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

16 THE BKOOEXYN DAILY EAGLE. NEW YOKE, MONDAY, PEBKTTAE.Y 27, 1899. J. BENNETT'S SUDDEN COURT ENJOINS CITY FROM PUMPING WATER. MAY BE FORCED TO BUILD HEW BRIDGES, TWO CHARGES AGAINST PATROLMAN SULLIVAN MONEY FOR COLONEL KING.

Successful in His Suit Against the Pullman Palace Car Company. Colonel A. H. King of Brooklyn sued the Pullman Palace Car Company in the United BOND ISSUE AWARDED. City Trust Company, "Which Bid 112.246, Gets the Whole Amount.

Controller Coler has awarded the bond Issues for which bids were opened last Thursday to the City Trust Company, which offered 112.246 for the entire amount of $1,000,000. This was considerably the highest bid received. John D. Crlmmlns is actively interested in the City Trust Company which has just been organized. No delivery of bonds has yet been made.

States Circuit Court for $10,000 damages for being ejected from a sleeping car on the Baltimore and Ohio in Baltimore on Ahe night of May 8, 1898. The evidence set forth that on April 18, 1898, Colonel King purchased at Weehawken a ticket to San Francisco with nrivilecre of returning bv wav of New Orleans to New York. On his arrival in New Orleans he purchased at the office of the Pullman Company a sleeping car ticket to New York fir I nVi rrn all yt erh itrcf 11 Yin a irorl aSTZ, flivflw wh iP hT passage ticaet was over tne Baltimore ana Ohio Road his sleeping car ticket called for a Derth on tne Pennsylvania: road. This was refused and he was ejected from the train at on Sarurnav afternnm and wnlprt vprfllot was brought In later. This, which was open ed this morning, awarded Colonel King $2,000 damages.

A request for a reconsideration of the Case was made by the defendant's coun sel which was denied by Judge Thomas. TWO RESIDENCES BURNED. TtT Mr, Rauch Was Writing an Insurance Policy When His Own House Caught Eire, A fire broke out last night In the two story frame house at 54 and 56 Stuyvesant avenue, owned and occupied by Frank A. Rauch. Tho I building Is a detached dwelling, but be I The parlor noor has been made into a com fore the arrival of the firemen the adjacent fortable reading and reception room, where co o.

current literature and periodicals will be fur dwelling at 68 and 60 Stuyvesant avenue, nlshed for the mea wllo seek lt8 quarters occupied by John Schulthles, also caught fire, and on the second floor small beea Both buildings were badly damaged. At the supplied to accommodate about twenty five, time the Are was discovered Mr. Rauch, who and wnfch will be rented at a low figure for is an insurance Inspector, was seated in his he Everything possible will be done to make the men who wear Uncle Sam's uni iw 7i 8 policy Hf, iaa 5, 'dea form feel that there is a place where they. SAILORS' HOME An Attractive Place for and Marines in lyn. Thls afternoon at 3 o'clocl street, a home for the sailors from the Brooklyn Navy Yari with an informal reception at men from the vessels in the yi those connected with the Marin' who chose to inspect the building," welcome.

This home is an outgrow! the several camps established beginning of what it Is hoped will be larger and nermanent institution lookiri IOT comfort and wen being of men ln the Navy and Army. It was propo anli carried to completion by the internation committee of Young Men's Christian Asso ciations, and had the active support, as local committee, of Commodore John W. Philip, commandant of the Navy Yard; Captain Merrill Miller of the receiving ship Vermont and Chaplain Wesley O. Holway of tha Navy. The building at 167 Sands street is a two story and basement brick structure, and has fltfft(1 un To.

day it was made especially bright with bunt ing ana flowers contributed from every vessel In the Brooklyn Navy Yard, and during tho Teception, which lasted until 5 o'clock, a large number of naval officers were present in full uniform. In the basement 1b the restaurant. where a man will be able from, to morrow oa to get a good dinner at a very nominal cost. wuj always be welcome. SPECIAL ADVERTISEMENTS.

Upholstery Dep't. Portieres, Bagdad stripes SUlt ii ji i. i able tor Urientai decorations. 1 QQ per pair Covers, Bagdad stripes, ety of colors, $3.75 each. Sofa Cushions.

22 and 24 inches Bnllflrfl oovprfifj with CftlfMitrft rvr' Square, covered Wltn aiCUIia OJJ Bombay Stripes, India Prints, andv a variety of Oriental Stuffs, $1.25 each. Fine Down Cushions, covered wita cambric, 24 inches square, 1.00 each. Cushion Covers, about 1000, 24 inches square, fabrics include Damas, Armure, Satin, Brocade, figured and plain velour, 25, 50, 75 cts. 1.00 each. James McCreery Twenty third Street, New York.

Tuesday, Feb, 28th, Sale of 1,560 Dozen Handkerchiefs. Ladies embroidered, initialed and plain hemstitched sheer linen, Also. Mens plain hemstitched, 12 value up to 35c. Lord Taylor, Broadway 20th St. NEW XOKK.

LOST AND POUND. LOST OX FRIDAY. THE 24TH IN Fifth av train or bridge car, a silver link PURSE, with initials. P. Finder will be rewarded by returning the same to WM.

