The Brooklyn Daily Eagle from Brooklyn, New York • Page 1

O'CLOCK EDITION. WEDNESDAY, JANUARY 5, WEDNESDAY, JANUARY 1898. VOL. 58. PAGES.

COPVRHMIT. iSSS. BY THE I'AllA' KAGr.f" THREE CENTS. WHY HE WAS ABSENT. TROLLEY TERMINALS WELL UNDER WAY, DR.

WINTER'S CHARGES BACKED Br AFFIDAVITS, FIRST SESSION OF THE LEGISLATURE. night in regard to the question of briinglng an injunction suit for the purpose of stopping the operation of trolley and elevated cars across the bridge. This association went on record some time ago as being opposed to the bridge crossing project, and the matter of taking the necessary action to stop it was left in the hands of this committee, of which Ludwig Nissen is chairman. Beside the members of the committee there were present M. B.

Belden, who has threatened to bring similar proceedings, and who Is now working in concert with the committee, former City Works Commissioner Alfred T. White and W. B. Nichols of Clinton avenue. All those present were recorded as being opposed to the bridge crossing project, but no definite steps were decided upon in regard to moving in the matter.

Chairman Ludwig Nissen said this morning that another meeting of the committee would be held Friday, when some definite action would be decided upon. In reply to the query was better acquainted there tlinn nt lie Brooklyn Hospital. She left the bouse nnri v. e.it. to the hospital at A.

telling the do she was going to the store, she returned al 1 P. M. and when the doctor asked her where i he had been she stated that she had been to ner mother's to see the baby. During the evening Dr. Kindred and his attendant walked into the room without being announced, introduced himself, stated for what purpose lie had come and said: "To be frank with you.

you have been committed." The doctor asked to see commitment papers anil insisted that was his right and privilege, but Dr. Kindred refused, but said he might see the Judge's signature. The doctor dressed and I packed a few things in his telescope bag and he left the house. This was about or 10 o'clock P. M.

He bad on thin gau underclothes and no overcoat, although it was a verry chilly night. No carriage was ordered and they wen f.n the cars. On September Dr. Winter telephoned me asking me to come and see him. I went to soe hijn on the follow.

tig Sunday, all hough was well aware lhat there was strong ohjertion to no going on the part ot those in the as well is others. The following day I got a calling down from Dr. Macumber for going tt. see Dr. Winter, telling me that I could lake my choice, either stop all communication' with the do' tcr or give up my position.

During my visit at. the sanitarium on October I noticed that the building was damp and there was a decidedly musty smell, which was more noticeable in the halls. 1 also went In the bath room two or three times and found It in a horrible condition, as Dr. Winter claimed. While I was In the doctor's room I saw the cocaine and syringe and know that Dr.

Winter was nt liberty to use It as he wished. I also know that he did use some of the cocaine solution while I was there and that he helped himself to it, the attendant not being present. In my opinion the place was not fit for human beings to live in. I spent four hours In the institution, which was quite Jong enough to gain a very good idea of the place. Dr.

Winter contends that there was a plot to make him a confirmed erroaine fiend and that tho cocoaine was allowed to be in his possession so that ho could use it at hi pleasure. That part of Miss Verner's affidavit relating to cocoaine boars out his claim. To prove that he was no; addicted to the use of cocoaine. beyond the oruVrs of his physician. Dr.

Winter will use tho following letter, written to him by Dr. V. K. IJoardsley: 10! Taylor Str et, Hi N. I ember Dr.

F. G. Winter: 'My dear I roc filer: lining called to attend you on April IvOO. two weeks after I had assisted you at an operation, w'in're you Infected your forefinger accident.aily hy tin instrument. On April 14.

I found y.ui suffering from infection of the prostate gland nn i general li poisoning. After about attending you for about weeks you were removed to Seney Hospital, and there subjected to t.wo surgical i.p. catioTis ny Dr. Fowler. After three weeks il 'SpiTa treatment, you were rn nsferr.

to your Iwuje, where I treated ui for on. month, loir the past eight, een months I have had opportunity to see and treat you at frequent intervals, and during all thhi time I ha e. never observed the slightest sign or symptom of either drug pol. 'on ing or mental aberrat Icn. Cocoaine has been used, but has only been employed to relieve the pain attending and following the operations.

As far as my knowledge extiends. I have no reason to think that you have ever been cocoaine habitue. or at time mentally incompetent to conduct and manage your own personal affairs. ConltaKy yours, W. K.

KBAKDSDEY. M. D. Dr. Winter says he will call the attention of the State Board of Lunacy to Dr.

Macuni ber's action. The third paragraph of section 61 of tbe law relating to tho commitment of insane persons reads as follows: "Ne'ltlher flireh physicians Khali he a relative of the person appl3 lng for fhe order or of the person ojl le ged to be inisane. or a wan ager, supertu tendeavt. proprietor, ollioer. stockholder, or have tmy pe entn'iaTy interest, directly or indirectly, or an attending physlciani in the institution to Which ll is proposed to commit such person.

Dr. Winter has cards and circulars of the River Crest Sanitarium which bear the name of Dr. Macumber as being a representative tit the sanitarium. The circulars state that application for admittance of patients to the sanitarium can be mado to Dr. Macumber.

