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

3, on on to a in and be J. police is the The of C. ant tar. Trade 1904. Mark By the "Eagle" Cor- late MAR 29 1904 BROOKLYN DAILY EAGLE.

MAR 29 1904 6 CLASS THE FOUR O'CLOCK. as Entered Second U. S. SENATOR BURTON FOUND GUILTY BY JURY. Kansas Solon Had Used Position to Protect Proscribed Concern.

GRAIN COMPANY WAS TABOOED. Men Trying Case Were Out 41 Hours, and There Were Many Knotty Points to Unravel. St. Louis, March 28-Joseph Ralph Burton, senior United States Senator from Kansas, was convicted by a jury in the United States District Court of having accepted compersation to protect the interests of the Rialto Grain and Securities Company of St. Louis before the Office Department.

The jury deliberated hours. Post, A motion for a new trial was made by counsel 1 for the senator. Judge Adams thereupon ordered that Senator Burton appear in the court either in person or by U. S. Senator J.

R. Burton, Convicted by a Jury. proxy from day to day until the court has heard the arguments for a new trial. time there threatened to be a disagreement in the The jury was brought before Judge Adams, who asked them the cause for the long delay. He was told that eleven jurors had agreed, but the twelfth stood alone.

The court admonished juror that the expense of a new the lone trial should not be incurred because of him failing to agree with the majority of the jurors. A precedent was quoted showing that the majority of the jurors should decide the case before them and a verdict be rendered accordingly. The jury was then told to go back and poll ite vote once more. Soon after the jury reported, bringing in a verdiet, but Judge Adams found that the third count in the indictment had not been considered, and aguin he sent the jury back to consider the case without having announced the verdict returned. The third time the jury entered the court 200m the result of its deliberations was announced, and Senator Burton stood convicted of the charges brought, against him in the indictment.

At the time that word was received by the court that the jury had agreed and was ready with the verdict, Senator Burton had gone to his hotel. A marshal was sent to notify him to appear in court. The Senator came into the court room half an hour after he had been sent for and the long delay caused a rumor to spread that he had collapsed. He took his seat by the side of his attorney and looked the jurors in the face as they entered. When Judge Adams had looked at the verdiet.

and found that the jury had made no disposition of count three, the foreman said the jury had agreed as to that, and the judge instructed the jurors to retire and include their findings as to count three in the written verdict. During the fifteen minutes the jury was out not a word was spoken in the court room. A funeral service could not have been more, solemn. Senator Burton sat immovable, looking neither to the right nor the left. When the jury returned to the court room their verdict was: "We, the jury, find the defendant guilty on counts one, two, sixth, eight and nine in the indictment, and not guilty on count three." Senator Burton was indicted in January last.

Although as a member of Congress he could not be arrested until after that body adjourned, he voluntarily surrendered himself to the prosecuting authorities. He still had two years to serve in the Senate. RHODE ISLAND DECREE INVALID. Anchorstar, Though Divorced, Must Pay His Wife Alimony -He Has Married Again. Gustav Anchorstar is in the peculiar position' at present of being ordered to pay his wife, Anna Anchorstar, $4 a week alimony, in spite of the fact that he has a decree of divorce, granted by a Rhode Island court, against her since December 2, 1901, and in January, 1902, Was married again.

Mrs. Anchorstar sued Gustav for a separation, recently and the case was tried last week, before Justice Dickey in the equity term of the Supreme Court. The couple were married in Brooklyn in 1893. In the findings of fact which were filed this morning in the county clerk's office, signed by Justice Dickey, the latter holds that the Rhode Island decree is not valid. Justice Dickey finds that it was shown on the trial that the defendant left his home in 1898, and had not since lived with her since that time, the abandonment being without provocation.

Justice Dickey finds that althe defendant began an action in the Appellate Division of the Supreme Court, at Providence, R. against the plaintiff and was given a decree of absolute divorce, that decree is not valid as the defendant was not a domiciled resident of Rhode Island at the time, but of this state. The petition in the Rhode Island action was not served upon the plaintiff and was null and void. Anchorstar married Anna Snyder in 1902, and is now living with her. MAY BE DOUBLE SUICIDE.

The police of the Leonard street station, Manhattan, reported to the coroner's office this afternoon the deaths of A. V. Cisco, 60 years and that of his wife, Annie, 45 years old, at 27 Duane street, early this afternoon, from inhaling illuminating gas. They are supposed to have committed suicide. BIDS FOR NEW HIGH SCHOOL.

Bids were opened to-day by the Superintendent of Buildings of the Board of Education for the erection of the new commercial High School on Albany avenue, between Bergen and Dean streets, Brooklyn, which, according to the contract, is to be completed May 1, 1905. The lowest bid was from the Remington Construction Company, other biders being Richard E. Hennington, $487.479. and P. J.

