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| AUNTS TEST =. Bitivaning Cor Commissioner; | | Pleading Lack of Funds, Re- "{ fuses to Take Refuse from Leading Department Stores. COURT PROCEEDINGS BEGUN. Defense That City Can Discriminate Im Favor of Private Residents _ Disputed and Effort Made to Com- pel Equal Service to Business Men ‘Eawyer Daniel P. Hays, of No. 141 way, appeared to-day before Jus- Leventritt, in Part I. of the Su- Court, in a motion for a peremp- writ of mandamus against Street- ing Commissioner Woodbury and Dehalt of the largest dry goods lhe in the city. The firms represented ‘were: pson Crawford Co.; James Mc- “Greery & Co., Siegel-Cooper Co., Stern » B, Altman & Co. and Loni & ‘Whe action against the Street-Cleaning joner was brought to test the ‘and prevent Major Woodbury from inating against the department and in favor of dwelling and “apartment houses in the removal of @abes and barbage. “he plaintiffs allege that the Commis- @loner bas not the power to make eny Miecrimination in the removeal of wshes ‘end garbage. They deviare that the de- partment stores pay more toxes than @hy apartment house ozcupying the @ame amount of realty space in the Lack of Funda. the other hand, Commissioner Woody declares that the city 1s not led to clean all streets, nor ts ft “@ompelled to remove refuse from any ene, piace, ‘The whole trouble ts caused by lack of ds. “The Board of Estimate and Apportion- Ment gave Major Woodbury, eccording Be t® Lawyer Hays, the same appropria- m thon for the cleaning of streets and | the remoyal of garbage and ashes as ~ ‘waa given by the former administration. He Recently he wrote a letter to the va- \ lous dry-goods houses saying that his © funds would not last him throughout "he year, and that he would have to Bees teinste in favor of private dwell- F am advised,” he wrote, "that the femoval of garbage and ashes from pri- ,Vate dwellings and fiat houses is of Tore tmportance for th eral health of the public than the taking of the mame from dry-goods stores.” Merchants Take Insue, On this point Lawyer Hays takes Is- @e with the Major, claiming that the ‘Wemoyal of garbage and ashes and the Oleaning of the streets is a public duty ceed that the city is not acting in a te capacity. Before the papers in the application writ of mandamus “irs acting 48 (EP ataior wvoodbule ta fe Board of Aldvimen to , anne appropriation as ap fence he problem satisfactorily to all eer) eorne Aldermen took no action ep © Behold the matter under ¢ Raat a Boel sult. was then t peaking of tie matter, a under the char: has the power to ‘dis ants matter by a deflett in th t to know } -gther steps for fe maintain the part and garba, ponpayer. or'a pri ie up less cpace than any one of th: 11 Mr. Hay By ps application by Section Diaws f 1901 11 said Commireion ee all of the str ereeenatian. the to remove as Ge oft: as the pu al all ashes, and other made What His D The document t fnder the law jus i x thi eratinuing “That wii Cleaning Fefused 1 business of ie strvets lo ashes, st her Waht refus nd remove hor y wa Mae Ines other pel and th store and in. fay noes. met vald di in untust wana without ion aga and will c THE WORLD: MONDAY EVEMING, JANUARY 26, 1909. MISS SADIE WOLF, THE PRETTY TEACHER, AND MINCE-PIE WILLIE, HER DEVOTED SLAVE. OLD POLITICIANS AT DEATH'S DOOR Patrick Divver, for Many Years Tammany Leader in the Sec- ond District, Suffers from Pleuro-Pneumonia. JOHN REILLY ALSO DYING. Paddy Divver A steady stream of callers visited the home of the old Tammany leader at No. 7 Madi- son street, to-day, with anxious in- quiries, but they recelved little consola- ‘8 dying. tlon. Dr. Charles E, Mammack, tho family physician, announced that his patient was very low and, while he would not say that he feared a fatal termination to Mr. Divyer's illness, he could hold out small hopes of @ favor- able outcon ‘The ailment of Mr, Divver 1a pleuro- pneumonia, He has been afflicted four days and’ {t ts early to judge of the effect of the disease, but thus far he has falled to respond to treatment, The sickness came upon him like a lightning stroke, Not more than a week ago he was about the Second District in his usual