The Brooklyn Daily Eagle from Brooklyn, New York • Page 2

THE BROOKLYN DAILY EAGLE. NEW YORK, TUESDAY, 'APRIL 20, 1915. year 52d years RAVEN-MALL I CONEY ISLAND Adjoining Steeplechase Park Opens May 1st Fifty-Second Year 152d year 52d year in such munitions and that a note to that effect from the German Government was on file in the State Department. was cabled to the them, other side and there is reason to bethe note made public by von Bernstorff recently was drawn up by the German Government and started toward this side within three At any rate, it is alleged on apparently good authority that the note was held up by von Bernstorff for two months before it was presented to the State Departmenio that he did this in the hope that the United States Government and United States public opinion would veer toward what he thinks be more nearly a neutral attitude. There is reason to believe that the German Government repeatedly urged Von Bernstorff to present this note and that he held off until his last hope in a change in this country was gone.

RUMORS OF GENERAL PEACE IN EUROPE PERSIST IN ROME Rome, April 20-Within the past twenty-four hours there have arisen in Rome persistent reports that the grave international questions confronting Italy may be solved in the near future by what at first sight seems. almost incredible, the conclusion of a general peace in Europe at a distant date. Whiles these reports are intangible and cannot at present be ascribed to definite source, they, nevertheless. are reflected in high quarters, and they are given heed by careful observers of international politics. Among other reasons in support of this, the argument is offered that Rome is an excellent fleld for the conduct of negotiations of this nature; Prince von Buelow, one of the ablest of German diplomats, is in Rome as Ambassador to Italy, and the official relations between Italy and Germany, as well as between Italy and the Powers of the Triple Entente, are cordial.

In certain quarters in Rome the idea prevails that the advent of spring has not seen such resumption of aggressive hostilities as had been promised, a fact regarded as significant. Announcement of Bulgaria's Attitude Awaited With Keen Interest. Sofia is being regarded with much interest just at present. Efforts are being made by represenatives of the belligerents to induce King Ferdinand to announce his decision. The importance of the attitude of Bulgaria is recognized fully in Rome.

Should she side with the Teutonic allies it would be difficult for Roumania to make war upon Austria-Hungary, for she would then be subject to attack Bulgaria as well as by Turkish troops coming through Bulgarian territory. In this connection a prominent diplomat said today: "Once more the fate of the Balkans in the hands of Bulgaria. Indeed, this time her decision may have great weight the general development of the war." Time for Consideration of Austrian Proposals by Italy Expires Today, Paris, April 20-Italy some time ago Axed April 20. as the latest date for the consideration of any proposals Austria might wish to make, according to a report current in Rome, says dispatch from the Figaro's correspondent. de Macchio, the Austrian Ambassador, already has given notice embassy servants who now are paid daily, it is said, and the same is true of the payment of tradesmen's bills for goods supplied the embassy.

The Figaro's dispatch declares it is stated in Vatican circles that the visit made to the Pope a few days ago by Prince von Buelow, the German Ambassador, was to bid farewell to the Pontiff as the diplomat believes his departure from Rome is imminent. SWISS ARMY IS READY TO DEFEND NEUTRALITY Rome, April 19 (via Paris, April 20)-Ulrich Wills, commander of the Swiss army, is quoted in an interview in the Tribuna as declaring his country's military forces must be kept mobilized. Although no other Power at present threatens Switzerland, he said, an incident might occur on the frontier at any time which would compel the Swiss to enforce their rights and their neutrality. After describing the military zation of Switzerland, Colonel Wills closed the interview by saying: "Supposing as a mere hypothesis that anyone wished to violate our neutrality; they first must crush us." EMDEN'S FIRST OFFICER RECEIVES A GOLD MEDAL Berlin, April 20 (by wireless to Sayville, L. the news items given out to -day by the Overseas News Agency is the following: "The Hamburg Steam Navigation Soclety has given a gold medal to Lieutenant Commander Von Muecke, first officer of the German cruiser Emden, who at the 1 head of a detail of men escaped from Cocos Island when the party safely to Hodeida, Arabia." Emden was destroyed, and a brought his SWITZERLAND INVOKES U.S.

AID TO GET SUPPLIES Washington, April 20-Dr. Paul Ritter, the Swiss Minister, today presented to the State Department a copy of a protest his government has made to the Allies against interference with shipping of products into Switzerland. Minister stated that his country is The becoming more isolated as a result of its inability to import goods and that he was seeking the co-operation of the United States, especially in regard to goods manufactured in this country. Secretary Bryan said the protest was the first, he believed, lodged by Switzerland. He was unable to give the Minister any assurance that anything could be accomplished to relieve the situation.

