The Philadelphia Times from Philadelphia, Pennsylvania • Page 3

a a a SATURDAY MORNING. THE PHILADELPHIA TIMES. DECEMBER 25. 1897. 3 FRANCIS LINGO FOUND GUILTY TWO OF FIVE INDICTMENTS AGAINST HIM ARE DISPOSED OF.

HE ANTICIPATED THE VERDICT The Notorious Negro, Who Has Figured in Two Murder Trials, Was Convinced Yesterday That a Camden County Jury Would Show Him No Mercy, Yet He Sat Throughout His Trial Impassive and Indifferent. He is Convieted on the Charge of Forging and Uttering a False Order on the Merchantville Post Office and Has Yet to Face the More Serious Charge of Attempted Abduction. It was a motley crowd that gathered at the entrance of the Camden County Court House yesterday morning. It was composed not alone of morbidly curious court hangerson. There were many law-respecting men of prominence, and possibly several scores who would resort to taking the law into their own hands in the event of the miscarriage of justice.

They had been attracted by the announcement that Francis Lingo, the notorious Matchtown negro, was to be placed on trial. the doors, were opened shortly beo'clock, pushing, surging crowd made a rush for the entrance, but Constables were on guard, and they with some de difficulty brought of Everyone wanted commanding position, but those who were not fortunate enough to get in among the first had to take what was left. Lingo, against whom a series of five indictments had been found in connection with a carefully laid plot to abduct a pretty Southern girl who is temporarily stopping in this city, was tried yesterday on one of the indictments. He was charged with forging and uttering an order on the Merchantville Post Office for certain goods and chattels, consisting of letters written by Miss Katharine Vassar Berry to Mrs. Mabel Cooper.

He realized that the whole county was prejudiced against him; so did his counsel, and it is safe to say that nether defendant nor his lawyers were surprised when in answer to the question, "Gentlemen of the jury, how find you the defendant, guilty or not guilty?" the foreman answered, "Guilty on both counts." Lingo Takes it Coolly. Notwithstanding the fact that Lingo realized he could hardly expect a verdict of acquittal he displayed no uneasiness. When he was brought into the court room he calmly surveyed the vast audience and settled down in the prisoners' dock with an air of satisfaction depicted upon his vicious features. Lingo was represented by Ex-Judge Alfred Hugg, who was Law Judge of the county during his previous trial, and F. Morse Archer, a graduate in law at the November term of the Supreme Court of the present year.

Besides Prosecutor Jenkins and A6- sistant Prosecutor Carson the State had the able assistance of Frederick A. Rex, who was retained by the people of Merchantville for the purpose of assisting in a legal way to rid that community of a character whose presence has been the cause of constant fear among the women folks ever since he was given his freedom several years ago. A Jury Empanelled. With Judge Armstrong presiding court convened shortly after 10 o'clock. The first atep was the drawing of a jury from a struck jury of forty -eight names, and after some delay the following Jury was selected: George W.

Ware, Samuel W. Withers, Miles Delaney, Daniel Quicksell, Elmer Howard Murphy, John B. Rockhill, John Robinson, Joseph B. Carter, Michael J. Quinn, William A.

M. Weltman, George W. Pedigree, Millard T. Shinn. T.

S. Holloway, the only colored juror in the panel, was excused by the State. The jury selected, Assistant Prosecutor Carson opened the case by reading the indictment. in which there were two counts, forging an order and altering the said order. Throughout the drawing of the jury and the reading of the indictment Lingo maintained a stoical disposition, his face only being lighted up on one or two occasions by some bit of witticism on the part of the lawyers, and his demeanor throughout the trial did not change much.

When the first witness, Miss Katherine Vassar Berry, was called he during the telling of her story he was nomanifested some I interest in the name and ticed to grin several times. Miss Berry a repeated identically the same story in relation to the correspondence between herself and "Mrs. Mabel Cooper," or Francis Lingo, that she related before United States Commissioner Morgan on Mon- day of last week. Miss Berry's Evidence. She said she advertised in the name of Miss Vassar for a position as governess or companion.

At that her address was 2044 North Twelfth street, Philadelphia, and after having been engaged at week to become the companion of Mrs. Stater Cooper she in one of her letters made her correct name known. On Tuesday previous to Lingo' arrest Miss Berry testified that he visited her home and stated that he was Mrs. Cooper's coachman. He cited for the purpose of telling her to come out to Pensauken on Thursday instead of Wednesday, a6 had been previously arranged by letter.

She Informed Lingo that she would take the 4.30 o'clock train for Pensauken on Thursday, December 13, and he said Mrs. Cooper would have someone at the station to meet her. She failed to go to Pensauken on Thursday, but went out on the following day at the solicitation of Chief of Police Linderman, who so cleverly trapped the negro. In reply to cross-questioning by Ex-Judge Hugg Miss Berry said she had only seen Lingo on two occasions, the day he called at her home and the day of his hearing before United States Commissioner Morgan. She identified him positively as the man who called at her home, and also identified all the letters that passed between them.

Seme Damaging Testimony. Miss Ritter, a clerk in the Merchantville Post Office, gave the most, damaging evidence against Lingo. She said he bad called at the office and asked for letters for Mrs. Mabel Cooper. When she asked him who Mrs.

Cooper was he replied that she was an old colored woman who was stopping at his house. There were two letters for Mrs. Cooper, which she gave to him upon receiving an order and a receipt. The receipt she saw him write in the Post Office. A vigorous protest was entered against the admission of these letters by Judge Hugg, as he claimed they had no connection with the case.

