New-York Tribune from New York, New York • 12

12 Sf.LDEH WINS BIG SUIT HIS PATEXTS UPHELD. Judge Hough Says They Cover Every Modern Automobile. A decision which Kill have a most important hearing on the automobile Industrj'. handed by Judge Hough. in the United States Circuit Court, yesterday, sustaining the claim of George B.

Selden. that his patents have been infringed by the makers of the Ford and Panhard cars. The suits on which the decision was based have been pending for several years, and were brought by Mr. Selden and the Electric Vehicle Company against the Ford Motor Company and A. Duerr A the O.

J. Gude Company. John Wanamaker. the Societe Anonyme de? Anciens Etablissements. Panhard Andre and Henry A.

C. Neubauer. All of the defendants are either importers, sellers or users of the two types of The Ford Is an automobile of American make, and the Tanhard is a French product. Judge iiough holds that Patent Claims 1. 2 and I of the complainant are infringed by Ford people, while 1 and 5 are infringed in car? of th" Panhard make.

Mr. Selden contended that all three of the claims were infringed in types of automobile. It is over claim No. 1. considered the most important, that the bitterest fight in the ions pestdlng litigation has been waged.

This i- described as follow? The combination with a road locomotive, provided with running gear, including pro- Belling wheel and fteering media of liquid ydrocarbon engine of the compression omprislng one or more power cylinders, a suita- Me liquid fuel receptable. a power thaft connected with and arranged to run faster than the mit wheel, an intermediate or disconnecting and a suitable carriage body adapted to the conveyance ot persons or goods, substantially described. As- to Claim held to have been Infringed in the Ford machine. Judge Hough points out that it varies from No, 1 only in requiring the 'suitable carriage body" to be "located above the engine." The fifth claim pets forth pubstantiaJly the same combination, but describe!" specifically the engine as comprising a plurality of cylinders with pistons arranged to act In succession during the. rotation r.f the power shaft.

Judge Hough tayf in bis opinion: This Ftatement of position seems to chow that the subject matter of these Is the modern gasolene automobile. If thesn defendants infringe, it is because complainants own a patent 6O fundamental and farreaching to ewer every modern car driven hy any form of petroleum vapor, and as yet commercially This statement of Judge Hough toasted upon a. fignal victory for the Hta patent and will have a far-reaching effect not only upon the Ford Panhard but all others using sasolene as motive power. As further tending to uphold the contentions ft the of the BetdMi patent the following eloping marks- of Judjre Hough Ml of special significance: No litigation closely these shown to the omrt and no instance is known to me of an idea beinr burled in the Patent Office until world caught tip to and passed it. and then embodied la a patent only useful for tribute.

But are granted for inventions. The may his discovery, or he inav not. but no one eit-e ran use it for seventeen years. That seventeen years begins whenever the T'nitml States so decrees by its patent grant. That applicant for pattnt rights aoqokaeces In delay, or desires delay, is immaterial to the, courts so long as the statute lair Is not violated.

On these principles complainants are entitled to a decree. It I correctly apprehended it there was clearly room for a pioneer patent, and it mm held that on its fare and In view of art Selden's Fuch a patent. This means that SeMen hi entitled to a broad range of equivalents, and this rule as applied here results in this "Was (or any one entitled In to appropriate as one of the elements of any combination a. 'liquid hydro-carbon pas engine of the compression type'?" American manufacturers who will not bo fcdversely affected by this deriFion are the licensees comprising the Association of Licensed Automobile Manufacturers, as follows American locomotive Company, Apperson Automobile Company. Autocar Company.

Bulck Motor Company, Cadillac Motor Car Company, Chalmers-Detroit Motor Company, the ColumMa "Motor Car Company, Corbln Motor Vehicle Corporation. Elmore Manufacturing Company, Kveritt- Metxger-Flanders Company. H. H. Franklin Manufacturing Company.

Haynes Automobile Company, Hewitt Motor Company, Hudson Motor Car Conspany, Knox Automobile Company, "ompaTiy of America, Motor Company. Mathrson Motor Cat Company, Packard Motor Cur Company, peerless Motor Car Company, the Pierea Arrow Motor Car Company, the Pope Manufacturing Company, Royal Tourist Car Company. Alden Sampson. rd. Selden Motor Vehicle Company.

K. 1: Company. Company. Rtudebaker Automobile Company, K. R.

Motor Company. Toledo Motor Company. Automobile Company. Waltham Manufacturing Company, Wlnton Motor Carriage Company. COAL COMPAXrS SCIIEM Witness in Government Suit Tells Hone Wyoming Land Was Conveyed Further details of how thousands of res of land in Lander County.

were acquired ay the Owl Creek Goal Company were elicited yesterday United States Oommlesioner Hitchcock from Rnfus T. Ireland, one of the four men whom the government seeks to have removed to the Western state for defrauding the government out of valuable coal lands. Ireland told how Alfred Sully, one of the quartet the government Is after, first broached to him In October, 1905, the formation of rha coal company. That was In Amltyviiie Ireland lives. Ireland took up the matter and it with other residents of Anmyvill.

who had taken title to land in Wyoming, advising them to take stock in the projected coal company, as It would be to their interest. In November, IMS, the company was incorporated a capital of jano.GOO. the shares Wine valued at 31 each. Although the holders of land paid $10 an mm to the covernment they received $610 worth cf stock to the- company an acre. Frank T.

