The Brooklyn Daily Eagle from Brooklyn, New York • Page 11

THE BROOKLYN DAILY EAGLE. NEW YORK. SUNDAY. JANUARY 31. 1000.

Ianeous. MISCELLANEOUS. ther was George Standrn. formerl BlME MAY AFFECT DECISION Oil DANCING CABLES ABOUT FINISHED; i Transvaal, Cape Colony, Natal and Orange River State Are Involved. Dr.

Lyon' PERFECT Tooth Powde Cleanses, beautifies and preserves the teeth and purifies the breath Used by people of refinement for almost Half a Ce ntury RELIEF STATION NEEDED Thirtieth Ward Conditions Such as to Demand Remedy. With Population of 60,000 This Territory Is Still Without a Hospital. The State Charities Aid Association, which has macle an exhaustive study ot the hospital situation of this city, has made plane for a number nf emergency relief stations In some of the boroughs and particularly the Thirtieth Ward. The plan is a result of a study by a representative committee of hiupltal exports from all the boroughs in the greater city, and the committee dlstincll recognized the need of the Thirtieth Ward for such a relief slut Ion. or If possible, two relief stations, one to be established Immediately and the oilier in the near future.

Commissioner Robert W. Hebberil of the Department of Charities has manifested his belief In the need of thu ward, and has shown h.s willingness lo co-operate with the citizens of tho ward in trying to secure such a station. Charles E. Weisz is president of ihe committee of citizens and J. J.

Humphreys hag been chosen secretary. Donor Karl H. Mayiie Is one of the active members of a large and representative committee of citizens which was chosen to devise plans un.l to unclertaka to organize the sentiment that already exists in favor of an emergency i-olinf That the Thirtieth Ward is far behind other sections In Brooklyn in its ambulance and hospital facilities may be seeu from the fact that the Thirtieth Ward now has a population of about fio.o '0 people. The total population of Itrooklvn in 11)05 was The total hospital bed capacity in Brooklyn lis shown by a census taken March 1. llt'iii.

is 2,719. or one bed for every live hundred persons. On such a basis the Thirtieth Ward should have as its share of the bed r.i-liacity of tho c-lty at least 100 beds. It has not at the present time a sing's hospital within lis boundaries, and obliged to use the facilities of other wards to meet Its needs. That it Is far behind other wards in its provisions may be seen from tho fart i Preliminary Work in Truss Con- struction Is Now Under Way.

SUSPENDERS PUT IN PLACE. Footpath Cables and Stringing Machinery Have Been Removed. Work Never Interrupted. Workmen on the Manhattan Bridge are making material progress in attaching to the four big 21-inch cables the 1.400 acid steel suspenders that are to support the main superstructure of tho span. This, says the engineer of the Glyudon Contracting Company, Is one of the most Important stages of the rapid construc tion of the great over-river steel thoroughfare, for It marks the practical completion of the cnbleB themselves and (he actual beginning of the building up of the main superstructure.

Within a month or so. or as soon as the weather will permit, there will be eight gangs of workmen manning eight hugo travelers with derricks, pushing out the trusses and other structural work from either side of the two big piers, each gang operating under a pair of cables. Preliminary work in the construction of the truss parts of thi bridge has already begun. At the middle of each tower, on the level with tho future roadway, the contractors for the construction work havo already begun to Uy some steel chords from the tower nncl havo established there temporary dor-ricks for such work as can be accomplished before It Is necessary to Install the traveling derrick machines. In making the cables ready for hanginR the suspenders they were Bubjected first to the processes of "forming" and "seizing." This double operation consisted of squeezing into permanent position th" 9.472 wires of each cable by means of powerful steel clamp and Ihen tying them together by several wraps nf No.

8 wire. After this process was well advanced, great steel bands mcnsurlnfi from 2 feet 10 Inches to 3 feet 3 Inches and weighing fru "I to 1,400 pound each, were clamped upon the cables nl Intervals of about fifteen feet. These steel bands are the moorings for the suspenders and each of them la provided with two groves cut on such an angle with the Incline of the banc as to permit the suspetiderB to fall perpendicularly without resistance. About 600 of these bands are now In position and only bout 90 are yet to be attached to the cables. The suspenders now being attached to the bands havs been In process of "making ready" since last fall, and practically all of them arc now completed and ready to go into their permanent position.

Each suspender consists of a length of acid steel cable rope of vary-ng length with a huge screw nut welded upon each end. They are laid over the bin eahles in thp grooves of the bands. just as a rope would be laid over a limb of a tree with Its ends dangling together below. The nut screws on the ends oi the susuender cables are to be directly attached to the stress plates of the main trusses of tho bridge. The cables supporting the temporary footpaths have been removed under the big cables and on the east side and are soon to De r.emovea nom cuuci cables A and on tho south side.