Judge Armstrong refused to' sustain the objection. Postmaster Rudderow also told of Lingo taking letters from the post office on orders signed by "Mrs. Mabel Cooper." Fitteen-year-old Jennie Davis told of having seen Lingo write the order for the letters in her father's store. Waiter Bell, a clerk In the store, testified that he refused to write the order for Lingo, and Andrew Moore testified to having addressed a postal card to Miss Vassar for Lingo. Lingo's junior counsel, Mr.

Arthur, opened for the defense, and asked for 'the defendant's discharge on the ground that the State had not only failed to prove its case, but that the Legislature had never Intended to send a man to State's prison for ten years for forging 211 order for anything of no pecuntary value. His principal objection was that no forgery had been committed, as by the State's own case Francis Lingo and "Mrs. Mabel Cooper" were proven to be one and the same person. Argument of Counsel. Judge Armstrong, in refusing counsel's application for Lingo's discharge, said that Lingo had represented himself to Miss Berry AS Mrs.

Cooper's stableman, and, therefore, he could not be both Mrs. Cooper and her stableman. Mr. Archer held that the State had falled to show any intent on the part of Lingo to defraud Miss Berry, and argued that the most that could be held against his client was that he had endeavored to deceive the Merchantville' Post Office authorities. Assistant Prosecutor Carson, in reply to Mr.

Archer, contended that it was clear the letters were goods and chattels the meaning of the law, and that Lingo did not purport to be Mrs. Cooper. At the opening of the afternoon session Frederick A. Rex answered the points raised by Mr. Archer at length and in a most able manner.

He held that had the correspondence been followed up there is no doubt but what Miss Berry would have been both deceived and defrauded. In arguing for the defense Judge Hugg said he expected to do his whole duty for the prisoner, notwithstanding the sentiment that existed against him. He asserted that the defendant was innocent until covicted and when indicted for forging he could not be adjudged guilty of some other crime. He elaborated upon the points raised by the junior counsel and -made a most eloquent plea for the defendant. He was followed by Assistant Prosecutor Corson, who delivered a most scathing arraignment against the prisoner, referring to him as a "black devil." "base villain" and other titles of like character.

Lingo Found Guilty. Judge Armstrong in charging the jury clearly defined the law touching on forgery. His charge was regarded as unfavorable to the prisoner and when the jurymen retired to form a verdict very few people left the court room, as it was generally expected a decision would be arrived at in short order. The jury was out just about a half hour, when a verdict of guilty on both counts of teh indictment was returned. Judge Armstrong announced that the other indictments against Lingo would be taken up on Monday.

RECEIVER APPOINTED Herring-Hall-Marvin Lock and Safe Company Goes Into Liquidation to Settle Disputes Between Creditors. HAMILTON, Ohio, December 10 o'clock last night William and Moses Mosler, of the Mosler Safe and Lock Company, of this city, filed a suit in the Common Pleas Court for the appointment of a receiver for the Herring-Hall-Marvin Safe and Lock Company as far as their property is located in Ohio. Judge Neilan has appointed S. D. Fitton, president of the First National Bank of Hamilton, as receiver, and he was qualified by giving bond in the sum of $50,000.

The petition recites that the company is incorporated under the laws of New Jersey, has complied with the provisions of the statutes of Ohio relating to foreign corporations, has a plant at Hamilton and also its principal offices. Plaintiffs say they are creditors and stockholders in the corporation, and they sue on two promissory notes of $18,611 and $9,305, dated New York, December 18, 1897, signed by C. S. Lake, assistant treasurer; Stephen A. Jenks, president, and indorsed by the Herring-Hall-Marvin Company.

Plaintiff's say the company also has a factory and place of business in New York; that most of the stock is controlled by a committee of trustees for the purpose of voting the stock and controlling the business, and that the company has pledged and delivered a large part of its personal assets for the purpose of preferring creditors other than Ohio creditors who threaten to have a receiver appointed for the Ohio assets and thereby place them under the control of a foreign jurisdiction, where they will be frittered and wasted away. They say the real estate and assets ought to be appropriated to pay the Ohio indebtedness. about $100,000. They say the total indebtedness is about $300,000. The assets of the company, the receiver states, are a million and a quarter, and there is no danger of insolvency.

IN THE NEW JERSEY COURTS Receivers Appointed There for the Herring-Hall-Marvin Company. NEW YORK, December application a receiver of the Safe Company in the New Jersey courts has resulted in the appointment of W. D. Pownal and Ex-State Treasurer of New Jersey Gray. Mr.

Pownal is vice president of the Herring-Hall-Marvin Company, and has been connected with the Herring Company many years. Messrs. Pownal and Gray were appointed recelvers in this State for the corporation by Justice Smith in the Supreme Court this afternoon. The liabilities of the concern are placed at $350,000. The application for receivers was made by Stephen A.

Jenks, the president of the safe company, in proceedings for a dissolution of the corporation. The Herring Safe Company was incorporated under the laws of the State of New Jersey in 1892, with a capital of $3,300,000. THE PRESIDENT'S STATEMENT The Company's Assets Are Intact-No Preferences to Any Creditor. NEW YORK, December A. Jenks, president of the Herring-Hall-Marvin Company, has given out the following statement concerning the affairs of that corporation: "The appointment of a receiver of the property of the Herring-Hall-Marvin Company was precipitated by the action of Mr.

