there' was no com pa uy in fact, and that the defendant himse was the owner of the tow-boat and the mployer of the negligent ser- i i tiii cuon. tnererore, the plaintiff khould have alleged, as lie did In the 'action in the City Court, negligence by defe lans servants in the handling of the Uw. Possibly in such a case the Judgment the City Court might have been used as conclusive evidence against the defendant upon the question of negligence on the i art of his servants and upon i s.to he amut of damages If plaintiff co lid show that defendant although not a nominal party to the City Court action, defended It bv employing counsel, payli costs and expenses, procuring wltnesjes. and doing those things which are us lally done by a party The authorities or which plaintiff and many others uhlch might be cited, go r.o further than this. But even If the Judgment could used as evidence of a fact Proven in order to establish the defer I liability, the complaint to be suf flcie it must allege the existence of the fact 1 Ids It falls to do." Recovery Wagers.

David A. French matched his horse Ellal T. against the horse of anot! ir for a race over the Ice of the Raquette Klver. The stakes were $100 a side. The stakeholder was Herbert I Mattheson.

ai he thought so well of the qualities of Fi ench's horse that he took $25 of that side the bet, so that the risk of French amoui ted only to $75. At the race French becar disgusted with the treatment of his 1 orse by the Judges, claiming It to be unfair and asserted that the handicap of a sun with his horse several yards In the rear as not a risk which he assumed by th terms of the wager. In an action by Fre ich to recover from Mattheson the $75 iich he put up on his side of the bet, the statute avoiding all wagers bet i a race, and authorizing recovery of dei site from stakeholders, the defendant set up as a defense the forfeiture to the people of any sum so bet, as provided by Sec ion 352 of the Penal Russe 1 at the St. Lawrence County Special Tei decides that this is no defense, the foi (elture being enforceable by the people on ly. Justice Russell says that the provision of the Revised Statutes, giving a bettor i he right to recover back the amount he ha deposited with a stakeholder, was desigi id to- make the other section of the stant4.

declaring aU bets and wagers void, effective as a deterrent by giving to the defeated party the right to recover the a nount he deposited: thus exciting pecunii ry cupidity to overcome a reluctance to i iolate the gambling code of honor, and tl us expose each party wagering to the loss of the money won, byalr means or fou and also the stakeholder to the risk of lo it ag the sura paid over to the successful purty. It may well be," continues ustic Russell, ''that the statute had a furthei object In view. Oftentimes such wagers were made by men unable to pay their owr debts, or those with dependents banging upon them, who needed the sum wagered for their sustenance. In the one ease cre tors, by proper proceedings, could reach he sum passed over, and In the other the Influence of needy ones might compel afflm atlve action by the loser for Its return." Tmx to I hopsrtt TnjtNsrKRHKO. Justice GUdersl ere yesterday excused the Mutual Rese-ve Fund Association from further examination as a third party In supplemen ary proceedings instituted by Charlotte Zai now, a' Judgment creditor of the Northwe ttrn Life Assurance Company.

The elimination was with respect to certain pr perty now In the possession of the Mutull Reserve, and to which It claims title, put which formerly belonged Infants' Outfitting Dept. 2d Floor. -x Y' Nainsook and Gingham Dresses, Trith round or square yoke. Finished with embroidery or lace. Sizes 6 months to 3 years, -l-c.

50c atod 75c "Long waist and short skirt Dresses, -made of white lawn, pink and blue gingham or, dimity. To be worn with or without truimpes. Sizes 2 to 4 years. i-'C 95c. and $1.75.

Hand-made, Imported; Oulmpes. Sizes 1 to 4 years. 65c. to $1.25. James McCreery Twenty-third Street.

A NOTE OF RED. Our newest verandah designs are the personification of oddity. To verandaha surrounded with greenery, our sealing wax red wood or reed gives a delightfully gay and vivacious contrast, made in quaint and. picturesque swings, colored ropes, chairs, tuckaway. tablea, muffin stands, $3.25.

To cool parlors, "red enameled reed chairs and divans, cushioned with all the newest stufs, impart cheeriness and welcome. To rooms anywhere odd chalra and tables, tinged with the richest tints, give a piquant accent. If you "sUIV OtfTHC MAKEV C. Flint Cos 3 "5 amo 47 nvt Umtt HtA. PAD WAV, svaeveejv 13156 wuTrttSTftXt to the Judgment debtor.

