The evening world. Newspaper, January 20, 1903, Page 1

\ 4 \\ a) ~ i ON PAGES 10 GENERAL SPORTING NEWS & |i. { “ Circulation Booke Open to All.?? | EDITION ” ‘PRICE ONE CENT. NEW YORK, TUESDAY. JANL | BANK. WRECKERS ADMIT THEIR GUILT. M) Kimball and Rose, of the Seventh Na-| tional, Confess t Checks for Which There Were No) _ Funds on Deposit Only Misdemeanor, Besides Is a Com tice, but Punishment May Be $5.000 Fine and Five Years’ Imprisonment. ‘The-Wriel of William H. Kimbal! and Gamellal W. Rose, charged with wreck- ing the Seventh National Bank, came to a sudden end to-day. The defendants pleated guilty and threw themselves on the mercy of the Court. This was brought about by the wtrength of the testimony adduced In ’g@ proceedings. It was proven eonclusively through Cashier George D. Adams that Marquand & Co. had @rawn checks in the morning which ‘were certified by the Seventh National (Bank, and that no funds were deposited to cover these certificates until very Jate in the afternoon. In other words, the bank was making loans without : ‘These facts being conclusively proven, it was realined thet it was only a waste time to attempt a defense. This was the conclusion by Mr, Kim- iball's counsel, Edward Lauterbach, and by Lorenao @empte, representing Paying Teller Bowe, and after a consultation went fmto the Jufge’s chambers laid the matter before Judge & ‘Thomes neturally, refused to be | j; 2 to any euch proceeding, but-after ‘Messrs. Lauterbach and Bemple agreed to enter a plea of guilty. the courtroom there was much ‘ep to the cause of the delay, ‘before Judge Thomas, for Mercy. atter some moments Mr. Kimball erose was half way which was flowery before the spectators of what he-was trying to get at. ‘He epoke first of the high esteem in whtch Mr. Kintball nad been held by the public, apoke of his fine record as a bank examiner, and then went on to say how he hed been led to make this mistake because of the high standing of Marquand & Co., who, through Mr. Poor, had inttmate connections and sup- ~ FRANCHISED ~—TOINVALID. Appellate Division Holds that Cities Still Have the Right to Assess Corpo- ration Privileges for Their Own Benefit. o Having Certified | Says Counsel, and mon Banking Prac-| Attorney-General Cunneen Says | the Matter Now Stands as It Did Before the Legislature posed backing from the National Park Bank, He had understood that Mar-| Passed the Measure at Issue. quand & Co, hed large amounts of securities which could be readily real- ize@ upon, and le was led to extend them this favor. Common Practice, Says Counsel. Mr. Lauterbach said that the over- certification of checks was done right along, because banks and banking tnsti- tutions knew that the payments of bonds and securities had to be made im the morning and that brokers were ‘not often able to make good until the afternoon. “The fact that checks were deposited thet were not certified is of no account,” said Mr. Lauterbach. “‘Mr, Kimball has been guilty only of an irregularity. it is not a orime. It is not a felony. At the most it is a misdemeanor, and it was not even intended by theLegis- lature that it should be anything dle. “Yesterday,” continued Mr. Lauter- bach, “a net of evidence was woven (Spectal to Tho Evening World.) ALBANY, Jan. 20.—Attorney-General Cunneen and his deputies are hard at work dissecting the franchise tax de cisions of the Appellate Diviston Court. It Is declared by the Attorney-General that when one section of a law similar to the franchise law, ls declared uncon- stitutional it invalidates all other sec- tions. He helds that the entire matter now stands as it did before the passage of tite law, and that the collection of such taxes remains with the municipalities. ‘The State has no share in it, he adds. The decision of the Appellate Division was confined to just one section of the law, that providing for the collection about Mr. Kimball. It It into shreds, but at the tbe JOH) of the franchise tax by a State com- not possible that we could have made @| mission, That section was declared a defense that would have convinced this table. The time of the Court is also val- “T entreat that the Court take into consideration a, life so well spent and now nearing ita end. We plead guilty of over- at a time when there were no di and no er credits,” matd San’ Pauterach in conclu Mr, Semple then arose and made a short plea, In behalf of Mr. Rose, olting the fact that Mr. Rose was still em- ployed In th National Bank. “T ask that sentence be suspended.” Decision Reserved. “I shall