The Brooklyn Daily Eagle from Brooklyn, New York • Page 6

THE BROOKLYN DAILY EAULE. NEW YORE. WEDNESDAY. DECEMBER 30. 1903.

INJURED WOMAN SILENT. NEW 69TH REGIMENT ARMORY. ANSWER TO EiSENKUT. IS. SMITH Si IMS FILE VIGOROUS DENIALS.

15, LEVY-GOHEN HAPPY 01ER NEWS OF II BEQUEST ON GIGE RIGHT OF 111 railed at the plaintiff's and defendant's home when the defendant was not in. The ouly times I have ever been to their home were on occasions when the defendant was present, and never otherwise. I solemnly aver that, except on one occasion, the plaintiff never telephoned to me and aent me any message by telephone. That one exception was on an occasion when the plaintiff lu-vlted me by telephone to dinner at her home, which I accepted and at which both the plaintiff's husband, the defendant herein, and a young lady named Miss Weber, as well as the son of the plaintiff and defendant, were present. "I have never at any time been In any houso on Bergen street with Mrs.

Smith. I absolutely deny that I came out of any house on Bergen or any other street with Mrs. Smith, unless her husband was with ug. As a matter of fact, I have never been In a house on Bergen street, Brooklyn, In my life. "I absolutely deny the assertion made by Leander S.

Herrick that be saw me drive away from the Savoy Hotel in New York Ctly with Mrs. Smith, in a eab or carriage. That Is not the truth, as will be evident from the following reasons: First, I have never at any time been driving with Mrs. Smith; Secondly, I have not been to or at tho Savoy Hotel. In New York City, for over six years, and have known Mrs.

Smith only fouft "I have never been to any hotel at Jamaica, Long Island, during the summer of li'03. or at any other time or place, with the plaintiff herein. "I have also read the affidavit made by Jennie Kooney, and wish to state to the court that her affidavit so far as the same concerns me is a tissue of lies and falsehoods. I have herein sufficiently answered her statements, except that in addition I wish to state that I have never received any letters from Mrs. Smith, except one, which I will hereinafter refer to; that I have never written Mrs.

Smith any letter, either by or through the said Jennie Rooney, except one, lo which I will hereinafter refer. The one I received from Mrs. Smith was a formal invitation to attend a dinner given by her husband and herself." Mr. Smith Regrets the Publicity of the Case. To the Editor of the Eagle: It was with profound regret that I read in your issue of yesterday the report of the proceedings in the suit my wife, haa instituted against me for a separation.

For her sake I have earnestly sought to avoid giving publicity to our unfortunate domestic relations, and beg to assure you and all persons who have shown an Interest In the pending suit, that I am In no way responsible, either directly or indirectly, for tho publication referred to. The case is now pending in the court, and I heartily deprecate any newspaper references to it while a judicial decision is in abeyance. But three copies of the affidavits presented to the court by my counsel, and quoted in your Issue of yesterday, arc In existence. Of these, one set was filed with Judge Fitzgerald and was not accessible to your reporters, one set was in the possession of my counsel, who has not shown them to any one, and one set was handed to Howe Hummel, Mrs. Smith's attorneys.

Your readers may draw their own inferences from these facts. ARTHUR L. J. SMITH. 110 Trospect Park West, December 30, 1903.

SEEKS TO ANNUL "MARRIAGE." Murphy Construction Company Gets the Contract for 6606,266. The Armory Board met to-day at noon and opened bids for the construction ot the new Sixty-ninth-Regiment Armory In Manhattan. Nearly a score of bids were received. The highest wa3 the bid of P. I.

Brennan, who wanted $680,800 for the work, and the lowest was $006,266, the bid of Daniel Murphy tor the James D. Murphy Construction Company. The board voted to give the contract to Mr. Murpby. SQUIERS HASTENS TO CUBA.

Washington, December 30 Minister Squiers has for the second time within six weeks curtailed his leave of absence and hastened to Cuba. He will arrive at Havana by the end of the week. It is understood that the rather extraordinary legislation pending In the Cuban oCngress requires the presence on tbe spot of the American minister. The proposed changes in the Cuban tariff schedules are regarded in some quarters here as tending to vitiate the spirit If not the letter ot the Cuban reciprocity treaty. SAYS SHE WAS SWINDLED.

Bath Beach Building Contractors Accused of Getting Mrs. Van Nyse's Property by Trickery. There was an Interesting time In the Coney Island court yesterday afternoon during the hearing of a complaint made by Mrs. Emetine. Van Nyse, living on Bay Seventeenth street, against Bruno B.

Spiess and Peter Bogert, building contractors, with offices at 1,831 Bnth avenue, Bath Beach, whom she charged with unlawfully holding her property. Spies was represented by Lawyer Robert O'Byrn, and Francis B. Russell looked after the Interests of Bogert. Lawyer Mahon represented Mrs. Van Nyse, and it was a remark made by the latter that caused nil the commotion that followed.

Mrs. Van Nyse said sho owned the property on Bay Seventeenth street, consisting of five lots aui a house free and clear. She learned from friends that Spiess offered good inducements to any who desired to exchange. She said she met Bogert and was Informed that Spiess would give in exchange for her house and five lots a plot of three lots on Eighty-fourth street, on which he would erect a house to cost not less than $4,200, together with $1,000 in cash. Mis.

Van Nyse said she went with Mr. Bogert and saw the lots which she was told were those to be delivered to her. Then Mrs. Van Nyse says she was told to get her deed for the Bay Seventeenth street property, which she did. A week later she went to the real estate office of John M.