VAN WYCK REMOVE NEW BRIDGE BOARD? A Startling Eumor at To day's Meeting in New York. QUESTION OF POWER INVOLVED. It Is Thought That the Mayor May Take the Same View of the Matter As He Did in the Case of the Aqueduct CommissionThe Law on the Qiition of Appointment Not Clear Engineer Buck Submits a Report Can the Commission Work With Seven Members It was unofficially stated at this afternoon's meeting of the Now East River bridge commission that some of the comanlssloners fear that Mayor Van Wyck may follow the precedent be established when ho removed the' commissioners of the Croton aqueduct and remove the bridge commissioners from office. Tho Croton aqueduct comiuiijs loners were appointed under am act similar to the new bridge act and they believed that they held office until January 1, 1901, and could not be removed. In the case of the aqueduct commissioners Mayor Van Wyck treated them as city officials whom he was authorized to remove.

Such officers are described in the charter "As holding office by appointment by the Mayor." It is not definitely stated In the bridge act of May 27, 1895, that the commissioners shall continue in office until the bridge is completed. Neither has that point over been amended. All the bridge commissioners are Republicans. They are: Andrew D. Baird, Salem H.

Wales, Francis B. Thurber, Richard Deeves, James H. Sperry and Henry Batterman. The salary is $3,000 a year. Mayor Van Wyck did not appear at.

the regular weekly executive meeting of the new East River bridge commission, held this afternoon at 49 Chambers street, Borough of Manhattan, although he was especially invited to attend. The Mayor of the Greater City is an ex ofncio member of the commission. Chief Engineer Buck, in his regular report submitted at to day's meeting, says that there has been three days of concreting the south pier of the New York tower foundation. The concrete is now within one fooi of the top. A small gang of men have been at work around the caisson.

On the New York anchorage a trestle tramway is nearly complete and the contractors are about ready to resume driving. The work on the Brooklyn founda tion has consisted of placing concrete in the south caisson and building cofferdam for the south caisson and continuing the erection of the timber work' on the north caisson. The south caisson is now about forty one feet and the north caisson has reached a height of thirty two feet. Speaking of the Brooklyn anchorage Engineer Buck said the removal of buildings and 'building of the erection is progressing rapidly. Ingraham Says the Commission Can Work With Seven Members.

Before the meeting was called to order several of the commissioners questioned Colonel H. C. M. Ingraham, counsel for the commission, on the possibility of legal complications arising from the fact that although the commission was organized with eight members it will in the future consist of only seven. Some of the commissioners suggested that it might be necessary for Mayor Van Wyck to appoint an additional member of the commission while others contended that it would, perhaps, be advisable 'to in troduce a bill in the Legislature mending the original bridge act.

The fears of the commissioners, however, promptly dispelled by Colo nel Ingraham! who said that he had given the matter some consideration and that he had decided that it will be perfectly legal for the commission to work with seven members. It appears that the act empowering the cities i new iore ana Brooklyn to bniid the new! East River bridge states, after providing for the appointment of three commissioner. from each city, that the mayors of Brooklyn and New York shall act as ex officio members o'" I the commission. When the bridge act was I drawn up consolidation was little more than i a dream and no reference was made in the law i as to just What cnanges must be made in the I makeup of the commission in the event of the union of the governments of the two cities. The question therefore naturally enough arose I as to whether the commission wouldn't be proceeding illegally to transact business with I only seven members whiis tho I which i'JlB nmrnlccinn i Ao nyiMUg uuMiiicuy states that the board shall be composed of the three commissioners from each of the cities And of the two mayors.

i Colonel Ingraham, in answer to the arguments advanced, pointed out the fact that the law staites that the mayors are simply members of the commission ex omcio, and that, therefore with the expiration of their term or the abol'tshment of the office, the necessity of anyone occupying the place ceases to exist. In other words the mayors were members of the commission simply by virtue of theiT office and as is only indirectly stated iat tie commission shall consist of eight members, there is nothing to prevent the board from transacting business with seven. There isn't the slightest chance of legal troufcle resulting from the reduction in tihe number of the members of the commission," eaid Colonel lagraham to an Eagle reporter "The mayors under the original act are members ex omcio of the cc mmission, and were given that power so that they might Keep traCK oi wna Happened and prevent the interests of either city from being injured Now that Mayor Van Wyck is the official lead of the greater city he becomes a member of the commission, and of course represents the people of both the Boroughs of Manhattan and Brooklyn. It is, perhaps, even 'better to have the commission number eeven members instead of eight, for with the former number it is impossible to have a tie vote. It is.

of course, nonsense to talk about epecial legislation or the need of Mayor Van Wyck appointing another eonxmlssl oner. It is perfectly clear to me chat the commission can proceed legally with eeven members." the bridge litigation with the exception of the Gordon suit, now in the Court of Appeals, has been cleared up by Colonel Tngra ham and he was to day warmly congratulated by the commissioners. Colonel Ingraham has been successful in every action despite the fact that he has been obliged to fight some of the most capable lawyers in the greater city. NAMED BY THE PRESIDENT. Washington, D.

C. January 5 Tho President to day sent the following nominations to the senate: Francis C. Lowell to bo United StateB district judge for the District of Massachusetts; Henry L. Burnot, attorney of tho United StateB for the Southern District of New York; Leander V. Mitchell of Indiana to bo assistant controller of the treasury; to bo collector of internal revenue.

J. G. Ward, for the Fourteenth District of Hew York. Owen I. W.

Smith of North Carolina, to be Minister Resident and Consul General of the United Stated to Liberia; James G. Stowe of Missouri, to be Consul General of the United States at Cape Town, ('ape of Good Hope and Herbert G. requires of Now York, to be Secretary of the Legation of the United States at Peking. China. O'llon line's Fifth Avenue Coffee.

