Pittston Gazette from Pittston, Pennsylvania • Page 1

WKATHF.K CONDITIONS. ALL THE HOME Porwast Fntil 8 p. m. Tomorrow for Eastern Pennsylvania. For Uie People of Ptttstoa ami Vicinity.

Rain colder rednes THE HOME PAPER. lay, snow and cjCV EEKLY ESTABLISHED 1850. PITTSTOX, TUESDAY, JANUARY. 8, lfX7. TWO CENTS A COPY.

FORTY CENTS A MONTH. 8 PAGES EST. by TUBO. UAHT 1882 ItAKEN FROM LOCKUP I basis of the returns of the vote. It MCLELLAn ANGRY AIM MR New York Fireman Dug Out of Debris.

I MORNING WEDDING. MiHiaci Fabry and Miss Ellen Tigue, Iloilt of l'pier Pittston, Took Marital Vows In St. Mary's. A pretty wedding took place this morning at 9:30 St. Mary's church.

Upper Pittston. The groom was NEGBOJCASE UP Senate Listens to Lodge's Defense. PinSBUBG GRAFT Sensational Testimony in City Scandal. COMRADES MET DEATH Work of Rescue Was Most Thrilling. found on one of his legs and it is be Xew York, Jan.

8. After a living lieved that he is suffering from some burial under tons of paper and broken serious ailment. The physician pro beams, John Siefert, a fireman, was I nounced his condition serious and ad claimed that men not entitled to vote were allowed to vote for McCleilan and that In many other ways the elec tion law were violated at the 11KC election. Votes oast for Hearst, it is declared, were not couuted in a num lxr of districts. In view of the precedence given in the courts to actions begun by the attorney general the suit of ouster will come to trial at once and will be prosecuted by Deputy Attorney General Donnelly, with Clarence J.

Shearn. William Randolph Hearst's personal attorney, as special counsel. Attorney General Jackson said that this action would take the place of the quo warranto application of Mr. Hearst. NINETEEN NEW TYPHOID CASES The number of typhoid fever oases reported in Scranton since the epidemic started has passed the thousand mark.

For the 24 hours ending at noon today there were 19 cases reported, bringing the total number up to 1,003. Only one death was. reported Joday. While there was an apparent increase in the number of cases today over that of yesterday, there was ac tually no increase, for the reason that three physicians sent in reports for ten cases, the majority of which should have been reported yesterday or Sunday, as the report cards bore the date of either Saturday, or Sunday. There was no deaths reported officially, but one person died in the last 24 hours.

He is Floyd Gilpin, 30 years old, 329 Gibson street. He died at the State Hospital. The fact that this is the only death in the last 24 hours is a particularly gratifying circumstance of the situation. There was only one patient admit ted to any of the hospitals, this single case was received at the West Scranton Hospital. Mayor Dimrnick this morning mado the most important announcement as yet of what will follow the typhoid fever epidemic to transform the sanitary conditions of Scranton.

The sewering of those sections of the city which are lacking in this san itary feature must now be done, he said, and it must be done at once, it the city would be preserved from the dangers of contagion. VISITING ASYLUMS. Reading, Jan. 8. The lunacy commission appointed by the legislature tn inquire into the conditions existing at the Statu insane asylums resumed its investigations when the committee visited the South Mountain asylum near Wernersville, this county.

Aj, South Mountain they found no overcrowding. The capacity of the asylum is 800 and there "are about that number of inmates. They are housed With more comfort than elsewhere. Many work on the 850 acrc farm and in the industrial deArtment; there are no stone walls around the property and no cells and no iron gratings on the windows. It is considered one of the model asylums of the United States.

The mental condition of many inmates has improved while they have been there. From Wernersville, the committee will go to Danville. FINE NEW HOME. The handsome new parsonage of the First Welsh Congregational church was completed during the past week and the pastor, Kev. J.

V. Stephens, and family, moved this week from the old parsonage to the new one. The new house is located on the I tgrange street lot adjoining the chun building, on the southerly side, and the location is an ideal one, being on an eminence and commanding a splendid view of the business section of the city, together with the west side of the valley. The building is of colonial design, nearly square, with a spacious porch running across the front. The interior has been arranged especially to suit the needs of a clergyman and his family, and is fitted with all modern conveniences.

