Times Union from Brooklyn, New York • 4

DECEMBER 9, 1002. THE RROOKLYK TIMES TUESDAY, skiing, and Keady and Fleming, associates: THE ABUSE OF MINERS. MHSIBE'S TBIAL IS CYCLISTS i EASY SIDE SWEIBMIIiiT THE "SOMElt" HEADS TOE LIST OF THE HIGHEST GRADE PIANOS. STORY OF HIS BRIEF COUBTSHI AND MARRIAGE TOLD ON THE STAND TO-DAY. Witnesses; Relat Principal Incident Up to Time of Shooting of Hit Wife at Coney Island Appeared Infatuated, Say Mr.

and Mrs. West. David Burnside's trial tor the murder of his wife, Lillian Nelson Burnslde, nt In-man's Pavilion, Coney, island, In June last was resumed In tho County Court this morn ing before Judge Asplnall. A Jury to try him was secured before the court adjourned last night and Assistant District Attorney MoCaitry delivered his opening address this morning. Burnslde Is a very cool, determin ed fellow, and bis bearing In court is calm and solf -possessed.

It Is understood that the District Attorney's office offered to acoept from him a plea of guilty of manslaushter In the first degree. Burnslde flatly declined to admit his guilt of any degree, saying that he "wished to be a free man or put to death tn the electric chair." The Jurors who will determine his Rullt or Innocence ore: H. Jackson Eaton, author, 230 Covert street; Michael Shuter, manuf.te- turer, Sa Hart street; George McManJS, clerk. S29 Fifth avenue; William J. Conly, 1,285 Jefferson avenue; Archie Ticehurn, machinist, 289 Held avenue; William E.

Rando, bookeeper, 286 Kosciusko street; Charles Neuse, bookkeeper, 1.104 Halsey street; Charles C. Carpenter, clerk, 230 8t James' place; Augustus F. Mack, wagon manufacturer, 582 Carlton avenue; Harry C. Learn, manager, 466 Third avenue; Oliver E. Oakes, bookkeeper, 60S Jefferson avenue.

nd Wilbur F. Philips, carpets, 720 Washing ton avenue. Assistant District Attorney Frank X. Mc Caffry, in opening for the prosecution, said that Burnslde was attracted to his wife the first time he saw her and was lntrouted to her by his hister. In a few weeks they were married, and took rooms in Tremont street In the first two weeks there acre frequent quarrels.

On June 24, tho day of her death, said the Assistant District Attorney, the young man sought her. She had gone to Coney Island, whither she had Veen attracted by the glamour of the life, un Tuesday he found her there and plealed with her to come home. She said she would in a few days. Then he left her. He return ed to the Island soon after, where he found her at Inman's.

They eat together near the stage. The defendant suddenly got up and fired. After the first shot his wife startea to run away. Then uurnsiae aeuoerawiy D. BAST END ASS'N HAS DECIDED' NOT TO DISTRIBUTE GIFTS THIS TEAR.

Kra. Sfttig and Corse Fayton Will Have Tree at Peyton's Theatre on Lee Avenne "Crowded Out," Says Mrs. Spence. The publio Christmas tree situation in the Eastern District seems to have changed again Mrs. Lena SIttig, President of the Brooklyn Christmas Tree Society; Who am noinood some time ago that she would 'probably have a tree at the Blaney's Theatrov has decided to take charge of the Christmas, festivities at Payton's Instead, and Mrs.

Charles D. Spence, 95 Lee avenue, President' Of the Bast End Christmas Tree Association, announced this morning that the' association would not have any tree this year. Bo, Instead ot there being three trees, one at Pay-ton's, one at the Amphton Theatre, and one at Blaney's, It has dwindled down to one tree, at Payton's. In reply to questions, Mrs. Spence said this morning: "The members of the East End Christmas Tree Society have made up their minds not to have a Christmas tree this yeah We feel that with a Christmas tree, such at waa planned at Blaney's Theatre, and another at Payton's that the poor children ot tne Eastern District will be looked "Do the members feel that they have been crowded out?" was asaea.

i "Yes, I think that Is the word that should be used. We feel that we have been crowd-, ed out. We want It distinctly understoqd, however, that we have no feeling against any one In the matter. With a Christmas tree at two theatres we feel that we can do good in other directions." "Is It understood that the society will dispense with the Christmas tree in the future?" "Oh, no; we expect to have a tree next year. We have simply dispensed with it for this year, owing to present conditions.

We appreciate very muoh whatever Is done for the poor children of the Eastern District and if Mrs. Bittlg or any one will have a tree all that we can do Is to lend whatever assistance we can. "At our last meeting we decided not to have the tree. We felt then that if desired to have a tree we would have plenty of time for the reason that we have had much experience in this line and know exactly what to do. However, It was the opinion ot a majority of the members that we had beat dispense with It this year." Corse Pay ton has offered his theatre Christmas morning for the distribution of gifts to the children of the Eastern Dls trict and Mrs, Sittlg will co-operate with him In making the ttee as nearly as possible a good substitute for the one which has been held at the Amphlon In former years.

Etta Reed has had 100 dolls dressed and Mrs. sittig nas secured several Hundred more from other ladles who are charitably Inclined. To further aid the project Mr. Payton has contributed 1,009 posters and will provide the music for the occasion. Miss Reed has Interested herself In the tree and will give valuable aid to the programme which is being prepared under the supervision of Mrs.