As these temporary cables have been removed, the foot walks have been wired "3 together with the temporary towers at different noints over the foot walks and timbers and other material, which were1 especially needed in the work of string ing the rablos. The hanging of the suspenders, It Is expected, will be finished by March 1. when work will begin in the rapid building up of the superstructure of the bridge. The only treatment of the cablcB that will remain to be done after the suspenders are in place, will be "serving" or the wrapping of thera with a continuous wire having a diameter of .148 of an Inch. It is estimated that It will require about 4.600,000 feet, or nearly ninety miles of this wire to "serve" or wrap the four cables.

In order that this operation may be accomplished to the best advantage, it Is necessary to have the load on the cables, and this work will not begin until the work in building the superstructure of the bridge Is well advanced. A statement was made to-day by one of the managers of the Carbon Steel Com pany which has general charge of this n.nlr nil fh n.A.l, nn UA nn "1- i.t: struction has proceeded with the utmost i facility, and that there have been no ac- I cldents or breakages In machinery, nor any other thing that has handicapped the rapid progress of the bridge construction. According to present prospects, the big bridge. Including approaches, should be completed early in December, and otherwise placed in readiness for full operation by January 1, next. WARRANT FOR RECREANT SON.

Ostensible Charge Larceny Beal Object to Bring Him to Dying Mother's Bedside. Chlcaio. Januarv 30 A warrant rh.r,. 1 that Ward 24, for example, which Is only about one-fourth an large as Ward and which has about the same popula- tton. has three hospitals, two of whlc maintain an ambulance service.

Th combined bed capacity of the three pitals Is 34. The Hoard of Estimate and Apportion- u. ment has appropriated more than tuiS million dollars for new hospital buildings, new sites for hospitals and new huldlngs connected with hospitals nl-ready existing in this borough. Other 1 sections have secured new hospital facll- itlos. in tho Thirty-first Ward, ly the town of Gravesend, tho new Cone'- Island Hospital has been erected at i cost of and the Twont y-slxtlCTS Ward Is soon to have a new hospital tc cost In the neighborhood nf VAST SHOE RIGHTS Decision of Court in Midland R.

R. Case of Utmost Importance. ANY LITIGATIONS AT BAR. Rights to Between 500 and 600 Mile9 of Sea Front in Dispute. The decision of the Court of Appeals In the case of Sarah H.

Barnes against the Midland Railroad Terminal Company of Slatcn Island, holding that the defendant rnmpany had no to obstruct the free passage of the public over that portion of the beach between high water and low water, has aroused general interest all over Long Island. Its effect notably upon the serious litigation, be- tween Louis C. Tiffany. W. Emlen Roosevelt and others, with the Tawn of Oyster Bay.

and thp threatened legal content between Rudolph Oelsner, tho recenl purchaser of the Thayer property In North Hempstead, who has, by moving a building on Barrow Beach and putting up a fence, shut the public oft from a valuable stretch of beach to which it has had free access from the first set tlement of the town of North Hempstead, but also upon the rights of the publlr to a free right of passage over every foot of the five and Bix hundred miles of Long Island shore front between high and low water mark, Is undoubted. The Court of Appeals says In its decision In the Barnes case thnt Its rulings are based largely on an opinion rendered by the same court, March 12, 1907, In the case of the town of Brookhaven and Charles A. Post, a lessee of the town, against Wilson R. Smith, John Morgan and Alfred W. Pell, which was argued for the defendants, riparian owners and winners In the suit, by Wlllard N.

Bayles of Brooklyn and Manhattan. In that case, as in this, it was held that the owner of lands up in the seashore may construct and maintain a pier to connect his uplands with the sea, subject to regulation by Congress and the state Legislature, and may for that purpose obstruct the foreshore and limit its use by the public as a place of passing to the extent that is necessary for the reasonable use of the pier. In the ruling In the Staten Island case where It was Bhown that the railroad company, owning the adjacent upland, had nailed planks across tho shore from pile to pile of the dock, so as to prevent a free passage along the beach underneath its dock, tho court held that the company could not obstruct the public right of passage by any such fence as it was unnecessary for the purposes of the ccmpay In gaining an access to the water. This defendant holds Its land under water in front of its uplands by virtue of letters patent from the stato, under which it acquired the right to erect, on the lands under water herein granted, a pier or piers and buildings of a substantial character, but the grant was coupled with the condition that the grantees shall not make or maintain any structure that shall Interfere with or obstruct and prevent any person in crossing or re-crosstng in any way land between high and low water marks. The court says that were all the conditions of this grant carried out literally the grant would be of little value to the owner, as It would be impoEsible to con struct a dock so as not to form some slight obstruction to free passage of vehicles or pedestrians, and It is necessary therefore, to give this condition of the patent its reasonable meaning and it matters little whether the defendant rests on Its patent or upon its legal rights as a littoral ownor.

