Star-Gazette from Elmira, New York • 13

ELMIRA STAR-GAZETTH. PAGE THIRTEEN. THURSDAY, JUNE 19, 1913. Keeffe Shoe 1 MAKES PROTEST AGAINST CURVE Southside Groceryman Alleges That Railway Is Being Laid Too Close to His Store. SCHROEDER JURY HEARS RESUME Verdict May Be Reached Late Tonight Attorney Rob-bins for Defense Begins Summing Up at 10:45 O'clock This Morning Reviews Evidence Carefully and Eloquently Pleads for of Elmira Engineer, Indicted for Sale MtlOB George Wager, a southside grocer, through his attorney, Charles Swart-wood has made a complaint to the Public Service Commission of the state against the Elmira Water, Light Railroad Company.

He alleges that the curve which the defendant company is placing in its track at the southeast corner of Franklin street and South Broadway, is placed too close to the curbing in front of Mr. Wager's property. It is charged the outside rail has been placed w-ithin about 17 inches of the curb at the corner of the street which Mr. Wager alleges will damage his property, in that his delivery wagons and the wagons of his customers cannot drive up in front of his store. It is also alleged that the long cars in making the curve; would overhang the curb and would endanger pedestrians.

Mr. Wager has requested a hearing before the commission In this city, at an early date. A copy of the complaint has been filed with the Elmira Water, Light Railroad Company and it is understood a new curve will be set up by the company. "I ,1 .1 1 1 I ,11 4 fillister Snow White Boots for Women Every woman knows the luxury and attractiveness of a snowy white NuBuck or Canvas button boot these June days. Nothing so completes the charm of a white summer dress as a pair of Keeffe Bros, splendid fititng white button boots.

This great sale of Keeffe Bros. Shoe mammoth stock offers every Elmira woman or girl the chance of the season to purchase her white footwear at wonderfully little prices. No matter what style or shape JOB P. KIRBY DIES IN CALIFORNIA HOME Largest Owner of Real Estate In Bradford County at One Time 98 Years Old. Hornell, June 19.

(Special.) The ease of William H. Schroeder, the former Lackawanna engineer, resident in Elmira, now on trial here for manslaughter, second degree, prob-ably will reach the jury late tonight. The last witnesses were sworn this morning and Attorney Fred A. Rob-btns of Hornell began summing up for the' defense this morning. His tpeech was interrupted by the noon? recess and he will resume this after noon.

Attorney James O. Sebring of Corn-Ins, who has been assisting District Attorney Claude V. Stowell in the prosecution, is expected to sum up for the people. Judge Thompson announced that each side would be given all the time it wanted to address the jury. RECALL MR.

HARTNETT. The first witness this morning was Timothy Hartnett of Elmira, road foreman of engines, who was called In rebuttal. He testified that a water glass on a locomotive boiler could become clogged by the encrustations and would fill with water by steam from above condensing in it. Mr. Hartnett said the Injectors on engine No.

1026, Schroeder's locomotive, had been changed before Mr. Talty made his inspection in Buffalo. Tho lower one was above, and vice versa. Attorney Robbins cross-examined him about the water glass fitting. Th witness said he saw Talty try to blow through the glass and fail, and he did likewise and failed.

Mr. Talty then cleaned it out. Mr. Hartnett said he was an engineer on the road when Mr. Talty was a traveling engineer, and the latter had ridden with him.

Mr. Hartnett tatd he could watch the roadbed and attend to Mr. Talty's instructions at the same time. JAMES J. GILL.

James J. Gill of Elmira, a Publio Service Commission inspector, testified that he inspected engine No. 1026 In Emlra eight days before it was inspected in Buffalo. He said he changed the injectors from 1026 'to No. 1025 to test them, because the former engine "was dead." He did not know whether the scab in the boiler was loose.

The witness then explained about the formation of sediment in boilers and its effect on the injectors, guages, etc. In response to a question in cross-fxaminatlon by Attorney Robbins, Mr. Gill said he came to the Hornell trial In response to a summons from his superior on the Public Service Commission, Mr. Buchanan. He was in Atlantic City at the time." Mr.