Gilder-sleeve says: "The rule Is that the Judge cannot in supplementary proceedings, determine the title to property which has been transferred by the Judgment debtor to a third party, and of which property the third party claims ownership. Such a question should be determined In an action brought against the third party bv the receiver of the Judgment debtor. (Teller vs. Randall, 40 242: Bank vs. Pugstey.

47 N. 808.) It seems to me that the Mutual Reserve Fund Life Association has set forth in sufficient detail the manner in which it became possessed of the property in question. If the Judgment creditor disputes the title of the association she can have a receiver of the Judgment debtor appointed, and an action commenced by such receiver to recover the property." MAN CHASED BY STEAMERS. Crews Thought a Bather. Was an Escaped PrisonerCaptured After an Exciting Hunt.

As the little steamers Fidelity of the Charities Department and William L. Strong of the Correction Department were passing Ward's Island side by side on their way back from Hart's Island yesterday afternoon, off One Hundred and Thirty-eighth Street, they discovered, simultaneously a man swimming lustily In the same direction in which they were going. Helms were thrown over and the steamers bore down on him at full speed, each crew eager for the honor of recapturing the supposed escaped convict or lunatic The boats whistled and the deckhands shouted, but the man fairly walked through the water with swift overhand strokes. When the steamers drew the Fidelity put out a small rowboat with Edward Crawley, one of her men. In It but the fugitive drew away In the direction of the Strong.

Then Michael Burke" of that vessel's company, who wears many medals for swimming and life saving, rapidly divested himself of most of his garments and plunged In. After a fierce pursuit, which carried both men opposite to One Hundred and Thirtieth Street he reached and touched his quarry. Instantly the man dived. Burke after him. Both had to come up for air at the same moment and faced each other as they reached the surface.

Seeing the steamers and the rowboat some distance away, the stranger began to tread water. There was a look of relief on his wet face, however, as he said: What the devil do you want? "I want you to get on that boat" said Burke. Words were few In the water, arid the Strong drifting near, the stranger was helped up the Bide. Then It was seen that he was in proper bathing dress. He said he was Francis Brady, employed In 'a big packing 'house at Third Avenue and One Hundred and Twentieth Street, and had been working since 4 o'clock In the morning.

He said that the day was so hot that he had gone swimming after his labors. He had no Idea the steamboats were after him, he said, but was in mortal fear when he saw them coming his way that they would run him down, and thought when Burke tuched from behind that one of them was upon him, and dived to save himself from the propeller blades. The Strong landed him at the workhouse pier, where ne was detained for.two hours until every adult male Inmate of every island Institution was reported accounted for. Then they knew he was telling the truth, apologised, gave him a coat and trousers to wear home, and set him on the city shore. TO CARRY AN HISTORIC FLAG.

G. A. R. Post on May 30 to Bear Colors Made Famous by Gen. Dlx.

John A. Dlx Po.t iXL oat? tk headquarters at Madison. Avenue and Ftfty- xunui street, win carry in the parage on Decoration Day a flar that haa a. hi.tnrv William M. Abbott and John T.

Abbott, the tatter or tne Fifth Avenue Hotel, yesterday obtained a promise of the use of the flag gan Dlx. juftt oerore the war it flew over the-Custom House at New Orleans. Before Louisiana msmAmA tfiaM v. nMA -m down the flag. This reached the capital.

The Government officer In charge received a. message that thrilled the country like a American flag, shoot him on the spot." The colors were not lowered then. The smm ie uriseu piece of bunting. WAD MAN WITNESS MI8SINO. -S-SBBSBBaS Inquest Forced to Adjourn Until He Can Be Found.

The Inquest lntn the death at TT-i-K-r. Wadman, which has been proceeding xor several aays before Coroner Zucca, was adjourned yesterday indefinitely on the motion of Assistant District Attorney De-laney. The adjournment waa taken because an Important witness was missing and It is not known how soon be can be found. The Witness is John Sullivan, tw s-Tltw VMM ff age. who formerly lived at 1.168 Second Avenue.

