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

T13E NEW YORK TIMESr TUESDAY. JUNE" 190IX la 1 swmiu is-apasjsaya-aawi mm, EX-HOSPITAL EMPLOYE HOW FACES A JURY Accused In Connection with the Case of Louis H. HilHard. Wilton's Alleged Attempt to Secure Perjured Testimony' for the Nrse, Davis Influence Exerted. Charles F.

Wilson, an ex-employe -of Gouverpeur Hospital, In whose behaU powerful Influences have been exerted to re-Yen hla trial, was yesterday arraigned before Justice Fursman In the Criminal Branch, of the Supreme Court, charged wltn attempted euDornauou i imjj- Wilson was arrested on March last. He Vaa charged by Franklin Pierce, then an An-Mar with Attemtt j.ai.m mill. jkuui.v v. 1 ms a inf lO gel joBepn tr MnlwA TC In viuuvcrucur xivntJjuu favor of Jesse R. Davis, then on trial In General Sessions charged with killing Louis H.

HUllard, a Bellevne Hospital Insane patient. Much pressure was brought to bear upon the District Attorney to secure suspension of the prosecution. Mr. Pierce resigned office, and Wllson'a friends be gan to hope. The prosecution, however.

waa turned over to Messrs, ueiany ana Garvan. Ex-Dlstrlct Attorney Da Lancey Nlcoll and John- D. Lindsay, appeared for Wilson. a vv i with Xiuuia XI. ff ww them In the defense.

Indications of future Interesting sessions were found in the questions asked the men from which the jury was selected. Deputy l(tnrll RarVtll WSJlt- ed to know if any of the talesmen knew the counsel for the defense, Martin Julian, or a man named Kaufman, both of whom Tier termed by Mr. Garvan "detective of th. vtatrnnrtiidin RtrMt Railway Com pany. The talesmen were also asked by him if they knew Francis Wellman, who ueienaeo.

tavis, ana wdv ui'i-ney of the same railroad company, Mr. Steckler, on the other hand, wished tn irnnw if th tiiVMmpn were acouainted with anybody connected with the District Attorney's office, the Eaultable Life, or Franklin Pierce. He also wished to know lin Pierce on the verdict of tne Jury In the Davis trial. -Justice Fursman would not allow that question. air.

iau i on iriai uere, tin Bn.ii! Greenberger testified that Wilson had Ssked him to testify at the Davis trial that he was looking: from a window of Gouver- neur Hospital when HUllard was being transferred to Bellevue Hospital. He swore that Wilson sold to him. All vou will have to do is to say that you saw Hllliard struggle with the attendants when they wpra nnftlnir him in ambulance, and that he fell out and struck on his head." He further swore that WiUon gave him an envelope in which were five ten-dollar bills, and that he said, this amount was lust a starter." He gave the money back, he said. Wilson told me." he continued. that I was foolish not to take the money.

'A millionaire is interested in this thing. he said, 'and he doesn't care if he has ta Dena minions 10 save me reDuiauon oi Mr. Nlcoll subjected the witness to cross- examination. Greenberger didn remem ber the date of the alleaed altemDt of Wil eon. He denied that he had ever had any disagreement with WUson, or that he tad ever asked the latter to keep a woman who was worrying mm, away rrom tne nos DitaL The defense claims that Greenberger said in ine presence oi witnesses mat saw what he charges Wilson with telllnr him to swear to, from a first story window of the hospital.

He was there in the company 1 oi nine varron. anouier attenaant, according to the contention of the defense. Greenberger denied this. The trial will L-vnuuue 10-aay. CARNEGIE STORY DENIED.

No Truth In Report, Says Abram 8. Hewitt, that He Is to Give $2,000,000 to Cooper Institute. That Andrew Carnegie had determined to zna.rn.rn large contriDuuona to Cooper Institute was published vesterdav. Tt waa aatri that he Intended that his gifts should in iuuui io some whicn would' be a doubling of the Institution. It was also stated that In view or tne expected donations from Mr.

Carnegie and others, tha lea fnr tha the ground floor of the building would am asaeu tor at the close of the present f.scai year. Abram S. Hewitt, who is the leading spirit in Cooper Institute, was these reports, and he said: There Is not one word of truth in this rf DOM. Mr rmojr(A I. i uireuuuu ui maunr larsre pfta to Cooper Institute.

He gave us that ha Yiari Mn Jr ago, ana we are now using the income on that sum. We rirt nr.) thinly 3 "enuon oi increasing that gift. "It places Cooper Institute In a very ui uiic oucu rcporxs aa this circulated, for It appears that we mi-, utrnegie in a posi tion where he would have to Increase his drtnAtianfl vv wan we do not want to get any in such a way as this. te not true that we have called for of our building. We want to do this aa aoon as our funds wUl warrant, but they do VSi BO rrant a 'et.