robust health, attending to hig busi- 88, aught a bad cold one even- 1s and felt distress In his chest the ext day, bus to a iman of 3 such a trifling thing a to be seriously reckoned with, Worse aud When the doctor calied in) pnoumoma had 1 bearer. was rr a slight indisposition, A has ben appointed from the Divver ho at least Va nown mM Justice York, Aa a olive famed for It he decisions 44 power in the riot Gad ‘Tammany Poley wrested the nmany leader nnot recall ae PERIL FROM MONT PELE il Great Voloane Breaks Out Afesh | ; while Many Are on Shore, but | All Are Rescued Unhurt. CASTRIES Royal Island of 81, Leia, Jan Tie Mat yer hundred exeursion ” Island of Martintaie and returned here thi that © erupted kis to BE ‘| them alt several hund: Of tteath tx | Eek took Saturday OLD CLO’ ISAACS FOLDS ald TENT. For Fifty Years He Gave Char- acter to Baxter Street, and Now that He Has Moved the Section Sorrows. FIRST AT THE FIVE POINTS. “Old Clot Taaacs has gone," sald Bax- ter strect to Leonard street to-day, wip- ing away a few frost-Incrusted tears, “and in the language of our aristocratic sister, Fifth avenue. I am desolated.” “Iam truly sorry for you," replied Teonard street, sympathetically, “and even I, who shared my corner with you in the old associations, feel the loss, though T must confess T am beginning to feel @ Ittle proud of my Increasing stature and the tone the big manu- facturers have given mo." “But,” continued the dingy little Street, plainiively, ‘you do not owe your entire fame to Joseph Isaacs, and I'—here a well-meant sob was spoiled by @ White Wing's brush—"owe all the character and uniqueness I possess to the old man. {ty Years Ago, Lada, “As I look over Mulberry Bend, now so bright and cheery with light, and think of the past fifty years of my fame. I could almost burst my hydrants and r forth a flood of high pressure tears, nember distinctly that memorable day in June, just a half century ago, when Joe—he was a young man then— came down here and unloaded @ small pack In one of my little wooden pockets. Then I was merely a humble ttle alley whose name never got beyond the then unsavory Five Polnts ‘Joe began !n a very humble way, buying old and tattered clothes for a pittance, furbishing them up until they looked quite respectable and then selling per cent. profit, “It was really on rful how Joe pros- | pered, for only a YWAr had passed before for his store was crowded from early morning until late at night with buyers and sejlers Other Michmonds in the Fleld. | "But it was not long that he had the || Bet to himself, In fact, 1 had hardly kot used to his presence before it seemed the whole tribe of Jacob had de- led upon me and begun carrying on spirited rivalry for Joe's patronage. {It was that rivalry that made me fa- mous As you kn o pap throughout the Held did Isaacs desert w, my fame hegan in the 1 was soon spread ed States, Out for $5,000, me? V Ought this lt mi if Joe | fou toon years ago he * we join hands, John Simmons Manufac- ypany put up @ large factory to buy Joe's ato id out for $35,000, buy some adjoining ut he stuck out for St and the simmonser got in | nat forced him to Fr $33,000 and art in business is now rey me for “k house No wolf aya.” vess he has rom the oor or the rest of hts « HIT BY SCHINOFFSKY. Whichsky Ran Offaky,) yn Sincenky, its Kreal Schin- lle After and Masn't Been In « Nght over |he could hardly handle his patronage, | A few! MINCE-PIE WILLIE SHOVELS SNOW With the Proceeds He Will Pur- chase a Diamond Ring, Which Will Surely Touch His Pretty Teacher’s Heart. DOES HE LOVE HER, WELL! Willlam Barney, the thirteen-y@ar-old midget whose all-consuming love for ‘bia pretty teacher, Miss Sadle Wolf, of No. 374 McDonough street, Brooklyn, ted to his wooing her with mince ples and silk garters, told the story of his interrupted romance to an Evening World reporter to-day. Willie was seen behind a small shovel hard at work cleaning the street in front of a store near nis home. When interrupted in his task and asked the story of his amorous ‘inclination, he struck a Chesterfleldian attitude and Sir, you see me now engaged in earning the wherewithal to pursue the inclinations of my heart. Bhe