He was a patient In the Manhattan State Hospital and was in the same ward with Wadman at the time the Utter died. fllllllvan la malA J- showing that he could throw much light missing for the last three weeks and his buuiw, wi wnom ne uvea, aoen not know where he Is. it is thought tbst he may have been commit tad to the workhouse under another name a he was a drinking man. The police will search for htea. Upholstery Department.

4ta Floor, Orders taken for Furniture Slipcovers, Wi ndow Shades and Awning's. Draperies, Lace Curtains and Rusts cleaned and stored. A Casteaaera are requested tm talc elevators opposite wester ea-traaee-fer Ipholstery sua- Bag; d-artmeats. James McCreery Twenty-third Street. WANTS $50,000 DAMAGES.

Man Accused of Selling Bad Notes Sues for False Arrest. I would not swear to my own signature after the Ink was dry On It It has been forged several times and done so well that I could not discover the difference between the forged signature and one that I had written." This answer was made yesterday by Arthur Kenney on the witness stand before -Justice Dugro In the Supreme Court. He had been asked to Identify certain signatures which were supposed J. hve been written by himself, and he Mr. Kenney is suing Benjamin L.

Lud-ington tor foO.OOO for false arrest and imprisonment It appears that In- 18U5 Mr. Kenney, who was In the wholesale shoe business, sold certain notes to Mr. Ludlng-ton for r2.au. These notes were given to mm by customers In the shoe business. In September of the same year Mr.

Ludlngton had Kenney arrested, claiming that the notes were worthless, and that Kenney had obtained the money fraudulently. This case was dismissed by the City Magistrate before whom Kenney was taken. During the next Spring Kenney was Indicted by the Grand and on Investigation by the District Attorney's office this Indictment was dismissed. As a result of these proceedings the action for damages was Instituted. Mr.

Kenney closed his side of the case yesterday, and the defense will be taken up this morning. WHEELS CAUSED HIS SUICIDE. They Would Not Revolve Perpetually, and So Syrian Student Shot Himself. Baffled by the problem of perpetual motion, to solve which had long been his ambition. Basel Saheb.

a young Syrian student at. Columbia University, committed suicide by shooting himself In the left breast with a revolver. In his furnished room, at 131 West One Hundred and Eleventh Street early last evening. Wheels that would not revolve and mechanisms that would not operate, at least without the application of external force, were scattered about the room in goodly variety, for he had money to follow the phantom hobby on which he had set his heart, Saheb was the son of Abdallah Saheb, a merchant of Aleppo, in Tripoli, Syria, and remittances came to him regularly through the mails. He was twenty-four years old.

and came to this country three years ago He left the house every morning and returned at night to pursue his studies In one of the technical schools of the university. Of late he had grown more and more despondent feeling that his limited knowledge of English kept him behind the others In hir. studies, and a short time ago fle-plared that he had given up hope of ever inventing a motor that would of Itself evolve its own power. His work showed cleverness with tools. He has an uncle and a cousin in this city, who will bury him.

STEAMSHIP PROBABLY LOST. Bottl Found Off 8cotch Coast with Message of Shipwreck of the Croft. Simpson. -Spence Young, agents of the Arrow Line In this city, yesterday learnod of the finding of a bottle at Granton, Scot-' land, containing a message stating that the steamship Croft had perished In raldocean and that all hands were lost This Is the first Information concerning the fate of the Croft received by the agents since the tof lla Port forLelth on Jan. aa.

In charge of CapAV. F. ltnd. The Croft carried a general cargo of merchandise and a crew of twenty-seven men. The vessel was considered to be a stanch one.

Several days after her departure Incoming vessels reported a terrible atom raging on the Atlantic It Is believed that the information contained In the measace found In the bottle la correct JURY FOR BARKER TRIAL Judge Btalr Select Ninety-clx Men from Which It Will Be Chosen. Judge John A. Blair, in the Hudson County Sessions Court at Jersey City yesterday, handed down a list ot ninety-six names of persons from whom will be selected the Jury that la to try Thomas G. Barker for shooting the Rev. John Keller at Arlington, N.

on Feb. S. One list was furnished to Prosecutor Erwln and another to Albert C. counsel for defense. Mr.

