The Brooklyn Daily Eagle from Brooklyn, New York • Page 3

TRAIN. CRASHES INTO A TROLLEY CAR. Lit WATER Bill SIGNED, PROHtBITlOK SILVER WIEHWIM. TRAFFIC" AGREEMENT STANDS. Judge Wheeler Decides Against the United States.

OES HOT FEAR 1 EST1G AT 1 0 Naval Constructor Bowles Will Wel come a Congressional Committee. HANGED HIMSELF TO A BEDPOST. Louis Charles Herman was Tired of Life and Committed Suicide. Louis Charles Herrman, a German furrier, killed himself this morning by hanging himself with a piece of clothes line to the bed post. He lived with his wife and little child at 605 East Thirteenth street, New York.

He had been out of work since last Christmas and had been drinking heavily. The family has for some time beon la destitute circumstances. At periods Herrmann made a business of buying second hand clothing, and, after fixing Is up, pawned it for more than he paid for and in this manner he secured sufficient money to buy liquor. His wife, a little woman, has been eoinir out scrubbing Silver violet baskets, asparagus dishes, punch cups, toast racks, sweet bread dishes, and many other seasonable novelties. Theodore B.

206 Fifth Madison Square, NEW YORK. Man Killed and a Woman Fatally Injured Near Buffalo. Buffalo, N. May 28 A terrible accident occurred on the Gardonville and Ebenezer trolley road this morning just ontsido tho city limits. A freight train on the Western New York and Pennsylvania railroad crashed into a trolley car containing four passengers.

Ono man named Dubois was killed instantly, and a woman named Nottio TV. Klue received a fracture of the Bkull at the base of the brain, which will undoubtedly result in death. Thomas J. Hare wns severely bruised. The conductor and motorman are seriously hurt, and are at tho Accident hospital.

MAMIE DEVINE TOOK POISON. The Police Think That the Pretty 14 Year Old Girl Attempted Suicide. Mainio Devlne, a pretty, little girl not yet 16 years old, whose parentB live In Hicksvllle, L. was a prisoner in the Ewen street police court this morning on a charge of attempted suicide, preferred by the police of tho Seventh precinct. Mamie was found 10:50 o'clock lost night lying on the sidewalk at Manhattan and Nassau avenues in an unconscious condi tion.

Policeman Faulkner called an ambulance from St. Catherine's hospital, and the doctor said that the girl was suffering from cdrbolic acid poisoning. She was taken to the hospital. In court this morning Mamie said she took the poison by mistake. Justice Lemon was not Inclined to believe the girl, and she was held In $200 bail until to morrow morning for trial.

Mamie Devino, although she has passed the best part of her life in Hicksvllle. has made frequent trips to the city, and while here has made her home with her aunt, Miss Mary Devlne, who lives at 114 Clay street, or with a Mrs. Smith who resides at 549 Leonard street. Mamie's father, Patrick, recently secured a political job in Albany; and when left home Mamie urged her mother to move to Greenpolnt. Mamie explained that she could go to school there and grow up to be an educated woman.

Mrs. Devine finally consented to allow her daughter to go to Green point and live with Miss Devlne and her brother 'on Clay street. Mamie didn't' get along well there, according to all accounts, and last Sunday she was sent back to Hicks Monday afternoon Mamie surprised Mrs. Smith by walking into the house at the Leonard street address and announcing; that she had come to the city for good. "Mamie has been with us all this week," said Mrs.

when seen by a reporter this morning, "and I can't imagine how she happened to take carbolic acid. The second day she came here one of the little boys In the neighborhood found a small vial containing carbolic acid and when Mamie learned what was in the bottle she placed it on her dresser." No ono seems to know just where Mamie was when she took the carbolic acid. She said when arraigned in court this morning that she drank the poison at Mrs. Smith's house and she doesn't remember a thing that happened after that until she awoke in the hospital this morning. "I mistook the poison for catarrh medicine." said Mamie to Justice Lemon.

"I certainly did not want to kill myself. My aunt will tell you that." "No, judge: Mamie must have made, a mistake," said Mrs. Smith, the aunt who accompanied the girl from the hospital to the court; "she didn't intend to take her life. That can't be possible." Justice Lemon, told Mrs. Smith that in accordance with the law he would be obliged to commit the little girl to jail in default of $200 ball.

Mrs. Smith furnished bonds in hthat amount. POLICE CHARGE POISONING. Newtel Purcella Held Jo Await the Action of the The suspicious circumstances' attending the death of Mrs. Purcella of 90 James street, occupied the.

attention of Magistrate Kudlioh at the Center street court in New York this morning. The police 'of the Oak street station had arrested Newtel Purcella, the dead woman's and Mrs. Arch angelo Reltza of 35 Oak street, on suspicion that they bad something to do with Mrs. Purcella's death. Detective Cahill informed the court, when ho arraigned the prisoners, that It was suspected that the deceased's death was duo to poison.

The woman had been attended in her illness by a strange doctor, who had been introduced to her by Mrs. Reltza. The detective understood that the strange doctor's name was Nicolas. Instead of treating Mrs. Purcella at her own residence, the doctor had her removed to Mrs.

Reitza's house, where he prescribed for her. After taking the medicine she was seized with violent pains in the stomach and on the Monday following the Thursday, when she began to receive treatment from the strange doctor, she grew so bad that her relatives called ip Dr. A. Stella of 365 Broome street. The strange doctor, meanwhile, disappeared.

Dr. Stella said that Mrs. Purcella was suffering from an irritant poison and he suggested to her husband that he notify the poll6e. This was hot done and three days later, when 'Mrs. Purcella died, Dr.

Stella refused to give a death certificate and this brought in the coroner. Deputy Coroner O'Hanlon's autopsy showed that death was due to an irritant poison. Dr. Stella said that he had given Mrs. Purcella an emetic and that the contents of the stomach plainly disclosed Paris green.