trun me down on the mince ples and the garters, but I will now buy her a diamond ring that will bring her to my arms. Does He Love Herf Well, Say! “Do I love her? Gee, I could Uck every kid in the neighborhood for one amfle from her fair lips. I could go up against Pop's rawhide for a touch of her hand. But, say, my heart 1s sore after the way she scorned me and brought me into that court on Gates avenue. Of course I was goin’ to shoot her, when she brushed me away as if IT was a baby without a heart, for I could not bear the thought of any other winnin’ her from me. I was des perate then, but now,” and Willle rubbed the expansive part of his knickerbockers thoughtfully, ‘I guess I'll try an’ win her by: gentle ways; by showin’ her that I would do deeds r, an’ work untill I drop in me tracks, A Five-Dollar Diamond, “I hope this snow lasts, for 1 get 6 cents a day for shovellin’, an’ J guess I can get her a good diamond zing for $5. Only nine more days,” and Willle | rolled up his eyes rapturously. “T tell you it's hard to be kept away from her school, but then it gives me a chance to work an’ earn enough to buy her that diamond ring, an' that'll keep me spirits up, “Say, that's all I can tell you now, for if I lay down on me job the boss may fire me,” and with a graceful bow, Willle went on wielding the shovel with all his infantile strength, At the home of Miss Wolf to-day the pretty young teacher's mother scouted the idea that Willie had fallen hope- lessly in love with her daughter. What! Willle a Pirate? Vay, that terrible lttle boy doesn't aw what love is,’ sald Mrs. Wolf, ‘To tell you the truth, I don’t think he ‘s right In his head, He was in a class of six and seven year old children, and he Is thirteen, He 1s nothing more ‘than irate, and the way he lorded it youngsters was a caution. | Why, he 8 a regular little highway- man. If one of the little chaps had a | ne new pencil Willie would imme~ ately demand it, and he had them so ightened at his bold front that they Would give him anything he asked. He has an awfully old face, though, and I suppose that was the reason all the little CS ae feared him.” FATE OF GIRL WHO KILLED CHINAMAN Escapes Auburn by Being Sen- | tenced to the Bedford Re- formatory. May Kern, the seventeen-year-old girl who stabbed and killed Foo Wah, & Chinaman, at No. 78 Grand street, Will- jamsburg, on Oct. %6, and who was con- week, was sentenced to the | Bettord Reformatory to-day by Judge Crane in the County Court, Brooklyn, ‘The prisoner was perfectly calm and victed last City Gets Delay, "| seemingly indifferent as to her fate y ® Delay jis moar agetatnd the of > Suffolk etrect, frae- | vier she was arraigned complaint declares that the Als. | ty in hastening skull of Louis Orloosky, of 8 Hf s Mon has only ex!st BERG Be st tnida 01 Ne ‘I could send you to Auburn prison it Dror 10 that d inlnutes of oxeliment git No. 106 Orchard:strest, today. Cr for a term of years,” sald Judge Crane, Ack aio, [ie Lhe owner BFR RON Yad and | put I believe that you should be given. shout eight] Bohinoffaky was bila helper | an opportunity to change your waye.”’ declare that thc It was the custom of Orloonky to DY) phe sentence was made Indefinite, aa Case wer fonday’ wi 10.30 A. Ms the Comporation Counsel jerelves Americans. "| BARGE ASHORE; CREW SAVED | My. and Mrs, Doyle Bowen from the wieke Inland Ld AL and Was low, hoop and her Crow ¢ M about fifteen miles south or! Ave men | Wash: oF oy the ie ot "dase? King, Jape) tet tale th aie8 suddenly his he n of each Orloosky got $2 for hauling a load | Schinoffsky want ky would Schinoffsky hit head with a black- per at the conolusi fod. of furmtture to-day of it. O than i Joomky on t ack, aid at ‘a = Janay that Orloosky will die, After hit- mle Hughes Lost in Gale OM) iy ie eo Rchinoffaky. shinned off. Delaware Capes, sky and he hasn't been acen alnceaky. ch RPG —————— VES Vel dan Si Phe berge Jen | jotel Proprietor Dies Suddenly, hea wus caught in a heavy gal gton, D.C, and of t ive no neur Hospital they | although the maximum term there te |three years, much depending upon the | prisoner's conduct The girl claimed at the time of the trial that the Chinaman had attempted to embrace her when she went to his store for tea. ——— Two Killed in a Wreek, WILLIAMSPORT, Pa, Jan, %.