Times Union from Brooklyn, New York • 2

THE OOKLYN TBIES iuAl', JULY 25, 1903. i naces ln tbe blotter In accordance with Inst ruts iiui.iiaa. PHI DELAY ID LAWYER PALMiERl WINS ill ill BABY'S ELM! FOR Rashes, Heat, Perspiration, Lameness, and Soreness no other application so soothing, cooling, and healing as a bath with Cuticura Soap, followed by gentle anointings with Cuticura, the Great Skin Cure. It means instant relief for skin-tortured babies and -rest) for" tired mothers. No mount of persuasion can induce mothers who have once used these great skin purifiers and beautifiers tomse any others for preserving, purifying, and beautifying the'skin, scalp, hair, and hands of infants and children.

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tlona from Oapttln Reardon. I am not prepared to say that the denial of the relator and the other testimony ou the same subject, constitutes such a preponderance of proof against tbe existence of the facts to which these witnesses Mn support of the charge testified so specifically, that the verdtot of a Jury to the same effect would toe set aside as sgainst the evidence. Neither does It neem to me possible to bold that the second finding Is acalnst. the weight evi dence. oilman testifies not only as to leaving blank epaces In the blotter by direction of Captain Reardon.

but that he directed the Sergeant to enter In the blotter statements to the effect that he was ln command or was calling the roll, when as matter of fact he was not discharging either amy. he wltueee does not appear to have been under the Influence nf but Man or Interest and I do not perceive how It can be held as matter of iaw tnat nis evidence is outweighed by the testimony of the relator la the contrary. We have here, then, a cne where a Captain has wen aismisFea rrom tne ponce iorce upon four nnn-Ings of fact, two of which are plainly against the weight of evidence nnd two of which must be regarded as sufficiently established by the proof. In fixing the punishment the Police Commissioner ob viously proceeded on the erroneous asmniptlon thst all four charges were made out. The neenwed ab an officer who had been a member of the police force for thirty-four venrs.

during which perloil he had been reprimanded but once, and fined altogether but six days' pay. The Deputy Police O-nnmlssinner upon the hearing expressly conceded his good conduct ln the management of iiis precinct. "There is no charge," he said, "that the precinct bus not been conducted all right by Captain Rear oh. AVe admit it has conducted nil richt." In vien- of the relator's long service snd good record, it may very well be that if the Police tnnilssloner had based his Judgment only upon the first two finding, and had given due weight to the fnct that the charge of causing a fnlne entry to he made in the" niotter rested upon the osth of only one witness, against the denial of Captain Reardon. he would have felt thst the ends of Justice would bave been satisfied by a much lighter punishment than that which he saw fit to Inflict.

Crtalnlr this is the lmnreaslon made upon the Judicial mind by a careful examination of the record In this case. Ynder the circumstances, the proper course to be pursued Is to reverse the determination of the Police Commissioner and direct a new trial before him or one of his deputies of the charges, and onlv the charges referred to in the first and second findings of fact. City Will Probably Take the Case to the Court of Appeals. An appeal will probably be taken from the decision of the Appellate Division to the Court of Appeals. In discussing the declsi in a member of the Corporation Counsel's office said this morning: "It appears ln the opinion that there was no ground upon which some of the charges relating to Capt.

Reardon's neglect ln making correct entries ln the police blotter, as required by the police rules, could be set aside against the weight of evidence. In other words, the Appellate Division endorsed the nndlngs of guilt by the Deputy Police Commissioner who tried the case, but did not appear to approve of the punishment meted out The Court of Appeals appears to have held ln a number of cases that a violation of a police rule having been found to have occurred, punishment properly rests with the Police Commissioner. An appeal would no doubt determine this question as applied to Capt Reardon's case. "This decision presents a new feature In police trials. It has been the habit in the past for the Appellate Courts in expressing disapproval of a police department trial, to order the reinstatement of a successful cp-pellant But ln this case the court has sent the matter back to the Police Commisslonor.