Moses Mosler, who for the past two years and until two weeks ago has been a director of the company, chairman of its executive committee, and in active charge of the management of its business, and who without giving any notice to the company or its officers levied an attachment on the property. The resignations of Mr. Mosler and his brother, William Mosler, as directors of the company, were received about two weeks ago. "The company's' assets are intact; no preference or security has been given any creditor, and the entire property has passed into the hands of receivers appointed by the United States courts. plan of reorganization has been under consideration for some time, as is well known to those interested in the company, and it has been hoped to consummate the plan without a receivership.

"The plan embraces the furnishing of new capital to an amount sufficient to pay all debts and enable the company to buy on a cash basis; also making such reduction in the capital stock as will bring it into proper relation with the company's present assets. It is well known that the company has sustained severe losses during recent years, and it was those losses that led to placing the management in the hands of the present voting trustees. The company has, however, recently acquired a new modern and complete factory plant, the largest of its kind in existence, and which it holds free of mortgage; and as soon as supplied with necessary working capital the company will be in a position to compete with advantage with any of its rivals. The present receivership will prevent the plan from going forward, but it will be completed and laid before the stockholders at an early day for their approval. "At the last annual report made in August, the company's assets were reported as being liabilities, net assets, $1,213,358.

"The voting trustees intend to fully protect the interests of the stockholders and will not permit any advantage to be taken by any person of the company's present Receiver Appointed at St. Louis. ST. Louis, December its attorneys, Stephen A. Jenks, a stockholder, made application to United States Judge Adams to-day receiver for the HerringHall-Marvin Company, manufacturers of safes.

Judge Adams named Leonard Matthews as receiver. Special Train to Paoli Account of Grand Opera. The Pennsylvania Railroad Company Announces that for the accommodation of persons attending the Grand Opera In the Academy of Music, on Monday, Wednesday and Friday evenings, December 27, 29 and 31, it will run a special train to Paoli and intermediate stations, leaving Broad Street Station fifteen minutes after the fall of the curtain. For solid comfort -For convenience For the luxury of perfect appointments at smallest charge There is no place like OVERBROOK FARMS CITY OFFICE, 14 So. BROAD ST.

SHOPPING TOUR ENDS IN DEATH Mr. and Mrs. McBride Killed on Their Way to Make Christmas Purchases. STRUCK BY A FAST EXPRESS Met Death Near Their Home at Stanton, Delaware -Seven-Year-Old Child Cannot Recover. MRS.

JENNIE M'BRIDE Special Telegram to THE TIMES. WILMINGTON, December 24. While on their way to this city to do some Christmas shopping, George W. McBride, aged 37 years, and his wife, who was three years his junior, were run down by the second section of the Washington and New York exprese at the Stanton crossing of the Philadelphia, Wilmington and Baltimore Railroad Company about 5. o'clock this morning.

Their 7-year-old daughter Carrie, who was riding with them In the carriage, was also injured in the accident, and is lying in a critical condition the Delaware Hospital. The horse was killed outright and the vehicle reduced to fragments. GEORGE WESLEY M'BRIDE The McBride family left their home near Ogletown shortly before daylight, bound for the Wilmington markets. The wagon was loaded down with produce, which they intended exchanging for household supplies and countless other necesearies, such as delight only the home of the rural citizen in the merry Christmastide. The air was bitter cold, to protect themselves from the chilly blasts they had provided themselves with good, warm blankets, which, wrapped about their half-frozen bodies, deadened every sound save the howling of the wind.

Struck by the Express. The public road which leads to this city crosees the railroad tracks at the station, one-quarter of a mile from Stanton. The crossing is at grade and safety gates guard the approaches on either side. The man in tower says he dropped the gates when the signal was given, and how the horse and wagon got upon the railroad is one of the mysteries that haunt the average railroad man's life. All that is known of the casualty is the fact that the wagon was struck by the shrieking express train, and the occupants hurled along the north-bound track.

McBride landed on the platform of the freight depot across the public road, his scalp being fearfully lacerated and his skull fractured in several places. Mrs. McBride CARRIE BRADLEY M'BRIDE was dashed up against the side of the freight warehouse and almost instantly killed. The body of the child was picked up by the train crew and tenderly carried to the railroad station, where everything was done for her comfort. Christmas Brings Death.

A few minutes later the mangled form of her father was carried in on a stretcher. He cast his eyes about the room, and a ray of sunshine brightened up his face as he beheld sight of his daughter, but only for a little while. Failure to observe Mrs. McBride caused a ehadow to darken his face again, and then for the first time he realized she was dead. A slight quivering of the lips convinced those who were near him that he wanted to speak.

They bent down close to his body, and raising his voice loud enough to be heard, he said: "Everything pointed to a merry Christmas for us up to a few hours ago, but death has Interrupted the festival. We will spend Christmas now in another world." Sank Into Unconsciousness. Then the man's head sank back upon the waiting-room seat where he lay. He never regained The bodies of husband and wife and their little daughter were brought to this city on the express which ran them down. The girl's leg was broken and she is injured internally.

The remaine of the McBrides were turned over to an undertaker, who removed them to their Ogletown home this afterpoon. George Wesley McBride was born at Christiana, and twenty years ago was seized with the gold fever and went West. He engaged in gold mining in Colorado and amassed a small fortune. The death of his father brought him East in 1893, when he married the woman who met death with him in the accident to-day. The funeral will take place from the home of the MeBrides on Monday.