Bold by leading groceries Adv. President Grout Explains Why He Was Not at a Board Meeting. President Grout was absent from tho meeting of tho Board of Publio Improvement in Manhattan Borough yeBtcrday. Ho was aaked to explain his abBonoo this morning nad said: "1 was absent from tho meeting because I received no notioo that it was to be held. Had I received such notico I Bhould pertninly have attend COVERED WITH BLAZING OIL.

(Special to the Eagle.) Jamaica. L. January 5 A. Wiltse, superintendent of the Jamaica station and yard of tho Long Island Bailroad, was vory seriously burned about his face aud body lattt night by falling down the stairway of his home with a lighted lamp in bis hand. The lamp was shat tered aud he was enveloped by the blazing oil.

Ho received prompt medical aid, but is in a dangerouB conditiou. DURRANT'S APPEAL DENIED. San Francisco, January 6 In the United States circuit court to day Judges Morrow and De Haven denied the application for a writ of habeas corpus in the Durrant case and also refused to grant Durrant's attorneys leave to appeal from his decision. ALL RAILROAD BRIDGE. Assemblyman Brehnan to Introduce a Bill in Legislature Senators Support Secured and Prospects Are Bright.

Citizens of this borough interested in the project of an all railroad and bicycle bridge will be pleased at the news that a bill for this purpose is to be introduced in 'the Legislature as soon as possible. Edward C. Bren nen of this city, who is a candidate for chairman of the city committee, is to father the bill and the support of a number of senators has been secured, so that the bill already has acquired considerable strength. The feeling in this borough is so strongly in favor of the new structure that it is felt that every Brooklyn member of the Legislature will be anxious to support it and the men behind the movement are confident that it will pass in quick order. Former Bridge President Berr who has been an enthusiastic and active advocate of an all railroad bridge, has been one of the prime movers in the project which has now reached its present tangible shape.

He said this morning that with the strength already acquired In favor of the bill be anticipated no great difficulty in passing it and after that would come the real fight, to get the new administration to authorize its erection. In this respect he pointed out as an encouraging sign the interest taken in the project by Commissioner of Bridges Shea, Controller Coler and Police Commissioner York. These three officials are this borough's representatives In the new administration. and it Is felt that they will do everything possible to secure this improvement for the borough which they represent. Commissioner Shea has already expressed in the Eagle his views favoring such a struct ure and pledged himself to agitate the erec tion of the bridge In 'the Board of Public Im provement, of which he is a member, and which body must pass upon the project.

It is generally regarded that the prospects for the erection of the structure are brighter than hey have been during all the years the subject has been advosated, and every effort will be made by the men behind the scheme, which offers so great and needed improvement for the benefit of the people of Brooklyn, to push it through to a successful termination. SAID TO HAVE TAKEN POISON. It Is Supposed That George Kenney Attempted Suicide Because His Wife Had Left Him. A few minutes after 1 o'clock this afternoon, a middle aged man who pas passing along Boo bling street, in tho Eastern District, was Been to sit down on tho stoop of No. 20, apparently Bick.

He becamo unconscious in a few minutes, and was about to fall to fall whon caught by officer O'Maliey of the fifth precint. Throe men who give their names as Poter Clarke of 191 North Fifth street, John P. Jacobs of 126 Roebling street and Thomas McBride of 10 Haremeyer street, told the policeman that the man's name was George Kenney, 35 years old. a shoemaker, who lived nt 79 North Fourth street. They also informed the policeman that the man a few minutes previous had been in Jacoby'e saloon, at 126 Roebling street, drinking, and that shortly before be left ho walked into the lavatory of the store and swallowed a quantity of laudanum from a bottle.

From investigation by the police it appears that Kenny's wife is iu Kt. Louis. It is" supposed that he attempted to kill himself through grief of being separated from her. Ho was taken to the Eastern District Hospital. His condition is critical.

SUICIDE OF A YOUNG GIRL. Act Due to Despondency Caused by a Love Affair. Sadie Sax, 23 years old, committed suicide this morning by swallowing carbolic acid at the home of her uncle. 147 Eessex street, New York. The act was due to despondency, it is said, caused by a love affair.

Miss Sax, according to report, was engaged 'to be married to Oscar Epstein, a young man, living in One Hundred and Sixth street, New York. The couple met in Providence, R. and fell in love with each other. Subsequently they quarreled and the engagement was broken off. Miss Sax came to New York several months ago and wrote several letters to her former friend, which, rumor says, were unanswered.

This made the young girl very despondent and led to the act which resulted in her death. ZANOLI TO BE PROSECUTED. District Attorney Gardiner Denies Today Certain Reports. District Attorney Gardiner of New York, through his secretary. Mr.

Bryan, said this morning that the report that prosecution agaiuat Zanoli would be dropped 1b untrue. Professor Witthaus has not made a report and even if the report was unfavorable to the prosecution the case was In the police courts and would be pushed through to the end. He added that tho ends of justice would be aimed at wherever crime was suspected and it mattered not what the expense might be. Assistant District Attorney Forbes J. Hennessey said that no report had been mado by Professor Wittbaus either verbally or otherwise.

The charges against Zanoll will be pushed to the furthermost. Railroads Begin Work at Once on the Bridge. NEW INJUNCTION FEARED. The Manufacturers' Association Will Proceed Against the Companies if It Can Secure a Sufficiently Strong Case. If Uninterrupted, the Railroads Will Be Ready to Operate Cars Across the Bridge Roadways in Three Weeks.