—Two Stern Brothers To-morrow in Millinery Department First Floor Special Sale ot Chiffon Hats in the correct Styles for immediate wear. at $2.25, 3.25, 3.95 « 4.45 Important Sale, To-morrow & Wednesday Persian Si 10 x 14 ft. 10 ft. 10 lk Carpets x14 ft. 6 10 ft. 4x15 ft. 6 $1,085.00 $1,450.00 $1,600.00 Value $1,650.00 50 Persian Value $2,000.00 Value $2,500.00 Silk Rugs at $138.00, 168.00 « 225.00 Value $195.00 to 350.000 The Above Rugs Are Choice Specimens and Soft Rich Colorings West Twenty-third Street, oh _O OOONON OOS. CIRL SHOOTS BOY COUSN. Was Showing . vig. A. How. She Could Use a Pistol, Supposed to Be Not Loaded, and Now the Lad May Die. FOUND IT IN THE GARRET. JAMES McCREERY & CO. Household Linens, 2d Floor. Table Cloths and Napkins. Bleached Irish Damask, JAMES McGREERY & CO. Sale of CHINA, GLASS AND SILVERWARE January 27th to 31st, Ornamented China, bric-a-brac, pottery, curtos, bronzes, marbles, lamps and clocks are included in this sale. Cut Glass Pepper and Salt) Holders, with sterling sil-: ver top. 75¢ Fine China Tea and Bouillon Cups, various decorations, 35¢. and 50c Value 75c. and 1.00. Haviland’s China— Dinner Plates, 25¢, value 40a. English China Tea Plates, border decoration, 15¢. each, Value 35¢. Cobalt Blue China Cracker Jats cece cece ee cee ees 625 Value 2.95 China Fern Dishes, hand- some medallion designs, 1.75 Value 3.95 ; English China Sugar Bowl Breakfast “ 20c, “ 356 and Cream Jug, Tea * 35G, *)S0ke 75c. per set.| Salad “150, * 30e Formerly 2.50 Tea Cups and Fish Sets—handsomely dec-] Sancers.......20c, * 400 orated, 14 pieces, 12.50 per set. Formerly 20.00 Limoges Game Placques, with heavy gold border, English Porcelain Dinner Sets, 8.75, 10.50 and 13.75 Limoges Dinner Sets, 16,50, 19.50 and 27.50, Value 8.50 oe Limoges Dinner Sets,—with Ruby Glass Comports,| floral decoration, egold flower or fruit stands, 95c] edge........-2.+. 6626.50 Value 2.50 Formerly 35.00. Heavy American Cut Glass Table Cloths, 68xX72............ 2,00 each 68x90... ........250 “ 68xI08.......+2223,00 Napkins to match. Lester Carroll, fourteen, of No. 455 Fourteenth street, Brooklyn, {8 aying in the Norwegian Hospital from @ pistol shot wound in the left breast, in- fileted accldentally, it 1s said, by his cousin, Miss Elste Herron, twenty, the daughter of the keeper of Greenwood Cemetery. The doctors at the hospital to-day said that the boy was in a very serious condition and might die at any moment. Miss Herron met her cousin at ohurch and invited him to her home at the Fort Hamilton avenue entrance to the ceme- tery for dinner, They went to the house together, and after dinner she suggested an investigation of the gar- ret and other rooms of the hou! The police, who have statements from both Miss Herron and the boy, are making an investigation from which they hope to clear up any mystery which may now surround the case. According to Miss Herron’s first state- ment, she and the boy were rummag: Ing through the house when they came upon a revolver in a drawer of the gar- ret. Neither of them bdelleved it was loaded, and the boy sald: “Let mo see you snoot.” behind a door, “EM show you,” said the girl, as ehe pointed the revolver and pulled the trigger. Tho pistol failed to go off and that reassured her that it was empty, she sald, “You don't even know how to pull the trigger,” laughed the boy, as he poked his head from behind the door, She raised the weapon again, and that time it did go off and the boy sank to the floor with a groan, while she ran from the room calling for help. Another story 1s that the boy, in- stead of daring her to shoot, begged her not to polnt the pistol at him. This story has it that when Miss Herron found the weapon she said to the boy “I'll show you how It work: “No you won't,” erled the boy, taking refuge behind a closet door. “It isn't loaded.” , don't point tt at me, the boy pleaded. Miss Herron pulled the trigger and there was no explosion, Partly reassured the boy stuck his head out from the door and then there was a shot and the boy fell to the floor. ‘A doctor was called and seeing the