After telling the magistrate about Mrs. Purcella's death, Detective Cahll! informed the court that the police believed that Purcella had desired to get rid of his wife to make room for another wife he had in Mag istrate. Kudlich decided that there was no' sumcient evidence upon which to hold the' Reltza woman and he ordered her discharged notwithstanding the statement of the detective that Mrs. Reltza had introduced the strange doctor and that Mrs. Purcella had been treated at her house.

Detective Cahill saw tbat be thought that Mrs. Reltza was trying to shield the mysterious physician. She stated in her own behalf that Dr. Nicolas had been treating her with the same medicine prescribed for Mrs. Purcella and that it was to save expenses that she had him treat Mrs.

Purcella at her house. She added that she expected Dr. Nicolas to call on her either to day or to morrow and that when he did she would notify the police. It was upon this promise that Magistrate Kudllch ordered her discharged. Purcella was held to await the action of the coroner.

INTRIGUES IN PERU. Conspiracy Against the Government Trouble in Bolivia. Lima, Peru, May 28 (via Galveston, Tex.) A conspiracy against the government has been discovered at Cuzco and soveral arrests havo been made. Advices received here from Bolivia say that trouble is feared in that republic in viow of tho manifest frauds of tho government and the result of tho eloctions which were thereby offected and undoubtedly favored Colonel Pando, jnst elected prosident of Bolivia. WANTED TO GO TO THE ALMSHOUSE.

John Iiippincr, a middlengcd mnn, who formerly lived at Dolmonico rdnrfl nu nnTiniiit ted to tho almshouse by Justice Goottiug in the Lee avenuo police court this morning at his own request. Kippiner explained to tho I Inn Mairnto tlof. lin Ai i. i 1 ui w.urn anu ms five children wore living with his sister at Bedford avenuo and Hopkins utreot, and as long as they had enough to eat ho did not caro what became of him. Ho was willing, he said, to take twonty nino years in prison or twonty nino days in jail.

DEATH DUE TO STARVATION. Tho New York coronor's offlco was notified this morning of tho death yostorday at 103 West Sixteenth street, Now York, of William Holerboin, 5 months old. Tho police reported death nu duo to starvation. Tho child had i beon under tho care of a woman namod Hoi zag, who rmikctf a businoao of looking after chiidron. Tho mothor ot tho child went out yesterday and when she.

returned thVbahy'was dead. Deputy Coroner Weston will muKff'an Brooklyn Cannot Increase Its Supply From Suffolk County IS! THE SUPERVISORS OBJECT. The Original Bill as Introduced, toy Mr. Burr Was Amended So as to Strike Squarely "at Brooklyn and Suffolk. Other Bill Signed by the Governor To day Objections to Be Filed The Raines Ballbt La Amendments.

(Sjlal to the Eagle.) Albany, 'N. May 28 The governor has signed the bill Introduced by Mr. Burr, prohibiting Brooklyn from taking water from any adjacent county except lfpon the written consent of a majority of the supervisors of Buch counties. The original act as introduced by Mr. Burr proVIo.d that "whenever the board of supervisors of any county of in the state which does not contain an incorporated, shall, by a majority vote, decide' that certain streams and ponds within the county are necessary for.

the supply of pure and wholesome water to the' people residing in such county, the board shall direct a certificate to that effect be filed in the county clerk's office, describing such pond and stream, giving town near which It is located and the name of the last owner or owners and of adjacent owners. Whenever the certificate has been filed it shall not be lawlul for any person, corporation or municipality to enter upon these ponds and streams for the purpose of supplying water to any city or county other than to the citizens of theoounty where the certificate is recorded." There was such a strong opposition to the measure from all the cities of the state that tie bill was amended so as to apply to the City of Brooklyn and particularly in its relation to Suffolk county. I. M. DeVarono.

chief engineer of the water department of the department of city works, said to day: "We have made some investigation of the ponds and streams of Suffolk county with relation to our further water supply. The consolidation with New York will now greatly affect the question as to whether we shall go for a further supply. It will not be Brooklyn but a matter for the consolidated city to consider." The city authorities made a survey of the streams and ponds of the towns of Babylon. Islip and the south side of the town of Brook haven and this created a feeling of alarm on TTt, tbe resI(lents or the localities affected This resulted in a petition to Assemblyman Burr of Suffolk to introduce a bill otV Hs, nhSect sbuttlng out of the City of Brooklyn from any of its territory in Procurement of a water supply for the Other Bills Signed To day. (Special to the Eagle.) Albany, N.

May 28 Governor Morton to day signed the general appropriation bill, the supply bill, the supplementary supply bill, the tax rate bill, which fixes the annual tax rate at 2.69 mills, and the Insane tax rate bill: The governor has vetoed several items in the supply bills, which will be announced later. He has signed the. Lexow bill, incorporating the International Bond and Debenture company of New York city. What the Amendments to the Raines Ballot Law Are. Governor Morton signed the amendments to the Raines ballot law and the election commissioners are to day preparing to comply with its provisions at the coming It.contains many changes over the law or last It does away with some of the election officials and increases the work of others.

It 'also simplifies the tallying of the vote at the. canvass. The Republican members of the board of elections seemed to be well pleased with the law. Especially pleased is Commissioner Moulton, the president, who thinks the new llqor law by the same author a good state policy. One of the first provisions of the ballot law is that the election districts shall be subdivided in.

1897 on the basis of 400 to a district. After that they are not to be changed until the next gubernatorial election, when they are to be again divided on a basis of 600 to a district. Instead of having on election day, as heretofore, inspectors, registrars and canvassers; there will be only one set of officers, Known, as inspectors, who will do the work formerly done by the others. They will register the voter, inspect the work at the polls and then canvass it. All the election officeri.

this year will be exempt from jury duty. The number of days of registration will be four as i heretofore, but there will be no day for, a revision of the rolls. The register who takes, the names of avoter. says the law, will give to each one at the time of registration a certificate to bo used by the voter la case his vote Is disputed on election day. In each polling place there ts to be only one box for voted ballots and an extra box for those that have been discarded or are mutilated.

