Buffalo Courier Express from Buffalo, New York • 6

a a a BUFFALO EXPRESS, FRIDAY MORNING, MAY 14, 1915. THE MAY LAY OUT NEW DISTRICT Much Dissatisfaction Over Present Boundaries of Elmwood Avenue Extension. MANY FAVOR CHANGE Streets Committee of Aldermen Vote to Have City Assessors Take Up the Work. JITNEY LICENSE HELD UP New Transportation Company Must Amend its Incorporation Papers Before Grant is Issued. The streets committee of the aidermen yesterday resolved to report in favor of the Haifa resolution directing the assessors to certify a district benefited by the widening and extension of Elm wood avenue.

Eight years ago district was defined, but now there is considerable dissatisfaction over the boundaries as it is maintained that some parts of the city have not been assessed for the improvement that will benefit by it. Governor Whitman has signed a bill permitting the assessors to make change in the boundaries of the original district. If this measure were not approved the district could not be altered. It is likely that the aldermen will' adopt the report. After it is approved by the councilmen and signed by the mayor the assessors will make re port to the common council.

It la said that when new district is defined at least part of the Franklin street seetion will be included. Alderman Humphrey may have resolution asking for a new district to be assessed for the widening of Esser avenue in Black Rock. It is alleged that as this is partly general improvement the original district should be extended. The streets committee held hearing on the proposed routes of the Butfalo Jitney Bus company. Corporation Counsel Rann furnished the committee with written opinion in which he held that under the present ordinance the mayor cannot grant license to the company to do business here.

It appears that the company in Its corporation papers did not indicate that jitneys are to be operated over fixed routes. The petition of the company asks for authority to operate cars on specific lines. The committee deferred action until the Buffalo Jitney company amends its incorporation papers. Thomas Penney, attorney for the InI ternational Street Rallway company, pointed out to the committee detects in the incorporation of the company if it la intended to run jitneys on fixed routes. Henry W.

Killeen, attorney for some garage owners and- a taxicab company, spoke against the petition of: the jitney company. 8. 0. Knisley, president of the Jitney Bus company, urged the committee to. approve the I routes.

The committee held hearing on the proposed ordinance permitting the placing of gasoline tanks between a sidewalk and curb except in the congested district downtown. Charles B. Fish, who has number of auto supply stations in various parts of the city was the only person who objected to the ordinance. He WAS I represented by Philip Catalano, who predicted that insurance rates will be increased if the ordinance is passed. The tanks, he said, will increase the fire hasard.

in Detroit, he pointed out. there is considerable objection to the gasoline tanks placed near the curbs. Many of them, he said, have been taken out. Among those who were in favor of the ordinance were W. F.

Kendt of No. 1476 Main street; E. P. Leitz of No. 345 Franklin street: F.

W. Burkhard of No. 145 Genesee street; W. H. Brace of No.

158 Chenango street. The committee took no action on the matter yesterday. Burley. said he will have a talk with Corporation Counsel Rann and may have report ready for the next meeting of the aldermen. Salvation Army Officers to Wed.

Alexander S. Thomas of Jamaica, L. and Lydia Myrtle White of No. 61 Brantford place, both Salvation Army officers, secured a marriage license yesterday. He is 23 and she 21.

Mr. Thomas WAs born in Jamaica. his father being an Englishman and his mother a Scotch. woman. Miss-White was born in North Tonawanda, her parents being Canadians.

Thieves: are The grocery of Conners" brothers" No: 836 Perry street was entered some time on Wednesday night and twenty pounds of cheese stolen. The thieves got in by removing a board which had been used to patch a broken window. Anderson Co. Phones: Bell, Seneca 4060: Federal 2028. and Mail Orders Filled on Day ateceived.

Telephone 'An "Extra" Special 1 We have and had according made to up our expressly rather to exacting our order, specificationsAn All-Duck Couch Hammock Special 7.98 at That usually sells for $10.50 The duck is khaki col. or and of high quality throughout even the skirt. Best steel frame, National spring, adjustable back rest and wind. shield. Other Conch Hammocks, $7.50 to $16.50.

