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

DAILY EAGOLE KE YORK, WEDNESDAY, JANUARY 11, 1899. YOL. 59. NO. 10.

16 PAGES, bt thb Sda1lt bagl, THREE CENTS. O'CLOCK. THE BROOKIjW TROOPS KILLED IN CONGO. BONDS VOTED WILLIS PHILLIPS CASE III COURT OF APPEALS. TWO BANK DIRECTORS DROPPED FROM BOARD BIOS SAYS THE REBELS WILL ATTACK MANILA.

sold. These dlfllcultiea would be entirely obviated by the plan recommended securing at the beginning of each year a bond appropriation as suggested. In regard to the particular class of public Improvements under consideration, the laying of water malm, in the borough of Brooklyn, I call attention to the fact Chait fhle work 18 provided for In the boroughs of and the Bronx by annua! appropriations In the budget and that the amount of such aipproprlaitlon Is two hundred and fifty thousand dollars. I recommend that a similar amoutrt, be provided by the Issue of corporate stock under the authority above mentioned, for the borough of Brooklyn, and the following: resolution Is submitted for action by the Board of Estimate and Apportionment. Respectfully.

BMUD S. COJjBB, Controller. President Guggenheimer grumbled a Mule over the Controller's suggestion, but the Major stood by the latteT firmly. "The Brooklyn water system," he declared, "needs much imDrovement. It Is not as good as resolution that the government has the power not only to acquire territory but that we also acquire territory to hold it, though temporarily.

This was a great step in advance since the days of Jefferson and inasmuch as it made the concession it was of no practical importance. On the other hand the resolution involved a theoretical question of vast importance. To, adopt the resolution was 10 declare that our fathers had brought forth a nation that Ws inferior to all other nations, regardless ol" the generally accepted theory that one nation was equal to another and all equally unrestricted. Among the powers of nationality are powers to make war and to make treaties. This is an Inherent right of nationality and the government of the United States has the same power that all other governments have.

Our. prerogatives are as great as those of Great BriUii. It being true that we have the power to make war and to eater into treaty agreements, we logically have the power to acquire territory bv con IB EAST RIVER BRIDGE. JBoard of Estimate Authorizes Enough to Pay for Steel Towers and Land. $281,431 FOR STREET CLEANING Complete Plant for This Borough.

$250,000 for Additional Water Mains for Brooklyn. I The Board of Estimate and Apportionment to day, on recommendation of Controller Co ler, authorized a new issue of bonds amount I ing to $1,500,000, for the new East River Propriation ol tor exper 33" .7 in the Finance Department and authorized Cables to Madrid That Great Preparations Are Being Made for Battle. VISAYANS REPULSE AMERICANS? Spanish General Says Filipinos Have Determined to Fight Us Before Reinforcements Arrive. Madrid, January 11 General Rios, the Spanish commander, cables from Manila reiterating the assertion that the situation of affairs in the Philippine Islands Is most grave. The rebels, it appears, are concentrating in the neighborhood of Manila with the intention of attacking that place and great preparations, he adds, are being made for the defense of Manila.

The Spanish general also asserts that the natives of the Vlsayas have again refused to permit the Americans to land, threatening to resist by force if an attempt is made to do so. The Americans, therefore, according to Gen eral Rios, have abandoned the idea of disembarking, and he confirms a previous statement to the effect that they are unwilling to bombard Iloilo "because the European houses are stocked with petroleum with the view of being set light to by the American shells." General Rios also alleges that the rebels are determined to fight the Americans before reinforcements arrive. In conclusion, General Rios says Aguinaldo's proclamation has "produced immense enthusiasm among the rebels." London, January 11 The Eastern Telegraph Company announced to day that press tele grams to Manila are subject to censorship. JSo News Prom, General Otis. Washington, D.

January 11 It was said at the War Department to day tha.t absolutely nothing bus been "neard over niglit from General Otis at Manilla touching the state of affairs there. When Inquiry was made relative to a report that there had been a meeting yesterday near Manila of a commission selected jointly by General Otis and Aguinaldo, it was pointed out that under the large discretionary authority Conferred upon him by the department, and in conformity with the President's instructions to exhaust all peaceful means of adjusting the difficulty with the insurgents, General Otis had full! authority to adopt such a course without asking express permilssion fram the department. Hie course is thoroughly approved by the President up to this point. of this commission as to whether it does or does not constitute a recognition of the insurgents, but the general opinion is that does not, iJie matter being one of purTllftBr wil ueb no foreign nation has a right to interfere. Meanwhile the meeting of the commission "has served, at least, to avert the crisis which seemed impending in the Philippines, and there is now fair ground for t'he supposition that the status quo will be maintained, at least until the ratification of t'he pending peace treaty.

SENATOR BACON'S PLAN. Introduces a Resolution Declaring Our Intention Not to Hold the Philippines. Washington, D. January 11 Vlce Presi dent Hobarr nrflsidl vBr for the first time since the holiday recess, by an attack of grip. Mr.