Separating the front of the parsonage lot from the church properly is a neat cut bluestone wall, and a similar wall will be erected at the front of the parsonage lot, which will then be graded. The total cost of the parsonage is in the neighborhood of $4,000. The architects who planned the building were Messrs. Davey Crow ther, and the contractor was Arthur Crawford, of West Pittston. BOROUGH COUNCIL.

The Hughestown borough council held a regular session last evening in the town hall. It was ordered that the Krie railroad be notified to make changes in the new bridge it had erected near Center street. The railroad, when it built the bridge, did so under borough direction and agreed to have it a fixed height above the ground. It is alleged that the railroad failed to live up to its agreement but made the appearance of height by digging out the roadbed. The chief of police was take charge of a house on Parsonage street in which there is diphtheria.

It was reported that children from the house had been attending the public schools. The chief was also instructed to swear In special policemen and take whatever steps he would find necessary to break up the practice of certain Italians, who fire off revolvers indiscriminately at all hours of the night BOWLING CONTEST. Lnst evening's contest In Scranton, between Scranton and Pittston bowlers, was much closer than was the first game between these teams, which took place here on New Year's Day. The Scranton team won last evening's game by the narrow margin of 14 pins. The score of the Scranton team was 2.2S7, while that of the Plltston team was 2,273.

The Pittston team was composed of .1. h. Peck, Kdvvard Van Vnlltenbtirg, John Mcduffie, Al. Itlun din and J. A.

Hitchner. TO CITY HOSPITAL "Dutch" Maloney, Character About City, Found Lying III on Streets Condition Serious. "Dutch" Maloney, a character about the city saloons, was found lying on Main street this morning by Officer Price. Maloney complained of being ill and the officer assisted him to the city hall and left him in the lodging room. His condition grew worse in a short time and a physician was sent for.

Dr. Lenahan, who examined the man, found that he had a broken arm, in addition to his other ailment. A breaking out of some kind was Vf? Bw pital. He was taken there in an ambulance. LUTHERAN PASTORS HELD MEETING The Scranton Wilkesbarre Pastoral association, comprising the pastors of the Evangelical Lutheran churches of the Lackawanna and Wyoming valleys, met in monthly session today, at.

the home of Rev. Theophilus Zuber, of Wood street, this city. The pastors assembled this morning and took up a very interesting and Instructive programme. They were entertained at dinner by Rev. and" Mrs.

Zuber and completed the programme this afternoon. The pastors present were the following: Rev. Dr. H. H.

Pruning, of White Haven; Rev. E. F. Ritter, of Scranton; Rev. F.

J. Beates, of Wil kesbarre; Rev. William Heist, of Scranton; Rev. J. A.

Bender, of Scranton; Rev. G. Anderson, of Wi'. kesbarre. Several of the Lutheran clergymen were unable to attend the meeting, due to the inclement weather and duties of the pastorate.

The following programme was rendered: Reading of Leviticus, 2:1 10, in Hebrew and Roman; 2:10 29, in Greek sermon outlines, J. D. Witke, Scran ton, and Rev. Zuber, of this city; pa pers on the following subjects, "The Church in Sweden," Rev. G.

Ander son. Wilkesbarre; "Angeloiogy," Rev. E. F. Ritter, Scranton; Rev.

J. D. Witke, Scranton; expository preaching, Rev. Dr. II, H.

Bruning, White Haven. HORSE'S ODD FALL. Dropped Down Through Elevator Shaft and Landed Seven Feet Below Not Badly Hurt. A horse belonging to Campbell Webster, South Main street grocers, had an unusual experience for a horse last night. The stalls in the barn are on the SHC'ind floor and the wagonshed on the ground floor.

The building is in the alley in the rear or south Main street. There is a freight elevator leading from one floor to the other. The horse was tied In the stall as usual last night but the fastening became loosened in some manner. The animal started to wander around the barn and gradually made its way to the elevator shaft. It did not see the opening on account of the darkyoss and fell Into it.