MARTI 75. "7, 73 Schermerhom at. LOST IX VICINITY OF FULTON ST AND Washington av, an all white, black ear spotted, female FOX TERRIER, with collar and medal attached. Finder will be liberally rewarded It returned to 941 Fulton st, second flat. INDEX To Classified Advertisements in To day'9 Eagle.

CLASSIFICATION. PAO. Administrator's Notices 11 Amusements 7 Auction Sales 8 Board 10 Borough Notices 13 Business Notices 4 Business Opportunities 18 Clairvoyants 8 Coastwise Steamships Corporation Notices 13 Dancing ID Death Notices Election Notices 15 Employment Agencies 10 Excursions Financial IS For Exchange 10 Furnished Rooms Help Wanted 10 Instruction 10 Lectures Legal 8 9 11 18 Lost and Found 18 Miscellaneous 3 5 New Publications 2 Ocean Steamships 11 Post Ofllce Notice 11 Proposals 13 Railroads 11 Real Estate Loans 10 Situations Wanted 10 Special Advertisements 10 Steamboats Surrogate's Notices 8 9 13 To Let and For Sale 10 Undertakers fl Wonted 10 Winter Resorts AND MYSTERIOUS DEATH Found Lifeless in the Rear of His Saloon With a Bottle Near Him. SAin FNFMIFS WAMTFn HIS I IFF. Turbulent Career of a Well Known Resident of the Twenty sixth Ward.

Was Once Wealthy. The turbulent life of William J. Bennett, who at one time owned the Casino, at the corner of Alabama avenue and Fulton street. in the Twenty sixth Ward, came to a close some time between 7:80 o'clock this morning and noon to day. The exact time cannot be determined, but there is sufficient of mystery about the case to warrant a very careful post mortem examination.

Dr. Bmll F. Hartung, the examining physician for Coroner Burger, viewed the body In the back room of the saloon which was owned by Benntt, at the corner of Wllloughby and Pearl streets, and said that he. would make the autopsy to morrow. There were no marks of violence apparent on the body and it may be that death was due to apoplexy, but Bennett bad said so often that persons had threatened his life that the polica and the Coroner are determined to give the matter' the fullest possible investigation.

As a matter of fact, the deceased had been stabbed twice within six months, and these assaults, he had claimed, were the result of a conspiracy to end his life with violence. The circumstances surrounding Bennett's death are in themselveB unusual. He had no bartender in the saloon, but attended to the trade himself. He lived with his wife, who I was formerly the wife of an Bast New' York butcher, at 104 Hendrix street, in a house that he threatened to rent to a colored family i because he had quarreled with his neighbors. the Schllchtners.

Mrs. Bennett was not a stranger in the saloon. In fact, she scent a I i portion of each day there and she was very frequently tnere until an early hour of tha morning. According to her story, Mr. Bennett i left the houae on street at 6 o'clock splendid spirits, and there no Indioatlon then that he was Ul.

Nothing further known of him until about 7:30 o'clock this morning, when Lewis Racle of 9 Raymond street, who was the cleaner out, entered the store. Lewis says that the door at tne corner was open, and so was the entrance In the rear, on Pearl Btreet. He went directly to the back room and found Mr. Bennett lying on his side on the floor. There was a towel and a small bottle by his side.

The towel was sat urated with some fluid, but the bottle was corked. It was a small, round bellied gill flask of the variety known as "pocket pistol." The police have taken charge of the towel and the bottle, which is still half filled with some drug, the character of which has not yet been determined. Mrs. Bennett says that she never saw it before. According to Lewis it had not been un common for Bennett to help himself so liberally to his wares In the early morning that he was apt to become drowsy before the busi ness of the day was nnishedand he aamittea to an Eagle reporter this afternoon that it had not beer, the first time that he had found Bennett lying on the floor of the store asleep when he went there to begin Ills day's chores.

That, he says, Is why he did not make any fuss about It when he lound Bennett apparently unconscious this morning. Instead he lifted him up and half dragged and half carried him to a chair by a email tahle beelde the stove. Bennett did not awaken during this operation, he says. What followed is given in Lewis' own words: "I thought that maybe the dosb was sleeping and as his fingers were cold I thought It would be better to place him by the stove. I propped him up In the chair and fixed his right arm on the table beside him, so's he would not slip down to the floor again.

I then put a coat over his shoulders and left him theie. No, I paid no more attention to him for I had my own work to do. There was a lot of cleaning and fixing up at the back of the bar, and I believed that the sleep would do the boss good. I tried to tend to the business myself until he'd waken. Mrs.

Bennett cams in after 11 o'clock and she saw him. Then they got scared and we got a doctor. I did not know that he was dead." "Was he breathing when you picked him from the floor?" asked the reporter. "Couldn't swear to that," answered Lewis. "He might have been breathing then and he might not.

You see I did not examine him for I thought he was maybe well, you know, and needed a rest." Mrs. Bennett came Into the store shortly after 13. o'clock, as stated, and found her husband still sitting in the chair with the coat over his shoulders. She saw that there was something wrong and she called for. assistance.

Harry Halstead, who happened to be passing, came in and gave it as his opinion that the man was either dead or dying. The woman and the man chafed his hands, which were cold. There was no sign of life, although the body was still warm. In the meanwhile somebody had gone for a doctor and re turned with Dr. BMggs or wiuougnDy street, who decided that Bennett was lifeless.