What Tom L. Johnson Says. Work on the trolley changes in the New York terminal of the bridge was begun this afternoon shortly after 1 o'clock. This was mad possffiHe owing to the fact that the decision of the Appellate Division of the Supreme Court vacating the Hearst injunction was recorded to day with the clerk of that court. Counsel for Hearst made a fight for a stay and also for leave to carry case to the Court of Appeals, but each tion was denied and this removed all legal obstacles in the way of continuation of the long interrupted work.

This work wiH be pushed night and day, with the exception of Sundays, and the trol ley officials are confident that unless further legal obstacles arise, trolley cars will be reg ularly in operation across the bridge in anoth er three weeks. In this respect they are like ly to be disappointed, as the Manufacturers Association of this city is now contemplat ing bringing an injunction suit and Ludwig Nissen, chairman of the committee in charge, said this morning that in alii probability an injunction would be sought. There was a large gathering of railroad men in the bridge office this morning awaiting news from the appellate division. Com missioner Shea and the Brooklyn borough deputy, Harry Beam, consulted with the railroad officers, among whom were Tom L. Johnson of the Nassau road, Professor Collins Engineer Brackenridge and President Rossi ter of the Heights system.

When the infor mation that the order had been recorded arrived Commissioner Shea refused to au thorize Chief Engineer Martin to issue the permit for the work to begin until he had laid the matter before the corporation counsel. to tnis ena an adjournment was taken to Corporation Counsel Whalen's office in New York, where the verdict was given that the injunction proceedings were now at an end and there was no obstacle in the way of the continuing of the work on the loops in the New York terminal. Commissioner Shea accordingly authorized Engineer Martin to issue the permit and soon after 1 o'clock the trolley roads had a gang of nearly two hundred men at work in the New York terminal. Chief Engineer Brackenridge of the Heights system was in charge and the work of removing the temporary ob structions and laying the rails was at once under way. Trolley cars loaded with tools and tracks and all kinds of material were at once dispatched over the tracks on the north roadway and for the next few weeks the terminal will present one of the busiest scenes in the greater city.

The two eighty foot girders are on hand and will probably be placed in position this week, as until this is done the loops cannot be completed. Engineer Brackenridge said that he would keep his men at work night and day and that all tho changes on the bridge would be completed in sixteen working days. When he was asked if he would work Sundays Mr. Brackenridge said he thought not, although it was possible. It was Presiding Justice Van Brunt of the appellate division of the Supreme Court who signed the order vacating the Hearst injunction against the construction ol the trolley loop in the New York terminal.

The matter came up at 10 o'clock and there were present James C. Bergen, counsel for the bridge; Mr. Einstein, counsel for Hearst, and William F. Sheehan, representing the trolley roads. Counsel for Hearst asked the court for a stay, which was refused, as was also the motion for leave to appeal.

The order was then signed thus removing all legal obstacles in the way of the trolley companies continuing the work in the terminal. Professor Charles Collins, counsel for the Heights system, said this morning that the work on the terminal was in no further danger from the Hearst proceedings. As the appellate division has refused a stay or leave to appeal, the only way the case could be carried to the higher court was securing leave to appeal from one of the justices of the Court of Appeals. In that instance a stay would be granted, but it would be a stay on the present staus of the case, with theinunction dissolved. In this event the work could proceed, and the only way the work could be stopped would be by another inunction.

In this event the matter would again be taken before the Appellate Division, and it might reasonably be expected that this court would decide again in favor of the railroad, as it has already done in the Hearst injunction. Tom Johnson Expects More Trouble. Tom L. Johnson, one of the principal owners of the Nassau road, was very happy this morning over the fact that work was about to be begun on the long delayed work in the terminal, but his happiness was in a measure clouded by the fact that he anticipated fuT Dner legal proceedings tnat would result in another block. He to an Eagle re porter: "With this action of the appellate division we are free to continue the work in the New York terminal which has been blocked so long.

If it had not been for these proceedings wo would hr.ve had trolley cars running across the bridge in December, and while the path is now clear, I anticipate further legal proceedings which will result in another block. The Hears: suit will probably be appealed, if 1: is possible, and al though this cannot block the work from being continued, I feel moderately sure that odier proceedings will be brought. 1 do not care to say who will bring them, but I wiil say that, the elevated roads would do anything to stop us. the trolley roads operate across the bridge this month, as in the present status of affairs ds possible, we will cut terribly into their (business and will carry nearly every passenger that crosses the bridge." i nut to uo expected mat people will take the elevated cars, make a change at the bridge and pay an extra ihree cent fare, when they can take the trollev cars nnri ho transported to New York without a change of cars and for one fare of five cents. For this reason I think the trolleys wiil do practicallv all the business and even when the elevated cars are also operating on the bridge I think tne trolleys win uo su per cent, of the busi ness.

In re gard to the plane for reaching and leaving the bridge it has not been settled that all cars reach the bridge by Washington and leave by Fulton street. Fulton street, we find, cannot, accommodate all these cans and while all the cans will necessarily leave tho bridge at Fulton t. they will only run uptown a block or so, and will then reach their present tracks by the cress streets, such a.s High, Nassau and Con cord. The plan is to lay as many tracks as possible and to have the cars ot every company use them in the way to offer the public the best and quickest traveling facilities. The companies are In accord In this matter and there is no Jealousy or rivalry anions them." A Probable Manufacturers' Association Injunction.

A meeting of the committee on bridges of the Manufacturers' Association was held last River Crest Sanitarium. Declared to Be in Shocking Condition. DR. MACUMBER ATTACKED. It Is Claimed by Dr.