Buchanan told him to bring the original reports made by Mr. Talty. He was asked if these reports are not strictly confidential. -a Attorney Sebring objected to his answering the- question and Judge Thompson sustained the objection. Attorney Robibns then desired to read a letter containing some of the reports, but after a lively tilt between the attorneys the court ruled the letter out and forbade it being read.

The defense then rested its case. BEGIN SUMMING UP. At 10:45 o'clock Attorney Robbins began summing up in Engineer Schroeder's behalf. He said: "The defendant stands in danger of imprisonment for the rest of his life for an accident not of his own doing." He reviewed Schroeder's good record as a railroad man and characterized him as a thorough engineer, a sober, industrious and upright citi-en. In the 30 years that he had worked for the Lackawanna railroad his record had been scanned carefully and only one or two minor faults could be found, for which he had been reprimanded or disciplined.

He has run engines a distance of one and a half million miles and this is his first serious accident. Attorney Robbins took up each point in the indictment and each phase of the evidence carefully and explained all from the view Sat of tjie defense. He laid stress on good character of the defendant rfd the combination of unusual incidents which preceded the Corning wreck; and declared that over most of these Schroeder had no control and hence no responsibility. The case may reach the jviry tonight. YESTERDAY AFTERNOON.

At the opening of the afternoon session yesterday, J. A. Talty. of Buffalo, cf tho Public Service Commission was called to the stand. He testified that he was formerly a traveling engineer for the Lackawanna and at one time an engineer for the Erie from Hornell to Buffalo.

He told that he was appointed to the commission over a class of 67 candidates. He testified that he was notified of the wreck on the afternoon of July 4 by a message from Albany, and told to come to Corning. He appeared at Corning on the morning of July 5 and, accompanied by other Public Service men, made an examination of the cars and engine at the scene of the wreck. He testified in part that on the morning of July 6 Mr. Buchanan, Mr.

Rockwell and myself went to Scranton and attended the hearing conducted by the railroad company into the affair. I heard Flagman Sweet of the passenger train testify as to how far back he had gone and that the fusee appeared as if it had just been lighted and had been burned scarcely any. I returned after that to Buffalo where 1 stayed until Monday when I was ordered to Elmira. Mr. Buchanan on that day ordered me to check power on the Erie.

INSPECTS ENGINE. I. was later sent to Buffalo to inspect engine No. 1,026 which had been taken there for repairs. When I arrived tho fire was drawn and the water was all out of the boiler.

I removed the water glass and gauges before the engine was again fired up. I found everything all right with the exception of the bottom connection on the engineer's water glwas which was clogged up with encrusfation. I could not get air through the opening. It appeared as if it had been in that condition about 60 days. The glass will fill, however, with this bottom fitting closed but it fills from above by the steam entering the glass and condensing.

It gives a false indication. These fittings should be cleaned out every 80 days and in cases where the water is bad it should be done more often. NEAR DANGER LINE. "From the best of my opinion a train traveling 60 miles an hour and consuming 5,000 gallons of water every hour it would only take about four or five miles fafesS you psa oot needs the particular last that esire will be found at Keeffe Bros. Shoe Store.

Don't delay, come before of There are hundreds Towanda, June 19. Job P. Kirby, for many years a resident of Towanda, being one cf the best known, wealthiest and most highly respected citizens, died Monday in Almeda, California, where he had lived over 20 years. Particulars concerning his death have not been received, the telegram simply stating that the body would be brought to Towanda for burial, leaving Almeda on Wednesday. The death of Mr.

Klrby ends a remarkable career. He was born at Nichols, N. on December 3, 1815, therefore being in his 98 years. In early manhood he came to Towanda and for a time was engaged in mercantile business. By careful and painstaking management, he accumulated a great fortune.

At one time he was the largest owner of real estate in Bradford county, and even now a vast amount of real estate in Towanda and vicinity is vested in the name of Job P. Kirby, being carefully looked after by J. Rosseel Overton of Towanda, who has been Mr. Kirby's business representative here for several years. He is survived by his fourth wife, and the following children: Mrs.