A message had also been sent for an ambulance and Surgeon Blake came. He could do no good and he declined to give any opinion as to the cause of death. As far as a superficial examination went there were no marks of violence on the body, and it is very likely that death was due to apoplexy or some natural cause. The presence of the flask containing the unidentified liquid made the police careful and all of the man's efteots were removed to the police station. Detective Sergeants McCormick and Brady and Detective Officers Murphy and O'Brien of the Adams street station made the preliminary investigation and questioned all who could be of any value as witnesses in the case.

Later in the afternoon Mrs. Bennett was allowed to have her husband's body taken to the house on Hendrix street. There the autopsy will be held tomorrow afternoon. Bennett was 39 years old and was a native of the Twenty sixth Ward. He was at one time prosperous but on the burning of the Casino lost a great deal of money.

Ha has had. a great deal of trouble of late. The wife of tho dead man did not get along very well with her neighbors and some time ago the dispute was taken Into the Gates avenue court when the wife of Dr. Williams, who lived nearby, was charged with having assaulted Mrs. Bennett's boy.

Bennett also had trouble with Mr. Fred erick benncntner, wno iiveu next door on Hendrix street, and last summer he asserted that poisoned candy had fcwn sent to him by ono of his neighbors, who was anxious to get rid of him. There was no proof that any of the neighbors had sent the dosed confections. Next Bennett advertised that his house, which Is in one of the best portions of the Twenty sixth Ward, was to rent to a colored family. He failed to get a tenant.

Within the last few months Bennett was stabbed twice in brawls in his galoon. He asserted that the assaults were the result of attempts on the part of his enemies to klS him. DR. ROGERS GETS THREE MONTHS. Dr.

Henry R. Rogers, the Spiritualist, who was last week convicted of attempting to assault Detective Brown of the Central Office with a hatchet, was this morning sentenced to three months' imprisonment In the Penitentiary by Judge Newburger In Part II of General Sessions. Dr. Rogers was conducting a splrtuallstlc seance at 100 East Seventy sixth street in 1895; when Brown and sev erel men went there to arrest him on a charge ot larceny. Rogers seized a hatchet and tried to strike Brown in the head, hut he was disarmed.

COUNTERFEIT COINS. (Special to the Eagle.) Long Island City, L. February 27 Counterfeit coins of the denomination of twenty five and fifty cents respectively are being circulated here. The coins are considered clever counterfeits. The quarters bear date of 1897 and the half dollars 1898.

Several detectives are at work on the matter. I MEMORIAL FOB A MAINE HERO. Services for Holtzer, Who Was an Altar Boy for Father Chidwick. Memorial services in honor of Frederick Holtzer, 22 years of age, who was Father Chidwick'e altar boy on board the United States steamship Maine, blown up in the habror of Havana, were held this morning In St, Joseph's Church, In East Eighty seventh street, Manhattan. Holtzer was thrown from the vessel by the explosion, but Insisted on going hack to the vessel and assisting his fellow seamen.

Solemn requiem mass was celebrated by the Rev. Father Lammel, pastor of the church. Father Chid wlck being unable to be present. In his sermon the Rev. Father Lammel referred to the heroism of Holtzer.

He stated that he was glad that there were many Catholics among the soldiers and sailors, as it showed that Catholics are patriotic. He stated that one of the mission days was set aside In order that this patriotic memorial to a dead hero could be celebrated. The church was filled with people, many of them friends and relatives of Holtzer. A CASE OF SUICIDE. Police Say That Gottfried Fingerling Took 's WTi Life While Despondent.

The polioe of the Stagg street station have come to the conclusion that the case of Gottfried Fingerling, who was found dead In the passageway leading to his home, at 132 Scholes street, in the Eastern District, early yesterday morning, is one of suicide. Fingerling was 52 years old and a carpenter by occupation. He owned the house in which ho lived as well as the one in front. His body was found about 5 o'clock yesterday morning by his daughter, Lena. There was a bullet wound in the man's head.

Nearby lay a .32 caliber revolver with one chamber empty. The girl was so shocked at the sight of her father's body that she began to ecream. Her cries aroused the uelghbors and one of them eent In an ambulanco call. It was responded to by Surgeon Glinnen of St. Catharine's Hospital.

He was of the opinion that the man died some time during the night. In the course of an investigation by the polioe yesterday they learned from Mrs. Fingerling that ahe had always been on the best of terms with her husband. She said she could not account for the suicide and added that she believed that her husband had been murdered. The polioe learned, however, that Fingerling had been despondent of late, and that he had made frequent threats to kill himself.

GRAND JURY PLEASED. Says the Disciplinary Training School Is Well Conducted. The Grand Jury for February was well pleased with its visit to the Disciplinary Training School for Boys, whloh occurred Saturday. The Grand Jury was met by Major ICiely and other members of the Board of Trustees, and taken, by means of a private trolley oar, to the school. It made a careful Inspection of the schools and shops, saw the boys drill and then talked privately with many of them.

They declared at the end of their inspection that the school was In excellent condition, except as to its plumbiug, which Major Klely said was being rapidly Improved under the supervision of Deputy Commissioner Walton of the Department of Public Buildings, Lighting and Supplies. Major Kiely had the Grand Jury meet the hoys in the ohapel before their departure. He told the latter the meaning of a Grand' Jury and the great power at its disposal. Assistant District Attorney Naylor, who accompanied the Jury, also made an address. In which he told the boys that the jury were well pleased with their progress.