Andrews, the press representative of the theatre. Contributions for the tree will be received at the theatre at any time. STATE CAPITOL NEWS. VariouB Department Hatters in Which Brooklynites Are Special to the Brooklyn Times. ALBANY, Dec.

9. Charles A. Mettlebert ger, of Brooklyn, is one of the directors of The New York Stock and Grain Company, of New York City, Just Incorporated wltft the Secretary of State, with a capital of 9100,000. Howard L. Campion, Elbert C.

Atwoofl, Edward M. Meary, John J. Roach and Hugh R. Conyngton, of Brooklyn, appear among the directors of The Automatic Tympan Company, of New York City, capitalized at 17,600. Charles B.

Marshall, of Brooklyn, Is a director of The Sunbeam Company, of New York City, chartered with a capital of 128,000, to deal In novelties, etc. A certificate of Incorporation has been filed with the Secretary Of Btate by The F. W. Jarvls Company, which proposes to navigate Long Island Sound and adjacent waters. Its capital stock is 176,000, and the directors are as follows: Forrest W.

Galllson, Edgar 'N. Golllson, Edmund B. Jarvls, Ira B. trout, and Knud P. Iverson.

An amended certificate of the Commercial Paolflo Cable Company, tor an extension of Its lines, has been filed with the Secretary of Btate. The capital stock Is $12,000,000. Among: the company's directors are: Albert B. Chandler and Edward C. Piatt, of Brooklyn, and Clarence H.

Mackay, of Roslyn. WUllam N. Jennings and John 8, Bay; of Brooklyn, are among the directors of CtalU lard's Medical Journal of New York City, Incorporated with the State Department, with a capital of 32,600. Walne Kratzer and Company, of NW York City, Just chartered by the Secretary or State, with a capital of 12,600, have among their directors: Thomas A Hill, of Brooklyn: jonn a. Jenkins, G.

Burchard Smith, and Frank H. Field, of Brooklyn, are among the directors of The Fnse, Wire and Manufacturing Company, of Buffalo, capitalized at 1250,000. An aerial repair wagon, owned by the Flatbusb Eleotriot, Light Company, waa blown over by the wind yesterday, at I'M at the corner of Flatbusb. avenue and Avenue while It was being driven by William Curler, of Lefferts street and Brooklyn avenue. Curley, who.

Was seated near the top of the wagon, was thrown violently to the ground, and waa severely Injured. He was removed to the Kings County Hospital. EOT Of BE flred again and she fell dead. He then drew era of that State, and New York granted a out her picture and after kissing It, fired similar monopoly to Fulton and Livingston, a shot which flattened on his skull. He In my own State of New Jersey, Alexander went there with the deliberate Intention of Hamilton drew a charter for a manufactur-killlng his wife, declared Counselor McCaf- ing corporation whloh granted such sweep-fry, and it was providential that he failed ing privileges that a mem'ber of the New to kill himself.

After the shot was fired, he Jersey Legislature charged Hamilton with People vs. Frank Solamo, assault third de gree; jJoulsa Richardson, seotlon 382, penal codo; Frederick Mattson, onuault, third degree; John Bcrtsoh, petit larceny; Howard a Webster, section vn, penal code; William Brooks, section 675, penal code; William Schmidt, petit larceny) William Alf, section (75, penal oode; Joseph O'Mell, section tuts penal oode; Charles Corapetlllo, -assault, third degree; Claus H. Lahrcsen, petit lar ceny: Cornelius O'Donnell, petit larceny; (Frank Soheeffner, cruelty te animals; Louis Cohen, seotlon tTS, penal code; Mathew Blacky seotlon ITS, penal oode; Galliot Ba-mono, 'petit larceny; William W. Mansfield, section 382, penal code; Thomas O'Hara, assault, third degree; Henry McDowell, assault, third degree: Isuao Bergman, section 438a, penal code; Kate Cahlll, third degree; John Flood, section 675, penal coda; John Miller, Excise law; Isaac Tobias, cruelty to animals. CITY NEWS IN BRIEF.

Benjamin tinh Kl vum aIH a' the Kings County Husnltah waa aoioul wJh heart failure while on his way to the boiler room at 10:60 o'clock last night He was removed to the Kings County Hospital. Harry Cooke. 11 years old. of MO Mirrti avenue, was nnrnleri fnr a hMtvInn- uia w. tag by Magistrate B.

Ga-ton Hlgglnbotham, mi ioc Avenue police Court on the Charge that he had stolen a '-r cons, the property of Frederick Plesch, of owcKton street it was alleged in court mat me ooy was the tool of older boys. The Police will Investigate thA nthpv fht vA told. Fire in the homn nt Pnl in D. Baldwin, of tho Classon Avenua filntlnn located at 85 Classon avenue, did J100 dam age yesterday afternoon. Mrs.

Baldwin put out the flames without summoning the fire engines. A team of horses, valued at Ifino whiAh were stolen last Friday from the stable of C. E. Marshall, a publio truokmah, at 28 Park avenue, were recovered last night in a sta'ole at First avenue and street, Manhattan, by Detectives Carney and Dougherty, of the Flushing Avenue Police outeion. Outdoor work was suspended in the local Navy Yard to-day on account of the Intense cold.