Wells, of Amityville. Mr. Ireland said, executed the lands conveying- the lands. Wells is one of the four men removal to Wyoming for trial Is sought. Mr.

Ireland denied emphatically that either Wilberforce Sully or Alfred Sully, the other two men Implicated In the deal, had ever been stockholders in the company, although Mas. Myton, of Amltyvilla, a sister of Alfred Sully, was a corporator of the company and acquired 2.500 shares by purchase. Mrs. Myton. aald Mr.

Ireland, had advanced to take op the lands for the various cntrymen and had loaned the company $40,000 to begin operations. Bkitriea in the stock ledger of the company showed that the entrynten had received sixteen of stock an acre of land held. Must of them transferred the stock later to Ireland for $10. Ireland got 10 per cent commission. United States Attorney Buries contended that the entry men stood to loose fJW each on the transaction by the transfer Of their land on the basis stipulated by the company.

The proceedings will be continued today. POST YOURSELF ON THE TARIFF Secure a copy of the Full Official Text of the New Payne Law, with the Concurrent Resolution correcting the same. Approved August 15th, 1009. Substantially Bound in Pamphlet Form and Indexed. ISSUED BY THE NEW YORK PRICE 10 CENTS SENT BY MAIL.

OR CALL AT THE TRIBUNE OFFICE 154 NASSAU ST. PRAISES CUBAN ECOXOMY. Minister of Finance Tells of Rise in Stocks and Coming Big Sugar Crop. "Las Xovedades," the Spanish newspaper of this city, publishes in its issue of to-day an interview with Marcelino Diaz de Villegap. Cuban Minister of Finance, who Is In this city to recuperate his health.

Sefior Yillegas discusses optimistically the economic situation of Cuba, saying that few countries could have overcome the vicissitudes through which the Island has passed and show the same good prospects that Cuba to-day enjoys. tie predicts the largest sugar crop this year in the history of the about 1,600,000 and tells of the satisfactory underwriting of the last Cuban loan. The increase in the value of stocks which the minister points out Is a favorable augury of the continued stability of the present government and the Industries of Cuba. Sefior Villegas The professional Fkeptics who prophesied thrum of Culm as soon as the country was put In rharsre of its legitimate representatives must be Fuffering a very fitter deception by. reason of the prosperity in all branches of Cuban production.

Our republic not only has fulfilled all It." current as per Us budget, but had money enough to the great nmount demanded for the organisation of a new army and the monthly expenaea of Its personnel, the new places created in the civil service by the provisional government In days of itn administration, obligations which w. re left for the new government to fulfil, well as the creation of new secretaries. During the seven months of self-government there has been collected 11.1M.e00 more than in corresponding months in the previous year under the government. Sefknr Villeins said regarding the tobacro industry and Hie plan reform the Cuban tariff schedules: As the planting of tobacco not begin generally until the month of October 1 cannot say anything about the next crop The Cuban leaf hi sold without any difficulty, but for several fears this Industry has been suffering from a drop in cvr revolutions and the unjustifiable strike of tie tobacco workers have been responsible for the manufacture of In quantities in other countries, especially In, the StHles. ASKS MOTHER'S RELEASE.

Daughter Charges State Hospital Attendants with Cruel Treatment. Justice Guy Issued yesterday a writ of habeas corpus directing the superintendent of the Manhattan State Hospital, on Ward's Island, to produce in court Mrs. Mary Ritchlnsky. an inmate of institution. The petition for the writ was made by Sarah Ritehinskv.

of No. 752 Itn street, a daughter of the patient, who declared that although her was held as ins.i:;.- she was a sane woman. The daughter also made charges of cruel treatment against attendants at the Manhattan State Hospital Miss Ritehinsky presented an affidavit from the family physician to prove her mother's sanity, mid told an interesting story of how her mother came to be committed. On May last, said Miss Rttchlnsky, her mother nnd He. .1 grandmother, Dora Lux, were arguing over a portion of the laundry to be delivered which was missing, when the lanitreaa interfered.

ailing a policeman, ho caused the mother to carried away to Bellevue. Notwithstanding that h. neighbor, the owner of her own residence, offered later to provide Mrs. Rttchlnsky with a home, Sarah Ritehinsky pays her mother was committed on May 29 to the Manhattan State Hospital, "ii Ward's Inland. The daughter said that she.

vis ited her mother on August 28. Boptember 11 and on other dates In the institution, but always In company with other persona; whose, affidavits are also offered in evidence, am! that upon these occasions Mrs. Ritcnlnsks made many harsh charges against the institution. "When I cry." reads tlie petition, quoting the mother's conversation with the daughter, "at the Fame asking tie nurses in charge to send me home, they hit and choke me, and poke me with a bunch of keys which they carry with them. They also tie me up with some sheets and leave me on a bare mattress all day without any food.