WILL MAH0N APPEAR? Mclntyre Has No Fear of Losing His Witness, buj: He Is Said to Be in Philadelphia. Assistant District Attorney Molntyre, who has charge of the prosecution of the case against Mrs. Fayne Strahan Moore, charged with complicity In extorting money from Martin Mahon, proprietor of the New Amsterdam Hotel, said this morning that he had no official information that Martin Mahon had gone without the jurisdiction of the court. He had heard nothing in an official way of the disappearance of Mahon and was confident that be would be present to morrow when wanted to testify In the case. The trial was resumed to day and an effort to fill the jury box was rnade.

Nine jurors had been obtained up to 3 o'clock this afternoon. Later in the day Assistant District Attorney O'Reilly said that he heard that a man by tne name of Martin Mahoney was registered at the Colonnade Hotel in Philadelphia. He called up the Colonnade Hotel over the long distance telephone and was Informed that such a man as Martin Mnhoney was registered there. They stated that Mahoney said he was the proprietor of the New Amsterdam Hotel In New York and had given directions that he was not to be disturbed. Mr.

O'Reilly stated that a subpena server would be sent to Philadelphia to serve a subpena on Mahon and possibly a detective would be sent to bring Mahon back It It was necessary. BOT LOSES HIS ARM. (Special to the Eagle.) Long Island L. February 27 Charles McCann was severely Injured while stealing a ride on a Long Island Railroad freight train yesterday. Ho fell off the ear and rolled so near the tracks that the wheels passed over his left arm, crushing the bone.

He was attended by Ambulance Surgeon Mul cahey and sent to St. John's Hospital. MeCann is 14 years old and lives on Thompson avenue, near Hulse street. His arm has been amputated at the shoulder. BIRD GAINS IN DELAWARE.

Dover, February 27 The seventy second ballot for United States Senator, baken by the Delaware Legislature to day, resulted as follows: Addicks (Union 10; Gray 10; Hilles (Reg. Bird (Reg. Handy (Silver 4. Absent, total vote, 47; necessary to a choice 24. No election.

In the seventy third ballot, the eight votes for Hilles were given to Bird, making the latter 11. Adjourned until tenmorrow. SHERIDAN SHOOK NO BETTER. Poughkeepsie. N.

I' ebruary 27 Sheridan Shook, who Is critically ill at his home at Red Hook, Dutchess County, was no better to day, and while he may recover temporarily, the ohancos are against him. He is suffering from Brlght's disease. THE MANITOTX AGROUND. London, February 37 The Atlantic Transport Line eteamer Maaltou, Captain Cannons, while bound outward for New York, has grounded In the Thames at Barking during thick fog. United States' Attitude Toward Newtown Creek Improvements' Becoming THE PLANS ARE ALL READY.

Commissioner Shea Will Ask the Board of Public Improvements to Take Federal Action. Bridge CommissionerShea will ask the Board of Public Improvements next Wedneeday to approve plans for a new bridge over Newtown Creek, at Vernon avenue, to cost $750, 000', and a new structure over the same, at Grand avenue, the estimated cost whioh Is $200,000. Chief Engineer and his assistants have completed the plans in each Instance md the time is ready for their approval and the initiation of steps to secure the money required for their erection. The Board of Public Improvements will forward a request to the Board of Estimate for the necessary appropriations. Mr.

Shea's action in these matters arises from the great demand for better bridge facilities at these two important points and also from the fact that the United States government is determined to force the city, if necessary, to replace the present, antiquated and dangerous structures. Both have been officially condemned as impediments to navigation and commerce in Xewtown Creek and the Secretary of War has decided they must go, whether replaced or not. Mr. Shea received only a few days ago an order signed by Secretary of War Alger requiring improvement of the. Grand street bridge so radical that it will necessitate the tearing away of the present structure entirely and the erection of a new one.

This order hears date of February 15, 1899, and requires the city "to so alter the Grand street bridge as to make it 40 feet wide with the west abutment not more than 6 feet beyond the harbor line with a clear width of draw opening of not less than 75 feet measured on the line of the bridge; with the west abutment as far north and the east abutmeat as far south as the width of Grand street will permit; the whole to be complete on or he fore April 1, 1900." This order is imperative and comes as the result of full investigation and report upon conditions existing in Newtown Creek, by Major H. M. Adams of the Engineer Corps, U. S. In charge of harbor Improvements In New York.

Major Adams was ordered to investigate and report upon certain charges made by business Arms on Newtown Creek. He held public hearings and forwarded his report to Brigadier General John M. Wilson of the Engineer Corps, who in turn forwarded a report to his superior, whence It went into Secretary Alger's hands. The Secretary of War, acting upon recommendations contained In it, prepared hi order above noted. General Wilson, in his report, saj 3 of the iSrand street structure: "In the opinion of Major Adams the bridge obstructs free navigation of the channel from the three following causes, the removal of any one of which would sufficiently relieve the impediment to traffic: "First The faulty location of the bridge.

"Second The existence oi a. dock known as White's dock. "Third The existing location of the bridge piers and width of draw opening. "The removal of the first cause is probably Impracticable, for the reason that as Grand street is one of the most important highways leading from Brooklyn into Long Island City, and any change in the location of the bridge would be attended' with Inconvenience to the public and damage to private property; also 'of the second, for the reason that the deck is a legal structure and cannot be removed without compensation to the owners. "The removal of the third cause can be required under the laws of Congress, and.