It landed in a heap on the floor below. The animal was found at the foot of the shaft this morning and for a time was unable to move. It finally got up with assistance and was found to be practically unhurt IMPORTANT EQUITY CASE ON TRIAL Notwithstanding that a long list of common pleas cases were on the argument list today it was necessary that the four judges sit and listen to the discussion of the equity case of E. Oscar Myers and others against the Consumers Coal Co. The entire morning was taken up with this argument and It may go far into the afternoon.

The case is a famous one. Myers and others leased coal in Luzerne and Dorranceton to the Consumers Coal Co. and they claim that the royalties have not been paid in' accordance with the terms of the indenture. Judge Ferris decided the case some time ago In favor of the Consumers but this decision was reversed by the Superior court, who in the course of the opinion decided that the equity matter should have been heard before the entire court and not one judge. This accounts for all the judges sitting today.

The case was decided the second time by Judge Ferris and to these findings exceptions were taken. Thereupon exceptions were filed against the exceptions and it is this matter which is on for argument today. A I large number of attorneys are inter ested, the most conspicuous being ex Judge Burke, of Chicago, who represents the plaintiffs and who is considered one of the ablest lawyers in the middle west. Messrs, Ansart and Farnham also made arguments today. SUIT AGAINST WEST PITTSTON In court today, Martha Thomas began suit against West Pittston borough and Perry Sickler, seeking to recover $10,000 damages.

The plaintiff, according to the statement filed In her behalf, declares that in July, 1906, she was walking at the corner of Luzerne avenue and Daman street, In front of the Sickler property, when she fell into an unguarded excavation. She alleges that she suffered serious internal injuries. James H. Shea Is the attorney for the plaintiff. strikerFmturn.

The strike at the Coalbrook colliery, of the Delaware Hudson Coal in Carbondale, which was inaugurated by the outside laborers and the breaker employes, yesterday. Is still on. although about half of the men who went nut returned to work this morning. The breaker is being operated with a small force today. Attacks Attorney General Jackson.

CALLS ACTION "RIOT" Jackson Upholds Hearst's Contentions. Xow York. Jan. 8 Following Attor liey General Jackson's entry of suit in the supreme court against George 13 McCleilan, praying that the latter be ousted from the mayor's ottlee on the ground that William Randolph Hearst is entitled to the office, Mr. McCleilan.

through his attorneys, made an tdtaefc on the attorney general, declaring that Mr. Jackson is guilty of riot and should he impeached for defying the courts. Mr. Jack Am, while technically obey lug the recent writ of prohibition which delays a hearing in the quo warranto action, went a step farther and brought his action against Mayor MeClollau in behalf of the state on the ground that he holds office unlawfully. In the statement of Mayor McOleHan the attorney general is contemptuously referred to as 'Fingy' Connors' and is accused of violating the order of the supreme court.

W. Bourke Cockran's famous statement at the Buffalo convention that he preferred "riot to rottenness" is quoted, and Mr. Jackson's action is designated as belonging to the order of "riot." Took McCleilan by Surprise. The. mayor's statement was evoked by the latest move of the attorney gen eral, which took the McCleilan people by surprise.

Only last Saturday the mayor had procured an injunction from the supreme court in Albany restraining the attorney general from holding a hearing on the application of W. K. Hearst for the institution of quo war ran to proceedings to test McClellau's right to the office. McClellau's lawyers thought this would stop the proceedings, but after conferring with Mr. Hearst and others in New York Mr.

Jackson went back to Albany and Instituted in the name of the people the action which McCleilan sought to enjoin. Mr. Jackson declared that he would obey the order of the court, but lit stole a march on the McCleilan forces by beginning in the people's name th ouster actiou. The effect of this will he the same as that of quo warranto proceedings, only in this case the state and not Mr. Hearst will have to beai the expense of proceedings.

The statement given out by Mayoi McClellau's attorneys Is in part as follows: Cockran's Address Quoted. "An eloquent partisan at the recent Buffalo convention said that in the present condition of affairs, the nomi nation of Mr. Hearst for governor impending, in making a choice between rottenness and riot he preferred riot. "In the orderly course of justice it had been determined that a suit against Mayor McCleilan to test the title to' his office ought not in reason and justice to he brought. This decision was arrived at by the Republican attorney general after a most careful inquiry.