Ashton, on Bath avenue, where she Bays she signed a paper that was pointed out to her. When she tried to get title to the Van Pelt Manor property, she says, she learned that Spiess and Bogert were in possession ot tbe deed of her property, and she was also informed, sho says, that a mortgage tor $3,000 had been placed on tho property. vvnen sne ngurea it an out sne iounn mat the building contractors still had the three lots, so far as she knew them, the $4,200 bouse. $1,000 nnd a clear title to her house. She also figured that the two had $3,000 in cash as the result of a mortgage on the house.

Then she went to the Coney Island court. Spiess' lawyer did not permit him to testify, but Bc-fert went on the stand and said he had seen Mrs. Van Nyse regarding some property. He said he looked after the in side work in tno otnee, wntio aptesa attended to things on the outside. John M.

Ashton testified to the fact of Mrs. Van Nyse signing a paper in his office, but bit memory was bad as to Just what followed. George E. Nostrnnd took tbe stand and said the lots were owned by John Lott Nostrand and himself, and proved ownership. Magistrate Voorhees said he would review the testimony and would make known his decision in two weeks time.

Lawyer Russell salt) he would submit a short brief and counsel for Mrs, Van Nyse then said: "If your honor pleases, I will ask leave to submit papers in which I hope to show that this man Spiess has been indicted and con victed of doing just as he Is now accused ot dolnr. Spiess' counsel objected, but Spiess Jumped up and declared he had never been convicted. He said he courted the fullest investigation, and Lawyer Mahon promised to look into it. SPENT LAST COIN FOR POISON. Isaac Hanna's Suicide Followed Periodical Spree That Exhausted All His Savings.

After taking the last coin there was In the house, a twenty-fivo cent piece, Isaac Hanna, 81 years old, of 625 Esst One Hun dred and Thirty-eighth street, Manhattan, a stone cutter, went to a drug store nearby and purchased two small vials of carbolic acid, early to-day, returning a few minutes later to commit suicide by drinking tbe poison. For years Hanna had been a hard working man, except for tbe fact that he would once a year go on a spree that would last sometimes several weeks. He was a mem' ber ot the stone cutters union, which last week gave a ball. 81nce then Hanna, nc cording to bis wife, had been drinking steadily. The title store of money he had saved while working grew smaller and smaller un til this morning there wss but twenty-five cent piece left.

Mrs. Ssrah Hanna, the man wife, had placed the rooney under the table cloth In the dining room. She was still In bed at 7 o'clock this morn ing when her husband came Into her bed' room fully dressed. "Have you any money left?" the soman says he asked her. "What do you want It for?" she said.

"I want to buy a drink," he admitted, she says, "but It will be the last." The woman, after hesitating, told him where the quarter was and Hanna left the house with it. In a few minutes he re turned. As he wss passing through his wire a bedroom she said to him: "Did you spend sll tbe money?" The man mechanically put his hand Into his change pocket, but passed Into the front room without saying anything or producing any change from tne silver piece. A ml ii i later Mrs. Hanna heard him fall on the floor and groan.

She rushed Into the front room and found her huthand lying on hla face, the two poison vlnls lying empty beside ii un. Hrr screams attracted a neighbor named Hlckey, who rushed to the Alexander avenue station house with the news. Patrolman Halley sent In a hurry rail for an ambulance, but when Dr. Foster of the Lincoln Hospital arrived Hanna was dead. LIBERAL LEADER RESIGNS.

St. John, N. December HO It Is an nounced that A. Q. Blair, formerly minister of railways and canals In Sir Wilfrid Latir-ler's cabinet, will vacate bis seat In Parliament as member for this city.

It Is understood that Mr. Blair, who was Liberal leader in this province, has resigned because of a disagreement with the premier over the Grand Trunk Pacific Hallway hill, TWENTY-SECOND WRECK VICTIM. Orind Rapids, December 30 Conductor George Neil, Ihe twenty-ocond victim of the Hero Marquette wreck, died to-dny In Buttrrworth Hospital. Ills death was due principally to the nervous shock, sli bough his Injury, compound fracture of tho right leg, was severe. BOOM FOR JOHN L.

WEBSTER. Omaha, December 30 Representative Republicans of Nebraska held a meeting today to organlte a movement for the sdvsnre-ment ol the rsndldary of John L. Webster for the vice presidential nomination. Resolutions Indorsing Roosevelt and Webster were unanimously adopted. Taken to Hospital, but Will Not Tell Name of Assailant.

Margaret McDonough, It) years old. of 1GS Underbill avenue, was removed to-day to the Cumberland Street Hospital by Ambulance Surgeon Izard. She was suffering from general contusions, which, she said, she received during a quarrel with woman about a week ago. She declined to give the name ot her assailant. The Uospltal authorities said that so far as it was possible to Judge, her Injuries were not of a fatal character.

BROOKLYNITES IN WASHINGTON. Eagle Bureau, 608 Fourteenth Street. Washington, December SO The following Brooklynltes have registered at the Eagle Bureau: Miss Lavalette McCall. Miss Beatrice Me-Call, Miss Anna L. M.

Garth, Miss Mary A. Keegan, Miss Emma O. Wells, Misa M. 13. Bennett and Ernest W.

Saunders. Mr. Saunders is here on business at the Navy Department in connection with the opening of bids for supplies for the naval elation in Cavite, Philippine Islands. NEW MARITIME EXCHANGE. Members Will Celebrate Opening of Their Building in Manhattan With a Banquet.

The presidents of the New York Stock Exchange, the Produce Exchange, the Board of Trade and Transportation, the Consolidated Slock and Petroleum Exchange, the Coffee Ex change and the Merchants Association, as well as a number of prominent out of town commercial organizations have accepted invitations to attend tho banquet given by the members of the Maritime Association of the Port of New York on the occasion of tho opening of their new building, and SO Broad street, Manhattan, on Monday evening, January 4. In nil there will be twenty-five guests and nearly 200 members of the Maritime Exchange who will sit down to its dinner in the new exchange. The Maritime Exchange is one of New York City's most important and useful public institutions, having grown from a sidewalk gathering of shipping people forty years ago, to the dignity of a membership of 1,072. with an annual Income well along toward $60,000, and tbe possessor of Its own $400,000 buiidtng on Broad street. Shipowners, shipbuilders, ship agents and shlpbrokers as well as others Interested in shipping, marine insurance, and all kindred affairs, are members.