Winter That He Had No Authority to Sign a Commitment Sending Him (Winter) to the Asylum The Former Patient at the Institution Produces Evidence to Show the Condition of Affairs There An Affidavit by His Nurse Concerning His Use of Cocaine. Dr. Frederick G. Winter of 18 Patchen avenue is ready to file with the State Board of Lunacy at Albany sworn affidavits in corroboration of his charges regarding the River Crest Sanitarium, in which the doctor was confined for eight weeks as an alleged insane patient. Aside from the alleged brutal manner which the doctor says the patients were treated, the sanitary condition of the institution, the sworn deposition says, makes it necessary that the authorities at Albany give the matter a thorough investigation.

Dr. Winter is doing more than attacking the River Crest Sanitarium. He is endeavoring to make a case against Dr. John Macumber, one of the physicians who signed his commitment paper. In his charges he says that Dr.

Macumber acted illegally in signing his commitment paper, as he had never registered with the County Clerk of Kings County as an examiner in insanity, and that when on the witness stand he swore falsely in stating that he had been. Dr. Winter recites the case of Thomas Morgan, which came up last Thursday before Justice Asplnall, when Morgan's wife tried to have him declared insane, on the certificate of Drs. Russell and Macumber. The case was dismissed when Mr.

Morgan, through his counsel, proved that Dr. Macumber had not registered, the court declaring the examination invalid. Dr. Winter's affidavit contains the points already mado public in the Eagle. He accuses the officials of the sanitarium of brutally treating the patients, of neglect and of keeping the building in poor sanitary condition.

In his charges regarding this last alleged offense, Dr. Winter does not mince his words, but openly says that the sanitary condition of the building is not the result of unavoidable causes, but pure indifference to the health and welfare ot the patients. He pictures the most frightful conditions and says that the place is a disgrace to a civilized community. Dt. Winter has made the following sworn affidavits Studley's 1,082 Uroadway, Brooklyn, N.

4, 1898. This is to oertifv that I had the contract to put in a furnace at Itiver Crest Sanitarium. Astoria, L. 1., managed and controlled by lr. Kindred.

I was engaged In the work from October 14 to October 23, 18S7. inclusive. I was all through the building, from cellar to garret, and had ample opportunity to learn about the sanitary condition of the plae. I was obligvd to do some work In the bathroom, and there was a horrible odor In the room. 'Hie water supply for the entire building was from a cistern, which had become nearly dry before I went there.

The occupants of the building were obliged to drink the washing: from the roof of the house until the cistern became dry, which it did two or thre days after I went there to work; then the water was broug ht from an old cistern at the barn, intended f.jr waterinK the horses and cattle. This supply, even, was very limited. Several times when I wanted a drink of Witter I waa unable to i any. jus the water cooler was empty the water direct from the cistern waa unlit to drink. In fact, I was always anxious to get away from the place, in urder to Ket a fresh drink of water.

'nitre were about thirty people in and about the institution, mil only one bathtub In the build inc. am that r.sim without ruti ninK water. The building was damp, and I considered it very unhealthy: there was a musty, moldy odor throughout the whole building. Wc.rkhu attempted to dig a well about one hundred feet from the house; they dug down about twelve feet, then attempted to drive a pipe, but soon struck a roek and wive up the job. When 1 finished my work, on Oetolwr the well diggf rs were Irving to open an old, abandoned well near the house, which had caved in years ago, but they had found at that time.

The wood work in the liiiaciiMu was rotten. Fn.m what 1 saw and heard while working in River Crest Sanitarium, I am convinced that all that Dr. Winter has stated regarding that Institution Is true. The condition of the place was horrible, and in my opinion was unlit for an Institution of any kind. It is surprlslng to me that there has not been an outbreak of typhoid fever before this.

john smrDLEY. Signed in my presence and to before me this ith day of January, ISiis. S. H. HASSTINOS.

Public Kings County. Br 'xiklyn, X. January 4, MR. This is to certify that 1 visited River Crest Sanitarium on November tIS, JSi7, with an order from Dr. Winter for his elcrthlnir.

etc. I In the parlor, the omoe and upstairs In the room formerly occuple.1 by Dr. Winter. 1 found the wall paper moldy in phiz es and commencing to prel off. I MhouH consider the place very unhealthy and damp, and not suitable for the purpose that It is now us.

I'pstMirs, on the second floor, there was a decided musty, nmldv odor. CKOHtiK K. nLIjKR. Signed in my presence and sworn to hefiore me this 4Ui day of January, lslts. S.

HASTIXtls. Notary Public. Kings County. Dr. Winter promises sonic sensational de velopments regarding his commitment as a lunatic, and he Is open in his charges of fraud, backing up his allegations with the sworn statement of Miss Ella Frances Verner.

ne nurse wno attended him at his home be tore ne was tatten to the sanitarium, and a letter written by Dr. Heardsley, who attended him. Dr. Winter otiotea from tho relating to the commitment of insane persons, as follows: ioh hys icl. ms shall jointly mak.

a final ex amination or the ihtk to be in satve within ten days next before th granting ot the order. The d.K tit, certificate shitil be the date of iK Joint examln.it ion. Dr. Winter declares that there never wa joint examination by Ore. King and Ma cumber, and in this he is sustained hv viu Verner.

In her sworn affidavit, Miss Verner says Ur. Ma. um'o. during ever. In jf the r.tii lined with the i.r s.

if he w.m! 1 v.a.v in for the nio Dr. Maeumber ask 1 if I it willing tlnue nursing Dr. v. titer. I told hhn I was.

