The New York Times from New York, New York • Page 14

NEW YOItK TIMES. FRIDAY. JUNE 14.. 1901. 14 THE KEKHEBI'S FIGHT ENDED His Lawyer Sums Up the Evidence and Pleads for His Life.

Declares that No Motive Wat Proved and that Evidence Pointed to An-, ether as the Murderer, Samuel J. Kennedy' third fight for vindication of the charge of murdering Eme-llne C. Reynolds iru ended by lawyer Robert M. Moore yesterday with an earnest appeal to the Jury for the Staten Island dentist's acquittal. Mr.

Moore reviewed at length the evidence adduced by the proses cution against Kennedy; tried to show the State bad proved no motive for the crime, and had absolutely failed to prdve bint guilty beyond a reasonable doubt. "Gentlemen of the Jury," said he, "the State endeavors to show you by circumstances, rather than by direct evidence, that Samuel J. Kennedy killed Emeline Reynolds. In the Grand Hole three years ago. If the prosecution has failed, to do this, It Is necessary for you to go no then reviewed thelden-tliication testimony of tne urarnl Hotel witnesses, and declared It Impossible for Dr.

Kennedy to have been in Staten Island at the lime a dozen witnesses swore they saw him If the testimony of these employes was true. He declared it a physical tm possibility for the defendant to have carried the lead pipe bludgeon In the manner that the prosecution claims he did. Referring to the S13.0UO check, Mr. Moore said: "I have labored long to solve the mystery of that check, and It Is a mystery to me still. The prosecution threw some light on it when they read the testimony of Clark, the dead hat salesman.

Clark swore that a man bought of him a straw hat and. a golf cap In a store opposite the Grand Hotel, on the day of the murder. Clark swore thls man said his name was Kennedy. Would any man desiring to disguise his features, as the prosecution claims was the purpose of Kennedy lh purchasing this straw hat, deliberately go across the street from the place where he contemplated -murder, amd there make known his identity? "If Kennedy did not commit this crime, you will say, who did do ill I say I don'" know, but 1 refer yon to the testimony of Mrs. Annie Melville.

She says that a man resembling Kennedy In build and features, but with a darker mustache, on the day of the murder called at her place of business and inquired about Kennedy's habits. Why was this man making Inquiries? It may be Possible that this person who Impersonated Kennedy in the hat store, knowing Kennedy', habits, went into his office and forced his signature from memory on a check In Kennedy's own check book. This he may have done In order that not only might Kennedy be connected with the crime by means of Clark's" statement, but that on the body of the dead girl the forced check might bear silent testimony against this innocent man. If Kennedy killed Emeline Reynolds, why did he kill her? Dr. Kennedy had no motive for this murder, and -none has been established by the prosecution.

The State says he did It to get the KUWO check back. If so why did he give it to her? The police and the District Attorney have been unable to show Kennedy was in the least socially Intimate with the dead girl. If the check was the motive, the lead-pipe bludgeon la a silent witness in his favor. The check is dated Aug. 15.

IR'iR. the day of the If Kennedy gave her the check he gave it to her on this day. If that be so. then he iade the bludgeon to kill her before he had a motive for killing her. The check was found In the dead girl's corsage after death with some bills and loose change.

The person who placed those bills and that check there was no woman. A man and. a bungler did It. No woman was ever known to carry Change with bills In her waist when she had her pocketbook with her." Mr. Moore here brought in the name of Maurice Mendhnm.

the broker who paid Timeline Reynolds's bills at the Fifty-eighth Street house. Mr. Mendham says." shouted the lawyer. that the dead girl carried a.bag of Jewels huhltiiallv- hmr found on her body. Did she vary from her usual habit on the night of the murder? were nose jewels taken from the dead body by some one who knew where they were carried The "bag was not found In the flat until a week later, though search was made by detectives.

Was it deemed safer to return them to the flat after the lot had rn meshed my client-? How did the ewels et off the dead body of, 'the girl and back to the flat?" haven't yet created a reasonable in your let us go further. If Jennedy killed Emeline Reynolds to get eneck back, why was her clothing undisturbed and no apparent search of her person made for Ar. Moore here turned fiercely upon Mr Osborne, and in explaining why mmef his new witnesses hart fom fnnnni Jestlfy to Kennedy's alibi three years after i iuict PfllU, The reason Is thisi When persons go ''u iw me ueienaant tney are rvTi a VV 'eave it without Insult and indignity being heaped upon them. to a P8 that the methods of the District Attorney have 7 muiejjei, io nest tat about vii" 8. a prisoner The lawyer then showed that the com- iicsei in Kennedy's book of Aui was still in its JJ Kennedy had gone to his home on ih fK 'IT the ticket for iJlir-l bn up.

The iX II gooa on the 12:23 'c urcijreu mat jvenneay state' iiT 'ing noroe -an as to noa oeen corroborated by a dozen reuntab wit kL defendants dear wife has testified before you that she married Samuel J. Kennedy on the 10th of June IStt. This submitted to you Saturday. I wi the sixth annlver-Mr of thm union, you will say to this defendant: Take your wife in your arms, ro hack to your aced parents once happv home, and tell your dearly loved child that ihi vindicated of the awful charge of murder Mrs. Kennedy wept softly as her husband lawyer closed his peroration.

OM his" Vunrrnoewyed'inchrka lVo Wends of Mrs. Kenedy wereslbl rr wives of some of the JtuSS lm the rtroont Assistant District Attorney Osborne will sum up the State's case to-day. A TROUBLESOME ENOCH ARDEN Hoboken Wanderer Returning Home Shoote Hie Successor. Although supposed to have died two years ago. Victor Geraud showed up In West Hoboken last night.