The Marl-time Association of the Port of New York is the largest purely maritime organization in the world. The chief function of the Maritime Exchange Is to keep records of the movements of all vessels bound to or from the United States, to report all disasters and accidents happening to vessels in all parts of the world, and its income is devoted to securing information by cable and telegraph from itB agents and connections In all parts of tbe world, regarding vessels in which Its large membership is Interested. RUSSIAN S. S. LINE IS OFF.

Ships From Odessa May Be Needed as Transports Big Fight Is On for Mediterranean Trade. It was learned this morning, from a man who handles considerable business for the Russian government, that the proposed line of naval reserve ships from Odessa, via Constantinople and Naples, has been abandoned for the present at least. Tho Idea was to run four steamships between Odessa and this port. The cause assigned for this change is twofold; one is that the ships will be needed as transports In the event of war with Japan; tbe second, that suitable arrangements could not be made for calling at Naples, with the Italian government. Eituor cause was enough to end the scheme.

This has somewhat relieved the people at present engaged In the Mediterranean trade. One man connected with a local line said today: "There are nine lines now engaged in this Mediterranean trade. This means eight or nine ships a week leaving Naples, and then look at their size. They are not 300 or 400 passenger ships, but vessels that can carry all the way from 1,000 to 2,000 passengers. While tho Inst year's Immigration from Italy has broken all previous records, these ships would carry at least 10,000 passengers weekly from Naples.

Some one Is bound to come to grief In the struggle." At the present time the steerage rales run from $28 to $36, from Naples to this port. The rates are graded between these two figures according to the class of vessel. Commissions range as high as $7 a ticket and of course tbe agents sell, If they can, for the line paying the highest commission. The first of the fight begins in January. There are scheduled to sail from here, for the Mediterranean ports, the Anchor Liner Calabria; the North German Lloyd liner Hohenzollern, to be followed by the Prln-zessln Irene, and Neckar, during the month; the Hamburg-American Line schedules the Prlnz Oskar for January 5, and the Deutsch-lund two weeks Inter; the Cunard Line schedules the Carpathla for January 12 nnd the Auranta for January 28; the Ceballos Line will send out the Langford on January 20; tho Navigatione Genernle Itallana schedules the Lombardla for January 26; I'helps DroB.

schedule the Plcqua for January 12, and the Pocasset for January 111; the Prince Line will send out the Sicilian Prince on January 12; the Fabre liners Patrla and Germanla are scheduled to sail on January 2 and 10, respectively, so that there Is sure to bo plenty of competition for tho Mediterranean trade to this pjrt. Besldo all these the White Star Company will start a line from Dos ton, commencing with tbe new steamship Republic, scheduled to sail for the Mediterranean parts via the Azores, on January 2, to be followed by the Romania and the Canopla. POLICE ENTIRELY MISTAKEN. Mrs. Hohr Did Not Try to Kill Herself.

Statement Supported by Her Husband. The police and the neighbors of Mrs. Mln nle Rohr, who supposed she attempted to kill herself last night by pouring kerosene oil on her new (Ingham apron and then set-ling It afire, were all mistaken. It Is true that Mrs. Rohr was arrested at her home, 282 Rocknway avenue, last night, after her apron had been partially burned, and she was held on a rnargo of attempting suicide but to-day In the Gates avenuo court she proved to the satisfaction of Magistrate Fur long that she had not attempted to kill her self and wus discharged.

When Mrs. Rohr was called to the bar to Plead sho was accompanied by her hiiHband. William to whom sho has been married twenty-eight years. Illg tears filled his eyes, but these did not have any effect on Officer nonius Murron. who had mado the arrest.

fur tho husband's demeanor had changed over night. Kohr had come to court early and hurl tnlked with his faithful wife before hrr urralgnment. Counsel for the woman said: "She did this, your honor, after she had had a little quarrel wun her husband." But Magistrate Furlong likes explanations In such cases to come direct from the par-ilea concerned and he asked Mrs. Rohr why she had set Are to herself. She replied Very promptly: "I did not set fire to myself.

I was filling a lamp, spilled some of the kerosene on my apron and when I went near the stove the apron caught fire." The lawyer got a had shock and so did Officer Marron. The latter said; "This man came to the station houso last night and said his wife hsd tried to burn herself up. He said In my presence that he wanted to get rid of her. I am told he advised her to set fire to dress." Mrs, Hohr raid this was wrong and so did her husb.ind. They were the only eye wltnessei.

Magistrate Furlong naked the woman If there was anything tho matter with l.er head. Hlie shook her head vigorously. "Discharged." said the eourt snd Mr. snd Mrs. Robr walked arm and arm out of court.

CRITIC OF WATEH SUPPLY Van Iderstine Owns That the Ridgewood Reservoir Leaks Just a Little. BUT SO DO OTHER RESERVOIRS. And There's Nothing New in Geologist" Vigorous Letter to the Outgoing Mayor. L. C.

Eisenhut, geologist, mechanical en-. glneer, has again taken up the question of the poor Brooklyn water supply, and has addressed to the Mayor on the eve of bis leaving office a letter In which he charges the Brooklyn water officials with "culpable. Ignorance" and "fraudulent engineering prac-1 tlces." He charges outright that from five to ten million gallons of water escapes by leakage from the Ridgewood reservoir daily. To divert attention from this enormous loss of water, he says the officials Invent baseless Insinuations of great "water steals" by pri vate corporations. Mr.