At jr I tie. no oth. tor being with SVjjt. triin.r al he did S. 27 the dr.

ii ee i ni ic. ir tlris i iKit an.l M' he was pres nt at tin passed a se. in, 1 to .1.) him not na to use at, tor a very M.i"i::nl,er i witli th i' itiorn.rg I tv m.un. 1 r. tn.rnit..

The iWin'orj qa. i a different ir: I vise hu: a. 1 had I'. eiv, in 1 instruct it. and when from t'iie the d.

1 a use hU Judgm. 'i: a more than ri, s. was Dr. Kir.g all. In tbe o'clock, af I was in arid out of th.

i Joining of ab. ut they told olm to tit it an not us any I con. ,) that 'to manage it himself. venlng about or Ui retir. the night, om, but v.

a. in th ad imc, with the door u.ih Dr. which niinute s. o.0 while Dr. King w.

was about five or morning of th" sth of told trie that she had ptcmber Mrs. Winter meet Dm. King and Macumber at 11 dock, with the doctor's brotb rs and make arrangements for him, as I imposed, to enter tbe Liunhwlck Hospital, aa he uald Hundreds of Bills Introduced in Both Branches O'GRADY'S SLENDER MAJORITY. In the Voting for Speaker the Republican Candidate Received 77, the Democrat 67, Laimbeer 2 and Week3 I Familiar Measures Bob Up Senator Brush's Amendment Regarding Special Juries and Commissioners His Bill Providing for a Better Water Supply. Power of Removal Bill Aimed at School Boards Cantor's Anti Trust Measure Proposed School Teachers' Pension Fund Thorne Files His ProtestAdjournment Till Next Wednesday.

(Special to the Eagle.) Albany. X. January The Legislatura of the Slate of Xew York convened this morning for the session, the Sena 'e at 11 o'clo 1 and the Assembly an hour later. In the upper house some idea of the bi ncss ahead was gained from the batch of which were hurled hy the basketful at tn clerk's head as soon as organization was effected. Along with the res Senator Brush of Kings sent up an tiri.il'ul.

At the conclusion of the reception of bills flic Governor's annual message was received and read. Over in the Assembly the clci tion of officers occupied a considerable portion of the time. James M. K. O'Crarly was chosen as speaker, the vote on roll call being O'Grariy.

77: Donnelly. (17; Laimbeer. 2. and Weeks. 1 a total of 117 votes cast.

Thai, gave a line on tho probable working force on which the Republicans wil have to run during the session. When the Assembly convened ihe galleries and standing room wore all well filled and on many of the desks sioo.l baskets of flowers and huge floral horseshoes. Among the recipients of these offerings were Davis and Schmidt of Kings, the latter's horseshoe coming from his admirers in the Seventh, Elgbtbl and Ninth Districts of th, Eighth Ward. Among the bills introduced in the Senata many of the old familiar ones of last year bobbed up. having to do with the reduction or the price of gas and the old trust bill.

In batch which Dr. Brush put In was a charter amendment, providing for special' juries and special jury commissioners in New York and Kings Counties. The bill simply seeks to repeal tho old law, of which Dr. Crush had this to say to day: "This old law was enaeterl two years ago. its ostensible purpose being the improvement of the of jury trials in our large cities.

'Hie argument in favor of the iaw was that in a certain class of ises it w.t biA i. have unusually intelligent Juries and the pur pose was to have a jury list of citizens liable to duty, specially selected for these cases. Some of us were in doubt as to tin need of such legislation, but yielded to ilo. iiwie of those who wenrrmoro familiar with suck matters, it occurred to me some time ago to inquire into the operation of this law as had heard unfavorable criticisms tijiou it. Inquiry revealed the fact that there had never been a jury drawn under the law.

that the commissioners had been appointed and their deputies and ether attaches, who had regularly drawn their salaries. The Jury lis'ts had also been made cut, including several thousand names in both cities, but so far from the law being a beiu tit it bad been an actual damage, according to the Judgment of the officials from whom the in forma tion was obtained, its operations Hie men on these lists were exempt from all other form of jury duty. Having performed 'none took from the hands of the regular commissioners valuable men who should and would under the old system he acting as trial Jurors. In I found the law for all practical purposes during Cue year an.l a hall lias been in opera; ion. worse than itseh and involving tin expenditure of from Jln.nie) to annually for salaries for which the taxpayers were gelling no return whatever.

The Republican party i ann to rest under the stigma of allowing such a law to remain on tbe tatiite bunks and I hope for ils speedy repeal. Tin se are my only reas uis for tha introduction of tie bin." Another bill int rodm ed by Senator Brush seeks in amend the n. charter in relation lo the Health Hoard formal ion. It provide Tor the appoiniiuent of four health commissioners instead of three, who shall hold otlleu for four instead of six years, ami two of whom shall have been practicing phvmeiana for not 1c.sk than ten years. These diseases are sought Lo be characterized as contagious, pestilential or infectious: Miasles, diphtheria, earlel fever, smallpox, hicketipox.

whooping cough, typhoid fever, typhus lever, cerebrospinal m. uingit.i. Asiatic cholera and yellow fever. Every physician who fails to report tbe existence or such diseases is be deemed guilty of a ml.sd. mca.nor and forfeit.