If I cry too much the nurses force down my throat some water that smells like gas. It leaves roe so dizzy that 1 cannot stand on my RAID ALLEGED POOLROOM. Thirty- four Men Arrested hif Police in Oreenwich Street Building. Thirty-four men were arrested, a telephone, a sheets and $234 In money were con- Bacatod in pottos yesterday afternoon In an alleged pooirooni the tirst of a building in Greenwich street, near Morris "aptaln K.l-ward two patrolmr ajid four detectiven the raid OB the which is" sai.l to liave opened up only two days ago. Captain Gallager, lifting a heavy axe, smashed In tlie locked main door and simultaneously I'airoimen McNifh and McMurray smashed away the side, door and the entire erjuad of police rushed 111 and announced that all those in the room were under arrest.

Many sheets showed, the police say. that betting was going on in connection with the races at Gravesend and Windsor. Oat. The raid attracted a large crowd of curious spectators iii the Ftrett below. The Fulton street patrol wagun had to make four trips to carry the prisoners to the fetation, and requiring considerable time, this constantly to the crowd and increased the excitement.

At the station house. Alf''d Mandunsky, of No. 236 Kast 141 street, and Samuel Ross, of No. 142 Beosnd avenue, were charged with keeping and maintaining a poolroom, they being the reputed proprietors the place. The remaining prisoners were charged with being common gamblers.

Captain Gallagher said that on Tuesday he received information from a private source that a poolroom was being opened la Greenwich street, near Morris. We put men on guard and by yesterday afternoon had satisfied himself thai a poolroom was in full blast. ARCHITECTS' CLAIM SETTLED. McKim, Mead White Get $32,945 for Plans for Brooklyn Borough Building. Controller Men, acting on the advice of the orporation Counsel, lias approved an offer of judgment for to McKim.

Mead A White, arclil- tects, for services in preparing drawings, plans and specifications for the proposed new municipal building to be erected in the Borough of Brooklyn. This amount is full settlement of a claim filed on November 16, 1906, when the firm began suit. The adjustment will cave the city A la the opinion of the Corporation Counsel, who holds that the claimants undoubtedly would have been successful in their suit. Preliminary plans have already cost the city $30,000. Iflll'lllUll I 'resident Coler refused to accept the 1 plans of McKim, White on the ground that they had tit-en irregularly ordered to do the work by predecessor.

Martin W. Littleton. The Corporation Counsel declared that the employment was legaL He has since refused to approve a contract drawn by Mr. subordinates, with Lord Hewlett, another firm of architects engaged In connection with the municipal building plans. NEED OF AN ALCOHOLIC WARD.

I State Prison Commissioner Asks for One in Brooklyn Hospital. Albany. Sept. Henry Solomon, vice-president of the State Prasaa Commission. In a report to the commission on the city prison In Raymond street Brooklyn, complains of lack of accommodations i lor the care of persons suffering from alcoholism.

"I found." he. says, "a very serious state of fairs In existence in regard to the arrest and detention of persons suffering from drink delirium tremens, it bting absolutely impossible, with justice to them or satisfaction to the authorities to care for such cases in a proper manner. I have no doubt many an Individual has gone to hie death elmply because there is no prison ward in any hospital In the Borough of Brooklyn. I suggest that this matter be immediately taken up by the. Commissioner of Charities to the end that an alcoholic ward be installed with as little delay as possible in the Cumberland Street Hospital, it being a legal as veil as a humane necessity for better care and improvement of the conditions of these unfor.

wnate rertons." NKW-YOKK DAILY Till "IJSDAY. Tl. Blfi ON CITY Eleven and a Half Millions for "Extras" in Subway Construction. The Interborough Railway Company and the Rapid Transit Subway Construction Company have demanded from the city for "extras" in subway building. These demands became public yesterday, when the Public Service CommlFslon asked the Board of Estimate, for $150,000 more to meet expenses daring 1909.

and explained that the additional work was due largely to the need of investigating the claims of the subway builders. The commission explained that It had beep to a larpe expense in efforts to Arbitrate these claims, preparation, analysis and presentation of evidence having required a considerable force of engineers and lawyers. The Interborough asks extras amounting to on the construction of the subway In Manhattan and The Bronx and extras for the Rapid Transit Construction Company, of Incurred in the construction of the Brooklyn tunnel and branch. Other additional expense, the commission nays. has been Incurred in the appraisals of the properties of the street surface lines in Manhattan and The Bronx and In Brooklyn.