Eisenhut has been studying the Brook- lyn water supply both from the standpoint of a geologist who knows tbe geological for-' matlon ot Long Island and a mechanical en-) gineer for a number of years, and has written newspaper articles and pamphlets to give the public the benefit of his Investigations and views. According to Deputy Commissioner Van Iderstine the Brooklyn water supply is a hobby ot Mr. Eisenhut. An Eagle reporter) approached the deputy water commissioner this morning and asked him about the charges made in the letter to the Mayor. "I havn't heard anything about the letter." said Mr.

Van Iderstine. "but I Dresume it Is rrora Mr. Eisenhut." The reporter confirmed the deDuty com missioner's guess snd Mr. Van Iderstine smiled. 'I have met Mr.

Eisenhut several times." he said. "He has been to my office to see me on the same subject. He has been writing letters and pamphlets about this mat ter for ten years, I think, at least." After glancing over the letter. Mr. Van Iderstine continued: 'Yes, this is the same thing over again.

In regard to his story about the leakage of the Ridgewood reservoir, I will Bay that this is as good a reservoir as there Is '0. this country. The engineers of the department tell me that there is some leakage, the same aa there Is from the best reservoir ever built. But their figures disprove the statements of Mr. Eisenhut." Ill his letter, Mr.

Eisenhut says that the real source of the Long Island supply is the sub-surface storage basin. Although he admits that the supply is primarily due to the rainfall, the fact that the upper earth for an average depth of about 109 feet Is composed of yellow sand and gravel of various grades of fineness makes the usual methods of surface concentration wholly impracticable, in his opinion. It is necessary, he savs. to interceDt the flow of tho Bub-ground stream throughout Its length and breadth. The present well-driven plants, Mr.

ElBen- hut asserts, are a notorious example of in competence and wanton dissipation of the best natural opportunities. "This type of engineering," the mayor Is informed, "primarily is responsible for the numerous water supply scandals and conspiracies, as It Is accountable particularly I for the inadequacy of tne Brooklyn supply during these twenty-two years. Misrepresentation ot the fact was and is yet its sole qualification." The broad assertion of the Brooklyn wa- I ter officials that tuberculated pipes were accountable for the low pressure brings forth this startling statement from Mr. Eisenhut: i "The fact Is the Ridgewood reservoir, par- ticularly basin No. 3, cannot be kept flllgd 1 to Its normal depth of twenty feet without incurring a loss through constant leakage from it of five, ten or more million gallons I per day.

Recently the depth ot water In I thlB basin had to be kept at from six to seven feet, and this Is the sole for I the lack of pressure and the very much diminished flow velocity of the supply within the distribution pipes. "The evidence of great leakage from this basin is abundant and conclusive, although well concealed. To divert public attention from this tact plausible causes are assigned for mysterious per capita supply consumption, snd frivolous and baseless insinuations are made of great 'water steals' by private corporations." The proposed Installation of Infiltration galleries, the engineer says, is one of the most absurd and inconceivable propositions yet advanced. FLIRTATION, THEN BIGAMY. Herbert E.

Talcott's Double Mod et Living Ended Suddenly After Second Marriage. Herbert E. Talcott, 25 years old, a food looking young man, is locked up In the Jefferson Market court prison, Manhattan, being held without bail to appear tor examination to-morrow afternoon on a charge of bigamy. The arrest, which occurred last night, was only four days after tbe second marriage took place. Talcott acknowledged the bigamous marriage.

Behind the case, which is one of romance. Is a peculiar feature. In that his first wife lived at 210 West Twenty-Bret street, and the second wifo lived at 225 West Twentieth street, the rear walls of the two flat houses nearly, touching. Last Augut Talcott met Carolyn LouIb Wlghlon, 19 years old, a particularly good looking young woman, living at 225 West Twentieth street. Talcott was not Introduced to her, but through flirtation her scqualntance was finally secured, and he called upon her.

They became very friendly and, it Is charged, took frequent trlpa to tho sea shore and were together a great deal ot the time. MIbs Wighton was employed in a painless dental parlor and was receiving a good salary. Mlsa Wighton lived with her widowed mother and a brother, and Talcott was received by the family aa one of the household, always being gentlemanly and polite. According to Talcott, Miss Wighton Anally broached the subject of marriage to him, and on December 24, Christmas Eve, they were married In the Church of ths TranBflguratlon by the Rev. Dr.

Houghton, That night they started on a wedding trip to Niagara Falls, Tnlcott being able to pay the expenses through a little money he had saved and a Christmas present he had received from his employers. Up to this time Talcott's first wife, or her family, knew nothing of the acquaint anceship of Miss Wlgliton with Tnlcott. on Christmas Eve Mrs. Talcott went to Chria-tlnn Endeavor mission at Flfly-thlrd street and Columbus avenue to take fonie Christmas presents. I'pon her return home he found her husband gone, and could not account for his absence.

Mr. I'ratt. her uncle, on Christmas Day began an Investigation. He soon found that Talcott hsd been attentive to Miss Wighton, and after a short search found the record of the msrrlsge at the Church of the Transfiguration. I'ratt then communicated with the central office, nnd Detective Pergennt Floy was placed on the case.

Talcott was found at Seventh avenue snd Twenty-first itreet last night snd arrested. CLAIMS AGAINST MORSE CO. Several hundred creditors of the -Morss Iron Work appeared In the Federal Building hist morning to prove their clalna against the bankrupt company. creditors appeared In person, while othir nad lert tneir rimms in ine minus of an attorney. One nllorney had fitly claims to look sfter.

There Is ronslilcrable eonipnt. Hon for the trusteeship of the estote. ThJ liurirp iv vi iviuuu aguia bull tO-dlV, Society Plaintiff in Separation Suit Says Leander S. Herrick Is a Cur. HIS ATTENTIONS UNWELCOME.