Francis Spaulding of Towanda, Mrs. Anna someone else gets the very pair you want. All sizes and all widths. pairs of both white boots and white low shoes to choose from. as Harry Gray's Sons' finest quality $4.50 and $5.00 Nu Buck Button Boots are all priced at $3.98 a $3.48 Johnson well-known Nu Buck Button Boots for women.

Stylish medium wide toe shape. Goodyear welted soles; very I pair. These are the finest fitting flexible and easy. boots made. They fit the ankle and heel as if the foot were moulded into the boots.

Mrs. Mrs. Maud Kirby Miss Hammond of Lincoln, Emily Read of Almeda, Helen Ward of Chicago, Mrs. Davies of Towanda, Stephen of Armourdale, Kansas and Martha Kirby of Almeda, Cal. Carlisle Shoe finest Sea Island White Duck Button Boots.

Regular $4.00 quality. All sizes and widths. Very cool. $2.98 2.98 Johnson White Canvas Button Boots; popular high toe shape; swagger slant top pat-terns; welt soles. he Coo The TODAY'S MARKET QUOTATIONS Prices Kevised Daily According to Associated Press Dispatches To The Star-Gazette From the Stock, Produce And Commodity Exchanges of the Country.

108 W. Wafer Street, Elmira, N. Y. JTEW l'OHK l'KODUCE MAHIvKT. ITHACA FIRE CAUSES ABOUT $10,000 LOSS Ithaca, June 19.

A two-story frame business block at 103-105 East Green stree, owned by John N. Mead, was seriously damaged by Are which broke out at 7:25 o'clock yesterday morning. The lower floor of the building Is divided into two stores, which were occupied by Cummins Martin, dealers in motorcycles and supplies. and John N. Mead, clothing.

The losa will probably be about $10,000. Almost all of tho stock of Cummlngs Martin was removed from the store shortly after the fire was discovered end they will not suffer a havy loss. Wedlake was injured and taken to the Corning hospital. NEARLY FINISHED. Attorney Knipp stated at this time that with the exception of one witness the defense rested its case.

Attorney Sebring then read much of the testimony of Schroeder from the minutes of the coroner's inquest. Conductor Staples o.f No. 9 was recalled to the stand in rebuttal and testified that he was in the steel car when the train slowed down and at once went to the vestibule. He saw Lane step off the rear coach and start back when the train stopped. He was briefly cross by Attorney Robbins.

The case adjourned until today. HANGONBRINK and colored springs 14 1-214 3-4; do average fancy 4 -4; state, whole milk fresh undergrades 1314; slightly 3 10 3-4. Eggs, irregular receipts 22029 cases; fresh gathered extras 22 1-224; extra firsts 20 1-222; firsts 1920; seconds 17 1-218; fresh gathered dirties. No. 1, 17017 1-2; do No.

2, 15 17; fresh gathered checks, good tp choice dry, 15 1-216 1-2; do checks, undergrades, per case 3.0O4.00; state, Pennsylvania and nearby hennery whites, as to size ad quality 2325; do gathered whites 2224; western gathered whites 20(23; state, Pennsylvania and nearby hennery browns 2324; do gathered browns and mixed colors 1922 1-2. Potatos, firm; southern new" white 1.002.00; southern red 1.001.50; sweets jersey basket 1.251.75. Cabbages steady, southern 7o2.50 a bbl. U. S.

Department of Agric ulture. WEATHER BUREAU. Xew York, June 19. Flour quiet but teady; spring patents 4.604.95; winter sPHng patents 4.60Q4.95; winter traights 4.454.53; winter patents 4.75 63.M; spring clears extra 0. I winter extra No.

2 Winter 3.703.S0; Kansas straights 4.20 C4.30. Rya flour, quiet, fair to good 3.70 So; choice to fancy 3.904.00. Rye steady; No. 2 west 67 1-2 c.f.f. Kew York export.