These appraisals were necessary in view of the transfer and 5-cent fare The. commission asked the Board of Estimate and Apportionment in December for to pay expenses for the year, the figure being less by several hundred thousand dollars than for the year before. The commission informed the Board of Estimate and Apportionment that it could give no idea of additional sums which would be required during the year The Board of Estimate- and Apportionment allowed the commission $800,000 In the budget, with promise of such additional sums as might be needed later. The contract for the Brooklyn extension of the subway called for an expenditure, of $2,000,000. "When 'the number of tracks in Fulton street and Flathiish avenue was increased from two to four the contract price was raised to J3.SOO.CH>!.

In addition there were spurs for the proposed Lafayette avenue and the Fourth avenue construction not included in the original contract and a double-deck subway on the Flatbush avenue line, that was an afterthought. MR. PULITZER PAYS YACHT TAX He Is the Second of Forty-four to Comply with the New Tariff Law. Joseph Pulitzer's steam yacht Liberty was freed yesterday from the of seizure for nor. payment of taxes by the owner's act In forwarding a check for $11.:49 to Collector Loeb.

Mr. is tho second of the forty-four owners of foreign built yachts to comply with the regulations of tariff law. IJke Frederick Oallatin. the owner of the Riviera, who was the- first. Mr.

Pulitzer elected pay th" tax of $7 a ton instead of the rate of SS per cenl ad valorem. The Liberty J. regiatered as of 1.60T tons. It was designed by "ii. Watson of Olaagow.

and waa launched at Lelth. Scotland, Yesterday was the last day for the yachtsmen to pay their taxes, at the Hosing hour forty-two out of the fourty-four had tailed to answer to the call. Many of the owners are said to be disposed to fight the imposition of tl a tax as unconstitutional. Those who have failed to comply with the regulations will reported to the law ment of the Custom Hoiise. Should they still refuse to settle, suits will be instituted by the Cnlted States Attorney to recover the of the taxes.

MRS. CASTLE GOES FREF, Grand Jury Fails to Indict Woman Who Shot William B. Craig. The grand jury disnilttsed yesterday of felonious assault acahft Mary Feott Castle, who on August I shot William B. Crals.

a lawyer at No. 2 Rector street. In the Waldorf- Astoria. Judge Malone then dismissed the ball In the sum of $3,000 in which Mrs. Castle was held by Magistrate Butts in Jefferson Market court.

The grand Jury's reason for dismissing the charge againftt Castle was not made known. Captain Henry Harrison Scott. V. of Fort Morgan, Alabama. Mrs.

Castle 1 brother, to New York shortly after the shooting and Interested himself in her behalf. He visited the District Attorney's office some time ago. and ii is believed tlmt the charge was not pressed actively in view of extenuating circumstances presented by Captain Scott. Mrs. Castle met Craig near an elevator In the hotel, and after a.

few with him drew a small revolver and fired at him. Tim bullei struck a fountain pen In his pocket and the lawyer was not injured. PROBLEMS NEARER THAN POLES Hugh Gordon Miller Urges Importance of New York Harbor Pollution Conference. Hugh Gordon Miller, Assistant Attorney Qeneral of the United States, when seen at office yesterday about proposed New Fork Harbor pollution conference, which was to have been held at Albany, but which was postponed for two weeks, this to say: "There are great scientific and engineering problems for Americans to solve nearer home than 1 1 1 or the South Pole. The men who lead th" way to a scientific, practicable and comprehensive solution of the New York Harbor pollution problem, will do more for this country an.l humanity.

and for the cause of science' Men now so much than any or all the scientists who are able to reach the pole." The of Broiui River Valley sewer and Uncle Hani's representatives In the Engineering Department of the government will get together probably In this city. In about two weeks and discuss the recommendation of Colonel M. Black, chief engineer officer of the Department of the East, that sewage be treated artificially before it it poured Into the river waters. CHICAGO GRAIN AND PROVISIONS. Chicago, Sept.

IS. -Considerable strength In the wheat market here to-day, following a weak tone at the start, the distant deliveries displaying sap 111 firmness. The September option was neglected and showed little tendency to follow the upturn In other months. The weak opening was due to decline of '4 pence, to l'j, pence at Liverpool and to continued enermooa receipts in the Northwest. A lending vator Interest wafi a froe early In the day, but demand was active and prices soon rallied nearly lo tor the deferred months.

quotations were to to lower, with December at to SSW. After touching the price of December advanced to The market became weakvluring the last half of the day owing to liberal sales of the September option by caxh interests. December declined from S9'ic to Me. The close waa we.ik, with December off at to December corn opanod to 'ie lower at to 60c, and advanced to The market continued firm remainder of the. day.

The high point for December w.ik tin The close was firm, with December up 'no it 60.4-.-. Oats showed little response to upturn In wheat and corn. The December delivery opened unchanged at and sold up to to Prices of provisions at the opening were to 20c lower. EUROPEAN PRODUCE MARKET. Liverpool.