"At the invitation of the succeeding attorney general Mr. Hearst was asked to renew his application to have an action brought which he has done. Then Mayor McCleilan asked the court whether the new attorney general has the power to reverse the decision of his predecessor on the same facts. "The court has made an order and issued its writ of prohibition against the attorney general forbidding him to determine the question involved viz. whether he has the power to reverse the decision of his predecessor and bring the suit.

Says Court's Writ Is Defied. "The attorney general immediately thereafter determined that he did not have the power and has brought the suit. There appears to have been no restraining hand upon him. After the Avrit was served he immediately came to New York and sought the counsel of Mr. Hearst and of his attorneys.

They advised a defiance of the court's great writ. The attorney general forsook the dignity of his office and of his own autonomy, violated his oath of office to maintain the law and inaugurated a reign of "The preference of 'riot' to 'rottenness' has yet to be demonstrated. "Furthermore, a conservative estimate of the cost of a quo warranto action Involving the contest of an election where lioo.iXK) votes were cast is the sum of This expense the attorney general has saddled upon the state in his effort to befriend Mr. Hearst by the bringing of the action In his own name and not upon the relation of Mr. Hearst.

Does the taxpayer think this Is rottenness or riot?" A summons and a copy of Attorney General Jackson's complaint In the action. Which was begun In the supreme court of Xew York county, were served upon Mayor McCleilan by Deputy Attorney General William A. De Ford. Attorney Oentral't Complaint. The complaint declares flatly that Rt the election in November, Mr.

Hearst "was duly and legally elected mayor of the city of New York." It la further alleged that ballots legally marked for Hearst were counted for McCleilan by the of election nml that these "inlscoiibts" formed the Talking machines at Garrison's. Michael Fahey and the bride Miss Ellen Tigue, both popularly known residents of the Upper section of the city. The bride was attended by Miss Mary Corrigan and the groomsman was John Drugan, of Wilkebarre. Rev. Thcraas Crghan was the of i ficiating The bride and her maid were similarly attired.

They wore pearl gray puits the bride's a traveling suit and hats to match. A small party of friends of the. contracting couple were present in the church. After the ceremony the wedding party had a weding breakast at the Tigue home, on North Main street. The couple left on a wedding tour to New York and other cities.

On their return they will take up their residence in Upper Pittston. Mr. and Mrs. Fahey are a popularly known couple. Air.

Fahy is a boilermaker in the Coxton sWops. FIRE IS REPORTED OUT. Stop Pumping Water at No. 7 Shaft. No F.videnecs That a' Trace of the Fire Remains ripe Is Xow Being Driven Through One of Walls.

to Let Out the Pent up Waller. The Pennsylvania Coal Co. officials are so strongly of the opinion that the mine fire in No. 7 that they have been fighting for the past month or more is now out that they ordered the fiouring of water into the bore hole leading down to the affected section to be stopped last night. For some days past it 1s said that there were evidence that the water was overcoming the fire.

This was figured out from the conditions at the second bore hole. Yesterday no evidence of fire was to be found and those who have taken an active interest in fighting the flames, after a conference, decided that the water had done its work. It Is stated unofficially that work is already under way to dispose of the great quantity of water that was poured into the section, which was closed up before the flooding started. A two and one half Inch pipe is to be driven through one of the brick walls and pipe laid to the foot of the shaft. A pump is to be stationed here and as the water pours out of the section it will be forced to the surface and drained away from the head of the shaft.

It will taker several' weeks' to dispose of the water and then some weeks longer before operations can be recommenced. It Is believed by the officials that they will find no trace of the fire when they can go into the affected district. The mine fire in No. 7 vein was discovered over a month ago. after it had been burning for hours.

Tt was located in the Pittston vein, in a section where pillars were being robbed by contract. Large shifts of men were set at work to fight the fire, but they were unable to do effective work on account of a steep pitch. Tt was finally decided to drown the fire out and every leading into the burning district was closed by brick walls. Two bore holes were then driven to the seclion and a great quantity of water poured in. The fire did not interfere with the work In other veins of the colliery.