Strong steel Hammock Frames -special at $3.25, Woven Hammocks in many styles, with wide valances and throw pillows- 880 to $4.76. Adam. Co. A GIFT FOR ALL Join Our Christmas Club; Starts May 17th The Safe, Sure and Easy Way to Have CHRISTMAS MONEY SC. WEEKS up 50c WEEK $1.00 WEEK CALL AND LET US EXPLAIN ERIE SAVINGS LOAN ASSOCIATION Corner Pearl and Erle Streets READ PARTICULARS IN THIS PAPER MAY 17th OUR WAY Is the summer way to travel between Buffalo and Toronto -by trolley to Queenston and from there to Toronto by boat.

The service starts Saturday, May 15, and will continue daily, except Sundays. Cars leaving Main and Court streets at 8 a. m. and 3.45 p.m., will make direct connection with the Toronto boats at Queenston, arriving at Toront at 1 p. m.

and 8.40 p. m. On the return trip the boats will dock first at Queenston, where our cars will be in waiting. -Fare limit, $3.25. way The privilege of the Niagara Belt line trip, the one round trip, two day limit, round trip, Gorge Route, in Included in the 30-day tickets.

30-day Further particulars can be obtained from W. J. Whiteside, agent, Main and Court streets. INTERNATIONAL RAILWAY COMPANY FARRAR TREFTS, Inc. Established Superior TANK WORK Every Description HEAVY OR LIGHT RIVETED OR WELDED Supplies.

ELECTRIC Wiring -Motor and Dynamo Repairs McCARTHY BROS. FORD NOTICE TO CREDITORS. notice. that the undersigned Charles Staples receiver. of the Chala, Company, hereby indebted to such ton.

by 1915, at my office, No. 1046 Square, Buffalo, N. to render an account ore their indebtedness and sums of owing as by such. them receiver, respectively mad to pay the 2. All persona bavioe in their possession any property or effects of such corporation to deliver the same to the undersigned by the diet day of May.

1815. the creditors of such. corporation to deliver their respective accounts and demands to the undersiened by June 21. 1915, at my said office persons beidine any open or fur contract of such corporation to present sadie to writing and in detail to the undersigned on the said Stat day of May, 1916. CHARLES J.

Staples, Receiver of Automate Chain Co. 1046 Bilicott Square, Buffalo, N. Y. WRIGHT MITCHELL, for celver, Title Insurance Building. Church street.

Buffalo. N. Y. Nettee of Hearing Notice to bereby given that an application ban been made to the Superintendent of Highthe Town of Tonawanda, and the Towe Board of the Town of Tonawanda, by the International Rallway. Company, for permission, convent and grant to build, construct, matetala and.

operate an extenslon of ita street for use across the various streets, alleys and pubile of said Town, where the same are inby the route of the former Buttale, Thousand Jalande Portland Railroad Compaoy in said Town Notice therefore gives that the Tendent ways of the Town of Tone wanda. and the Town Board of the Town of will first consider such the Town Hall of said Town in the of New York. on the May. 1916, at eight P. on that all persons who so desire and there be heard thereto, 3916 WITT O.

ZIMMERMAN, Superintendent of Highwaye. of SIMCOX. Town Board, Clerks DE REV. F. W.

LUXFORD DEAD. Had Been Pastor of Varysburg Baptist Church for Last Three Years. to The Buffalo Express. Attica, May The Rev. Frederick William Laxford, pastor of the First Baptist church of Varysburg, died at his in that village today.

He had been pastor of that church for the last three -years. Mr. Luxford wah born in England 66 years ago and came to the United States a young man: 'Surviving, besides his wife, are two granddaughters, Mrs. A. L.

Benedict of of Buffalo and Mrs. Richard Lenkelt New York. The funeral will be held at Varysburg on Sunday afternoon, with burial in that village. APPELLATE DECISIONS. Judgment for $2,000 Against B.

L. E. Traction Company Affirmed, -The appellate division. has affirmed unanimously the $2,000 judgment socured in a jury trial here before Justice Bissell by. Wilhelmina against the Buffalo Lake Erie Traction company.