WEEKLY REVIEW OF TRADE The Largest Holiday Business at Many Points for Five Years. NEW YORK, December G. Dun weekly review of trade says: The weekly reports show a remarkably holiday trade, at many points the largest for five years. Moreover, at the season when wholesale business usually shrinks, the pressure of demands for immediate deliveries, which results from unprecedented distribution to consumers, keeps many establishments at work that usually begin their yearly. resting spell somewhat earlier.

Instead of decreasing, the demand for products shows an unexpected increase in several important branches. Foreign trade continues satisfactory, even in comparison with the remarkable record of a year ago, when exports exceeded $117,000.000 in December. Bank failures at Philadelphia, due to individual operations, cause 110 disturbance, and commercial failures for the month have been less than half last year's to the same date. The outgoing flood of grain is not checked by Chicago speculation, though more corn than wheat ha's been moving. Wheat exports, flour included, have been 3,698,321 bushels for the week, against 3.568.805 the previous week, and 1,546,443 a year ago, and in four weeks 15,766,895 bushels, against 9.039,587 bushels last year, while corn exports, for the week, 4,540,828 bushels, against, 1,751.740 bushels last year, have been in four weeks 14,420,151, against 8,176,073 last year.

There is a stronger demand for iron and its products, Bessemer rising to $10, and gray forge to $9 at Pittsburg, and the Eastern Bar Association has advanced the price to 1.1 cents for refined and 1.02½ for common. Owing to possible changes in freight rates, Southern pig is offered 25 cents lower. A striking feature is the unusual demand for the season in building cars. The output of Connellsville coke. 155,121 tons, is the largest for any week this year, and contracts to supply a Mahoning furnace at $1.60 for half next year have been made.

Anthracite coal is 10 cents stronger, with colder weather. Tin 16 slightly weaker, owing to large shipments. Bradstreet's Review. NEW YORK. December of to-morrow will say: Quietness in wholesale lines, but pronounced and notable activity in retail trade have been the salient features in this week's trade situation.

Price changes, which are numerous, are largely in an upward direction. In the Northwest, colder weather has improved the demand for seasonable goods, and this combined with the usual holiday business has resulted in a good total trade, with specially good reports from Milwaukee, St. Paul and Omaha. At the East seasonable conditions prevail, wholesale trade being quiet and holiday business active. No improvement is noted la the cotton goods situation and wages reductions seem imminent.

Commercial failures in the United States remain about normal. The total for this week amounts to 280, as compared with 283 in the previous week, but is smaller than the total in 1895, when 316 were reported. There are 30 business failures reported in Canada this week, against 43 last week. CONSPIRACY CHARGED Papers Filed in the Suit of the United States Pipe Line Against the Standard Oil Company. NEW YORK, December were filed to-day in the United Circuit Court in a suit brought by the United States Pipe Line against the Standard Oil Company, New York Transit Company, Pennsylvania Railroad Company, Delaware, Lackawanna and Western Railroad and Erie Railroad Companies, Tide Water Company, National Transit Company, William T.

Wardwell, John D. Rockefeller, William Rockefeller. Henry H. Rogers, Henry M. Flagler, John D.

Archbold, O. B. Jennings and Wesley H. Tilford. Conspiracy is charged and damages amounting to $658,461, with interest, and $10,000 as attorneys' fees are asked for.

The Pipe Line alleges that the conspiracy has been in existence since January, 1882, and prevents any persons or corporations other than the defendants from storing and transporting oil and conducting operations incident to that business. This has been done, It is further alleged. by sults and injunctions, and the publication of defamatory statements regarding the United States Pipe LineCompany, reflecting upon its management and financial responsibility and by the destroying of its pipes and by Inducing emploves of the company to betray their trust. The defendants in their answers make a general denial of the charges and intimate that the pippe line was not organized for the storing and transporting of oil as a common carrier. ELIZABETH SAVED BY FIREMEN'S VIGILANCE High Wind Sent the Sparks of the Neustadter Fire Over Half the Town.

Special Telegram to THE TIMES. ELIZABETH, N. December 24. A fire was discovered at 11 o'clock last night in the basement of the residence of Joseph Neustadter, Eastman avenue. Mrs.

Neustadter and detected smoke. She aroused the family and they were driven in their night clothes to the roof of the porch, where they were rescued by being taken to the ground by two men, one of whom stood on the shoulders of the other. The house with all its contents was destroyed. A high wind sent the sparks over half of the town. The house adjoining, owned by N.

R. Foster, quickly caught fire and was consumed. Most of the furniture was saved. At one time it was thought the town would be destroyed, but excessive vigilance on the part of the firemen and citizens prevented it. loss on the two buildings is $10,000.

They are insured. The cause of the fire was a defective flue. THE DERVISHES DEFEATED Surprised and Routed by the El Fasher Garrison of Abyssinian Levies. SUAKIM, December 24. -The native levies of the Kassala Garrison surprised a Dervish post at El Fasher on the Atbara, on Wednesday, and drove out the Dervishes with great loss, capturing the post, a number of cantels, a quantity of stores and many cattle.

Two Dervish Emirs were killed. The Dervish post at Asabri has also been invested. SEALERS DISAPPOINTED The Canadian Owners Are Not Satisfied With the Commission's Award. VICTORIA, B. December owners of the Canadian sealing fleet express themselves as being much dissatisfied with the award of the arbitrators announced yesterday.