Walsh, $486.000. at the Post Office at Brooklyn, N. November 12,1 1679. Class of Mail Matter, under the Act of March 1573 WHITE HOUSE CLERK IN TRAGEDY Charles Forster Killed His Wife and Then Himself. Washington, March 28-Charles G.

Forster, a clerk employed in the White House offices, shot and killed his wife and himself at their home in Kensington, Forster was a brother of Rudolph Forster, one of the assistant secretaries to President Roosevelt. Formerly a sailor, Forster had been employed in the White House offices as a clerk for about four years. For a considerable! time he had shown evidences of despondency, due to the illness of his wife aud to financial troubles. He frequently had talked of suicide, and on Friday had said to one of his fellow clerks that if were not for his wife he would end all his troubles by throwing himself into the Potomac River. AFTER A BROOKLYN MAN.

After a consultation this morning between Coroner Goldenkranz and Detective Byrnes of the Mercer street station, Manhattan, the detective, accompanied by May Hensel of secs Brooklyn Hancock to arrest street, a man, Brooklyn, who is came said to to have been Miss Charlotte Tucker's sweetheart. Miss Tucker died in the Flower or Hospital several days ago from the results of operation. MRS. T. L.

WOODRUFF IS DYING. Wife of Ex-Lieutenant Governor Woodruff Not Expected to Live Out the Day. It was learned this afternoon that the condition of Mrs. Timothy Woodruff, wife of ex-Lieutenant Governor Woodruff, who has been ill for some weeks in the Woodruffs' apartments, in the Carlyle Chambers, Fifth avenue and Thirty-eighth street, Manhattan, is so critical that all hope for her recovery has been abandoned. She may not live through the day.

Mrs. Woodruff was taken ill on the night of March 13, her husband not finding it practicable to remove her to their Brooklyn home, as he desired. On March 23 Mrs. Woodruff became unconscious, and has been in that condition nearly all of the time since. Yesterday at 4 P.

M. Mrs. Woodruff suffered a marked collapse, and only the administration of oxygen, strychnine and saline solutions enabled her to live through the night. Dr. Jennings and four or five other physicians had been in constant attendance.

This morning Mrs. Woodruff seemed slightly stronger, but her strength was entirely due to the use of stimulants. Her husband, their son, John Eastman Woodruff; Mr. Woodruff's sister, Mrs. Rodney A.

Ward, and a sister of Mrs. Woodruff, with other relatives, are present at the bedside. YOUNG MAN'S SUDDEN DEATH. Heart Failure Believed to Have Been Cause of Barber Tony Mosso's Demise. Tony Mosso, 27 years old, a barber, living in the rear of his shop 1,909 Broadway, was found dying this morning by mother.

He had spent the evening with brother, his Barney, of 2,582 Fulton street, at a meeting on Central avenue, and came home shortly after midnight, apparently well. It is evident, however, that he had reason to believe that his end was near, for, instead of occupying his own room, he slept in the room with his aged mother. About 2 o'clock this morning Mrs. Mosso was aroused by her son's groans. An examination revealed the fact that Tony was breathing heavily and was ill.

An ambulance was called from Bushwick Central Hospital and Dr. Brown responded and pronounced Mosso dead. The body was carefully examined, but no marks of violence could be found nor any traces of poisoning. Mrs. Mosso lost a daughter 22 years old about a year ago from heart failure and the police believe that Tony died from the same cause.

The coroner was notified and an autopsy will be performed this afternoon. HELD COURT ON THE STREET. Ever Ready to Oblige a Woman, Magistrate Dooley Wouldn't Allow Invalid to Climb Stairs. Magistrate Dooley, who has been dispensing justice in the Gates avenue court for a week past, and in a manner that has met with the approval of all for few concerned, minutes to-day, court, as it were, a on the sidewalk. It was to oblige an invalid that the magistrate left the bench, put on his hat, and went to the street.

Frank Burdick, a driver, living at 906A Gates avenue, had been accused by his employer, Emma Walson, of 355 Kosciusko street, with failing to turn over $8, which she said, he had collected for a C. 0. D. sale was held on his plea of innocence in $500 bail for examination. Counsel for the accused said he could furnish the required bail, but that his surety would be offered by a woman who was unable to get up the stairs to the court room without much trouble.

Magistrate Dooley obligingly remarked that he would not require the woman to leave her vehicle. Then it was he went to the street, and swore Stella Houghton, of the Gates avenue address, while she was seated in a roll chair. A PLACE FOR BAAS. Coney Island Man Takes Job From Which George H. Nason Is Removed.

The commissioners of accounts to day removed from office George H. Nason, the former coroner, who has held the position of examining inspector for about a year and a half. The removal takes effect to-day, and in his place the commissioners of accounts appointed Barend W. Baas. The position of examining inspector pays $1,800 a year and is exempt from the civil service regulations, so that the commissioners had power to remove Nason.