Barley, quiet; malting B965 c.t.f. Buffalo; feeding 54c nominal f.o.b. New York. Wheat: While inactive the market tor wheat was easier in tone reflecting the lower ruling in outside markets. pork.

steady; mess 22.2522.75; fam-cy 24.0OC 25.00; short clear 20.756f 22.00. Kig 25.00: short clear 20.7522.00. Beef quiet; mess 18.0019.00; family Lrd. steadv- mi.l.11t.vMt 11 lOfffll 20. wo OF STEEP CLIFF from the time that the water went down from the top of the crown sheet unt'l the boiler would be in danger of explosion." "I next investigated the injectors an I found that they worked all right.

The cab was out of place. The indications were that with the cab in place the upper injector would not work. 1 have known instances when the rod which goes into the dome from the upper injector can be bent with a sharp blow or else it can be broken so that the injector can be worked. I have seen this done in practical experience. I have known engineers who have failed to make their time when it was clearly their fault being reduced to less important service." REGARDING INJECTORS Attorney Sebring took up the cross examination and Talty testified that in tho case of the injectors not working he knew of no other course of making them work than to bend or break' the rod.

I believe that it is safe to run at 60 miles an hour and do this as it only takes a second or two. I cannot recall in my experience as traveling engineer a timo when an engineer made the excuse of fog for being late. He was asked a question at this time as to whether he had not been in Attorney Robbin's office within the past few days and rehoarseci this case and also been friendly and Introduced Schroeder around. He admitted all this to be true. He was questioned as to how long ago It was the hole in the water glass fitting had been cleaned out and he answered 30 and 60 days.

He was closely questioned by Attorney Sebring concerning the various technical points of the investigation conducted by him after the accident. He told of having gone out on an engine and bent the injector rod while he was in the service. JOHNSON LITTLE. Johnson Little of Elmira of the Bennett Incinerating Company was sworn and testified that he knew Schroeder IS years and that his reputation by the speech of the people was good, lie was cross examined briefly. WILLIAM J.

LORMORE. William J. Lormore, president of the Breesport Oxgerated Mineral Springs Company of Elmira was sworn and testified that he had known Schroeder 25 years and had always understood that he was a first class citizen. He was cross examined briefly by Mr. Sebring.

RECALL SCHROEDER. Mr. Schroeder was recalled to the stand and testified that he had known Flagman Edward Lane for years and that of late he had shown signs of ill health and showed signs of being ill. On cross examination by Mr. Sebring he stated that he had always been friendly to Lane and had seen him In his place of business.

850 Lake street, Elmira, only a week or two ago and that he appeared to be In very bad health. PASSENGER SWORN. Thomas R. Wedlake, of Lindbrook, L. a passenger on No.

9. was swern and testified that he was in the second car from the rear when the train stopped. He told of seeing a trainman who appeared to be in advanced stages of tuberculosis sitting in the seat opposite him at that time reading a newspaper. He went to sleep soon after the train stopped and did not know what he did after that. On cross examination by Mr.

Sebring he testified that he did not know whether this trainman left the train after he went to sleep or not. He did not see the trainman when he was awakened. Kw sugar firm; muscovado 2.832.88 ffntrifugal 3.333.36; molasses renned steady: crushed r.uo; a granulated 4 S.I: nowdered 4.45. nslwA -tfefefStvt5 29.9 wrJb -3 sAj Thursday, I cxS 3dWfR7ll June 19, 1913. jrv-Q LOW Vv' CATTLE MAllKFT.

Chicago, June 19. Hogs, receipts strong; bulk of sales 8.508.65; light 8.408.70; mixed 8.35S.70; heavy 8.158.65; rough 8.158.35; pigs 6.65 S.35. Cattle, receipts weak; beeves 7.25Q9.10; Texas steers 6.908.00; stock-ers and feeders 6.308.15; cows and heifers 4.00S.30; calves 7.009.25. Sheep, receipts weak, native 4.606.75; yearlings SO.GO; lambs native 5.107.00; spring 5.257.6o. East Buffalo, June 19.