The Secretary refused to discuss details of the protest. WHITMAN WILL SIGN MARCINAL R. R. BILL, POUNDS IS CONFIDENT Commissioner Kracke Is Also Confident That Governor Favors Measure. NO REAL OPPOSITION TO IT.

Brooklynites Who Appeared at the Hearing Confident That That Borough Will Get Road. Brooklynites who appeared before Governor Whitman, at Albany yesterday, at the hearing on Marginal Railroad Bill, were unanimous to-day in the opinion that the Governor would sign the measure. the the Borough President Pounds, who headed the delegation that went up to the capital, was most enthusiastic of them all. He had a private talk with the Governor after the hearing was closed, and from what ensued, he made the confident prediction to-day that the bill was sure to be signed. "The Governor congratulated me," said Mr.

Pounds, "on the splendid showing made by the speakers in favor of the bill, and said that he was favorably impressed by their arguments. It seemed to me I could put no other construction on his words but that he intended to place his signature to the bill, and make it a law. "As a matter of fact," continued the Borough's head, "there were no real interests represented against the bill." Kracke Confident That Governor Will Sign the Bill. Bridge Commissioner Kracke also talked with the Governor after the hearing, and he, too, was made confident of the outcome by what the Governor told him. "I told the Governor," said the Bridge Commissioner upon his return today, "that if there was any doubt in his mind upon any of the points which we of Brooklyn tried to bring out in behalf of the bill, I would personally have a brief prepared to clear 'Thank you very Mr.

Whitup, situation. man me, 'but that will not be necessary. think I appreciate the situation The commissioner expressed the opinion that it was the most impressive gathering of Brooklyn citizens of standing and importance that he had ever seen pushing a bill at Albany. This was heartily indorsed by Congressman Frederick W. Rowe, who was also present.

He, too, believed the bill would be signed. Arnold Furst, another of the delegation, said it was reported on the train coming down that the Governor had told one of the supporters of the bill "not to worry." Commodore Fred B. Dalzell, who represented maritime interests at the hearing, said that he was impressed with the fact chain not a single opponent of the questioned the feasibility or necessity of the marginal railroad, basing their only serious objection on the fear that the city would involve itself in the expenditure of too much money in starting the enterprise. The Commodore expressed the opinion that there was no question about the Board of Estimate proceeding until the city's finances will warrant it. The opposition, in the opinion of Commissioner Kracke, was composed solely of men who had been marshaled by Assemblyman Burr and William R.

Hearst's representative, H. R. Limburg. Those at the hearing said today that the only time the Governor seemed impressed by the opposition was when W. E.

Youker of the Citizens Union announced that that body was against the bill. When President Pounds brought out that the Citizens Union had never taken any action on the bill, that Mr. Youker spoke solely for a committee, and that its president knew nothing even of the committee's action, the Governor paid no more serious attention to this point. Whitman Was, Deeply Impressed by Arguments in. Favor of Bill.

(Special to The Eagle.) Albany, April Whitman will sign the Cullen marginal railway bill." This was the distinct impression of those who attended the hearing on the measure before the Governor yesterday afternoon. He was deeply impressed by the arguments of those in favor of it and intiinated broadly to some of those interested that they had presented a "very strong case." The only point raised by the opposition that necessitated careful answer by the proponents was H. R. Limburg's declaration that the law as at present drawn might preclude the Public Service Commission from jurisdiction over the issuance and sale of securities of a company operating the terminal road proposed under the bill, but ex-Judge Morgan J. O'Brien answered this to the complete satisfaction of Mr.

Whitman. "In 1913," said Judge O'Brien, "an amendment was added the Cullen act of 1911 stating that nothing in the law shall be construed to interfere with the jurisdiction of the Public Service Commission in any way, and the present amendment (this bill) to the same law says nothing to the contrary, leaving that last amendment in full force." Governor Whitman appeared to be perfectly satisfied with this answer. Frank S. Gardner of the New York Board of Transportation, Senator Thomas H. Cullen, former State Senator Charles H.

Fuller, E. H. Outerbridge of the Merchants Association and several others made strong appeals for the bill. C. H.

Callaghan, Fred B. Dalzell and Charles F. Murphy Advocate Measure. C. H.