He was appointed by them on August 17, 1902, and did not get the job through competitive examination. It has been known that the commissioners of accounts intended to remove him to make way for Barend W. Bass, who was removed from the sheriff's office. Nason was a Republican and he had been concerned in the difficulties of the coroner's office about ten years ago. The commissioners, removing him, made no comment whatever upon their action.

Nason lived at 57 Greenpoint avenue, Brooklyn. BROKE HIS NECK ON STAIRS. Leopoid Cohen, 64 years old, a pedler, fell down a flight of stairs at 753 East One Hundred and Thirty-eighth street, Manhattan, this morning and broke his neck, dying instantly. NEW YORK. MONDAY.

CZAR CLOSES NEWCHWANG TO TRADE OF THE WORLD. Chinese City Put Under Martial Law and Consuls' Rights Annulled. CHALLENGE TO THE POWERS. Tokio Says Hulks Were Sunk at Mouth of Port Arthur--St. Petersburg Denies Blockade.

Newehwang, March 28-The civil administration has notified all the foreign consuls and residents of Viceroy Alexieff's order lores placing the city and port of Newchwang under martial law, explaining that it has been so ordered for the purpose of guarding the commercial interests of the port. Pending th publication of the full text of Viceroy Alexieff's order the following regulations are ordered to be immediately operative: "First--The entire territory of the city and port, also all persons, without distinction of jurisdiction and nationality, resident in said territory, are subjected to special regulations regarding a state of war. "Second -All travelers arriving by sea and all cargoes entering port are to be inspected both by naval officers and customs officials, "Third--The importation of arms and ammunition is forbidden. "Fourth--The exportation of contraband of war is forbidden. "Fifth--Persons desiring to export contraband goods are required to deposit a sum equivalent to the value of the cargo.

This deposit is to serve as a guarantee that the cargo is not to be forwarded from neutral ports, either to Japan or Korea. "Sixth--The functions of the lightship and harbor guides in the River Liao are suspended. "Seventh-Contraband of war is to consist of such articles as are mentioned in the decree issued by the Emperor, February 28, defining contraband of war." A of contraband goods then follows. This list includes beans and bean cakes and other foodstuffs. The interference with this traffic here, together with the operation of Article 5 referred to above, will stop Newchwang's trade.

Five ships which arrived outside to-day and numerous others due, will be unable to ship cargoes. The opinion of leading foreign residents and officials is that, although the rights of neutrals remain unaltered by treaty, Russia assumes the power to annul these rights; also consular jurisdiction and exterritoriality, making the position of foreign consuls untenable. In some quarters the order is regarded as an apparent challenge to neutral powers, especially to China, on account of the appropriation of her territory, and that it makes the United States gunboat Helena and the British cruiser Espiegle liable to an order to leave port. The consuls will await instructions from their respective governments, inasmuch a6 there is no law to the consul's actions. The property and trade interests of the foreign residents are being prepared a for he abandonment.

the administration this morning. The The forcien, consuls had a conference with latter informed them that the full intentions of Russia's order of yesterday was to proclaim martial law, and also to annul consular jurisdiction and that the same already was annulled. The British consul interpreted the order as not declaring martial law. The other consuls were unable yesterday to comprehend Russia's intention. The administrator agreed with the consuls to suspend rigid enforcement of the order until the foreign governments act, in order to lessen complications.

The Americans here call attention to the apparent defeat of American aims regarding placing consuls in Manchuria by the tion of Russia's order. American and British flags were to-day removed by the Russian military from the property of citizens of American or British nationality. London, March 28-The under foreign secretary, Earl Percy, announced in the House of Commons to-day that, despite the British consul's request that the gunboat Espiegle remain in Newchang, it had been decided, after consultation with the commander in chief of the China station, that it would Le inadvisable to keep the vessel there. Tientsin, March 28-Lloyds agent in Newchwang telegraphs as follows: "The port is now open. Five junks have already arrived, seven steamers are due tomorrow and several others are expected shortly.

"The Russians have not blocked the river uP. to the present. "There are no movements of troops and the town is in perfect order. "The Espiegle and the Helena will undock TOKIO SAYS THAT HULKS NOW BLOCK PORT ARTHUR. Inference Is Given That Channel Is Closed -Mikado Gives $50,000 for Soldiers' Relief.

Tokio, Monday, March 28-A telegram received from Newchwang this afternoon says that at 3 o'clock yesterday morning the Japanese suc3 4c4 sinking four steamers at the mouth of Port Arthur harbor. A flotilla of destroyers convoyed the merchantmen. which were subsequently sunk, rescued the volunteer crews. Later the Japancse battleships bombarded the town and its defenses. The Emperor to-day donated 100,000 yen ($50,000) to the Soldiers Relief Society.