have 6 these pleas un- id Jud, ‘Thomas, ‘od by the Jury. shall give the pleadings of counsel due deliberation.” Judge Thomas then paroled the prison- ers in the custody of counsel. Asustant United States District-At- torney Ball sald that the maximum sentence that can be Imposed on Kim- all and Rose under the statutes 1s $5,000 fine or five years in prison or bor ‘There 18 no minimum, the matter being left to the discretion of the Judge. violation of home rule. ‘The court, however, made no decision as to the fundamental principle of the Jaw, which recognized and classified a franchise as real estate. Friends of Goy. Odell who were at first disposed to foel jubilant over the decision are now gravely considering its language. It 1s the growing opinion that the Appellate Dtvisior has completely knocked out the Governor's recent con- tentions about the Franchire Tax law and left him without a leg to stand upon. Senator John Ford, the father of the famous law, is at the capital to-~ day. He said: “Of course, the decision does not af- fect the principle involved in the law. ‘The court does not say that defining a franchise as real estate is unconstitu- onal. The court eimply holds that the method in which the law has been ad- ministered 1s not constitutional. ‘The court does not contend or imply in its decision that the city of New York WILLIE WOODED WITH MINCE PIE When His Pretty Teacher Re- fused Further Presents the Lovelorn Lad Held Her Up with a Pistol. He loved hie pretty teacher with all the ardor of his thirteen-year-old heart, Willie Barney did, and when she refused to accept his presents of mince ples he a o have her blood. ‘This explains little Willie was in the Gates Avent} Court, Brooklyn, to-day, charged with attempting to shoot adie Welt, nineteen years of age, a teacher in Public School No, 152, Miss Wolf js most attractive and ‘Willie's infatuation for her does credit fis discrimination. He lives with his ther and is a bright little chap. His exgellence in his studies had the effect of making him a favorite with Mi ‘olf, MMllé took the pretty teacher apples, loandy and other presents, and he ranked Well in his studies. At Christmas time “he presented her with a large mince pie, baked by his mother, Another large mince ple passed from Willie to his teacher at New Year's time. gifts were accompanied by communica- tions.of such a fervid nature that Misa Wolf decided to place little Willie on the plane occupled by her other puplis. Consequently, when the schoo! tenm for the new year opened, Willie was deeply pained to find that the. pretty teacher paid no more attention to him than she did to a pock-marked boy at the foot of the clues. He waited in per- plexity for signs of her former interest in him to show, and at last decided to force-matters by giving the teacher an~| other pie. Bhe refused the pie. Wille got a small revolver and watted Outside the school for Miss Wolf, He Polnted the weapon at her and Lhreat- ned wo shoot 4 hole in her broad, white forehead, Miss Wolf was frightened, but she did not show it. She started after Willie, and Willle ran, Then she Pout ful 4 Warrant for the arrest of her adinirer, im court to-day Willle sald that the platel was load with beans and would These | “%, cannot go on levying by its local tax officers the franchise tax Imposed in my law, “The decision of the court places the jaw just where {t was before the| change made by the extraordinary | session of 189. A franchise {s stil real estate. The court does not dispuve it, and a portion of a law can go into oper- ation @ven though one portion be de-| clared unconstitutional.” | es GROUT THINKS LAW WILL STILL STAND. CANFIELD MAN ACAIN ARRESTED David W. Bucklin, Manager for Famous Gambler, Taken Into Custody by Two Detectives of Jersey City. Comptroller Grout was not surprised when the news that the Franchise Tax law had been declared unconstitutional reached his offi, He expected just such a decision, he said. “But the ground upon which the law was declared unconstitutional,” declared | the Comptroller, “does not, in my opin- jon, affect the taxing of franchises Merely the method of levying the as- sessments is affected. The local as- sessors can assess franchises as real estate, this to include the rights of way, the tracks, pipes, wires or whatever may be included ip the franchises. “It 1s my opinion now that the local assessors will at once get to work assessing the vaiues of local franchises, and I ghall expect Tax Commissioner Wells and his subordinates to institute this