The evening world. Newspaper, December 18, 1902, Page 4

THE WORLD: THURSDAY EVENING, DECEMBER 18, 1902. CASE AGAINST THE GAMBLERS CLOSES WITHOUT ANY DEFENSE B LAURA BICCAR NEAR COLLAPSE Leading Defendant in the Trial for Conspiracy to Get the Bennett Fortune Court-Room. OF GROKER SNOW IN EFFECT. Leventritt Vacates the Stay Ob- [time the defense wishes to call |neases it may do so. ee ‘* BOSH,"’ SAID JEROME, IN REPLY TO LEWISOHN. (Continued from First Page.) | Appearing in @iszuise. Gov, Black hard- | ly knew hin when he resumed the stand. esterday the witnei risiiing mustache, clothes and a black hat. the black mustache had dls- ‘The detective was smooth Instead of the black sult he sult with a pro- A wide-brimmed West- ern sombrero displaced the black derby. appeared with a a black suit Disirict-Attorney Jerome reached the Courts Building early, pared for a warm day. Hoe preserved a wconcing himself behind ette butts In his office, clgarette and met a Nght busine nounced check. _ Justice > tained by the Fire Chief When Com- missioner Sturgis Had Ordered His ’ Discharge—Croker’s Appeal Stands, he lighted a fresh the reporters bra that Moustache? (MRS. HENDRICK FAINTED. | 4 soon as tho great lawyer sdentifea emote ps I say to you this morning? There was so muoh that he might say that no one dared wuswer fortwo min: Meanwhile a flerve fog arose from District-Attorney’s some one relieved the embarrasement by what he thought of ement that he was not protecting Cantleld but his rights as an American eltizen in refuslng to test jhin mah he took up the cross-examina- | tlon where he left off yesterday. | Stanton, Ex-Justce of the Peace and) your mustache om? Co-Defendant, Swears He Married | jst) the Actress and Millionaire, but) !eoln't auswer Gets Badly Tangled Up on Stand.) mustaches? fifteen years ago, when I was a A that the witness eters Tho stay of proceedings obtained by Fire Chief Croker, restraining missioner Sturgis from ted to-day by Justice Leventritt in the Supreme Court. | } This action gives Commissioner Sturgis power to dismiss Chief Croker | immediately. Justice Leventritt in rendering the decision made it clear tuat the i © derits of the trizl did not enter into consideration at ail, He ruled merely | for alleged « ‘on the line of precedent. . The decision does not affect the appeal from the Commissioner's action ie Appellate Division which was granted by Justice Fitzgerald at the! wite of D: je time with the stay. |] The Corporation Counsel said this afternoon that by the ruling of Justice Leventritt Croker's dismissal goes into effect immediately. Im vacating the stay of dismissal of Croker Justice Leventritt says in a: | $000-word decision that the writ was granted on the aMdavits of Chief, Roach, She kept house for Mr. Bennett © Grokex and his counsel and several newspaper reporters, the record of the *"4 eure Blegar: when ths of the Fire Chief not being presented to the Court. There was a good yr) yey cy anton” a of history regarding the relations of the Chief and the Commissioner, ‘as his wife. the purpose being t» show the Commissioner's bias and prejudice against Bennett had said to her, » roker, the main arguments relied upon tn the appeal, as showing the Com-) ‘ issloner’s incompelence to try Croker. “The affidavit of the chief clerk In the Corporation Counsel's office | tha the maid serv yws that the records for forty-five years have no such stay entered,” says |! justice Leventritt, and then he takes a quiet dig at Sturgis, saying: “I do not deem it material to consider the various affidavits in further, i.” It is quite,unnecessary for the purpose of my decision, which I! Present mt the birth of the child {a Dr. we on broad grounds, nor do I wish my decision interpreted as in any ise congtituting an approval of the trial, so far as the same i disclosed r the affidavits before me and the uncontradicted excerpts from the tion failed to shake At this point Sampel Stanto: you get to buyin * ymnK | ewisoha's Aismissing him the department, ial to The Evening Wor! Dec. 18.