The Brooklyn Daily Eagle from Brooklyn, New York • Page 16

v. 16 THE BROOKLYK DAILY EAGLE. NEW YOEK, WEDNESDAY, OCTOBER 26, 1898. 1 A NEIGHBORHOOD QUARREL. DR.

ABBOTT INDISPOSED. YEARS OF LITIGATION WHALEN'S RULINB UPHELD BT COURT Of APPEALS. LOO PAYN PREDICTS A BIG VOTE UP STATE, CRU1KSHANK CASE DRAWING TO A CLOSE, exaaniciaJione no mental examlnaition is exacted of applicants for places as laborers. If the bureau is wipod out of existence, as Is now anticipated, men registered as laborers 011 public works will probably be chosen by the old system of recommendation by pol'ita leaders, 'iach district will be entitled to a cartaim jxvw.iaraso of appointments. Which will bo made on recommendation of the recognized leader of the district.

Such a system it: invaluable in present tag opportunity to re Overwork Has Somewhat Impaired Hie Health Engagements Postponed. The Rev. Dr. Lyman Abbott, pastor of 'Plymouth Church, who haB been away filling out of town engagements, has been forced to return to Brooklyn, somewhat broken down in health on account of overworks. He preached at Cornell University last Sunday and was announced to speak there Sunday also, but he has been forced to postpone all engagements for the present.

Inquiry at Dr. Abbott's home this morning elicited the information that he was confined to his room. No apprehension is entertained as to serious Illness at all and it is thought he will resume his duties again in a few days. SEEKING TO INDICT MRS. BOTKIN.

San Francisco, Cal October 26 The Grand Jury has beeu asked to Indict Mrs. Cordelia Botkin for the poisoning of Mrs, Dunning and Mrs. Deane. District Attorney Hosmer has placed before that body all the evidence of the celebrated case. SPECIAL ADVERTISEMENTS.

FOR HOME USE There is nothing in the way of a whiskey that gives such permanent satisfaction to all as the celebrated brand which has been for nearly forty years popular in America, namely, the OLD VALLEY WHISKEY It is a favorite wherever tried, and is recognized by all good judges as the best blended Whiskey produced in America. At clubs and leading hotels, it is the standard brand on account of its great purity and excellent flavor. A more perfect Whiskey it would be impossible to produce. Recommended by physicians everywhere. or Sate by all BeHable Dealers.

THE COOK BERNHEIMER CO NEW YORK. Is This ALEX. CAMPBELL MILK COMPANY. ABSOLUTELY PURE" A moment, please. Do you risk your health, or that of the children by using cheap milk It IS a risk, and a serious one.

Better prevent trouble than have to cure it. Impure milk is responsible for much suffering. We should know a good deal about milk after 37 years' experience, and we do. We know further that all milk sold by us is "Absolutely Pure." 8 Cents Per Quart, in Glass Jars. Sold by all the Leading Grocers.

Telephone 44 Brooiriyn, or address 802 Fulton St. Blanket Dep't. Finest Quality Blanket, 12 4, 11 4 and 10 4 sizes, $2.75 to 22.50 per pair. 300, fine quality, ll 4size, $3.75 and $4.50 per pair. james McCreery Twenty third Stree New York.

A GREAT CHARITY. Imagine what it is to be blind, what a srlevoue inflrmltv. and must always kindle the Dltv of those endowed with the precious gift of sight; but when blindness 13 added to the sorrows attendant upon poverty and old age, the sufferers have ft claim which no disciple of our Lord may disregard, not only upon the sympathy, but upon the charitable assistance of all who are more highly favored. The Sisters of St. Joseph, Jersey City, appeal to the charitably inllned to aid them in the work of charity, of building a home for this class of God's poor, where they will be taken care of.

Ten dollars will buy 1,000 bricks for the home, the same sum will buy a bedstead and comfortable woolens for some weary creature to rest upon. Oould $10 be better applied? www Coddington Says That Seymour Threatened His Life, Frederick W. Coddlngton, a well known resident of the Twenty sixth Ward, appeared In the Gates avenue court this morning to press a charge of having threatened his life against Walter A. Seymour, 25 years old, of 887 New Lots avenue. Coddlngton Is the next door neighbor and landlord of Seymour, who lives with his two sisters.

Seymour admitted that he had threatened Coddlngton, but only after the latter had assaulted him in his own house. He said that Coddlngton was a nightly visitor at his house and this he objected to, and that It was afteT he had ordered him out of the bouse several evenings ago that Coddlngton assaulted him and he threatened to get sequare. Coddlngton denied that he was a nightly visitor to the house but said that he had called on several occasions to bring malt extract to the defendant's sister, who was ill. He simply went to the bouse through neighborly kindness. Coddlngton said that the young man's sister, Joanna Seymour, had also made a charge of assault against him (defendant), but was unable to be at court.

Magistrate Kramer said that Coddlngton had no right to go to the house if Seymour objected to his presence there, but adjourned the case for further hearing. He also paroled Seymour, who had been locked up. ECHOES OF THE BIG FIRE. A Number of Libels for Salvage Filed Against Vessels Lying at Atlantic Basin. This morning was a busy time in the office of the clerk of the United States District Court, when nine libels were filed against vessels lying along the Brooklyn water front seven of which were for salvage for saving ships from destruction during the big fire at the Atlantic Basin on Monday afternoon.

Among these was a salvage libel against the steel steamship Andorinha and her cargo, filed by George F. Stevenson and others, owners of the steam tug Fairmount, which assisted in towing her out into the stream. Walberg L. Patterson, owner of the steam tug James the W. H.