The yard thermometers registered within a degree or two of zero. William J. Morrison, charged with grand larceny by the general manager of the Iron Clad Manufacturing Company, appeared again In the Manhattan Avenue Court this morning, but the examination was adjourned until Friday. Mrs. Elisabeth Seamon.

Nellie Bly, who befriended him on his first appearance In court, was not on hand this morning. Capt William Boggs, who was. arrested yesterday, charged wtn attaching a hawser to the Grand street bridge, and attempting to move It without tl.e permission of Engineer Byrne, war he.d for the Grand Jury by Magistrate o'Rullly in the Manhattan Avenue Court this morning. George Gargan. 13 years old, of 183 Java street, employed In a factory at ITS Greene street left the place In a hurry yesterday.

Instead of going down the stairs he Jumped from a window and broke his left leg. Be is In St Catherine's Hospital. James Murphy, 32 years old, of 107 Free man street, waa driving a wagon along Man hattan avenue last night, when a eat' bumped Into It Murphy was thrown from his seat and received contusions of the body. He Is also In St Catherine's Hospital. William Wendland, of 204 Hlmrod" street.

was summoned to -the Manhattan Avenue Court this" morning to explain why he did not return an Incubator, belonging to Chas. Levy, of 43 Tompkins avenue. It waa given to Wendland to experiment With. The latter promised to return the machine and was released. D.

S. Holmes, a stationer of Bedford ave nue, was summoned to the Lee Avenue Po lice Court this morning by Tony Heyer, res taurant keeper of Broadway, near Bedford avenue. Heyer had a copying machine with him. He intimated that he had paid tl for It but that It was of no use. He wanted Mr.

Holmes to refund the money. Magistrate HlggUvbotham said that the case was one for a civil court. Thieves forced an entrance into the apart ments of Joseph Qulgg, at 147 South Ninth street some time last night and carried off Jewelry and clothing valued at $150. Joseph Rogers, ot (39a Hancock street, filed a petition la voluntary bankruptcy to day with the clerk of the United States Dis trict Court Rogers Is a manager of a large mercantile establishment and schedules lia-bUltles amounting to il5.171.12 and assets of 160. Honor T.

B. Bead's Memory. At a meetlnc of the Banauet Committee of the German-American League ol Brooklyn, held yesterday afternoon at the home ot the President, BelaTokajl Thirty-ninth street Mr. Tnkail annke feellnalv on the recent death of Thomas Brack ett Beed. ex-Speaker of the House of BerreseDtattves, whom he compared to the late President MeEtnley.

The meeting adjourned as a mark of respect (o the dead and the Secretary was Instructed to send a letter ot condolence to the bereaved widow and daughter. Lecture on Mechanics. For his fourth Brooklyn Institute lecture on "Meohanlos" at Packer Institute, last evening. Prof. John 8.

McKay, Ph. spoke on "The Element ot Machines," with Illustration by lantern photographs. It was given before the department ot physics, and it was extremely Interesting, able and explicit setting forth the science which must underlie the designing ot machines. Easily Found. "Why does Bllmer always come out of the house with such an ugly expression?" "I suppose he's looking tor trouble." "Well, I don't see why he has to go away from home to find It" Cleveland Plain Dealer.

The Coal Commission Hoars Furthei Evidence on the Subject. fSCftANTON, Dec S. Counsel for mine workers before the anthracite coal strike Commission aro determined to put many witnesses on the stand to testify to the worst conditions, in, the mines of the various ecm- panlcs, and they hope In this way to proiiuce such i preponderance of evidence that the coal compnnios will cry "enough," or the Commission, declare that sufficient testimony on. that line" hid been adduced. The worst has not been told, eay the miners' lawyers.

The testimony concerning John Markle's mines wilt probably be concluded to-daj'. Thore was no one to represent Markle at the hearing, yesterday and tho witnesses against them were only subjected to a light cross-examination by counsel of other com panies. When the hearing was opened this morn ing, the death of Dr. Ride, an independent operator, was announced. Justice Gray, in few brief words, paid a touching tribute to the dead man.

James MoMctgle, a miner employed by the Markle Company, the first witness to day, told of the dangers he had undergone. Once, he said, he complained to the company that the breast In which he was working was dangerous and he was afraid he would be killed. The superintendent told him that unless he worked the breast no cars would be given him for any other chamber. Rather than risk his life he went out on a strike. Shortly after he was evicted from his home.

D. D. Gallagher, now employed at Jed-Jo a Markle mine, said that since the strike he has been put on contract work in a bad vein and was only able to make from fifty to sixty cents a day. Before the strike he worked the same vein as a company miner at 12.27, with freo oil, cotton and powder. Baying oil from the company he had to lay cents a gallon, while In stores in Hazleton he could purchase the same for 18 cents.

The company found fault when he bought oil from other than company stores. BEER GLASS CUT JUGULAR. Only Proximity of Hospital Savet Hauck from Bleeding to Death After a Saloon Row. -John Hauck, 2i years old, of 615 Liberty avenue, was last night so severely cut with the Jagged edges of a beer glass during a saloon brawl that he lies In the Bradford Street Hospital, and may die of a wound that almost Bevered the Jugular vein. His alleged assailant Rhelnhold Haffner, 52 years old, of 10 street was ar raigned In the Gates Avenue Court this morning on a charge of felonious assault, and held to await the outcome of Hauck's Injuries In the sum of $2,000.