Mrs. Smith Says She Repulsed Him. Claus Merely a Family Friend, It Is Declared. Another chapter in the suit for separation ol Mrs. Florence Thayer Sinilh from her husband, Arthur L.

J. Smith, of 110 Prospect Park Slope West, and a member of the Brooklyn Riding and Driving Club, was added late yeBterday afternoon, when, through her counsel, A. H. Hummel, in special term of the Supreme Court and before Judge Fitzgerald in Manhattan, Mrs. Smith put In her answer to her husband's charges.

There was filed with her long and vigorous afndi-vlt of denial an affidavit from Henry Claus and one from the Smith's family friend at Washington, Edward A. Moselcy. In her affidavit Mrs. Smith denies any but alight acquaintance with Mr. Claus and declares she was never alone with him, not even ever on a car with him.

She never, aho swears, notified Mr. Claus by telephone to come to the house when her husband was away and the affidavit goes on to sny that Mr. Claus was never in the house during the absenco of her husband. She denies receiving letters iroin him, aud says the affidavits of Edwin A. Ames, Charles S.

Uurr, Leander W. ilerrick, Anson W. Richards and Arlando Marine are false. Regarding the affidavits of Mr. Ames and Mr.

Marine, her amdavit in her answer says, "There are no facts therein which require answer other than as I have stated; that whenever 1 saw the said Claus at any place where I might have happened to be, he always spoke to me and 1 to him, out of the same courtesy any gentleman and lady would show each other." Not the least interesting portion of Mrs. Smith's affidavit in answer is the paragraph in which she mercilessly scourges Leander S. Herrick. This paragraph in full is: "Concerning the affidavit of Leander S. Herrick I will only say that I deny absolutely every statement therein contained as reflecting on me and in connection with the said Claus.

And I wish to add that the said Herrick showed mo unwelcome attention and attempted to have his attentions ed, but that 1 ropuli.ed him. Such a cur needs no other "At no time," swears Mr. Claus in his affidavit, "has the plaintiff arranged with ine, nor 1 with her, any meetings, clandestinely or otherwise. 1 never on any occasion taken the plaintiff to any place of amusement cr to any other place; and have never been out with her except on such occasions when I accompanied both her husband and herself." The new affidavits presented yesterday bring increased interests to this suit for separation and make mention of additional Brooklyniies of prominence. In her auBwcr to Mr.

Smith's charges Mrs. Smith says: "It is an absolute falsehood that 1 encouraged the attentions of a Mr. Doyle at Allen-hurst, N. during the summer of ISM, or at any oilier lime or place. Nor did any uctlon on my part attract any attention or adverse Concerning the occusiou when the defendant states I left a dance at about 10 o'clock In tho evening and weut down on tho beach, this is untrue.

There was a walk outside the hotel, where about a hundred persons were promenading. I did walk around on that walk with Mr. Doyle for a short while after oue dance, but tills was in the presence of everyone therp, and even the defendant himself was walking there with another lady; and nothing improper of any kind whatever ever occurred between the said Doyle or any other person and myself. "I did not see Mr. Doyle off at the station.

A Miss Edith Crelghton, who lives in Brooklyn, was an intimate friend of mine and I visited her quite frequently and often went out with her. She was to leave on a train about ten minutes before Mr. Doyle, and 1 had arranged to meet her at the station aud happened to oeo Mr. Doylu there. Claus Only a Family Friend, Snys Mrs.

Smith. "I positively and absolutely deny that I ever encouraged or permitted the attentions of any man whatever, or of Mr. Claus, referred to In the defendant amdavit. It is absolutely untrue lhat I ever notified the said Claus by telephone or otherwise to come to ray home to spend the evening with me when the defendant went out or was not at home, and I wish here to positively and solemnly aver that the said Claus has never been ct my home when the defendant was not there; that I have never gone with him to any place whatever; that I never met him by appointment, clandestinely or otherwise; that I never received letters from him described by the defendant; that I never went riding with him as detailed by the dr-fsnatsnt, and that I never went driving with him. "I did telophone the said Claus once, which was with the defendant's knowledge, to Invite him to dinner.

At this dinner the dtfendunt, our son Loughton and another young lady named Miss Marie Weber, a mutual friend of the defendant and myself, were present. "I absolutely and unqualifiedly deny that I ever visited the said Claus, during the summer of 1H63, while the defendant and I were at Spring Lake. And to show the utter falsehood of this assertion I wirh to state that during Ihut entire summer Ihe only time 1 saw the said Claus was once, when he passed In a carriage hile I was walking. "I 83 never to the Hotel Savoy with the said Clans, and never drove away from that hotel with him. "I w.is never to any hotel In Jamaica, Long Island.

in the summer of with the said Claus aud never at any oiher hotel with him. I never went to Prospect or any other park, or place wlih him: and 1 solemnly aver that there was never any Intimacy or impropriety, nor even the slightest Indiscretion hetwein the said Claus and myself. "I deny that I ever came nut of any house with any man, the s.iid Claus or any other putson. as slated In the affidavit of Churlc S. Uurr.

The said liurr might have fen me transferring to some other ear at tile jlllletiiii of Bergen street and Vlllldcr-hllt avenue and at I tin time I might have been tulkit.i; to some genllemun whom 1 hud casually in but 1 never went there by appointment or for any other purpose, ami the mid statement la, to say the hast, a misapprehension. "As to the affidavit of Jennie Uooney, it It a tissue of falsehoods. Her character Is best described by the fact that with the knowledge slid consent of the defendant, dlschurncd her for drunkenness; and that alter I hail so discharged tier 1 learned that prior to the time she hud been in my employ she had been one night in jail ut Coney Island, and that she was known at Coney Island as 'Cocktail Mrs. Smith goes on to deny In detail the sluumcntx of Jennie ltnoney us to her making engagements with Mr. Claus, receiving attentions from blm, receiving letters from him addressed to Jennie Kooney.