Beard Dredging Company, owners of the steam tug C. M. KImptand, and Edward R. Petrle, owner of the steam tug Henry D. McCord, also filed similar libels against the Andorinha.

The estimated value of the vessel Is placed at $150,000, her cargo $50,000 and stores $10,000. Peter Cahill and others, owners of the steam tug George L. Garlick, filed a libel against two hoisting lighters and another against the schooner Maccamaw, for similar services. The Maccamaw is valued at $10,000 and her cargo ot turpentine, which was saved, is valued at $20,000. John Anderson and others, owners and crew of the schooner Julia Francis, filed a libel against the tug Olympla for $300 for damages by collision.

The collision occurred in the East River, near the bridge, on the morning of October 18. Eduado Capltaco, a winchman employed at Watson's elevators, in the Atlantic Basin, filed a libel against the steamship Baron Innerdale for $10,000 for personal damages received, It Is alleged, by the falling of a derrick while Capitano was at work on the vessel on October 17. MUST SUPPORT HER MOTHER, An Obdurate Daughter Brought to Terms by a Magistrate. In the Harlem police court, Manhattan, this morning, Mrs. Margaret Busse of High Bridge was ordered to pay her aged mother, Mrs.

Dora Metzger, $2 per week for her support. Mrs. Metzger, who Is 80 years old, lives with her son. Lawrence Mezger, at 177 Stelnway avenue, Long Island City. The son, who ie a guard on ttie elevated road, has long supported his mother, but, as he has seven children of his own has felt the financial strain severely.

The old lady, who felt her position as a burden on his small means, secured 5 cents some time ago, crossed the Thirty fourth street ferry and walked the entire distance froin Thirty fourth street to High Bridge. Then she pleaded with her daughter, Mrs. Busse, who the wife of a well to do builder, to come to the aid of herself and her son. This the daughter not only declined to do but. as was told in court, even refused to give her mother a glass of wacer or allow her rest and refreshment.

The case was thereupon taken to tbe court, where Magistrate Crane after listening to the testimony, indignantly admonished the daughter, telling her the law demanded that she maintain her mother even if she was obliged to place her own children in an Institution. He then made an order that she sbould pay her mother $5 weekly. The woman protested vehemently, whereupon the mother Interceded, saying ttiat if the daughter would pay but $2 per week with the aid her son gave her she could get along. The order was so amended, but the woman still protested, whereupon the magistrate proceeded to hold her in bonds for che Court of Special Sessions. Upon this Mrs.

Busse became greatly frightened and readily agreed to pay the required sum. MRS. COSTELLO'S WILL FILED. She Leaves $850 to St. Vincent de Paul's Church.

The will of Bridget Costello, a widow, who died recently, at 207 North Sixth street, was filed for probaibe to day In the office of the Surrogate. The estate amounts to $12,000 to real property and $4,000 in personalty. The testatrix gives to St. Vincent de Paul's. Roman Catholic Church in this borough the sum of $850, for a memorial window in the church.

In the event of the plan for the wtodow not being carried out, the money is to go to the pastor of the church, the Rev. Martin Car roll. The remainder of the estate goes to the testatrix's daughter, Catherine Augusta Costelllo, who Is named as the executrix. The will is dated October 18, 1898, and the testatrix made her mark thereon. THE WEATHER.

INDICATIONS TILL P. if. TO MOBROW. Washington, D. C.

October 26 For Eastern New York, rain and ctflder to night; Tnuraday. much colder with rain turning to snow, followed in afternoon by cloaring, aoutherly shitting to night to weaterly gales. LOCAL PROBABILITIES. Bain to cight. probably turning to snow colder to niglit; Thursday, fair and much colder, southeast to west galea.

The following is tho record of tne thermometer as ept at the Brooklyn Daily Eagle office: 2 A. M. to day 64 10 A.M 64 4 A. 6S 12 64 6 A. SI 62 2 P.

JT 64 8 A. 63 I 3 P. 64 Average temperature to day 63 Average temperature corresponding day last year 65J4 HIGH WATER. Following is the oflicial announcement of the time and duration of high water at New YorJk and Sandy Hook lor to morrow. October 27: A M.

.11. P. Timo'Holght TimeiKelght H. M. Feet.

h. m.I Foet. Dnra'n of Rise. Fall. B.

H.h. M. Now I 6:08 Sandy Hookl 5:32 4.8 6.8 6:32 6:01 4.3 4.8 I 6:31 6:37 MOVEMENTS OP OCEAN VESSELS. ARRIVED WEDNESDAY, OOTOBJSB 26. 8k Kauawha, from Hobilo.

Ss LtMjnnenge, from Para. Ss Hoathiield, Iroui Patras, etc Ss Ilritlsh Trader, from Lonilon, tin Knergle, from Hamburg. itatoum. lrum London. Bs Port Melbourne, from London.

Ss rToorrtland, from Antwerp. ARRrVF.D AT FOREIGN PORTS. S3 Planet JMeroury. from New YorK, Hamburg, as Klleric. from Now York, ptl.

Ascensioa. Huoontaur. trum New York, Cape Town. Ss Fulda, from New York, Genoa. Ss Siiarian Prince, from New York.

Leghorn. S8Clnden, from New York. Amsterdam. Sr Msaba, from New York, London. Ss Hcaperia, from New York.

Marseilles. Ss Statendam. from Now York. Rotterdam. Bs Deike Rickxners.

from New York, Copenhagen. Ss Delaware, from New York, Avonmonth. bs Travo. from New York. Southampton.