The. voted ballots are to be kept for thirty days and in case of a contested election the box is to be sealed and preserved by the proper officers. In the polling place one booth is to be provided for every seventy flve voters. The inspectors In first class cities are to be paid at tSe rate of a day for the hours of an ordinary day of registration. Aa independent party, locally, not recognized by the state convention of the party, has a poor chance for the election patronage under th6 new law.

The executive committees of the parties are to file with the appointing powers'on or before August 1 lists of those they would like to see appointed to as election officials. The officials must be appointed on or before October 1. In the printed registry of voters issued by the board of elections this year, there will be simply the name and residence of the voter. The length of residence. in the state, county and district, as well as the age, will be omitted.

The rules for Independent nominations for a stato office are rather severe. The law requires that the nomination have the Indorsement at least 6,000 signatures, fifty of which shall bo contributed by each of the counties in the state. In cities of the first class an Independent nomination for a municipal office requires 2,000 signatures; in a city of the second class 1,000. For tho assembly only 500 signatures are required. In the case of a vacancy on the ticket the general committees of the parties are empowered to make it.

Should the ballot be printed the election officers are to cause a paster also to bo printed and issued, numbered and signed, as Is the official ballot Tho law provides that the ballot shall be marked In two wayB, either by a cross in the circle at the top of tie column, or by a cross in front of the name of each of the candidates. Should it be marked, however, by a crosa in the circle and another before the name of each it will be a good ballot. A name may bo written on the ballot with out a cross being made before It. A tally sheet has been provided for the can of the vote. It is a simple arrangement and was introduced to facilitate the count.

AMERICAN BARK ASHORE IN CHINA. Kong, May 28 Tho American bark, llnizley, Captain Shepherd, from Singapore on April 20 for this port, is ashore on Mountain Island. The natives havo commenced to plunder tho vessel. DIEDZWHILE VISITING HIS DAUGHTER. Henry H.

Lowls, aged 65 years, of 1838 Dean street, died suddonly this morning while on a visit to' his daughter, Mrs. Charles Millor, at 1031 Dean street. He had been ailing for somo time. Coroner Nasou will hold an inquest. WHEELMAN PROSTRATED.

Charles Dugan, aged 20 years, of 404 East Eighth street, was riding a bicyole in Prospect park late tiris morning when ho booamo ovor fceated; He was taken to the Senev hospital in jkn ambulance. A Motion to Lay Their Eeport on the Table Defeated. TWO PLATFORMS PRESENTED. Ex Governor St. John, Who Fresented the Minority Report, Moves to Make It a Part of the Majority Report Silver Men Gain a Signal Victory in the Test Vote Provisions of the Two Platforms.

Pittsburg. May 28 It was 9:30 before the second day's session of the prohibition national convention was called to order. The attendance at that hour was light, as many of the delegates had been laboring in committees until the early morning hours. When comparative quiet had been obtained the Rev. Gideon P.

Macklen of Ohio offered prayer. A resolution was then presented expressing sympathy for the sufferers of tho St. Louis cyclone, and it was adopted by a standing vote. After the consideration of some routine matters a report from the committee on platform was called for. Chairman I.

Funk stated that the narrow and broad guage factions were unable to agree and that two reports would be presented. The narrow guage was the majority report. Tho latter declares its agreement with tho United States supreme court that statistics of every state shows more crime and misery resulting from the use of ardent spirits than any other source; that liquor dealers corrupt legislation and make good government impossible; 'that the party Is unalterably opposed to the drink traffic and declares for Us total suppression for beverage purposes, and rejecting all compromise measures, whether license, local option, taxation or public control. The attention of wage earners is calleid to the enormous waste caused by the liquor traffic at the cost of production, and that the success of the Prohibition party will remove this great burden from industry. The platform further declares that the party stands for good government, honestjy and economically administered; that there is no greater peril to the nation than the competition of political parties for the liquor vote, and calls upon voters to enforce the declaration of the churches against the liquor traffic.

The minority report which was presented by the broad guagers has the following declaration on the money question: "That all money should, be Issued by the government only and without the intervention of any banking association. It should be based upon the wealth, stability and integrity of the nation, and should be a full legal tender for all debts, public and private, and should he of sufficient volume to meet the demands of the legitimate business interests of teh country, and for the purpose of honestly liquidating all our "outstanding coin obligations we demand the free and unlimited coinage of both silver and gold, at a ratio of 16 to 1, without consulting any other nation." Other planks In the platform declare against the manufacture and sale of intoxicating liquors for beverage purposes. The use of liquors for medicinal and other legitimate purposes should be controlled by the state. Equal rights of suffrage for both sexes is favored and alien acquisition of land op posed. Government control of no public funds to be granted for sectarian institutions, the election of President and vice president by popular vote, liberal pensions, amended Immigration laws, none but citizens to vote and naturalized citizens to vote only after being naturalized a year, are other recommendations In the report.

The final declarations of the platform are: i mere snouid be proportionate rpnrfisonrn. tion In state and nation, and the initiative and referendum should be adopted so as to swvurn free expression of the popular, favor imperative a guarantee against the misrepresentation of the people uy men cnosea to De tneir representatives. Governor St. John presented the minority report and moved that it be made a part of the majority report and that the whole should be considered section ny section. A motion to lay the minority report on the table was then made, but was defeated by a vote of 492 to 310.