They unite in eaying that the lowest amount they expected was $500,000 with interest. Admiralty Suit Argued. Judge Butler yesterday heard argument in the United States District Court on the libel of Rilatt of Camden, N. against the tugs E. V.

McCaulley and Ivanhoe, of which James McCaulley 1s the managing owner, and under which libel Rilatt Bros. seek to recover damages for the loss in October, 1895, of a floating dry dock. It was stated that Rilatt Bros. bought the dry dock for $12,500 in Hoboken, and the tugs mentioned were employed to bring it to their yard in Camden. During the trip a severe gale was encountered and the dry dock sunk.

Decision was reserved. Judgments Entered. Judgments were yesterday entered in the Common Pleas Court on judgment notes a8 follows: G. W. McDonald against Francis Howard Bryson, $1,000, dated the 23d Instant, payable in one day.

F. T. Clark against Charles 'H. Oulton, $2,000, note dated the 24th instant, at one day, Anna M. Murphy against John Murphy, note for $6,400, dated July 15, 1897, at thirty days.

Two Years for Malpractice. Judge Pennypacker yesterday heard arguments for and against a new trial in the case of Emma Dick, who was convicted on December 8, with a recommendation to merey, of criminal malpractice. The motion for a new trial was refused, and the defendant was fined $20 and sentenced to two years in the Eastern Penitentiary. Young Womanhood. Sweet young girls! How often they develop into worn, listless, and hopeless women because mother has not impressed upon them the importance of attending to physical development.

No woman is exempt from physical weaknessand periodical pain, and young girls just budding to womanhood should be guided physically as well as morally. If you know of any young lady who is sick and needs motherly advice, ask her to address Mrs. Pinkham at Lynn, and tell every detail of her symptoms. surroundings and occupations. She will get advice from a source that has no rival in experience of women's ills.

Tell her to keep nothing back. Her story is told to a woman, not to a man. Do not hesitate about stating details that she may not wish to mention, but which are essential to a full understanding of her case, and if she is frank, help is certain to come! A FARMER FALLS INTO A DEN OF SNAKES Thrliling Experience of John Walls, of Prime Hook Neck. Special Telegram to THE TIMES. HARRINGTON, December 24.

John Walls, a farmer of Prime Hook Neck, was out in the marshes looking for ducks yesterday afternoon, when he saw A large hole in the ground, and, seizing a long pole, he thrust it into the ditch. Instantly the earth beneath the farmer caved in and before he realized what had happened Walls was in a den of wriggling, squirming snakes. There were about 500 of the slimy reptiles altogether, and they began attacking Walls in every direction. Some of them, emitting a frightful, hissing sound, came at him with their mouths wide open and attacked him with their venomous tongues. Others coiled themselyes about his legs until the farmer was a wriggling mass of serpents.

The only weapon he had in his hands was a gun. He was unable to successfully combat the snakes with the weapon and his cries for help brought several other farmers to his assistance. They threw him a rope and Walls clung to it, while the men at the top hauled him from his perilous situation. He was half unconscious when he landed from the reptile den and was weak from the loss of blood. He was taken to his home, where a doctor was summoned, but Walls is etill in a critical condition.

The reptiles were of the blacksnake, moccasin and water variety, and were the largest den of serpents ever found in Sussex, county. An effort will be made to saturate the den of snakes with coal oil and burn them alive. TO RESTRAIN ISSUE OF BONDS Stockholder Wants an Injunction Against the New York Central Railroad. NEW YORK, December motion for an injunction was made to-day to stop the issue of bonds by the New York Central Railroad under its $100,000 mortgage the Central Trust Company, which is connection with the refunding scheme. Theon petitioner is Charles De Neufville, a stockholder of the New York and Northern Railroad.

The litigation of which this application is the outcome has been pending since 1895, when a suit was begun by De Neufville and his associates to recover property which was conveyed under foreclosure to the New York and Putnam Company, and subsequently to the New York Central. The complainants allege that the New York Central has obtained a controlling interest in the New York and Northern stock by irregular means. The United States Circuit Court found in favor of the defendant, but this decision was reversed a short time ago by the United States Circuit Court of Appeals. A trial of the original suit was then ordered and is still pending. On June 1.

1897, the New York Central delivered to the Central Trust Company the $1.000.000, conveying the interest of the New York Central Company in the New York and Putnam Rallroad Company to the mortgagee. It is the issue of these bonds that the motion for the injunction is Intended to stop. The New York and Northern Railroad, the New York Central and Drexel, Morgan Co. are named as the defendants. NEW BONDSMEN FOR HART He is Again Released Pending the Final Disposition of His Case by the Courts.

new bail bond in the sum of $7,000 was yesterday entered in the United States Circult Court of Appeals releasing John D. Hart from the Eastern Penitentiary. Hart was convicted and sentenced to two years for aiding in the Laurada filibustering case. He was surrendered by his bondsmen a few days ago, having been under $7,000 bail, pending a decision by the Appellate Court as to whether he should be granted a new trial. Hart then started in to serve his sentence, but under yesterday's action he is again released on bail to await the final disposition of his case.

present bondsmen are Emanuel Kern, Edwin H. F. Weaver and S. Edgar Trout. Immediately upon the entry of the new bond a clerk of the court visited the penitentiary and delivered the order for Hart's release.