From what can be learned, Haffner, who is ths lunch counter man In Henry Bookman's Hotel, corner of Pennsylvania and Jamaica avenues, stopped at last night In the, roadhouse kept by John Guenther, at the comer of Vermont street and Jamaica avenue. He beer. In the saloon were a number of other people, including Hauck, and the bootblack of the place. Hauck and the bootblack got Into Ah altercation, and then to. fighting.

They wrestled about the floor for some time before an attempt was made to part them. All this while Haffner, It is said. 'was standing qaietly by the bar, sipping his beer. According to Haftnor, during the excitement which followed, the Intervention of the several peacemakers, Hauck reached out pnd struck him In the face. Haff tier's glass of beer was tn his hand at the time, and he says that he was struck With such violence by Hauck that he stumbled backward and the glass fell to the floor, where It broke In several, pieces.

Haffner admitted to the police afterward that be was fighting mad, when Hauck struck him, and as soon as he recovered his equilibrium, he struck back at Hauck. He denies that be used any weapon, and that he did not strike Hauck with the beer glass. ,1 When the fight was over, Hauck was lying unconscious on the floor, with his face lacerated in two places and a fountain of blood spouting from a deep cut In the left vide of the neck. Roundsman Mason, at this point, rushed In and placed Haffner Under arrest, and sent In a hurry call to the Bradford Street Hospital. Ambulance Sur geon Bdhenck responded and removed Hauck to the hospital.

The proximity of the hospital undoubtedly saved Hauck's Ufe for the time. It la only three blocks away. end the Injured man was being taken care of Inside of five minutes from the time he received his wounds. Had St diary's Hos pltal handled the case, the man would have bled to death before he would have reached the hospital, which Is two miles and a half away. Ths Injured man made a statement to the police, but It Is more or less hazy, and he cannot say definitely that Haffner struck Mm with the beer glass.

SIMON NAGER MAY RECOVER. Strong Constitution an Aid to Medical Skill Operation Relieves the Brain. Simon Nager, the proprietor of the Em plre Hotel, at East New Tork and avenues, who was murderously assaulted early Monday morning by his porter, Louis Jaeger, Is resting easily to-day, and the doctors say that he has a chance for life. An operation was performed yesterday afternoon by Drs. Charles Butler and Joseph Paul Murphy, by which a piece of the skull two Inches in diameter, which was pressing on the brain on the top of the head, was lifted Into place.

The doctors said this morning that Mr. Nagar, who Is S3 years old, six feet tall and weighs 210 pounds, has an extraordinary constitution, which has stood him In good stead thus far, and that If other complications do not ensue, he will eventually recover. Yesterday afternoon It was feared that be might die at any moment He was raving mad, and It took four policemen to hold his down. 6ergt. Early detailed four of his strongest men to aid the family.

Towards evening he was quieter, and only two men relieved the other tour at 6. o'clock. Later he became violent again, and It was found necessary to strap him down to the bed. Ills whole talk Is about some mythi-oal being he calls Jack. He doe not know any one.

This morning his condition had much Improved, though he Is tlll strapped down, and he Is being watched by two policemen. Before the operation, the pressure on the brain of the piece of skull bone produced a congestion which thrust Mr. Nager's eyes almost out of their sockets; but when the cprtlon had been performed and the prvweure relieved, the eyes resumed their normal condition. The unfortunate man's face is dreadfully discolored, and his eyes blackened by the force ef the blow pro- dneed by the crushing Impact of the fur- roc crsnk on ths top of his head. Ptmon Nager, told the Times reporter tht his father had been In the habit of picking op unfortunate men to sot as por ters In the hotel and seldom Inquired Into thrtr antecedents.

The man, Jaeger, he ld; rmprasaed his father as ons of the msny unfortunate and hsrmls men with whom the world goes alwaye wrong, and wis far from suspecting his vicious char acter. If you wait to see a happy lot of kids watch the newsboys on Saturday. December IS. That's i-he dt of the Christmas issue b0 PIANOS Sotamer Building, 8TM3BS. lb.

ear. U9d St. Vok. SENATOR DRYDEN ON TRUSTS. Should Be No Legislation Without the Host Careful Consideration, He Thinks.

WASHINGTON, Deo. connection with the conservative tone of President Roosevelt's message on the trusts and the tariff, the comments of Senator John F. Dryden, of New Jersey, President il The Prudential Insurance Company, on this subject, are of Importance on account of his large experience In corporation matters, and beoause he Is a representative In the Benate of the State in which most of the great corporations have been chartered. "The subject Is one of such magnitude and of such far-reaciiiiff importance, and one npon which any action by Congress may affect so many Interests that are vital to tho prosperity of the country," Mr. Dryden said, "that nothing should be done without the most careful consideration.