—Laura | bear’ al defendant in the triat| * to met the for- |tune of the late Henry M. Bennett, was lon the verge of a collapse in the court- mustaches and “Gambling 1s Megal and he is protecting gambling. ‘There are plen- “To ferret out crime." “Tow large was the town?” “About 2,000 paople, but disguises were show that the law holds he must teatity, ‘There was the case of I before Recorder boodie-Alderman case and the Supreme Court held that a must testify In such a felony as bri “The same decision was given in the murder cases a Hendrick, ano only used to wear disguises, but I used change my face. Biggar complained of the bad a!r in the “How could you change your Jake Sharp case man does not have to testify does in a felony like gambling. “Are you golng to keep on the same | course during the rest of your manipulating tarted to tell how he did this, but Wyatt sald he didn’t think it ary say you disgulsed yourself New York City if n to Laura Diggar Bennett allud “Well, there was a Jewelry store rob- "Gambling Is forbidden by the law and to enforce the law, n't think that gambling can ever be stopped, becauce it Is a human ‘ou disguise yourself before or That was In 189% bt In my mind ag @ was some do found respons to their relations ur jt was after,” sald Jacobs, d by executions or thefts by’ But gambling can be lesre he Evil in Gambling. Disguines Here, “Did you bring all your ‘ou came Kas! h you that big black mustache you Wore on th howed me what I thought was a mar- riage certificate,” Dr. Connojiy, who swore that he was “The great avil of these public gam-| ruined by one member gambling away all {ts resources and dragging down the lt the public gaming- ot the men with the Keep at It In other members. 1 months ago | ji . T bought that se 'for cross-examination, the same ground again, and the pro did you, have to change’ your here is a difference between playing cards with friends and playin stakes In a gambiing- business of gambling Is a great to keep poonding laws are changed While the Distric Ing Assistant Distric came Jn with the chation in the habeas crime for them.” f the doors in the Jacobs Was cx- yNelll, a special Iman for the Ciuzens’ He testified that Jacobs to the " was called to the stand as | the first of the trio of a was called to testify “Even were the record of the trial before me It would not be Incum-, Of the Peace, Pent upon me, nor even proper, to review the testimony, even though the Teading satisfied me that I should reach a different cenclusion than the guilty of a co: @fficer whose decision 1s questioned. vad -., “I can only act on the papers before me, which uo not Include the taat The papers before me contain the decision of Com. and I'm gotn, at It unless t and thet he mar- | |rled Heary M. ttorney Sandford him enter and waite? a half hour for him to come out. After finishing with O'Neil the prose- It revealed the fact that tn the Ing tlee Wyatt Lewisohn ha nswer the question now Hichard Canfield? ing that he had been a | Peace for five y It pro-' that he of the trial. loner Sturgis and his order of dismissal to Chief Croker. es to find Croker guilty on several charges, on uncontradicted testi- o'c! i y—largely that given by himself. Sentence must stand, however biased the Fire Commissioner may have Deen, or however undignified or unjudicial his conduct of the trial may, hhave ‘been, or however violate of propriety or delicacy it may have been to have insisted on his right to preside in person. (<3 “Upon a reinstatement by the Appellate Division, should that tribunal | Bennett sald that the woman's name -B0 decide, the Chief will be restured to duty and receive the pay for the i My time he was ousted. But, until then, I ani compelled to assume that the! pour y igismissa! was regular aud supported by evidence. Wish again to relterate that my conclusion in no wise involves the merits (of this proceeding, and is in no sense Intended to affirm the proceedings at the trial of Firo Chief Croker.” -- John J. Delaney, counsel for Chief Croker, was not cast down by the - depision. In fact, he took Justice Leventritt’s remarks about not wishing ‘his decision to constitute “an