Bacon (Ga.) offered the following resolution: joint That the government and people of the United States liave not wased the reoen.t wax with Spain for continent antl for tine acquisition of foreign territory, but tyolely for the purpose bet forth In the reaaluUon of Congrrtets making the declaration of eaid wnar t'he uciiuisltion of sucih small Lrauus 11. liuiu ur tuuuuib. as iiulv oe ry for governmental uurpusts being not' deemed in. consistent with t'he eiame. Second That In demanding and in receiving the concession of the Philippine islands it is not the purpose of t'he government of the United ritutt? 1.1 Secure and atiitain dominion over the same as a piiXL of uiri.o.y of the United St.ues or incorporate the InhabitaniLs thereof citizen, of t'he United Slates or to hold said Inhabitants as vassajs or cubjecits of this Koverivmen t.

Third That whereas, i the tim of the declaration of war by the United airainat Spain rtin. ii M.ndrt vnr! nwhv.v eri.in.ir,..i irh I I quest or otherwise and to inherit all the consequences that may accrue through war. CHOATE TO BE AMBASSADOR. Nomination of the Famous Lawyer Sent to the Senate To day To Succeed Colonel Hay. Washington, D.

January II The President to day sent to the Senate the nomination of Joseph H. Choate of New York to be Ambassador to Great Britain. It Is as a lawyer and post prandial speaker chat Joseph Hodges Choate is best known. His brilliancy, his inimitable humor, his marvelous persuasive powers, his courage and his chivalrous bearing are admired by ail. Oa JOSEPH HODGES CHOATE, was To day Nominated by the President for the Vest of Ambassador to i 24th of this month he will be G7 years old, having been born in 1832, in Saiem, Mass.

The Choate family is one of the oldest in New England. The earliest ancestor, John Choate, became a citizen of Massachusetts in 1G67. In 1S52, Joseph H. Choate graduated from Harvard, and then spent two years at the law school, receiving the sheepskin at the end of the term. In 1S55 he began, at the bar of Massachusetts, the career in which he has be come famous.

Some oE the notable cases in which he has appeared in New York and Washington include the Tweed ring prosecution, the Tilden will case, che contest over Commodore Vanderbilt's minions, the Chinese exclusion case.in which he argued against the validity of the act, the Strokes will fiignt and i the Behrinz Sea controversy, rffS to Fremont. Since then he has been known as an ardent Republican, though he has never held office. times he uas been credited with being means president bf the state constitutional conven tion, which assembled in to revise the constitution of the State of New York. EOTJB, KTT.TiED BY A TRAIN. Express Was Running at Full Speed and Victims "Were Terribly Mangled.

Pittsburg, January 11 Four persons were run down and instantly killed by express train No. 13, near Larimer Station, on fTiA PoMYicv'wonto rwonfv.flvn milol east of The igt ot dea(i is aB i follows: Mary Miller, Thomas Miller, Albert Wilson, Walter Brown. I The train was running at full speed and bodles were terrlbly maflsled' ac' ctunt ot a freight wreck near Larimer it was necessary to switch the west bound The engineer blew the whistle, but the alarm was not heard. The victims evidently thought that the train would run on the west bound track as usual. They were all residents of Larimer.

OPPOSE EEPEW'S ELECTION. (Special to the Eagle.) Alh.mv pj. January 11 The farmers in bridge. The Controller already has authority to issue something like $500,000 additional for the same purpose, so that when the Municipal Assembly approves this issue the new East River bridge commission will have at least $2,000,000 available for carrying on the work. The commissioners, as soon as the Municipal Assembly approves and tne Mayor confirms the present issue, will be in a position to make contracts for the building of the steel towess and end spans, plans for which have been ready for a whole year, only awaiting funds.

The cost of this section of the bridge is estimated at about $1,000,000. There are now in addition bills due against the commission aggregating nearly half a million dollars. The rest of the money in sight is needed for the acquisition of property required along the approaches on both sides of the river. The board to day provided for another bond issue of $569,396.25, to be devoted to the purchase of new stock and plant for the Street Cleaning Department in the various boroughs. Of this amount just about half, or over $281, 431.25, is to be used in setting up a complete plant in Brooklyn.

Street Cleaning Commissioner McCartney put in the requisition some time since, and it was referred to the Con troller for report. Engineer McLean of the 1 Finance Department made a lengthy report which was read to the board to day. Mr. McLean spoke of the necessity of establishing a plant in Brooklyn In view of the approaching end of the contract system here, and said the Commissioner's requests were entirely reasonable. The board adopted the resolution calling for the "bond issue, the money being apportioned as follows for new stock or plant: Manhattan and the Bronx ST3 6V CM Queens 0() Richmond oi'i6Ji'oo $369,386.25 The money for Brooklyn will 'be used chiefly lor new.

dumping boards and supplementary plant. An item is the purchase of bicycles for the use of inspectors, as now used in Manhattan and the Bronx. Of the $122,722 for Queens, $120,000 is for four crematories at. $30,000 each, and $90,000 of Rlchmond'3 share is to pay' for three crematories at $30, 000. No plans have yet been prepared for 'these crematories.

'President Guggenhelmer of the council was disposed to question the figures submitted, 'but he withdrew alL objeedon vhe jwas explained 'Chat Brooklyn's streets have hUSer io been cleaned by contract and'n ot by the city directly. Commissioner McCartney got a $100,000 transfer to 'the snow fund. One of the most important measures for Brooklyn's benefit and relief since coasoiMa tion was passed to day, a hond issue of $250, 000 being voted for the laying of water mains in tfhls borough. The matter came up through the following repor of Controller Coler: City of New York, Department of Finance v. Controller's office, January 6, iSl)3.