Callaghan and Commodore Fred B. Dalzell represented Maritime Association of New York in favor of the bill, and Undersheriff Charles F. Murphy spoke in tavor of the bill in behalf of the Prospect Heights and Central Citizens associations. Guy DuVal, representing the Brooklyn Heights organization, appeared in the unique role of an advocate of the bill from the only section of Brooklyn that will suffer in any way by the building of the railroad. Mr.

Du Val represented an organization of men HONOR ROLL COUPON Brooklyn Daily Eagle: This is to certify that of P. S. Grade was on The Eagle Honor Roll published April 20, 1915. Teacher. STUART HULL MOORE WHO DIED SUNDAY Funeral services for Stuart Hull Moore, prominent publisher and clubman and member of one of the oldest familles, sixty-first on Long year, Island, Sunday, who at died his in winter home, in Pasadena, will be conducted on Saturday evening at the Tompkins Avenue de Congregational Church, Tompkins avenue and McDonough street, by the pastor, the Rev.

Dr. N. McGee Waters. Mrs. Moore is leaving Pasadena today with the body and is expected to arrive here on Saturday afternoon.

Eliot Drake Moore, president of the Press, a son, will meet his mother at Chicago. Although no definite announcement has been made as yet it is more than probable that a funeral service also will be held on Sunday at the church at Cutchogue, the village where Mr. Moore was born on April 26, 1854. who live principally on the Heights overlooking Furman street, along which the road will run, and their property will be injured slightly because of the noise and annoyance of the trains. "I am for the bill," said Mr.

Du Val, "from a thoroughly unselfish standpoint. If it injures anyone it will injure me, because my property is where the quiet will be disturbed by the noise of trains on such a road. But I am supporting the bill because I believe that what little petty damage it does to me and mine will be a thousand times made up by the tremendous beneft that will accrue to Brooklyn generally from its operation and the advantages to manufacturing and commerce it will offer." OFFICIAL REPORTS THE GERMAN STATEMENT Berlin, April 20 (by wireless to Sayville, L. -German army headquarters. today gave out a report on the progress of hostilities, reading as follows: "German sapping attacks in the Champagne country made progress, while a French attack in the Argonnes, north of Le Four-de-Paris, resulted in failure.

"Between the Meuse and the Moselle yesterday witnessed isolated, but spirited, artillery exchanges. A French attack near Flirey broke down near Croix-des-Carmes. German troops entered the main positions of the enemy to the west of Avrecourt and stormed and re-occupied the village of Embermenil. "In the Vosges a French attack on Schillecker Heights resulted in failure, while the German advance on Hartmans-Wellerkopf gained about 100 yards. "On the eastern front the situation remains unchanged." THE FRENCH STATEMENT Paris, April 20 (via London, 2 p.m.)-The French War Office this afternoon gave out a report on the progress of hostilities, which reads as follows: "There have been particularly spirited artillery exchanges in the region of Soissons and in the sections of Rheims and the Argonnes; otherwise there is no news to give out." THE RUSSIAN STATEMENT Petrograd, April 20-The following statement was issued at the War Office today: "On April 17 a cannanade continued in the direction of the Black Sea coast.

The Russians in the region of Artwim are successfully progressing southward. No engagements reported on other parts of the front." BRITAIN FOR OPEN DOOR IN CHINA Sir Edward Grey in Speech in Parliament Defines Nation's Attitude. London, April 20-The preservation of the common interests of all the Powers in China by the insurance of the independence and the integrity of the Chinese Republic and the principle of equal opportunities for the commerce and industry of all nations in China, was declared by Sir Edward Grey, Foreign Secretary, to be the policy of the British Government in China. Sir Edward spoke in the House of Commons. He was asked a number of questions concerning the negotiations now going on between China and Japan, but replied that under the present conditions, while the negotiations were still proceeding, he was not able to make a detailed statement.

Speaking generally, however, declared that the policy of the British Government in China continued to be governed by the terms of the Anglo-Japanese agreement as defined above, and that the Government would endeavor to secure, to the best of its ability, an open door to British commerce in all parts of China. FOR ANOTHER YEAR'S LEASE. City Plan Is Not to Abandon Butler Street Court. Despite the fact that the present building, in which the Butler Street Magistrates Court is located, has been regarded as unfited for court house purposes, the lease is to be renewed by the city for another year, at the meeting of the Sinking Fund Commission tomorrow. This comes as a surprise, for it has been generally understood in Brooklyn, that at the expiration of the present lease, the Butler street court was to be abandoned by the Board of City Magistrates, and the divided, between the Adams street court and the Fifth avenue court.