Ss St, Paul, from Now York, pd. Bcilly, SAILRD FROM FOREIGN PORTS. Ss Kaisor Wilbelm II. for New York. Gibraltar.

Bs Jersey City, for New Ycrk. Swansea. fc Verona, for New York. Montevideo. Ss Nordhavot, for New York, Antwerp.

Ss Susquehanna, from New York. St. Vincent. S8 Baitaz, from New York. 1st.

Vlnoent. 6s Amator, from New York. 8t, Vincent. 6s Palatla. for New York.

Hamburt, Ss Betty, tor New York. Algiers. OVER GALL'S ESTATE, The Dead Man's Nephew Trying to Secure an Accounting. RELATES AN ODD STORY. A Widow Bobbed Dp When Old Joseph all Died and Got All the Money.

Charles J. Gall Subsequently Obtained a Judgment for Nearly $22,000, and Now It Is Claimed That Adolph Slmis, Mrs. Gall's Lawyer, Has Most of the Estate in His PossessionDenial by Mr. Simis. The application of Charles J.

Gall to compel Amelia Gall to account as administratrix of the estate of Joseph Gall, an optician, came up this morning before Surrogate George B. Abbott on motion of Ira Leo Bamberger. With Mr. Bamberger was associated Public Administrator Davenport. The petitioner alleges that he had been a companion to his uncle and a confidential adviser and it is claimed that the uncle had said that $50,000 would not repay nephew for all his attentions.

By the will of Joseph Gall the applicant was made residuary legatee. Amelia Steeb, a former servant in tbe family, got a legacy of $1,000 and she afterward proved that she was the wife of Joseph Gall. Her child had been born in wedlock and con sequentlv the applicant was deprived of the lnnentanoe, the property going to the widow and child Amelia became administratrix and In her accounting in 1892 he was not cited to appear. In 1S97 he got judgment against the estate for $21,960.60 in an action for alleged services to his uncle. Charles J.

Gall attacks Adolph Simis, counsel for Mrs. Gall, the charge being made that Mr. Simis has the estate and that Mrs. Gall says Mr. Simis has not accounted for, but has retained more than $25,000 In fee.

Surrogate Abbott reserved decision on the application. The legal doouments which embody the various claims of the plaintiff in this action tell an interesting and somewhat peculiar story. This story recites the efforts which Charles F. Gall has been making to have carried out what he ays were the intentions of his unicle, Joseph Gafl, who died twelve years ago. These lucent tone, he alleges, were in eneot mac ne, jnariee Uain, should be rewarded for his services to the decedent during his lifetime.

Thus far, and as the result of counter claims combined wit(h the law's delays, he says chat he has received no pare the reward which he believes his uncle Intended to confer upon him. The Immediate cause of his having failed to be bene fited by his uncle's gratitude, he says, was one appearance ana counter claim of one Amelia Gall, who claimed to be the common law wife of Joseph Gall, and succeeded, apparently, in esta'Misaing that claim. But an affidavit attached to the opKHoti also asserts rnat Adolpfi SimSs, who has been acting as attorney for Amelia Gall, is uuw possession 01 tne property mentioned in the will of Joseph Gall, and Hint thnq far Mr. Simis has made no full accounting It is recSted in the petitions and amfln on upon which tibe plaintiff bases his complaint, that, at the request of his uncle, he came to this city from San FrancHsco In 18S2. iv Hng up a lucrative business there.

He says .1 J. luio time until tne nour of nls uncle's death he was his constant nnmnani, and adviser, and that his uncle often told him that he would reward him for his faithfulness. He alleges that tbese promises jwyi uy me provisions or his uncle wHll, by which he, che plaintiff, was made the residuary legatee, under terms wfiiJrfJh fava aim nearly the entire estate, valued at about $20,000. When the will was offered for pro baCe, however, the common faw wife materialized and opposed th probate of the will on the ground that it was revoked by hia marriage to her after Its execution, and by the birth of her second child after, his death. This woman is spoken of in the wili as "Amelia Steeb, a former servant of my late wife," and is named as a legatiee to the amount of $1,000.

In July, 1886, the petlciom further recites, Amelia Steeb Instituted In the Supreme Court an action to administer her do wer. A jury found in her fiavor and the action was upheld by a divided court of. last resort. Charles F. Gaili then began an action in toe Supreme Court, asking for a performance of the contract, which he says existed between himself and his uncle, the decedent, but his claim was dismissed on the representations of Caroline Gall (che legitimate cnLd, in whose interest the estate was being administered by Amelia Steeb, under the name of Amelia Gall) that he had "an adequate remedy at law for breach of contract" Later, under another accton at law, the plaintiff succeeded In having his claim recognized as Just, and got a decree for $21,960.60 against the administratrix, Amelia Steeb.

Still another complication was Introduced about six years ago by the action of the American Surety Company In its capacity as surety on the bond of the administratrix. This petition, after reciting the fact chat Charles F. Gall was a claimant on the estate in question goes on to say "That a certain portion of the assets of Hhe estate, are In the hands of Adolph Simis, the attorney of Amelia Gall, and that the said surety company, is apprehensive and has reason to believe that said assets, or a portion thereof, will be lost or misapplied by the said administratrix or her attorney." The petition then preyed that a citation may issue to all persons Interested or claiming to be interested In the said estate as next of kin, creditors or otherwise, requiring them to show cause why the said decree should not be set aside; and asked that the court make an order restraining Adolph Simis from disposing of the assets of the estate In any wiay whatever. The plaintiff alleges that no part of the judgment for $21,960.60 has yet been paid him though sufficient of the assets of the estate are now In the hands of either the defendant or her counsel to make payment possible. He asks that such action shall be taken as will result in the paying over to him of this amount.