The purposes of Llion ar not to supply an office building, but we must have the income aivia uuiu uie tunas at our MwyuMt flu 1CMCTi vcicnAnd ur an CAUUnolUN. Two Steamers and Slaf'Bargeg Filled with Soldier and Sailor Guests' of Mr. Starin. The twenty-third annual eomniimoniarv excursion given by John H. Starin to the veteran soldiers and sailors of New York ijr uju Ticuuij aiiu meir lamiues took Smuj, mo Mtuniun was Dy far the largest that has taken place thus zar ma season.

Two steamers the John II. Starin and the John Lenox with six barges in tow of tugs, each vessel loaded with excursionists. made the trip ud the Hudson River to rnr. est View Park and return Tk Valley Girl, which was specially prepared ior ine neaaquarters Mat on the excursion, broke her walking beam Just as she was Leaminr inrn inn Krurtn tinir A 1 board the officials. She was warped Into twenty-four hours to make repairs the Jew Haven steamer John H.

Starin was Uhatlllltori Tl.fl. horn. V-Il Ltst Tbirty-fourth Street at 8:30 v.ivak. tun ou inner 100 tne Brooklyn delegation, the Curry those from. Jersey City, and the Warren tha representatives -rrm A.I ill mbIiiih nuuo ui reinainaer of the barges and the steamers were re-ouired in ftccnmnriBta rha h4r I lim fmm th.

.11. The headquarters boat called at Governors Island and em braked Gen. Brooke and his staff, and then led the long procession of craft up the Hudson. The day was on of the most pleasant ever scent by the veterans on the water. The Women's University Club.

The Women's University which was organised on March SO, has Issued a circular to women college graduates. About lin members have been secured, and a clubhouse will be rented Somewhere between Twenty-third and Forty-aecond Streets and Fourth and Sixth Avenues, and will contain assembly rooms, restaurant, library, and bed rooms. Tha Board of Managers comprises Mrs. William Crittenden Adams. Mrs.

AVUUam H. Baldwin. Miss Eiu be'b Briags. Miss Elisabeth Caras. Mrs.

William linrjr Hays, Mrs. Theodora Sherwood Hope. Miss Harriet M. Jenckes, Mrs. I-andreth H.

King, Mrs. Arthur L. Liver-more, Mrs. Seabury C. Mastlck, Mrs.

tJeorge Haven Putnam. Mrs. Herbert Parsons, Miss Mabel Parsons. Mrs, Georre Q. Trask.

and Miss Alice Williams. Health Officer Zabriskle Resigns. ALB ANT, N. June 10. Dr.

Daniel Lewis. State Commissioner of Health, today received tv letter from Dr. W. E. John-fcon.

Secretary of the State Health Department, announcing that Dr. Zabriskle, Health Officer at Buff era, Rockland County, where smallpox was diarnosed as Cuban itch, has resigned his of tlce. TESTIMONY FOJJ KENNEDY. Three Witnesses Swear They Saw HI rn on Staten Island at Time of Murder Lawyer Moor ftebuked. More tesUmony tending to Samuel Kennedy's statements regarding his J.

movements on the "night Emellne C. Key-nolds waa am given by several witnesses called by the aerecaq. in Staten Island dentist's third trial yesterday. Judge Newburger rebuk-l Lawyer Moore several times. His tilts with the District Attorney made matters interesting.

Many of the passages between them were bitter. Alfred Wagner, a St George, a hack- man: Thomas J. reniey, mouiw-w. driver, and Edward Burns, a truck farmer. all witnesses at the second trial, repeatea their former testimony yesterday.

They swore. Irt effect, that they saw Kennedy come off the Staten Island boat at St. George about 1 o'clock In the morning oi the 16th day of August, 1838, the time he is alleged to have left the Grand Hotel after the murder. Burns testified that ha passed the dentist on the road to New Dorp, walking along In the direction of his home about 2 o'clock. The hackman said he particu larly noticed the defendant, because he appeared to be drunk.

i 'v Wagner said he knew Kennedy, because he had driven him and four other men to South Beach In 1804. He couldn't remember any of the other men. He denied that "John T. Oakes had put this whole tning In his head," but admitted that he had recognized Kennedy from photograph shown him by Oakes. The latter Is a close friend of John P.

furceii, ivenneuy mu-mate friend. want this witness strain." said Mr. Osborne as Wagner left the stand. We will produce him at any ume, spoke up Mr. Moore.

If you don't we will." said Mr. Osborne caustically, unless he gets out of the State." John T. Fenley said he had seen Kennedy often at Tompkinsvllle several years ago, when the latter was visiting a young lady there. You never -mentioned this before." said Mr. Oshomn shamlv.

was itt "in is7 or lsuo. 1 aiant want 10 onng the young' lady into this, as she's married now." Mr. Osborne objected to Moore's questioning of Fenley on re-dlrect examination, and said the witness would say anything Mr. Moore wanted him to. Mr.