The suit WAS one brought to recover damages for personal injuries sustained in an accident while Mrs. Wallace was a passenger on one of the defendant's cars. The car ran off the track on the Hamburg turnpike in July, 1918. Hamilton Ward was attorney for Mrs. Wallace.

Kenefick, Cooke, Mitchell -Bass represented the defendant. Another Buffalo case just decided by the appellate division is that of Elizabeth Snow against John L. Choyer and others, a suit involving property owned and occupied by the Bellance Banking company in Court street. The plainthrough her attorney, Hamilton Ward, claimed that Choyer's ancestor, who sold the property to Bellance, did not own it, but that the rightful owner John Burns an ancestor of the plaintitt. The action was, therefore, brought for the benefit of the heirs of John Burns, the claim being made that the Choyer ancestor merely held the property as trustee for the Burns heirs.

The decision of the appellate division reverses the Judgment in favor of the plaintiff and directs a new trial. Mrs. Snow was originally represented by Walter Jenkins, and later by Hamilton Ward. Lewis Carroll appeared for the defendants. POLICE SLIP ON BANANA CASE Kowalskis Freed on Theft Charge: New Accusation Against One.

The net of circumstantial evidence in the case of Steve Kowalski of No. 33 Mills street and Louts Kowalski of No. 65 Beck street, both charged with burglary and larceny, was not strong enough to hold them, in the opinion of Judge Brennan, and they were diecharged yesterday in city court. The men were charged with stealing three bunches of bananas from the cellar of the store of Louis Brocks of No. 66 Beck street.

Patrolman William Henderson, who made the arrests, said that he found a trail of banana skins leading from the store to Louis Kowalski's home. In the hallway of the house he claimed to have found the three bunches of bananas, although much of the fruit had been picked from the stems. Kowalski's explanation was that the bananas had been put in his house 85 blind to throw suspicion from the real culprits. The officer admitted that the bananas were in such a posttion in the hallway that they must have been thrust in from the outside. Kowalski further said that he had notifled the police about the bananas being in the hallway before he knew he was- under suspicion.

think this evidence is too meager to warrant the holding of these men for the grand Jury," Judge Brennan said at the conclusion of the hearing and he discharged them. Steve Kowalskt was immediately rearranged on a charge of assault in the third degree, preferred by Mrs. Belcha Lederman of No. 251 Lombard street. She alleges that he struck her in the forehead with some weapon and inflicted a cut.

An adjournment. was taken In this case until May 17th. Beware of Carelessly 1 Throwing Paper and Other Refuse About. So many complaints have reached Police Superintendent Regan of late that children and others in the borhood of- Elm wood and Potomac enues have been In the habit of littering the lawns and sidewalks of that district with waste paper and other refuse, that the superintendent yesterday sent out a special order calling the attention of police officers to the ordinance which was drafted to prevent such practice. person.

caught or debris on lawn, sidewalk or street. of the city subject to a 410 Ane: and extra men will be detailed in the section from which the, complaints have come to watch for violations. Parents are warned to instruct their children in the proper methods of waste disposal. HIGH GRADE SUITS AT $15.00 Today and tomorrow we are going to give a veritable feast in HIGH GRADE CLOTHING- an opportunity to purchase our $16.50 and $18.00 MEN'S and YOUNG MEN'S SPRING and SUMMER SUITS at the low and popular price DON'T MISS THIS CHANCE. Nobby models for the young fellows- more conservative for the older men.

Mixtures, plaids, stripes, checks or plain grays and blues, if you re out to get High Grade Suit, you'll make a if you don't visit DESBECKERS. 50c Neckwear at 25c $6.00 Boys' Suits $5.00 Bigger and better values than ever, 300 dozen all fine Today $6.00 and Norfolk tomorrow- -unrestricted choice of our Suits with an extra ilk 4-in-hande and Every tie 50c 25c pair of pants, at $5.00 value. Extra big shapes today, and tomorrow Sizes 6 to 18. Plaids, checks and stripes "GET ACQUAINTED 347-351 MAIN ST. DESBECKERS' FOUND POISON IN THE ORGANS City Chemist Hill, Prosecution's Star Witness, So Testifies in Buffum Trial.