The implied charge against Mr. Slmis is set forth in an affidavit of William F. Folk, wherein he says that In October, 1897, Mrs. Gall told him at her home, 990 Lafayette avenue, this borough, that Mr. Simis had not accounted to her for the estate of Joseph Gall, received by him as her counsel; that he had retained upward of $25,000 of the estate, which amount he claimed as his fees, and that, in consequence of this she was compelled to let out a part of the house In which she and her daughter resided.

She asserted that Mr. Slmis at that time had in his possession the greater part of the estate Mr. Slmis late this afternoon positively denied the statement made by Mr. Gall, affecting his integrity of handling the estate. MCINNES WILL INSIST Upon Obtaining an Explanation From the Controller.

Alderman J. H. Mclnnes said this morning: "I am determined to follow up my resolution of yesterday, which the Democrats opposed, asking the Controller to explain his list of appointments, and If the Municlnal Assembly does not pass my resolution I shall appeal directly to the Controller. "I was startled by the large salaries and the large number of appointments which the Controller announced in the City Record, amounting yearly to over $160,000. If the appointments are necessary and made for the good of the Controller's office and the city, It Is not unfair to ask the Controller to say so, but if they are made for political purposes, the public should know it.

"If these appointments were made early in the administration they should have been announced long ago, but if they are new appointments or re appolntments we are entitled to know what vast amount of work has Just come to tho Controller's office." A VITAL TROTH. He Nothing is so expensive as falling in love. She And no rtravaspanc more popular. Detroit Free Press. Local Glvi! Service Rco ulations Need Not Be Approved THE STATE COMMISSION.

The Decision in the Lset Xeller Case Settles an Important Question and Is to the Effect. That Civil Service Provisions in the Charter Take Precedence Over the Black Law Officials of the City Government, From the Mayor Down. Jubilant Over the Decision History of the Case. The announcement, that the Court of Ap als had decided ilmt the New York Civil Service rules and regulations do no; require the appro vai of the sate bi.ard in order to became operative was received with great rejoicing by the office holders and ioeal Democratic. The decision is not oniy regarded as a.

party victory of mere than ordinary Importance, but is ai sj an indorsement of Corpora tier. Counsel Whai en's ruling co the efEoc; Lhat sate Civil Service laws vrore noi applicable to Greater New York appointment, and that, these are governed alone by the civl: service provisions in the charter. The decision iu question is in the case of Geoi Eii lis! ward appellant, against Char iti aa Coauiii. sionor John W. KeWer, and it ajftvaa the ruling oi the appellate division, 'Wtiioii hold L.et was legally removed frvwK ciHce as superintendent, of the City Hospital, a salary oE $2,000 a year.

Til Court Appeal's decision also does aray wit.ii the issue; recently raised by the StiiO Civil Service Board, the members ol which claimed that Mayor Van Wyck and OckUtrolior Coier were violating the law In appointments under Civil Service regulations which had not been approved by U10 state board. Pointed ietters were sent to the Mayor and the Controller, in which the members of the state board broadly hinted that the city officials might be prosecuted criminally. They contended that the Mayor and Controller were clearly guilty and cculd be punished under Section 154 of the New York penal code. Neither Mayor Van Wyck nor Controller Cole were disposed to discuss the threatening letters at the time, but they told their friends that felt that they were Justified in abiding by Corporation Counsel Whaler's opinion. Mr.

Whalen, it will be remembered, held, in bis opinion sent, to the Municipal Assembly 00 May 17, that the charter of the greater city could not be amended as to the civil service provisions indirectly, without giving the Mayor his constitutional right of accepting the amendments or net on behalf of the city and that, therefore, the local board need not submit to the State Civil Service Board its rules and regulations for approval. Therefore, he contended that chapter ISC of the laws of 1S9S, passed as a general law, did not a.pply to New York Citv and if it was applied it would be unconstitutional. Up to that time the board had withheld its rules from the stace board and after Mr. Whalen's opinion had been rendered the board went ahead to act upon them without such submission, despite the law. It was about this time that the Civil Service Jteform Association got an opportunity to test Mj Whalen's opinion and" the Leet case was broug hi.

beet, was appointed bv the old board as superintendent of the City Hospital. He hold the place from March, 18, until March 31 last, when he was removed by Commissioner Keller. Leet in his case attacked the validity or the new Tule adopted by the municipal civil service, which takes the position in question out of the competitive class. The rule had not been approved by che state authorities and so an excellent chance was afforded for a test case, Leet having been remow.l the ve.rv day that the law embodied 111 chapter lSfi of the laws of 1S9S went: into effect. Application for a writ of mandamus to secure Leet's reinstatement was first made before Judge Kellogg.

The application was denied. The case next taken to the appellate division, where the order of Justice Kellogg was affirmed. Justice O'Brien, in his opinion at that time, pointed out that there was apparently a wide difference between the provisions of the charter and the general civil service law. Justice O'Brien remarked that It was not claimed that the Legislature exceeded its constitutional rights when it granted a new charter, with the special system for the civil service. The justice also declared ioat uie passage of a general law does not repeal the passage of a special local law, unless there is evidence of such intent.