He found his wife remarried, and there was trouble, Geraud shot Ine man. who succeeded him In his wife's affections and then fled. The wound U9' aUhoub-Geraud evidently thought Jt was. Geraud came to this country seven years ago from Bremerhaven. Five years and six months ago he married a girl In Jersey Six months after the marriage he went away and was absent for some He returned, but four year, ago this month" he again left home.

Two years passed without bis wife's obtaining any word from him. and then word came that he had died. Meanwhile she had written to Eugene Seert Hohok SS No word came from Geraud until st llVr.lt,,Kbt 2 P.rr the house" Mrs. Geraud. or Koehler, was overcome nd when her husband came in a UttaUter he found her hysterical.

Koehler 1m came greatly excited, and was angry tX cause Geraud had not remained dead, as they had supposed him. He ordered Geraud out of the house, and Geraud refused to wytng he had a perfect right there and Koehler none. This led to a quarrel and the men fought for a moment, and then Geraud drew a revolver, and. while standing-within five feet of Koehler, fired. The bullet was intended for the left breast, but It entered high and only Inflicted a wound in the shoulder.

Geraud fle-1 then, and the police have not caught hira as yet. The wife Is being cared for by friends, being overcome by the predicament In which she Xinds herself, SCHOOL CHILDREN AS COOKS. Girl from Thirty-nine Public One Show What They Can Do In lha Culinary Line. It looked yesterday to the, visitors to Pub lic School No. at the corner of Oliver and Henry- Streets." aa if the domestic science problems of the city were eoivea.

The school has a model kitchen on the top floor of lu' building, and there the other schools of the city which have domestic science departments gave an exhibition of what the young cooks they have trained could do. Thirty-nine schools In all were represented. There were demonstrations in breadmak-Ing, a lesson In the sterilisation and the paateuration of milk and practical butter making. Invalid cooking: was musixaiea. and bread, cakes.

Jellies, and all sorts of good things were made to show what the girls could do. 1 1- 1 .1. I.MMI II was an aiiraay uuiumuu, morning, afternoon, and evenings The vis itors were served by neat little white-capped maids with dishes they had made. In one room the girls had set a dining table neat ly, and had decorated It with flowers In a neat and tasteful way. One of the most attractive corners bf the room contained the Jelly closet, where there Were preserves of different kinds as well a canned vege tables.

The girls begin as soon aa me iryiia come In early In the season to can and preserve, and next Winter they' will have these things on hand to use In preparing ir iiuwpii in thn schoolroom. In one of the up-town schools there are still standing some of the Jellies of 1897 and as good as they were the day they were made. Taese jellies nave oeen iu i ll for the students. The children are fond of making them, and where their families used to buy their jellies tne gins now put tnem uo for less than half what they used to pay for them. 4V one reaiure oi inc nwm in wnim mc fining table was set was a big green-covered chair with cushions in it.

This chair has been a revelation to the mothers of the girls who goi to the school. It Is simply a little IronlngHable, which costs $1.0. nen the top Is turned back It becomes a chair with a deep box seat. -Over this Is thrown a green denim cover, and there Is an easy chair. In the families of the children they have utilised these table-chairs.

making cushions for them, and In this way turning them into pretty pieces of furniture. 'ine children have been taught that the covers must be of a material that will wash so as to be kept clean and sanitary. The little waitresses looked very proud and happy yesterday. Mrs. Mary E.

Will-lams, supervisor of cooking, was In charge of the exhibition, and the cooking teachers of the different schools acted on committees of direction. The teacher or tne uuver Street school and her girls received the guests. AGED INVENTOR A SUICIDE. Herford, After Working on Perpetual Motion Machine for Thirty Yeara, Became Discouraged. Despondency over the failure of a perpetual motor on which he had worked for thirty years Is believed to have Induced William Herford.

a carpenter, seventy-one years old. to commit suicide in his shop, at 2C3 Ellery Street. Brooklyn, last evening. He lived at 10 Sumner Avenue, but spent most his time in his shop, working over his machine when he had no business on hand. The machine was a curious-looking affair.

Its salient features being two wooden cones Inclined at an angle of about 43 degrees to each other; the point of one resting upon the base of the other. It was planned to work with self-generated pneumatic power. Herford's wife and six children are dead, and one of his sons, a policeman, also committed suicide. The old man of late had expressed a fear that he would have to go to the alms-he use or the hospital, -yet he Tiad many friends One of thes called on him and found him apparently in good spirits. He chatted for a while and then dismissed the visitor, saving that he had some work to do in the rear room.

It happened that but a few minutes later a party of his friends came in. They found the door unlocked and. walking into the back room, discovered the body with a lighted pipe close by. Herford had stretched himself on his bench with a plank for a pillow, lit- his pine, and shot himself through the right temple with a heavy revolver as he smoked. A OILMAN CASE Suit Against Tea Merchant'! Manager Taken to United States Court.

The action of Edward L. Norton. New York administrator Of the Oilman estate. against George H. Hartford, the manager of the various tea stores owned by the late George F.

Gllman. has been transferred from the State Supreme Court to the United States District Court. In this action Mr. Norton charges that Hartford made en tries in the books of the tea company after Mr. Oilman's death.

In order to show mat ne utartiord) had a half interest in the business. The case was removed to the District -oun on an ex parte order signed by Justice Mac Lean of the Sunreme f'onrt Thl order was signed after Hartford had pre- was not a resident of this State, and therefore under the Federal statutes was enlStled to have the case tried In the United States courts. After this order of removal was signed counsel for Mr. Norton went before Justice Gildersleeve. and protested against the removal, declaring that the defendant had not complied with the law, and that it was not transferred within the time specified iS'Jawi Aftef a argument Justice umtrareve ueciaeo mat as the case had been removed the Sunrem Cnnrt a er had Jurisdiction, and that any further iui me murn oi me case to the Rtate Courts must be ars-uoH In T'i.