Moore indignantly replied thathe was not suborn me tne witnesses, every minute. I have nothing to say about that just yet," replied Mr. Osborne with much em- pnasis on tne yet. Burns. the croduce dealer, who dlscon erted Prosecutor Mclntyre on the last trial with his bluff and breexy replies, and who was threatened with Imprisonment by Justice Fiirsman, was not quite so Dreesy under Mr.

Osborne's handling, and made a very tractable witness. Mr. Moore, walking around to the witness chair to examine a diagram of Staten Island shown Bums, waa sharply ordered by the Court to sit down. Burns- had caused a laugh wtin shown the diagram by exclaiming: I dunno nothin' 'bout no Jography." Mr. Osborne immediately silenced him.

You may be somewhat of a humorist," said be, but you are not here for fun." I object' to that remark." said Mr. Moore. Sit down. Sir," ordered the Judge. But I Just "Take your seat, Mr.

Moore," thundered the Court. Mr. Moore walked slowly to his seat, endeavoring to protest, but was effectually silenced. He again objected to Mr. Osborne's remark.

The Judge paid no attention to him. I except to your Honor's refusal to give me an objection," said Mr. Moore, reluctantly seating himself, and also to the District Attorney's remarks." Mr. Moore stated after the trial that he had heard of a new woman witness who might help his case, but that he hadn't gotten to her yet. He also said that he would not divulge the name of Kennedy's double unless forced to by the trend of the trial.

The trial will continue to-day. PATRICK PLEADS NOT GUILTY. Presented in Court to Answer to Charge of Murdering Millionaire Rice Mey- ers's and Short's Bail Raised. Albert T. Patrick, charged by Charles F.

Jones with bavin instigated the murder of William Marsh Rice, the Texas millionaire. Pleaded not euiltv to the rhfirs-a nf murder yesterday before Judae Cowinr. In General Sessions. Morris Meyers and David L. short, in dicted for forging the will and several as- slttmmenta nf th.

i perjury, also pleaded not guilty. xt.uix.ti jm. juoore made a strenuous effort tn hiiu V. Kn 1 1 i 'lxed bY Recover Goff at S20.000, i-c. rB noj- proniDiuve.

As-5l Attorney Garvan thought 40,000 would be about enough to secure tne fttfAndanrA rt? 1 A. Moore considered 15.000 reasonable. Judge in 1 uuierence, ana made it an Increase of $5,000. BABYBURNED TO DEATH. Infant Brother Badly Injured They Were Probably Playing with Matches.

One baby boy was burned to death and another, a little brother, badly Injured In a small fire which caused a im nmin tn five-story tensment, 67 Oliver Street, be tween uaa and Madison Streets, at 9 o'clock yesterday mornlnsr. The xhn.n were two of the three of the family of Vln- uu aiaruno. wno plucks geese In the markets. The little boys were left alnn posedly asleep by their sixteen-year old sister, Anna, when she went out to buy some milk. The mntnae A boy In the street saw a cloud of smoke roll from a window of the Martinos' three rooms soon after, and turned in an alarm.

When Engine No. 12, In command of Capt. Michael Slevin, arrived, the Captain started un the stair. lhTO" he smokewhat lvlni on th- o. woe aooui 10 tread SSnLWrln, It.

"itwa. mu years 01a. He banded the child to a man behind rmmedTateJvrp rent; who durin-g The hlrr 1 to Hudson Street Hospiurn remV8 for repoTfed-th h'e broke into the and hora Httio u. rooms to the nfa: bed crediieS wiTs nl he Is of the Are. wiciai record ti3t lame" w're confined to Mar- SnttliL'jff iMfiff wiin maicnes.

WORK OF EDGEWATER CRECHE. Annual Report Shows 10,192 Guests ana Receipts of $3,491.40. The Edaewater rr-h. desl5ned to Provide the speediest bene-fita of fresh air for poor mothers and enfeebled Infants and children under twelve years of aa-e. will on it.

rrounds at Edgewater. opposite Grant'. Tomb. The annual report the iScietS has just been made. It shows thVtdurinJ Summer 10.12 guests vUlted the The financial report of the organisation show that the receipt for the year Ma 1 twits ixi i.

j. After VTV. imu mua ine grounds and buildings Improved somewhat there was Km la ni r.t Inllu -V. i .7 tim.i ic ur jveuoar la v. w.

vmuc, wim orrieea at the CharlUes Building, 105 JEt Twenty- Sammer Readier Xasaber. Saturday Review d.voil ta books for radios will be to.oed oa June 14th. On publ.shed during the last year and a half. Th rwadins matter aalde from the iiwUl (Mtur r- tmmA- la will 1. m-.

i uhv.wune. 9 erisr la adraacs from your Mwi4alr-Adr. Buttoni lg only the last button of a sack coat is not a senseless id. a mere dud ism it has. its rea 3on' in the resultant broad shcaldered effect, the desire for which comes from our presei it enthusiastic love for every tl ling military.1 But lool out In buttc ning; only the last button you generally destroy the balanc the set'J of the coat, becai se it isn't built that way.