Sept. deeinj): Spot dull No i red WeMeui winter. nu ief S.n-t-mb»-r. December, 7b March 7s" 7 lid Spot steady; new American mixed (via (lalvla. ton).

futures quiet; October. As December. Ss Canadian, no stock. FI orp Wloter patents dull. Ms Sd.

HOPS in London (Parifle Coast). tlrm. Ba. IndU firm. Bis a.l.

Prime, Western iiornTnll Bhort rut. 14 to 1H Ih, utronr.tlta BACOV- Cumberland cut, 2U to Ih. lifts short rlh IK to 24 ib, long dear middled light to 84 lb. clear middle. "heavy R5 to 40 Hi.

short clear backs. stronr. clear bellies. 14 to 16 lb stronir" TOY to 13 lb, stronr Mm Prime Western, in steady Mi American reflned. In pails, dull.

3d enrrsr Canadian finest white, steady, Bfls; Canadian flneii GOVERNMENT BONDS. The following shows yesterday's closing quotations for government bonds, compared with 15 V. P. 2,. registered.

W30. A A a U. c. coupon. 10SO V.

a. is. 101 U. 8. 3s.

coupon. 1908-1 5. ioju ioii? i'ST? V. 8. 4e; regfttered.

1925 11S JL 102 U. 6. coupon. 1983 11714 Panama 2s. rejristsred 101U Pasinm If, coupon.

101 DR. I-LIOT AT ITS HEAD Formatioii of Xationai i ssociation An mm need. Sep. WaNor L. Fisher, of Chicago, president of the Conservation league of America, to-day announced completion nf the formation of the National Qotuwnattoa Afaclatloa.

with Clwriea W. BHot, "resident emeritus of Harvard I'nfversitv. as provident. announcement Is made in a letter from Mr. Fisher to President Taft.

who la an honorary vicepresident of the. Conservation The latter organization, Mr. Fisher states In letter to President Taft. will remain available for such work In the. future as its members may desire to undertake.

purposes of the National Conservation says Mr. Fisher in his letter to the President, "will to unite In one great national organization all those who desire to give their personal Influence and support to the movement which the name of conservation has come to mean so much for the future of our country." In his answer to Mr. Fisher President Taft expressed the fullest approbation of the new organization and enrolled nlmself as a member. It is believed that the new organization will go far to harmonize and unite all efforts, individuals and other organizations in conferring the Nation's natural resources. The constitution of the now association contains a specific declaration of principles.

It is state.l in the preamble that the principles were taken it rectly from declaration unanimously adopted by the conference of governors convened by President Roosevelt at White in May. On the subject of land the recommend: "The direction of public attention to the need for preserving the fertility of our soils, and thus protecting the future food supply of our Tope. "The enactment of legislation whereby the titles to the surface of public lands and tQ the minerals below the surface shall be granted separately, with every appropriate facility to miners to acquire such parts of the surface as may be needed in the development of claims." Headquarters of the new- association probably will be opened at New York, 'it is stated that ample funds been DKIXKS POISON IX CAFE. Salesman Leaves Note Telling of Health and Business Cares. Tn cafe of the George Hotel.

No. IT Bast. 27th street, where it had been his nightly 'i-tom to take a lunch and drink before retiring, David W. Clark, a aalelipan for Flood Conklin. Newark varnish manufacturers, drank cyanide of potassium early yesterday morning and died before nny one In crowded room could even prevent till falling from his chair.

'lark was fifty-eight years old. an.l lived a furnished room at No. Kast 2sth street- and worries had him, however, were responsible for his death, according to a laconic note, he left for note said I To the Coroner of New Have taken cyanide of potassium. Reason, btiatnwis, an-1 lltire of health. it A.

M. AMer Creek, County. N. T. If he not at above M'lr.

I his home. I my body for Reference, Si Natloi Fifth and 2 th s.tr**.t. When he finished the A beer, hilt changed It to a whiskey with He to pour Into the a few from a and he -i it he a face to the jsijslied look of the waller: for mv hloorl, It'll too." A score of reveilern Junt retiirncd from Coney Isianfl were and IftUKhtns in when Clark fell to the, floor, these RTf hushe'l Into awed alienee They crowded around him. hut mly in time to i-e ffi'-ljer of a distort his lips. STEAMSHIP REBATE INQUIRY BEGINS Federal Grand Jury Receives Information from Two Officials.