States Circuit Court. REMARKABLE WILL FILED. In Eleven Words P. J. Hart Disposes of All His Property.

The shortest and most Deculiar will presented for probate, was filed In the Surrogates' office yesterday. -The will Itself Is hardly legible, but th mnv nt with the original read: If God wllla, all for my wife. Mamie Early Hart. PATRICK J. HART M.h Witnesses: J.

J. Miller. Flora Miller. The testator died at 334, FJiat Rnt seventh Street on March 23, 1900. and his will is supposed to be of that date.

According to the petition -accomnanvtnr tttm r-il1 r1'11' consists of in real and Mi in personal property. The widow i Catharine Street wtil written on a sheet Of not nanor An1 wkM a- wove wucu wni XlraL witnesses, that 15e.staJor WM bout die when he 2x-jcuted the document. The testator death." Beside htaVife. OT.wf nlece. "vlng in BrSok: PATENT POLICE BUTTON.

It Was Invented by the Wife of a Friend or commissioner Murphy. Dudley T. Phelne nt 19 South, sneaklna- for Ma ttu v- the new detachable gold-plated button for ice, saia yesterday: Tes. I understand that- the detachable button Which mv w4 i us niTcaiea nas been adopted by the MetropoIlUn police. Uon yet.

otnclal informa-" My wife worked -on the'patent'for nseVu! to all men who cl ui Mn. lAfnai aVe.s,'wA afternoon. MWfc Dtm yterday Chief of Police of Bremen Here. Chief of Police Arthur Germany, arrived in Naw York on th North German Uovd liner Thn morning. Ua comes over on a pleasure c.T iwis lane the prlnHnal (Sties In tha n.

Jr. make an mJlg" In vogue In America duringlu tour it! 17 Bremenforcl organised r. fair, and that corruption unkiiown irl the administration otlu 1,1 R'RMAWAY Becomes Unmanageable on Broad and Crea esHaypc. Four Persons 8eriouslv Hurt nd Ons Horse Killed In a Series of Colli- alons vWth It. looked to some peo le aa though tha days of the cable and i he broken strand had Returnedto Broad at 9:40 o'clock yesterday mornl: car' No.

AOS, north-boimd, stopi ed suddenly cat Fourth and then dashed, backward at full speed, sweeping along everything behind in its course. Th car caught first a heavily loaded dry goo truck and then an enpty delivery wagon af light construction hurled them 5 1th a deafening crash and a rain of spll iters and broken iron against Car No. 1,: "5 on the same Oracle The delivery horse was killed. Many persons were more less'hurt, those most serlotfsly being: APPEL. JOSEPH.

z3 Wet Houston Street, shock and contusions; refu ted to go to a hos- pltai. BROWN, JACOB, 18 years old, of Street, Injury to groin, icalp- wound, end possible fracture of akall. Likely to die: Kt. Vlncmt's HoapitaL LEVT. ISAAC.

38 Tears old Of Pttt Street: Internal Injuries and shocli in -St. Vincent's Hospital. BANOWITCH. J06EPH. 14 unn known, many lef used to as to a bosoital.

I 4 The tnotorman of the calr- which' causeS the mischief was H. of 28 WesY Ninety-ninth Street. When the motors became reversed and the car started backing it had a clear track of abo it, sixty in which tq get vp speed. Th It struck the truck, which belonged To the dry goods firm of J. N.

Lowden A C. of Worth Street. It. was piled higl with boxes. James Logan, twenty-fo ir yeara eld, of 286 West Houston Street; th i driver, swung' his horses from the.

track. They escaped injury, but the truck was pi shed along for nearly a block. wag which Vas next struck belonged to A spel Brothers, cloth spongers, of 258 Can il Street, and was driven by Joseph Appe Brown, who was injured, was riding th htm. The closed car 'stopped the trip runaway in front of U84 Broadway. Its notorman had seen the vehicles bearing down upon him, and had Jumped inside the Icar after setting the brakes and reversing the power.

The delivery wagon closed id like an ac cordion against the front platform. Isaagl Levy, a passenger on the closed car. wasS tnrown from tne rear piatiori i to tne pavement; and hurt. Appei, the wagon driver. Jumped almost Clear "of th wreck, but Brown was caught in the ml 1st of It.

The Sanowltchboy, passing on Lhe sidewalk, was struck by a flying piece of wood. The horse of. -the delivery wag wan also caught in the wreck and horri ly mutilated, dying in a few minutes. As he controller box of the closed car was to away with the platform and the front of the dazzling sheeta of. electric uame shot through the debris, scorching much odwork.

-Tha truck and the open car sUx 1 the shock without damage. Passengers on both cars cried out with terror as the; fled to the street, and an excited crow tulckly gathered. Police Captain Thompson the Mercer 8treet Station; with Sergts. Walling 1 and Tucker, quickly reached the iot, and four ambulances came from 8C Vincent's and New York Hospitals. It was ai i hour before traffic was resumed on the north-bound track.

Fair was placed unde arrest, but permitted to operate the car end o( the run with a policeman at lis side. He was later paroled in Jefferson Market Police Court for examination nday afternoon. NO STATUE FOR DRCUYLER. Brooklyn Pastor Promptly Kfflla Scheme of Friends to' Honor Him His Reasons. The Rev.v Dr.

Theodore L. Cul'ler, pastor emeritus of the Lafayette Avei ue Presbyterian Church, Brooklyn, has killed' the scheme to erect a statute of lira in the square at Fulton Street and reene Avenue. He has sent a letter to ic committee in charge of the movemen in which he states that he cannot com clenttously agree to the of mot ey aa pro posed for personal honor than for public utility. The movement to erect a statue of Dr. Cuyler in Cuyler Park, as the sr uare mentioned is called, was started a hort time ago, and was heartily support by the friends of the verferable clergyr lan.