Erwln to strike the Jury at once Mr. Wall said the defense would ivill K1 rht to five days' delay udfBJaU" th ease downTfor iiext Wednesday with Instructions that the ttonnu! tven OUt tot ubUc- To Compete for West Point CadetshJp. Ex-Judge Henry M. Goldfogle, member of Congress from the Ninth Congressional District who has the appointment of a idt 5 he TJnited. Statea Military Acid.

shlp open to competition among the graduates and pupUa of the schools In hi wl" appoint the one who pasties amlnatlon. The cemtiuUoa will take place oa Tuesday next sKnbcking at Your Door tsTssTssTssTeTsTsTesT to remind you of an opportunity. Whit, is it you need most just ly notD A Sutti-Trousers Hats or Furnishings Here's the dp- portunity to get any or all just right, and an added good thing is that the prices are just tdo, TmnteM putter na and proper aiyle in Men' Butilaem Salt, $14, $16, $z8, $, 94 9S- Striped Flmanet Salt, blae, blmct. grmjr and olirn shades, $10 (of so. Every good style of XOorby mad Alploo BmtM, 9 $3- rfeglltee Slilrt are ready, plaited and plaim front, $1.00 to $3.30 whit and fancy.

v-; 3 BROADWAY Stores Cor. 13th St. The Turf. Brooklyn Jockey 31, June 4, 6, 7. a 10, 11.

14- Six Races Each Day at 2 :30 P. M. SATURDAV. J1AY 25. BROOKLYN HANDICAP, $10, and- r-; EXPECTATION STAKES, Leave BROOKLYN TERMINUS of the BRIDGE, via 5th At.

Elevated, everv minutes. Express direct to track, stopping at City JIaU, Flatbush Av and Mnt bl only. 39111 Brooklyn; Ferry and the Culver Ene, Av.f meTthe3! GREKNFOINT PERRIES. vU TompklB, Leave HAMILTON FERRT. via 18th Bt.

and the Culver line. Music by Lander. Haymaking here for you: harvest of Broken Lines 1 1 To-day in all three, of our stores: V0UNQ AiEiVS i SPRING SUITS $9.75. Were $12, $14, $15, $16 $1SV Plain and Fancy LITTLE GENTLEMEN'S SUITS Were $5 $6. Serges and plain and fancy Cheviots, in Sailor, Russian Blouse aiid Two-garment Suit styles.

Additional broken lines of Men's Spring Business Suits have found their way our 12.50 sale." Reduced from 5 to $0. Smith Gray Co. NEW YORK 8 fOBE, I BROOKLYN STORES BROA DWAV, I Broadwsr a Bad ford At. COR. a 8T.

ynltonSt-A mp: Sell, Rent. Repair nVl and Exchange Ty ewrite Ve sell Tabulating Attachments. Ve sell Typewriter Supplies. We sell Typewriter Furniture. -We furnish Stenographers and Operators.

Can We Sern)e Woti Wyckoff. Savmiviai Benedict 327 Broexdwsvy. Mew Yea TEI.VPIIAV1? araHfatA wa A icnrxr ww 5irnpson, (Crawford 5npson THE "JUDIC" CORSET is the modern evolution of twenty years continual Improvement Its various models suit every type of figure, meet every exigency of dressV TlW JUDIC SYLPWDE" (latest mode!) Is f. ksljaed partkiilariy, for Prlacsn and TaDor Oewas, r'- 9TH TM 20TH f. Review Newsdealersalways Csell out their supplies early.

Tobesure of a copy ORDER TO-DAYe TheNcwYorlaTimes Saturday Cor. Canal St. Near Chambers St, I The Turf. I i Amusements. KMHIRB THEATRE.

Broadwav ft 40ui a Last 8 fclffhts. Xtra Mat. DeooraUoa Dj. 7. Ev'rs st 35.

ItaUnfrr Wed. as Setvdsr. i k.mt,bc DIPL0r.1ACY. 1 111 11 1 GAR RICK THEATRE. 35th St.

B-wul-Evks, Matlneee Wed. ec Saturdkr. CAPT. JINKS OF WITH ETHKL BARAVMORE. i GARDEN THIS A THE, Tfta St.

sY Vadlsoi At. Ev'n. h.X6. KMlnee Thnrsdar aad BatuMsr. JUAST 2 WEEKS.