To the Board of liisti mate and Apportionment' Gentlemen I haw received from the City Clerk a copy of an ordinance adopted by the Municipal Assembly on January 3, 1S3D. withou the app rova' of the Mayor, which authorizes the Controller to issue corporate stock to an amount not exceeding forty fouir thousand dollars to provide for the laying of water mains in certain streets and evenues in the borough of Brooklyn. The authority for the these bonds mentioned in this ordinance is sections ICS and ITS at the charter. Section 169 of the charter contains general provisions In regard to the maimer in which corporate tjock ehoU be issued. Section ITS of the charter a ieuue corporate stock for the acquisition of real estate and for the construction cr aqueducts, reservoirs, dams, sluices, canals an ppurtentncee in Croton water shed.

This la.ciir eouin is no: auuiunfy, eore, for nii iesuljig of corporate stook to iay water mains in Tribesmen Defeat Them in a Battle and Capture a Town. Brussels, January 11 The Petit Bleu announces that the Batelelas tribesmen of the Congo Free State who, as announced from here on January 7, defeated a column of 200 the State troops on November 4 and captured Kalambari on November 14 in addition killing two officers, one sergeant and 200 native troops, capfured fo urteen whites two guns and ammunition and a quantity of baggage. Ip addition five whites were killed at Kalambari which is the chief town of the district. was garrisoned by 800 men, who deserted. Vice Governor Wangernee who is now at Stanley Falls, is raising a force of men to proceed against the TO BE MXLITAKY SECRETARY.

Albany, N. January 11 Governor Roosevelt to day permanently appointed Colonel George Curtis Treadwell is his military secretary. Colonel Treadwell held that position the staff of Governor Flack and has held temporarily since Governor Roosevelt's in auguration. STEAMER HALL IN DISTRESS? Her Strange Maneuvers Off Chatham Creates Alarm May Have Been Fixing Compass. Chatham, January 11 The Maine Steamship Company's steamer Horatio Hall Captain Albert Bragg, from New York for Portland, was sighted disabled one mile off Orleans a few minutes after 7 o'clock this morning.

Tae Hall passed Chatham at 6:10 o'clock and when off Orleans inlet her apparently broke down. A strong northwest gale was blowing at the time, and the boat drifted off shore. The steamer waa placed head to the wind several times, by her helmsmen, but she fell off and drifted broadside to the gale. The Orleans Life Saving Station signalled, asking if any assistance was needed, but the commander of the Hall evidently did not make out the signal.as no response was made. After two hours or more delay tne wan was able to make headway and she proceeded slowly eastward.

At tho Manhattan office of the Maine Steamship Company Captain Hall, the manager of the line, stated that in his opinion the Horatio Hall was not in trouble off Orleans this morning but was merely adjusting her compass, as when the vessel left here last night a man was on bnard for that purpose. The place where the vessel was reported was the first place where a satisfactory test could be made. Captain Hall further said that he had telegraphed to Chatham explaining the maneuvering of the steamer so as to allay all apprehension. ACCUSES JUDGE L0EW OF BIAS. De Beaurepaire Follows Up His Attacks on the President of Court of Cassation.

Paris, January 11 M. Quesnay de Beaurepaire, the former President of the civil section of the Court, cf follov 6 up his attacks on the'oriMlnfcUsMshlisi of the Court of Cassation to day in a fresh article, published by the Echo de Paris, in which he insinuates that Judge Loew, President of the court, went out of his way to appoint M. Bard, reporter of the Dreyfus affair, because he was sure of his partiality, and adds that he also appointed Dreyfusard magistrates for other branches of the Inquiry. M. de Beaurepaire says the rehabilitation of Colonel Picqjart by Judge Loew Is tantamount to an uncalled for declaration of the Innocence of Dreyfus.

Furthermore, M. de Beaurepaire remarks that Judge ffoew displayed hostility and aversion to the generals when the latter were testiyflng, and expressed approval of the attacks on the general staff In the testimony of an ex officer who was cashiered for intemperance, also asserting that Judge Loew, in examining the chiefs of the army and the officials of the War Office, put questions with tho object of confusing them, and that otherwise he frequently showed bias. The Liberie to day quotes "a personage dloee.y connected with tne Court of Cassa. tion" as saying that the inquiry into the Dreyfus case iis about finished, that a deci sion may be expected early in February and that will be almost unanimously favorable to a revision of t'he trial. HIGH SCHOOL BOYS COMPLAIN Say They Don't Want to Pay an Assessment for Commencement Exercises.

Semi annually at the Boys' High School, as well as at a majority of the other public schools in the city, there arc a few pupil who object to paying the assessments levied to meet the expenses of commencement. With the near approach of the February graduation exercises at the Boys' High School has come a rumor that a number of the scholars would refuse absolutely to pay the fee, no matter what the consequences were. It was said that Dr. John D. Mickleborough, the principal of the snhonl.

had tnld a df'Ipirnlinn of seniors that if any member of the graduating class, in either division, commercial or academic. neglected to pay his share of the commence ment expenses, his diploma would be with held in consequence. Dr. Mickleborough was seen In his office by an Eagle reporter this morning and asked whether he had ever made any such statement to the boys, as reports had credited him with. "No." the principal replied, "neither I nor any one else ever threatened to withhold a boy's diploma.