The committee in charge of the pro; sent a letter to Dr. Cuyler Informing Him of. the purpose of nis mends, ur. CuyOer has re plied to this letter as follows: My Dear Frienl: I have luct rrtelved your kind letter. In which you express tae desire of yourselves ana or several ef our prolnlnent eltl sens that I would consent to the- erection of i Memorial In Cuyler Park." to be waced there by the voluntary contributions oi generous friends her and elsewhere.

Do not I entreat you. resard me as indifferent to proposal "now nwuve aiioras me most prtvound and heartfelt gratification. But a work I of art In oronse or maroie ducn as nas been Isuggested) that would be creditable to our cltyl would r-quir an outlay of moaey that I clnnot con-seientlously. consent to hare espendid for the purpose or personal honor rather thad of public Several years ago the city authoritlls honored me Dy givmg my nam to the attractive plot of B.i",,u junciiun oi ruivm ai id ureene Avenues. If my most esteemed friend the Park Commissioner, will kindly have my na visibly and permanently afnxed to that little park, ajtrf will direct that It be always kept aa 1 right and beautiful with flowers as it now Is.

bi abundantly satisfied. I have been pe nlttd to npreniely happy, yea a tn this city which I heartily lov. and for wh people 1 have-Joyfully labored; and while a permanent milts of thes labors remain, i rust that I shall not pass out of all affectionat ('remembrance. The monument reared by bun aa hands may vanish away, but If God has enab ed me to encrav my humble nam on any lovir hearts, on'fore'ver!" memorUl JfS- kruTliv. the proffered honor may I rrnrri-jsT; m7 i cordial thank to the kind friends who have Jot ned with KrUn.i Jlil.Snf 1" fPol.

and wl warra personal regard I remain yours faltbfull THEODORE L. FISHING SCHOONER The Roulette Destroxed with pip Cargo of Blueflsh In Upper Bayi -There was a strong odor of brollJi blue- fish In the Upper Bay yesterday niornlns: whioh made bunfry the boatmen bn the craft flitting hither and thither abdut the harbor. iThe odor came from the schooner ttouiette, coming up the bay in tow with a fire raging-aboard and 5,600 blaeflsh In her hold, broiling and elszllng. I The Roulette, a two-masted craft, bwned by Cheeseborough Co. of Fulton Market, readied this port from Cbesapeaki Bay early, yesterday morning, with a blglcarg of blueflsh for her owners.

In'onler tn make better time-' coming up the- harbor, Capt, Charles Hogan instructed hia brbther. reter itogan, to start up an auxiliary gasoline enarine in the stern ef the arhkstnar Hogaa had scarcely started up the engine when it exploded, He tried to put out the fire which followed, and his hands, arms, and face were severely burned. The llames spread through schooner below oecka, tne enorts or cape Hogsa and his men to Dut out the blaze were univoJi. ing. Deverai ox me iispermen' sprang ktver- ooara, Dut were picxea up ty tne tug cent, wnicn naa sieamea np to tne rescue.

ne crescent towea tne Durning schooner to the foot of Conover Street, Broodyn. It was decided that the only thing that could save the schooner from being bt rrmd to the water's edge was to scuttle her. This was done and the boat sank ir ten feet of water. Wrecking tugs were sent for, to raise the sunken schooner, and it la expected that she will be floated aggl i today. The schooner is valuVd at 4.000.

The value of the cargo could not be learned Louis Hartmtn's Body Brought ma. The body of Louis Hartman. who on 1 Ion-day night last was found dead along fide the dead body -Of, Rose Lefebre, or Jtose Vlolette, the actress, in the Great Kortaern Hotel, in Chicago, was brought to this bit last 'night and taken to the father's horne. at tha Whitehall apartment house. Seventh Avenue and One Hundred and Fourteenth Street.

The funeral will take placefon Sunday morning. it was stated that Rhe father of young man Is to give hhe dead woman a respectable burial in Chi- TROLLEY CAR THE PUBLIC LIBRARY BIDS everl Offers for. the Marble Work Received Pretest of the Stone Cutters' the regular meeting of the Park Board yesterdayr erection of the superstructute of the; new Public Library were opened: The specifications called for separate bids on the exterior walls, for the interior walls on the Fifth rAvenue side, known as interior .1," and the otner Interior work classified Interior 2." AU the bids were for marble work. time allowed for the completion of the building is three yearsi Each bid was accompanied by a certified "check and -the successful brdder'wlll have to- file bond for' tjoo.oob; -y-' There were' five some of whom submitted three and four bids each. These proposals were on Oie -use of different kinds of marble, The details of the bids were, aa follows Bidder.

Norcroas 1BO Inf Infr 6th Msre EUlUtx ft Son, -tf 6th g.344,000 44S.Q0O Eurene lepUlbn, 6th S.466.B2S 403.8IO 3.64.l31 L-ri '-2 f''imssa aw.tM P. J. Cariin.rii...... S.13,5.'Ui 472,311 2.3T4.024 421. 2t I IL' i 1 The ThQtnpsea-Starrv vt lett -r f-j 93.000 108,867 103.000 9T.IW0 102.S2 Stat Trt0.Bl K0.89 145.180 bifi 1 2.WB.8e 490.172- 116.452 -t.