Cattle, receipts 100 head; active and steady. Veals, receipts 75 head; active and steady, 6.00 10.50. Hogs, receipts 2.500 head; active; 5 10c hgher. Heavy, mixed, york-ers and pigs 8.90 8.95; roughs 7.75 gt 785; stags 6.50 7.25; dairies 8.75 8.90. Sheep and lambs, receipts 1,600 head; slow wethers and mixed sheep 10 15c lower.

Lambs 5.50 8.50; yearlinsrs 4.50 7.00; wethers 6.00 5.65; ewes 3.00 5.00; sheep mixed 5.005.35. CALL PRAYER MEETINGS Morris, June 19. (Special) L. XV. Jones of Morris and a man named Smith had a narrow escape from death Monday morning about 9 o'clock on the road between Morris and Black-wells.

Mr. Jones, who conducts a livery at Morris, recently purchased an automobile and was taking Mr. Smith to Hlackwells when the accident occurred. While driving along what Is known as the narrows, a few mile from Morris, the car slued suddenly to one side of the road and Mr. Jonos becoming somewhat excited, lost control of the machine, which sprang over the bank and plunged down the cliff to the gully below, a drop of about 70 feet.

As the took the plunge both men jumped and in falling caught hold of some scrubby trees which stopped their further progress and probably-saved their lives. Smith practically escaped unhurt but Mr. Jones sustained an ugly cut on one of his legs from the stub of a tree. Dr. R.

F. Robison, of Morris, was summoned to the scene of the accident and dressed the wounds of the injured man. He was taken to the Blossburg hospital on Tuesday. The automobile was badly wrecked. Petroleum steady; refined New York Wlk 5.00; bbls 8.70: cases 11.00.

Spot coffee, steady; No. 7. Rio 10 5-8; 4 Santos, 12 1-4; molasses, steady; xw Orleans open kettle "allow, steady; city 6c; special 6 5-S; faun try 5 3.46 j.o Ray. steady; No. 1, 102 1-2.

No. 1 30395; No. 3. 75 S5. aJ.

quiet 4.30. -traw, steady; straight rye No. 1 and Beans, steady; marrow 6.056.10; ium, 4.05Q'4.10; peas choice 3.90 red kidney 3.903.93. steady; state common to cnolee 1912, 1419; 1911, 9314; Pacific f-ast 19X2, 1519; 1911. ll14c.

ew York, June .19. Butter barely "ay." receipts 10457 tubs, creamery 2882S 1-4; firsts 1-2; sec-a 226 3-4: thirds 24f? 25 1-2: state finest 27 1-2; good to prime 26 common to fair 24 25 1-2; process 251-2; firsts 24JT25 1-2; imitation eanury firsts 241-225; factory firsts ttoct U' 8ecom1s 22221-2: packing Astern best 21 1-2; southern 21 packing stock No. 1 22; 21S21 1-2; x0, 3 20201-2. steady; receipts 1377 boxes; vhole milk, fresh white and pale EXPLANATORY NOTlSS. Observations takpn at 8 a.

75th meridian time. Alf pressure reduced to sea level. Iobiir (continuous linos) pass through points of equal air pressure. Isotherms (dotted lines) pass through points of equal temperature; drawn caly for tero, freeiing, 90, and clem; partly cloudy; cloudy; rain; snow; report missing. Arrows fly with the wind.

First figures, lowest temperature past 12 hours; second, precipitation of inch or more for past 34 tours; third, maximum wind velocity. w' FOXfi CAST I'abiluheel by Ttie Star-Gaett by .4 uutorlly of tho Unite btiim Neighborhood prayer meetings will be held Fridav evening at 7:30 o'clock at the home cf Mrs. S. H. Mills at 510 Hart street and Mrs.

Clarence Ward of 1111 North Main street. portion tonight or Frlduy. Western New York: Thundershowern tonight or Friday. Warmer tonight ani in east portion Friday, Moderate soutij and southweat winds. Weather Bureau.

For Elmira and Vicinity; Warmer and some clvmdfness and probably fair weather and Friday; highest temperature Friday about 90 degrees. Eastern New York: Warmer with probably fair in south and showed la Mirth Say you saw It In The Star-Gaa! STAR -GAZETTE WANT ADS PAY STAll-GAZETTK WANT AllS VAX.