Most of the recent grants made by the State of New York reserve to the public tho right of passage over the shore between high and low water, and no obstructions are permitted except such as may be necessary in building a dock or other structure to permit the upland owner to reach the waterfront, which, In relation to the upland owner, Is a section of abutting highway. But whether such provision is Inserted or not, the court holds that the use of the foreshore by the public rests upon Its legal right as a littoral owner. The court holds that the upland owner has a right to build a sufficient structure to enable him to reach tho water and to build for that purpose only, and at the same time the public has the inalienable right to pass and repass over the strip between high and low water mark. The court holds it was not necessary in the case of the Midland Terminal Company, in building its dock, to shut out the public from any portion of the foreshore, hence it had no legal right to do so. This decision confirms the right of the public to the use of the foreshore, and it will compel anyone who has built or hereafter builds a dock or boat house or other structure to show that It does not encroach unnecessarily upon the put-lic domain, in relation to Its free use a highway.

The court in Its opinion does not. however, clearly state which has the superior right, the upland owner to build his dock, or the public to an unobstructed passage of the beach. That may be settled more definitely in some of th suits now under way. The Midland case and the Brookhaven case In principle may have an import ant bearing in the very serious litiga tion existing between Louis C. Tiffany, Emlen Roosevelt and others, with the town of Oyster Bay.

In the Tiffany suit the town claims title to the land under water as against the state, as to which it has been unsuccessful in the lower court. It also claims 'a public highway along the foreshore, as to which has alsfo been unsuccessful in the lower court. The question as to whether or not the authority to build docks and breakwaters in question from the state, assuming It owns land under water, is superior to the rights of the general public, referred to in the Midland case, yet an open and pertinent one. which may be decided by the Court of Appeals in the Tiffany case. The decision in the Midland case Is likely to affect thp control of upland owners over hundreds of miles of foreshore lying between high and low watermark, nnd thousands of acres under water held merely for enjoyment and for the purpose merely of keeping the public away, which have been given away by state land boards on the shores of Long Island Sound and various tribularv bodies of water, and on the south side of Long Island, from New York Harbor to Montauk Point Some these nerpetual grants extend for distances of from several hundred feet a mile, and the only structure erected upon them is a small dock or float.

Some of the owners have built sub-stant'al seawalls and breakwaters, costing from $10,000 to $50,000. but it Ib said careful lawyers that where these en unnecessnrilv unon tho fore- shore, they can be removed or modified I as not to interfere witn tne public right ol passage over the beach. BROOKLYN GLT.L BUFFALO BRIDE (Special to the Eagle.) Hastings, and the ton haj ken in Amer Ira all this lime. At first he had had hard struggle for existence. For several years he had written home, but some of his letters had been returned through the Dead Letter Office, and (eased corresponding.

When he walked In the night before the funeral he was not recognized bv his mother nor others of the famUv. varmiv" wefmed" h'9 he 1 Nurse's Race With Death. An act of devotion on the part of a New Cross hospital nurse, which paved a child's life, was considered at a recent meeting of the Metropolitan Asylums: Board. The heroine of the story is Nurse Murray of the Southeastern Fever i mtu in iivni(s lilt' I nun an i- ftced her own health and position. Nurse Murray was on duty at tl receiving ward of the hospital on October 6.

when a year oici giri. i.n; nan, brought in on an ambulance in the throes of diptherla. Only the urgency of her case had brought her there, for should have been taken In the ordinary course to the Park Hospital, Hither Green, miles' distant. One glance shower! Nurse Murray that It was a matter of seconds; the child was struggling and choking for breath. I'nless tracheotomy was performed quickly the child would die.

The nurfe was herself an invalid. She had recently undergone two operations at St Bartholomew's Hospital for Internal injury, and w-as by no means strong. She did not hesitate. Time was everything. She lifted the heavy and struggling child and ran with her up hill a long distance to the operating theater at the end of the wards.

When she arrived with her living burden. Nurse Murray, who had been severely kicked by the child on the way, was In a state of collapse. The operation, however, was performed In time and Lily Hall Is now running about. Nurse Murray, who has been twelve years in the service of the board, is, however. permanently Injured and has been declared unlit for further service as a nurse.

Saved the Country $145,000,000. Coghlan McLean McHardy. who was known as "the man who revolutionized the Admiralty," died recently in London at the age of 70. Mr. McHardy 'was secretary to the Controller of the Navy, and In 1862 he propounded a scheme for the complete reorganization of the staff of the department.

The scheme was adopted in Its entirety and in the same year he classified all the naval models at the Admiralty and had them removed to the Naval College at Greenwich. Early In his service he was instrumental In introducing the copying press into government offices and later his work in reducing the unnecessary stocks and weeding out obsolete articles was estimated to have saved the country $145,000,000 by the time he retired In 1889. London's 1908 Fire Record. Statements as to the work of the London Fire Brigade during 1908, compiled from the official records, have Just been issued. During the vear the firemen answered 5,186 calls, including false alarms and chimney fires.