The Leet case was then carried to the Court of Appeals and the decision handed down yesterday was not unexpected. The opinion which was written by Justice Gray, is in part, as follows: "I think the New York City charter provisions contained a special and exclusive eystem for the classification and examination of applicants for employment in the civil sen ice and for its administration They manifested a deliberate intention on the part of the Legislature to take the City of New York out of the general civil service law of the state. The act of 1S9S was prospective In its operation and its effect was to change the general civil service law of the state, but while in terms it applied to all the cities of the state, it seems to me that the present City of New York was necessarily left under Its particular system for the want of apt language 'to make the act operative upon the charter provisions. "There is no repeal in express terms of the civu service provisions of the charter, and no language from which the intention can be Inferred that the act should have any application thereto. The learned Justices of the appellate division were clearly correct in their icq' eitect to be given to the act of 1S9S "UL L'emg a remedial statute, the not be construed to nwni act TetroaCtAOly, but as nncratlnj nnb cases which shall come into existence after its passage, when, under Its new provision the t.ti! service rules of the city must receive the approv.

of the State Civil Service Board to no effective. reu ations of the Now York Citv Civil service Commission of March 5 1S9S were validly made and being existent when the act ot IM'S was passed, were in express terms rognbiod. but they were required to be approved by the state board hence hud boer. done under their authority was lawfully dona and was not affected. CivM Service Commissioner William Dykman.

whn seen hy an Eagle reporter this morning, said that the commission was certainly pieasod with the decision. There jr ore point that I am not yet quite certain about. said Mr. Dykman. "and that 1b whether or not amendments to our rules and regulations must bo approved by the State Civil ervioa Board.

That point, of course win oe made clear when wc get the text of the Court of Appeals decision. It is a matter however, of no great importance when consldl red connection with the whole question v.v.ich was involved in the Leet case." labor Bureau Can jSTow Be Removed Prcm Civil Service Regulations. Thi Leet decision was the absonblng topic ot discussion to day at the City Hall and in the epartrnenutl headquarters, where the Corporation Counsel's victory is universally regarded as the most important won for Democracy in years. The Corporation Counsel emerges from the Pograi furht the most envied ofSciaJ is tbf. city, as the result of the judgment rendered if, that the New York City Civil Service rules form an Independent local system not under tho Jurisdiction of the Board.

Far reaching result arc looked for, now that tho uih6t court of the state has upheld the ittyor and his advisors in their contention that Tori; ahall control absolutely her al fairs in respsct to oiSclal appointments. One of the earliest and most sweeping changes in rulos predicted is the removal of the Labor Bureau Trom civil service regulations. This hureau, many Tammany msn believe, should never have been placed In its present position and rber will try to have the old condition revived, when men could be selected in any way de. by in power. The laior ac now constituted, his on its Jisis the natives of over 12,000 apfii cauts for places as laborers under the city men are all duly registered and most Of tneai have parsed tho nccettary povsicnj Republicans in Good Shape in the Country Districts, He Says.

STATE CHAIRMEN DISAPPEAR. McCarren's Absence Accounted Por by a Supposed Conference With Croker and Odell Off to ewburgh to See His Sick Son Dou Payn Says Troy "Will Treat Roosevelt All Right Republican Managers Counting on the Judiciary Fight Materially to Help Their State Ticket. Chairmen Odell and McCarren of the Republican and Democratic campaign committees, respectively, were both absent from their accustomed places to day. Where Senator McCarren was nobody seemed to know. The genial Albanian, James O'Nell, who guards the entrance to hie room, had not seen him since last night.

Inasmuch as Richard Croker was equally inconspicuous at his accustomed haunts, the story spread that they were conferring somewhere up town. Chairman Odell's absence was explained on the score of his son's illness and his journey to New burgh to ascertain the nature of the boy's ailment. Notwithstanding the faot that this was the excuse tor Odell's absence, it was rumored at the Fifth Avenue Hotel headquarters that Odell had also an important conference on hand. The most conspicuous of tht callers at the state headquarters to day was no less a personage than Lou Payn ot Hudson, state superintendent of insurance, and the close personal friend of Governor Black, for whose renominatlon he gave Thomas C. Piatt an interesting pre copvention fight.

Mr. Payn dropped in to see Chairman Odell. but, unable to get him, went into a conference with William A. Barnes of Albany, who Is chairman of the executive committee of the state committee. When Mr.

Payn finish ed his conference with Barnes, the newspaper men requested an expression of opinion as to how the fight was going on the governorship. Mr. Payn replied: 'Up to the state everything is in good shape. The Republicans will roll up a big vote, but nere in New York we will hardly do so well, and that is natural in view of the faci. that the Democratic party has all the patronage of the city.

If we had the patronage we would do better." "What kind of a reception will Colonel Roosevelt get in Troy next week when he goes there to make a speech near Governor Black's home?" asked the newspaper men. "I am not certain that he will go," broke in Superintendent Payn, "but if he decides to go, I think I can assure him of a good reception. Troy will treat him all right." Railroad Commissioner Ashley W. Cole, who was private secretary to Governor Morton, was another visitor at the state headquarters to day. Every new arrival from up the state means so much more encouragement tor the Republican managers, until they actually feel that the Rough Rider has a walk over.

They are counting largely on the Judiciary situation as developed by the Bar Association and Richard Croker to help them immensely. They say it will be worth at least 20,000 votes against the Democratic judiciary ticket in New York County and that a good proportion of that vote will be cast for Colonel Roosevelt by the great army of dissatisfied independents. Frank Campbell, chairman of the Democratic state committee, who hes just come down from the upper part of ihe state, told a reporter Tor the Eagle to day, at the Hoffman House headquarters, that there was a deal of interest in the ejection among the country people and that it looked as It Von Wyck had the hotter of the race. Mr. Campbell added that there was a great interest in the race for the Senate and Assembly and that some of the Republican districts would gio Democratic altogether, or else be narrowly oarrlied by the Republicans, as was the case in many of the Assembly districts last year.