Sack suits, $iQ to 532, built as they oufcht to be. Low shoes are the best look ing, most comfortable and most fashionabld 01 snoes. 53.50 anfl $5- Rogers, IPeet Company. 258 Broadway. Warren.

and and II Warren St. D69 Broadway, Prince. S2d. We All orders by mall 1200 Broadway. c4r.

and WetS 33d St. WILLIAM KING RESIGNS. Succeeded as Association President of Merchants' by D. Le Roy Dresser. At the electldn of the Merchants' Asso- elation of New (York yesterday D.

Le Roy Dreser, head mission house the silk and hosiery com-Dresser was unan- lmoualy elected to the Presidency to suc- ceed WUlIam F. Klng, who declined another term, as being no longer able to discharge the duties of th office. Other officers were re-elected. The resignation, on account of Ill-health, of Yf 1111am E. Tif ft, a Director of the association since ita organisation.

was accepted Mr. King made an address In which he reviewed the first elected. work since 1897, when he was serving since. and presented soclation has i ffcrures showine- that the Su re el ved and distributed 753.82 in various charltable movements in that time. Its fcnly debt is one of about 1.000.

which is vanced to fight idue to him ror money aa-khe Ramapo water sohemo. id to wipe this off unless Mr. King offered the publls reimburses him. A vote of thanks was made to Mk King. One of Mr, Dsesser's first duties will be the appointment operate with a 11 ber of Commerce nt of a committee to co-like committee of the Cham- ln the tabulation and an- alyslng of the of New Tork pjubllQ accounts of the City ih the interest of a more economical administration of municipal at- fairs.

Mr. Dresser wSs born in this city thirty- four years ago lumbia College. and is a graduate of Co- tie is a memoer oi tne and a Director In numer- Merchants' Club ous industrial cuk-poratlons. SCARED BY TUNNEL BLAST. It Knocked Cob ing Off a 104th Street Throws Residents House and Into a Panic Residents In th vicinity of One Hundred and Fourth Strei and Central Park West were panlcstiicki about 6 o'clock yesterday morning by i blast In the rapid transit tunnel that shool the houses until the windows rattled.

It aused a heavy stone coping to fall from the portico over the entrance to the ap irtment house at 8 West One Hundred ar Fourth Street. W. 8. Wyse, a tenant the building, narrowly escaped being sti uck by the falling stone. This building iffered more than others, but those acros the street were badly shaken, and it wi noticed that the cement between some of the big blocks of stone was beginning crumble.

In the apart-ments on the fir: floor of this house pictures were throw from the walls and glass broken, while ten nts throughout the house rushed to the ndowa to see what had happened. The big piece stone coping that fell blocked the entrance to the hallway. It was soon remove 1, however, and later In the day a represe native of the contractors called upon those whose property had been damaged, and it it understood they will be reimbursed. Work la now Is progress under One Hundred and Fourth treet, the entrance to the cut being betwee i the curbstone and the high wall of rock that marks the western boundary of Cent: ai Park. So violent have the explosions be of late, that many of the residents be! leve that the tunnel Is being blasted oi directly under their homes.

Instead along the line of the street. Property ownei are now considering what action to ike, as they are losing their tenants rupldly. The contractors claim that the bla which caused the damage and excltemci nt was a very ordinary one, auch as thev have been firing dally, and why It produced such an effect they ara at a loss to ideratand. SAYS HE'S 10 YEARS OLD. "Barney Morrl Attends to His Work In Prospect Pc rk Despite His Age.

"Barney" Morris, who Is employed In Prospect Park, ooklyn, yesterday- celebrated what he si id was his one hundred and ninth btrthdaj The oil man observed the day, as he ol serves every other day but 8unday, by a tending to his work In the park. His du there la to gather up bits of paper thrown about on the grass by Visitors to the pa Barney lives ti his son-in-law at 842 Fulton Streets Ac ordlng to his own story of his life, be wa i born In Central Port. County Cavan. Ire and. June 10, 1792.

He came to this com try seventy-nine years a go, when he was a mere lad," and for forty-nine years a drove a coach. For. many years he hi worked In the park. Itarney tells some tales about his life and his experiences wbl L-h make the adventures of Baron Muncha isen appear tame and commonplace by co pari son. He reeled off a lot of them yesterday, much to the wonder and awe of ti many Brooklyn folk who stopped in th; park to have a talk with him about hii birthday.