3,023,688 602, Ml 127.S21 A- lettey' was" received by the Prewident of the Mr. tCIaueen, from John Mc-Keon; Secretary of Ihe-Stonacutters" Association of -New York City and Vicinity; nrotesung agamst tne award ror tne dmn ble work to.anv firm which does not nnv union wagir and-recognize the the tetter aiao inveighed against the use of Barraste" marble- because it is taken from the. quarries Of Senator Proctor-of in whose -ruarries conditions prevail --which- ara not recognized 'by any iaoor union ip (ae united etates. MUSICAL JJNJONS, AT WAR. Members Declared- Ekpelled fake Pos- Thjsi'iafifsHcattuat--' Protective" TJnlon hel4 Jthe- SteBrolist in its hUtory yesterday -afternoon; stthe-Old Home-stead," Ninety.

first. Street and Third Ave- nue. The rneetjng'Vaa called to ratify the action- or; its Board' of i Directors, which gave notice "that all of the members of the union belonging to Local 41f the American Pederation of 'Musicians that did not desert, ahe'JaiierlbrganitaUon before Mon day: last should stand suspended. ft The member who. belonged to 4J.

reached the half earlr." and were fae In the majority: Anton Relff, President of me musical Mutual Protective Unrop. and the trouble began when James' Beggs, President of Local 41, proposed a reso) ution that the Board of Directors be instructed to rescind its decision regarding The- Chairman declined to. put the motion, and yells of "Put.the motlonl" and Leave the' chair! "mlne-terl with and applause arose. An' appeal from the decision of th Chair was carried. Vice President Ecke look the chair, but refused toout the motltfn, and after another row and an appeal Secretary John Ml tthauer succeeded to aha chair.

He tried to make a speech, and was hissed down. Demands for the DUttins Of the- mntinn mil hluu and bowls were kept up until President Relff seized, tha gavel and declared the iiircun: sojourner Then there was a fla-ht nr th. but the Relff crowd -carried them awn Tt was' voted by acclamation-to continue the meetingv and James Beggs was elected Chairman. He axpUlned that. as a ma- i meeting -remained they eould still tio business.

It was decided to appoint a committee of irve to rorm a plan of amalgamating all the musicians' unions in the city. The committee was, then instructed to bring In report at the regular meeting in July. W. E. D.

STOKES AS ARBITRATOR Failed to Settle Strike, Although'He OfTered. JT.00O Out of Hl bwn pocket: D. Stokes, who has been trying to settle a strike caused by a 'disagreement between, tha Metal Lathers'- Union and the tneei Metal -vyorkers' Union on hia apart ment nouse. at Seventy-fourth Street and Broadway, yesterday sent, letter td Chalrican Patterson at Brevoort HalL explaining that he. had failed to settle the i Mr.

Stokes had been- requested to "set as arbitrator' between the Brevoort Hall and the Building Trades' Union in an effort to adjust the troubles between the The letter. follows: Since I ha heew ri stated to you vetmiav. -Ji- mf ot my time In trying to brtns about a. fair s'BMon, ujimmmt or this wire-lathlns controversy. have In point of fact riven up my inerat it th laterests of th workincman.

whn your Board of Oeientea requested to Sf arbitrator between Brevoort Hall and th Building Trade Council. I Immediately sot into my carriiR end (trove 4ow9 there, where I was iwHTO. vtr uiiiii. ana i tried in a fair way to lay before them the ttnatlnn Tbay.qmplatndthat-lelegat Targert'S men bad been knocked out 'of work for 'nine months, during which tim th Building Trades Council had been compelled to pay th wages and svpt port the wives and the families o( '-Deregate Trert men. -1 to par tf my own pocaei towarq ine suppon or tne wive and children of th men whom Delegate Taggert TeRresentedton-t the condition that.th Wv.

tha vhots question to arbitration with some Just tmrmm, wno wouta settle ine dispute Dy employing' members of both unions, and. in' addition to thhv.tha I. would five out of my own pocket 60 cents additional pay to each man employed, so that the' question might be settled, and that in th month there would be no hardship suXfeiinjr among the1 wive and children ef mtmlerr o( either organisation, but nnforturLe)i aurma: my and absence from -town Aha matter hd gone so far that it Is aprarenuy oeyona me. I have trted- mr- utmeat to adjust this matter, and whtVe.lt looks very desperate at present. 1 have not entirely 'given pp hope.

TULlUNJNTHEBRONXl Ground' Bfokerr wt Gerard Avenue and v.r '449th Street Ground 'was bfeken 'for rapid transit tunnai the. Borough of the Brvnx at Gerard 'Avenue and One Hundred and Forty-ninth JBtreet by Contractor John B. Me-DonaW at 'A, M. yesterday. President Louis Haffen, of the borough and; members nfheloca).

board, met Chief Engineer William Barclay "Parsonf of th Rapid Transit Corornlsslon. Mr, McDonald. John CvRodgera, ub-con tractor for that division of -the and the necessary Introductions, wre made 'by Councilman Hotten-rotb. The tunnel will extend from Third Avenue west to the Harlem River, where it will pass under tha water. -After congratulations a short address of.

welcome by Mr. McDonald Med pick and broke ground. Mr. Haffen throwing out the loosened earth with a shovel, and then th en Use party, including -Louis Risse, Chief Toppgraphical Engineer of the Borough-of the James L. Wells, President Of the North Sidei Board of Trade: Joseph A.

OouWen of the Taxpayers' Alliance, and the Councilmen and Aldermen of. the district took part in the labors There were about score of real workmen on the ground and they 'fell to as soon as the others were and this morning there will 150 men at work there. 8team Engines on, Brookryri, Elevated. The Brooklyn 'Rapid Company has decided to partially return to steam power on several of its elevated lines." This has pecome necessary-; because- of ttie' scarcity 6P electric power as a-- result of the fires which have occurred in two of the company's power houses. General Manager Brackenridga yesterday ordered that thirty locomotives, which were laid up when the third-rail system was introduced, be.

gotten ready, and put. In operation i i Outlnj' of Tiffany Studio Employes. 'The annua 'outing of the Employes' Mutual Aid Association of. the Tiffany Studios is to be held at Hett's New Dorp Beach Hotel on -Sunday. The members and.

friends of the association wilt leave on the Staten Island ferryboat at Battery Park at 8:45 in the mornlna- and breakfast win Km avi at tha hotel at New Dora at 11 nVlrwk Th. committee of arrangements has Provided a I programma. tuid. potu Tl Ever, put year feet hot water Didn send; tlie Mood tingling and' the perspi ration. starting from every Put your feet rin hot high shoes and be hot, no matter how cool the rest of your body.

i The Jtlan-who-would-be-cool must wear low shoegall the easier since Fashion prescribes Low shoes 13 j-styles-Arnerlcan and French calf-skin, Vlci kid, russet, patent and "enamel leathers; S3.60 V' Summer sack'suitsv 'i. Ti. Negligee shirts." Straw hats. Everything- for man or boy. Rogers, Peet Company, .258 Broadway, cor.