He believes that ex Senator Jacob Rice wili carry the Ulister district with a good sized majority. The reports from Ulster are very encouraging. The state committee is materially aiding the campaign in that territory. Up in the borough of the Bronx to night Tammany Hall will have one of Its old fashioned meetings. It will be for the Germans of the territory and will be as big a rebuke to Henry D.

Purroy as Richard Croker and John F. Carroll oan nia ke it. A parade, under the miairshalshlp of Louis Wenzel, will precede the meeting. Some of Tammany's best orators have been assigned to enthuse the German constituency. The Tammanyites, in their manifold duties, have not lost sight of the deaf mutes, whom they number as part of the Democracy of the city.

A meeting for theiT special benefit will be held at Webster Hall, One Hundred and Eleventh street, near Third avenue, Manhattan, Saturday night. Elliot Danforth, Richard Croker and John F. Carrol! are expected to attend and miaTte speeches, which will be translated into the sign language by Mrs. Balliin. Mr.

Croker has interested himself very much In the deaf mutes and is said to be responsible for the meeting Saturday night. CRUISER NEW YORK SAILS. Anchored at Tompkinsville This Morning, Waiting Final Orders Brooklyn Will Leave Shortly. The cruiser New York, flagship at the North Atlantic Squadron, and flying the single starred ensign of Commodore Philip, left the Navy Yard this morning, bound for Tompkinsville, S. where she anchored some thirty minutes later.

The New York will lie up in the lower bay for several days, after which she is expected to put to sea. Orders giving her destination are daily expected from Washington, but there has been no hint received as to what duty or station she will be assigned. She will probably ba sent to cruise South, stopping at the different principal ports. The cruiser Brooklyn is expected to join the New York at Tompkinsville in the course of a Jew days. So far as her ultimate destination is concerned she is in the same condition as the New York, although it Is generally believed in naval circles that she will be sent to the European station.

Where she will act as flagship. The Brooklyn is now practically ready for sea and can sail at a few hours' notice. The big floating derrick which has been purchased 'by the Navy Department was towed from Erio Basin to the Navy Yard this morning. Some repairs are necessary on her, principally in the line caulking, and after she has been overhauled she will be towed to Key West, Where the darrick will be permanently stationed. Tho cruiser Chicago is now almost ready for sea, andshe will go into commission shortly.

WILL PRINT 2,000,000 BALLOTS. Mayor Van Wyck lost no time In approving the resolution passed by the Council yesterday permitting the Police Board to contract for the printing of ballots for election without public letting. As soon as it passed It was signed by him and the Police Board was officially notified. The board acted as expeditiously, awarding the contract to the Martin B. Brawn Company.

It Is ostimated that about 2,000,000 ballots will be printed at a cost of about $20,000. DR. BOWEN'S ADDRESS. Washington, D. C.

October 20 At the meeting of the Young Men's Catholic Union yesterday Dr. J. B. Bowen of Brooklyn read a paper on "America; Land of QenlU3." Lawyer Frankenberg Tells How the Proceedings Were Started. SOCIAL VISITS WITH PLAINTIFF.

They Had Lunches Together in New York and Sometimes Had Wine, but He Never Saw the Plaintiff Use To bacco in Any Form No Lunches Together Since Dr. Cruikshank's Counter Charges Were Made, Because It Looked Better Not To His Interview With the Doctor. Tho suit of Maud Crullcshank for an absolute divorce from Dr. William J. Cruikshank, which has occupied a jury's attention in part 2 of the Supreme Court, before Justice Jesse Johnson, for the past week and a half, was continued to day with the plaintiff's witnesses on the stand in rebuttal.

The defense rested yesterday afternoon. Herman Joerns, the uncle of Mrs. Cruikshank, at whose house in Orange, N. the latter frequently visited in 1896, testified as to the visits of Lawyer Henry E. Frankemlberg during che summer of 1896 wlhile hiB niece was at his home.

Mr. Frankenberg has been named as a corespondent in the case by Dr. Crui'lcshank, but the witness testified that he saw nothing during the lawyer's visits that was In amy' way improper. The next witness was Lawyer Frankenberg, who stated that he had been a practicing attorney for ten years and that for twenty years he had lived at 526 Washing ton avenue, Brooklyn. He testified that he had known Mr.

Joerns only since the divorce proceedings were commenced by Mrs. Cruik shank. Questioned by Lawyer Almet R. Latson of counsel for tlhe plaintiff: "How long have you known Mrs. Cruikshank "Since 1892 or 1893, when she called at the house.

My mother introduced me to her." "From then until Mav 1. 1896. how often did you meet Mrs. Cruikshank?" POSSl'Oly once in two or threfl mnn rSiR. She visited my mother quite frequently." "When did you meet Mrs.

Cruikshank albout this case?" "In May, 1896, she called on me and eaid that sue wanted a divorce from her husband. She presented evidence on which she based her charges against che doctor." "Whose evidence was it?" "The evidence of Mrs. Orutkehank and her slister." "What did you do?" "I asked her If she had consulted with her father, and she said he would do physical injury to Dr. Cruikshank If she did. I advised her to tell her father everything, and she said she would." "Did you see Dr.

Cruikshank before the commencement of this action?" "Yes; he called at my bouse a day or two after Mrs. Cruikshank left him. Dr. Cruikshank wanted to know what the trouble was between him and his wife. I told him that his wife was seeking an absolute divorce and that I would not talk with him, that I was his wife's attorney and I advised him to secure a lawyer and send him to me.