This makes the new practise to be like the oaae of a man who has gotten a Judgment In an action it law, who, when he succeeds on an appeal, has his case sent back for a new trial. It would appear thus that Capt. Itear-don has not been awarded a decision "hat will give him back pay, but Is simply for the present, at best, put back ln the department ln the same position he was before he was tried, and now he has to be tried again." Capt. Reardon Simply Wants to Retire With a Pension. Capt.

Reardon will not carry the tight any further. His purpose is to retire from tne police force, if Commissioner Greene will allow him to do so. He took steps to-day with a view of getting a place on the retired list. has a retirement blank and. It Is said, will hand It in as soon as It Is posslblo for him to do so.

He called at the Smith Street Police Headquarters to-day and shook hands wltn a number of old friends and men who had worked under him when he was a sergeant and captain. He looked happy; he said he was pleased at the decision rendered by the court, ibut he was not bothering himselt about going back to duty. He was dismissed from the force on July 8, 1902. JOHN HENRY IS DEAD. His Pnneral Took Place Yesterday, and Here Is His Obituary.

A young man bearing unmistakable evidences of a recent affliction, approached the editor's desk and timidly fingering an envelope for a few minutes finally drew out Its contents and -handing it over requested its publication. "I have Just returned from Mt Klsco, thirty-seven and one-half miles from JOHN HENRY. here," he said, "where I placed him In a decent grave. He was so noble and he made happy the lives of so many. We would like you to print this." Here Is what he left: "John Henry, a well-known pet cat, died at his home, 450 Bedford avenue, July 15, 188.

aged 11 years. John was a noble oat the pride and pet of all who knew him. Through his efforts to be gentle and well behaved he made many friends. "There was that touch of the human In him that made lovers of dumb animals feel that the only thing he lacked was speech. Mis death will be a loss to many ln this cltv to whom he was a part of their daily life, for eery one took time to stroke John and give him a friendly word.

And who shall say iney were not tne bettor for giving a kind word to one of God's creatures, who did the best he could to make his life a source of comfort and happiness to others." DAVIS RETIRES. He Is th. Man Who Seat Army En gineer With Jar of Molasses. WASHINGTON, July George W. Davis, who retires to-day, after forty years' service, attained his present ranit when he succeeded Chaffee In command of the division of the Philippines ln June of last year.

He was born In Connecticut ln 1839, and when the Civil War broke out went to the front as a quartermaster sergeant of the Eleventh Connecticut Infantry. He rose rapidly, receiving a brevet of Major for faithful and merltorlout service during the war, and later a commission as captain of the Fourteenth "Infantry. Twenty-seven years elapsed before he gained his next grade. At the beginning pf the Spanish war he was made lieutenant colonel and again Brigadier Oeji.rni i unteers. At the same time he got his riso in regular grade, and on the reorganization of the Army became a Brigadier General.

Locally, he la remembered for his simple device for ascertaining the deflection of the Washington monument when the Army Engineers were puzzled. The plumb Uge, feet, long, swayed too much for accuracy Davis merely submerged the bob In a glass Jar of molasses, a medium permitting only slow movement He was then, ln 18H, a Major of Infantry. He Is succeeded by Gen. Samuel 8. Sumner.

"1 r'-rfiiiiir' I'iliiaiiiiiiiuiii'-iii III A Feeling Prevalent That the Williamsburgh Structure Is Being Neglected. BROADWAY TRADE BOARD ACTS. It Prods the Mayor and the Bridge Commissioner The Railroad Connection Must Wait, Evidently, TJpon the Pleasure of the B. R. T.

A general feeling of unrest Is growing throughout the Eastern District over the seeming delay of the work on the Williams burgh Bridge. There has apparently been so little done on the structure during the past few months that the residents are beginning to fear that the opening of the bridge may be one of the events to be celebrated by the next generation. There Is a growing Impression that Bridge Commissioner Lindenthal Is so busy trying to get his eye-bar cables for the Manhat-tan Bridge that the Williamsburgh Bridge has become a matter of secondary Importance to his mind. And the Bridge Commissioner does not seem to he the only one who Is at fault. The Board of Estimate has dallied with the question of the Manhattan approaches for such a long time that if the dreams of Mr.