In the first place. It Bhould be ascertained what the evils In the present system are, and, in the second place, It should be ascertained what are the remedies for the evils. I think that this would be much better than to make haste to provide a remedy and then' try to find some evil the remedy could be made to fit. The shortness of the present session will probably make it Impossible to do much. It Is very easy to generalize, and there has been a great deal of generalisation as to the evils of large corporations and as to the remedies which should be applied, but there Is not yet any clearly defined and generally accepted opinion as to the nature of the evils or of the remedies to be applied.

"If we study the question historically from the time when our ancestors emerged from a state of feudalism, I think we will And that we have little to complain of In present conditions. No legislator of the present day would think for a moment of voting for charters granting exclusive and monopolistic privileges such as were formerly granted, not only by the English Parliament, but by our own Congress and by our State legislatures. The very men who founded the Constitution of the United States granted charters, such, for Instanoe, as that of the United States Bank, which absolutely excluded competition. "The State of Virginia gave to a corporation the exclusive right to navigate the wat- Knurier moa wuum give the company an absolute monopoly of manu- facturlng, not only in New Jersey, but In the United States. "No such monopolies are granted now.

The charter of the United States Steel Corpora- tlon gives it no exclusive right It has corn- petltors and will continue to have them. Its stock Is sold in the open market, and any man with or $900 or $1,000 can buy It and become a partner In Its profits. "It must be beneficial to the entire country If our manufacturers are able to go Into the markets of the world and bring the money of other nations here for distribution among our wage earners and farmers, the men on whom the prosperity of the country has always rested and must continue to rest "We are now in a state of transition, and it Is inevitable that the changes going on should hurt some individuals. Just as the transition from stags coaches to railroads hurt, individuals, but we should be careful last In trying to remedy some evil which has not yet been clearly defined we may Injure the Industries of the country and those de pendent upon them as Investors and wage-earners." SAVED GOV. TAFT.

Gen. Bell and Capt Dawson Subdued Hia Bun away Hones. WASHINGTON, Deo. Franklin Bell, who has done probably more work In putting down the Insurrection In the Philip pines during his four years' service In the Islands than any one Amerioan soldier, recently assisted In saving the Ufe of Gov. Taft.

The details of the affair have Just reached the War The Governor was on a visit at a native performance) in the Zorllla Theatre, lb Manila, whither he was accompanied by Gen. Bell. As the Governor's carriage drew up in front of the. building, native band suddenly struck up, "Hall to the Chief." At this his horses became frightened. The coachman lost control of them, but before they could get away.

Gen. Bell Jumped from the car riage and grabbed one of them by the nos trlls. Capt John Dawson, who was standing near-by, seised the other. The animals pranced and snapping the carriage pole oft, close to the vehicle, and It was only with the greatest difficulty, and through the exertion of much physical strength that Gen. Bell and Capt.

Dawson succeeded In subdu ing them. While they were getting the hcrses under control, Gov. Taft Jumped from the carriage. Had It not been for the promptnesss with which Gen. Bell and ths Captain acted, he would have been seriously hurt.

If not killed. OBJECTS TO THE BOABDEB. Mrs. Pierson Must Obey Husband If She Wants His Support. Mrs.

Sarah Pierson, of 763 Franklin ave nue, who, two weeks ago caused the arrest of her husband, Enos Pierson, ot Green- wood avenue, Windsor Terrace, on a oharge of abandonment told Magistrate Steers, In the Grant Street Court this morning, that she would not live with htm. She also told the Magistrate that her husband objected to her keeping boarders. "Have you any boarders asked the Magistrate. "I only have one now," said the woman, "and If It was not tor him and my two children, who are working, I could not get along at au." The Magistrate told the complainant she must get rid of the boarders If her husband objected to him. if she.

wanted to get any support from her husband. Pierson was not In court, and the police were ordered to rearrest him. Nw Suburban Low-rate Champions. An organisation whloh win be known as the Bensonhuret Council of the Independent League of the Thirtieth Ward was formed last night at the residence of Walter B. Parfltt toot Benson avenue, and there was a good attendance.

The organisation was formerly a part of the Bath Beach Council, and at a meeting ot the latter body, held recently, it waa decided to divide the coun cil into three districts, to be known aa the Van Pelt Manor, Bath Beach and Benson- hurst Councils. The new body, will fight telephone rates and trolley abuses. Wot loag Island peepl then I ao bttr paper pobub4 Una tk Brooklya Tkna. It sin thi twa and rem up In an attractive sad 1111 NO ONE FOBCINO THE PACE IN THE SIX-DAY RACE IN THE GARDEN. Seven Teams, Tied in the Lead, 'Art Many Miles Behind the RaconJ All the Hen Axe in Better Physical Condition Than Yesterday.

Thirty miles behind the record and with chances of pulling up becoming more remote every hour, there Is no Incentive to urge ths six day cyclists on to deed ot valor. In oonsequence the race has settled down to a long, woary grind devoid ot any fea tures to the spectator and only ot Such interest to the contestants as there Is in 9 battle to keep the other man from stealing march. With Gougoults and Kaser forced out ot the race through the accident which) befell the German, 'eleven teams remain. Of this number no less than seven are tied for first place, their scores at noon being: Brenton and Dorragon, 7097; McFarland and Maya, 7091; Stinson and Moron, 7097: Bedell Brothers, 70S Newkirk and Jacobson, 709-7; Butler and Turvlllo, 709 Leander and Krebs, 7097. The next three teams were only one lap behind.