PRESIDENT CHEERED BY NEW YORK CROWDS Thousands Hail Him Vociferously on Way From Station to Waldorf-Astoria. SPEAKERS AT A. P. LUNCHEON. Executive Accompanied by Daniels, Tumulty and Dr.

Grayson, With Big Police Escort, President Wilson arrived in the Pennsylvania Terminal shortly after 1 o'clock this afternoon, to attend the annual luncheon of the Associated Press, at the Waldorf-Astoria. He was loudly cheered by several hundred persons, who were gatherd at the Pennsylvania Railroad Station to greet him. Accompanying the President were Josephus Daniels, Secretary of the Navy; Dr. Cary Grayson, his private physician and military aid; Joseph P. Tumulty, his private secretary and official stenographer, and several secret service men.

The party was escorted to the freight elevator and to the concourse floor, preceded by the secret service men. They passed through a large throng to the avenue, where they boarded automobiles. A Police Department automobile, containing Lieutenant McMullen and several detectives, followed the two machines, and two mounted patrolmen rode at full speed in advance of the party, On the way to the hotel the Present waved his hat almost continuously to crowds along the streets. He was welcomed on his arrival at the luncheon by a committee of the Associated Press, while a crowd of several hundred persons cheered. The President smiled and doffed his silk hat.

President Wilson is the guest of honor or at the Associated Press luncheon in the hotel this afternoon. CLEAN SWEEP IN P.S.C. THEN SINGLE BOARD, SAYS PROBE REPORT (Continued From Page 1.) meet fully the requirements of the office, Governor of the State, under the provisions of the act, is charged with the full responsibility for the determination of the question of inefficiency on the part of a commissioner. That power was conferred on the Governor by the people of the State in order that it might be exercised promptly, effectively, and much more summarily than any other method that might have been provided." Call System of Two Commissions Illogical. Discussing the proposed change from a system of two independent commissions to a centralized body, the report says: "The commission as now constituted, consisting of two separate bodies of equal powers over like subject matter, jurisdictions territorially one State, is illogical and indefensible.

York is the only such a plan of divisional jurisdiction in regulatory control of public service utilities. committee found very ation single commission with siderable sentiment in favor or of the creState-wide jurisdiction, divided territorially, to include in one division New York, Bronx, Queens, Kings, Richmond, Westchester, Suffolk and Nassau counties; the other counties of the State to be included in a second division. The commission to consist of seven members; the Governor to designate one as chairman who shall be a citizen of the United States; three of the remaining commissioners, each of whom reside in the first-mentioned district, and the three remaining commissioners, each of whom shall second district. "The chairman to be the executive head of the commission, and have charge of all matters involving the exercise by the commission of judicial or quasi -judicial character, as well as matters of possible conflict of law or jurisdiction betwen the federal and State commissions. Two Additional Commissioners for Dual Transit Business.

"That during the subway construetion two additional commissioners be provided, who shall hold office during the pleasure of the Governor, and who shall devote their whole time and attention to the administration by the commission of the powers and duties heretofore conferred on the Board of Rapid Transit Commissioners, but now conferred upon and being exercised the First District Commission." This would mean, if carried into effect, that the administration of the whole subway construction work would be loaded on two men specially appointed for that particualr purpose, by the Governor and removable at his pleasure without the protection the present law gives public service commissioners. Senator George F. Thompson, chairman of the probe committee, without any reference to the recommendation in the report, introduced a last night to accomplish this scheme. It was referred to the Public Service Commission Committee of the Senate, of which he is chairman, but it is considered doubtful if it receives any serious attention this session, particularly in view of the fact that the committee itself asks that either it be continued for a year or a special commission be the appointed to make a thorough study of subject before the present law is radically amended. Continuing its discussion on of changes in the law, the report reads: "The committee found some sentiment in support of the suggestion to constitute the commission itself a judicial body as nearly as may be, clothed with the same dignity as our Supreme Court; the purely administrative affairs to be delegated to chiefs of bureaus appointed by the commission and over which the commission shall exercise supervising direction and control." In making recommendations to the safeguards that should be thrown around the selection of commissioner the report says: "Personal interest of members of the commission in properties of any utility subject to the jurisdiction of such a commission should be strictly forbidden.