SCHOONER GOES ASHORE The Crew of Seven of the Samuel Hall Were Saved-Boat a Total Loss. CAPE HENRY, December The three-masted schooner Samuel Hall, Captain Mumford, from Wilmington, N. for New York, loaded with lumber, went ashore at Chicamicomico life saving station between 4 and 5 o'clock this morning. The crew of seven was saved. The vessel is in good condition, but probably will be a total loss.

LIT BROTHERS' GENEROSITY All Children in Their Employ Receive Fine Turkey. Yesterday Lit Brothers presented a fine tea-pound turkey to each of their cash girls, wrappers and all boys in their employ, distributing upwards of five. hundred at their store last night. Life Imprisonment for Murder. NEW YORK, December F.

Carter, the marine who in June last, murdered Master-at-Arms Thomas J. Kenney on board the United States battleship Indiana, was to-day sentenced to imprisonment for life and sent to the Clinton County State Prison. Carter is only 22 vears old. THERE IS A CLASS OF PEOPLE Who are injured by the use of coffee. Recently there has been placed in all the grocery stores a new preparation called GRAIN-O.

made of pure grains, that takes the place of coffee. The most delicate stomach receives it without distress, and but few can tell it from coffee. It does not cost over as much. Children may drink it with great benefit. 15 cts.

and 25 cts. per package. Try It. Ask for GRAIN-0. MORE GOLD FOR NEW YORK Half of the Million Withdrawn From the Bank of England Coming Here.

Special Telegram to THE TIMES. NEW YORK, December 24. Of to-day's withdrawal of two hundred thousand pounds sterling from the of England, according to special cable the leant New York Evening Post, about one-half is intended for New York, and the rest for Germany. The shipment to New York excites much interest, especially as the transaction shows an apparent loss. The money market is very tight, and it is understood that the Bank is now practically charging above 3 per cent.

for discounts. A rise in the bank rate soon would not be surprising. The $500,000 gold referred to in the foregoing dispatch will be received by the firm of Heidelbach, Ickelhelmer and on its arrival here will be deposited by them in bank. The Arm said It was simply an exchange transaction which was warranted by to-day's rates for sterling exchange (the actual rate to-day for bankers' demand bills was 4.81¼), but it was not to be inferred that it foreshadowed other importations immediately. Other foreign bankers said that while an Importation of gold had not been generally expected this week, there was a possible profit in an importation at to-day's rates.

The importation, like the one announced from Australia this week on London account, simply meant that some of the surplus sterling exchange was being taken up that way, instead of being carried here as a result of the present increase in the rates for money here. There was every reason, bankers said, to believe that money would be cheaper and abundant after January 1. The general rate for call money was per cent. On Monday about $4,500.000 will be taken out of the market for deposit In the Treasury on account of the purchase of the Union Pacific Railroad, and $4,000,000 will be deposited in the National City Bank to the credit of the government for the same account. That credit, however, will not cause any money to be taken out of the market, but the National City Bank will put up $4,000,000 In United States bonds A6 security therefor.

This course is taken in accordance with an arrangement made by the Union Pacific reorganization committee and the Secretary of the Treasury for the purpose of preventIng any further stringency in the money market by reason of the Union Pacific payment. The payment of $4,000,000 into the Treasury on Monday will be much more than offset by the redemption of government bonds on that day, checks for which will be mailed from Washington to-night. PENNSY'S IMPROVEMENTS Property Valued at Between $500,000 and $600,000 Purchased in Pittsburg. Special Telegram to THE TIMES. PITTSBURG, December 24.

The Pennsylvania Railroad Company today completed a real estate purchase amounting to between $500,000 and $600,000. For some time agents of the company have been quietly purchasing every stick of property extending from the west side of Eighteenth street, along Pike to Twenty-first street, down Twenty-first street to the Allegheny Valley Railroad tracks and along the valley tracks to the place of beginning on Eighteenth street. Three blocks, containing over one hundred buildings, now cover this area. They will be torn down and an immense freight yard constructed, with the necessary buildings, etc. The present freight yard for perishable goods, such as fruits, at Seventh avenue and Grant street, will be abolished.

It le rumored that the company will also do away with the Duquesne freight station at the be about a dozen blocks east of the present foot of Liberty street. The new yards will Union Station. The purchase of the ground is the first step to give Pittsburg the new passenger station promised by the Pennsy officials. JAPANESE RESTAURANTS Cooks and Walters' Union is Fighting the Shops in Denver. DENVER, December Cooks and Walters' Union has declared war upon the cheap Japanese restaurants recently opened in this city, and are using every possible means to drive them out of business.

While the Oriental restaurant on Larimer street was crowded an unknown man threw a quantity of ammonium sulphide underneath the table nearest the kitchen door. Hurrying to the cashier's desk he paid his bill and scattered more of the same chemical In front of the cigar case. Almost immediately the gases from the ammonium filled the place and everyone present was forced to seek the open air to escape the suffocating stench. Later somebody threw a quantity of chloride of lime in at the open doorway. F.

Obi, manager of the restaurant, said he believed the acts were instigated by the union. STARVATION DENIED Returned Passengers From Dawson Say No One Wil. Suffer Severely. TACOMA, December the passengers from Dawson who came down on the Seattle are Colonel Lamphert and M. P.

Gregory, of Chicago; D. P. Quinlan, of Seattle: T. Gardner, of Oconomowoe, and T. B.

Denny, of Roslyn, Wash. Quinn, Gardner and Denny came out from Dawson, having left that place November 4. They walked all the way and carried their food on their backs and sleds. They occupied a little more than forty days on the trip. Mr.