I'm not as spry aa I was eighty years ago." said Barney when asked how be fnit. In those da: I could Uck any man In America, and there weren't any half dsaen men In Bro jklyn who would dare tiickle me togethei I could Uck any of mrm, iignima, wrestling, swimming, or Jumping. But rmlgetticg along In years aflflW1 1 a R08ALIE D0D6'8 BODY FOUND. Picked Up In ths Bay Near Place Whsrt Her Mother's Was Discovered. 'The body of RoaaDIe Dodd, the' six-year- old daughter of Johh H.

Dodd of 154 East One Hundred and ighteenth Street. Man- htittan, who disappeared wlth her mother. Catherine Podd, on May 80, was found In the bay at the fool of Forty-fifth Street, The hodv waa' Brooklyn, yesterday moved to the Morgvle, where It was Jdentl- nea oy jar. Mrs. Dodd left 4me with her "young daughter on Memo she intended to ins either of them was saying tnat SO a calL -No traea nf ffund until the drowned Was Dlcked un at tha body of the mother root oi Atlantic Tuesday morninsr.

Jvenue, Brooklyn, last neueved that the ted. threw herself and mother, while demed the child into the river. Suit Dept. Short skirts, -for walking-; golf; or general Tourist wear, made of reversible cloth.Oxford grey and blue, iM $5.00. 'yy Black, Oxford grey i and bine, it'P S7.SO.

Mohair, blue and black, i White Pique 1- $4.25. Linen, $3.50. Remaining stock of tailor, made Suits, 31 aterlals include light I cloths, che Yiot, Etamine and Mohair, at a out one half former prices. James McGreery Twenty-third Street." BLl'E SERGIJ COAT AND VEST, 7t4 Mkeleten, Vmnt Color, Wort. Benson, next to Keith's.

00 B. 14th Bt. TO APPEAL TO GOV. ODELL Attorney Steinhardt to Ask Removal af Commissioner Murphy for Alleged -4 'Persecution of Louis WaldronJ Louis Waldron, proprietor of IJttle Coney," at 216 West One Hundred and Tenth Street, who was arrested several times by the police on various charges, has assumed the offensive, and Is going to fight the entire police force, and ask the Governor to dismiss Commissioner Murphy for alleged hounding and persecution. Waldron was In the West Side Court this morning, and won a complete victory over the police.

Central Office detectives had charged two of his waiters with violations of the excise law. Sunday they arrested Andrew Jaeckle and 'Charles Thompson, waiters, for selling liquor on Sunday. The men were arraigned and discharged promptly. Magistrate Meade refusing to listen to the evidence of the prosecution. Assistant Corporation Counsel Terence Farley was present to sustain a complaint of violation of the excise law.

When Jaeckle was arraigned, Mr. Farley said: "Detectives Corrlgan, and Duane made this arrest, and they are here to testify that they "went Into the dance hall Sunday and purchased "Mr. Waldron has a hotel Interjected Attorney Steinhardt- Did the officers eat at the time? Did they order food arjd pay for It with their drinks?" asked Magistrate Tes," admitted Farley, but the food was forced on them by the waiter. It was a mere subterfuge to evade the law." Judge Truax." continued Mr. Farley, "has decided that action of this kind by the holder of a hotel license Is an evasion of the law." I don't care what Truax said or decided," said the Magistrate.

I have the facts of this case before me, and have to decide it, not Judge Truax. Clearly there is no case against Waldron's employes. He has a hotel license, and, according to your own statement, he does not sell liquor except when It is accompanied by food which is paid for. Ton have no Attorney Steinhardt was Indignant at what he called police persecution of his client, and said: Commissioner Murphy and his subordinates have been persecuting my client, Mr. Waldron.

maliciously, for a long I filaced the matter before Mayor Van Wyck a a lengthy communication several days ago, but he ignored the -matter. I shall now go to a higher court. As soon as I reach my office I shall draw up charges against Commissioner Murphy for malicious persecution and forward them to Gov. Odeli, with the request that Murphy be dismissed from office. I don't purpose to permit him to stay." Replying, Magistrate Meade said that he was cognizant of the course pursued by the police, but thst he was powerless to prevent It, and suggested that the lawyer take his case to higher officials." Attorney Steinhardt, who is a member of the law firm of Howe A Hummel, was sen at his off ices yesterday afternoon, and when asked Just what steps he Intended to pursue, said: "I will draw wp papers giving in full the persecution of Mr, Waldron.

It will contain names of places run as Waldron's Is run. which have never been raided. The papers will be In Gov. Odell rt hands by Wednesday. Very wisely the law provides that the Governor have the removing power as well as the Mayor.