Counts Katsugata and Inouye, promoters of the society, who had an audience with the Emperor, received the donation. General Sir William Nicholson, director general of military intelligence of the British war office, has arrived here. General Nicholson will accompany the Japanese army for the purpose of making a special study of the methods of transportation. Captain Trowbridge, the British naval attache, has departed for London. Nagasaki, March 28-The steamship Brisgavia was arrested in Moji on Friday last by the authorities, her manifest showing that among her cargo were seven field guns and 200 tons of shipbuilding material.

When It was explained satisfactorily that this was consigned to Kien-Chou, China, the vessel was released. She left yesterday for Shanghai. RUSSIANS CELEBRATE BECAUSE THEY SAY JAPS FAILED. It Is Declared That Channel to Port Arthur is Not Blocked. St.

Petersburg, March 28-Large crowds gathered before the bulletin boards this morning to read the official accounts of the second unsuccessful attempt of the Japanese to Do bottle up the Russian fleet in Port Arthur, Lieutenant Krinizki's heroic attack on the enemy's fire ships and torpedo boats and the action of the three Russian officers in boarding the burning steamers, extinguishing the flames and cutting the MARCH 28. LOCAL WEATHER PROBABILITIES. Generally fair to.night and Tuesday: fresh northerly winds, shifting to southwest. wires connecting with the infernal machines evoked enthusiasm, while the almost universal exclamation applied to Vice Admiral Makaroff, as people turned away, was which might literally be translated: "He's a dandy!" The action of the Japanese in making use of infernal machines has aroused indignation. No further details have been received except that the injury to the torpedo boat destroyer Silni from grounding is slight and that it can easily be repaired.

Admiral Makaroff, on his reconnaissance of the Elliot Islands, captured a Japanese vessel towing a Chinese junk, but the vessel was a small steamer, not a gunboat. The crews were taken off, after which both vessels were sunk. All the papers are discussing the possibility of better relations between Russia and Great Britain, through the intermediary of France. The No ti continues insist that the absence interests 10 bound to bring G1 Russia gether, as their alliance. pe of mous advantage to the Vremya declines to bury the harping on perfidious Albion and say that Great Britain "has been trying to fasten her interested friendship upon the European nations in turn, but that all saw through the game." The Bourse Gazette says sarcastically that while Russia is strong Great Britain will not move, her attitude toward Russia becoming friendly in proportion as she receives news of the strengthening Baltic ports and the reinforcement the Rusof sian army near the Indian frontier.

General Kuropatkin has left his train in Mukden and is proceeding to Liao Yang. whence it is now believed he will proceed to the front for an inspection of the troops, his visit to Port Arthur being temporarily postponed. Reports from the general staff say the Japanese skirmishers are more enterprising and that more outpost affairs may henceforth be expected. The Emperor has telegraphed to Vice Admiral Makaroff an order decorating the officers and men of the torpedo boat destroyer Silni with the St. George's Cross for their valor in the repulse of the Japanese attempt to block Port Arthur yesterday.

The government is ordering the construction of an immense dock for Port Arthur, to be completed in four months. Lieutenant General Stoessel, in command at Port Arthur, has issued an order forbidding civilian functionaries to desert their offices and seek places of safety during bombardments. General Stoessel sarcastically observes that he has not seen them at the batteries when the enemy was attacking. In order that the Russian troops shall not present a bright target for the enemy an order has been issued directing that gray instead of white shall be the order of the uniform during the summer. Captain Willian V.

Judson of the Engineer Corps, U. S. who is to accompany the Russian Army through hostilities, and Lieutenant Newton A. McCully, the United States naval attache to the Russian Navy, will probably leave for the front on April 1. Captain Judson and Lieutenant McCully have been well received by the authorities and are receiving every courtesy and attention from the military and naval staffs.

Irkutsk, Siberia, March 28-Smallpox has become epidemic in the interior of this province. The authorities have taken measures to stamp out the disease, which has not as yet. affected the troops. Pario, March 28-The Matin's Harbin correspondent says a rumor is being circulated there to the effect that the war will last two years, and that it will not really begin before September, the rains making July and August unfavorable for military operations. "Despite China's protestations of neutrality," the correspondent continues, "General Ma persists in advancing into Manchuria.

It this movement is combined with the Japanese operations the Russians will be obliged to act against General Ma, who continues to move northward, although the Peking government has ordered h'm to retire." PUT A BULLET INTO HIS BRAIN. Aged Eric 0. Johannssen, His Housekeeper Says, Was Driven to Suicide by Poverty. Eric O. Johannssen, 70 years old, a retired builder, of 2.203 Beverley Road, fatally shot himself in the right temple with a .38 caliber revolver, this morning, at his home.