Gardner says nobody Is going to starve it: Dawson this winter. There will be a shortage of some supplies, such as flour and coffee, but there is a great abundance of meat and plenty of other food to last everybody in camp all winter. RECEIVER CLARK ILL Taken Sick in His Private Car and Has Not Been Able to SAN ANTONIO, Texas, December H. H. Clark, one of the receivers of the Union Pacific Railway and also vice president of the Texas Pacific Roads, arrived here yesterday.

International and Great No Northern and the Before he could leave his private car and go to the hotel where apartments had been engaged for him, he was taken ill and has not been able since to leave the car. Mr. Clark has been in poor health for some time and came here in the hope of spending a few days and then going to a ranch south of here, where he was to spend the winter. If his condition does not improve within the next few days he will be taken back to his home in Omaba. Bogus Subscription Agent Sent to Jail.

In the Quarter Sessions Court yesterday, B. F. Henderson, who, on December 14, was convicted of forgery and also of obtalning money by false pretenses, was fined $10 and sentenced to one year. The defendant falsely represented himslf as being authorizd to solicit subscriptions for the Second Regiment Armory fund, and upon these representations obtained a check, which he indorsed and appropriated the money to his own use. Brief Delaware News While shopping in a Philadelphia store yesterday Mrs.

Flinn, the wife of Sheriff William R. Flinn, of New Castle, was robbed. C. M. Childs, a salesman for the Delaware Hardware Company, attempted to board a train at Elkton yesterday, when he narrowly escaped being run down and killed.

The various employes of the Wilmington Station, of the Wilmington and Northern Railroad, were presented with turkeys by Superintendent A. G. McCausland, of the railroad company. Major Richard L. Hoxie, of the United States Engineer Corps, was in Wilmington yesterday to make arrangements for the construction of tl steamer for use along the coast of Maine as an inspection boat.

A monster Christmas tree was placed in the Municipal Court room by Sunshine Circle, of King's Daughters, of Wilmington, yesterday. It is for the poor children of the elty and is loaded down with candy, toys and oranges. The distribution of the sweetmeats will be made at 10 o'clock this morning, and will be attended by exercises and speechmaking. The Democratic members of Wilmington's City Council will hold a caneus Wednesday night for vaccine physicians. The aspirants are: Northeast district, D.

Cook, the present incumbent: Northwestern, Dr. Joseph R. Smith, the present' Incumbent: Southeastern, Dre. H. R.

Spruance, George W. Quinn and Emil Hertel: Southwestern, Drs. George A. Steinicken, E. C.

Joyce and Frank P. Harris. Amusements ACADEMY OF MUSIC PHILADELPHIA SEASON OF GRAND OPERA Under Direction of WALTER DAMROSCH and C. A. ELLIS.

Evening Performances at 8 o'clock. Matinees at 2. FOURTH WEEK. Sale now open. Monday Ev'g, Dec.

27, Mme. Melba as Rosina Rossini's masterpiece, (her first appearance in this role), Mme. Van MM. Salignac, BARBER OF SEVILLE Campanari. Carbone, Boudouresque, Viviani.

(in Italian.) Conductor, Bimboni. In the "Lesson Scene" Mme. Melba will sing "Sevillana," arranged expressly for her by Massenet, and at the close of the performance the famous Arditi waltz, "'Se saran rose." Wednesday Evening, Dec. Dec. 29.

"'Die Meistersinger." Friday Evening. 31, "Flying Saturday Matinee. Jan. 1, SCALE OF PRICES. $1, $2.50.

$3.50 General Adm. Adm. to Amphitheatre, 50c. One box on sale. Tickets on sale at FISCHER'S, 1221 CHESTNUT Street.

STEINWAY PIANOS USED. CHESTNUT Next STREET Week. OPERA Matinees HOUSE. Saturdays only. FRANK DANIELS In Smith and Herbert's New Comic Opera, THE IDOL'S EYE BROAD, MATINEE STREET TO TO-DAY.

THEATRE. MR. E. S. WILLARD TOM PINCH Next Week of Mr.

WILLARD. Monday, Tuesday and Friday Nights, Wednesday and Saturday Matinees, DAVID GARRICK. Wed. THE ROGUE'S COMEDY. Thursday Evening-TOM PINCH.

Saturday Evening--THE MIDDLEMAN. CHESTNUT STREET To-day. THEATRE. the times. WARD and VOKES In the Elaborate Musical Farce Comedy, THE GOVERNORS.

Next, JACK AND THE and Erlanger's BEANSTALK. Success, ICE SKATING PALACE 52D AND JEFFERSON STS. MUSIC BY GERMANIA CONCERT BAND. CHAMPIONSHIP HOCKEY CONTEST Monday Evening, December 27, U. of Md.

vs. Philadelphia D. C. (U. of Md.

holds the Md. State Hockey Championship.) Admission 25c. A SSOCIATION Association Course. Christmas Night DEC. En- 25.

tertainment Brimful of Fun and Music. The Jolly RUTGERS COLLEGE GLEE CLUB. Humorous College Songs and Glees, with PROF. LIVINGSTON BARBOUR, Of Rutgers College, in Bright and Amusing Recitals. Reserved Seats 75c.

and 50c. at Y. M. C. A.

Admission, 50c. and 25c. NOVEL ENTERTAINMENTS FOR CHIL THE MARVELOUS BIRD CIRCUS, Consisting of MACAWS, COCKATOOS, DOVES. PARROTS. JAVA SPARROWS.