MORE THAN A TRACE Stomach and Other Parts of Body Were Subjected to the Marsh Test. SON DANIEL HOLDS ALOOF Sits Apart in the Courtroom, While Other Relatives Try to Cheer the Defendant. Not all of the members of the Buttum family will stand with their mother In her fight for her life on the charge of murdering her husband, Willis Buffum, on their farm near Little Valley in the summer of 1913. This became known yesterday when Daniel Buffum, a son 21 years old, was called to the stand by Guy B. Moore, assistant district attorney of Erie county, who was examining witnesses for District Attorney Laidiaw.

That Dandel and the other members of the famIly are not on the best of terms indicated by the fact that while the rest of the family was in one party on one side of the courtroom Daniel was seated by himself on the opposite side. It was brought out by Mr. Moore' questions that Daniel Buffum-evident- 1 ly became suspicious of the manner of his father's death. He testified that he gathered up the flypaper about the house after Willis Buffum's death and later took it to Sheriff Dempsey at Littie Valley, believing that it might have had something to do with the fatal illness. Cross-examination by Attorney Patrick 8.

Collins for the defense showed that the young man had very little on which to base his suspicions. Alleged Confession in Abeyance. So far no attempt has been made to introduce the alleged confession of Mrs. Buffum, which played such an important part in the fret trial of the case at Little Valley, It is certain that the attorneys for the defense will make every effort to prevent it being introin this trial. Without this 1m- portant evidence the case of the state would be greatty weakened: As one of the star witnesses for the Dr.

Herbert -M. Hill, city chemist of Buffalo, was called by the prosecution late yesterday afternoon and was still on the stand being crossexamined by Mr. Collins when court adjourned at .6 o'clock. He will complete his testimony when court convenes this morning. Dr.

Hill told of attending the autopsy on the body of Willis Buffum at the Little Valley cemetery on October 2, 1918. He said that several organs were taken from the boy, sealed up in jars and taken by him to his office in Buffa10 where later he made an analysis of all of them. He also said that he had received several bottles of medicine, sample of water and one of milk sent him by the sheriff's office of Cattaraugus Tests of the medicine, water and milk showed no traces of arsente, cording to the witness, but an analysis of Buffum's the different organs taken from body all showed arsenic in weighable quantities. He explained in detail to the jury the Marsh test which he used in each case to detect ardento. He said this is the surest test known.

Arsenic was Found. The results of the tests made on the stomach and other organs of Mr. Butfum were as follows, Dr. Hill testifled: -A part of the stomach tissue weighing ounces showed the presence of .00609 grains of arsenic and the tests on the other organs showed that it was present in even larger quantities. During a five-minute recess yesterday afternoon, Mrs.

Buffum's relatives and friends crowded about her and that their few words cheered her was shown by the manner in which she bore the trying ordeal of the last hour of court. Among those who extended sympathy to the defendant were her mother, Mrs. Marietta Colt: two of her. brothers, Herbert and James Colt, and her sister, Mrs. Jennie Bonstelle of Salamanca.

After Mr. Collins had completed his address to the jury yesterday morning, Howard E. Piper, an undertaker of Lattie Valley, was the first witness sworn by the prosecution. He said that there was no arsenic in the embalming fluid he injected into Mr. Buffum's body.

E. D. Waite, a former sheriff of Cat- taraugus county, told the fury that her had known Mr. Buffum well during the spring and summer of 1918, and that he had never seen him intoxicated. The prosecution.

brought out on cross-examination or NE Edwin Whitcomb, who had done work the Buttum. home, that he saw Mrs. Buffum and Ernest Frahm come home together one evening from the Little Valley fair short time after Buffum's death and that he saw Frahm leave the house about 8 o'clock on the following morn- Revelations of the Autopsy. Coroner 0. 8.

Martin of Salamanca was questioned particularly into the exhuming of Buffum's body and the autopsy on October 2, 1918. He said that the organs of the body apparently were -in a normal condition, with the exception of the small intestine, in which there was a stricture. Besides himself, there were present at the autopsy Dr. Hill of Buffalo, Dr. Hilleman of Little Valley and Dr.