The greatest number or calls received In one day was thirty-seven, on Christmas Day, and the lowest two, on New Year's Iay. The busiest months were January and March, when 584 and 513 calls were attended respectively. There were forty-four lives lost during the year at fires, and thirty-six persons who were taken out of burning buildings alive by the firemen succumbed subsequently. A Vicar 94 Years Old. The Rev.

W. W. Wlngfleld, who was born in 1814, and who has Just entered the seventieth year of his vlcarate of Gulval, Penzance, was an Invalid when he was appointed to Gulval In 1X39. and he tells with glee how Lord Cottenham, then chancellor, chaffed him Boon after his ar rival concerning several applications for the living, on the ground that the new vicar could not possibly live long. Mr.

Wlngfleld, at 94, has still an upright figure, has the clear complexion of health, bright, piercing eyes, and hair that has not yet turned from gray to snowy white. He does not believe In "systems of living or that sort of thing," but "lives as ordinary people do." He Is not In bed at night until 11, and rises before 8. "I eat as much as Is good for an old man;" he says. "I don't take so much as younger people, but then I don't want it. "One doesn't take so much exorcise, and therefore wastes less.

1 touch no wine but champagne, and sometimes, when tired, I have a limited quantity of whisky and water." Mr. Wlngfleld believes cigarettes to be the worst thing in the world. He was, however, a smoker In early years, and only gave it up after a hard struggle-on medical advice. His healthy old age he attributes to the genial climate of Mounts Bay and to the uniform consideration of his parishioners. English Victims of "Whistitis." An epidemic of "progressive whistitis is sweeping London and running through tho country from end to end.

There has been nothing so prevalent since the influenza scourge. Everyone has had it, or is about to have it. The ping-pong panic has been left far behind. The outbreak at York, where a thousand were seized with "whistitis" In a night, is only one Indication of the grip it has obtained. Every town and village and the outermost suburbs are In the throes.

Congregations of churches and chapels, the staid employes of leading banks and Insurance offices, the elite of Balham, and the hardworking young men and maidens of Newington Butts are all spending their evenings trumping their partners' tricks. London is to have the largest "progressive whist saloon" In the world. It is already being built close to St. George's Circus, and will be known as the King's Hall. The building has been planned by W.

F. Hurndall of the City School of Dancing, who was the first to bring the delights of public progressive whist before South Londoners. Fourteen hundred eager whist players will be- able to sit down simultaneously to a more or less "quiet rubber" In the King's Hall. Socially the whist drives have been highly successful. The small private party had its limitations, but the public drive admission 1 shilling and upward has made thousands of fresh friendships In town and suburbs.

Some of the happiest of recent weddings have been entirely due to love at first sight at whist drives. Edwin has met Angelina at the whist table, introduced by a white-fronted M. C. He has cut "hearts," and the rest has been simple. Silver-haired clergymen have beamed over their spectacles at happy parish-loners playing In the church hall in aid of missions for the benighted heathen who know of no other cards than "clubs." Solo whist' on progressive lines Is also widely played, and progressive cribbage is declared to be on Its way.

METZ RESIGNS AN OFFICE. Too Busy to Remain a Vice President of the Brooklyn Democratic Cluh. Herman A. Metz has written a letter to Alonzo G. McLaughlin, president of the Brooklyn Democratic Club, in which he resigns as vice president of that organization.

Mr. Metz says he does not think it fair to hold the office without giving any attention to its duties, and that his time is so taken up with the city's business that he has none for the club. He says his interest in the club and the principles for which it stnnds is undiminished. The Brooklyn Democratic Club haB only six vice presidents left. EMPLOYES ANNUAL BALL.

The disagreeable weather did not prevent a large gathering from attending the annual ball of the Progressive Mutual Loan Association, composed of employes of Robert Gair, which was held last night at Teutonia Hall, Harrison avenue and Bartlett street. The hall was handsomely decorated with American ffags. Efficient committees were on hand to look after the guests. The officers of the association are: C. Lynch, president; V.

Lenahan, vice president; A. Smith, treasurer; J. Pentecost, financial secretary, and A. Hogan, recording secretary. it is of to by Buying iano HERE'S only one tafe plan to follow in buy-ins a piano.

Go to a liable house one known for ill clean method place your self in the hands of a competent salesman and be governed by his advice. Our business was established in 1834 on the solid rock of integrity wt quote the lowest possible prices on pianos of Quality and extend the most liberal service. On these principles we solicit your patronage. F. Smith, Mf r.

BROOKLYN JSALKSROOMfli Fulton St. 774-782 Fulton St Headway. Xew York Fartorlewt Snlenrounim 774-72 Fulton st. H'klyn 142 Fifth av. 1 Ieominster.