Warren. mnA 7 kij ft Werren Rt. 68 Rroadwav. cor. We fill ei'reler 1300 Broadway, eor.

mall. and 64 West 8Sd bu "BJLLY McGLORY" GOING WEST. Life. In New York Says tha ex-Coneert" 1 .2. a i nan.

rpeper, is Razzle-Dazzle Move." Mrs Annie McOrory wife of the exjeon-cert hall keeper, more familiarly known as Billy McGlory." appeared in the 8upreme Courj yesterday examination- in supplementary proceedings ori a Judgment for R500 which had been obtained against her by Kenneth McLeod. By was with ills wife. and. as the lawyer asked her ques tions as 4 to her property he frequently Joined in the answer or else made an "Have you a bank account 1 Mrs. Mc-(Grory was asked.

"Have you any Jewelry?" sftid it." What-dld- you' aen? K'- Diamond Oh, interrupted Billy. "This wl hurt my credit" What did your diamonds weight don't know," responded Mrs. Mo- Qrory. What did the weigh, Billy? -There -were about eleven carats of diamonds altogether," said the husband. After nronertv which was mortgaged and soma that she had sold jars.

Mcurory was asKea: attends to your real estate transactions? My business man." "Andwho la he?" Buiy. i Her advance agent." surrested Mo Qrory. Whenever there Is any money to, i i a i uisnea up i get iu wnenever mere IS any trouble going she geu it." like the money more than the trouble," remarked-Mrs. McGrorx, Her husbandl Jblrted in and said, Life is a constant raxsle-dassle move, whenever I find I am recognised I nick up my wife, my two nogs, yina move, a-am going to move out 'West next week." $---t Where are you living nOw? Nowhere," said McGrory before his wife couia answer. "Just measuring nagstones everyday." Where is the.

man Doyle who holds the mortgages on your property? I don't know," replied Mrs. McGrory- "She don't," said her husband, "and I don't want Doyle to know anythlnr about this. His heart Is -weak. and he would drop dead if he heard about It," A few more questions were askV. which tailed to disclose any property which would satisfy the Judgment, w.

Jr Miller, counsel 'for McLeod, decided- to adjourn the examination for one week. This did not suit McGrory, who. he wanted to go West at once, but ihe finally submitted to the adjournment of -hia, wife's JEBSEY CITY'S WATER PLANT. The Building Contractor Allowed Modi--s flcationa In Consideration of i 'At a conference between the authorities of Jersey City and the legal representatives of P. H.

who is building the city's new water plant, it was practically agreed to grant Mr. Flynn the modification of con tract he asked for some time ago. Under: the terms bf the contract Flynn was to give Jersey City ei plant capable of furnishing 70,000.000 gallons of water dally 'and wa4 to secure to the city the. entire flow BJver in order thai future demands, might be met. Later the contractor found that he could not, do this because the Morris Canal Company," under Its charter, granted sixty years ago, was entitled-to draw from the Rockaway River kbove Boonton whatever water was needed to feed the canal at that point 1 Falling to quiet the company's claim either by purchase or legislation, Mr.

Flynn asked that the city modify the contract by adding to the clause relating to the entire flow ef the Rockaway River the words "except so mbch as may be withdrawn by the Morris Canal The city at first rejected this proposition, bat ha now reversed Its action in- consideration of a. reduction of S300.000 to be made from the contract price Of $7,5.1.000. Mr. Flynn's anxiety to have -the matter settled is caused by the fact that the United States Mortgage and Loan Company, which has agreed to lend him on his contract, declines to advance the money until he has secured the desired modification of contract. SALE OF SECAUCUS IRON WORKS.

v-" Extensive Property Purchased-by the Haekenaaek Meadawa Coikdiuv. sale of the Secaucus Iron Works at Secaucus Hudson County, to the recently Incorporated Hackensack Meadowa Company was reported In Jersey City -'The" Hackensack Meadows Company recently purchased nearly 4.000 acres of the meadow land between Jersey City and Newark? The Secaucus Iron Werka Company sold 600 acres of land to the Hackensack Meadows Company which adjoin, the large tract recently bought by- the corrtany. The price paid is said to be about 1 WOMAN LAWYER'S VICTORY. I-; i '-v, First of Her Sex to Win a Case Before the 'Court of MriC.FanBy H. Carpenter of this city Is the first woman lawyer to.

win a case be fore the Court of Appeals. The court sit- Ung at falofc has Just handed, down a decision in favor of Mrs. Jennie La Tourette against her husband, Richard O. La Tourette. La Tourette is a'well- known practicing "pTrysIeten of Amltyvllle.

L- In ISSH- her who is about sixty-five years old, transferred to her property at Amltyvllle and on Staten Island. and certain securities worth about 73.000. A short time after this he brought suit against her for a re-transfer of the properly, alleging thfrfhts wife had dosed anu urjKgru iiin iiu pub itiiH tu ioe transfer when-his mind was a -Mis. Carpenter was retained bv Mrs, La Tourette, and she won in the lower courts. The husband carried the esse to the Court of Appeals, and Mr.