Lake of Gowanda. Dr. Martin also told of talking to Mrs. Buffum regarding her hunband's death and testified that she told him that Buffum had been drinking heavily, Sheriff John C. Dempsey and Mrs.

Edward Clancy, wife of the undersherIff, were each on the stand for only few minutes. They were questioned only regarding the packing and sending of packages containing articles from the Buffum home to City Chemist HIlL of Buffalo. Burdett Shaw, now of Perry, who lived on the Little Valley farm before the Buffums moved on it, described the water system used there. He said that there had never been any serious illness in his family while he lived there, but admitted that later one member of Find Stolen Automobile. An automobile belonging to Rudolph Warner, and which had been stolen from in front of No.

579 Elmwood avenue on Wednesday night, was found yesterday by Patrolman Pike of the Main street station on East Delavan avenue near Grider street. The machine was considerably damaged. The owner was notified HAS ENOUGH OF AMERICA: Tired of This Country Alter Pilipino Second Arrest. Jose Cardenas, Filipino, is thoroughly in disheartened country. with He his told experi- Judge ences this Maul :90 when arraigned yesterday morning for the second time in about week.

"I'm tired of this country." he said. "I'm going home. Which way do I go." Before being arraigned he was examined as to his. sanity by the police surgeons at the Pearl street station and was pronounced sane. He was arrested by Patrolman Collins on a charge of intoxication.

Rig dret arrest caused by he de -to have started in a saloon. He was charged with throwing one of his shoes through the window of the place. He was allowed to go yesterday with a warning not to make third appearance in court. KELLNER STRUCTURE STATS. City's Complaint Against Building on Kingsley.

Street in Dismissed. Justice Wheeler handed down decision yesterday dismissing the complaint of the eity in its action to compel John S. Keller to remove a small frame building on the front of his lot at No. 130 Kingsley street. In his memorandum Justice Wheeler says that although the charter gives the common.

council power to define the limits within which wooden buildings shall be erected, it does not confer upon it any power to designate the location of any building on the lot on which it is erected, nor does it give 1 power to pass ordinances regulating the location of buildings. The papers in the case show that the original application for a building permit stated that the structure wad to be put up on the rear of the lot, but that it was actually erected on the front. The removal of the building was sought by the city on the claim that it was a nuisance. The court on that point declares that "nuisance cannot be made one by mere declaration of charter or ordinance." OTHERS HAVE SAME DELUSION Aged Wanderer in Court Imagines He is a Lawyer. Samuel Durstin, 69 years old, was yesterday arraigned in city court on charge of vagranoy.

Durstin has a delusion that he is an attorney and he is familiar figure about the city hall. He refused Judge Maul's suggestion that he go to the county home. "I can earn money," he said, "and like to be free to.go where I please. Don't you?" why do you spend so much time around the city hall?" the judge queried. Why, I have to take care of all my cases.

I'm an attorney, you know. And I'm going to take an appeal in this case. I'm entitled to one and I'm going to have Without more ado he started to leave the room, but was caught by the officer at the door. "You see, I'm a little hungry, that's why I am in a hurry to get this over with," he explained. He scorned Judge Maul's offer of a ticket to the county lodging-house, which would have entitled him to a meal.

He pulled 32. cents from his pocket and said it was planty to buy him a good meal. Durstin said he came originally from Marilla. He said be had once been traveling-man. His relatives are nOW dead and he has no place to go and no money, The judge discharged him, but warned him not to appear again in Street Railway Employee has Leg Broken by Auto.

Yesterday afternoon while driving an auto on street near the Cold Spring car barns, Albert Mulroy of No. 22 Pomona place struck Joseph M. Mason, 58 years old. Mason stepped from behind a standing street car and was unable to avoid being knocked down. He was taken to the Sisters' hospital, where it was found that his left leg had been broken.

Mason is an employee of the International company. and. lives at No. 920 Lafayette avenue. Whalen Admits Robbery Charge.