BOARD OF TRADE. The Pittston board of trade held a meeting last evening. A. Brown presided. A large cigar manufacturing plant wants a location here, if the proper inducements are held out.

The members of the board are handicap ped owing to their inability to secure proper. sites. The coal companies de cline to give any sites or even to give an option on them. lion. William Drury and A.

B. Brown were appointed a committee to wait on the coal company olfieials and try to secure some options from them. Three new members, T. A. Grace, Armstrong Sanders and M.

D. Adelson were admitted to membership. The poor telephone service came in some unkind cuts and it was decided to send a committee to confer with the local managers and demand improved service. It was decided to lease the present board of trade rooms for another year. An effort is shortly to be made to secure new members and awaken interest in the organization.

RINEHART RETIRES. Waynesburg, Jan. 8. Broken in spirit, nerves and body, Former Cashier J. B.

F. Rinehart, of the crippled Farmers and Drovers' National bank, of Waynesburg, is spending a few days In retirement' on his 100 acrc farm In Franklin township, about three miles from here. He. told Receiver John B. Cunningham that he was not feeling very well and thought that a few days on the farm and away from excitement at the bank might benefit him.

He was Informed by Cunningham that matters at the bank were now in such a condition that he could take the rest, which is the first vacation he has had for nearly three years. Rinehart was warned not to go further than the farm. "SIMPLE SIMON." There was a fair sized audience at the Broad street theater last evening, when the comic supplement extravaganza at least that's what the show management called it "Simple Simon Simple," was presented. The play pleased the audience very well. It is somewhat slapstick In makeup, but had numerous good features and on the whole was enjoyable.

Jerry P. Sullivan, the diminutive acrobat, did some very clever stunts and was much applauded. The singing was good and the numbers tuneful. $70,000.00 FOR VOTES Councilman Charged With Soliciting Bribe. Pittsburg, Jan.

8. Sensational testimony was given in the $70,000 "graft scandal" in connection wit.o the ordinance to give the Pittsbarg Tube delphia last night that the Reis cir Pittsburg, when William A. Martin, a member of the common council was put on trial in criminal court charged with soliciting a bribe for the passage of the ordinance. Among the witnesses were J. H.

Milholland, a civil engineer for the railroad company; C. B. Richardson, a broker, and C. S. Cameron, president of the Pittsburg Tube City Railroad who are also implicated in the "graft scandal." Milholland testified that he had placed a $60,000 certijted check in a safe deposit box.

which was to have, been given to Martin, and was told by President C. S. Cameron, in Martin's presence that the alleged bribe money was' increased from $60,000 to $70,000 in order to get sufficient votes to pass the Tube City ordinance over the mayor's veto. Milholland also testified that $70, 000 in cash was subsequently placed in safety deposit boxes, first at the Colonial Trust Co. and then at the Union Trust Co.

for Martin. Milhol land had the key to one box and the' key to the latter box was deposited in another safety deposit box at the Farmers' Depotis National bank. He also swore that Martin ordered him to deliver the keys of a safe deposit box back to Cameron, remarking as he did so that "he had been trimmed again, for the money wa3 not there." 1 C. R. Richardson, the broker, told of the mysterious disappearance of the $70,000, which he had loaned President Cameron anil of Councilman Martin's refusal to be searched for the money when it disappeared and which was subsequently found by a local detective agency which received $10, 000 for its recovery.

According to Richardson the scheme of fooling Martin was worked in his very presence by means of two envelopes, one containing the money and the other identically similar on the outside which did not contain the money. BANK ELECTIONS. The annual meetings of three of the Pittston banks were held today resulting in the election of directors as follows: First National Bank Theo. Strong, Charles H. Foster, William L.

Wa.tson, S. M. Parke, Joseph L. Cake, John A. Law, James McMillan, Joseph Lang ford, James N.

Anderson, Edward S.Smith. People's Savings Bank Amon Arm strong, Louis Seible, H. T. Bowkley, J. H.

Andrews. J. I. Shoemaker. P.

W. Dershimer, J. H. Glennon, E. W.

Stark, C. H. Cool, A. B. Brown, W.