It is absurb to suppose that such a thing could be done. What I did say was that I did not believe that the parents of any boy would stand out against the payment of so small a sum as $1.50, after their son had acquired an education here without any cost whatsoever to himself. "I am aware that before every exercise objections are raised by a few pupils, and where the graduation class includes from 80 to 100 boys, it would be strange If something of the sort did not occur, but as far as the present Instance Is concerned, I have heard of no dissatisfaction among the members of the two higher grades." THE LEHIGH DISASTER. All but Two of the Injured Doing Well. At the Muhlenberg Hoapitail in Plaiinfield, N.

to day it was stated that all the persons injured in the Lehigh Valley collision now in were doing well, with the exception of Engineer Rick and Henry John Porrocca, the 4 months' old baby from Shamokin. Both are in a critical! condition. Engineer Prendergast of 'the excursion train is said to have made a statement to the railroad officials. Rick was too weak to say anything. Coroner Moke has questioned bcrh engineers an to their orders.

Engineer Rick produced 'his orders, which hf had in his coat pocket when he was taken to the hospital. The Coroner baa not made anything public as to what he learned the hospvcal. Ire Kridge nt iaiara Fallm. Go to NlaKnra via York Centbai. and se tho ice liridKO and beautiful frost effect.

Sot kin if like it anywhere. Adv. the the and to it 1 Because They Did Not Agree With the Policy of President Jenkins. SHAKE UP IN FIRST NATIONAL. Peter Wyckoff and George E.

Kitching Are Out, After Serving for Many Years. Two of the directors of the First National Bank of Brooklyn at the foot of Broadway in the Eastern District left the Board of Directors yesterday at the annual election, one by resignation and the other because his name was not put upon the ticket offered for vote. The two directors were Peter Wyckoff and George E. Kitching, both of them wealthy men, and both of them having been connected with the bank as directors for many years. The reason given for this action on the part of the bank by the president, John G.

Jenkins, is that neither Mr nor Mr. Kitching was in accord with him in his policy and that he therefore left them off the ticket for 1899. Mr. Jenkins said that it was purely a matter of business and that he had taken the action he did because he thought that it was for the bst interests of the bank. Neither Mr.

Wyckoff nor Mr. Kitching brought us any great amount of business. said Mr. Jenkins, "and I thought that we should have on the board people who could bring new business. Both are very wealthy and I suppose Aey didn't want to make the necessary exertion.

In any business. If it i found that some of rtie people connected with it do not do the businesa any good, why, the only thing to do is to sever the connection. That's what we did. As a matter of fact, however, Mr. Wyckoff resigned some time ago.

perhaps three months. Kitch ing did not resign and his name was yester day omitted from the ticket offered for elec I Mr. Jenkins declined to give any further particulars and said t'jat the explanation, as given, covered the matter. "They were not obstructionists," said Mr. Jenkins, "but they were not re elected as a matter of business.

If the stockholders should vote to return them to the board they would be returned, that's all. Mr. Field and Mr. Hamburger, the cashier and the assistant cashier, were elected to the board io their places. I might say further that there no hard feeling between either Mr.

Kitching or Mr. Wyckoff, so far as I know." Mr. Wyckoff was found at his residence, 1,025 Flushing avenue. He said that he could give no information about the matter at all. "The truth will prevail sometime," was all he would say.

It Is said, however, that one of the real and potent reasons for the withdrawal of Mr. Wyckoff and the dropping of Mr. Kitching was that the two men named have been for some time displeased with the financial policy of Mr. Jenkins, and that for that reason tbey did not exert themselves as much in the bank's Interests. aB they might.

Mr. Jenkins Is Interested with ex Governor Flower in Brooklyn Rapid Transit and It is also currently reported that he has been Interested with the ex Governor in oihor of the Iatter's transactions. Mr. Wyckoff and Mr. Kitching are both very conservative business men and it 1b said that they have not approved of all of the acts of President Jenkins.

If that be the reason it seems that Mr. Jenkins has the rest of the board behind him. If the action of yesterday may bo taken to Indicate anything. Mr. Wyckoff' father.

Nicholas Wyckoff, was one of the founders of the First National Bank and for fourteen years was its president. He gave up the presidency only a short time before his death and at his request Mr. Jenkins, then cashier, was made president. That was in 1883 and Mr. Jenkins has been president since.

Both Mr. Wyckoff and Mr. Kitching have been in the directorate for many years. Mr. Kitching could not be found this morning.

TO COfTJRT OF APPEALS. Ex Coroner Coombs' Lawyers Will Probably Take His Case There. Xo action has 'been taken by the District Attorney's office, as yet, in regard to the cose of ex Ooroner Cocinte, to whom the appellate divlsicn or the Supreme Court, refused a new trial. First Assistant District Attorney Van Coit said this morning: "Unieai this office is notified of an appeal within the time specified by law, we shall i i Lawyer Crane of Dailey. BeK Cra.no, who with former Assistant Corporation Counsel Burr counsel for Coombs, said to an Eagle reporter this afternoon: "It is altogether probable that Mr.

Coombs' case will be taken to the Court el Appeals, not like to say so positively, un til I have consulted with Mr. Burr, who is in Albany to day." It is believed that If the case goes finally against Coombs then his associate in office, ex Oononer Nason, will plead guilty. By so doing he would probably receive a lighter sentence than was given Coombs. Ex Sheriff Buttling is bondsman for both Coombs and Nason. MRS.