This was a test vote and was regarded as a signal victory for the broad guages, or silver ALCOHOL TAX REBATES May Cost the Government Millions of Dollars. Deputy Collector of Internal Revenue Alex ander McKlnny received this morning applications for alcohol tax rebates amounting to more than $10,000. The cost of a barrel of alcohol is about ol wnicn 53U represents tho internal revenue) tax. Manufacturers have always held that they should not be compelled to pay this money and section 61 of the Wilson tariff law was inserted to cover the case Section 61 of the tariff law of 1894 reads as follows: Any manufacturer (Incline it necessary to use alcohol In the arts or any medicinal or other compound, may use the same under regulations to ue riueu uy tne secretary or the treasury, and In satisfying the collector of internal revenue for the district wherein he resides or carrlea on business that he has complied with such regulations and has used such alcohol therein and exhibiting and delivering up the stamps which show that a tax has been paid thereon, Be entitled to receive from the treasury 9t the United States a rebate or repayment ot the tax so paid. Said Mr.

McKlnny: "The secretary of the treasury has never prescribed any regulation believing that the allowing of any rebate would open the door to unllmled frauds upon, the government. In this district alone the rebate now due would amount to not less than $500,000 and in the whole country to $25,000,000 or $30,000,000. The matter has been taken to the United States courts. R. Dunlap Co.

of this city, whose factory is at Nostrand and Park avenues, are making the test, they being the consumers of a great deal of alcohol In their The claims filed by the firm amount now to. $9,000 or $10,000. Faber, the maker of lead pencils, who has a factory in Greenpolnt, is another large claimant. "Var nish makers use a great deal of alcohol. So do the manufacturers of patent medicines." "What do you do with tho applications which are.

filed with you?" "All we can do Is to keep them until we get a decision from the United States court. The treasury department instructs us, meanwhile, to treat the law as a dead, letter. There ought to be a decision before long." BADLY HURT IN A RUNAWAY. Patrick Ryan, 72 Years Old, Thrown Out on Bedford Avenue. Patrick Ryan, 72 years old, is seriously ill at his home, 42 Lee avenue, to day as a result of injuries which he received in a runaway at a late hour last night.

Mr. Ryan was driving through Bedford avenue at 11 o'clock when his horso accldently ran into some building material in front of the new church at Bedford avenue and Hewes street. The 'animal became frightened and Mr. Ryan was unable to control the horse. The carriage was upset and Mr.

Ryan was thrown on the pavement. He struck on his head and when Ambulance Surgeon Schall arrived from the Homeopathic hospital he said that Mr. Ryan was slightly bruised and had a nrobablo fracture of the skull. He was. removed to his homo and Mr.

Ryan's family physician was summoned. After the wagon was overturned the horse ran on to Flushing avenue, where it was caught by Policeman Bender. At Mr. Ryan's home this morning it was said that although Mr. Ryan is seriously ill his skull is not fractured and tho chances are good for his ultir mate recovery.

Mr. Ryan is a manufacturer of badges in New York and is wolf known in the eastern district. BABY'S SUDDEN DEATH AT CANARSIE. At 2:20 o'clock yesterday afternoon Edith JenncsH, aged IS months, diod suddenly in convulsions nt Cannraio. Tho child's Mrs.

Cynthia Jonnoes. of 002 Grand stroet took the baby with its nurse to Cnnarsio for tho air. It had boon Bufferiuir irom whooping cough and was. toothing. Coroner, Naspn will hold an inquest.

LACK OF MONEY STOPPED WORK. Many Men Have Been Discharged From the Navy Yard, He Says, According to the Exigencies of the Service, but No Labor Organizations Have Been Discriminated Against Officers of the Yard Surprised. No intimation had been received at the navy yard to uay or tne congressional investigation which Is likely to bo made into the alleged improper discharge of employes from the con struction department, of which Francis T. Bowles is tho chief. The claim is, as was stated in a Washington dispatch In the' Eagle yesterday, that certain labor unions, notably the International Association of Machinists have been discriminated against in the discharge of men.

An Eagle reporter made Inquiry at the yard to day in regard to the charges. A prominent official who ha3 every opportunity of knowing the exact situation said: "I havo not the faintest idea of, any such Investigation. Of course, in such a yard as this, where there are great forces of men. changes are constantly going on. From day to day men are being discharged, and every other man finds fault because he has been selected to be discharged.

These things, however, are the usual incidents of the busi ness. So far as I. know there has never been any complaint made from any labor organization about the discharge of their members." As has been intimated no order has yet been received by Chief Constructor Bowles. On the ISth or 14th of this month he suspended the work on certain repairs because the appropriations granted for the purpose had been exhausted. That stepped all the improvements that were going on at the yard at the time in the ships, just enough money having been left to complete the repairs to the cruiser New York.

All the men, however, were able t.work under other appropriations. When the new navy bill goes through, as everybody expects It will, the work as a whole will be resumed. The department is thoroughly satisfied with the provisions of the bill. It is the opinion that no appropriation will be made for more than two ships, although congress itself stands out for four. Naval Constructor Bowles said to day in connection with the proposed investigations of his department: "I know of no complaints having been made by any labor organization.

Men who have been disharged for various reasons have complained, of course. But no discrimination has oeen made in this department against labor organizations. All that haB been done here has been in the interest of the construction department and of the service. The department will welcome the fullest investigation ty congress at any time." ALL PLACES WILL BE COMPETITIVE. Revolutionary Action by the State Civil Service Board is Probable.

(Special to the Eagle.) Albany' N. May 2S It is stated that the state civil service commissioners will this afternoon announce that hereafter there will be no non competitive examinations in the state service. That will be the result of abolishing what is now known as schedule It was the placing of the special excise agents in the non competitive class and Controller Robert's refusal to pay these appointees that precipitated the controversy, which promises to revolutionize the entire civil service of the state. Neither Governor "Morton nor the civil service commissioners will discuss the matter at present. Meantime, State Excise Commissioner Lyman will defer taking measures looking to the appointment of excise auditors and special agents until the question at issue has been This means that for the present Brooklyn's branch excise department must get along with a very small force of employes.