Lindenthal should be realized and the bridge should be opened to wagon traffic by December 1, the result would probably be hopeless congestion of traffic In the narrow streets at the Manhattan end of the structure. The Board of Estimate has held hearings almost innumerable on this Important matter, but It appears that every time some East Side flsh dealer changes his mind and thinks the bridge should be approached by astreet convenient to him, the Board of Estimate takes the proposition seriously Into consideration and determines to hold a hearing. Hearings are the most popular form of diversion Indulged in by the Board of Estimate. The people are evidently "beginning to realize that It Is better to rush work on one bridge and throw It open to the public than to experiment with eye-bars and1 swinging towers and let work on the Williamsburgh Bridge shift for Itself. So many complaints about the apparent delay on the Williamsburgh Bridge have reached the Broadway Board of Trade that President Nathaniel H.

Levi, acting under the Instructions of his Executive Committee, has opened a correspondence with Mayor Low, President Swart-strom and Commissioner Lindenthal. In his reply to this prodding, Commissioner Lindenthal deolares that everything Is being done to push the work, while the Mayor admits that It is Impossible to complete the railroad connections as the Brooklyn Rapid Transit and the city cannot agree upon the terms for the franchises necessary for the cars of that company to cross the bridge. The 'letter which Mr. Levi sent to the three officials named above is as follows: At a meeting of the Executive Committee of our board held a few days ago, It was resolved to communicate with you ln reference to the many complaints brought to the notice of the members of our board, as well as to advise you of the great dissatisfaction which is universally voiced by merchants and citizens In this section of the borough, by reason of the apparent delay In the completion of the Williamsburgh Bridge, than which no more Important measure is now before the people of Brooklyn. The dally crushes at the old bridge, menacing both life and limb, and which It Is hoped will be abated after the completion of the Williamsburgh Bridge, make It absolutely Imperative and also a point of public safety that the work on the new bridge be pushed to completion with all possible speed.

The Mayor's reply 1b as follows: Your letter of July 21st, was Immediately communicated by me to the Bridge Commissioner, who tells me that he has written to you direct upon the subject, giving, as I suppose, Information more ln detail than I can do. In a word, there Is no delay In the work upon the Williamsburgh Bridge and the present outlook is that It can be opened as to the roadwavs and footway by December 1, notwithstanding the Arc which put back the work of construction by several weeks. It Is Impossible to complete the railway sections of the bridge until It Is determined what connections are to be made oetween the two bridges ln the Borough of Manhattan. This Is a problem which has been re ceiving the careful consideration of the Hapid Trnnsit Commission for many months. It necessitates the co-operation of the Brook lyn Rapid Transit Company and It has not proved easy to find a plan which Is accept- nme.

Dotn to tne company and to the city. The indications. I am told, are favorable for an, early settlement of this very difficult proDiem. Commissioner Llndenthal's assertion that there is no delay Is as follows: Replying to your favor of the 20th I beg to assure you tnat every effort Is being made to complete the Williamsburgh Bridge ana to open it to traino at tne earnest possible date. No unnecessary delay has been or will be tolerated on the part of any one connected with the work.

HYMENEAL. Seaman Qrogan, A wedding of Interest to the residents of Brooklyn, especially to those living in the Bedford section, took place on Wednesday afternoon at 132 Franklin avenue, the home of the bride, when Miss J. Elisabeth Oro-gan, daughter of the late Stephen Grogan, was married to DeWItt Scudder Seaman, also of this city. Miss Emily J. Wells, a classmate of the bride, acted as bridesmaid, and Ruluf Lyles Seaman, brother of the groom, was btst man.

The ceremony, at which only the immediate relatives were present, was performed by the Rev. P. A. Neville, of the Rochester Diocese, a cousin to th. bride.

The spacious parlors were artistically decorated In quaint Venetian style, while an abundance of ferns and palms, Intermingle! with lighted Japanese lanterns, formed a pretty background. Preceded by the little Misses Marie M. Dunn and Agnes Orogan, also cousins of the bride, as ring bearer and flower girl, respectively, the bridal party made Its entrance to the accompaniment of Mendelssohn's "Wedding March." The bride's gown was of white voile tastefully trimmed with applique and rfobon. The bridesmaid was attired In a white lace robe. Supper waa served by Klefer.