wound was serious he sent the lad to the Norwegian Hospital and notified the police. Miss Herron was arrested and taken to the Parkville police station, After belng at the station an hour, all the time hysterical, the young wo- man’s relatives furnished bond for her appearance. Both familes are inclined to consider the shooting an accident, but the police are not eatisfed with the varying state- ments and to-day are trying tq straighten the matter out, An ante- mortem statement will be taken from the boy to-day if possible. Miss Herron was arraigned in the Flatbush Police Court to-day, where Magistrate Tighe held a conference with her, her father and her attorney, John J. Foley, before calling the case, An officer testifed that when he reached the house he asked the boy how he was shot, and that the boy had sald it was an accident “Have vou any complaint against thts young Woman?’ the Magistrate asked, “Not just now. “T will disonarge her, and if the boy ie He dodged It might foe of their counsel, i ther father refused to disouss the awe in any manner, LONG TERMS FOR BURGLARS Men Who Choked and Kobbed Rich Brooklyn Women Plead Gallty, Robert J, Ray gnd William Keenan, ex-convicts with long records, although neither Is yet chirty years of age, were wentenced to-day by Judge Crane in the Kings County Court to serve twenty- seven years each in Sing Sing for as- men were Killed and one fetally injured | to-day in @ freight wreck on the Wii- oad sault and burglary, Dec, t the pair pro) ¢ into the mo Breakfast size, 1.90 per doz, Dinner i “gious’ ath Bleached Damask, 68 inches wide. 70% per yard, Hemstitched Huckaback Towels, with damask ends, 21x40 inches, 3.00 per dozen. Webb's “Dew Bleach” Towels, 3.75 and 4.50 per dozen, -| Pillow Cases, Embroidered and hemstitched, 21x36 inches, 1.50 per pair, Odd table cloths, in various sizes, Twenty-third Street, on JAMES McGREERY & CO. Corsets, Straight front corsets, trimmed with satin. Sizes 18 to 30. Hose supporters included. I.t Value 2.10 Genuine whalebone corsets, Various models, Odd sizes, 2.75, 475 and 6.50 Value 4,25 to 15.00 Twenty-third Street, JAMES McGREERY & CO. Ribbon, “Luminous” ‘Taffetas rib- bon, —4 to 4% inches wide, Colors:—Blue, pink, car- dinal, navy, nile, lilac, cream, white and black, 19c. per yard, Twenty-third Street. SILVERWARE. Quadruple Plate Tea Sets, 4 PIECES 000. vee eens He BSG Value 12.00. Rose Bowl.......6++3+75 Value 6.50 Footed Comport, ro inches Highs 00 0000 02 0010 0.075 Value 14.00 Handsome Punch Bowls,— large size,—very hand- some cutting.......- 50,00 Value 75.00 Fine China Dinner Sets, and Open Stock, in remaining patterns that will be discontin- u ued, and must be removed, in preparation for new Spring Stock. Dessert Spoons,—odd pate terns, 1.00 per half dozen. Sterling Silver Butter Knives ........25C. each Twenty-third Street, JAMES McGREERY & CO. | JAMES McGREERY 8:CO) ; Ladies’ Suit Dep't. 3rd Floor. Upholstery. 4th Floor. \ On Tuesday, January 27th,|Canvas Suits,—Pleated A | blouse model, trimmed eg Relay! Bs with taffetas, Lined with ; , ‘ ; Bedsteads and Art Furni- silk.” Bine and black. tures, 35:00 Renaissance, Arabian and|New Model pedestrian skirts, Blue, black and grey. Irish Point Lace Cur- tains. 275) 375, 475 and 6.50 per ‘pair, 8,50 Tapestry Portieres, Reversi- ‘Twenty-third Street, ble, with applied borders, ; 4.00, 5.00 and 6.50 per pair. Usual price 4.50 to 9 About 1,200 yards hand- suitable 3,00, World Wants the Pilots to Success some Fabrics, for wall coverings and Paid Help Wants |; draperies, New designs 933 tis, mornings | and colorings, 1.50, 2.50, 375 and 5,00 per yard, Formerly 2.25 to 8.50 per yard, Sofa Cushions, covered with East India hand- embroidered fabrics. BUT i Paid Help Wants in thet 262 cite NY» popers combleads { AGENTS seeeee tL APPRENTICES .. ». 3 ARTIFIGIAL FLOW- BRS , HEMSTTTORERS ong HOUSEWORK oi BLACKSMITHS . BONNAB oes see BOOKBINDDRS BOOKKBEP ERS 3.50, 5.00 and 6.50. Formerly §,00 to 12,00, Fine Brass Bedsteads,— finished with best Eng- lish lacquer, New models, MILAANERS NECKWHAR NURSES . ‘Twenty-third Street, ee ‘The Minneapolis Journal Says: “4 © @ © It is diMoult te see how THE WORLD ALMANAC could be