approval of the conduct of the trial as the; game is disclosed by affidavits and the uncontradicted excerpts of the rec- ord” as highly favorable to his client. ® “We are just where we were when the decision of Sturgis was made,"| |, nd the papers in the case are now being prepared for submission to the Appellate Division, February term." THREW LUPE AFTER HIS JOB. Discharged by Firm for Whom| » He Had Worked for Years, Helmuth Promptly Killed Him- | on the ground to put on Justice Wyatt an- hat he would reserve decision eriminate him. If the record bears this out the In my home tn anid that 1 had ‘no objections. er to my desk and got a dian’ re after (he marr he ewid that Fi he fii Jo: ® At the same time, 1} marriage -ortifteat a tented « duph 1 wanted a dupil-| \ her by mall, he had done with wid that he had burned It up aft {calling ta his mind the clrcum of the marriage. ‘anton got badly 3 on read his testimony at the L are brought to the same de- | gree of perfection in our .@ Winter SUITS and} «$12.50 as in our highest-priced garments. ith trapped him to file the all | he sald, Stanton sald that when he t Long Branch that the exhipt (Meate was the original he had toll t truth to the beat of his knowledge "t remember of the Neate that he ew months before, Stanton swore that he had made out the duplicate certificate after his term FAILS AS TEACHER AND TRIES T0 DIE ll Health Forced Mary Fernauld to Give Up Her Place and She Takes Carbolic Acid, statement and sald he was | married Bennett and they’ were sold at public auction Then where did you get this rt on Reed's store, I sup- The prosecution then sprung a aur etter a written to Herbert D: as staying In Bayonne. Copyright, Wm. Vogel & Son, 1902. . Price-!lowness alone should attract you, and with the perfection of the two important features above mentioned it is possible for you to buy the best ready-to-wear suits and overcoats made. he overcoats are cut in the loose, medium length style of Oxford, black and blue frieze and black and Oxford Kersey, | The suits are cut in the single and double breasted sack styles, in all the fashionable materials. WM. VOGEL & SON, Broadway. They will be some looking for me in a week insane over her fil health, her to fall as a school Mary Fernauld, a daughter of the Rey. George Fernauld, of West New Brighten, Staten Island, attempted sui- olde this afternoon by which caused T told you Herbert 4 Wil you kindly send meh Stanton refused to say who Pauline ts der redirect examination 8 that he had never malied the letter he expected trouble with his wite t was to that the letter re! d. irs, Louise McClure. who worke: Bi F John Helmuth, assistant foreman in Pichler Brewing Company, No. 3582 was discharged m hour later killed himeeif tn his No. 310 Hast Ninety-second street, carbolic acid. He warned wife that he was going to take his but stie thought he was only joking ik mo steps to prevent him. Fernauld was twenty-four years graduated from Bar! ear and obtained a position In.a private school in Troy, N. Y., where she taught until a few weeks ago, when her health Thas been with Laura Biggar every day, | and she returned to her swore that she remembered that Laura ir, Bennett lived as husband | She remembered Lewisohn was asked. es,” he replied. “I don't eee how your saying whether or not you know Canfleld would in- criminaté vou,” put in Justice Wat but Lewisohn ‘perisistet tn his attitu and was therefore adjudged in con- tempt. ——— CASE OF CANFIELD’S MAN IS UP AGAIN. The examination in the case of David W. Buckiin, who ts charged with being the manager of Richard Canfield's place at No. 5 East Forty-fourth strect, went on before Justice Wyatt this af- ternoon. Jacobs was the witness, Hiv crogs-examination was continued by ex- Justice Fursman, who made him tell the story of his life. When Jacobs said that he was a clerk for the Citizens’ Union, who investi- gated complaints against gamblers, the -Justice asked sharp! H that be 2 Hit © |, "Don't vou talk like that to me,” said the lawyer. “I don't haye to call it ing a cler} ple t you call it ‘investigator,’ $f you like