Mam. PROBE FOR ERIE COURTS Investigating Committee's Next Session in Buffalo. Testimony on Some of the Things Tlat Are Lacking in Court3 in Manhattan. Following the adjournment yesterday afternoon of the legislative committee which Is Investigating the lower criminal courts of this city, announcement was made that the next session would be held on Thursday at Buffalo, where an Inquiry will be hold Into the courts of Erie County. Magistrate House was on the stand when the hearing was adjourned yesterday in Manhattan, and it Is understood that he will be recalled at the resumption of the hearings in this city in about three week.

Peter A.Mallon, warden In the Department of Corrections, was the first witness called yesterday. His testimony was confined to messengers in tbe prUons. Mal-jon admitted that notices posted in the prisons reading, "Telephone message, 25 cents; telegraph messages, actual cost," were misleading, as the messengers charged 25 cents for their services In addition to the tolls. When questioned as to Whether he believed that If the messengers were made city employes the charges would be reduced, he replied that 3io thought this more would demoralize the service entirely and the Department (bf Corrections would then have no JurlB-diotton over them. Mallon was also op-i posed to the idea of having messages cent free.

William E. Murphy, one of the four members of the Legal Bureau of the police Department and a policeman himself, said that, from hie experience in the courts, policemen were not experts on evidence. Every policeman, he said, needed advice in arraigning prisoners charged with a serious crime. Recently, Murphy said, his efforts had been directed toward endeavoring to cancel licenses of alleged disorderly houses vhlch have liquor licenses. These cases', fre said, were very technical ones and tilways necessitated the aid of a lawyer.

jMaln clothes men, he said, should be itiven a training in legal matters. Former Attorney General Julius. I.Iayer, counsel for the commission, then questioned the policeman-lawyer about "women of the street. A woman, he said, could not be convicted without direct proof that she had been soliciting, and lie said thai ha a law should tie passed allowing the sentencing of notorious women to the workhouse when they were found out on the streets at a late hour. William M.

Fuller, deputy clerk of the Court of Special Sessions, the next witness, said that his court needed three more process servers, a denutv clerk, one or two assistants, an additional inter preter and another stenographer. The Viurt, he said, was self-supporting, and Ifcese additions, he believed, should be granted. 1 Mr. Mayer closely questioned Secretary (Philip M. Bloeh of the Board of Magistrates about discharges from the work-toouse.

Magistrate House, Bloch said, fjvas the only magistrate who indorsed ho discharge papers with the reasons his action, and that this in lorsement ''(was unnecessary. The secretary favored the Idea of setting aside two courts, one (uptown and the other downtown, for the (purpose of hearing family troubles. 1 Magistrate House, the last witness of (the day, was confined In his testimony (to tne condition of the courts. He characterized the Jefferson Market Court as Intolerable," and said that the pens for Tne prisoners were too small. In the Biarlem Court, he said that a room was jneeded for private examinations, and the Kssex Market Court lacked the same fining.

In the Harlem Court, he said, the Snrrangements were bad, for prisoners had 10 be taken out into the open air and Vthat they had every opportunity to attack a policeman. Following the adjournment of the hearing, the committee went to Senator Alfred It. Page's office, where the evidence taken during the week was gone over and summarized. TEDDY DONATES PORTRAIT, Making Two of the President In Possession of Long Island K. Y.

M. C. A. Members of the Long Island Railroad y. M.

C. A. are happy over the receipt of three portraits which are to adorn the new $100,000 building in Long Island City. Two of the portraits are of President Koosevelt and one of Mrs. Sage.

One of the portraits is a gift from the President. One of the portraits of President Roosevelt, which Is life size, and a three-quarter size portrait of Mrs. Sage, both painted' by the artist, W. D. Murphy, have been loaned for an indefinite period toy a friend of the association.

Murphy is the artist who has just finished a por- trnit nf Admiral Hnvcv wTitr.h la Capitol at Washington. He has I painted portraits of many of the heads of the United States government at Vashington. This portrait of Roosevelt painted aB the result of a special commission from the President. It is a yery striking likeness. President Roosevelt has long been a iriend of too members of the association, having become personally acquainted with a number of them on his trips to and from his home at Oyster Bay.

To show his appreciation he sent 1o Secretary A. K. Hicks a portrait which is a steel engraving of Sidney Smith. Below the portrait is a reproduction of the Boosevelf coat of arms. The autograph of the President is below the coat of firms.

yesterday the annual meeting of the E-tation agents of the Long Island Railroad was held at the Y. M. C. A. Building.

There were eighty-five present. Following the discussions a banquet was nerved In th? large auditorium. Next Saturday an equal number of the agents will be similarly entertained. WILL REPOr.T DREW BILL. Sacramento.

January 30 The Assembly Judiciary Committee, to which was referred A. M. Drew's new antl-allen land hill, eliminating the clause objected to by President Roosevelt as discriminating against the Japanese, decided late to-day to report the nieasi; faYi on es- Magistrate Discusses Various Forms of the Terpsichorean Art Including "Waddles." 'IT WAS A WALK," HE SAYS, Dismisses Cafes Against Performers and Manager of the Fulton Theater. When Is a dance not a dance? When It Is a walk, says Magistrate Henry J. Furlong.