PARQUETS and CANARIES. Every bird an actor. We also furnish other attractions in every branch. Address J. CHURCHILL, 1111 CHESTNUT St.

THE BIJOU CONTINUOUS PERFORMANCE From 12 M. te 10.20 P. M. REFINED HIGH CLASS VAUDEVILLE. Favorite Theatre for Ladies and Children.

Reserved Orchestra, 50c. Orchestra, 25c. cony, 25c. Gallery, 15c. GRAND HOUSE OPERA TO-DAY TO-NIGHT AT 2.

AT 8 First Productions by the Castle Sq. Opera Co. of SINBAD Ev'gs 8, Sat. Mat. 2, 25 50c.

2, 25c. NATIONAL Orchestra SPECIAL. 50c. X-Mas Matinee Orchestra Seats Only X-Mas Matinee Orchestra Seats Only 50c. Shea's Spectacular Naval Drama, MAN-O'WAR'S-MAN.

Next Week-Hogan's Alley. INTH MME. AND PIANKA'S ARCH DIME LION MUSEUM. TROUPE. Big Continuous Vaudeville in Theatre.

Doors Open 9.30 A. M. Costly Gifts for Children. X-MAS TEN CENTS ADMITS TO ALL. CHILDREN'S MAT.

TO-DAY. CHAUNCEY OLCOTT IN SWEET INNISCARRA. New Year's Week -Last Times of Chauncey Olcott ILMORE'S AUDITORIUM. PHONE 190, Holiday Mat. To-day at 2.

To-night at 8. THE VESTA TILLEY CO. VESTA TILLEY, Lew Dockstader, Four Cohans. Next Week-Blaney's "A Hired Girl." THEATRE. to TELEPHONE 194.

Holiday Matinee 2.15. To-night at 8.15. AUGUSTIN DALY'S COMPANY in THE GEISHA. Next Week-James A. Herne in "Shore Acres." OF THE FINE ARTS.

A CADEMY CHRISTMAS CONCERT PHILHARMONIC ORCHESTRA, 4.30 P. M. 25 CENTS. STREET OPERA HOUSE. ELEVENTH DUMONT'S MINSTRELS.

KRISS KRINGLE'S VISIT and THE BROWNIES' CIRCUS. Mats. Christmas and Dec. 27, 25c. GARDEN.

ZOOLOGICAL OPEN EVERY DAY. Admission, 25 cents. Children. 10 cents. Saturdays and legal holidays, excepting Fourth July, Adults, children, FOREPAUGH'S- MATINEE TO AT 2.15 THE STOCK CO.

IN UNKNOWN New Year's Week-Stock Co. in The Fatal Card. -MATINEE DAILY. TROCADERO MOULIN ROUGE EXTRAVAGANZA Week-MIACO'S CITY CLUB. REAT EUROPEAN MUSEUM.

708 CHESTnut Street. 2,000 extraordinary wonders of nature. Open front 8 A. M. until 10 P.

M. For gentlemen only. Admission, 10c. AVE. THEATRE.

BEL. 7TH ST. A at 8.15. Matinees Wed. and Sat.

Amy Lee in "ALL THE COMFORTS OF HOME." Next Week-Kate Claxton's "Two Orphans. YCEUM, VINE BEL. 8TH-MAT. DAILY. The Famous Rentz-Santley Burlesque Co SCENIC PRODUCTION.

STANDARD 12th. LIGHTS O' LONDON Matinee To-day. Stock Company. THURS. AND SAT PEOPLE'S CHERRY PICKERS, SEATS.

ALL THEATRES -HOTEL Walton and Betz Building. A. T. James. Costumers COSTUMES AND COSTUMES STYLISH FULL DRESS Suits hire.

Waas Son, Race St. FULL LINE THEATRICAL GOODS FOR SALE. THE LARGEST STOCK OF COSTUMES IN United States for theatricals and parties at lowest prices. C. SAAKE.

467 N. EIGHTH St. STYLE FULL DRESS SUITS TO LATEST Neubauer, the Tailor, Ninth and Cherry. Opticians M. ZINEMAN BRO.

OPTICIANS 130 South Ninth Street EYES EXAMINED FREE. Solid Gold Spectacles. usual price $5.00 Steel usual price 1.00 Artificial Eyes 4.00; usual price 10.00 Prescriptions Filled at the Very Lowest Prices. MORE WAGES REDUCED Fifteen Thousand Operatives in Lowell, Affected by the Order. LOWELL, December treasurers of Lowell cotton mills at a meeting held here to-day voted to reduce the wages of their employes from January 17.

The causes of the reduction are the same as those which led the manufacturers in Fall River, Manchester, Suncook, N. and other places to lower the wage scale. About 15,000 operatives in this city will be affected. Bartalette Sentenced to Eight Years. In the Court of Oyer and Terminer yes- terday, Judge Pennypacker imposed a sentence of eight years in the Eastern Penitentiary in the case of Nicola Bartalette, who pleaded guilty on Thursday to murder of the second degree in the killing of Antonio Di Odata.

On July 4 last the two men engaged In a fight near Seventh and Carpenter street, which ended in DI Odata being stabbed several times with a stiletto in the hands of Bartalette. ELIXIR OF McMUNN'S OPIUM The pure essential extract from the native drug, Contains all the valuable medicinal properties of Opium without its noxious elements. No sickness of stomach; no vomiting; no costiveness; no headache; all druggists..