The nr-t formal Into the. InrtStlfation i the thai certain traaamtlaatlc ateamahlp Itnet In combination with rertaln American rail hybtrms have been the forVilJdluK thr an.l receiving Of re- batea on freight were i.ik»-n yesterday, I when the evidence possession the govei nmenl was IsidJ before tin- fetleral Jury by As- alatant i Attorney Crim. Several wltneaaea were examined, among whorfi neif aM to two onirtals of the Holland- Amer- lea ijr-i whore have been mentioned in nertlon with the alleged conaplrary. Mr. v'rim re- fused make known the namee the ineaaea, hut at the of the it was raid that Adrian manager, and William Van Doom, as- distant manajfer.

of the line. "gone to cow FIGHT DUEL WITH AXES. Husbands Gash Each Other as Wive? Squabble i Over Ownership of Firewood. Two men with axes fought a duel yeeterday In the yard of their in the. rear of a live itory tenement hnuse at No.

WallH- bout street, Witllaroaburr. viewed by many women children. Not until one of the men fell unconscious with fractured was the slopped. They were Michael Perrta Patrick Romo. The wives of the men had wood In the yard, when dispute aroee over tlie ownership of a piece The husbands, hearing the squabble, took hand In It The niea of women and children attracted Attention of Patrolman of the street citation, who bad Romo taken to ire Will- I iamsburjr Hospital.

Perrln. after Ins were, treated, arraigned In the Bedford avenue pc- Uee court and held to await the reamli o( Homo's injuries. MORRISSEY ACQUITTED IN COURT. Theatrical Man Failed to Get Proper Certificate Under Which to Solicit Subscriptions. James W.

Morrleaey, theatrical manager, lir- IriK at No. West 83d ureei. was acquitted by I the justices of the. Court of Special yestcr- day 011 the charge that lie hud operated a business without riling it proper certificate with the County Clerk. Morrisray'a arrest arose over his collection of subs.rtpttonß to, a memorial to Joseph Jfffernon.

the actor, and yesterday the matter was settled without either liorrlaeey or Tbomaa Jefferson, non 1 of Joseph Jefferson; called to the stand. Although MorrlKsey originally ha.l been authorized to solicit subscriptions. Thomaa Jefferson an.l his mother, Mrs. Sarah objected to the coin- mUwton of 23 per cent which Morrloaey was taking i for his services, and. It Is said, wrote to persons who had contributed to the fund a.skinjr them to give the plan no further aid.

MARINE INTELLIGENCE. MINIATURE ALMANAC. Runrlre 7:21 (Moon's afe HIGH WATER. A. Sandy Hook Irland Ckmtat 10-Jto P.

Hook Island Sat 2 Ilia? WIRELESS REPORTS. Til- t'ampanla, reported as 1,155 miles saat ef Hook noon yesterday. la expected to dock Saturday The Ht reported ax 1.237 miles east of feaei "re'noo'n 2p expected to dock SatuMay The. I itonla, reported 193 miles cut 0 fandy Hook JL expected to dock this mornlnr The dl Plemonte. reported 243 miles east of Jest rd Is expected j.

a dock thla faortnlna. reported as 2M miles east ef Sanav Hook at a yesterday, is expected to dock this nufm- The. Martha Washington, reported as 780 miles cast of INCOMING STEAMERS. TO-DAT. Ve From.

Ant111i. Mornui New Orleans. mtaotbar 11 So Pae Jacksonville. September 13 El Sud September 10 So Pac Taofmlna. September 4 FRIDAY, SEPTEMBER September 8.

Haiuiij. Wart Gibraltar. September 7.. Star El Xorte Gal vemnn. September 11 So Pac l'y of Savannah September 14 Savannah September 9 Martha Palermo.

September Austria s.vTr-Ri>Av. SJnrTEMBER September 11 r-unard t.orraln» Ham. September 11 Havre n. September 11. American Hal! Hull.

September 4 SeptPmher 9. 12 I Manzanilln 1O Ward Newton Hall Barbados. September 10 September IS Bl Mar September 12. So Paolrtc mall. OUTGOING STEAMERS.

I Mai! Veaaet. Yor. Line. Balls. I.a French Esperanza.

Havana, War.l a Frutera. Co Claw Scand-Am. Bremen. Rremen. Lloyd W.OOim City of t'u'umbus.

Savannah. Savannah RIP AT. SEPTEMBER 17 Prini Jamaica. Projrreso, Ward 3:00 Mohawk. Jacksonville Clyde Alfred Uumcis.

Puerto Plata am 7:00 SATURDAY. SEPTEMBER 10. Neir York. Southampton. American 6:30 a 10:00 i Deutarhtaad.

Tlamburgr. a Arabic. Liverpool. Star. in Zulla.

La Guayra. Red P. a in 12:00 oa mo. Porto Rico, FB a Rerraudian. Be rm ads, Quebec 11:00 a Plblria.

Harti. ro 11 am M-rrro Castle, Havana, XVard am Oruba. Jamaica. RMS QtaaajDW, Anchor Minneapolis. London.

Atlantic Antwerp. Fed Star Abrurrl. Naples. Italian T.a Havre. rr-nch li.V.m City of sat-aenah.

TRANSPACIFIC MAITJt. and (I'wlnN. T. Japan, orea an-i China Kumert-- y. 1v Hawaii (via Htlonlan Sept IT, nn Hawaii.