In my opinion, the important commercial Interests of the creek demand that steps be taken to require It." The War Department has also interested Itself in the conditions at Vernon avenue, the chief thoroughfare leading from. Brooklyn to Long Island City. Here the need is still more imperative for improvement. Controller Coler, when asked to day regarding the appropriation of money by the Board of Estimate for these new bridges, said ibat the money would be appropriated wltb ut doubt, as the War Department has power to tear away the present structures If the oity Joes not replace them. The city could not afford, he said, to allow important highways to come In danger of being closed to all passage.

It is estimated that it will take at least a year to build the proposed Grand street bridge and much longer to complete the one at Vernon avenue. It will thus be seen that there is no time to be lost about getting them under way. Great complication may snsue if the Municipal Assembly takes it into Its head to hold up the bond Issue necessary ind the contracts required to be approved by It. If It does inaugurate a hold up, responsibility can he easily placed. A BASON ON TRIAL.

He Is Charged With the Murder of a Chicago Constable. Chicago, 111.. February 27 Baron Curt E. von Biedenfeldt was placed on trial to day charged with the murder of Constable Charles McDonald in a saloon on November E2. The trial opened before a large crowd of spectators, Including a number of people prominent In Chicago society.

The defease, it Is said, will make no attempt to deny the Rhootlng, but will confine Itself to establishing the former good reputation of the Baron. It will be brought out that McDonald repeatedly threatened Biedenfeldt. McDonald was formerly a detective for an agency with which von Biedenfeldt had dealings. BaTon von Biedenfeldt is a German nobleman, an ex captain in Emperor William's cavalry. The Baron is the husband of a niece of a Chicago multi millionaire, the late Columbus R.

Cummmgs. ENGLISH CHURCH ON THE NILE Cairo, Feb. 27 The Duke of Connaught, In laying the foundation stone of the English Church at Assouan, on the Nile, said he took great pleasure to lay the stone of the church furthest south in Egypt, which, he a.dded, "will be a great Godsend to our brethren from the United States, who continue to come in increasing numbers to Egypt." Assouan, which is spelled in a number of other ways, is a town of upper Egypt, on the right bank of the Nile, remarkable for Its commerce, Us picturesque situation and the ancient monuments found in its neighborhood. From Assouan tho railroad extends above the first cataract of tie Nile, and close to it, on the south, are the ruins of the town built by the Arabs. STEAMER SAMOA'S ROUGH TRIP.

Liverpool, February 27 The British steamer Samoa, Captain Hudson, from Galveston via Norfolk February 7, for Manchester, has arrived here and reports having erlence very severe weather. Her steering gear became disabled on February 16, which rendered the steamer unmanageable and she lay to for three days repairing. During a hurricane on February 19 her decks were swept of all movables. BRIDGE CONTRACT SIGNED. The contract for the reconstruction of the Bllssville bridge over Newtown Creek was Kecuted at noon to day In Commissioner Shea's office by the successful bidder, the Degnon McLean Construction Company.

The contract price is slightly above $57,000 and the work must he done within three noontha from date. For Fighting a Fellow Officer and a Citizen and Chasing Newsboys. HE WAS NOT SUSPENDED. Captain Dunn Denies That Any Favoritism Has Been Shown to the Accused Officer. Policeman Sullivan of the First Precinct, a man with a good record and well liked by his fellows, created little short of a riot at the corner of JohnBon and 'Washington streets a little before midnight Saturday.

According to witnesses, who have been called to appear before the commissioners at the trial of the patrolman to morrow morning, he assaulted a fellow policeman, a citizen and two or three newsboys. Considerable indignation has been aroused in the breasts of two or three Brooklyn citizens who saw the polceman, because they believe that an attempt was made to shield the man from punishment. An Eagle reporter heard two or three stories of the affair this morning from bystanders. According to these stories it seems that Sullivan had been drinking In a saloon on Johnson street and with him was a man named Golden, who Is said to be in the ice business and a friend of the patrolman. Just how the fighting began does not seem to be known to those who are willing to talk, but it is said that Golden told Sullivan that his relief would be around in a few moments and he had better look out for him.

Sullivan did not accept this friendly advice in a friendly way, but, instead, struck the Iceman a terrific blow, swelling up one of his eyes. Patrolman Qulnan then arrived on the Bcene and attempted to induce Sullivan to go around to the station house with him. Sullivan treated this suggestion in the same way he did those of hie friend Golden, striking at Quinan and throwing ofE his ooat and belt as he fought. He also tackled a passerby, who Quickly disappeared. Quinan found that moral suasion was not an effective force and went for help.

In the meantime it is eaid that the policeman assaulted one or two newsboys, one of them a colored lad by the name of Walter Spellman. whom he strlck and then chased around the corner. Spellman made a complaint against the policeman at the station house on Adams street During the fray Sullivan's shield came off and was picked up by another newsboy and was sent around to the station house. What surprises the citizens who complain about the policeman is that next morning Patrolman Sullivan was again on his beat with his shield all right, but with his disposition little changed. Indeed, a saloonkeeper, the proprietor of the Klondike, on Myrtle avenue, will be a witness against him concerning another disturbance he Is said to have created at that resort early Sunday morning.