Mr. Claus Backs Up the Denials of Mrs. Smith. Henry Claus' answer to the (hinges made against him by Mr. Smith Is highly interesting as a reply of speiilic dciiiul.

In his amdavit Mr. Claus says: "For the past two or three years I have been an intimate friend of both the plaintiff and the dcfcudiuii, but I have been on Tester terms of lutlmney mid friendship with Ihe ntirnuuni thun i have with tin plaintiff. I wish to emphatically, positively and unqualifiedly deny lhat I have ever, at any lime or place, in any manner whatever, been gulliy of any set of nifi oii'luct or impropriety with the plaintiff. "I never paid Ihe plaintiff marked sttin-tlon at any Hum. I Lsvu positively sever Before She Was Married She Played Good Samaritan to Wild Oats Englishman.

HIS MOTHER LEAVES HER MONEY The Sum Is Said to Be $10,000 Dissipated Son of Good Family Is Now Dead. The kindness of Miss Mary Levy, daughter of Frank Levy, a tailor with a little shop on Henry afreet, opposite the Long Island College Hospital, in looking after a young man who boarded at the Levy house about ten years ago has Just had Its reward, and the good news that reachod the young woman a few days ago has made her very happy. While she cannot but believe the news is true, still she says she would feel more certain if some further Information were received as to her good fortune. The young woman received word the other day that she had been left $10,000 by a woman who died recently In England. The story Is an Interesting one.

It was about ten years ago that Frank Levy had a tailor shop nt 190 Atlantic avenue. His wife was dead and his daughter Mary looked after the house for him. In order to get along and to have a little extra money for herself, she rented out two or three furnished rooms. One of the rooms was rented by a young man named McNamee. He was the indirect cause of the young woman's good fortune.

It appears that McNamee was the son of a wealthy woman In England, and had come to this country to begin life anew. In looking around for a suitable place to live he found the address at 190 Atlantic avenue and learned that be could get room and board there if he so desired. In a few days McNamee was Installed in his new home. It was soon seen that the young man was exceedingly fond of liquor, according to the reporter's informant, and he was intoxicated very often. He had Informed his young landlady that he received a liberal monthly allowance and that sho need never be afraid of losing any money through him.

Miss Lew notieed that he could not keen his money very long after he received it. He was almost always behind in his rent. The young woman, however, permitted him to remain aa a boarder, and when he wa3 not under the influence of liquor she would mention the fact that he was behind. When the next monthly allowance came along Mc Namee would settle up and then start all over again. There were several occasions when he would pen a long letter to his mother In England, in which he told of the kind treatment he had received at the hands of the young woman.

He could not break off from the life he was leading, however, aud the time came when he was seized with an illness which became serious, and be was taken to the Long Island Coilego Hospital. He lay there for a long time and finally passed away. Miss Levy wrote to bis mother Immediate ly and told her of the young man's death. Young McNamee was buried in this country nnd as time passed on he was almost entirely forgotten by the young woman. The Levys moved to Henry street and the young woman became engaged to a young business man named Max Cohoa.

They were married and are now living in Jamaica, L. I. Miss Levy, some time after young Mc.N'ameo's death, received a letter from his mother, aud they continued to correspond. Nothing was said in Mrs Mc.N'amee's let ters to the young Woman concerning her kindness ehown to young McNamee. One day Mrs.

McNamee wrote, saying she had been taken with an illness that would probably be serious, but she pleaded with the young woman not to stop writing to her. Mrs. Cohen continued to write, but received no answers and she concluded that Mrs, Mc-Namee's llness had taken her off. A few days ago a letter was received from England in which It was stated that Mrs. McNamee had died and In her will had left the sum above mentioned to the young woman who had befriended her son and had been so kind to him when he was not himself.

Mrs. Cohen showed Ihe letter to her husband and also lo her brother, Aaron Levy, a hotel keeper In Bath Beach. The latter says he does not know the exact sum his sister Is to receive, but he understands it is In the thousands. FREEL WANTS TO RETIRE. Battalion Chief Makes Application to Get Out of Fire Department on January 1.

Thomas F. Freel, battalion chief In the Fire Department, attached to the Tenth Battalion and detailed as fire marshal, has made application to Commissioner Sturgls for retirement, such retirement to take effect January 1. Marshal Freel was tire marshal Before his promotion to a battalion chief on June 28, 1(103. receiving $3,000 per annum. He re signed as Are marshal and on that day was appointed battalion enter by Commissioner Sturgls with a salary of $3,300 per annum.

It was largely through the testimony of Marshal Freel that former Chief Edward F. Croker was dismissed. Freel was the principal witness agulnit Croker, testifying especially concerning alleged negligence at the Park Avenue Hotel fire til Manhattan. Marshal Freel' riso in the Fire Department haa been rapid. He was appointed to tbe force on July 14.

1SSI. On November ID, 1RS9, he wai promoted to assistant foreman and became a foreman on March 1, 1 He secured the promotion to battalion chief, as stated, on June i 100S. Marshal Freel has never had any etaarge made against him in his twenty-odd years of service. He has been on the roll of merit several tlme and has everal mednll for personal bravery. MR.

LIFTCHILD'S STATEMENT. Frank A. Llftchlld, proprietor of the Brooklyn Glass Works, has written to the Eagle to state that William L. Amend was never an assistant foreman in his establishment. Mr.

Llftchlld reviews the trouble In which Amend and Miss Seliner figured a short time ago and defends Miss Selmer and Philip Dlehi, the foreman, who, ho says, are paid to mannge hi place. Mr. Llftchlld states that he has consulted his attorney concerning reports that Mr. Amend Is trying to blacken his (Llftchlld's) character. MUSIC STRAINS LED TO ARREST.