The happy pair started on their honeymoon through the East, visiting Boston, Maine and New Hampshire. Upon their return they will reside at East Orange. N. J. The bride and groom were both recipients of many beautiful and costly gifts.

Among those present were: The Rev. J. A. Gillespie, 8. of Jersey City; Mrs.

R. Seaman, Mr. and Mrs. Howard Seaman, Arthur Seaman, Mrs. Joseph Wler, Mr.

and Mrs. W. Oehler and the Misses Oehler, of New York, and Mr. and Mrs. William W.

Toung, of Chicago, Police Couldnt Hold Henry. John Henry, who was arrested on the Myrtle avenue station of the Broadway line three weeks ago on a charge of pocketplck-Ing, was released this morning by Magistral. O'Reilly, in the Manhattan avenue Court, the police being unable to produce a complainant In discharging the prisoner. Magistrate O'Reilly said he was sorry he had to do so. The District Attorney Interested himself ln the case, but could get nothing on which to hold the prisoner.

II II i Was Declared Guilty of Con. tempt of Court by Justice Marean. PAID FINE UNDER PROTEST. Conviction Reversed on the Ground That the Mandate of Commitment Did Not Specify the Particular Circumstances of the Lawyer's Offense. The Appellate Division, of the Supreme Court, has sustained the writ of certiorari issued to review the action of Supreme Court Justice Josiah T.

Marean, adjudging Lawyer John Palmlerl gulity of a criminal contempt of court, and lining him 150, and has reversed the conviction. The Palmlerl case has greatly Interested members of the bar. The alleged contempt occurred while Palmlerl was engaged In the trial before Justice Marean, of an action based on a claim that the plaintiff as a broker, had sold two houses to the defendant, and had paid the latter a portion of his brokerage commission on the consideration that he should have the leasing of the property. The plaintiff was under examination aa a witness on his own behalf, when the occurrence upon which Palmierl's contempt was predicated, arose. It happened after this fashion: Court Now sit down, Mr.

Palmlerl Mr. Palmlerl Then I object. At this time there was no unanswered question pending, or anything else to which an objection could Intelligently refer. He die not sit down, and made no motion to do so The Court Do you hear me? Mr. Palmlerl I have an objection to make, your Honor.

He still remained standing, and made no motion to sit down. The Court Sit down; there Is nothing before the Court. Mr. Palmlerl Does your Honor, at this time, refuse me to make an objection? He still remained standing, and made no motion to sit down. The Court I require you to sit down or I will punish you; and I will do It now.

When I tell you to sit down and you do not sit down you will be punished Upon this Mr. Palmlerl sat down, and In stantly arose again, and proceeded. "I ask to make an objection now." The Court To what? Mr. Palmlerl First, I ask your Honor to Instruct the Jury that the statement made by your Honor ln the presence of this Jury, that you would punish me for contempt, Is a statement that is not warranted ln this case at all, prejudicial to my client's rights, and I take an exception to your Honor making any such statement ln the presence of this Jury. The Court Now.

sit down; if you do not apologize for what you have said at once, I shall punish you on the spot. Now, take your choice. Mr. almlerl For what, your Honor? 1 would like to know for what. The request of Mr.

Palmlerl was read by the stenographer. The Court Now, you apologize for making that request of me. Mr. Palmlerl t'pon the direction of the Court, I apologize-. The Court No, you do not do It on the direction of the Court; either you do It without any such proviso or I will punish you.

Mr. Palmlerl After the Court has made the statement I comply with that statement by apologizing, and taking an exception. The Court I do not take that. I fine you $50 for contempt, and you stand committed until It Is paid. Withdraw a Juror ln this case.

Mr. Palmlerl I will pay the money under protest. The Court Tou can pay the money any way you like. Mr. Palmlerl We can try the case ln the meantime? The Court No.