Captain Dunn was seen this morning and asked what was to be done with Sullivan. He seemed rather surprised to learn that he had created such a scene as described. "There are charges of intoxication and absence without leave preferred against Sullivan by me, but did not know that ha had struck anyone or had been fighting. Nor did I know that he had lost his badge. 1 asked Quinan if he had been struok by Sullivan or had any trouble with him, and Quinan denied It.

When 1 saw Sullivan on Sunday he seemed to be pretty sober, and yet he showed evidence of haying been drinking, and that is the reason' the intoxication charge is made against him. He is a good policeman and I am surprised that he should get Into this trouble. For two yeaTs he has had a good record, though some charge was made against him two years ago in regard to a scrimmage he got Into Bomewhere on the Heights. I had always regarded him as a level headed, good policeman. There Is no disposition to shield the man, however, and I would be glad to have any one who saw the scene come and complain against the man.

Otherwise I can do nothing." Sergeant Toole was also surprised that the man had been mixed up in such an affair. "When he came in the station house on Saturday night with Quinan," the sergeant said, "he walked as straight as ever and showed no signs of intoxication. He went right upstairs, as I thought, to sleep. A newsboy came in and complained about being Btruck by the patrolman and I sent for Sullivan. I found he had gone out.

This surprised me and I sent Roundsman Vost to look for him. He found him on Johnson street and brought him In. I do not know how he got his shield If he lost it, as it certainly was not handed to me. He is in a nasty position now with the two charges against him. We cannot suspend a policeman now until the trial comes off and that was why he went on post again ounuay morning.

Captain Dunn said that the story about Sullivan's having been out in citizen's clothes drinking in enloons after the affair on Sunday night could hardly be true as he went on duty at 6 o'clock in the morning and all Sunday afternoon was at the station house. Patrolman Quinan will say nothing againet the man and it is difficult to get his fellow policemen to testify against him, as he is well liked in the precinct. Nevertheless, the stories told by bystanders make It rather Strang that his condition was not recognized at the police station, as he was said to be in such a state that he could not walk straight. A careful investigation will be made in the case and several witnesses will testify before the Police Commissioners in the Municipal .11 JDUUUliig CI ICkl i JJLll LU XJ1UI IUW. ANNIE HOUSE WILL RECOVER.

Annie House, the young girl who attempted to commit suicide by swallowing carbolic acid In the hallway of her grandmother's house at Bl Boerum street last evening, it was said at St. Catharine's Hospital to day, will recover. She is still In a critical condition, however. Annie was but 17 years of age. She is one of a family of seven, all of whom help their father In a tailoring business which he carries on in the house in which they live, at 216 Stagg street.

On Saturday night she accompanied Christian Mitchell, a young man who has been recently paying her attention, to the Lyceum Theater. Her parents scolded her for being out late and it Is believed she attempted suicide in consequence. CHATTEL MORTGAGE RENEWALS. Collector of Internal Revenue Frank R. Moore has held that renewals of chattel mort gages, whore the renewals were not aotually or practically new mortgages, were not liable for tax under the war revenue act.

This ruling has been sustained by Commissioner N. B. Scott, who says in a recent notice: "This office now holds that no taxation accrues on these instruments as new mortgages unless under them the mortgage, after its expiration, Is in law and in fact actually renewed. In other words, if the status between the parties to the original instrument is not changed there Is no tax. and this office does not consider such a change to have taken place when it appears in the filed affidavit that the mortgage has been reduced by tho payment of a sum of money." AUGUSTUS RASSIAGA'S DEATH.

Augustus rtrtsslaga, who was probably one of the best known men in Long Island City, died Saturday, at his home, corner of Stein way ana Ditmars avenue. The deceased wae In the 50th year of his age and a veteran of the late war of tho rebellion. He was for a number of years commander of Benjamin Ringold Post No. 233, G. A.

was a member ut one time of the Board of Aldermen and also school commissioner. He was twice married, having been divorced from his flret wife, who is at present in New York with two children. He leaves a widow and five children at his late Stelnway home. Pneumonia was the cause of death. Operation of Spring Creek Station Injurious to a Market Gardener's Farm.

$6,000 DAMAGES ASSESSED. An Important Decision by Justioe Smith, in the Case of Benjamin E. ForbelL Justice Wllmot M. Smith to day, In Supreme Court, handed down a decision in the suit of Benjamin E. Forbell, a market gardener residing in the Queens County line of the Twenty sixth Ward, against the City of New York.

The decision concerns a large sum of money in the future and a loss to the city. It involves an Injunction stopping the operation of the Spring Creek pumping station of the Brooklyn water works system. Mr. Forbell has done a thriving business on his farm, which is about 2,000 feet from the Spring Creek station. He alleged that the water taken from the land by the pumping station ruined his business, as the moisture was removed from his vegetables and flowers.

He began an action to enjoin the operation of the pumping station and set his loss every year at between $4,000 and $5,000. Before the piimping station was constructed by the City of Brooklyn the creek rose on Atlantic avenue, on the line of the Long Island Railroad and near the AdamsviJle station. The plaintiff's land, before the construction, was always wet on the surface and was surrounded by ditches, that were supplied with water by natural means. Mr. Forbell alleges that Spring Creek does not now rise above tideway and that the ditches are dried up, making his farm valueless for market products.