The tinkling of a banjo and a mandolin led to the undoing of Anthony Zann, 17 years old, of 141 Metropolitan avenue, and Arthur Shaler, 18 years old, of 1.14 North Seventh street. Inst night, when both were arretted In Zann's home. They were charged with burglary, the police of the Bedford avenue station alleging that the two had broken Into Ihe Instrument factory or Frederick Gretseh, at 104 South Fourth street, on Christmas nmrnltig It Is claimed that the two carried off four banjos and one mandolin, all worth $75. HOTEL DAMAGED BY FIRE. Fire In a room on tbe second floor of Herman Wunder'a Hotel, at 77 Rockwell place, last night about 8:30 o'clock, damaged the building to the extent of The front entrance of the hotel Is on Fulton street and another entrance Is on Rockwell place, exactly oisposlie the Orphcum Theater.

The fire started through the explosion of an oil tovc kept In the room for heating purposes, and when It burst a bed took fire and the flumes soon spread. The people in the theater knew nothing of the ore unill after th how. Mail Wagon Drivers Must Here after Play Second Fiddle lo B. R. T.

Cars. IT'S BAD TO GRAB A THISTLE, And Engineer Archie McLean Is a Sort of Impersonation of Scotland's Emblematic Weed. The United Slates government, through Its local attorney, stepped down gracefully from its high horse in the Adams street court this morning and Intimated, by Its recession from a iofly principle, that maybe the bridge officials were right in causing the arrest of one of lis drivers for obstructing travel on the aerial highway. The bridge people and the motormcn of the railroads have had trouble for a long time with the drivers of the mail carts which pass over the bridge tu Manhattan with loads of mail matter. The men in charge of the mail carts are usually young persons with an exaggerated Idea of tbe dignity of their trade and their own Importance as carrying agents of the biggest thing in the way ot a government on the face of the earth.

They had, too, in one or two instances, shown a notion that if anyone interfered with them they could call out gunboats by the score and cluster them right under the bridge to blow the old thing sky-high. The motormcn of the cars did not like to interfere with the mail carts, for there Is a tradition among motormcn that mall carts must not be tampered with at any cost. This notice was bred during the first trolley strike, when the crafty management of the old Atlantic avenue system put up the sign S. Mail" on the front ot the cars and declared to the strikers that any one interfering with the mails would get it good and hard. So for months the motormeu, big, fat lusty fellows, have been submitting to the gibes and jeers and general contumely heaped on them by the immature young people sent over in charge of Uncle Sam's wagons.

It was the habit, according to allegation, of these mail drivers to get In front of a car on its way across the bridge and then drive with tantalizing slowness. If a motor-man was graceless enough to ask the government's representative to give him "a show" the motorman usually got the worst of it. Even the lawyers of the Brooklyn Rapid Transit, who cannot bo easily fazed, felt chary about doing anything and the police were also slow to act. But Mr. Archibald McLean, the engineer of maintenance of the bridge, who has ail the cares and worries of the big highway on his broad shoulders said, when the matter was drawn to his attention, that the government might "go hang" or words to that effect.

"This thing manna be," said Mr. McLean, who sometimes drops into broad Scotch. "These drivers have no right to Interfere with the travel. I'm sure the cars go fast enough for them and there must be no dawdling on the tracks either by mall carts or any other kind of wagon. These cars must be kept moving for the safety as well as the convenience of the public.

If any one, no matter who he Is, obstructs the passage ot the cars or in any way interferes with travel on the bridge arrest him." This word was passed to Captain Murtha of the bridge force and by him to the men. The consequence was that George Bannerman, a young driver tor the government, who had been particularly annoying, according to the motormen, got into trouble with the police the next time he made any attempt to inter fere with the tide of travel. He was on his way back from Manhattan, having deposited a load of registered mall stuff at the office on the other side of the bridge, and a registry clerk was with him. The wagon was driven in front of a trolley car and it proceeded with a slowness that was agonizing to the motorman right behind him, who had to make schedule time or lose his Job. The motorman pleaded with Bannerman but the lad simply would not stir out of the track nor would he drive any faster than he willed.

Then an Inspector of the road was called to plead with the haughty government person, but he had no influence. A policeman was finally called and he Inconsiderately yanked Bannerman from his seat and placed him under arrest for obstructing travel. Banner-man was quite sure that the man who laid hands on him was In for bunches of trouble and the Assistant United States District Attorney of tbe district was called Into the case to defend the lad. There was every indication that the government would make a tight to prove that It had the right ot way under any and all circumstances and it was believed that the case would be fought to the bitter end before Magistrate Dooley, In the Adams street court, this morning. The local forces had girded up their skirts tor a scrap, but the government gracefully backed down.

It was clear that the principle Involved had nothing to do with the misguided young man who had been annoying the bridge people. Mr. McLean was there and so was Captain Murtha; also a lawyer from the railroad company, policemen, motormen and inspectors. Mr. McLean was quite sure that tho bridge people had the better of It.

"Why," he said, "It's all stuff and nonseuce to say that we have not a right to conduct this highway to the best Interests the public. If I liked I could fence In the car tracks snd keep nil sorts of vehicles away from the cars. But we leave the track open for the accommodation of drivers, who may thread In and out ot the roadway In this way and make their own time. Rut they must not obstruct the cars. The public must be protected In this." Things were made easy for all hands by the areuned pleading guilty to the charge that he had obstructed the track.

"I will suspend sentence In this case," said Magistrate Donley, "but, Ilnnncrman, let me warn you that the bridge people have the right to control the bridge and yon must obey their regulations." The bridge people are glud that the question Is settled and there will be no mors trouble with the mail wagons. SCIENTISTS IN SESSION. New Organization to Affiliate With American Associntlon. St. Louis.