China Philippine Islands tvia San Asia. Sept 15. Zealand Australia 'except laianda and Caledonia Ban Century in so -r Guam and rhlllpjtne. Inlands (via San transport Sept 6:30 Hawaii. Japan.

Crrea and China (via San Mongolia Sept 30, r-. Japan. China and via Vancouver and Victoria. Empress of 1, Australia ie TTerti. Fill Islands.

and New Zealand (via. Vancouver and Victoria. 8 3.4:30 pm Tahl-i. Marquesas Inlands. New Zealand San Port of New York, Wednesday, Sept.

15, 1909. ARRIVED. iba Southampton asd August Barbados 31. TrinHad September I 4. II Colon and Jamaica.

11. to Boa 9 maim ar4 Arrived at the Bsr at m. S'-anier nth America Waetaenti June 24. 'v Antofairasta July IS. Cororei 8, Ft laicia 57 and Norfolk Se 14.

to. A Arrived tn" Par at I in. Kteacae' Wifta I an-1 I T. Ham I with caMn. rMri and Arrived the Bar 2:20 'a e----" September 1, to ronti wM and mdte.

Ip. Sandy Tlook at (i Steamer Oerwia 2 Naples 4. In fairly pm. HutVulwi Purr's. Eleven her 14.

to iiarher baJlan. Quaranttaa at ry nteamer Blake. 27 PnHadetphla to the Amerl'-in-Hanallac at the Mr at 2:15 Punreii. faU-u'ia 2T. ft.

21 I 27. via Boater It. Norton Son. wua mdvt. Arrived 1:43 ftramer Monroe.

Newport and Norfolk. and, ht m. tt'arp-r Ck4Ulac MeKa June 57 i. Fahai P'Trban 25 and Nordenhatr j. ft pMlip Ktirrechl.

with Arrived a 1 Har wi. Narrara.i!«ett J-r r. in I'Mlip F. ---cnt. with aard Arrived at naf at m.

Steamer Philadelphia to Ba In Quarantine ar i i a m. Arm. Jiydnej-. F. via Perth 15.

to the Imo aid Co. with tndaa, Lefi Quark.nt!n» at a m. steanmr Majestic Fonthampton and pepteaiber and Queenatawn p. to T.lne. with cabfn and 871 nidne.

Arrived at the Bar at ft am. 'nmer McTntoah. September and Weat 11. to the Malory Co. with an.i in lea.

Quarantine at a Steamer O'Neill. Qlhara September T. Puerto Padre- Nueritaa an' v. a fin with passengers and Arrived at the Bar at 1:43 a m. Steamer Prlr.rtp* dt Ptemonte (Tta)t.

Pemenlconl. flea Naples 2 and Palermo Z. to with cabin 722 paaaensers and Arrlve.i at the Ttar at 7:30 m. Book. J.

Pept leV 0:30 in Wind moderate breete: cloudy; sea. Steaniera Adriatic Vanretanta Liverpool: Naples: Pennsylvania IJllle Hanev Amelia 'Pry. Port Point Florida Huron. Ravar-o 'Cubans. Havana; Allianca.

Cristobal; Hamilton Bahia: CTtesapeaVe. Palttmore; Anne. Norfolk: Brazos. t'Salvemon: Lampasas, Mobile; Antilles. C'rltans; Jamestown.

Norfolk. STEAMERS AT FOREIGN PORTS. ARItIVEP. Pl 3 niciiih. 15.

7.50 a Teutonic New Tort for Chtrboora; and Southampton. Sept 12 Roma New Tork Naples. Auckland. Sept nannockMim New Tun n. ivrt Natal, Queem 15.

9:50 a Carenia New Tor. Srpt L. Colon. nnd New noon. Kaiser TCllhelm II iGeri New "icrlv via 1:15 m.

Oceanic York vta lU'l t.al"ian. IS Harford from New Tork via Tort Natal for Hint: Kotif from New TVt'-c hlna an.l ir Rio to Janeiro. 13 Italian Prince 'Fri New Tork. 14 Indraniura iPri. TorV.

A'hlnal New Tork. 13 New TorW. RlVfr Plate, Richmond New rAsasr UzarJ, 15, La New TorW f.ir iravre. Crow II Thes is New Terfe toe Amusements. nirr uunUmt Ev at tv aac to jt.ii>.

I YPIP vs Whitney I niU WcJ. The kocalato Soldlrr. orufry The Ateltlnjc Poi! UUWtUT. walker li, The MelMag fit. low Fields BjseaM Evrs.

Sat 2 IV Last Week. A 11KOKKN IDOL, with Otla Harlaa! theatre Char lea Rlrbmaal SOtti. nr.H'way. l.v. The i THE BUTE MOV AC.