that better,” sald the wiiness. ‘The, witness ‘said that he had not seen John Willard, wh, he had _testl- . had "steered’” him Into Canfleld’s, > the He did n him niaht of Nov, %. know what had become vis he He's a profesvonal tout.” What's that?" ‘ho stecrs people Into gam- ankes the lawyer. answer to questions Jacobs said Millard was about & feet 8 Inches tall and wore a light sult of clothes when w hi What color was his hatr About that of that man over there.” pointing to a reporter. “I'm no artist,” said ex-Judge Furs- man tartly. ‘Tell me what the color wag.” A Mght auburn,” decided Jacobs. juggest an exhibit of the reporter'a }hair,” put in the District-Attorney, The Justice sat on him and the ex- amination procecded. He's a Sleuth, He Sayn. Testifying about the night he got evi- nee for the raid Jacobs sald that Jo- h li, of the Citizens’ Union, fol- 14s. What's O'Notli?” asked Fursman, . he's a sleuth, said Jacobs. sas your's, eh” “Yes. Same as mine. Ten a sleuth.” io they set a rogue to catch a rogue Judge, when T was a foreman of your Grand Jury you didn't say that to me.” The court-room gasped. They began to wonder If the great detective had Asguised himself as a milllonalre and sat_on the Grand Jury. Fursman was evidently nettled. “Oh, don't threaten me. of sou under any circumstynces,” vald, angriis, Justice Wyatt rapped on the table for order and said that this sort of bandin- axe must stop’ so the examination went ° Ta take care he n. Jacobs of how EING OFFERED. into the gambling-house to get the evi- dence, illard on Seventh avenue,’ ‘What asked te with a up.’ ‘I'll get you |. ‘if theres any- “It was are you doing ixothing,, T said. irl, but she. into Canfield's. thing in it." He wanted $20, and I’ stood “Were you disguised?” asked Furs- an. “Oh, yes," sald the witness “I had . Yt a dress suit, my face was blackened T wore a’ fly mustache.” “ace any blacker than It is now?" re ‘Oh, ves, ‘Anythin® clase to disguise you?’ “Yes, I had a black mustache which 1 carried in my pocket. I took it out on the way over and subetituted 1t for the fly mustache, I also had a silk hat.” te have been sMucient ’ meaningly sald the lawyer with a curl of his lip, Once the lawyer tried to scare Jacobs py shouting with his finger pointed at yon aware that you are lable ciment and punishment under the same statute which Is being used against Aude a District-Attorney objected, and the question was ruled out. _ The case was then adjourned Jan. 6. Going out of court ex-Judge Fursman asked) Bucklin for a cigar. The gambler had none “Til teke cne from any man In the room," sald the lawyer. jokingly, In- spector Brooke introduced himself and Inspector, handed him one. “If tt fsn't a good one, rm get even with you another way.” re: Marked Mr. Furaman, and walked o1 Just then Jacobs pushed his way up, stuck out a fat, red hand and sald “You're all right, Judge. 1 wish you 4 Merry Christmas anda Happy New ear.” until ‘The lawyer swelled with anger, turned “I shake hands only with gentlemer Jacobs said nothing and sneaked away. a REPORT ON POLICE HOURS. Mayor Low received to-day a partial report on the proposed new police pia- toon system from the commi: Posed of Eugene A Philbin, C ridge and Avery D. Andrews, wh Mayor appointed to effect a new sys: tem of police hours. It Is felteved that the report rendered to-day comes from Eugene A. Ph loin, in favor of a four-piatoon Col. Partridge ts opposed to an change. Major Andrews is thought to concur with Philbin on sale to-morrow morning at Houston St, Helmuib had been in the brewery foate manriage certificate came by ‘employ since he ried ten, years that she was losing her reason. While alone Ino the noon she swallowed the acid 5 @ Uttle doy. house thia after- opened the package an: t y Recently he has had ble with the workmen inthe brew- . and yesterday there was a crisis. office this mornin said that Va 1 cared for Bennett day Court then adjourned until to-morrow, upon the floor of her bed-room writhing thought she will ot hy was told thal nis needed any more. 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