J. Fowler, J. L. Polen, F. Sacks.

The only new director is M. F. Sacks, who takes the place of J. H. Tyrrell, deceased.

The directors will meet on Jan. 16 to reorganize. Miners' Savings Bank Ail of last year trustees were re elected as fol lows: Alex. Craig, R. M.

Hughes, George Johnson, C. Frank Bohan, Alexander Bryden, A. A. Bryden, Thomas Maloney, M. W.

O'Boyle, Jo seph C. Reap, R. D. Lacoe, Joseph H. Glennon.

Smokers' Supplies. Large line of choice 5C and 10c cigars at Gillespie's. Work has been started on another new building, which will add to the appearance of North Main street, in the vicinity of Mill street. It is being erected by the Conway estate on its lot just north of Mill street and will be a two story structure, containing two storerooms and rooms for dwelling purposes. J.

J. Riley Is the contractor. Can be had at only one store in Pittston. We are the sole agents here N. Maim St BOSTON SHOE SURE NECESSITY HIS PLEA Foraker Hakes Reply to His Speech.

Washington, Jan. 8. President Roosevelt's dismissal of the negro troops was again the subject of con tention in the senate, and indications loint to protracted debate before any of the pending resolutions on the subject are voted on. Senator Lodge developed a new phase of the question by presenting a resolution providing for an investigation of the "affray" at Brownsville and by silence conceding the authority of the president to take the action he did. This resolution was supported by Mr.

Lodge in an address ami by Mr. Foraker, who followed with an argument which was not finished when the senate adjourned. Previous to this debate the senate listened to a two hour address on the Japanese question by Senator Gearin, who argued for a resolution directing the opening of negotiations with Japan for a revision of our treaty with that nation. Senator Lodge's Speech. In his address Senator Lodge said: "Two questions are here involved a question of fact and a question of law.

They are entirely distinct, they ought to be settled separately and neither should be permitted to cloud or obscure the other in the public mind." After noting that the constitution makes the president commander in chief of the army and Senator Lodge entered at length into the question of his power to discharge, saying: "There can be no doubt whatever that the power of summary dismissal was inherent in the office of coin mander in chief when the president was invested by the constitution with that office, and there has never been any attempt on the part of congress to prevent or interfere with the exercise of tills authority. Enlistment a Contract. "Enlistment is a contract and has been so held by the supreme court of the United States, and it is a contract terminable at will by the government. This is nil that is dape when a soldier Is discharged without honor. The commander in chief or his representatives terminate the contract of enlistment.

"Civil society could not go on if the power of dismissal or removal without the necessity of evidence to convict before a jury was not universal. It has been recognized fully in the civil service. "If the commander in chief is unahlt to dismiss from the army the soldiers whom he regards as dangerous' to thf service and to military discipline with or.t furnishing proof which would convince a jury military discipline would be at an end and the army of the Culvert States would become a menace to the people of the country." Foraker Replies to Lodge. Mr. Foraker replied vigorously to Mr.

Lodge's speech, taking issue with the Massachusetts senator on both the points as to law and fact. He declared that there is no autocratic and unrestrained power in this country, "not even In the commander in chief of thf army." Mr, Foraker declared that the powei of the was deduced from what was the power of the comniandei In chief of the British army. It musi be decided from the constitution of th( United States. The power the presi dent derived from congress was his legal power. It Wits not necessary, hi said, to go to British precedents to as certain this power, as the supronit court of the United States had spoken on the subject many times and always had said simply it was the presidents power to "command." The house passed a bill providing for a judicial review of orders excluding persons from the tise of United State mail facilities after a debute extending over the major portion of the day and which was participated in by several representatives.

Central's Men Threaten Strike. New York, 8. The 8(H) freight handlers employed by the New York Central and West Shore roads announced that unless they received the pay recently granted to the freight handlers on the Pennsylvania road they would strike. At present they receive lH(j cents an hour, and they ask for 20. Jap Seal Poachers Disappear.

Victoria, B. Jan. 8. Japanese poachers have found short shrift on the Kuinchatkuii peninsula. The Shim po says investigations show that forty Japanese vessels have disappeared since and that 4(10 men are missing.