He said he would send his brother, Alfred B. Cruikshank, to call on me. Lawyer Cruikshank did call on me a day or so after the summons and complaint had been served" and made a proposition that Mrs Cruikshank should drop the suit and in place Counsel for Dr. Cruikshank interrupted the witness and vigorously objected to the admission of the proposition made by Alfred B. Cruikshank.

Counsel on both sides engaged in a long argument and Justice Johnson excluded the answer, but admitted that the plaintiff's counsel had a right to show that tne visit of the two lawyers made It necessary for him to call upon Mrs. Cruikshank as her legal adviser. Continuing, witness said in answer to questions by Mr. Latson: "Was Mrs. Cruikshank ever your guest at meal times?" "Yes, sir; she lunched With cue at Mou quin's In Manhattan perhaps a half dozen times." "Did you ever have wine on these occasions?" "Yes, sir; we frequently had a pint bottle of claret, of which Mrs.

Cruikshank drank half a glass or perhaps a glass." "Did you have any other wines?" "No, sir; unless a cordial at the end of the meal." "Did you ever see Mrs. Cruikshank in a condition where by her appearance or her conduct she indicated thac she had been taking wine?" "I never have." "Did you ever present her with any wine in "bottles, any cocktails or any cigarettes?" "No, sir." "Did you ever see her use tobacco in any form?" "No, sir." In cross examination the witness told Mr. Patterson that Mrs. Cruikshank was a frequent visitor at his house where his mother entertained her. He said that on some of her calls he was present and he had drunk wine with her.

He had also been to Mrs. Cruik shank's house and had had wine there. His social relations with the plaintiff had been mainlined notwithstanding the divorce suit and she had been to his house and he to her house in the evenings during the present year. "Did you lunch with her at Mouqutn's during this year?" asked Mr. Patterson.

"No, sir." "Why not?" "Because after I was named as corespondent in her husband's counter charges, I thought it would look better not to do so." "Did it ever occur to you that it was a very inconsistent position for you to occupy to be this lady's attorney and at the same time named as corespondent In her husband's suit for divorce?" "I think It is not inconsistent." Recess was then taken. A COLLECTOR ARRESTED. Charged With. Having Kept His Employer's Money. John Lauinger, who is employed as a collector for the 'Ferdinand Munch Brewing Company of Vernon avenue, was arrested in front of the City Hall to day by Detective Sergeants Murphy and Roche.

It is alleged that the accused has failed to turn in moneys that he received as the agent of the brewery in his tours of collection. A specific charge is that he appropriated $150 which he had collected on July 2 from Henry Schlecht of 907 Myrtle avenue. It is alleged that the shortage of the accused collector amounts to something over $2,000. He says that if the firm had given him a chance he would have made the matter all right. This morning he was arraigned be fore Magistrate Steers and the examination was postponed for a week.

In the meanwhile the accused, who Is well known In German circles furnished bail for his appearance. Lauinger is 39 yeaTs old, is married and lives at 113 Floyd street. HAWAIIAN STAMPS LEGAL. The postmasters of the country have received an order from Post Master General Smith to the eofoct that hereafter and until further orders Hawaiian postage stamps will be received at their faoe value for the payment of postage on all articles mailed In Hawaii, whether tor delivery In the United States or elsewhere. LABORERS REINSTATED.

Deputy Commissioner Moffett of the Department of the Water Supply has authorized the reinstatement of nine ot the laborers who wore laid off earlier In tho year because there was no work for them to do. The prospect of an increased fund for the furtherance of needed improvements has justified their reinstatement, and more are likely to rollow when tho projected work actually begins. Best Political Guide Book lE(th Brooklyn Gael? Almanac Pric ZS cents. I v. a ii uxii uui pravut Lfj 1a.iT.y i The great importance of the Court of Appo.als' Je cision la not minimized by any of the leading officials, who now see their way opesi toward rewarding their fr rends.

The dfeoislon just rendered Is the outcome of a long and complicated legal struggle. It would seem, however, that even with the new rules and regulations it is Impossible to dismiss vetemns. for as was stated in the Eagle yesterday. Adolph H. Schumann, superintendent of streets hi the old City of Brooklyn, has been reinstated as inspector in the Street Cleaning Department by the appel late division ct tne supreme court.

In Janu ary last Schumann was requested to resign. I He neglected to do so, and on January 31 he was transierrea 10 toe street Cleaning Department, with a rank of section foreman, at a salary of $1,000. or $200 less than he was receiving as Inspector. He was subsequently suspended on charges of alleged neglect, and after a trial dismissed from the department. Justice Woodward, who wrote the opinion, characterized the trial as "a mockery of justice." says that Schumann had no time for 1 preparation and was not informed of hia rights.

Therefore. Schumann, the court says, must be reinstated at his former salary. READVERTISEMENT NECESSARY. Deputy Commissioner Walton "Was I Porced to Reject All Bids for Muni I cipal Building Alterations. There will have to be a readvertlsement for proposals for the alterations In the Municipal Building, Brooklyn, necessary for the efficient conduct of the business of the five borough depai tmenits now in possession there.

Plans and specificattlons for this work were forwarded to Manhattan by Deputy Commissioner Walton last spring, and the matter reached the Municipal Assembly in due form. The Council took the necessary action authorizing a contract, but the Aldermen promptly hung up the matter and have kept is suspended, although several of the Aldermen of this borough have promised from time to time to have it put through, In order that a contract might be made and the work done before the advent of cold weather. In anticipation of this action, the department a short time since advertised for proposals for the work, with the result that the lowest bidder was John Casbman, a well known contractor of this borough. Mr. Cashman is a member of the Board of Education of the borough, and Deputy Commissioner Walton questioned whether, under the charter, he could legally take any contract involving city work.