As the Mayor paid no attention to my letter. I am going to he- Governor. Why. what Is Kew York coming to when a peaceable, law-abiding citizen can be hounded in this manner? We might as well call It Mur-physvllle, and drop the old name of New York." "Whatever was done yesterday In the matter of Waldron's place," said CommU-sloner Murphy, "was done on the advice of the Corporation Counsel and the District Attorney. I gave no special orders in regard to arrests at Waldron's." PRISONER'S WATCH STOLEN.

Was in Court Pen with Other Prisoners Thief Could Not Hide It. So Threw It Away. Alfred B. Wilson, who has been In the Tombs for a month or so charged with permitting slot machine to be. operated In hla place of business, was taken from the Tombs to the Court or General Sessions In the company of other prisoners Wilson wore a gold watch and chain which he valued at $40.

While waiting In the court prison pen for his turn to aro up stairs Wilson suddenly discovered that hla watch and chain were missing. He reported the. loss to Capt. McCauley of the Court! Squad, and the Captain caused every man of the prisoners to be searched. Among them were some the Captain knew to.be very expert with their fingers.

No watch could Jbe found on any of them. The Captain waa nonplussed. After all of the prisoners had been led back to tha Tombs it was reported to Capt. McCauley that the water in the lavatory was overflowing. He investigated, and found In the bottom of the basin the missing watch, which the thief had not been able to conceal about his 'person.

LAWYER LATE; CLIENT L08T CASE Refused Admission as Judge Was Charging Jury Asks 'New A motion brought for a new trial of a case tn which Lawyer A. J. Olshel of SOS Broadway was counsel for one of the parties, will test the question whether Judges may prevent an attorney from entering a courtroom when the Jury Is being charged in a case In which the lawyer is Interested: On June 6 Mr. Olshel was appearing as attorney for a servant who was suing her employer for 1430, before Judge Dickey, In Brooklyn The lawyer was late In getting to Brooklyn, and upon his arrival at the court he was refused admittance by the court officer, on the ground that the Judge was charging the Jury. Before the lawyer got In the Jury had retired, and he had bad so opportunity to June iiih'.

Sale Corsets. Corsets in line batiste; sizes 18 to 26, value 2.5; Broadway 20th BL fit 1 Tuesday, June llth. Sik Skirts and Sjb Night Gbwns, Skirts 1 and Chemises, $1,25, I.95. Drawers, 56c, 98c, $1.25. Corset 7 Si .2 $.

Odd pieces in Night Gowns and Skirts at reduced prices. Negligees, in colored and white lawn and dimity, in various styles, $395 to $5,50. Dressing SacqueSy in same material, trimmed with-lace, Silk in colored black and white and black taffeta, S5.85, value $8.75. Odd Skirts (in a variety of styles afld colors), at S8.7S,; r'. very much reduced.

Skirt Waists, in fancy -white material and white lawn, trimmed 1 with Hamburg insertions $1.25" $1.56. In black and white and blue and white striped madras. Lor Taylor Broadway 20th. sum up. The Jury returned a.

verdict against Olshel client. lawWYer row sska for a new trial, alleging that as he was not present his client bad no defense, and bad be been there the verdict might have been different. The potion comes up before Judge Dickey. June 12. MUST NOT, INTIMIDATE JURY.

Conviction Murder Reverted Be-; cause of District Attorney' Charge. The conviction of Archie Mull In January. 1900, In the Supreme Court in Rensselaer County, of the crime ot murder in the first degree for killing, Mr. Lord, waa reversed last week by the Court of Appeals and a new trial granted, solely: upon the ground that the District Attorney la-his closing address to the Jury Intimidated or the latter, through threats and an appeal to their fears. Into finding the verdict they or at least that hla remarks made It a matter of doubt whether he did not do so, and thus make It reasonably doubtful whether the accused had had a fair trial.

The court. Judge lndon- giving the opinion, said that where such remarks are permitted by the trial court without rebuke or dissent, although objected to, the conviction would be reversed, as claimed, the record disclosed that there was no reasonable doubt' of the defendant's guilt. Inasmuch as that was not for. the court, but for the Jury. to.

determine, by a free and Impartial verdict. Judge L-tndon said that the evidence waa ample to sustain the verdict; and the exceptions, other than those to portions of the District Attorney's remarks, did not require a reversal. The Dlstrlet -Attorney, among other things said that a person representing Mull ff.rt2 "a to vote In his lavor: that the defendant's only hope waa to find one Juryman to stick out and bring about a disagreement to save his life; but If there waa a man among them who would be ma pubi'? opinion and 'to the respect of his feltow-cltlxens: who would be gjtful and reckless of his oath, so negligent of the welfare of his family, as to say fh2t Archie Mull did not commit this crime, then 1 am deceived. there la a man that sits In those chairs that is will. Ing to brand himself with suspicion by Bering that Archie Mull did not commft tJil crime, my judgment ot htt character is not Sale of Four Remarkable Values for To-Day's Seiilngv CHEVIOT SERGE SUITS, CoIUrlcss Eton Jackets finished with Taffeta bands new flounce skirt made over silk drop, Also a sample lot of Women's Mohair Suits made in the latest shapes, V-.