At least that is nhout what many understood who heard his decision In the Oates avenue court the other day. when he disposed of the cases of William and Evelyn Hasan, arrested for dancing on a Sunday in the Fulton Theater, and that of Manager William Trimbone. charged i with having permitted the dancing in violation of law. The decision was a- novel one, reached, apparently, after considerable mental effort to draw the fine line between what constitutes a dance Btep and what a walk, and was listened to with much interest. The court admitted It had delved In the works of poets, consulted dictionaries and this, after watching the graceful efforts of a dancing expert with thirty years' experience.

And here Is the result: "I have examined the evidence In this natter and 1 find that the sole question to bo determined is whether or not a lance was exhibited at the Fulton Tho-iter on the Sabbath day, as alleged in Ihe complaint. Section 277 of the Penal Code prohibits among other things the performance 'any tragedy, comedy, opera, ballet, farce, negro minstrelsy, negro or other dancing. "We have had a quantity of interesting evidence given as to what this particular portion of the exhibition consisted of, Tho Peoplo, by the officers, testify that It was a dance, but that the officer is not familiar, as he testifies, with stage lancing, while on the other hand, both defendants and an (Xpert testify that this was in no wise a dance, but was a stuge performance In the nature rather of a walk. "Now I have searched with some degree of diligence the exact meaning of what a dance Is. and when a dance ceases to be such and becomes a walk, or a walk ceases to be such and becomes a dance, and I And that according to the Century Dictionary, Volume II.

a dance is a 'leaping or springing with regular or Irregular steps as an expression of some emotion; to move or act qulverlng-ly from excitement' with a number of sub-headings, among which are, 'to move the body or feet rhythmically to music either by oneself or with a partner or In a set; to perform a series of cadenced or rythmic I have observed al3o a quotation from Tennyson: 'All my blood danced in me, and I knew 'That I should light upon the Holy obviously a different kind of dance altogether. "1 think from my observation of this Section 277 of the Penal Code, that the words 'negro or other dancing." rather includes such as Scotch reels, highland (lings. Irish Jigs, negro breakdowns, sailors hornpipe, French can-can, modern Salome, ballet and various other dauceB; and I find that this so-called dance which the officers say was at the conclusion of some song in effect, 'Won't you Walk in the Park With was a species of walk where they take hands and in a waddling or elegant movement pass from one aide of the Btage to the other, turn around and go back to the other side. Now I don't believe for a minute that the officer who was on duty there. If he had Been any violation of tho law, would have omitted to stop the show, as he was In the wings of the stage of the theater in question, placed there for tho specific purpose of observing any violation of the law, and yet he made no arrest; but on the contrary, there Is some testimony that he did have conversation with some of the defendants about their act.

"I am Inclined to give the benefit of this doubt to the defendants; I don't be lieve this was a dance; I believe It was a walk, more or less elegant in form, and holding that opinion of course there sn much use going on with the case of the People against William Trimbone. "Defendants William and Evelyn Hagan "Case of William Trimbone dismissed on motion." discharged. ADELMANN FUNERAL SERVICES Funeral services over the remains of John J. Adelmann. the well known real J.

J. Adelmann. estate operator, who died Friday, of pneumonia at his home 690 Bushwlck avenue, will be held to-night at his late home at 7:30 o'clock. TYPHOID IS DECREASING. Health Department Expert Gives Comforting Assurances of Lessening Danger, but With a Warning.

Deaths from typhoid fever are steadily on the decrease, the lowest mortality from this pernicious disease being witnessed during the 1908. In 1907 the cases of typhoid brought to the notice of the Board of Health totalled 2.387. with 372 deaths, but in 1908 a decrease, which is a record one, of 116 deaths was registered and only 1,55 casee were re- ported. Dr. L.

W. Hubbard of the com- municablf disease div.sion of the Health uepartment yesieroay saia: "As you will are from the figures. 1908 witnessed the lowest death rate on record, and while perhaps some people may attribute this to accident, yet we hope that it is the result of the wide distri bution of Information concerning the pre vention of disease, and our endeavors to impress upon the public the important 'ay ot which, nuer an the main factor In preventing the spread of contagious disease. "We havp also Bent out hroartcnRt llt- erature warning people to be extromely careful of food, as germs are often taken keep the water pure. "The low prevalence follows on the low death rate, and this may be partly accounted for by the fact that no epidemic I took place during last year." The sum of was recently appro- priated for a relief station in the Green-point section and it Is declared the tim- has arrived for the citizens of the Thri 21 tieth Ward In frt.

PLAN SEEMS SURETO SUCCEED Idea Is to Create a Semi-Independent Nation Under the British Flag. London. January 30 The British do-i mains of South Africa, so recently the scene of bitter war between English and Dutch, are now the stage of a movement for unity which promises to be one of the most remarkable reconciliations in 'history and to add to the British empire great federation ranking almost with I Australia and Canada in Importance. Representatives of four colonic? the Transvaal. Cape Colony, Natal and the Orange River State have beea in conference for several weeks, attempting to form a plan of union.