Johannssen, who was a Norwegian by birth, lived in the house where he committed suicide with Clara Amalia, 40 years old, a native of Sweden, who, since the death of Jchannssen's wife, four years ago, kept house for him. Before that the woman acted as nurse in the family of Mrs. Johanngsen, who was a paralytic. According to the story Mrs. Amalia told to the police, Johanssen was the father of two of her four children, one of the children being an infant five weeks old, and the other being born two and a half years ago.

She said she had not seen her husband for years. Johannssen, according to the housekeeper, had no relatives and no children, excepting the two she bore him. The woman declared that she was endeavoring to secure a divorce in order to marry Johannssen. At the time Johannssen shot himself, there was no one in the house but the housekeeper and her infant. When she discovered the suicide the housekeeper sent for Dr.

Applegate, the family physician, of 931 Flatbush avenue, who pronounced Johannssen dead. Johannssen, according to the woman, was in very straitened circumstances. He formerly built and owned three houses in the row in which he resided. One of the houses was sold a few years ago, and since that time Johannssen, after living on the proceeds of the sale, was compelled to heavily mortgage the remaining two houses. Saturday, according to the housekeeper, he Went down to Montague street to obtain a fresh mortgage, but returned, saying he had been too late and that would go down this morning.

After here breakfast this merning he went upstairs to room, presumably to get ready to go out. Soon a pistol shot was heard and he was found seated in a chair, dead, with the pistol in his, hand. To the the housekeeper said there was no money in the house at the time Johannssen shot himself. He was entirely out of funds, she said. FABER INJUNCTION SUIT.

Judge Thomas in the United States Circuit Court this morning listened to argument by oposing counspel in the application of Ottilie von Faber-Castell and Alexander von FaberCastell. constituting the partnership of A. W. Faber Company, dealers in pencils and stationers supplies, with a factory at Greenpoint, for preliminary injunction against the E. Faber Pencil Company.

In the bill of complaint it alleged that the defendants infringed the complainants' trade mark. The complainants were represented by Fred H. Hinrichs. defendants' interests were looked after by Benjamin F. Tracy.

A decision will rendered to-morrow. MR. MC LAUGHLIN COMING HOME. Information reached Brooklyn to-day that ex-Register Hugh McLaughlin, Mrs. MeLaughlin their party, who have been wintering Florida, are likely to reach Brooklyn Friday night.

MILES LOSES CHAMPIONSHIP. London March 28-After several tenure the amateur indoor tennis years championship. H. Miles to-day lost the title, being beaten by V. Pennell by 3-2.

SECRETARY OFPANAMA LEGATION Washington, March 28-The President today Senate the nomination of sent Joseph W. Lee of Panama. Maryland to be secrelegation in tary of 65. NO. PAGES.

FATHER SICK IN CHICAGO; DAUGHTER NOT DISTURBED "I Don't Care Where He Is," Says Mrs. William F. Spencer of 1 Ocean Parkway. MOTHER PO 'N A HOSPITAL. Walter Do' Te Reported to Be Utte don care condition, and Informed eL 003 V.

Spencer, ban. at 179 eon parkway, upon being that het father was in Chicago, sick an penniless and without definite information as to his wife, who died under the knife at John's Hospital in Brooklyn on March 16. She was curious to know, however, who it was that sent a message to Chicago over long distance telephone that resulted in the receipt by the Eagle this morning of the following communication: To the Editor of the Brooklyn Eagle: I am a Chicago reader of your paper and come to you for information which I cannot find in the columns of your paper. I understand that a Mrs. Walter Downes or Downs of Brooklyn died on Tuesday, March 22, of pneumonia.

She is a daughter-in-law of a Mr. Downs, who is an artist in your city. Her husband is in this city and in hard luck and sick, and he received a long distance 'phone from his father that his wife died on Tuesday, March 22. This message was sent to him and we don't know whether it was received correctly or not Now, I was requested by the Post Office News Company of this city to write you and you could undoubtedly give me the necessary information as to the correctness of the report of Mrs. Downs' death.

By doing so you will confer a well deserved charitable act in behalf of her sick and unfortunate husband. I am doing this to help the poor fellow, and, it necessary, to furnish him with transportation to let him go home to Brooklyn, although too late to attend the funeral. Kindly let me know as soon as possible and greatly oblige one of your readers. PAUL A. DEISS.

Room 926, 204 Dearborn street, Chicago, Ill. Upon being shown letter Dr. Burns of the Board of Healthy consulted his records and stated that no such death as the one indicated in the letter was recorded in his office. He said that on March 16 a Mrs. Lina A.