These were Barclay and Frans Krebs, the Broooklyn team; Keegan and Peterson and Calvin and Root. The second day of the race found the men in better physical condition. There has beet' no hard sprinting such as marked the first eight hours; of the race. As noted it ha: resolved Itself Into a monotonous grind In which the pace Is even and slow about twenty miles ari hour. Under suoh con ditions conducive to their physical welfare, ths men have been able to recover from the effects of the gruelling race of the early hours.

That they Intend to reserve all their powers for the big strain that comes with the last stages of the contest would seem to be a fact from the refusal of the sprinters to force the pace. There was no si rinting to speak of since midnight. Once Breton shot out as If to gain a lap This was as the bunch was roundinii out the seventh century. The move was later explained by Breton, who said that he wanted the 700 mile record. No record at the different 100 mile distances has been kept.

Breton's la the first his record for the 00 miles being SS hours and 18 minutes. When Kaser was compelled to retire, thus breaking up his team. Gougolta waited around to see if an accident would put an other team hors de combat. At the expiration of the time limit four hours no other team went to pieces and the Frenchman passed up the race. The French team Breton and Dan-agon are the freshest In the race and have be come prime favorites, although MoForland and Maya are not lacking supporters.

With the exception of the last team. Dnerflinimr and Heller, the men look fit. The Long Island team, the Bedell brothers, are a stiong combination. The Brooklyn team. Franz Krebs and Barclay, are also in good shape.

The score at 2 o'clock was as follows: Breton and Darragon M. ..745 StlnwMi and Mr.ran 745 arui.u uiviuai 745 N'ewklrk and Jacobs 745 Butler and Turvlll 743 7 T45 746 745 13a Leander and Krebs Barclay and Krebs Keegan and Peterson Gelvtn and Root xioenunger and Holler Kecoru, 778.3. T0BIN ATTACKS Took Six Policemen to Keep Him Away from Mr. Clerk Bound In Court. Thomas Tobln, who.

It is charged, killed Capt. James Craft, in the Empire Cafe, In Manhattan, created another scene before Justice Davys, in the Supreme Court, Man hattan, where be is on trial for his life, this morning. Assistant District Attorney Clerk had Just opened the case for the people, and was describing to the Jury the ghastly details of the crime, when Tobln, with a roar, rushed at him. It took six officers to overpower the prison er. Tobln was taken from the courtroom.

out was brought back in ten minutes with his hands bound behind his back. The trial then proceeded, but was frequently Inter rupted oy Town's wild and incoherent oaths. Four officers kept guard over him. Insanity experts have decided that Tobln Is sham ming. OBITUARY.

Thomas Gilbert. Word wfs received yesterday afternoon of tne aeatn at Madisonvllle, of Thomas Gilbert, who was one of the oldest residents of Bath Beach, as well as one of the best known. Deceased passed away at the residence of his son, the Rev. tevl W. Gilbert in the uttle Ohio town, after a long Illness or gastritis and old age.

Deceased waa born in County' Kent, England. February 1824. and was nearly TO years old. He ar rived In this country when a boy, and set tled In the old village of Bath, L. He met and married Mary Keymer, daughter of the late Frances Keymer, for his first wife, by whom he had two sons, Levi and Frank.

Mrs. Gilbert died soma time later, and Mr, Gilbert married again. He was one of the charter members of Woods Lodge, No. 121, I. O.

O. and i was a member of the. lodge for fifty years. He was also a member of the New Utrecht Re formed Church, and was an elder for the past eight years. Deceased Uved In a hand, some house on Rutherford place, near Elgh teenth avenue, for years.

A widow and two sons survive him. No arrangements for the funeral have as yet been made, but It Is likely the body will be brought to his late horn. SAILED FOB JAPAN. Among the passengers who sailed on the Campania Saturday eras Frederic H. Leg- gett of 436 Greene avenue, well known In Brooklyn society, and a rising business young man.

He goes to represent the Western Eleotrio Company, of New York and Chicago, in Toklo, Japan, assuming the position of Secretary and Treasurer of the Nippon Eleotrio Company, a controlling interest of which Is owned by the Western Eleotrio Company. He will visit the foreign houses of the company tn London, Antwerp, Paris and other cities, touring through Holland. Germany. France. Switzerland and Italy, and from Brtndlsl via the Peninsular and Oriental Steamship Company, to Toklo, reaching the latter city the middle of April.

Mr. Leggett has been connected with the Western Electric Company alnoe his graduation from Dartmouth College, tn 1898, and has the confidence and esteem of Its officials. The University Glee Club tendered him a complimentary dinner Just two weeks ago. He has been an active member or the organisation for four years and has taken the second tenor In all their musical es and concerts. A host of friends and -business associates were at the wharf to bid him good by and God-speed.

SPECIAL SESSIONS CALENDAR. The following Is the calendar ef the Court of Special Sessions to be held at 171 Atlantic avenue, to-morrow, with Judge Forker pre- XHIBXT-NXNSl POIJCEME1I EX-PLAIN WHY THEY DID THINGS THAT THEY SHOULDN'T. Only Serious Charge Is Against Young Copper Who Parte His Name in the Too Much Talk anil Too Much Sleep. There were thtrty-nlne policemen arraigned for trial before EfemJty Polio Commls siener EWtisn to-day. Mere than one-hall of them were men who had been causlit by the plain Wthes roundsmen who swoop ed on this borough en the morning of December 2.