The conference which is called the Closer I'nioa Convention, met first at Durban and afterward at Capetown, where its sessions are now being held. Cecil Rhodes probably had little thought, before he died, that within ten years after the destruction of Dutch in dependence in Africa a company domlu ated by such hostile spirits as Dr. Jatnu' son, who led the raid which kindled smoldering hostilities into war; President Steyn of tu State, which lout the appellation' "free" by that war. and two great Boer generals, Botha and Dewet, would be conierring amiably In his house, Oroot Schuur, for the purpose of welding the Dutch and Uitlandcrs. into a serai Independent nation under the British flag.

More noteworthy still seems the fact, proclaimed by the English presj, that their proceedings throughout have been marked by singular harmony an.l are likely to be concluded with success. General Botha, at one of the numerous social "love Incidental to the congress, said they bad met to consider' "First, how South Africans can most benefit the great empire to which we are proud to belong, and, Becond, how we can benefit South Africa," and he concluded earnestly: "The people have a great opportunity for saying whether they will go forward aB one, or as different peoples." Another year will elapse before the South African Union can become a fact, If the delegates succeed in devising a workable form of government. After the convention has agreed upon the bill first presented by the delegates from the Transvaal, which is in the form of a constitution, the plan must be submitted to tbe parliaments of the four states, and then will be put before the people for the test of a popular vote. Probably the convention will reassemble then to consider amendments that may have been made to tbe original constitution and these amendments must again be passed upon by the people and parliaments. After that a ratifying act by the imperial parliament at Westminster and the signature of the king will be necessary to bring the new government into, being.

Some time in the course of the year a delegation from the congress will visit London to consider the measure with the Colonial Office and members of Parliament. Thus far the proceedings have been secret. The form of government predicted is a compromise between unification and federation. MoBt of the delegates prefer something approaching the Canadian plan of unification rather than a federation on the Australian system. The present boundaries of the four colonies will be abolished and they will be redivided into six states for local control by single chamber legislatures whose powers will be explicitly defined.

All powers of government not conferred upon the local legislatures will be exercised by the central parliament having an upper and lower house. The two most Important political questions before the congress on which there are differences concern the franchise and the status of the natives. Apart from these, however, there loom3 a rock of discord against which the union is most likely to be wrecked, if it is wrecked at all. That is the selection of a capital. Local Interest and jealousies come strongly into play over this question.

Pretoria and Capetown are strong rivals. The inhabitants of each stato consider the possession of the capital indispensable to the success of the proposed union. Some politicians and financiers in both countries threaten to wreck the whole project unless tho capital Is given to them. One of the arguments used against Capetown Is the difficulty of getting busy men from tho remoter parts to go there, while the English contingent fears the domination of the Dutch language and traditions at Pretoria. By way of compromise some members of the conference suggest that the selection be postponed entirely until the new constitution has been adopted.

Great difficulty Is presented in devising a uniform franchise for colonies whose populations and customs are different. Natives have the franchise in Cape Colony and the principal men of the colony wish them to keep it. The other colonists object, although some are willing to confer the vote on really civilized natives. It appears likely that each section may adhere to its own customs. The natives of the Transvaal have presented a petition lor the franchise, comparing their status with that of the natives of the Cape and arguing that as they pay a large share of the taxes they should have full political privileges.

Many questions yet remain to be settled before the union can be cemented. Its promoters have to learn yet exactly how far the British Government will go in the direction of surrendering Its close control of crown colonies. Some sections of the local population fear In creased expense and look apprehensive ly upon the prospact of bearing the cost of their own defense. But these ques tions are matters of detail beside the vital fact that the leaders of both races are enthusiastic for a closer union on the basis of nationality, and as nearly as practicable of independent nationality. Beggar With a Private Fortune.

Annie Rives Henshall. who was recently In court at Birmingham, charged with begging, waa shown to hold a life In terest In about $5,000, under marriage settlements. She had gone out with her 8-year-old child. Particulars were laid before the court of the woman's resources, from which It appeared she was entitled for life to the Interest of $1,050 in Mersey Dock stock, $1,070 In Cambrian Railway Debentures, and $1,835 In Cambrian Railway Debentures, the capital passing at her death to her children. The net income of the settled estate was something over $140.

The child was sent to an Industrial school, and the case against the mother adjourned to give her an opportunity of amending her ways. Had letter From King; lost It. A curious incident has followed tho ripnrh at Morth.i mnton nf Richard Tlnrffo a Crimean veteran nothing less than the loss of a letter from the King. The let ter from his majesty acknowledged receipt of a photograph of four Northampton Crimean veterans, and was sent to Burge as the oldest of the quartet. When Burge died his niece found his medals stored away, but not the King's letter, which should now belong to Crimean Veteran Dunkley, the next oldest in the photo.