Carpenter appeared tnere to argue vna csse ror ine wire, She is the second woman lawyer to appear be. lore highlit court of JAo State, ''suggest the'lovo-pnced. butMgh iC graae summer iommg OF our stores are pre-eminent, Nothing desirable in Hot Weather Goods Jtoe not carry from the iFtrie Straw Hat to tne Low Cut Shoe. A Snit of Rich Drk Blue Feather Weiiht 'Worsted, Aa deUcmter-Rri-eoloretl stripes. Salt of Genuine Summer Cheviot light gray-hua orerplmitlai half lined' Coataaad Troaorn of Fox's EntWah Faa ne la.

ham fine milk atrinea. Coats and Troumorm of Striped FZa nne J--au linings in all the smart shade worn. Soft Shirts cool, comfott, tzabionm-' hie bosoms. i W7rf Mesh and Li tie Tender-wear Sanitary Oauxe W'oof Underwear Toj wno mast wear wool. Whits Madras PaJamaa.

Military Cut, 3 BROADWAY Stores Cat.Z, Irhpson; (Crawford Simpson THE JUDIC" CORSET Is the rnodcrn evolution of twttitfc years continual improvement Yaribwmodels suit type; ofy; figure, meet every exigency of The Uteit modtl) desivied particularly- lor Macess yand. I9T ST. 4TH AVE. 20TH 1 The NewYorkTimes Saturday Review Newsdealers -always sell their early. 10 oe sure.

copy. ORDER TO- fj LEGAL NOTES. Trust for Hcsbako's ScrpoBf-Afrer, William K. Peyton had InsUtutedL test, of the ill of bia wire, Josephine jI. claiming-, that codicil provisions of the.wijl for his benefit-wast executed by his wife when she.was 'of sound mind, a compromlse'was entered into by all the' parties concernedXj According Jo the win.

Peyton was to have the income. ef $100,000 for life, but by the agreement the income was not to exceed the period of five years. In art action brought by John B.Everett, a Judg-ment Creditor, of Mr. Peyton, -to have' the income of the $100,000 applied to the payment of his Judgment, the trial Court gave a decision for the hold Ififcr that the Income derived from' the-und was the proceeds of a contract to which the defendant was entitled, and, that it was pot the proceeds of a trust created by: his wife for hia support. Thla of the case was upheld by the Second Appellate Division, feur ihe Court of Appeals now.

ori ders a reversal. There la claim." says Juds-e Hairhf for the court that the In come from the fund was more than- was necessary for the support and maintenan "E3S ef the defendant. No fraud baa been or found. Indeed, we do not see hoi waa possible. If the codicil revokine- the provisions maae ror tne nusrana naa admitted to probate there- would cerfainly nave oeen notning or mi testatrix 'estate that could be reached by his creditors, if the trust created by the will had been maintained, then the income -would have been the proceeds of a trust ihoThOt subject to the claims of 'creditors.

It is onlv because of the arreement that the plaintiff claims a right to recover, and not; oy virtue 01 -any rraua. ne is not, tnere-fore, in a position in which he can, the contract or decree of -the Surrogate based thereon. It appears lotis that the agreement and decree are capable' of but one construction, and that Is that the' trust provided for by the' seventh clause, of the will was Intended to be established' and carried into effect for the support and maintenance of the defendant, and that the income. from the investment made by the) trustees is the proceeds of a trust and not therefore applicable to the payment: of his, VG1 1 1 1 Not UroiRTin to P'o ROf duck Certificatb. The fNew Tora; tandj New Haven Automatic; Sprinkler -Oopipany placed the dry pipe system of -automation sprinklers James F.

Andrews's factory at Astoria. L. I. Payment ef the contaact price of (1.400 was refused by MrAnSras because the company did not produce a cer tlflcate of approval Issued by the Nt York Board of Fire Underwriters aa provided for in the contract. la an action by the sprinkler company to of its work the complaint waa dismiss 3d.

the trial Justice taking Andrews's view, end deciding that the production of he certificate vas necessarv. The plaintiff showed that the Board of Underwriters had certified that defendant' buildings had been fully with its system of sprinklers, but that no certificate could te issued because the premises were Joey on 4 -4 (ne rtscn oi ine paia ire Lepartment, ana provision had not been made to svnply ihe Dlnen with water antAmAtlrallv r- Th. peltate Division in this city. hue. the.

Judgment below, holding, by Justle ina-ranem, xnit xne piaintirr dta not. under is ice 10 I-there any procure the nrrrWaa Ainderstandlns; on lt part that tne Tcrn inoura periomiea In fuch a way that the Board of Underwriters wouM accept it. "Alt concracts." sav which provide that the cort- iraci pnee ana 11 oe nayaoie upon M'tWIrtt party's Issuing a certificate, are subject to the condition that where the production of euco, a certificate a renaereo ImDOaalble. oy any act other tha that of the olaintiff. or where such, a certificate should" havi inmr, hav supplied but Is unreasonably "with-held or refused, the.

plaintiff may recover notwithstanding-the that no. retUfkr eate is produced." Justice McLauhlimdte-i seated on the ground that the production etf the certificate was a condition precedent to recovery, as under the eznress term. the contract the plaintiff was not entitled THE BOARD OF ESTIMATE.1"9' 8alarlet of Brooklyn 8uprriCriirf Jdstlces Increased $4,500 -V-Th Board of Estimate held a short aes. slon yesterday. It waa decided to Increase the salaries of the Supreme Court Justices' of the Second Division 94.500 each the in crease to commence on July A law was passed by- the legislature allowlnr th.

Board otfisttmate to make these Increases The salaries paid, to the Bnnreme Cot Justices in Brooklyn will now be the same as hose of Justlr-es In Manhattsn. Commissioner Dalton ot the Water si ply Department was authorised to acoutre seventy acres of land in Forest Parkl Bklyn "eW "erYolfTf The board refused to take any-hcllon on the peUUons to extend the-raptl tranau svstem in the Bronx Tpi. IPlt from me. proposed tennHyU la Brwkn. mmmm Kivntcn or men 4 oVl Caoal St.