The decision is of value particularly because there is similar litigation by other plaintiffs. The decision follows: "The evidence in this case satisfies me beyond a reasonable doubt that che operation of the pumping at the Spring Creek pumping station lowered the water lavel Under the land owned by the plaintiff Jeveral feet, and that the direct effect there wis to prevent the plaintiff from growing upon his land the crops to whloh it was peculiarly adapted and from which he had previously made a large profit. "The substantial question to be deolded whther the defendant is legally responsible for the loss inflicted upon the plaintiff by the operation of the pumping stations. Previous to the decision of the Appellate Court for the Second Judicial Department in the case of Smith against the City of Brooklyn, the tendency of the decisions of the courts was against the contention of the plaintiff in this case and in favor of the proposition that an action would not lie against the owner of land who Intercepted and redirected underground currents of water to the injury of another. In the Smith case the operation of a pumping station lowered the spring level of surrounding country and dried up a spring of the plaintiff.

The court held the city liable for the damages. The court in its decision distinguishes the case from other cases previously decided lri this state on the ground that in the case at bar the cutting off of the source of supply of the plaintiff stream was not done In the exerlse of a legal right of the defendant to Improve its land or connection with the enjoyment of the land Itself, but for the sole purpose of gathering and conveying the water to a distant place lor tne use or. tne inhabitants of the city. The reasoning of the court in the case ap peals to a sound judgment and a clear moral sense as to be unanswerable. The defendant seeks to distinguish this case from the smith case, because in the Smith case a running Rtronm or nnnd was dried ud by the operation of the pumping station, and in this oase the underground water level was lowered upon the plaintiff's land.

In my judgment there is to difference In principle between the two cases. The underground water on plaintiff's land was a part of his land. He had a property right in It. It was Indispensible to the enjoyment of his land, and he was deprived of the water as effectively by means of these pumpa as he would have been by a direct entrance upon the land itself. The property right In waters which flow upon the surface of the ground Is no more sacred than property rights in water that flows underground.

There can be no escape from the conclusion that the acts of the defendant were injurious to tne plaintiff, and that an action will He for the dam aces he has sustained by reason thereof. "I think the plaintiff has made out a cause of action for the equitable renet oemanaea in his complaint, upon the question of damages, after making such deductions from the plaintiff's claim as may be properly attributable to other causes than the wrongful acts of the defendant. I assess his damage at rh sum of S6.000 and I hereby direct judg ment against defendant in favor of the plaintiff, enjoining the operation of the pumping stations, and for the sum of for his damages, with the costs of the action." MRS. SEABR00KE BRINGSACTI0N Sues the Actor for Absolute Divorce. Story of Their Infelicities.

Mrs. Elvia Crox Seabrooke has begun an action against her actor husband, Thomas Q. Seabrooke, for an absolute divorce, and to day before the Supreme Court, Manhattan, A. H. Hummel, representing Mrs.

Seabrooke, ap plied to Justice Qildersleeve for the appointment of a commission to take testimony in the suit in San Francisco. The matrimonial differences of the, Seabrookes have been aired on many occasions, but the actual facts on which the present suit is based could not be learned to day. The names of co respondents are guarded olosely by Mr. Hummel. On July 24, 1898, the well known come dian marrlod Elvia Crox.

For a time everything ran smoothly between the couple, but finally friends of both heard that serious trouble was coming. Early in the spring of 1896 Mrs. Seabrooke began an action against her husband In the Supreme Court for a legal separation. Pending the trial Mrs. Seabrooke was awarded alimony and counsel fees and for a time Seabrooke paid the former regu larly, Finally, however, the actor began to neglect payments.

A long theatrical tour took him out of the jurisdiction of the court and he failed to pay hifl wife her regular stipu lated alimony. This ran along until the arrears of alimony amounted to nearly bearbrooke re turned to New York and was at once pounced upon by his wife, who demanded the arrears Seabrooke pleaded inability to pay and his wife Immediately began proceedings to have him punished for contempt or court. As a result of these proceedings Sheriff Dunn arrested the actor jU3t as he was opening a new production at the Casino last summer. For some time Seabrooke was unable to procure baiL An arrangement was entered into, however, by which Seabrooke was allowed to go to the theater each night under the watchful eye of a deputy sheriff. This went on for several performances and then Seabrooke was forced to give up, saying that the presence of an officer injured him and his performance to such an extent that he could not proceed.

A few days later, however, Seabrooke secured a lucrative engagement and an arrangement was entered into by which he was to pay his wife at the rate of $75 a week until the arrears had been cleared off. There the matter has rested until the present time. According to Mr. Hummel, Mrs. Seabrooke Is now the leading actress in an opera company that is touring the Pacific Coast.

In opposing his wife's previous suit, Seabrooke alleged tho. life with her was Intolerable on account of her drinking habits. Justice Gildersleeve said that he would grant Mr. Hummel's application for the commission. SUICIDE IN CENTRAL PARK.

Policeman Bertram of the Central Park squad found a man dead on a bench In Central Park this morning. He is believed to he William Joeckle of 3,719 Third avenue. The man killed himself by taking carbolic a young man who was visitim? the Sehiil to mo mini ociuci, thies' house next door, saw the flames in the rear of the house and pounded on the window, at, the same time calling out that the house was on fire. Mr. Rauch admitted the voune man and A7f.e ed into the faces of the men, that drove them back, and they fell in their excitement.