PLACE'S CASE. Governor Refuses to Commit Himself on Question of Execution of Women. (Special to the Eagle.) Albany, N. January 11 Governor Roosevelt this morning positively declined to commit himself on the question of the execution in the electric chair of women. The question arose in the case of Martha Place of Brook lyn, whose sentence of death was affirmed by the Court of Appeals yesterday.

He said he had no views at present on the subject. Every case might have a different phase, he declared, and until it was presented to him he should not give an opinion. COLONEL BAIRD IN ALBANY. (Special to the Eagle!) Albany, N. January 11 Colonel Baird ot the old East River Bridge Commission is in on the Court of Appeals in the new East River Bridge appeal, which he believes will bo decided in favor ot his associates and himself.

BROUGHT SHPWRECKED MEN. The North German steamer Ems, which arrived to day from Gibraltar, and nine men of the shipwrecked four masted schooner Fany Arthur, which was abandoned December 14, in latitude 37 longitude 65. WOOD CONFERS WITH MC KINLEY. Washington, D. January 11 Major General Wood, the military governor of Santiago, wlio arrived in Washington last night, breakfasted wtth Secretary Alger this morning and then had a conference with MoKin ley regarding Cuban affairs.

GERMAN COUNT ARRESTED. Berlin, January 11 Count Klaus von Egloff stein, who was recently obliged to leave the army on account of 5iis debus, has been arrested on 'the charge of forging bills. SeatM for lnntitnte Lecture Can be located by consulting the diagrams in the Eacle Almanac for 1833. Prce 23 cent. of to It on it Tribunal of Last Resort Hears Argument on tue Demurrer.

TRACY AND STEELE OPPOSED. The New District Attorney Appears in Person to Defend the Indictment. (Special to the Eagle.) Albany, N. January 11 The appeal in case of the People against Theodore B. Willis and William E.

Phillips, who were indicted on a charge of conspiracy was argued here to day. The defendants appeal from a judgment of the appellate division of the Supremo Court for the second department, rendered last November reversing a judgment of special term of the Supreme Court allowing a demurrer, interposed by the respondents to the Indictment of alleged conspiracy directing a judgment disallowing the said demurrer. In the argument made by Benjamin F. Tracy, Albert E. Lamb, DeLancey Nicoil and John D.

Lindsay, counsel for the defendants, they claimed that the indictment ought to be disallowed for four reasons. General Tracy for Willis and Phillips said that the indictment does not specify the acts constituting offense sought to be charged with the certainty and precision required by law. The primary object of an inaictment Is advise the defendant of the nature and cause of the accusation against him. It must also contain such specification as will enable the court to pronounce the appropriate judgment, in case of a conviction but this, though an essential, is a secondary requisite. Unless It acquaints the defendant with the character of the acts which arc relied on as the basis of the chargexhe is called upon to meet, in such manner as will enable him to know in advance the full limits of the proof with which he may be confronted on the trial, it fails to perform the function for which is intended, and is not a good indictment.

It must contain "a plain and concise statement the act constituting the crime, without unnecessary repetition." More a score of authorities were cited to uphold the contention by the defendants and counsel asserted that even when an Indictment is framed uvon a statute directly covering the transaction sought to be made the basis ot the prosecution, every ingredient of the supposed offense must be set forth clearly and directly, and in such a case it Is not sufficient charge the offense in the language of ihe sia tute, unless the statute completely covers ihe offense. All these rules they claimed oucht to be strictly applied in conspiracy cas they said the very nature or the danger of oppression and injustice cused, is always great. Continuing, counsel said: "The the conspiracy not being unlswfu being even charged to be unlawful, inal means by which it was agreed the alleged conspirators that the ject was to be accomplished mu forth in ihe indictment. In such a ca gist of the crime Is the agreement meaos that are crimlna. to acoomp.isn an object that is lawful.

Xo such ccnppiracycaa be complete until the parties have agreed upon the criminal means to be employed. Th particular means so agreed upon must be alleged in the indictment, in order that the court may see that the means were criminal. "In the case at bar, it is not even alleged that the object was unlawful and 00 discussion and no argument are necessary to prove that the obtaining of money by a private ciiizen from a contractor with the city government Is illegal or unlawful. The money might have been obtained for many purposes that were not only lawful, but com mendable. It would not have been illegal or unlawful for Phillips to have solicited money from a contractor with the City of Brooklyn for the purposes of charity or po litical purposes.

Neither would it have been unlawful for him to solicit an interest in such a contract." The proposition that if no particular crime is contemplated as end or means, and that circumstance furnishes the only reason for not averring an intention to commit specific acts then no indictment will lie. because no criminal conspiracy has been entered into, was then discussed at considerable length in the course of which the court's attention, was called to the general nature and functions of the former office of the Commissioner of City Works of Brooklyn. Proceeding to an analysis of the indictment counsel for Willi and Phillips said: "It Kill be observed that while it is alleged that Phillips and divers other persons should and would demand and receive money from other persons then or thereafter contracting or desiring, or offering or intending to contract, for the performance, the indictment falle to mention the name of any person from whom mon.iv was to ba obtained. In fact, it is not alleged that there were any persona then contracting, or desiring, or offering, or intending to contract with the City of Brooklyn. All this is left to inference.