The charter, at Section 1.533, provides that: No member of the Municipal Assembly, head of dmrtment, chief of bureau, deputy thereof or clerk therein, or other officer ot the corporation, sh'itll he or become directly or indirectly interested in In the performance of any contract, work or business for the sale of any article, the expense, price or consideration of which. Is payable from the city treasury. Mr. Walton was of the opinion that Mr. Cashman came clearly within this provision of the charter, but he suggested to Commissioner Kearny a reference of the question co the Corporation Counsel.

Tho Corporation Counsel has just decided that Mr. Cashman is ineligible, and that his bid 6hould be thrown out. Yesterday Mr. Cashman sent a letter to Commissioner Kearny requesting the withdrawal of his bid. The Commissioner has accordingly rejected all of the bids and will readvertise.

The projected work is one that is absolutely necessary for the more efficient conduct of the business of the five departments interested, namely, public buildings, lighting and supplies, highways, sewers, sfcreet cleaning and water supply. The interior arrangements of the Municipal Building are so Inferior that the departments are subjected to very much inconvenience, trouble and obstruction la connection with the transaction ot business. MAN INSTANTLY KILLED By the Fall of a Boom, at the New East River Bridge Works. Patrick O'Hagan, a laborer employed on the north caisson of the new East River bridge, was instantly killed and William O. Porter, superintendent of the work, was rendered unconscious by the falling of the boom on a floating derrick at the foot of South Fifth street, in the Eastern District, at 11:30 o'clock this morning.

The accident created considerable excitement among the small army of workmen employed on the bridge and some of them knocked off work until after the luncn hour. Yesterday the work of filling in the working chamber of the caisson with concrete was begun, the north or last caisson necessary for the foundations of the bridge, having touched rock bottom Saturday. For this purpose a scow laden with bags of cement was moored alongside the caisson. Then a floating derrick alongside was put in operation for the purpose of hoisting the cement to the roof of the caisson. From twenty to thirty bags were being put into the derrick scoop each trip, the loads varying from 2,000 to 3,000 pounds weight each.

It is said that the derrick had carried up as much as three tons. P'Hagan and Porter, with about half a dozen other workmen, were on the top of the scow attending to the filling of the scoop when the accident happened. About thirty bags had been put into the scoop and it had been hoisted several feet in the air when, for some unexplained reason, an eyebolt fastening the boom broke, amd the nd of the boom fell with great force on a pile of broken stones above the scow, breaking. O'Hagan was directly underneath the boom and received the full force of It on the head. He sustained a fracture of the skull, was severely cut on the left side of the neck and had a number of his bones broken.

In its descent the boom also struck the superintendent a glancing blow on the left side of bis head, carrying off his hat. He dropped to the deck stunned. He revived in a few minutes, however, and was found to have escaped any serious injury. O'Haigan was carried by hils companions to th office of the Degnoin MeLeam Construction Company, where he was laid an the floor. Surgeon Heydiemann responded to a call for an ambulance semt into the Eastern District Hospital.

O'Hagan was dead before the ambulance arrived. He was 2S years old and lived at SSii Myrtle avenue. At the offices of the company it was said that the accident could not have been foreseen. It occurred, no doubt, it was said, through a defect in the eyebolt, which it was Impossible to detect from the outside. The derrick, it was said, had been subjected to strains twice as great on many previous occasions.

HIS SON LIVING ON CHARITY, Although Mrs. White Deft an Estate Valued at $200,000. Justice Gaynor in Supreme Court, special term, to day granted an order on application of Lawyer Alexander Cameron, requiring the Public Administrator, the People's Trust Company and the Bank of America to show cause why a sum of money should not be set apart from the estate of the late Eliza Trow bridge nito ror tap support of her son and I heir. Frederick Hall White. Tho Public Ad I rnlnistrator.

who succeeded J. J. White as administrator of the state, has notified the I other defendants to pay out no money. The I son, who is turned 14 years old. is' said to be living on charity, although the estate of his mother is in the neighborhood of $200 000 Nearly $300,000 is in the hands of tho People's I Trust Company.

Tho moii was deposited there by White In 15. with a certificate of deposit of SijOO. Tho Hank of America has also belonging to the estato, being the I dividends on stock of tbat corporation. A Lint ot Candidate with portraits and blographlcoj sketches EAGLE LIBRARY NO. 20.

Prira 5 in For i sale by all newsdel We. Adv. all ewsdc 'rs. INDEX To Classified Advertisements ia To day's Eagle. 0LAS8OTOAT1ON.

'Administrator's Notices 12 Amendments 12 Amusements 6 Assignee Notices 12 Auction Sales 8 Autumn Resorts Board Business Notices 8 Clairvoyants 9 Coastwise Steamships 11 Corporation Notices 12 Dancing Death Notices 7 DentiBtry 9 Dividends 14 Employment Agencies 1 Excursions 8 Financial For Exchange Furnished Rooms 10 Help Wanted 10 Horses and Carriages Instruction 11 Legal Notices 8 9 12 Lost and Found 11 Marriage Notices 1 Medical Meetings 16 Miscellaneous 7 Musical Instruction 11 New Publication 4 Ocean Steamships Personal 12 Post Office Notice 9 Railroads 11 Real Estate at Auction Real Estate Loans Situations Wanted io Special Advertisements 15 Special Notices 12 Sporting Steamboats 11 Surrogate's Notices 14 To Let and For ...10 11 Wanted.