SCHOONER CUT IN TWO. The Henrietta Run Down and Sunk in the East River. The 50 ton schooner Henrietta, was cut down in midBtrcam in the East river, shortly after 11 o'clock this morning, by the steamer Nutmeg, State of Bridgeport, and sunk almost immediately. The Henrietta was owned by Smith and Pearsall," of Rockaway beach, and was on its way to Jamaica hay. She was loaded with 1,218 tons of seed oysters, 1,000 bushels of which were on the deck and the rest in the hold.

Captain Henry A. Van Wickler of In wood. L. was in command and his crew consisted of Charles Van Wickler, his brother, who was tho mate. Richard and John Vau Wickler and Charles Iteiuhart, all had a narrow escape from drowning.

Tho Henrietta was passingsdown the river and was in midstream when the Nutmeg State, which had pulled out from her wharf a few minutes previously, pointed almost directly acroBB tho river. The men on the little boat were hampered considerably in tho management of the boat by the "strong tide that was running and could not get out of the steamer'B path. The Nutmeg State crashed into her beforo her crew realized their danger, striking amidships and cutting her entirely in two. The Henriotta listed over and sank in three minutoe. Mate Van Wickler was in the rigging at the time, and when tho collision occurred jumped, and catching a chain that ran from the smokestack to the guard rail of the nutmeg stake dropped on deck.

The captain clambered over the side of tho Henrietta into a yawl and escaped injury. The other men jumped on the steamer and wore taken along up the sound until Hunter's Point was reached, whero they were landed. Captain Van Wickler mado his way to the foot of Market street and was joined there by his companions in misfortune. Tho men lost everything and the schooner and tho cargo will be a total loss. FAILURE AT INFANTICIDE.

Female Infant Found With Twine Tied Around Its Neck. An unsuccessful attempt at infanticide was discovered by William Howard of 192 Water street last night about 9:30 o'clock by finding what he supposed to bo the lifeless body of a female infant, wrapped in newspapers, the sidewalk on Flushing, near aWshington avenue. Howard carried the body to the Twenty first precinct station, where it was found that an attempt to strangle the child had been made. A heavy piece cf twine had been tied twice about the neck of the child, which was only a few hours old and the failure to strangle it was duo to the fact that the string had not been pulled tight enough. When the string was removed tho child revived and it was placed under the charge of the city nurso.

It has not teen discovered who the parents of the child are nor who is resoonsible for tho attempt to kill it. ACCIDENT AT THE PIERREPONT. A Seven Year Old Boy Falls Two Stories. Jack Webb, 7 years old, was playing in the hall of the Pierrepont house at noon to day when he fell over the bannister at the second floor, struck the bannister on the first floor and bounded off, falling to the floor at the feet, of Manager Van Cleaf. Ho was carried into the parlor, where he lay unconscious for several ur.

Skene waa sent for and after. an examination said that the child was probably internally He was comfortable, at COMBINATION NOT ILLEGAL. An Interesting Ruling on Interstate Commerce Law The Remedy Not in a Bill of Equity District Attorney Macfarlane Declares the Step bnt PreliminaryWill Carry the Litigation to the Court of Appeals. Judge Hoyt H. Wheeler of the United States district court to day decided that the thirty two railroads, comprising the Joint Traffic association, are not illegally In combination under the law.

This is the purport of his decision, filed to day, dismissing the government's bill of complaint in the suit in equity, of the United States against tbe Joint Traffic After quoting the laws relative to the subject and the agreement entered Into between the roads. Judge Wheeler says Ths bill Is brought at the request of the Interstate commerce commission, under the direction of the attorney general, by the district attorney of the United States for this district, against this agreement, as made, without counting upon any statutes, or alleging anything actually done under it to be of itself unlawful, otherwise than because so done. The answer denies, as a conclusion, any Illegality within or under the agreement and, as a matter of fact, anything unlawful outside of or beyond It. The case has been heard upon the bill and answer, and bo Is made to turn upon the questions of the legality or the Illegality of the contract, and upon the right of the United States as plain tiff to maintain the suit, If It is Illegal. The pro.

visions of the contract Etated are understood to he the ones challenged as being contrary to the statutes quoted. The restraint and monopoly act expressly authorizes such a proceeding in equity as this to prevent its violation, and this suR Is well maintained if this contract Is wl thln it. Railroads are not expressly named In this act, and are said, in argument, not to be within Hs terms. No one is no named, but it applies to all contracts and combinations in restraint of trade or commerce among the states. Railroads do not trade among states, but they carry for those who do.

and what would restrain their so carrying would seem to be a restraint of such commerce. These provisions of the contract do not provide fort lessening the number of carriers: nor their facilities, nor for raising their rates, except expressly by its terms not contrary to law, and thereforenot beyond what are reasonable. The Interstate commerce law, section 1. requires all rates upon carriage way traffic cannot be any restraint In law upon such traffic. U.

S. vs. Trans Missouri Freight association. 53. Fed.

410, 58. Fed. Rep. 58. The soliciting of custom Is no part of the duty of common carriers, and dispensing with soliciting agents or with the control of them cannot be illegal, nor an agreement to do so be an illegal contract.

As this case rests wholly upon the contract as made, and not upon anything actually done under color of or beyond it, and each road is left by it to carry on its own business within lawful limits, as before, no unlawful restraint of comerce seems to be product vided for by It. and no ground for relief under that statute of 1890 is made out. No provision is made by the inter state commerce law for enforcing the provisions In equity except to carry out the orders of the commission and authority for the suit to restrain any violation of that law must appear otherwise or fall. That governments and states exercising general municipal control over the people, their property, their rights and their convenience, may. by their law officers, maintain suits In equity to restrain actual nuisances to ways, parks, commons and the like, which are injurious to the common rights of all to their enjoyment, is not to be questioned.