$lno for each offense, to sued for by the department. The Senator r. ol ii. cd his primary law bill of la st yen a seeking to authorize the state or and surveyor tu investigate and report to iv l. g.s'atiire the oecttrfijly Tor protecting further Jn of water supply in the Adirondack The lull can es an ion lnhOO for the work of In ig.i Siiiator Brush introduced a bill providing for the tn atini in ol" persons tt.l dli tij to the use of alcoholic stimulant: opiates, iul, drugs, pou proof magistrates are l.y the bill com in it stn persons to the or c.

hospital for a period not in exe i one yar. i'rovision is to te mad' mic'i i nr ittii ionn for th. proper care n. iei; 1'poa the application of bo oxinihiitii to private institutions that ato duly icgis fered with the county clerk. In Lhe Ass.

in.Uy thorne profit aga.ns: th potion Samuel Hub be rd fri'tn t.hc Tent!) Ass. jiibly of Kings. Mr. Thorne revp Ay i facts in th contest, dudi.ring that plurality laim. by Hubbard was tti.

"through error and nowi ilp tie part orttta: th. ti and k'gtil iards of ran listricrs who vusm rs of th. rio is eanve.MS.'i the vor. last. Mr.

Thorne is pp Kliiot.f as ss. I 'red S. tro. luo ed a lull f.es t' ach.T Brooklyn now of a 'nf e.l by (korgc F. of Kintrs in e.jiiali:;.

the sala ongh of in the B. A. uiblyriian has already ingratiated himself the h. a. of his 119 fellow members of 1.

ii nis they twk Hielr s. ats t.hi morning tElcy upon each desk a a 1 containing a brh ateh holder a a circular expressing each Mr. We k. felicitations and best wishes for a happy pe year. "I do that wnh my customers," aid the donor, "and tin, might, be a nice way of wtseilng a happy new ar to my fellow asse.tibiyinoii." Mlehaol J.

Dady. Wa.lt. B. At erbttry. Robert.

M. lohnwm. Port Warden and Naval Ofllcor Sharkey were witness, to the assembling of the legislature. Mr. Attrrbury said he simply came up the river to see some of his old He admiuitd that while he bad not sought be airmanship of tbe Kings County general committee, hb fricads h4 ii au injunction wouia De sougnt be said that in all probability it would.

He added: "We are investigating the matter and looking for the best counsel to engage and also preparing expert opinion that would have weight with the courts. If we can arrange matters so that it will appear to our satisfaction and that of our counsel that we have a good case, we will surely act in the matter and try to stop the cars from crossing the bridge. We are all of the unanimous opinion that the project should be stopped, but we also know that there are many things which should be stopped and that it Is impossible to stop them. We do not care to make a fight and spend a lot of money unless there is a chance of our winning and this cannot be determined until we have concluded our investigation." Mr. Nissen concluded by expressing the opinion that the injunction proceedings would probably be instituted in tbe course of a week.

FRUH MEETS A NOTE. One of Which John H. O'Rourke Appears as Maker Taken Up by an Unknown Party at the Fulton Bank. A note for $2,000, in which John H. O'Rourke appeared as maker, became due at the Fulton Bank on Monday, and was taken up by some one, whom nobody appears to know.

It was stated that this note was drawn in the regular way, but did not appear in the books of Mr. O'Rourke, who was very much relieved when it was provided for. This is the latest development in the case of Mr. Fruh, except that yesterday afternoon Secretary Abell of the State Board of Charities, called on James A. Murtha, who bad acted as counsel for Mr.

Fruh, in company with a Mr. Williams of Troy, who was a sub contractor under Fruh in the Kings Park work. It was tben developed that Fruh two days before his disappearance had received $10,000 for his work. Of this he paid Michael J. Dady Mr.

Williams was looking for $7,100, which Fruh had agreed to pay him when he received this money. When informed of what Fruh had paid Dady Mr. Williams was very much incensed and stated that tie would appeal to the police authorities for assistance. Inquiry at police headquarters failed to identify Mr. Williams as an applicant for assistance there.

NoDhing has been heard from George Fruh. but it is accepted from the taking up of ttie note tor sz.uuu tnat lie is not very far away and that he has an agent who Is looking after nis interests. WILL PROTECT THEIR RIGHTS. Minority Shareholders of the Kings County Traction Company Indignant Over the Proposed Sale of Stock. Holders of Kings County Traction Company stock have received the following communi cation from J.

W. Seligman Notice to Stockholders Kings County Traction Oilll'rt iiy Wo hav sold, in connection with other Lire, shareholders, more than a majority of the stock or tne Kings county Traction Company at the price of per share, and have made it a condition of rite sale that the minority stockholders ne given tne right to dispose ot their stock at the same price. desiring to avail themselves of the option may. by presenting their eertith ales to the uuuratvty twniany of New York, corner of Nassau and Cedar streets, receive cash for the same at the above mimed price or $47 per satire. rhe right to sou un J'jr the option vv 11 exoire ja nuar There are so far as is known no stockholders who are complying with this notice and among the minority holders there is considerable indignation that their interests have not been better protected.