Bl A Xv I Tni: 'M'pmuut sons in Rvs.S:IS.|JA?. T. powers UelOinU HAVANA. HACKETT riIE a Elsie Ferguson SUCH I LITTLE QUEEN MA if TIP Evr Wed and 2- IS IKlflJtO lib BjVTKS in THE BlUlH.t DALY'S Evening, at 1 I URL I Mats. Wed.

2:30. DILL I LINCOLN CfiQ Mat TUB SQITAW LInUULW Cjjn. Nut Week-The Witehlng Hour. West End Mat. Sat.

TUB MOTOK GIRL, iteSl tnU Wk. Charles Klchman In Th- MANHATTAN Prelimln.ry Season Grand Optra In Trench and Italian. OUC- To-night at 8. Prophet I.aema>> Fri DoubU Bill. Bjftra tn PaViiaecl- 2.

(rec. nti-kT Next Week's Sale Opens To-day a. Tator neyular Season tJuhitcrtptlon Now ACADEMY OF MUsTc ITALIAN GRAND!) PRICES OPERA CO. 50c to $1.50 To-nl ht-lA Bohetne. FrtJLr.dV* Sat.

it 2H. Travlata. Sat. feanday Concerts. Price 25-80-TSC.

Tl St WIT ETe.S:I3. FRANCES STARR BELASCO IS MATRIMONY A FAILURE? HAMMERSTEIN'S ceo; beban- cc. Mr. 4 Mn, Birn- 4 Cs. All trails lead to us these dart Fall outfitting Men's Fall suits, £.3 overcoats, evening clothes, raincoats and mackintoshes.

Norfolk, double breasted. Russian and sailor suits, top coats and complete school outfits. "Stetson derby for which we are sole York agents, our other time-tried derbies. "Victor Jay" derbies from London, English cloth hats, Stefan soft felts. Furnishings Shirts, underwear, hosiery, neckwear.

Shoes Every last and leather men and boys wear anywhere, beside specialties as the "Cushion," ion." 'Double," and shoes. Hogebs Peet Company. Three Broadway Stores at at Warren st- 13th st. tttirt. Bf It I I 1 1 "Bhot Atcha" Ocr East IMhaa Furniture Polish A article for polished rartacea.

130 and 133 4M St. NEW LMDIMi ASD WCCtasW ErVT and 40th St. Eve. 8:13. tL.

11 i-i sl Mat. faturda-r. WEEK OF "JACK JOHN DREW I NEXT TTESOAT. MR. DREW tn Seats M.

I IXCOXSTANT QKObMsI MiIuALnSUuALn B'war. SBth Bveaata, Matinee Sat jrtav I. nvORTH POfBLE THE "Harald. THE DOLLAR PRINCESS AN AMERICAN WIDOW Street, near B'wav. Evwt Saturday.

2 PLAT TftAl 1 IS MAKING ALL. NEW TOKK T.MK. 1 Eve. Journal. HATTIS WILLIAMS "jgSST CRITERION FLAG LIEUTENANT NEXT MONDAT.

ROBERT In To-day. THE NOBLE SPANIARD VOCIIU near B'way. Evea. at LTuCUill Mats. To-.

2 IS. ARSENE LUPIN XEXT I SEAT SALS MARGARET ANGLIN THE AWAKENING OF HELENA RIOHIE NEW AMSTERDAM TirEATBE. 42d Sam SAX Mats. and Sat. at 3:13.

HBNRT W. SAVAGE niir nunr Peer gLOVE CURE I IRFPTV TIIE-VTBE. 42d St. 'West of 1.l I 1 MatJ Wsd. Sat.

2:13. LILLIAN RUSSELL THE WIDOW'S MIGHT fiAIFTV THF.ATRK. St and B'war VirllL. 1 I a 9harp- Ma and 2:14. Irn-Tag Play of Season." TH.E FORTUNE HUNTER With JOHN BARKYMORR NFW YORk" B-war and 43th St.

at -'I Drury l.an« Pramt. I SINS S. SOCIETY I TifEATRR. Broad-way aad ems F.vea,S:l^. Mats.

To-day and Rlaw I aasjatag IN HA VT I JOE WEBER'S and St 8:13. JUt WtDtn 5 sxata. WeO. and SsL. 2:13.

The Climax I nc wiirnax no ASTOR SfSS. I HODSE a THE MAN FROM HOME I Evga. Soara. ffaLLfIUIVO Matlneea an.l Sat. 2:12.

THE ASK THE DOLLAR-MARK The Flay That All yew York Tasklag I Kill SOth. L.ut BIJOU A CB.M-UOIAN FKOAI I COLONIAL Blene, i.ouiw Koosey tIULUnIAL Bmt. Alfred Kappelff i AodreT MAT. U.ULY. Ssc.

Maasa. JasH Trio, esa II UlUDri I yora Mr-worth. ALnAMor A Minnie nupree James HarrUan. ctHen tUClii Ctaomatorrioh Hour. MUSES' ol.