UMDEB two fugs CRITERION "THEATRE1 44th 8t Ev'e. UaC (Jet. Xtra Mat. Tbvradar MADISOIV THE ATRE24tli 8t, nr. B'n Evrs, Mats.

Wed. a- BsrorxJav 2:11 1BOTH TUCK JVSE 6TH SOL VESla. WILUAM CCLUER I ON THE QUIET. Casaeaiee, Varieties aa4 Ifeveltlea, OtaiTa. DrjJBIIt Paeet, 1 G.

W. Mmmi. st.hr IF. F. The GeTBer he EU ter I err Bretaer, a Spwltiesi''a SStkSL Jlieee'wjaea'e Wama a ethers.

Kteek L'e. fClaerelIa as peaeeL, 1Z9UI Ms l-The Violie Maker." ethen. ISO Artists, HERALD SQUARE Sam I. I Introduce! Tne Lionaoa Comedr aoocesa, HIT THE Sun. World.

Journal. Press. BRIXTON BURGLARY Tribune. MATINEE (as usual. SATURDAY.

(Special.) DECORATION DAT. POUR, WEEKS IN SKATS KNICKERBOCKER TO-NIGKT, TO-MORROW m. KVK. KUw Eriaager Present 8peclal Rvlal, "Merchant of Venice." H. C.

Soodtln. Shjlott; ulm Elliott. MlU' i ui.ai.iuii 4b 91M NPW YHR ar. 45th. 13.

Mat. Wed. Satl IlLTT New Special Vaudeville Feature ssi THIS K.tNCP9 CARNIVAL. Fheaomenal Hit. orETCKERRY BLOSSOM GROYEmat.1: Crrstai Performance Rala or Shlna American as Europeaa Novelties.

Seats Beilluf. EUOU AMELIA BINGHAM COMPAXY Met. Decoration Dar. In Clvde Pitch's Beet Plaf To-'uUriw, THE CLLMBERi Miss Blcgharu's Season Closes Bat. June 1st.

Terrace Garden, fiEQINNINO BATTRDAT. MAT 24 "EL CAPrTAN." W. MANDEVTLLE AND MAMIE GILR0T. DALY'S Daniel Frohman. Matinees sad Deooratlon Dar luAST TWO AVKKKS jSANTOY allf.H Mats.

Thur. a Sat 19. i4HJ9LKCORATION DAT MATINEE. IJENRIETTA I In the Merrjr Play. CRQSMAN 1 MISTRESS NELL V2STHANNUAt.

COMBINED ITfSRCOl.I.KGIATE B'yel CbasUasblsi BRKLT OVAL, MAT 24 TH LiO 35IU. i Tickets at epaldlna-a i Mniiieul aSJ DEEYIroyal Rimi pcnuFRS. THE 'jT lltoward a Emereon. QranjBttrieeqx This "Sunday Kta-ht-Oraad Cuaoert. 85a.

ILAST DAT1, M-AJY I AlK 1 LAST mai. I TO-MORROW. CASINO 1T.m a. a.w Ev.S15.No Mat. This SeturdMv KXTRA MATtNiiH riffVPl 1 n.a...

w.a DECORATION DAT. KEITH'SJw B-war at It ta Bt, I KATH'JI OSTERMAS. AT M. WILLS. ill m.

crkssy Blanche: uavxb. Ar.iEnicAri fig I Mat, dally (eao.pt 6oT Rl Tea Mat. 25o. EvjrJ. BEST VAf DKVILL35 BILL I.t TQH 1 1 It A HILL- THEATRE.

43d Bt. Tif MUnnAI MATIN EB EVERY DAT. J3V This Week-THW MERCHANT OK VBSIC ar.eth Av.Mst.8atJ Mr.CaaeeyLat I I.t Mat. To-nrre- NUcfaU. OLCOTT I sweet laaisearrs.

13 I WORLD tS WAX. ew rrt atVUK Attraetloas 11 PAR1DISS "Gardens Oa the ComblwrtR th. Victoria Repubtlo Tea Opens Kat Moaday. Boa Office Now OP Fastball, Pole Grounds To-4aT. U.

CINCINNATI VS. NW lORiC AdA, Cub Races 000 5.