The majority of all the men brought up were accused Of being off post The reuaUMO made a clean oe against very raah- bwought. One man pleartoil g-uflty and saved hhneelf from dlsmssal. anj he get oft wtrh a ten days' pay "ne. FatKcimen Jewfih MoCormeok and John Joyce, of the Butler Street Precinct. wer caught enjoying a quiet chat at Dean and Bey streett, at o'olock In the mornnlna They were VeitwaixU.

Peteetman Anem Brown, of the Adams Street fVeetnot. erne of the men caught by the sheo flys, admitted that he entered saloon twice lnatse of an hour. He admitted the dhaxse and wee fined ten days fiay, Patrerramn Jeremiah Halloran, of the same preelnct, who was caught coming but of a saloon side door, was fined three days pay. The same penalty was Imposed on James F. Haven, on an off-port charge.

Sewn men fram the Claason Avenue Pre clnct were brought up. One of them, Michael Cornell, whe had been caught coming out of a bake shop, was fined two days pay. Peter J. lUilly, accused of coming out ef a salaen side door was reprimanded. There is a hendem young policeman attached to the Bergen Street Precinct He is something ef a station house lawyer, anj he parts his name In the middle, the only Brecklyn eep guttty of the offence.

His name Is T. Lcuia Murtagh. Mrs. John Bradley, of 471 Sixth avenue, had htm up otmrges. Mrs.

Bradley's sister. Miss Mary recently came to this country and ska look her out for a walk along Fulton street te show her Brooklyn sights. Mrs. Bradley's shoe lace became loose and ha went lnte a yard on Rockwell place to tte It Mrs. Bradley Uauncd that Murtagh cams up smel said: "Get out of there.

1 don't want such tMngs en my post Get way or push ycur face In." Mrs. Bra41y eaJd alas that the officer poked In the ohaet wtth the and of his club Mss DrieoeU eerrosorated her sister's story In all particulars. Murtagh denied the charge as to the use of grefaafty and his club. He produced lure yciruu wno saw KecKweu place was patrolled by wicked people. Decision was reserved! in llurtagfc's case.

the beuoti ef men arraigned were Patrolmen Fredarlok Tims, Jetm D. Enrlght. Jehi. rarrell, John MoLeughUn, who ware caught gossiping tarty in the morning JAil ten -street and ncekaway avenue. Tims was reprtmaaacd.

Bo was En right- MoLeughUn was fined one days pay. Michael that precsaot, was found nff of bis relieving point The complaint was dis missed. Patrolmen Maher and William A. Dlsher. of the Bedford Avenue Precinct, were found at Rodney and South Second streets, talk toe at I dock In the morning.

Dlsher was Ones, en day's pay and Maher two days' Hoth deolared that they were talking about pones business. Patrolmen John Freer and George W. Hart, of the same commend, who were rcand elmtBng lor thirteen minutes at Swath Fifth street and Bedford avenue. They War fined twe days' pay. There was a large batch of men from the Olascsn Avenue Precinct.

Patrick H. Fin-ley was found ceasing o-t of the Myrtle Avenue Court late a and Robert Whitman caught eerolng from a saloon, were Una three days pay each. Michael O' Cornell was fined two days' pay for going Into bake shvp. Joseph P. Fitsgerald was caught tn the sear of a sateen two blocks ef his peat Dectslen was reserved John T.

Oelllns. who was up en a debt ease had It adjourned. Ames F. eillen. Clermont Avenue Pro etnet, lounging In a teol house, fined three days' pay.

Frank IsabeU, Brownsville Precinct, failed to deliver ball bends and denied that he bad them. Ftaed three Sara pay. -mamas uemcn, of Oreenpotott Avenue Freeinet. off reltevtng saint; eompteint dls riss4. Jehu Centtn.

name precinct, and tnuiar eatnsMaint saprinuHided. John H. Ferguses. Lea Avenue Precinct, sateen complaint, three days' pay. Thomas Atmitag and Oeoras L.

Olvarv Bob Avenue Freetnet. failed to discover a puxglary. CsenpMat dismissed. Kkchelas Misrar, Brownsville Prsclnot, goa tling atoaca. complaint dismissed.

unvsr oardhMr. Sates Avenue Preolnot reprlmendsd tsr being off of hit relieving point. MUST REINSTATE FTREMIN. Hot Only That, but Each One Gets Bir Money in Back Pay. Mtne Long Island City firemen, who were uiwiiime nosa roe aepartment after the oansMiaatien ef the Oreater New Tork, are te be reinstated, and will be made hanov hv the receipt fram the oily sf ft.vs back pay.

The successful fireman. In whose favor ua Appellate Division, of ths Supremo Court rendered a accisum this morning, are Joha J. Maher, Charles M. Jensen, Dennis F. Oollinc, Themes Lawlcr.

Jehn B. Brun-dage, Jscnas Ball, Peter Bowes, Jshn Malay and George Bitner. In the last two months of the year MM, Just Wort consolidation, these men. with Mortimer Glcascn. and turty-alrht ether, were appctnud members Of the Ftrc Department ef Long Island City After' ocoselldatien Jshn J.