Withdraw a Juror. The return to the writ also stated that "During the whole time after he was first directed to sit down, Mr. Palmierl's tone, air and bearing were flagrantly Insolent, defiant and offensive toward the Court, and ln con nection with what he did and said, and re fused to do, as above detailed, tended di rectly to Interrupt the proceedings of the court and to impair the respect due to Its authority. Thereupon the Court so deter mined and summarily adjudged him guilty of a criminal contempt and fined him $50." And caused the following entry to be made In the minutes: John Palmlerl was adjudged guilty of a criminal contempt in that he did on this twentieth day of June. 1902, during the sitting of the court, in its Immediate view and presence, behave ln an insolent and disorderly manner, which behavior tended directly to Interrupt the proceedings of the court and to Impair the respect due to Its authority, whereupon said Palmlerl was lined $50, which he paid to the clerk ln attendance.

Mr. Palmlerl jpald the fine to the clerk saying that he paid under protest. Justice Bartlett, who writes the prevailing opinion of the court, says, In part: The facts which the return states to have occurred before Mr. Justice Marean, ln my opinion, are sufficient to uphold an adjudication finding the relator gulity of contempt; and I should have no hesitation ln agreeing with the presiding Justice were It not for the decision of the Court of Appeals In the case of the People ex rel. Barnes vs.

Court of Sessions (147 N. 200), in regard to the contents of the commitment, In such a proceeding as this. There, although the court assumed that the evidence wae sufficient to warrant the conviction, the adjudication was reversed, and the proceeding dismissed on the ground that the mandate of commitment did not specify the particular circumstances of the relator's offense, as required by Section 11 of the Code of Civil Procedure. In other words, this omission In the commitment Is held to be fatal upon a review of the proceedings by certiorari, although the papers before the reviewing tribunal clearly established the sufficiency of the proof to sustain tne conviction oi tne relator. Presiding Justice Goodrich writes a long dissenting opinion.

District Attorney John F. Clarke represented Justice Marean. WE'LL Not the way mother used to do, but by means of electricity. You buy the fan, we supply the current at about lc. an hour.

Nothing like it for keeping cool and comfortable in Summer. Write us about it. tricflliiitii 360 Pearl Street, Brooklyn. ADDellate Division Decides That His Punishment Was Too Severe. HE WILL BE REINSTATED.

Was in Command of the Greenpoint Sta tion When Bemoved Court Findi That No Criticism of His Record Was Offered by Department. Th Appellate Division of the Supreme Court last night handed down a decision reversing the action of Police Commissioner Partridge in dismissing Police Captain John Reardon. The court orders that Reardon be given a new trial before the Commissioner or one of his Deputies. The decision means that Reardon will be reinstated. Ho as In charge of the Greenpoint Precinct when he was removed, and Deputy Commissioner Nathaniel B.

Thurston presided at his trial. He was accused of neglect of duty, conduct unbecoming an ofTloer and violation of the rules of the department. The dismissal came before the courts for review on a writ of certiorari, sued out by Reardon's counsel. Hugo Hlrsh. Justice Willard Bhrt-lett, who writes the opinion of the court, says: SUPREME OOCtRT, APPELLATE DIVISION, SECOND JUDICIAL DfcPARTiiiCNT.

The first question to be considered In this ease relates to the manner Id which Jurisdiction was exercised in the trial and dismissal of the relator. He was tried before Nathaniel B. Thurston, First Deputy Police Commissioner of the City of New York. The charges against him were three in number: First, neglect of duty; second, conduct unbecoming an officer, and, third. Tlolation of the rules of the Police Department.

The First Deputy Commissioner adjudged him guilty of the first and charge and not gulity of the third charge, and be recommended that the relator be dismissed from the force. Upon tht conviction the Police Commissioner subsequently pronounced Judgment, dismissing the relator. It Is now contended that the proceeding was in-all ii because It WToiTOd a Judicial bearing by one officer and a final determination toy the other. The provisions of the Re-Tlsed Greater New York Charter, however, In respect to the trial of police offenders appear to contemplate precisely this procedure. Section 800 empowers the Follce Commissioner to adopt rules and regulations tar the examination, hearing.