There will, of course, be opposition to the reorganization plan on tne part or tnese stockholders, and it is reported that already papers are being drawn up looking to the appointment of a receiver to secure for the minority at least as good terms as the majority stockholders have secured. FAVOR UNITING POST OFFICES. Residents of the Borough of Queens Be lieve They Would Get a Better Service. (Special to the Eagle.) Jamaica, L. January 5 The proposition to consolidate al.

tne post ofllcea in the Borough of Queens with the Brooklyn Post Office meets with the general approval of the citizens of this district. A special act ci Congress will be necessarily in the case of Long Island City and Jamaica as they are county seats, but the other offices could be consolidated with Brooklyn by the Post Office Department, under already existing acts. In Long Island City, Flushing and Ja maica a free delivery system Is already in operation and there are from four to six deliveries a day in these districts. In Long Island City the receipts nf the nmw for the last fiscal year were $34,000. the salarv of the postmaster, $2,900, clerks, $5,000, office rent, light and fuel, $800, and or the free delivery service, "net income, $8,741.

in riusmng ma receipts were S23.760. sal ary of postmaster. $2,600, clerks, $2,500, rent. is" aim tuei, inu.ats. ana tree delivery, Hit.

there being seven carriers: net lnmm' $11,900.02. lu Jamaica the receipts were $12,041 salary of the Postmaster, clerks, si Son rent, light and fuel, $S00, and expenses of free delivery system, $2,338.13, there being four carriers net income, $5,702.87. The receipts of College Point, salary of Postmaster. $1,300: net income S2 l'ts Whitcstone receipts. salarv Postmaster, and assistant, not income.

Woodhaven receipts, salary of Postmaster, net income. $1,417. 'Richmond Hill receipts, salary of Postmaster, $750; net income, $1,781. Far Rcckaway receipts, salary of Postmaster, $1 'J00 rent, light and fuel, $100. Beside the above second and third class offices, there are several fourth class offices at Queens, Mollis.

Springfield. Newtown. Corona. Evergreen. Middle Village.

Woodside, Winfield. Bay Side. Great Neck and Doug whose united receipts will probably be not far from $8,000 and the expense of operating them about 40 per cent, of the receipts. it is believed by a number of the postmasters of the borough that a large percentage of the above expenses could be saved by consolidation with the Brooklyn Post Office, of which they would become the employes, and that a much better service would he' secured to the people the whole borough. MARTIN O'CONNOR TRACED.

Martin O'Connor of 400 Pacific Ktreet, who has been missing since January 1, bas boon traced to Europo by the detectives employed on the case. Mr. O'Connor left bin home on January 1. with tbe intention ni' going to his furniture store at 184 Myrtle avenue, but instead took tho steamer to Liverpool to visit bin brother, who is in tbe royal customs service inthatcitv. O'Connor bud in his possession nt tho time of reaving.

His sudden determination to go abroad has surprised bis friends. CONGRESS RECONVENES. Hawaiian Annexation Treaty to Called in the Senate Next Monday Teller's Resolution. Be Washington, D. C.

January There was a very large attendance in the Hall of Representatives when the House re cMiveneil today after the holiday recess. The galleries were crowded. It was noticed that, nne or exceptions, the members of the Ohio delega: ion, both Democrats and Republicans, were absent. Those who arc not in Wa sliingtoii arc at Columbus taking part in the contest. Without any preliminary business, House went into committee of the resume consideration if the legislative, i nocii tive and Judicial appropriation bill.

All the features of the bill had been disposed excel) the appropriatir.n for the Civil Service Comniiuion. upon which, by previous ar rangemnt. there was to be an indcliiiite general debate. In the Senate Mr. Davis, chairman of the Senate conunitee on foreign relations, gave notice that he would call up the Senate Hawaiian annexation treaty in executive on Monday next and ask the Senate to consider It each day thereafter until the treaty shall be disposed of.

Senator Teller of f'nlorado introduced a concurrent resolution declaring that the bonds of the United States, principal and interest, should, nt the option of the government, im paid in standard silver dollars and that such payment is not in violation of public faith or in derogation of the, rights of the public or creditor. The resolution was referred to the finance committee. CHINA MAKES CONCESSIONS, Kiao Chou Difficulty Settled Feeling in London That the Situation Has Improved. Pckin, 5 The Kiao (Thou difficulty was settled yesterday at a conference of the Tsung Yanven (Chinese foreign office which made the necessary concession. London, January There is a general feeling in England, and it is reflected on the Slock Exchange, lhat the situation in tbe Tar Km I is improving.

It is believed the proposed Chi I neso loan of 1 CJhjii.odo IJSO.OOO.OOH) will guaranteed by the Mritish government, al though the linal decision is likely to be reached until the iu eting of the cabinet on Monday next. The I'al! Mall Cazette this uf ternoon refers to the "ascendency of the moneyed over the mailed lis" and says. "Great Britain's vessels are anr hon off i Chemulpo and at 1'or; An bur. This is quiet i ly implying that Great. Ilritain will have a' voice in the future arraiigeiiien: Further, the latest telegrams clearly indicate she has.

plenty of friend. CoUiit.uttiK. the I 'all Mall 'laze; remarks "Aside from the Japanese na'ions lik the. United States, whose rests an: purely commercial, well duposoil toward our government and at op' e'l to trade excius.venesi Mr. Ernes: Terah Huoley, who negotiated with China simultaneously i the j.

pom. Morgan and other no: concerned in the ire. en: loan He said "The Chinese take more dealing v. Ith than any people on earth. I n.

ei my loan of (Kiii.uq'i all agreed upon with China, and the money arrangements practically completed in Iohdon. In accordance with the terms I paid a deposit of I.IoyU'e Bank, of which Linton. Clarke, Stanley, Boulter, John Marker and rnvsi lf put up a rjuart' each. China deniand.il that the deposit, be put up in Pekln to the order of the Chinese government. Then stopped.

Had 1 done so. they would have used the money and when any hitch arose we would have lmi it for years. The Chlnes are not good enough. No loan Jin be a unless the government taken a hand. Tbe government do it.

and promptly." Port Said, January 5 Tho German warships Deuuschland and Cefion, under tho command of Princo Henry' of Prussia, have arrived here on their way to China..