Another of the gang which beat and robbed Immigration Inspector George R. Allen pleaded guilty in the county court yesterday, John Whalen changing his former plea and admitting a re duced charge of third-degree robbery. He will be sentenced today. Last week Justice Bissell sentenced Arthur Harold to serve from seven to fourteen years in Auburn prison for his part in the crime. BURR NICHOLLS, ARTIST, IS DEAD Man Well Known in This Coun try and Abroad Passes Away in Stamford BORN IN LOCKPORT His First Wife was Artist, Also, and They had Two Chitdren, who Survive.

WAS UNTIRING WORKER Spent Greater Number of His Days Abroad, Specializing in Venetian and Barnyard Scenes. The funeral of Burr HAIdAY Nicholis, the artist, who died on nesday at Stamford, will be held today from his former home in Lockport. Mr. Nicholls was born in Lockport on December 9, 1848, In 1884 he married Rhoda Holmes Nicholla, also an artist of renown, by whom he had two children, Mrs. Henry Marion Ward and Arundel Nicholls, both of New York.

On December 11, 1906, he married Josephine Lewis of this elty. After their marriage Mr. and Mra. Nicholts spent some time in Spain, returning to America a few years ago and living for time in Buffalo and then at Lockport. In December, 1913, they removed to New York and shortly after identified themselves with the art colony at New Canaan, where they made their bome.

Mr. Nicholls had been if for long time and a few days ago he was removed to the hospital at Btamford, where he died. He is survived by hie widow, Me son and daughter and a brother, Mark H. Nicholls of Lockport An artist to the core was Burr Nicholls. The greater part of his life wha spent abroad, where he studied in Paris with Carolus Durand and other artlsts.

He was an untiring worker and his specialties in painting were Venetian and barnyard scenes. He exhibited in the Paris salons of 1880, 1881 and 1882, his work WAS constantly in demand for art exhibitions in this country and examples of his painting are to be found in the Pennsylvania Academy of the Fine Arts, in the Waters collection of Baltimore and in the Dudley gallertes of London, alio in most of the leading art museums of this country. Lockport, May body of Burr H. Nichole arrived in Lockport today and the funeral will be held from the home of his brother, Mark A. Nicholli; Grant street, on Friday afternoon.

Mr. Nicholls studied under Sellstedt of Buffalo and Carolus Duran of Paris. He worked in Paris and Venice. His works hang in the Paris salon, Dudley gallery of London, Metropolitan Moseum of Art of New York, Peabody institute of Baltimore, Pennsylvania Academy of Fine Arts, Philadelphia, the Albright Art gallery of Buffalo and are among the collections of Andrew Carnegie and Johannot of Paris. Mr.

Nicholls and his wife were spending the winter. in New. Canaan, Cur when Mr. Nicholls took Ill six weeks ago. He died last night in his 67th year.

$as Fine for a Speeder. Herbert Westphal of No. 260 Broadway was fined $25 yesterday by Judge Maul for speeding his automobile. Under-Sea Pictures Manager Laughlin announces that there will be four performances dally at the Majestio theater, for the rest of the presentation of the Williamson Under Sea motion pictures. These performances will be at 2.15 o'olock, at 8 o'clock and at 9.80-o'clook, with a apecal -school children's matinee at 1 o'clock each afternoon.

The trip of 100 miles under the sea; the display of wonderful under seg beauties, the battle with the man shark, the. exploration of the old wreck, and the countless other scenes make most delighttul and most popular entertainment. Fish of all sizes and tamilies are seen in thousands, and one of the most exciting scenes is an encounter between one of the Williamson boys and a man-eating shark, the latter beAnally killed from. thrust. of a long knife in the hands of Williamson.

Imagination of this great feature picture will not suffice, and can only be appreciated when seen. Dr. F. N. Glover lectures throughout the performance and explains to detail the thrills of the entire journey on the bottom of the sea.

The First and Rest Sunday newspaper Buffalo, The Express. Leads them all. LONG PHONE Decide Today to Have Your Name in the Next Bell Book The Summer issue of this most important book in Buffalo goes to press May 20th. Your name- -our book, is combination that means profitable sales in your business. Bell Service in your business opens the way for telephone trade with 84.3% of all telephone subscribers in Buffalo.

Bell Business Rates are as low a 68.50 menth. Call us now, Seneca 19000, Commercial Department, New York Telephone Co. Telephone Building Church and Franklin Sta.