Downs, 55 years old, had died in the St. John's Hospital of intestinal obstruction after having been under treatment for one day. Her father's name was recorded as Abraham Dupui and her address was given as 235 Ocean Parkway, she having been brought to the hospital from that place. No one of the Downs family was in when an Eagle reporter called there this morning. A woman who resides on a lower floor stated that Mrs.

Downs had rented an apartment in the house for some years preceding her death and that her daughter, a widow, still lived there. Mrs. Spencer, the eldest daughter of the deceased woman, whose home is located a few houses distant. when informed that the Eagle had received a letter relative to a Mr. Downs in Chicago admitted that he is her father.

She read it. with considerable interest and requested permission to show it to her sister, who was lying ill in an upper room. When she returned she stated that her sister did not believe that the communication referred to her father although she herself was quite sure it did. "Father and mother separated more than fifteen years ago." she said, "and I have not seen him for ten years. He loved my mother with a fanatical devotion that made him jealous of the affection she bestowed on his own offspring and for some years he made life very unhappy for us all.

Since his separation from my mother father has taken no interest in us whatever and has done nothing for our support. I am quite sure that the story of his being without means is not true, as he always had plenty of money. My mother was taken ill very suddenly shortly after the arrival here of my sister from Buffalo on a visit. I took her to the hospital at once, but she died the following day under the knife. "I notified my father's relatives in Cleveland immediately after her death, but they have written me that they knew nothing of his whereabouts.

I am curious to know who it was that sent the telephone message to him in Chicago, as there is no such person as the referred to in the letter living. My paternal grandfather died many years ago." Mrs. Spencer was asked whether she cared to have the address of the man who had asked for information relative to her father. After consulting with her sister. she said: "My sister and I have decided that We do not care to have anything to do with him.

If he desires to communicate with us, he can easily so. For my part, I have no desire for a re reconciliation." Mrs. Spencer is a handsome blonde and, although looking to be about 25 years of age, has a 16 year old daughter. Her husband is an exporter with an office at 194 Broadway. The Eagle has notified its Chicago correspondent of Mrs, Downs' death.

MILLIONAIRES TRUSTFUL. Lawson and Rogers Did $100,000,000 Worth of Business Without Any Written Agreement. Boston, March 28-When the equity suit. in connection with the Boston gas combination was resumed in the Supreme Court today Thomas W. Lawson continued his tegtimony.

He said that in April, 1903, H. H. Rogers said to him: "It is not right for you to remain in this case any longer without some protection. I have had a paper drawn up embodying the trade, and have given instructions that should anything happen to me this writing be turned over to you." Mr. Lawson gave in detail an account of arrangements he said Mr.

Rogers had made for admitting Kidder, Peabody Co. into a partnership with Mr. Rogers and himself in a copper company, This was the transaction to which Mr. Lawson referred last week in accounting for $75,000 from Mr. Rogers.

This readjustment of the partnership, which previously had been divided between Mr. Rogers and Mr. Lawson, involved the distribution of profits aggregating between $2,500,000 and $3,000,000. Counsel asked: "During the years of 1902, 1903 and 1904 on what terms were you with Mr. Rogers?" Mr.

Lawson said: "For nine years we have been continuously on very Intimate terms. Business transactions aggregating over $100.000,000 had been carried on without any writing having." passed between 118 concerning them. had one deal which netted more than $46.000.000 profit. concerning which no writing ever passed between WARSHIPS FOR SAN DOMINGO. coaled and left Colon yesterday for San Domingo.

The cruiser Montgomery is coaling and it ig considered likely that she also will go to San Domingo. Copyright, Brooklyn Daily Registered. SCHWAB SWEARS OFF TAXES. Millionaire Allowed to Settle on Basis of $5,000 Personal Property. Charles M.

Schwab of Loretta, and pres dent of the United States Steel portion, was a visitor at the Tax Department in the Stewart Building, Manhattan, this morning. He was assessed on $100,000 personalty. Mr. Schwab explained that be is not a legal resident of New York City and is not liable under the law for any persona1 He explained, however, that he is rant of the many benefits which he recei es by his actual residence here during a larite part and felt that he ought to pay something toward bearing the incidental expense. consented to pay on $5,000.

This was agreeable the commissioners and he was allowed to settle on that basis. GOVERNOR ODELL WON'T RESIGN. Friends Say He Will of mittee as Wel ative. Special to arch 28-Th was asked the stor ver and his Dab cCullough be ns. He replied: news: er stories are not The probability of his resignation is not great.

About the propriety of his acceptof the chairmanship, the Governor's friends say that the precedent made by SamJ. Tilden is good enough. THREE MEN BADLY HURT. Fell From Bank Building Scaffold in Brownsville--All Are Likely to Die. Three men fell off the scaffolding used in the building of the Brownsville branch of the State Bank, at Pitkin and Stone nues, at 2 o'clock this afternoon.