The United States government is limited in such control to such particular subjects as are committed to It, which include, of course, inter state and foreign commerce, carrying the malls and such. These railroads are not federal instruments, although they may and probably are engaged in the business of and are within control of the laws of the government to some extent. As so engaged, no nuisance would be federal till it should become actual by obstructing these functions. In re 5,564. This contract, if illegal.

Is Intangible, and is not alleged or claimed to have obstructed the roads for government purposes In any manner whatever. The United States may maintain a bill in equity to repeal a patent for land. W. S. vs.

Bell Tele Phone 128 W. 315. and a state to protect Its lnteres.t. in of 'the soil under its navigable waters'. Coosaw Mining.

Co. vs. South Carolina, 144, W. 5.501, or to prevent abuse to, of charters granted by its attorney general vs. railroad companies, 35 524, because of the interest In the property as proprietor, or in the grant as a party to it.

But here the United States is not alleged, or understood, to have granted the charters or. or to nave any proprietary interest In of these' 'railroads, or to have any other concern about them. In any respect Involved here, but to have Its prohibitory statutes for regulating commerce between the states respected and obeyed, the some as that those against counterfeiting, or tampering with the mails. should be. breaches of such statutes are misdemeanors punishable by Indictment or information: and that merely such are not preventable in equity is elementary.

A plaintiff in equity for relief by injunction would have some right or Interest in the subject of prevention, or be given express authority to proceed in that way by statute. Authority is given to the inter state commerce commission to have proceedings for the enforcement of the law taken and prosecuted, but that Is understood to refer to the usual and appropriate procedlngs in such cases, and seems not to authorize any that are unknown there. The right given here is to prosecute, but not to provide remedies. If this is erroneously, only such agreements are prohibited as are for the pooling of freights, or dividing aggregate, or net proceeds of, earnings. So far as this agreement goes each road carries the freieiits It may get.

over Its own line, at Its own rates, however fixed, and has the proceeds. net or other, or tne earnings to ltseir. very able judicial opinions and learned commentaries and disquis itons upon pooling, too numerous for separate notice berein, have been referred to, but none make It Include what is left in wholly separate channels. Provision for reasonaD.e. aitnougn equal or proportional, rates for each carrier, or for a just and proportionol rate for each carrier, or for a Just and proportional division of traffic among carriers, does not seem to be either a pooling of their traffic or freights, or a division of the net earnings In any sense.

This statement of reasons seems quite inadequate to the very full and able argument upon which this case has on each side been prosecuted but these conclusions have been An.vri nrwin full consideration of all. so far as understood, and as they appear to be sufficient for the disposition or tne case no more is attempted. Bill dismissed. When the case came before Judge Wheeler United States District Attorney Macfarlane presented thie government's contention, and James S. Carter, Edward J.

Phelps and George F. Edmunds argued In favor of the Traffic association. After the decision had been recorded: United States District Attorney Macfarlane said: "Judge Wheeler's decision is but a preliminary step in the matter. There are questions of land involved which can only be conclusively acted upon by an appellate court and I have no doubt the case will go to the United States supreme court and will receive early consideration at Its next session, the fall term." The bill of complaint aReged that the Traffic association was an illegal combinafckin and asked that the thirty two railroads comprising the association, be restrained from operating1 under tnelr agreement, it was niea on January last and the matter came before Judge Wheeler during the April term cf the United States district court, when the arguments for and against were heard. AN OLD EMPLOYE ARRESTED.

Stolen Plumbers Tools Were Found in John W. Foley's Room. John W. Foley of Stone and Blake avenues was arrested last night at his house by Detectives Harris and Cartwright of the Seventeenth precinct on the charge of grand larceny. On April 8 the plumbing store cf William Smltn, 2,524 Atlantic avenue, was broken into and some tools stolen.

The matter was placed in the hands of the detectives mentioned and the tools were discovered in Freel's pawnshop on Broadway, from whom a good description of the man who pawned them was obtained. This tallied with the description of Foley, who was a former employe of Smith's and their suspicions were further verified when they searched his room and found some more of tho stolen tools. Foley was then arrested and this morning Justice Harriman held him in $1,000 bonds to await the action of tho grand jury. KINGS PARK LIQUOR SELLERS. Eivorhoad, L.

May 28 Tho indications now are that the liquor sellers of Kings Park will havo no trouble in getting thoir liquor tax certificates. Seven of tho hotels and saloons of that place were within tho half mile limit of tho Btate asylum proporty and there was a question whether they were entitled to a liconso under tho now law. George Cusiok, who uwns one of tho largest hotels in the placo protested. His property adjoining that of tho state, but is a hal mile from tho asylum building. He presented his application and bond in duo form to tho oounty treasurer and was granted a certificate.

Eugene Keano and Julius Burr have also taken out licenses to day and Samuel HonB chol has made application. 'County Treasurer Darling will grant all the men a certificato if their applications ato in duefonxc Ai and cleaning for tbe neighbors in order to secure food for her self and baby. Last night the husband returned home and there was not a morsel of food in the house. The baby began to cry with tine hunger. The man shouted at it: "Shut up your mouth! Fill yourself up with water if you haven't anything to eat." Then he told his wife that he was goiing to kill himself and she replied: "If you do, your soul will go to hell." He turned Into the little bedroom and went to sleep after that and was awakened this morning by hearing the baby cry.

He took the litle one in his arms and, after a short time, placed it on the bed beside! ts mother. Then he walked into another room, saying, as he closed the door: "Goodby. Ella. God will fake This was at 5 o'clock. A few minutes later iae wne entered the room and saw her husband lyng upon the floor near the foot of the bed.

She thought he was asleep. Two hours later.as he made no appearance.she again went into the room in which he was lying. He was In the same position she had found him at first. She noticed then for the first time that there there was a rope around the man's neck, and she soon discovered that her husband had tied the rope around his neck and hitched the other end to the bed post. Then he had let himself down to the length of the rope until his face almost touched the floor, and there slowly strangled to death.