Burge prized the letter Bo much that it is thought he may have hidden it. Exiled Son's Sad Return. A curious funeral episode was reported from Liverpool a few days ago. a Bon who had not been Been nor heard of for twenty-seven years turning up just in i time for father's Interment. The fa- 19 the npcrtu nf ll, oo on i IN CELLAR Policeman Hammond's Hard Luck Story to His Friends.

He's Looking for the Man Who Pat the Evil Handicap on Him. "Sammy" Hammond, as he his intimates, but in the police department as Lieutenant Saiuiici the possessor of a fine but If the person or persons who sent the bird to him can be located is safe to say there will be doings. Hammond, according to many of his friends and ac- qiiaintances. is superstitious to a marked ioree- never did see anything nice eagles, peacocks and the lik. and (was often heard to say they were sure sigus of hard luck.

Hammond had often remarked that this is a sad, cruel world, and that the good lurk in the universe has not been distributed equally. of his friends discovered Hammond weakness and never missed an opportunity to begin a discussion on the meaa ways of the world. When Hammond was relieved from duty yesterday he went to his home at Eighteenth avenue and Sixty-fifth street and prepared for a rulet day at home. had occasion to go down cellar during the day and when the folks upstairs heard unusual noises below they hastened invest. gate, it was claimed that some tude.

He spoke only when Bpokcn to and as tne men passed in and out or the station house during the early hours mornine- they thought they raw a look of misery across the face of tho lieutenant behind the desk. Word was sent to the police station early to-dav that some person or persons had placed an eagle In the Hammond cellar. When the lieutenant was npproachel and asked to tell what he knew of the bird he waved all his questioners aside and departed for his home. It was said that when the snow melts many eagle feathers will be seen on the Hammond lawn, and that evidences of a battle doT.n cellar may be found If a visit bo made. Hammond admitted late to-day that some one had placed an eagle In noHnr Ho refused to discuss the matter further, but as he entered hi home he was heard to remark that this is a sad, cruel world.

JAP AND ESKIMO FIGHT. Former Reflected on Latter's Nation, and Long Battle Ensued. San Francisco, January .10 A heated controversy over the relative merits of their respective government! between a and an Alaskan Eskimo led to a 0e.3ieriH. HSUC utmrru i i r. board the revenue cutter McCulloch, where both are employed.

The Japanese tauntod the Eskimo with being a son of a flagleBs nation and the reBtilt was a fight which laBted for hours before the combatants werj i p-arated. The Japanese was badly tattered. He was fined half a month's pay (or applying epithets to the United States. i lone had placed an eagle In the Hatn-Ing the larceny of J4.000, but In reality, mond No onc hft6 (ouaJ designed to bring B. F.

Morris, a young I wno will volunteer to tell what hap-attorney of New Vork. to the bedside pened when Hammond entered the ol-of his dying mother, was sworn ou: here 1 He left home soon after he emerged to-dav I 'rom the cellar, and was gone all day. I He reported at the Coney Island station Morns will not prosecuted." explained i houge for reg-ular ani1 lt was ueorge n. roiwen, anoincr iorKnoIced he was inclined to extreme soli- who made the application to the I court. "He is charged with taking $4,000 from his mother, but she Is believed to be dying and her one desire is to see ner ooy oeiore it is too late.

Is a warrant necessary in the circumstances?" asked the Judge. "I am sure It Is; he would be too ashamed to visit her. We mu.t make answered M-. FolweM. Tho paper was accordingly issued and search for Morris begun.

CHURCH TO MANAGE PROPERTY, Care cf It Too Much for W. Ewbanks. William H. Ewbanks, aged philanthrop- ib. his propeny tjj muc lor his occhn.ng year and he has calied lo his ass.

stance the rector and vestry of St. Georges Church of that place. Ho has u.Kcd them to collect tne rents of, and make the necessary repa.rs to a large business block valued at ou Main street, in tho heart of tie busiues section of the town. He deeded the block to the church thirteen years ngo. The proceeds of the propeny, according the stipulation of Mr.

b-ubanki. are to go to him during lite, but at Ilia c.ea.h tho property wnl pass Sit. George 3 parish. Mr. Ewbanks is one of the best known residents of Flushing.

Ho was born in England, 85 years ago. His father made a fortune in oil and at his death left bis son a comfortable fortune. The Rev. H. Waller is rector of St.

George's parish. I Buffalo. January 30-At St. matter that requires the most careful in-Joseph's Cathedral. Buffalo, this week, vestigation is drinking water, and we are Miss BeBsie F.

Keenan of Brooklyn be- always examln ng the Croton watershed to came the bride of William B. Dunn of insure that evry precaution is takon to Buffalo. The bride was gowned In white satin. Mrs. Winifred McGovern of Silver Creek was the bride's attendant.

Mr. and Mrs. Dunn are on a Western honeymoon trip..