Their fall was about thirty feet. The cause of the 'accident is not known yet. The victims were SO badly hurt that the doctors in the Bradford Street Hospital to which they were taken hardly expect any one of them to live. The names of the injured men could be ascertained from their fellow workers, and not one of them was strong enough to be submitted to questioning in the hospital. It is understood that two of the three are likely to die before night.

As soon as possible after the accident. an ambulance was summoned and its arrival was prompt. Everything is being done for the men in the hospital. Work was stopped for the day on the building. DEATH SCOURGES THE DALYS.

Fifth Death in Nine Weeks in Family of Noted Comedian, Who Died Saturday. Boston, March 28-The fifth death in nine weeks in the Daly family of actors occurred to-day. Timothy G. Daly, a brother of Dan Daly, the comedian, who died in New York Saturday, passed away at Revere. He had been ill for many weeks.

Although not himself an actor, several of his children are on the stage. A daughter is the wife of Charles Guyer, the acrobat. Timothy G. Daly had been a merchant in Boston for many years and his death, following closely upon that of the noted comedian. had not been unexpected.

He was operated upon at Revere for liver trouble, a little over two weeks ago, and his family, it is said, knew he was dying. Dan Daly's wife died two weeks ago, and his friends say he knew he could live long. He had been heard to say that he would have to get as much work as possible now, in order to take care of his young son, who is not old enough to support himself. When his death occurred the body WaS brought here and many delegations attended the funeral. Edward Merrigan, Dan's brother-in-law, died suddenly, nine weeks ago, and the seeond death in the family occurred two weeks later when Mrs.

Merrigan's little son, Edward J. Merrigan, passed away. Mrs. Dan Daly was the next, and the comedian's belief that he would not live long became a fact on Saturday. He was one of the unique characters of the American stage and earned a deserved popularity.

He was urged to take a trip to a different, climate for the benefit of his health, but he ridiculed such suggestions and said he was dying on his feet. SCARED WOMAN WITH BIG GUN. Young Dawson Fired Five Bullets Into Wall When Neighbor Remonstrated With His Mother. Edwin Dawson, a married man, who was arrested a few days ago charged with felonious assault by Mrs. Amelia Thomas, who lives in the same house where Dawson and his family make their home, 52 Fountain avenue, was held for the action of the grand jury to-day by Magistrate Dooley in the Gates avenue court.

Instead of one shot being fired by the accused in the hallway of the house where he lives, the testimony showed that the man had fired five bullets into the walls. He did it, he said, to frighten Mrs. Thomas. On the witness stand Mrs. Thomas said she had gone upstairs to the apartment of Dawson's mother to remonstrate with her for shaking a rug from the back stoop while complainant's wash was on the line, wet.

While she was talking with Mrs. Dawson. Mrs. Thomas said, Edwin came into the hall and, pulling a big revolver from him pocket, fired. Mrs.

Thomas did not wait, but Tall for shelter. Cross examined, witness said these were not the first shote that had been fired in the house. Dawson said Mrs. Thomas had come upstairs to accuse his mother and, it was not the firet. time there had been trouble, he decided to fire off hie revolver 80 :8 to scare Mro.

Thomas so she would not again come upstairs. "I did not have any intention of said Dawson. "I fired five shote, and anybody who wants to can up there and see the bullet holes in the walls. wanted to scare this woman." "Would not one shot have answered your purpose?" asked Magistrate Dooley, "I emptied the whole business; that's all there is to it." answered Dawson, apparently ignoring the question. VERDICTS FOR HUSBANDANDWIFE Verdicts of $4,000 and $2,000, respectively, were awarded Mrs.

Kaetine M. Lenox and her husband, Herbert E. Lenox, this morning, in their suits against the Interurban Street Rallway Company for damages aggregating $70,000 for personal injuries and loss of services, which were tried before Justice Maddox and a jury on Friday of last week. It wale shown on the trial that Mrs. Lenox was injured in September, 1903, by the sudden starting of a car on which she was a passenger.

Eagle. THREE CENTS. BRYAN HAS HURT HEARST IN CALIFORNIA MIXUP. Enthusiastic Words in a Letter Offend the Nebraskan's Best Friends. "PERSONAL FITNESS" FIGHT.

On Pacific Slope Issue of Radical vs. Conservative Not Known-Bryanites Oppose Hearst. (From a Staff Correspondent of the Eagle.) San Francisco, March 28-No political contest in the history of California, and there have been many of extraordinary bitterness, has excited so much virulent feeling in its beginnings as that now going on between the Hearst and anti- Hearst factions of the State Democracy. There has been nearly complete suppression of facts in the slope newspapers. On the surface there is not much to indicate the true state of party feeling.