Investigation and determination of charge against any member of the police force, but prohibits the punishment of any such member "until written charges shall nave been made or preferred against him nor until such charge have been examined, heard and investigated before the Police Commissioner or one of his deputies," Clearly enough this author lied a trial of the relator before the First Deputy Police Commissioner. A to the subsequent exercise of the power of dismissal by the Police Commissioner himself after a trial before me of his deputies, we bave the provisions of sec-. tlon 902 of the Revised Greater New York Charter, the first part of which is as follows: "The Police Commissioner shall have power. In his discretion, on conviction by him or toy any court ox officer of competent jurisdiction, of a member of the force of any criminal offense, or neglect of duty, violation of rules, or neglect or disobedience of orders, or absence without leave, or any conduct Injurious to the public peace or welfare, or Immoral conduct or conduct unbecoming an officer, or any breach of discipline, to punish the offending party by reprimand, forfeiting and withholding pay for specified time, suspension, without pay during such suspension, or by dismissal from the force." Under eectton 800 the First Depoty Police Commissioner was an officer of competent Jurisdiction; the relator had been convicted before such officer of competent Jurisdiction of neglect of duty and of conduct unbecoming an officer, and hence, under section 803 the Police Commissioner was expressly Invested with authority to punish the offender by Inflicting any of the penalties mentioned in that section, the maximum, penalty being dismissal from the force. In view of fcbete provisions of the charter which give express legislative sanction to tbe method of procedure adopted In this case, It seems to me that the Jurisdiction of the respondents Is not opes to serious doubt.

Since the oral argument we bave been referred to the decision of tbe Appellate Division of the First Department In tbe case of People ex rel. De Vrles v. Hamilton. County Glerk, rendered at the May term, 1003 (manuscript opinion). There tbe relator was sn exempt fireman, holding the position of Docket Comparing Clerk in the office of the County Clerk of New York County, t'pon a charge of intoxication he was tried before the Deputy County Clerk, and after the bearing was dosed the evidence was submitted to tbe County Clerk, who examined the same in the absence of tbe relator and without notice to him, and made an order removing him from his position.

The Appellate Division held that while the deputy had authority to take tbe proof and conduct tbe trial, there was no power subsequently to pass the proceeding over to the County Clerk to make tbe determination, "la tbe orderly course of Judicial procedure," said Hatch, a trial may not be severed' so that one functionary may take the proof and another make the determination. Such Vl power bss never been exercised, so far as we are aware, unless it was conferred by statutory enactment." In tbe present case, however, as I have i eDdeavored to show, tbe statute applicable to police trials In the City of New York permits the Police Commissioner to pronounce Judgment upon a conviction bad before one of bis deputies. The De Vrles case, therefore, has no application here. The determination by the First Deputy Police Commissioner convicts the relator of four distinct offenses. The Deputy finds: 1.

"Thst on numerous occasions In 1901' and W02 Ctptaln Reardon failed to make certain entries In the blotter, as required by Rule 6, Paragraph of tbe Rules and Regulations of the Department." 2. "That he directed and permitted blank spaces I 1 be left in tbe blotters by officers under bis command, which space were afterwards filled in by him, to cover unauthorised absences, with the I intent to deceive his superior officers and to falsify the record." ''That he did on several occasions forward to the Inspector of his district reports not countersigned bj himself, as required by Rule 5. Paragraph Q. of tbe Rules and Regulations of the Department, but signed by some other and 4. "That on May th.

1A02. he made a false statement to Deputy Commissioner Ebsteln, with Intent to deceive." It Is earnestly Insisted in behalf of the relator opon all of the evidence In tbe record h-fore us there was such a preponderance of proof against the existence of the. facts thus found that the verdict of a Jury affirming the existence thereof, rendered In an action in the Supreme Court triable by a Jury, would toe set aside by the court ss against 55 of Tllce. (Sw section 2.140, Code of Civil Procedure). to far as the third and fourth findings are oon-cerned.