The interest of the public should be further safeguarded against whatever evll consequences might flow from partisan political consideration both in the selection and conduct of members. To this purpose the law should provide proper limitations upon the appointing power to the end that the membership of the commission should be always on 8. non-partisan basis." STOCK EXCHANGE SEAT. A Stock Exchange membership sold Monday for $63,000, the record for the present movement. Friday a seat sold at $62,000, Thursday at $59,000.

BIG MOOSE ALARMED BY FUSION RUMORS Childs Will Attempt. to Clip Wings of Prentice and Others at Tonight's Meeting. PERKINS WILL BE SPEAKER. Roosevelt Group Said to See Insurgent Plan to Run Off With the Party. William Hamlin Childs will make an attempt at tonight's meeting of the Bull Moose County Committee to clip the wings of Westervelt Prentice and other Kings County leaders whose independent tendencies within the past few months are said to have caused considerable apprehension in circles close to Oyster Bay.

The Roosevelt group see in the actions of the "insurgents" an attempt to run off with the party. They fear the possibility of a Progressive-Democratic fusion. next fall, and are said to be ready to do everything in their power to hold the Kings County men in line. This is believed to be the real reason behind Child's announced intention to introduce a resolutton at tonight's meeting calling for the appointment of a committee on party policies. Mr.

Childs when. asked today if he still intended to offer such ar esolution, said that he was giving the matter earnest consideration. "The committee, if appointed," the said, "would decide what of the Progressive party In Kings is to be and would pass on all questions as they arise, before action is taken by either the County or Executive Committees, in order to see how that action would conform to party policy." One faction in the Kings County organization is reported to be in open sympathy. with a Democratic fusion next fall. Such leanings are regarded as little short of heresy by the big men in thep arty.

Regarding the attitude of these men, the leader said totod: "Those men are really Republicans at heart, and they are trying to do everything in their power to hold the party in line for the Republicans. The only reason they left Republican ranks, was because they saw an opportunity of electing Roosevelt, but now that the Colonel is out of the running they would be only too glad to go back to the G. O. P. They would drop the Progressive party if they could, but they find they have built up a dangerous machine and they are fearful lest it fall into dangerous hands." The question of the legality of the election of Westervelt Prentice, chairman, and the other officers will also brobably come up tonight.

George W. Perkins, National Committeeman from New York and chairman of the Executive Committee of the National Committee, will speak before the members of the County Committee tonight on the future of the Progressive party. It will be Mr. Perkins' Arst address before a Bull Moose gathering in Brooklyn. ROBS HIS EMPLOYER Charged with the larceny of $100 from his employer, John Diehl, forty years old, bookkeeper and cashier for Mayer Mandel, a wholesale meat dealer, of 203 Market street, Wallabout, admitted to-day that he had stolen somewhere in the neighborhood of $2,700.

was not sure of the exact amount, but he judged that the sum stated would cover the defalcation. Magistrate Folwell held him for the Grand Jury without bail. BIDS OPENED FOR PARKWAY SUBWAY Nineteen firms entered bids at the Public Service Commission today, for the construction of that part of Eastern parkway subway between the Prospect Park Plaza and Nostrand avenue, the unofficial figures showing the Intercontinental Construction Company, a Manhattan firm, the low bidder, at $2,734,000. The contracts call for a doubledecked subway under the parkwaya change made from the original plans in order to save about 1,000 elms that were threatened. The saving of the trees is a big victory for The Eagle and the civic interests of the borough that waged several months campaign last spring to have the commission change the plans.

It was a record breaking bid opening, bringing out more contractors than any previous subway contract. H. P. Converse Company of Manhattan was a close second at $2,810,000. The others ranged all the way up to $3,860,000, the figure submitted by Smith, Hauser MacIsaac.

The other firms which entered bids included Norton, Gorman Construction ComF. A. Gillespie Company, Bayly Hipkins, John J. Creen, Underpinning Foundation Company, Oscar Daniels, Arthur MacMullen, Newman. Carey of Brooklyn, Degnon Construction Company, Dock Construction Company, Charles Cooper and W.

A. Gahagan, both Brooklyn; Tidewater Building Company, Rodgers, Hagerty, E. E. Smith Construction Company and Mason and Hanger. RUFUS PERRY CLEARED The Grand Jury dismissed as unworthy of consideration the complaint against Rufus Lewis Perry, the colored lawyer, who was accused by Official Referee William D.