Boannell was appointed by Mayer Van WyoJc, Fire Commissioner, far ths greater city. Ha declined to recognise the Leag. Island City appointments as vaMe. and the tfty-dght new firemen were told ea Maroh 11 that they wm dssoharged. Thar went te law abeut It and SO rar, only ten ef them have succeeded In getting their' nasaas bank en the eltv niv roil.

Giaasocfe ease went to the Court ef Appeals ana be wen. The dcctslca ef.tae Appellate Division to day, in the eases ef Maher aad his eight as u. urn case is pn all fours with 'them, and that nothing remain to the city but te reinstate them and pay the arrears ef whlL-h amounts to about SM.se. 'The cases ef the ether forty-dgfat whUh the eeurt mem to think are net tdantkial with the Oleaaaa case, are be argued la Jasaary. The elty kaaf persistently opposed the ap pltoatlcn of the mea tor ihelr reinstatement ay the eeurt if all the ih are Ueolde.1 In lavar of tit firemen It will mean that th-olty win have -pay -cut -of its trcsury about a half saillion ef dollars.

At the out set the aicaaca ease was mad a test ease, and It was expected that all the ethers would binge on th way la which It was decided. Unequal Division. "We all have burden te bear In this worlu of sorrow." said the aaay-golng philosopher. "But asm af us have a duubl load," remarked the satber ef tw'n that were troubled hi iBsweanla. Cbioa News, a In 36 told the same story of his wanting ner to go wit home with him.

when she said: "1 want to go to a ball." Burnslde replied: We will go to hell together," ana tnen ne fired." Detective Taylor was the first witness call- ed by the prosecution. He told of his visit to Inman's place, where he found the noay fln floor- -Mrs. Jacooson saia sue nnu nuuwu Mrs. Burnslde for two years. The last time she saw her was at Coney Island, the Bun-day before her death.

Dr. Hartung, the Coroner's physician, who performed the autopsy on the body of Mrs. 1 Burnslde, said he found three wounds In the body, one under the lo't one in the left breast and anofSbr where a 'bullet had struck the seventh rib and glanced off. From these wounds he said Internal hemorrhage followed which resulted in her death. Mrs.

Nellie West, who lived In the same house with the Burnsldes, told how Mr. Burnslde met his wife at her house and ot their subsequent marriage' and quarrels and of his trip to Coney Island in search of his wife. When he returned he said he had found her and everything would be all right but if she did not return he would do her harm. Mrs. West said that on Tuesday, the day of the shooting, Burnslde left the house at 6:30 A.

and returned at noon. After staying a short time he went out again. On cross-examination by Mr. Naylor, for the Mrs, West said that she had known 'Mrs. Burnslde for four years and at the time of her death she could not have been more than 11 years old.

Mrs. West denied that she had ever told Burnslde that Mrs. Burnslde was not a good girl. Then followed a lot of cross-examining whloh drew many denials from Mrs. TVest Frederick West, husband of the last witness, said that he had seen Burnslde anil his wife together several times at his home.

Burnslde, he said, was infatuated with his wife. The Rev. Mr. StonehlU testified that In the evening of June 7, Burnslde and LUlla Nelson came to him with Mr. and Mrs.

West, and that he had married them. Mrs. Matilda Nelson, the mother of the murdered woman, was the next witness. She said that she was a widow when she mar ried her present husband, and that LUlle was her daughter by a former marriage to a man named Offt The first she knew of LUlle going to be married was a few days before the ceremony was performed. On the day of the shooting Burnslde came to her at noon and said that he had fo" LUlle and had told her that if LUlle did not return to him he would "out her down." Recess was then taken until afternoon.

Law Delay Commission. The commission appointed by the Gov ernor pursuant to Chapter 48S. Laws 1902, to Inquire Into the delays and expenses in the administration of Justice in the Counties of New Tork and Kings, and to suggest leg islation thereon, held Its first publio meeting In Part XI, In the New York County Court House, yesterday afternoon. The meeting was largely attended, and continued In slon for two and a half hours, receiving some valuable suggestions. The commission Is composed of Wheeler H.

Peokham, Robert E. Deyo, Lawrence Godkln, Horatio C. King, Edward Lauterbach and Edmund Wetmore. William F. King, the lay member, declined to serve on account of pressure of business.

This commission will hold a public meet ing tn this borough on Thursday afternoon from 3 to 5 P. In the room of the Ap pellate Division In the County Court House, apd all members of the bar and others Interested are Invited to be present and make any suggestions looking to a remedy of the congestion which so hampers the, administration of Justice, as well here as in the Borough of Manhattan. Dr. Hatfield JAecovers Health, After an Illness from diphtheria for nearly three weeks. House Physician Dr.

Hatfield, of the Wllllamsburgh Hospital has resumed his duties In, that Institution. While temporarily attached to a hospital la Man- hattan. he contracted the disease, while attending a oas on the Bast Side. It near ly cost him his Ufa When the disease de veloped, he was taken to the Wtllard Parker Hospital for contagious diseases, and was oonflned in that Institution for nearly three weeks. He was then permitted to leave the hospital and returned to the WUliame- STE1NWAY SONS beg to announce their unique Exniblt of decorated In all desirable periods.

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