I am satisfied that this view la correct. In regard to the third alleged offense, the proof shows that on four occasions district reports were forward-' ed to tbe Inspector bearing the signature of the relator, not written by himself, but by some one who assumed to countersign them in his betisif. The relator own testimony (and there la no other evidence on the subject) shows thst these reports were countersigned without bis authority or eitge, having been brought to bis house at a time when he waa either 111 or asleep and signed by his wife or eotne other member of his household, who was unwilling to disturb him. The occurrence seeme to have been woolly accidental, involving so intention on the part of the relator to deceive hi superiors or any one else, and it does not seem to nie that a conviction of neglet-t of duty can possibly be sustained npon the evidence herein reiit-ing to this matter, without manifest Injustice The IJTSTf! ln reKard to district reports do twt establish a conscious violation of any rule on the part of tbe relator. fHee People ex "el Horan liiw- Jd m- 497" the fourth allegud offense, to tbe effect that tbe relator made 'tuVTJSS1 Commissioner TtStelJ with Intent to deceive, the charge was that In re- lJSwyj Commissioner to wsm be baa been during- the m.v 1002.

Clrt.li, Be.nJon replied "I herell th. bona, all tbe or wort? to Tended de t. hi. euperlor 0m, er. Four Tel.

ealkd In refer en o. to thla ch.rre; Deputy Com" mlreloner Ebrteln, Herman! Kohlra.n. iitwto, Mc-Laushlln and Captain Reardon Mmtelf Allth. wltnee. the Deputr CommLeioner tettmi that wbat the Certain uiri v.

In and aroticd or th. etat on bone, all toe tnorolnx and alttramh on hi. direct examination Deputy Commna loner teetlOed that the Uapuin'. atatement waa that he we. In the atatlon hroiie atatement bj 'Mrlnsr: "He mid he "huA hM h2 Lr.bS"i?bt I.

clean to th. effect that th. Captain', declaration waa taat he fn boaH' and ther. absolutely no proot that thu Vateinent tela. A.

matter of tact the blotter ehowed of Ooralaalon that testimony shows that at v. patrol in the Tldnity of the station. In view of the existence of this entry, known to the relato? It Is Incredible that hi. 7L I10- regai where be bad been during th morLns was made with any deceptive Intent. 1 A more dlrflrult question than any that has vet ln fnea to the proof in of the first and second slleged offensea (wnirlost of the testimony In the record relates Paragraph of Rule I of the fculee and nerdlatlow of the Police DenartmeDt make It the duty of the Captain before leaving the station ThouieM an? tlm nd Pwpose of leaving, and immediately upon returning to enter likewise a the tolotter the time of his return.

Testimony wa! by frergeant obi man, who was attached to the relator's precinct, to the effect that he left blanks In tbe blotter, by the express direction of the rel or. to tbe end thst en trite might sntne--quently he msde therein by the Captain In rwpeet to Ms going borne or assuming command. Farther tertlmony war given on the ssmr snhject by Sergeant Patrick H. Bowes, who was attached to the same precinct, and who stated thst be left blank R'S HP 11 -Ml 3 I commodations have been provided for both sexes on each floor, and a medical inspec tor's room, teachers' retiring rooms, and ample storage rooms nave oeen piacea in various convenient locations throughout the building. Drinking fountains will be placed along the corridors, and a dust shute and dumb-Walter will extend from the basement to the fourth floor.

Every effort has been made to provide for the comfort and convenience of both teachers and pupils. The building will be heated by steam and ventilated by the system known as the Plenum system of forced ventilation, by means of which warm air Is forced Into each room and exhausted through the vent ducts leading to the roof. The sanitary arrangements will be of the best, and the building will be most complete In all Its parts. TWENTY-POUND BASE BOBN. Record-Breaking Infant Died, However, Soon After Birth.

BOSTON, July 25. A child weighing twenty pounds was born to Mrs. Frank L. Bowers, of LincoltvAtreet. West Medford, yesterday, establishing what physicians of long experience say is a record ln that city, at least, and perhaps ln America.

The child died of strangulation lmmedl-. ately after birth, ln spite of the fact that It was In every way normal and perfect. Life of Pope Leo XIII. Mgr. Bernard O'Reilly, D.

author of "The Life of Plus IX" will publish, through the John C. Winston Company, of Philadelphia, the "Life of Leo XIIL" Mgr. O'Reilly was summoned to Rome some years ago and appointed by the Pope as his official biographer. He lived eight years at the Vatican, writing the book ln English and French. The advance notice states that the book Is popular ln Its character and treats of the Pope as a statesman and scholar, as well as the great Pontiff.