work, ‘The declaring invalld of the clause providing the method of levying the tax does not make the franchises free from assessment.” Lashes the Corporations, | Here the Compiroller launched into o| tirade against the conduct of the cor pore tions, For nearly six houre to-day David W. Buckiin, who we Arrested by Inspector Brooks at “Dick' Canfield's gambling- ‘house the night of the famous raid, was detaned at Police Headquart tn Jer- sey City a most indignant prisoner. Bucklin, who was manager of the Can- field place, had just stepped from « Pennsylvania Ratiroad terry boat when Detectives Pearson and Prescott took him into custody. "The Chief wants you," they sald, and marched him away, | “What for?’ demanded Bucklin, “I'm |not doin Ce OF | Chief of Police Murphy told Buck! Uhat he had received a telephone either ¢rom District-Attorney Jerome jor the New York Pollce Headquarters to make the arrest, But when he finally gol these offices by wire both denied ot any such message. me telephoned: “I don't want He's under ball and won't run | tn ——— MORE COAL BY THE PAIL. The committee of retail coal dealers apointed by the Muyor to confer with the coal companies with a view of in- creasing the coal supply sent weekly to New York called upon the Mayor to-day and notified him that the companies had promised to inorease the supply now being sent to this clty by Afteon hundred tons iy. will be sold by the pail and the parties interested tion passed at a spec! bany making the Stat parties empowered to as Chises’ ‘Then they went into the courts and fought the act on ihe ground 1) the act took away assessing po! the local boards should execut oour of conduct: is well caleulat fhspire ‘a leaning toward anarchy thougl the antagonists of the franctilao tax may think thelr conduct has decn | keen aid far-sighted, In the end they | will be undecelyed | Referring to. the decision itself the | Comptroller adds: aw that ail a ahs ! freon | estate an also provided intributed by the retatiere in each bor-| taxed as real catute “lao provides e , how the tax should be collected. Had | ough who are recognized by the com-| how ihe tas spo Fe, constitutional | panies as thelr medium of dletribution Hof distribution: | |jn so far that the franchises were not estate It might have been @ dif-| mt story. t is my beef that the decision will pot affect the clly tax rate this year at ‘The committee comp f Curtis & Blaisdell; G. I. Herbert, of i oy and Micheal Burns, of ‘eased hi! Herbert & Co. Burns & Co. PRESENT METHOD ILLEGAL. |» IL must be a mistake ; 5 a ; “The whole procedure on the part of Murphy then concluded that! sie corporations in this matter his been some one had put up a hoax on him) scandalous, I do not, howover, reilect and immediately released Buckiin, upon the courts in this erittciam. Sut | p, al| i pleasure at the a tee rate. I cannot tell if it will be urged thei aor j he have the aupply wfiil further’ In- CA lM ll creamed! so Bl -? Bexema, No Oure, No Pay. The Luxury of Travel ous druggiet will refuad your Sonny Ht Pago in the ivi Special. tt | OINTMENT falls cure Ri ry i Reali 5 4 MILLIONAIRE DUELGER’S HOME AND THE STATE TAXON PPPAELPOOOI EMO MET BOMB THAT WAS FOUND ON THE PORCH. PIDHPHHGHHS GF-46444-6650OSSHO GF OT CHOOSE $M AIOOSREE DESH $5 54083 9H soeees Re-election. FORT. C. PLATT: BLE | Aldermen Vote to Allow. the Carrying Shots to Be Fired in City Hall! Park in Honor of Senator’s! Dog catcher .. Street sweeper Janitor Deputy Sheriff Poliveman «++ Mayor Congres) Bemator ..ss well. Well, pean SCHEDULE OF CITY SALUTES. WTWOSAFES Dynamite and Sledge Hammers, They Went Through Park Ridge, N. J., Wrecking and Robbing Principal Places Reo ee (Special to The Evening World.) |Son of Millionaire on Whose Stoop the D p | Doelger. drdth street station, at 3 o'clock (his morning. OGE ON TRAIL THE DOELGER BOMB MAKER, Contrivance Was Placed Believes It W. Constructed of Pipe Stolen from Brewery. Two Employees Are Being Watched by 1 Police—Defect in the Fuse Alone Save the Family from Being Killed in Wreck « the House. Developments this afternoon indicate that the miscreants who pl a bomb on the front door steps of the house of Peter Doelger, the mil aire brewer, at Riverside Drive and One Hundredth street, were dij employees of the brewery. ‘Peter Doelger, jr. son of the head of the bresthg company, the Bureau of Combustibles, where the bomb was taken for examin to the character of the explosive it contained, and said that the pipe which the explosive had been stuffed was exactly like the brine