9.98 Complete Line of Women's Bathing SuiU 3.93 upward. Sixth Avenue, 20th to 21st Street GARRETS Great Clearing-up Sale. We offer a largs Une ef odd pieces, patterns we do not Intend dapMcatlag. tn Boral Wiltons, Wilton Velvets, Axminsters. Body and Tapestry AT REMARKABLY REDCCCD PRICES.

Rugs Rugs Riigs I Our. stock embraces a most complete raag. from the least Inexpensive domestic to the finest antique. K8W HSrtfCrilS Carpet Slsea), from 9.0x9 ft. to ll.SxlS ft AT ABOUT 1-2 PRICE.4 B.

See the many special attractions Jn oar Fural tare Department! mm Ktiupp co. Sixth Jire 13ta sad 14th Ita. impson. (Crawford Simpson THE; JUDICt' G0RSCT is the modern evolution of twenty years' continual improvement Its various models suit every type of figure, meet every exigency of dress. The "JUDIC SYtPHlDE- flaiot model) Is desljBtd partkularly for Priaccss and Tailor Gowns.

lyTrl ST. TH AVE. 20TH ST i Spring A Summmr might. Rdacd prists. SEND FOa fUCSTRATED CAXUOCIX VariX 18 23d Street New YOTKf 155.157 Broadway Brooklyn 604 Fulton Street $10 Prrteh Fltiitl Coat Paets, TUB PlmcKN DOLUH KINO.

Benson's, 00 E. 14th, next to Keith'a-' at all correct. Don't let It be said, I beseech you, that twelve honest men cannot be found with La the borders of Rens- aala.r Onuntv LEGAL NOTES. 'MsT llurr Hats RxASONaBui Tik to Eoaud Cars. Wil Uam IV ray, while about to board a down-town Broadway oar at Astor Place, took hold of the upright rail and waited for those ahead of him to ret on.

Just as he ftad Ids left foot on the step the car gave a sudden Mr. Pay was on. able to ret on, and so ran along with the car. There was some projection sticking out, obscuring a hole in the street, and Into this hole Mr. Fay fell.

The dlshtlssal of hla suit for damaarea KatM- politan Street Railway Company, was held yesteroay on appeal to the Appellate Division; to be an error. The defendant. said Justice Ingraham, for the court, "was bound tow give the plaintiff a reasonable time -to board the car, and the evidence would have justified finding that the defendant was negligent in that respect, nor do think that the plaintiff wis? as matter of law, guilty of contributory negU-gencew Having hold of the car about to board It. when the car suddenly started, there was presented an exnerrency which required the exercise of judgment to the course to avoid being injured: If to avoid being thrown down by the sudden starting of" the car. he held on to the car to steady himself until he could let go tn safety.

It was cestalnly not negligence as a matter of law. But for the existence of IhinwrkPK.tn? roadway alongside of the track, which he had not observed, he would ir the trench waa caused by -his being draaaed along by the car. It seems to me that the question of contributory negligence was one for the Jury. There can be no doubt that the starting; of the car was the proximate cause of wthe injury. If the car had not started, the plaintiff could have rot Aboard however started wherThe had hold of the car.

and the sudden startlna of the car carried him along with it. an! If he. to avoid falling, kept hold of the car until he could regain his equiUbrlura ia mo.1do,nr by the momentum of the car thrown into his trench, ltras the sudden starting of the car and the motion contributed by the car to the plaintiff which caused him to fall Into th2 hole, from which he sustained the Injury for which he seeks to recover." t. Eotjitt Wili. Enjoik th Sicond Coi.

tcnow Of. a Tajc Theodore V. Jackson, alter paj-lng a tax of $583,25 to the Borough of Brooklyn on a trust estate assessed at $35,000, learned that the estate had been assessed for a like amount la the Borough of Manhattan, and a tax of $620.10 confirmed by the Tax Commissioners, A demurrer to the complaint In Mr. Jackson'a suit to restrain the collection -of the tax Imposed In the latter was sua. talned at Special Term ot the Supreme Court, but on.

appeal the lower court has been reversed, Justice Ingraham for k2 Appellate Division, holdinithitIt Is tlrelv within the prindpUa of eijuitv enjoin proceeding- to enforce the tax. lit saya that the ground taken by the iti below-that plaintiff haiTan Tadeouafa edy at Uw-Ts a doubtful "erbecius. if hi paid the tax the question of Payment would psented. JmUco Hatch In a concurring opinion hss thi. say of the threat of the Tax hnmi? to era to collect the taX- It certalS?" traordinary that a mimlclpatltshojfd be engaged In enforcing a taxuoon nrnniS h'ch concededly the taxVy haI paid.