Dickey of signing his dead father's name to a deed for St. Mark's avenue property. While it was freely admitted by Lawyer Perry that he might have inadvertently fled a copy of the deed instead of the original, which was probably destroyed by accident, it was shown that the lawyer had sustained the property for many years by paying off mortgages, paying taxes and the upkeep charges so that members of his family, who were poor, might have the enjoyment of the property In that way he expended altogether about $40,000, it was shown. BISPHAM IN RECITAL. David Bispham came to the music hall of the Academy' under Institute auspices last night for his second concert this season.

audience that filled every seat heard him in a "'request programme." So many were the demands to him that people on the platform crowded the singer and his accompanist, Woodruff Rogers, to a corner of the stage. Mr. Bispham was in excellent voice, singing at the opening group of classical songs. Two old Scotch ballads, by Carl Loewe, "Tom Rhymer" and "Edward," were given. In contrast was Schumann's setting to Tom Moore's "Row Gently Here HEATING ECONOMY IS THE RESULT OF USING Richardann "Perfect" Fresh Air Prevent waste of fuel, waste of effort and waste of money.

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DAYTON MONTGOMERY, Inc. 63 FLATBUSH AVENUE Roofing Heating Plumbing Tiling No order too small to be neglected nor too large to be executed. ROOSEVELT CALLED; TELLS LIFE STORY (Continued From Page 1.) the manner in which Mr. Barnes and Colonel Roosevelt entered public life. While Mr.

Ivins was talking, Mr. Barnes arrived in court and took a seat at the table occupied his counsel. Break Occurred in Gubernatorial Campaign of 1910. "When did the interests of the. principals in this action being to diverge?" Mr.

Iving went on. "I'll tell you. It was during the gubernatorial campaign of 1910. We do not intend to go into that break just at this time. It is enough to say that a controversy arose over who would control the convention.

The result was that Colonel Roosevelt was the victor and he obtained control of the Republican party at that time. The Republican party, failed at the election, however. The Democratic party has been in power in this State from then until Governor Whitman was elected. "In 1912. the defendant left the marty and the details of the great campaign between Colonel Roosevelt, Mr.

Wilson and Mr. Taft are well known to you. Now, to show you how many people, had confidence in Colonel Roosevelt, more than 4,000,000 voters also, left Ivins the then party with discussed him." 'at some length the question of whether Colonel Roosevelt harbored any malice toward Mr. Barnes. "We intend to produce evidence here to show that he did hold malice by showing that libelous statements were issued by him.

over a period covering several years." Mr. Ivins dwelt upon the legality of the position as State Chairman Mrel Barnes occupied. He then went into an explanation of the last Gubernatorial campaign and read the statement upon which this suit is based. He then continued: "Are the allegations true or are they not? If they are, the plaintiff has no standing in this court. If the allegations are false, then it is the duty of you gentlemen to pass upon the question of damages.

In this connection I belleve the court will instruct that there is no privilege to defame any man." Calls Roosevelt "One of the Country's Greatest Historians." Mr. Iving referred to Colonel Roosevelt as "One of the country's greatest historians and authors." Then he. said: "I shall show you that with his trol of publications, at least 4,000,000 persons and probably more, had access to the newspapers of this country in which the statement was printed. Because he was the most powerful political and intellectual factor in the United States, he was able to secure wider publication of his remarks than any other citizen could. "Now he is here, and he will have to prove his own truthfulness to your satisfaction.

"In answer, the defendant admits he secured wide circulation for the statement complained of. As a just defense, he sets forth matter of justification, and then in general terms realleges the general statements in the original. complaint." At that point Justice Andrews interrupted to say that it was possible that some of the matter of defense might not be admited and that for that reason it would be unwise to discuss in detail the matter in the answer to the complaint. Mr. Ivins replied that he was prepared to object to any of the defenses set down in the answer being admitted.

He then ceased to discuss the document. Mr. Van Benschoten Opens Case for Colonel Roosevelt. Contrary to the plans, William H. Van Benschoten, of Colonel Roosevelt's legal staff, opened the defendant's case.

said, in part: "Mr. Ivins referred to the fact that yesterday was the anniversary of 'shot that was heard around and that shot was fired in the cause of liberty. It was fired as a protest against. corrupt. government in England.