Had any present contractor with the City of Brooklyn been the intended victim of this alleged conspiracy, his name could and should have beon mentioned. This was admitted by the District Attorney in his brief at the appellate division. "The whole scope of the allegation is that the supposed conspiracy had relation to a class of persons not then in existence, but wno might come unto existence during Wilis' term of office. It is clear from the allegation in the indictment that there was no person then in existence from whom it was contemplated or intended to obtain money. The whole scope and purpose of the as set forth In the indictment, was to depend upon events that it was supposed might happen thereafter, it was only afier the class of persons had come into existence and the occasion for obtainimg the money arose that the effective means of obtaining the money were to be agreed upon and determined by the so called conspirators.

It was not until then that the means could be eithor kiuown or determined upon. "Nor Is it alleged that any of the events that were supposed would happen ever had happened; i. it is net charged in the indictment that any person did coor.ract or tie sired to contract, or intended to contract writh the City of Brooklyn. Nor is it alleged that the criminal means by which money ti r.tA.'O.Jk 7SjjK between Willis and any other of the so called conspirators. The indictment absolutely barren of all allegations that any person ever did contract or desired to contract with the City of Brooklyn, and there no allegation whatever indicating the criminal means which were thereafter deemed by Willis and bis coconspirator to be effective for the purpose of aiding and assisting Phillips in obtaining money.

But further, the mere demanding, obtaining or receiving of moaey. by one or more private individuals of others, is not in itself a crime, nor even an unlawful act in the sense that an agreement having that sole object in view would be a criminal conspiracy. How can the defendants prepare to meet a charge so vague and Who. beside Phillips, wore the conspirators who were to demand, obtaiai. or receive money, and whose views regarding the kind of misconduct on the part of Willis and the latter's subordinates appropriate for the success of the conspiracy were to be of equal force with his arid Phillips' in controlling the subsequent corrupt misuse of tho City Works Department? Wore they, like hm.

private citizens, or public nflieials. or subordinates ot the de fendant Willis?" In conclusion, counsel said that at the appellate division District Attorney Marean abandoned any hope of sustaining the indictment and substantially conceded that it must that of Manhattan and the Bronx, but we want to make it equally good. At any rate, not a cent of the money will le spent with nlih trip, rpnnmflifln nation and approval ol the Board of Public Improvements and the Municipal Assembly and also ot the Mayor." "Yes," added President Peitner of the Tax Department, "we must give Brooklyn water whatever we do," and the resolution was adopted unanimously, Corporation uounse. Whaien laughingly commenting that ne seem ed to be doing nothing but voting money for Brooklyn. The board voted Controller Coler an ap bond Issues aggregating to pay cos.

taxed for acquiring park lands in the E.ev enth and Twelfth Wards, Manhattan. A number of transfers were, made, one for $45,000 to the Commissioner of Public Build iDgs, Lighting and Supplies for cleaning of markets. $7,500 of this is for use in Brooklyn. PARK LAKES OPEN. Skaters Get Access to the Entire Chain of 'Waterways at 1 o'clock.

At 1 o'clock this afternoon the lakes at Prospect Park were thrown open to the skaters and a crowd went on the ice enjoy the first really good skate of the season. Last night's cold snap completed the work begun earlier in the week and when the ice was tested this morning by the Park Department it was found to be sufficiently strong. Notice was then given that the entire chain of lakes would 'be open for skaters. This is the first time in several years, with the exception of one afternoon' and evening last winter, that the entire string of lakes has been open at the same time. Usually the small lake, where the boat house stands, is the first to be opened, then the canal leading under the bridge to the second lake and lastly the big lake.

Skaters all over the city have been looking forward to a good outdoor spin for a week past. They say that the ice is. in splendid condition and that it is solid and free from air holes and dangerous spots throughout. Experts say, that barring an unusually mild spell of weather, the ice should be good for a couple of weeks at least. In anticipation of the opening Deputy Commissioner Walton of Public Buildings, Lighting and Supplies to day ordered the lighting to night of the electric lamps around the lake.

They have not been lighted since the close of the boating season last summer. The public lighting of the parks and boulevards is under the exclusive control of the borough department of Public Buildings, Lighting and Supplies and all improvements and extensions in this borough have been made by the Brooklyn department. ZERO WEATHER AT MANY POINTS But Five Degrees Above in This City This Morning To morrow Will Be "Warmer. The area of high pressure central this morning near Lake Huron covers about ail the country east of the Mississippi River, with temperature below zero in New England and northern New York and increasing, temperatures as far south as Virginia. Bains have fallen quite generally in the South Atlantic and gulf states and Tennessee valley and light snows in ihe lake section and upper Mississippi valley.

Elsewhere throughout the country the weather is fair generally. DuriDg the past twenty four hours the temperature has fallen in the eastern portion of The temperature in this city this morning i at 8 o'clock was 8 degrees above zero and the 1 lowest was at 5 A.M. 5 degrees. The tempera 7., wan nwoned this mrnin from the differenc towns cm Long Is.and. In ti.

the towns bordering on the sound, oceanjmd bays, the weather was meet severe. The Great South Bay Is frozen over. Iin the towns in Westchester County along the Hudson, the' cold was intense, the mercury ranging from 8 to 10 degrees below zero In I some places. In all the villages there was 1 in'U'CU buii enug aujuug tiic iwvja euiu A1IUJ I i. uj i homeless persons had to take shelter in the Police station houses to escape freezing xo Zero Weather Up the State.

Saratoga, N. January 11 Last night was bha coldest experienced in these parts for almost a generation. At Saranac Lake the thermometer registered 40 degrees below zero, while at Whitehall the temperature was only one degree warmer. At Saratoga Springs the thermometer registered 30 below. Albany, N.