pipe the Doelger brewery. He expressed the opinion that some one abo brewery had stolen it and used it to blow up his father’s home. SEVERAL MEN UNDER SUSPICION. The police are now working on this theory, and will try to what individuals now connected or who may (ave been connected with company would be likely to want to injure Mr. Doeiger. Several en are under suspicion. Capt. Wiegand, of the West One Hundredth street station, charge of the case, sald thig afternoon that he had sent detectives view these men, Two of them are watchmen. aa: “I am convinced myself,’ said Capt. Wiegand, “that the placed there as a bluff rather than with the intention of doing harm. The homb was formed exactly like those used by the Chi archiste, and yet the fact that the hole through which the fuse was to was not big enough to admit it, indicates to me that the purpose was to seare than to kill or destroy.” é The bomb was found by Roundsman Rapelye, of the West One B A stranger told him had seen two persons acting in a mysterious manner about the Do house and that they had run away. The Roundsman failed to get the PARK RIDGE, N. J., Jan, 20.—Burg- jlars carrying dynamite and sledge-ham- {Mere went through this place early to- |day on @ smashing expedition, and when ReGoe PETER DOELGER 6006-0400 » Teun} they left town two safes were in pieces 10 guns] and four places, including the poat-| i ae Sin 15 guns sebice: were wrecked. plan: A Donke at the allroad | dep at, ae where yin fall swing . 40g0 They began operations by breaking the'r hammers. doors 50 gu into the livery stabie of Bush & So. ou boxes ‘a where they got the sledge-h: battered in the quest for plunder. - 40 mune T) ‘These thoy used on the office door and| wie. ran hate . 00 gone severed, buxes, and While ney miter left \little beyond ‘the hammers and 8% wm horse biankete, ‘they did considen thoroughly ransacked the; +1100 gana || damage. | A recent eres ft thea | Going direct to tne post-office, t ae dnl EL A I LE a8 drilled the sate, eet a charge of ane | aA Tuechnnaeter see. steed mite and blew open the strung vox et Coc mai needy itor Tens sides shattering wind and doors. | ate n? A successor to the late lamented Al-| From the debris they picked $10) in|°"A ‘search was made for two suspte denman Bridges has been found, His name is Seebeck. Also he 1s from Brooklyn, He Introduced into Board to-day a resolution granting per- mission to the Lincoln Republican Club to fire a salute of 1 guns in Clty Hall Park to-morrow, In whose honor? Tom Piatt's. h and $i In stamps. asecn here last night an , the post-ollve fre mipposed to have done the smashing | and robbing, but no (race of them was found the robbers Fe A. ai after splintering | the the Aldermanic|door, they blow open the safe and left} A pair answering their description was the place quite in rains after they got |aeen crossing the Chambers street ferry 7. from Jersey City to New York shortly) Thetr next object of attack was thelafter dx i Senator Tnomes Collier Platt's, For has not Senator Platt been re- alected? He badn't been re-elected when See- beck introduced his revolution providing for the firing of one buridred guns, But that was a detail, “Everybody knows elected,” said Seudeck. The Alkierman prophet. Scarcely (hat Platt had landed. If the Mayor 4s agreeable the salute will be fired and all the windows along Park Row will be shattered to do honor to Tom Platt Congrens. ‘Phis should be fired on St, Patrick's y ‘After awhile they will be firing salutes te ogleprate sie de eae led oes Theresa by her first nusband, Henri de Bermingham. ubAPme with the’hgoming orveannon| ~The family servants are remembered substantially. Liberat pantera tasuall Wi become srimy 8>4) hequests to public institutions are also made. The testator be- tt nd rf uee lamented Bridg sor that he'll was a quick-action had the Republican members dt of Aldermen voted on his jan word came from Albany ‘thus je an appalling prospect opened . @ next salute may be in honor ot tion of ‘Timothy D. ck is a wise Alderman to the —~ WEATHER FORECAST, Foreoust for for New Y¥oi Partly to-mights snows Ra i City « the Gun. ae eee Se Rd Bullivan to thirty-six hours ending at 8 P. M. Wedn: rik cloudy Wednesday fresh easterly ‘PETER MARIE WILLS HIS ART COLLECTION TO METROPOLITAN | The will of Feter Marie, the “Pendennis” of New York,which’ was filed to-day. vequeaths $50,000 in trust for each of his nephews aiid nieces for. life, Leontine Celeste Munz, Leontine| Suse; Leontine end Josephine, daughters.af the