A passerby whom Mr. Rauch does not know, but "Ke to meet, rusnea upstairs and er 0om ju uits arms ana carried ner down the stairs and into the street and placed ner in tne care of some of the neighbors who had Deen attracted to the scene. He then son! residence of Colonel Rueger, at the cor ui "uyveaant; aVenue ana wart street, fSt 5 bX rttamiih th extinguish the flames, which headway. There was another Are in the dis trict and the department force allotted to tho section was engaged there when the second sme no. za, rrom yumcy street and Ralph avenue.

The Salvage Corps of the distriot was also engaged at the othe Are, but the flames of the second fire were seen by Driver James Mundy, who called the attention of Cantata Burnett of the corps to it. In company with Sergeant Brewer the corps hastened there and arrived before the firemen and succeeded in saving much of the furniture In the buildings. The flames had extended to Mr. Schulthles' house. When the firemen arrived, however, they did good work and had the flames under control In short order.

Mr. Rauch places his loss on the building at about $6,000 and furniture, $2,000. Mr. Schulthles estimates his loss at $2,000. It is thought that the fire was caused by plumbers, who were at work ia the house on Saturday, and the fire had been smoldering.

The other flra was In a row of one story frame buildings at 955, 955, 957 and 957 Myrtle avenue. The fire started in 955 from some unknown cause and caused a damage of about $650 to stock and $1,000 to buildings. PROCEEDINGS IN BANKRUPTCY. Judge Thomas of the United States District Court this morning granted certificates of discharge in bankruptcy to George H. Davidson, William H.

Hall, Thomas H. Brush and Thomas W. Hynes of Brooklyn, Hyman Schloss of Freeport and Remington Vernam of Arverne by the Sea. Benjamin B. Odell, and Edward H.

Hobbs, as receivers of the Murray Hill Bank ot Manhattan, this morning filed a petition in involuntary bankruptcy against Jonas F. Emanuel, residing in Queensborough and conducting business at 147 North Eleventh street. Brooklyn, on a claim for In excess of securities held for a note for $3,599.77. They claim In their petition that Emanuel commit ted an act in bankruptcy on February 15, 1899, In making a general assignment to Gerard B. Townsend.

Robert Earl of 198 Warren street filed his petition. in voluntary bankruptcy, giving four creditors with claims amounting to $1,383.56, ana personal assets in ti.3U. COLLECTORS' STAMP SALE. Postmaster Wilson announced this morning that he still had a few sets of the newspaper stamps offered' by the Post Office Department for collection only. These stamps were never put into circulation, but were used' in' the post office only as a voucher for the re ceipt of money for postage on second and third class matter In bulk.

They are sold in sets of twelve stamps, running from 1 cent to $100 each, at $5 a set, and are of value only in collections. When It was decided to discontinue the use of these stamps the de partment assented to the requests of collectors to sell what remained on hand. They were divided Into 50,000 sets, which, at $5 each, will net the government $250,000 for what might otherwise have been destroyed. HYMAN ROSENSON ACQUITTED. Hyman Rosenson, a.

wholesale liquor dealer at 303 Grand street, who was arrested about a month ago for an alleged violation of the excise law, was acquitted by Magistrate Kramer, in the Lee avenue police court to day. Rosenson's arrest has ben fully considered by the District Attorney, who came to. the conclusion that Mr. Rosenson was Innocent of any intent at violating the law. BROOKXYNITES AT WASHINGTON.

Mr. and Mrs. Andrew Macrery of this borough are spending the balance of the winter in Washington, D. C. THli WEATHER.

INDICATIONS TILL 8 P. M. TO MORROW. "Washington, D. February 27 For Eastern New York! Generally fair to night and Tuesday; colder to nleht; brisk westerly winds.

L.OCAX. PROBABILITIES. to nlBnt and Tuesday; colder, brisk winds. 2 A. M.

Sunday 37 I2P.M 33 4 A. 37 4 P.M 3H 6 A. 38lOP.lt 39 8A. 35 I8P.M 41 10 A. 37 10 P.

4B 12 37 1 12 mianitsht ...17 Averaeo temporatnre Sunday 39 Average temperature curresponaing csunaay laHt year 2A. M. toKiay 48 .10 A. 49 4 A. M.

6 A M. ...43 12 ...49 .49 .6) 2 P. P. 48 48 8 A. 41..

Average temperatnre To Average temperature coi respohdtns day last year 32 The sua will rise to morrow at 6:35 A. at. and will set at 6:51 P. M. HIGH WATER.

Following is the official announcement of the time and duration of hiffh water at New York and Sandy Hook for to ixiorrow, February 28: j. A. ITImelHetght M.l Feet. P. it.

.1 Dnro'n of Fall. H. M.H. M. Time, Helmut h.

M.I Feet. New York .1 9:30 1 Sandy Hookl 8:11 4.7 4.8 1:10:00 I 9:38 5.0 5.0 I 0:31 6:37 MOVEMENTS OF OCEAN" VESSELS. ARRIVED MONDAY. FEBRTJ VRY 27 Ss Umbrla, from Liverpool. Ss Cuflc.

from Liverpool. Ss Galileo, from Rio Janeiro. Ss Athoa, from Jeremle. Ss Irocjuols, from Jacksonville. Sa VlKllanda.

from Vera Cruz. Ss Cunaxa, from Barry. ARRIVED AT FOREIGN' PORTS. So Mojrul. for New York, nd.

3 Edwlsk, for Kew York, pa, TarlXa. I a rCMCM Powder Mi ABSOUUTELV PURE i 1.