To compel payment of the ta5 such circumstances: clearly acionable a prodding as bt nlSl aented or Imagined, and the restrain? JPJtT ft ouity hai unlfoFm" Interi posed to prevent the enforcement of an ifl eosseloBable demand, the abn a certain, clear, atuladequ edy 5 v. rr til I aTT I it Mil II. r. I ll'. a fali' VL V- as sis i-----wswaeaBM 1 1 aa mja sw SVaV 1 SEPARATE DRESS SKIRTS inair ft J.

tu. i 1 1 a i lu.iiwiuu wiuc muu) tx sUicnftJ Taffeta; Percaline lined and bound with Velveteen, i SF.PARATP nFCi k-lPTJ kt ctJn fiifl Una rJ KiaZ. wan. vi inn nMi snu jwia WsiStS at Popular IVices. V- As tha mercury climbs up you'll find our acquaintance more and more invaluable.

Cool things full of smartness 7 msanel Coau and Trousers doable duty. buslnMa or loungtng fio to $2af Panamas and other 8traws to keep 'your head comfortable. Low Shoes to lessen the Irritation of bak-inr roadway. Neckwear e00 lB TJndenrsar, Hosiery, And multitudes of Negligee Shirts. In our three great stores.

Smith Gray Co.i HEW YORK STORK, I BROOKLY1I BTOEES. BHOADWAYj, I BroMlirar Bedford A. coH.sisT sr. raitoB8t.anstbuka SUMMER BARGAINS. f- i Our own exclusive' fabrics mad tor fn Tft Tt Vi A -t aaa-n am aImm wwj---.

a-av ylwVa BUM VWIViU characteristically Japanese. a rvi di rnc Were. Kow. 6 9 ft. 7.60 5.00 7.6 10.6 ft.

$11.60 7.50 9x12 ft. $iaoo ENAMELED REED FURNITURE. Drawing-room suites In dainty tints, greens, blues, gold, etc, $70.00 to 60.00. (former rices $72.00 to JLOO.) Armchairs. to $20, (former prices 19.f30 to $30.00.) Divans.

$35.00, (were ft ckc and many other pieces In this cool, reit-ful material now far below even factor, prices, as you fertCtHtUAKa i dM'47rmTf4T ITSrVtra7 STHAv. CoBtln'. 1 NtebeM sad Mrlir i Hole." VirwtiM. a Me 33 KT PreeteiS Bla Meek Aft. Era.

1 Tha vinii. u.l.. lMa.BBflivaJ 5t5f' aad Xm Ea-I gaaenaeau' vwwUm. Ce. lMih St.1 Adveaceres orl 12 Aft Kt.

JiM Wa." late Artists. HERALD 1 sun Bsivn Tne Successful LiondoD Farce. 1:30 P. IJae; Wednesday. AO BUf Comedy Cast.

Tho Brixton Burglary Herald ALL Sua AOBJtH Journal IT World 18 TtiMe A frees GREAT lUnNew 8ecisl VaudevUle Features sn4 TUB KING'S CARX1VA1- Phnomensl H1U T0-K1SHT CHERRY BLOSSOM GROVE- Crystal Covered. Performance Kaln AMSUUCAN AND EUROPEAN NOTELTLci OARRICK THEATRE. S6th St. a Broadwsr. -Ev ga, SS0.

Matiaeee Wednesday Saturdsy. CAPT. JINKS 'Sf Wltlk ETHEL BARRY NOKB. CHARLES enirr-einu vtteitr tad vkohmam-o Lnt i rniim inrsint si. LAST 5 KIQHTa.

8:1. LA8T SATVBpAT MAT. Be. niiA inn, wrdi.T' F.Vjfh WcInedar tt WlDjALI COLUER. ON THE QUIET, A-, Wad.

A Sat. 3:15 rAnAltldt (lass Sclosur. Roof of OAHUKMit. (Fully Proteotod. VletorU an Sun, aisnt.

VaudevUle Cenosrt. nr.iEmcnn Mat, dally ese't Koa-Vo- Feaeelal alter HURTia 5EAM0N'S tout, a BERT COOTK ty- na a. Msta I LOS1 AUISA. wt. a swt.

B-way Wllllana Jt Walter, and Hal pa JoUa-ten-. 14 St. Caruly Del me re PriFfll WORLD IN WAX. Kew JJJ MOIBEl Special Attraetleas KOSTERiEIAL'S VAUIKVllXB BILL IX TOWs HUP PR'S Bona Ktoadlks EW 0 0 tt. Trained AaimaJs.

Th Turf. BROOKLYN JOCKEY at'B Jjrlor Car,) 1:. y. "at. BrooJy lirtuga, via eib Aa.

Eleyswd. Bilauua, Vls nhnnnnl trvrriflNiiiiaf.