January 11 The weather in this vicinity for the past twenty four hours has been extremely ctfld. At an early hour this morning the thermometer registered 12 degrees below zero. The ice has reformed in the Hudson: and ice men anticipate commencing the season's harvest within a few days. Rome, N. January 11 The 'weather here last night was the coldest of the season, the mercury going as low as 28 degrees below zero.

Reports from other places hereabouts follow: Richland, 35; Talberg," 32; St. Johnsville, 36, and 22 to 25 at other points along the Central road. MB. FISCHER'S BILL. (Special to the Eagle.) Washington, D.

January 11 Congressman Fischer of Brooklyn has introduced a bill ic the House Intended a a substitute for the pure food bill, now pending before the House committee on commerce. The chief difference is that where the committee bill forbids misbranding, adulteration and imitation of foods, Mr. Fischer's bill provldee only against adulterations, leaving the protection of trademarks and the like to existing laws. TO PROSECUTE CANAL CASES. Albany, N.

January 11 Governor Roosevelt to day appointed John G. Mllburn of Buffalo as special counsel In the prosecution of all persons Implicated in the canal improvement alleged Irregularities, in place of F. D. Locke of that city, who declined to eerve owing to the pressure of other business. M.

ZOLA'S SENTENCE. Paris, January 11 M. Emile Zola, the author, has been sentenced to pay a fine of 100 francs damages for accusing M. a writer of the Petit Journal, of using forged documents In attacking M. Zola's father.

AST OB. BATTERY'S HOME COMING San Francisco, JanuaTy 11 The trans port Senator is expected to arrive here from Manila in about a week, with the Astor Battery. "ST. Be S. Acme licorice JPelleta.

Steadily increasing In public favor. Druggists. Adv. and cold der the authority or section 11 of title XV chap I to night, increasing cloudiness and not so fer 683 of the 'Laws of 1SSS, oommonly known as cold Thursday; winds becoming easterly. the western part of the state are Mr Coo mis' bondsmen to surrender Spain to achieve their Independence, and wliei eas I letter to the members of the Legislature ask purirtie und the military ooeraitions therv i 0 under have rot been abandoned, but are still lnS tnem to support him for the honor.

being actively p. thereunder; therefore in I ISSott XS JACOB COLE'S WILL FILED. rtlnl ne The will ot Jacob Cole, the real estate auc States recog nlz.ra that the people of the I tioneer. who dropped dead in front of the iBlandsof a right ought to be fr2e an.J independent; that with this view and to elve effect to the same, the government of the United states hoa required the government of Spain to relinquish its authority and government in the Philippine and to withdraw its land an naval forces theK.othe Islands and from the wate Fourth That the States hereby disclaim any dt.p:slticn 0. intention to exe clse jurisdiction or coniroi over aw tanos ona dstri and Lucretia Tallmadge of 3S2 Classon ave thelr' determination when an independent govern i ko, ...1 ment shall have been duly erected thereon, entitled He leaves his entire estate, both real to recognition an such, to transfer to said govern and personal, to his widow, with full power memt, upon terms which shall be reasonable and during her lifetime.

At her death it is to be yty.oir Brooklyn, faeotion 1.0 of tli Greater New York charter provides ae tol irni. SSf to etcn to which, it may lae laiwfu 1 tor the municipal or public corporations or parts thereof, including the counties of Kings and Richmond, vliidh, by thie act, are made part of the corporation of The City of New York to tosue for public purposes bonds pursuant to laws enacted prior to January first, eichteen hundred and ninety eight. It shall be lawful for the citv of New York, as hereby constituted XJ! cwn. ht tns same purposes orovided. howevpr.

tho n.mi,T,t btlat lhe imount so to be is mait lVL similar instances assessment bonde and revenue bonds oZ The City ol' ew York. etltuted, mu.y likewise be so issued, subject to the eame limitations as to uhe amount thereof." It 1b clear, therefore, that under tne authority of the seation of the Brooklyn chanter referred to and section :70 of the Greater New York charter corporate stock may be authorized and issued for the purposes specLfled in the ordinance of the irurdoipal Assembly under consideration. I have noticed In the inutei; of the Municipal Assembly that a number of ordinances have been iTitroduced rela tlng to the laying of water mains In the borough of Brooklyn, and to authorizing corporate stock for the pa yment of expenses thereby incurred. It seems likely that the course which the authorizing thtse public improvements will take In. the futuire will be as follows: First Action by the Boaird of Public Improvements on the request of the Commisslonier of Wat er Supply; secondly, conrirmatory action by the Municipal Assembly on the resolutions adopted by.

the Board of Public Improvemeints; thirdly, action by the Boaird of Estimate and Apportionment completing the authority for the issue of bonds. The plan of requesting the action of the Board ct and Apportionment upon each of these ordinances as the same may be passed by the Municipal Assembly is open to serious objection. The Board of Estimate an Apportionment cannot fairly be expected to acquire an intimate knowledge of the merits of each of these proposed public improvements. Ttunt function belongs to the Board of Public Improvements. On the other hands.