December 30 This was another busy day for the members of the American Association for the Advancement of Science. After meetings by the various sections, st Which addresses were made, tho members visited the world's fair grounds. The section of mathematics and astronomy and tbe American Microscopical Society have finished their sessions and others conclude their work to-day and to-morrow. One new organization has been formed. It will be known as the American Breeders Association, and Is an organization for boih practical and scientific plant nnd animal breeders.

A plan Is also on toot among the mom ben of the section of geology and geography to form an organization of geographers to affiliate with the association. MARQUIS OF SLIOO DEAD. Dublin, December 30 The Mnrquls of Rllgo died this morning, at West port House, West-port, County Mao, He was born In 1824. John Thomas Browne, fourth Marauia of Ellgo, Baron Monteagle, Viscount West port and Karl ot Aiiamoiu.nii except ins nrst titio created In the eighteenth century, succeeded his brother In Mi- One of his ancestors signed tbe capitulation of Limerick. Ilia mother was a daughter of the thirteenth Earl of Clanrlrarde.

From 7 to 1868 John Thomas Browne was a member of Parliament Liberal Unionist from County Mayo. He also served in the relay navy, EXPRESS AGENT ROBBED. Roekville, December ao William H. Howling, local agent or the Adams Express Company, was robbed snd rrutully assaulted by two unknown men curly to-day while on his way from his resldcno to his office. Between $400 and $500 was taken from hi in.

Though Her Counsel Tells Her She Is Tree iPyatt" Is Not Satisfied. The case of Nonie A. Kennedy, or Pyatt, against Richard M. Pyatt, has again come to tho front and the woman has abandoned hnr former proceedings, which were fully reported in the Eagle last winter. It will be remem-beied that "Mrs.

Pyatt" claims to have been married while a young girl of tender years, to Richard M. Pyatt some eighteen or nineteen years ago, but they never lived to gether, and soon after the marriage Mr. Pyatt disappeared from tpwn and for eighteen years tho woman never heard from or of him, eo she alleges. Last winter, fihe found that he was down at Glen Cove living in good stvle and she had him arrested tor abandon ment and brought into Magistrate Furlong's court. Former Justice Jacob Brenner appeared for the defendant and Eugene V.

Brewster for the complainant. While the case wad pending an action was started in the Supreme Court for absolute divorce and a motion was made for alimony and counsel fees. The court awarded ho plaintiff S250 counsel fee and $25 a week alimony, the motion being undefended. There after, however, the defendant appeared in court on a motion to rnpen the default and he produced numerous affidavits showing that be was married at tne time ho was alleged to have married Nonie A. Keunedy-ryatt and had several grown children by his first wife.

His alleged second wife, Mrs. Ken-nedy-Pyatt, produced a marriage certificate. but the defendant claimed that It was not legal marriage. The court set aside the former order and the action for divorce was discontinued on the ground that there was no cause of action because the defendant was never legally mar rled to the plaintiff, the defendant having had a wife living at the time of the alleged marriage. "Mrs.

Pyatt" then consulted the district attorney to make charges against Mr. Pyatt for bigamy, but she was there advised that the charge of bigamy was outlawed Her counsel then Informed her that since there was no marriage, she had a perfect right to marry again, and she was Just as free aa though she had never been married, hut Mrs. Kennedy-Pyatt was st ill anxious to have the marriage annulled and Judge Bren ner said that if such an action were brought the (lefenflnnt would let It go by default Mr. Brewster expects to serve papers In such a suit. Ho has found some difficulty In locating Mr.

Pyatt. ROCK DRILLER TRIES SUICIDE. George Bennett, Separated From His Wife and Out of Work, Drinks Chloroform and Alcohol. Despondent because he wae unable to get work and also because be had been separated from his wife, George Bennett, 27 years old, a rock driller, tried to kill himself this morning by drinking chloroform and alcohol in the hallway of the tenement house. 211 East Thirteenth street, Manhattan.

George Jordan, a boarder In the house. Htumhled over the unrnnsclnusman'sbody. He called a policeman and Bennett was taken to Uelleviia Hospital, where It was tall he would recover. Bennett's wife lives somewhere In Brooklyn. When he was separated from her he went to Connecticut to try and get work, but was unsuccessful.

TWO WEST INDIAN SHIPS IN. The Royal Dutch Went India mall team- ship Piins Wllleui 111 arrived yesterday afternoon from Paramaribo, Demersra, Trln ld'iil, the Venezuelan and I ho Haytlan ports. She brought ten passengers to tho Holland-American line. The muln features of cargo consist of bugs of sugar, 3.747 bags of coffee, f'KI bags of cocoa and dry hides. Beside these she brought a largo amount of deer and sklna, copra, dlvl dlvi, mnnonany nun lignum vnne The Keil I) steamship Mnracnlbo arrived at I'lerrepont's stores from Ponce, Laguayiu, Curneoa and MujacHtho.

She brought nno passenger ar.d a big eargo of cofiee, hlJ.M, sugar and general West Indian goods. MRS. F. W. FLETCHER DEAD.

(Special to the Eagle.) Kreeport. December 30 The funeral services over the remains of Mrs. Cora wife of Dr. Frederick F. Fletcher, were held this morning at the home of her sister, Mrs.

II. liiine. In New York City, where Mrs. Fletcher dl suddenly on Monday morning of heart failure. Mr.

aud Mrs. Fletcher were married a little over a year ago. The deceased is survived by husband and an infant clilll ONTARIO SOLON A SUICIDE. i.uuun, Auurew railUIn, a member of the Ontario Legislature, hilled himself here last night by cutting his lliroal. He had been addressing meetings In support of Joseph f'hamberlaln'a fiscal policy.

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