Pope Will Not Take French Cash. Paris, Jan. 8. It was announced that the pope will no longer accept Peter's pence from France. All donations from French Catholics will hereafter he devoted to the support of the clergy In this country.

Senator Drydsn In Trenton. Trenton, N. .1.. Jan, United States Senator John F. Dryden came to Trenton In a special car from Washington to attend the opening of the legislature.

Have Ash clean your furnace. found by his comrades alive laJ hearty twenty four hour after they had supposed he had gone to death in the ruins of the paper stock warehouse in Itoosevelt street, which fell on him and two other firemen when they were fighting a fire. Of the others one has been taken out dead, and no hope is entertained that tha third man, Daniel J. Canipliell, lived after the crash came. From the time the floors of the building fell in, burying the firemen in the ruins, a salvage corps was constantly at work day and night trying to find the missing men.

After more than twelve hours' work the rescuers came on the body of Thomas Lenuon. It was hard work digging thromrh the mass of damp paper which filled the first floor of the building, and the men made little headway. Heard Buried Man's Signal. Suddenly John Decker, one of the firemen of the rescue party, heard moans and thought he could distinguish the sound of tapping on one of the beams embedded in the' 'mass of paper. When Decker told the others what he had heard they redoubled their efforts.

They IukI believed that they were goiiig to find two, more dead bodies, hut tii: belief that one at least of their comrade Mas alive spurred! them to efforts to reach him. "Who's there?" called Fireman Decker. "Hello, boys:" came hack a voice, feeble ami lnutiled. hut which Decker, who knew the buried man, could ree ognize as Siefert's. here." When the news workers and back "We're alive down spread among the the street that Siefert's voice had been heard Henry Mills of 200 President street, Brooklyn, a neighbor of Siefert, who was waiting in the crowd expecting to hear that the fireman's body had been dug out, rushed forward to the place whence Siefert's voice issued.

Wife Awaited News of Death. His wife had sent him there to learn the worst and to tell her so that she could break the expected confirmation of Siefert's death to Siefert's young wife, who was lying prostrated in hei home. Mills called through the debris, eager ly and hopefully, but with a fear that there might have been a mistake. "Who's there?" Siefert recognized his voice, and his reply came back cheerily: "Hello, Harry! This is Jack." Mills called through the debris, eager a nearby drug store, got on the tele phone and called up his wife to tell her to give the news instautly to Mrs. Siefert.

As quickly as possible after Siefert's voice was heard an ambulance was called. A rubber tube three feet loiifc and half tin inch in diameter, with a funnel arrangement at one end, such as is used in the hospitals as a stomach pump, was Introduced into the hole In the debris which the workers made and lowered so that Siefert could apply his mouth to it. Asked Rescuers For a Drink. He asked his rescuers for a "ball," and two stiff drinks of Avhisky were poured down the tube to him and afterward two cups of strong, hot coffee. After receiving this stimulant Siefert said he felt better and could wait with patience until his rescuers got him out The Kev.

W. St. Elmo Smith, the fir department chaplain, was called to the building soon after Siefert's voice was heard. Through the tube Father Smith heard the buried fireman recite his act of contrition, according to the rites ot the Catholic church, and gave him absolution. The confession, with tin questions of the priest and the answers? of the desperately situated man, took about ten minutes, during which the rescuers reverently removed their helmets and stood with bowed heads.

In spite of the hopes of the rescuers that they might get the man out alive the situation was so bad that the priest deemed it fitting to hear Siefert's confession in case the walls should fait or the debris slip and Siefert he buried and crushed to death or suffocated. Fuller Denies Retirement Story. Washington, Jan. 8. When questioned concerning the persistent ruinoi that he Intends to retire from the bench to afford the president an opportunity to appoint Secretary Taft as his successor Chief Justice Fuller declined to say more than that if he should contemplate retiring he would himself irake the fact known.

May Be Macklin'a Assailant. Oklahoma City, 8. A telephone message from the sheriff's office nt El Uetio repot ted that negro soldier of Compauy Twenty fifth Infantry is now under arrest at Fort Keno charged with the assault on Captain Edgar A. Macklln on Dec. 21.

Best grade meats at Ilalloek's. IS.