The wife called in some of the neighbors and the police were summoned. Then the coroner's office was notified. A DIVORCE FOR A DOLLAR. How a Rabbi Settled the Rosenberg Family Complications. A Jewish divorce, granted by a New York rabbi upon the payment of $1 to the wife by the husband, has apparently settled the matrimonial difficulties of the Rosenberg family.

Jacob Rosenberg is the Brownsville tailor, whose wife followed him from Russia, England and Canada and finally caught him in tils city in the early part if this month and had him arrested on the charge of abandonment. When Rosenberg was arrested he was contemplating a marriage with Rebecca Cohen, who finished tbe garments he sewed together in a Brownsville tailor shop. Since Rosenberg's arrest early in May, he has been out on bail and has had many opportunities, to see his wife. The Idea of a divorce is said to.be entirely his, as he is anxious to lead the dark eyed Rebecca to the altar. He finally induced his wife to acceed to his wishes and the pair journeyed to New York to see Rabbi Glklend.

who laid the case before Chief Rabbi Joseph. Rabbi Joseph gave his consent and accordingly Rabbi Glklend granted the divorce in consideration of Rosenberg giving his wife $1. In addition tl this, Mrs. Rosenberg agreed not to press the charge of abandonment against Rosenberg, and so, when the case came up for trial in the Gates avenue police court this morning. Justice Harriman discharged Rosenberg; as his wife failed to appear.

When Mrs. Rosenberg made her first appearance in Brownsville she went to live at the residence of. David M. Burger, whose services she engaged in ferreting out her husband's whereabouts. This he succeeded In doing, and being one of the witnesses in the case he appeared in court this morning when the case was called.

From Mr. Burger the settlement of the difficulties of the Rosenberg's was learned, and he expressed the opinion that Rosenberg would now marrv Rebecca Cohen, to whom he was engaged when his wife had him arrested. He said that the Hebrew churches recognized di vorces Dy the rabbis, and would perform the marriage ceremonay again for both parties in the case, even if no other, divorce naa Deen grancea Dy tne courts. PRESBYTERIAN GENERAL ASSEMBLY. Reports on Systematic Benevolence and Church Erection Presented.

Saratoga. N. Mav 28 Thp nnnnino nf Ma morning's Bession of the Presbyterian general assembly was marked by several references to yesterday'B disaster at St. Louis and the assembly ordered telegrams of svmpathy to be sent to the mayors of St. Louis and East St.

uouib. a proposal to cnango the name of fhn bnArrl nf minsinna nf 1 acuuiDi LllO 1 oard of nnlnrprl minairtna 1... no resnlt was arrived at. The orders for' this morning were tne reports on systematic benevolence and on church erection. The former was presented by the Rev.

Henry Goodwin Smith, the newly elected professor of theology at Lane Beminary, Cincinnati. The Rev. William H. Hubbard of Auburn. N.

addressed the assembly on the same subject. The order on church erection, was presented by Dr. William F. Junkin of Montclair. N.

J. The report Bhowed total expenditures on all accounts, including loans and grants, of 165.582. After rfimnrlrH "hv Tr iT, tUU UDOUtUlJ (., iU dreesed by Dr. Erskiuo N. White, the secretary OFFICER SALMON EXONERATED.

He Knocked Down and Killed Cornelius Harrington in Self Defense. Joseph Salmon, the special officer of the Eighteenth precinct, who killed a river thief with an oar a couple of weeks ago, was exonerated this morning by the coroner's jury. Salmon was watching in the yard of Hodges Co. on the night of the 19th, when Cornelius Harrington of 97 Dikeman street and two others approached in a rowboat. The three men began to take rope from a floating log raft in the'basin, when Salmon told them to quit.

Harrington and one of the others attacked the watchman, while the third man rowed away. Salmon grasped an oar, started one man on the run, and knocked Harrington down with a blow in the side. Harrington was picked up senseless by tbe officers who came up and never recovered consciousness. The man was well known mi justice i igne court as a character. NO MORE BODIES YET RECOVERED.

Victoria. B. May 28 No further recovery or bodies Jhas been made at the scene of Tuesday's disaster and the death roll is now set at sixty. There are six or eight bodies known to be under the debris of the bridge, and this is now being removed with a derrick so that they may be got out. Miss Sloan and Mrs.

Woodhouse prove to be the same, the woman being a bride of but four months and identified by both her maiden and husband's names. The coroner's inquiry to fix responsibility for the catastrophe is now in progress. AMERICAN HORSE WINS AT MANCHESTER. Loudon, May 28 Yishard, tho property of E. Wishard.

the American turfman, won the Wilton Welter Handicap plate to day. at tho second day's racing of the Manchester Whit suniido meeting The prize is valued at 150 sovereigns. Bomb was second and Hivito third. Ten horses ran. Ab soon as tho horses were off Wishard took the load and was never headed throughout the race, winning bv a length and a half.

Tho betting on the winnor was 8 to 1 against. THE COURT CALENDARS. Supreme court, special term. Tor motions Gay nor. ex parte business business at 10 o'clock.

Motion calendar calle.l at 10:0. Supreme court, trial term. Iav calendar. Mav 25 Nos. 67G, o77, 1.740.

2,430. 751. 1 ajj f'c5' i'S7: 2'515, T' 'J' 2 u31 42. 413'. 4.S01.

2.1S0. 2.1S1. 2.2W. 2.3S3. 2, l2 hel.l Juns 1 MS.

920, 821. 2.001. 4.51S. 4.H70. 1.4.

2.031 600 H'Shest number reaeliej regular call! County court, civil calendar. May 29. Hurd. Nos. 588.