But the factions are preparing for a most bitter struggle in the State Convention to be held at Santa Cruz on May 15 over the proposed resolution to instruct the delegation for Mr. Hearst for the Democratic nomination for President. On the Hearst side there is the confidence engendered by a tried and powerful organization. Against the Hearst programme there is no organization and little confidence of winning, but. there is a most determined spirit of resistance.

Questions of national policy do not enter into the controversy at all. There in no line of demarkation between Democratic conservatism and Democratic radicalism here. The inare upon the future of the San Francisco, and incidentally the state, Democracy and the personal fitness of Mr. Hearst for the office to which he aspires. This issue will be fought out on the floor of the state convention by men whose anger has been inflamed against each other by a long succession of factional feuds in which Mr.

Hearst and his San Francisco newspaper, the Examiner, have been prominent. There will be undoubtedly at Santa Cruz sone scathing recitations of San Francisco history distinctly novel as features of a presidential candidev. Whatever may be the result. of the fight for instructions, the Eastern Democracy is likely to be informed of the grounds of California opposition to Mr. Hearst, with a circumstantialism of detail never before attempted in a presidential campaign.

Hearst's Friends and His Foes. There will be 723 delegates in the state convention, among them, favoring MI. Hearst, according to the claims of the Hearst manager, will be ex- National Committeeman M. F. Tarpey, the California mauager of the Hearst campaign; ex-Governor James H.

Budd, ex-Congressman Maguire, ex Congressman Thomas J. Geary of Santa Rosa, Bernard D. Murphy, chairman of the State Committee: ex-Congressman A. Caminetti. chairman of the Executive Committee State Committee, and M.

F. Jeter of Sauta Cruz. Two of the principal Democrats opposed to Mr. Hearst are ex-Mayor James D. Pheand Franklin K.

Lane of San Francisco. Whether they will be in the state convention is to-day problematical. The men who will probably oppose Mr. Hearst on the floor of the convention are Edward E. Leake, editor of the Woodlawn Democrat; James H.

Barry, editor of the San Francisco Star, who is recognized as the leading Bryan of California; Ben Maddox of Visalia, formerly secretary of the State Committee: Alfred Harrell of Bakersfield, Will S. Green of Colusa, E. W. Woodman of Sacramento, Representative Bell of the Napa district, the only Democratic Congressman from the Pacific state, unless the labor Congressmen, Messrs. Livernash and Wynn of San Francisco are expected, and T.

M. Murphy, editor of the county paper at Martinez. Ex- Mayor Phelan is well known to be opposed to Mr. Hearst, but since he completed his third term as mayor he has not been active in politics. Mr.

Lane, who came within 2,000 votes of election to the goverhorship in the last campaign, has been lately absorbed in the practice of law to the exclusion of politics. Mr. Marry, in conjunction with Mr. Leake, entered a vigorous protest on the passage of Hearst resolutions by the State Committee a week ago. Views of Franklin D.

Lane. Mr. Lane said to-day: am opposed to candidacy of Hearst. I don't believe that the California delegation should be instructed to vote for him. There will no doubt be opposition to him in the State Convention.

don't believe he will be nominated by the nomination convention." Mr. Barry said: do not believe a resolution to Instruct for Mr. Hearst can be carried in the State Convention. The old friends of Mr. Bryan in this state not support him.

I 11 strongly opposed to Mr. Cleveland, but I would support him aN against Mr. Hearst." Mr. Tarpey. the manager of the Hearst campaign, said: "I believe there will be but little opposition to Mr.

Hearst in the State Convention, and the delegates will be instructed to vote for him as a unit. We are making 110 effort to select the delegates and are avoiding all factional fights, but we are asking that all delegates to the State Convention be instructed to vote for a resolution indorsing Mr. Hearst's candidacy. We expect to carry nearly every county in the state, leading with San Francisco, where Gavin McNabb, the Democratic leader, is with us, and Los Angeles, where Mayor Snyder is our leader." It is positively stated by the anti- Hearst Democrats that the following counties will be against the Hearst candidacy: San Diego, where the county committee, has already adopted an anti -Hearst resolution: Orange, Kern, Ventura, Tulare, Madeira, Contra Costa, Yolo, Colus, Tehama, Siskiyou, Humboldt, Nevada, Sonoma, Napa, San Luis Obispo, San Benito, Monterey and Kings. The anti-Hearst men class these additional counties as doubtful, but with a strongly developed anti-Hearst sentiment: Santa Barbara, Butte, Sacramento, San Joaquin, Alameda, Santa Clara, Fresno and San Mateo.

They class San Francisco and Los Angeles as assured for Mr. Hearst. Mr. Hearst's strength with the independent labor union party in San Francisco, which was strong enough last year to elect Mr. Schmitz Mayor, is responsible for the concession that San Francisco will be for Mr.

Hearst. The Schmitz machine has a Republican constituency, which is deliverable in.