The work is profusely Illustrated and as soon as possible will be completed with an account of the last days of the Pope. Bangor Fish Man Drowned. BANGOR, July 25. Alfred Jones, aged 45, head of the firm of Alfred Jones Sons, wholesale flsh dealers of Bangor, was drowned last night ln Lake Pushawa, Glen- burn, while bathing. 1 orrm ir-- Iff tin- 14b An Innovation in Educational Buildings in This Borough.

t. r. 'Z'' Public School No. The plans for the new Public School No. 146 were approved by the Executive Committee of the Board of Education at its meeting on Wednesday last, the building, of which a picture Is herewith presented, will be erected on a site between Sixth and Sev enth avenues, extending from Eighteenth to Nineteenth street, 200 feet deep, and having frontage of 150 feet on Eighteenth and Nineteenth streets.

The design of the building Is somewhat In the character of the English Renaissance during the Jacobite period or Stewart restoration period. The HELPS BOTH rood Strengthens the Mother and ake Milk for tbe Baby. There are many cases on record where the use of the scientific food Grape-Nuts has produced milk for a mother In a few day, so she could nurse her baby in the natural way. Aa case of this kind Is told by a lady oi Decatur, "When my baby was two months old I had a very disordered stomaca and everything I ate disagreed with me. "This worried me so and I was so weak and nervous I was almost a wreck and had to stay ln bed most of the time and the re sult was that I had to put baby on the bottle.

After trying this for a week the poor little thing did not thrive and I thought she would surely die. "Then along came a friend who beggd me to try Grape-Nuts food although neither she nor I thought it would cause me to have nourishment for baby. But I con cluded to eat Grape-Nuts and began that same day with good results. 'It wae the first food I had eaten tcr more than three weeks that had agreed with me and I continued eating It and gained strength rapidly and after only two days' use of this food I was able to nurse my baby again and la less then a week I had taken her entirely from the bottle. Tou can Imagine what a pleasure this Is to a mother and.

I am more thankful to Grape-Nuts food on baby's account than on my own, although Incidentally I must tell you that I have gained I pounds in weeks." Name given by Postum Battle Creek, Mich. Send for particulars by mall of extension of time on the 97,500.00 cooks contest for TJ6 money prizes. 9 exterior will be faced with stone and brick with terra cotta trimmings, and will be one of the most beautiful buildings ln this borough. It will be of the well-known shape in plan, by which direct sunlight Is admitted to every room. This plan has been generally adopted by Bupt.

Snyder In localities where buildings are erected on the sides of the school building. The view presented shows one face of the building, both being Identical. This will be the first building of tnis kind of architecture In this borough. Public School No. 14a will have an audi torlum, forty-seven classrooms, one cooking room, two kindergartens, a library and workshop, providing In all accommodations for J.250 pupils.

The auditorium will be placed In the basement below the large courtyard or playground on the Nineteenth street side, and will be lighted from above by means of vault lights placed In the cell- ing ana under the playground. It will have a seating capacity of 1,200 persons. The interior of the auditorium will be decorated, the celling being paneled and the side walls effectively treated with pilasters and an or- namental frlexe extending around the entire room. Nooks have been provided for plaster busts of notable men. and separate panels have been formed In the walls for pictures ana otner decorative features.

The first floor will contain the principal's omce. library, two kindergarten rooms. workshop, together with playrooms for boys ana girls, six entrances lead to the first floor from the Eighteenth street side and six from the Nineteenth street side, two of which will lead by means of spacious stairways directly to the auditorium. The auditorium can. therefore, be used for evening lectures, and the rest of the building shut off or occupied by evening schools.

The floor of the kindergarten rooms will be raised slightly above the level of the flrat floor, and a wide terrace outside the building will adjoin these rooms and extend over the playground. This terrace Is especially Intended for the use of the children of the kindergarten, and has been so arranged that plants and shrubbery may be placed about the same ln an attractive' manner. All df the windows of the kindergarten rooms will be extended' to the level of the floor, the casement sash opening directly upon the terrace. The second, third and fourth floors will each accommodate sixteen classrooms, so arranged that each room will receive ample and direct light. In each classroom wardrobes for the pupils, a teachers' closet and a bookcase will be placed.

Ample toilet ac.