2S2. County court, criminal calendar. Slav 2U. Aspln all, J. Thomas CTonley.

arson, liist degree; George vest. burglary, third decree, second offense. NATIONAL GUARD OFFICERS BOWL. The Pfflcor8 of tho Fourteenth reciment wont to the Matey avenuo armory laBt night and uuwieu uie omcorfl ot tne i'orty eeventu, toams WHY CODY'S BID WAS BEJEETED. Commissioner WoodroffQuestionedthe Contractor Very Closely.

HAD DOUBTS OF HIS ABILJTYo The Glenmore Avenue Bid Was' a Balanced One, Says the Commissioner, and He Ascertained That Cody Didn't Have the Facilities for Doing tha Work An Official Version of the Alleged Altercation. Park Commissioner Timothy t. 'Woodruff to day gave out the following statement on ths subject of the rejection of the bid of Cody Bros, for the Glenmore avenue contract. Mr. Woodruff said: "There was no row in the office of the department, as resorted in some of the New York papers this morning, the facts simply being as follows: "Cody came into my private office and in the presence of Deputy Commissioner Palmer and Secretary Smith said he had come to get the contract for grading and resurfacing Glenmore avenue.

I told him I wanted to ask him some questions before deciding upon the awarding of the contract. I then asked him if he understood how much the penalty waa for non performance of the contract within the specified ninety days. He replied he supposed about $5 a day and I then told h'im it figured out about $450 a day. His reply upon this was: 'You wouldn't rob a poor contractor, would intimating at the same time that he could not or did not propose to do the work within the time specified. The ninety dya limit was inserted in the classifications in order that the advantages of ths connecting link between tho Eastern parkway and the good roads of Queens county might be made available during the autumn of this year, rather than that the use of them should not be possible until next spring.

Furthermore, the other contractors had presumably taken into consideration this heavy penalty. "I then pointed out to Cody that his bid was a balanced bid, his price for grading being two and one half times that of the next lowest bidder, while his price for macadamizing was only 63 cents a square yard, against $1.25 a square yard, that of the next lowest bidded. I told him I had satisfied myself that he could not furnish the stone on the ground, for the macadamizlhit ror the price of his bid. "From these facts, I was obliged to draw the conclusion that he might intend to do the grading, which would, of course, haye to be done first, and then quit on the rest of the job, and I called his attention to the fact that the Sixtieth street macadamizing' contract, which he was doing, was stilt uncompleted, although he had been at. work' at it nearly two years, and thaf also tha; single connecting block at the city the end of Liberty avenue, which was to furnish a connecting link with Brosdwityi of Jamaica, forming the easterly end of ihii was also unnnfsjSeV although he had been at work at it last fait and all winter.

"I then proceeded to question him as to iu equipments for doing the work. He volunteered the Information that he had two steam rollers, doubtless being aware of the fact that I had recently made the statement that I would not let the pnnfMt work to anv man uvt. vwu ur control the use of sufficient steam rollers to properly aou uim wnere tne rollers were, and he said one was at work on the Liberty aveneu 1ob and rh i. stored in his stable, at the corner ot Sixtieth street and Sixth avenue. After having asked him particularly about thio be was sure it was now in the I called au Sl to oixtietn street and Sixth avenue, for the purpose of proving or disproving the statement Whsn r'rui was going to send to the designated place ha ul uiuiuer uau rented tne roller to another contractor.

"Previous to mv Winvoi catt n.ttu j' had satisfied myself that he lacked the equipments and the ability to do this work properly and expeditiously, and I took up this attempt of his to misinform me as evidence of the iauiu ox wuat nau Deen stated to be by various parties, more or less confidentially, and I told him that on the strength of his statement, coupled with all the other circumstances I would not give him the contract, because I did not believe it in the best interests of the city to do so. "His brother then came in and they both became very abusive.but were not restrained in their utterance of all they cared to say until they had exhausted themselves, and then withdrew voluntarily, making the final statement that they would bring action to compel mo to give them the contract, to which I replied that I would not award the contract until they had been allowed time to establish their legal rights. If they had any. Subsequently their attorney appeared at the office and was given free access to all the documents In the case. All this occurred in the morning and upon my visit to the department in the afternoon, Mr.

Thomas F. Byrnes, one of the bidders for this work, was In the office, when Secretary Smith happened to refer to the fact that Mr. Byrnes was one of the bondsmen on Cody surety bond. Mr. Byrnes then stated in my presence that he had not authorized the use of his name as such bondsman, and If It was on such bond It was not written by him.

He then a'sked that it be compared with his own signature attached to his bid. which we did, and found that although it closely resembled the signature on the bid it was not the same handwriting. The discovery of this fact is in line with the statement made to me. and I think entirely justifies my action in throwing out the bid and certainly puts me on a legal basis that no man can possibly question." LAST DAY OF THE M. E.

CONFERENCE. Recommendation for an Annuity for Superan nuated Ministers Carried. Cleveland, May 2S Delegates were slow in taking their seats this morning for tho last session of the Methodist Episcopal general conference. Bishop Joyce presided. The committee on temporal economy recommended an annuity for superannuated ministers instead of payments according to the circumstances.

Despite tHe fact that only a few hours Intervened before a final adjournment, the subject was freely discussed and finally carried with a few incidental changes. Tho report of the committee on state of the church recommended that the lay delegates could sit together it they wished at the general conference. The book concern committee made a report recommending its annual appropriation to various publications. YACHT METEOR SAFE AT COWES. Cowes, Isle of Wight, May 28 Emporor William's yacht, iroteor, which was abandoned off Start Point yesterday by tho tiig hains her in tow.

owing to the high wind prevailing at the time, whilo on her way from Plymouth to this place, arrived hero' safely to duy. SHARP BRUSH VIITH MATABELES. Bitluwayo, May 27 A portion of Captain Napier's column, in a sharp brush with" a force of 1.500 Matabeles, in the Insiza district, routed the latter, killing 00 and many Others. Tho had twin Hllpi nrt to 707. in the r' i vv fii..