Near Qutnbers' SL Amusementsv nANHATTAN BEACH. Comraefldnz Saturday, June 5. FHEB BAXIt COSCEHTS DAILY. i -f 'i ORCHESTRA IN PALM ROOM. -June 22 the circus girl At'ot-iTix baXymcsicai.

rcj Divmin.i jicoccn Entertainments IU.X.U,UU rnin.dl... I Prectere I Th Violin Maker." Vanf JS MCase and MAe F.e- Bis rStech, Co. 150 Artiate. eeet." vriiM. MM Cluwn.

lov i)arkMa. HERALD BOtTARE fSara 8. Fhtjbert THEATHE. 1 I Introduce THE. LONDON LAUGHINO SUCCESS.

1: The RRIXT0N Heartllv Wed. tk Sat T-g -nimrt i nn tRecommended DUKULAKl. for that Heat ed FecliasV Ik All Br PQLBJirr AND JOULIEST 6 POT IN TOWN, -r" lig 8T. ANU COtUMBt'S Kaltenborsi Orchestral Concert. iwvery jiKemmr.

Adroiealon. CO cuita. Jwr.jVy. Popular Music i ft II HI VrtDI IT war. 45th.

Vat TTJ a.f 9 i lULIr ilUUiVNew 6ieclal Vaud.villA E-MtuM. TMfcl KtlVS CARNIVAL, rh-norw-nal Hi. rn mrtiiT aitrnnw nt nnnnn nnniir tncnni, dluum bilui Cryetal Covered. Performance Rain or Fhi.nt mm mm AMERICAN AND. EUROPEAN NOVELTlEdL OARRIfK THEATRE.

SSth 8t A Broad ar. ff jaatin wwrneaday end Saturday. CAPT. JINKS OF THE HORSflv VfT MARINES. fDITCDIrtU TUriTBCB-wavand rnoHJiAN'P uniitniun intninr.

44th et LA8T 2 8:1.. LAST JOni.MiRI AWT I MADISOX BQ.THEATRE. 24th Rt I I irfif 1 i is in. 11 iiikhinni wwka.11.1i1 Uil lllb UU1CI CASINO Mi ft 80th Et 8:15. Mats.

Wed. 81.2:1. '1 1 1 J.iHl)E.i). (Fully 1 Victoria and 6un.w nlchU. Vaudevill Concert.

(Republic Thes'a. i 1 B-vaywiIliaok Jfc TPalkerl and Halph Jaknttoac-14 Bt. Carolyn Drlmore A Co. Hr1 I Cfl Tl 42D st. and bth avk.

iilbllllHII E-a. 28c. SSt. B0. Hat.

dally (zc't 25c Peaceful Valley DEN WORLD TN WAX. New Orchestrs Special Attraetioa Te day. a r--r VftTCBe Dill 10 TWO PERFORMANCES -AUoI tnaUlAL DAILY. 23. SO.

BEST VAI DKVILLK BILL 131. TOW If Baaeealti fc Game, Polo To-morrow, 3 Re. Beats-at all hotel ibeatre ticket) office. Tha Turf. JtACISO, AT SHEEPSHEAD BAY.

Eaek Wek Jane IS to Jr si. (Hala or Shine). Mstle lir lasden 'v (Saturday,) JUNE 15th, STS UtSURBAIM 0 ,4 HANDICAP UTHB DOVBLK EVE9ET IXTRODCCTOR! Otaer Raeea. zave Ei East Seta- via 1. R.

at" 1 :40i.2Jltt' Boat foot Whitetaul 1-11 A. sua. RmtB 6U- (via 5Ui St Fry) in conrwetion with L.1 I M. at 12 A'dnrk anil vrv an Tranait from Brooklyn Bridge (New Bridge trains via Klnrs CouLtv anJ iirignion seaca Road, alra Flatbunh Avenue Sarfac Un rla Brighton Road every 10 rtrnut. Prom Broadway.

Wililamabura. take Occaa Ave. car. All Brooklyn aurtace cara ranufcr direct to track. ciri AHMISMIOX Tfl lTtPT.n 1ivn a.

t7Tb Suburban will be run about FourVciockl tarnni BROOKLYN JOCKEY CLUB i IX RACE TO-DATT. JkT rtO ur 'Trala. Ust B. Mth fc. at Jo! il-oo Pari Car.

1:30 P. M. RJtiT ret th. Brtda. via Stk El.varf" 'bridge footways closed.

i Even the Mayor Cannot Cross the New meeung of the new East Rivet two ivommissioners yesterday resoli.T $ioo was passed, prohibiting any person -ep the workmen employed on the street. nre rrora crossing on the foothrM. now extend frbm lower to tower. Mayor Van Wyck. mai lmce, said that7 he tnt.i 1 DOiJI ConcylsInndJockeyClub ffle East Rv.

X. wr wmie truer txecu fy1 clty- Since that time there "bas oeiween Van iwyck and the IT a oneW BrU Commie-loners were going alow in acquiring r'J51 a me to an end. wwr contest, iThe which has xi jw 1 ii 1 aw a complete its part of the about ten mnntH. ma Will CaOl bridge la Coroner. Zucca Confined by litnesa.

Coroner Antonio Zucoa la tit 11. 1 1 1 the Colonial Hotel. OnWri and I Twenty.flfth "na One M. ouignui Avcnuo. SlfnV "onenf-sad blood-poisoning may set in.

fotnbSV ek ago. One that be'bad to cui' 'th. tQ walk OUL lie crfuiVi'V. iho could Jlce when hi aved rTln4 hll nome. Ha conirt n1 ba1 to go back ttrOay.

coula tnoT out at aU I.