testator; Henrl-| etta Meadi, Lion Marie Morris and Elizabeth Morgan Gibbs Barnwell. Fifty thousand dollars absolutely is left to Ferdinand, Meally Thieriot. F ; | | be A trust of $210,000 is created for Jacob H. and Albert Thieriot. John 8. ane Louis Marie, and Marie, the first wife of Percy R. Maderia. in $30,000 lots. Mathilde de Joly de Salle | gets $20.00C and $40,000 is left for the children of Marie | late queaths his famous collection of miniatures to the Metropolitan Museum of Art. Cousins of the deceased living in Jersey City and Baltimore are also beneficiaries under the will, +4 , LATE RESULTS AT NEW ORLEANS. Sifth Race—John Peters 1, Benmora 2, Mrs. Frank Foster, sixth Race—Flaneur 1, Jerry Hunt 2, Florham 3, GIRL FOUND GUILTY OF KILLING CHINAMAN, Mary Kern, the young girl who was tried in Brooklyn to-day for the murder of a Chinaman, was found guilty of manslaugh+ ter in the second degree. The penalty is from one. day tot doen years’ imprisonment. ee nen aoe? | plete investigation he decided to call the family, He rang the front dos | with one or more saloon-keepers whom he had dispossessed, and that) of this person. He went at once to the Doelger house ani his Informant appeared, Capt. Wiegand thinks that the man who told the Rounds about the bomb may have been the one who put it there. ~ 4 ALI THE FAMILY AT HOME. In the house at the time were Mr. Doelger, his wife, their two ters, Mieses Mamie and Colia, and a eon, Frank. There were also five yunts in the house, Mr. Doelger, who is seventy-two years old, has b confinod to his bed for several weeks. It is feared that the excitement oF the findiug of the bomb on his deorstep may have a bad effect on his fli ness, Rapelye went to the house and seeing no one he tried the back . 4 found it secure. The front door was all right, too. But to make @ com~ bell vigcrously ana in a few minutes two of the servants opened door. It was while he was inquiring of them if any member of the fa i was out without a key that he glanced down and saw, in the light from hall the boinb lying on the doorstop. (oa ‘At first he believed it was a burglar’s tool, but a moment’s investigation = proved ts him that ft was a bomb, and he burried with it to the poll station, Thore |; wue found that 2 quarter of on inch from the exploding” point the fuse had become wet and the spark had been extinguished. THE BOMB A FORMIDABLE AFFAIR. as The bomb is made of a gas pipe a foot long and two Inches in diameter, capped at each end with a heavy metallic scre\, cap, such as plumbers — f and gas-fitters use. One of the caps had been drilled so that a hole ade ‘ mitted the end of the fuse into the tube. The pipe had been packed withy black gunpowder, considerable force having been used, and then the cap was screwed on tightly. 3 The police turned the tomb over to Superintendent George Murray, of the Bureau of Combust’vies. Murray opened the bomb and tested tho! powder. Ile was astonished and made this sigtement: ; +, damp fee had not extinguished the spark just where St ald they Deelger louse would have been wrecked ani 101 ss several lives weuld! lave Leen lost. She explosive was packed /n the tube and the pipe were of grect strength. The explosion would have been a terrific one, *L never saw a more powerful bomb than this one, It was made by an CLUE FURNISHED BY THE FUSE, Upon being examined closely it was found that the bomb had scratched on one side with a file until the letters “IN NN" ciphered, The fuse was made of a piece of blue paper, which, names on it, had been @ part of the specimen ballot in the Fifteenth © gressional District. Besides the bomb itself this plece of paper is the en jue the police haye, The names and parts of names which appear on the torn piece of are; William G. Ve——, John F, Coyle, Ike Meyers, John B, Kelly, G H. Hea—, John P. Wolf, Bertie K. Blo-—. So far the police have two theories. One, furnished by members of Doelger family, 1s that a private detective agency has been endeavor L for some time to have Mr. Doelger employ their watchmen to guard property, and that on his continual refusal the bomb, with the p po dampened fuse, was placed at his house as an object lesson. oR Another theory {s that Mr. Doelger has been having considerable ti + bitterness was shown. SCORE OF DETECTIVES AT WORK. Detective Langan, of the Detective Bureau, was notified and Detective Vallely, with a score of other detectives, to work om oa ‘The family shows an inclination to hide the facts in the yet the police have been unable to arrive at any motive ype