"Colonel Roosevelt, having been a citizen of this State nearly all his life, certainly had a right to stand up and demand good, honest government. Counsel for the plaintiff said he would object to admitting the stated defense. That's the case in a nutshell. Colonel Roosevelt intends to prove the existence of bossism and corrupt government." Roosevelt's Counsel Quotes From Barnes' Own Newspaper. Coming down to 1914, counsel read a series of sentences dealing with corruption in the government of New York, such as in the prisons, the padding of payrolls; inferences of graft; stealing of public moneys, and so on.

The sentences he read, counsel said, were copied from the plaintiff's own newspaper, the Albany Journal. Counsel then read editorials from the same paper in which Colonel Roosevelt was lauded for his efforts cure clean politics and clean government. Mr. Ivins objected at that point to the line taken by counsel for Colonel Roosevelt, saying that it was a summing up instead of an opening. The objection was upheld.

Counsel went into all the intricate details of government and what he described as "Invisible government" at Albany. He was reminded several times by the Court to remember not to make a summation of the case. In concluding, counsel said: "On the facts we will present we will ask you to render a verdict which will say to all citizens who believe in honest and clean government as against bi-partisan machine rule, 'You! shall be protected to the full extent, of the law in efforts you may make, to secure and maintain the kind and character of government guaranteed to us by the Constitution and by the principles upon which this State and Nation are Roosevelt's Secretary the First Witness Called in the Case. John McGrath, Colonel Roosevelt's private offending secretary, statement, who was gave called out as the first witness. Mr.

McGrath told of giving the statement to newspaper correspondents at Colonel Roosevelt's home at Oyster Bay. Mr. Ivins then read a list of newspapers published in all sections the United States in which the statement was printed. A detailed statement of the circulation of each of the papers was then placed in evidence. BEAT CHILD HUNG TO DOOR? Accused Woman Held -Girl "Never Knew Mother's Kiss." Magistrate.

Nash, sitting in. the Gates avenue police court, today, heard the pitiful story of a little Cinderella who, by her own declaration, to officers of the Children's Soclety, had never known a mother's kiss. After he had heard it and had heard the examination of the mother, Mrs. Sophie Schauer of 297 Floyd street, Magistrate Nash held the woman under $500 bail for the Court of Special Sessions. One of the things this woman is accused of is beating Anna with a strap while the girl's body was suspended by the wrists from a nail driven in a door.

After the child had been beaten thus she was left hanging to the nail, sometimes for an hour and a half. The child was in court a mute, but eloquent exhibit. Her body is scarred and the scars can be plainly seen. She is now in the care of the Children's Society. Anna's case.

came to the attention of the society on April 13 when she appeared at St. John's School with a sear on her arm and told the nurse, Miss E. Thorsen, whose confidence she possessed, that her her mother had thrown a scrubbing brush at her. P. B.

Chapman. an officer of the Children's Society, then investigated the circumstances, examining the child, her brother Louis, the neighbors and the mother. CALLS B. R. T.

"SQUATTER" Land Owner Says Road Won't Rent or Relinquish His Property. The Brooklyn Rapid Transit was accused of being a in that it occupied land it did not own, according to a statement before Public Service Commissioner Williams, at 8. public hearing today on the petition of the city to open the grade crossings for public traffic on the Culver line at Fourteenth avenue, West street and Cortelyou Road. A. W.

Cherrington made the charge. He said that, without his consent, the railroad company was occupying 40 feet of land owned by on the Culver road, between Gravesend avenue and West avenue. He said that the company had refusel to. relinquish its occupancy of this land, and that it has also refused to pay him a rental. The opening of these grade crossings was advocated by a delegation from 'the Kensington-Parkville Improvement League, Commissioner Williams said the Commission was considering the question of grade crossings in Brooklyn, and would take up the complaint with the general sitjuation when the Commission is ready, to act.

CHARGE DRUG STORE ROBBERY. With a handbag full of toilet articles, a man, who said he was Charles S. Schecktman, 26 years of age, of 39 Montgomery street, Manhattan, was arested this morning by Patrolman Knapp of the Snyder avenue station on a charge of robbery, Schecktman went into the drug store E. Cutler, at Flatbuen and Church avenues, this morning and the clerk, Carroll W. Johnson, a prescription to be filled.

Johnson said he saw the man various toilet articles from the counter and put them into his pocket. INDEX To Classifled Advertisements 18 Today's Eagle. Classification. Page. Amusement 7 Auction Sales Automobiles Boarding Bowling Business Oppor'ties.

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