the Board of Estimate and Apportionment is properly responsible for the amount ot bonds to be issued In any one year for public Improvements, and as to this phase of the question it should exercise a general supervisory power. It would eeem. therefore, advisable that In the early part of each year the Board of Estimate and Apportionment should determine the maximum amount to be expended for any particular class of public improvements during the current year, an authorize the of bonds to that amount subject to the concurrence of the 'Municipal Assembly The Individual resolutions or ordinances relating to specific works could then be taken up and acted on by the Board of Public Improvements and the Municipal Assembly, without action by the Board of Estimate and Apportionment, and a large amount of unnecessary red tape will thereby be dispensed with. This plan would furthermore possess the advantage of establishing the limits of an approprlp'ion within which the Board of Public Improvements would have to keep and a more Intelligent use of the public funds could, therefore, be expected. no limit should be established by the Board of Estimate and Apportionment upon the amount of bonds to be Issued for any purpose in any one year it Is more than likely that the city would be called upon to Issue bonds for purposes of a less pressing and urgent character to the necessary exclusion of the authorizing of more important public works.

I also call t'he attention of tlhlfi board to the faot that the Controller would be very much hampered In the practical admlnlatiw.lon of his office so ar as It relates to the protr conduct of bond Bales, if Mm authority for the Issue of bonds for certain specific public Improvements were acquired only from time to time in small amounts. The Controller cannot in the best interests of the city provide for continually reoocurring band Bales every week or fortnight. Four or five bond sales in the course of the year are at the outside as many as should be advertised. If the authority to Issue bonds for water moina. for example, is to bo acquired only as each contract is authorized by ordlnanoes ot the 'Municipal Assembly.

It follows that It would frequently happen that the CotttroUer would be unable to certify contracts let by the Department of Waiter Supply until after (be particular bonds for each contract should be the election of Chauneey M. Depew as a United senator. They say the cor porations have a representative in Thomas C. Piatt. "They want a representative of the farming interest.

O. H. Stevens of Rochester thinks he would represent tne larmt r. and he has sent a th dav olpil for norougn tl3.ll tne oner ciay, was inea ior probate In the office of the Surrogate this 1 tn I morning. The estate is believed to be large, Dtit no schedule of its amount has yet been flle(L The testator leaves a widow, Sarah E.

Cole, of 382 Classon avenue, and two daugh tors, Anna S. De Selding of 166 Caton avenue. ,114 dually divided between daugnters. LAUNCH OF ALBANY SATURDAY. London, January 11 Tae United States cruiser Albany, sister ship of the New Orleans, purchased here previous to the war with Spain, will be launched at Newcastle on Saturday.

The United States Charge d'Affairs, Henry White, the United States Naval Attache here, Lieuttxian.t Colwell, and a number or aisunguiis aea Americans wiu attend the ceremony. The Albany will be chrlstend fey Mrs. Colwell and will sail for the United States in April. CHINESE VICEB.OY CENSURED. Pekin, January 11 The Viceroy of Nanking, Liou Koun Yi, has memorialized the throne, recommending the proper training of military officials and the discarding of ancient weapons and drill in favor of modern methods.

As a result an edict has been issued severely traversing the memorial and censuring the presumption of the viceroy. ELECTION BILLS PASS. Victoria, B. January 10 After great excitement and renewed strenuous objection by the opposition, the election petitions bill has been passed by the BritiBh Columbia Government by a vote of 18 to 15. MR.

NAGLE IMPROVING. Richard Nagle, the well known Second Ward Democrat, who has been seriously ill with grip for several weeks, is slowly recovering, at his home, 93 Sands street. Now Is (lie Time 10 Renovate Tour carrets. rugs, portieres, etc Send them to the Eagle Warehouse and Storage Company. AAr.

just, an rianw, fiecurrti unoer une cese ioii oy Suain and to thereupon leave the Koveroment and control of the islands to their people. Mr. Allen Introduced a resolution declar ing that aggressive action against the Philip pines would be unwarranted anid said he did not think war coui'd be waged "wlthont the con seme of Congress. Mr. Hoar asked Mr.

Gray, one of the peace commiss ion.ere, where the power came from to use against the Filipinos. Mr. Gray satd technically we were still at war with Spain, but under a truce and if mak ing war upon the Filipinos wias vlolatmig the protocol It would he a mauter between the Uniteid States and Spain. Mr. Hoar contended ft wotid roe bad faith.

Mr. Allen said Spain had no jurisdiction over Iloilo. Mr. Gray maintained that the United States was bound to maintain the protocol until the peace treaty was ratified. Mr.

Foraker was then recognized and pro1 ceeded to deliver his set speech on the general question of the power to extend our territory. He 'based his remarks principally upon the Vest resolution, incidentally drawing actention to Mr. Mason's measure. The resolutions, he said, were different propositions Vest measure raises the question of power, the Mason resolution that of policy. We have been told by Mr.

Hoar that the question of power was 'the most Important ever raised in the history of the government. Mr. Foraker did not agree with this dictum. On 'the contrary, It had no importance whatever as a question of practicable consideration. It was moot question and noth'ing more.

The resolution expresses the extreme view held by any one and an analysis of it was sufficient to demonstrate the progress which had 'been made since the acquisition of Lou mere was no precedent wuen tvou xtsiauo. wvz ioacii ill U.11U iio.ku,a..j nxzka even many differences of opinion on the various points involved. Mr. Jefferson himself was not positive as to his attitude on some points at issue. Now It is conceded by the very terms of the Vest a Ik niiiTiJii'" un ii 1 1 1' ii'i 1.